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Commentary - Art. 3. Part I : General provisions

    This Article, which is common to all four Geneva Conventions, marks a new step forward in the unceasing development of the idea on which the Red Cross is based, and in the embodiment of that idea in international obligations. It is an almost unhoped-for extension of Article 2 .
    The importance of the Article, in which the whole of the rules applying to non-international conflicts are concentrated, makes it necessary to say something of its origin and of its development by the Diplomatic Conference (1).

    1. ' Origin and development of the idea '

    Up to 1949, the Geneva Conventions were designed to assist only the victims of wars between States. The principle of respect for human personality, the basis on which all the Conventions rest, had found expression in them only in its application to military personnel. Actually, however, it was concerned with people as human beings, without regard to their uniform, their allegiance, their race or their beliefs, without regard even to any obligations which the authority on which they depended might have assumed in their name or in their behalf.
    There is nothing astonishing, therefore, in the fact that the Red Cross has long been trying to aid the victims of civil wars and internal conflicts, the dangers of which are sometimes even greater than those of international wars. But in this connection particularly difficult problems arose. In a civil war, the lawful Government, or that which so styles itself, tends to regard its adversaries as common criminals. This attitude has sometimes led governmental authorities to look upon relief given by the Red Cross to victims on the other side as [p.29] inadmissible aid to guilty parties. Applications by a foreign Red Cross Society or by the International Committee of the Red Cross for permission to engage in relief work have more than once been treated as unfriendly attempts to interfere in the domestic affairs of the country concerned. This conception still prevailed when the International Red Cross Conference in 1912 refused to consider a draft Convention on the rôle of the Red Cross in the event of civil war or insurrection.
    The Red Cross was not discouraged. In spite of frequent lack of understanding on the part of the authorities, it was able in some cases to carry out a certain amount of humanitarian work in civil conflicts (2). The question was again placed on the agenda of the Xth International Red Cross Conference in 1921, and a resolution was passed affirming the right of all victims of civil wars or social or revolutionary disturbances to relief in conformity with the general principles of the Red Cross. The resolution further laid down in considerable detail the duties of the relevant National Red Cross Society and, in the event of that Society being unable to take action on an adequate scale, the course to be followed by the International Committee of the Red Cross or foreign National Societies with a view to making relief available (3). The resolution, as such, had not the force of a Convention, but it enabled the International Committee in at least two cases -- the civil war at the time of the 1921 plebiscite in Upper
    Silesia and the civil war in Spain -- to induce both sides to give some kind of undertaking to respect the principles of the Geneva Convention (4).
    Observing these results, the XVIth International Red Cross Conference, held at London in 1938, passed the following resolution which did much to supplement and strengthen that of 1921:

    "The XVIth International Red Cross Conference ... requests the International Committee and the National Red Cross Societies to endeavour to obtain:

    (a) the application of the humanitarian principles which were formulated
    in the Geneva Conventions of 1929 and the Tenth Hague Convention of
    1907, especially as regards the treatment of the wounded, the sick,
    and prisoners of war, and the safety of medical personnel and medical

    [p.30] (b) humane treatment for all political prisoners, their exchange and, so
    far as possible, their release;

    (c) respect of the life and liberty of non-combatants;

    (d) facilities for the transmission of news of a personal nature and for
    the reunion of families;

    (e) effective measures for the protection of children, ..."

    The London Conference was thus envisaging, explicitly and for the first time, the application to a civil war, if not of all the provisions of the Geneva Conventions, at any rate of their essential principles. This resolution, coupled with the results achieved in the two conflicts mentioned above, encouraged the International Committee of the Red Cross to reconsider the possibility of inserting provisions relating to civil war in the Conventions themselves.
    At the Preliminary Conference of National Red Cross Societies in 1946, the International Committee proposed that, in the event of civil war, the contending parties should be invited to declare their readiness to apply the principles of the Convention on a basis of reciprocity. The suggestion, modest enough but which took account of realities, was no more at that stage than an attempt to provide a practice that had already yielded satisfactory results with some kind of legal footing. It was based on the belief that an invitation to the Parties to the conflict to make an explicit declaration (which it would undoubtedly be difficult for them to refuse) would encourage them to take sides with the advocates of humanitarian ideas, and that the suffering caused by civil wars would be appreciably reduced as a result. The Preliminary Conference of National Red Cross Societies did not merely approve the suggestion: it went further. It went in fact straight to the root of the matter by a recommendation to insert at the beginning of each of the Conventions an Article to the effect that: "In the case of armed conflict within the borders of a State, the Convention shall also be applied by each of the adverse Parties, unless one of them announces expressly it intention to the contrary" (5).
    Such was the view of the Red Cross movement. What would be thought of it in Government circles remained to be seen. There was reason to fear that there might be objections to the idea of imposing international obligations on States in connection with their internal affairs, and that it would be said to be impossible to bind provisional Governments, or political parties, or groups not yet in existence, by a Convention. But the Conference of Government Experts, which was [p.31] convened by the International Committee of the Red Cross in 1947, did not take that view. Far from repeating the arguments which the charitable efforts of the International Committee of the Red Cross had so often encountered in the past, they recommended at least a partial application of the provisions of the Convention in the case of civil war. As a result of their efforts an Article was drafted by the terms of which the principles of the Convention were to be applied in civil wars by the Contracting Party, subject to the adverse Party also conforming thereto (6). This proposal fell a long way short of that of the Red Cross Societies. It spoke only of the application of the ' principles ' of the Convention, and hen only on a basis of reciprocity.
    On the strength of the opinions thus expressed, however, the International Committee added a fourth and last paragraph to Article 2 of the draft Conventions which it submitted to the XVIIth International Red Cross Conference at Stockholm. The wording was as follows:

    "In all cases of armed conflict which are not of an international character, especially cases of civil war, colonial conflicts, or wars of religion, which may occur in the territory of one or more of the High Contracting Parties, the implementing of the principles of the present Convention shall be obligatory on each of the adversaries. The application of the Convention in these circumstances shall in no wise depend on the legal status of the Parties to the conflict and shall have no effect on that status."

    The first part of this paragraph gave effect to the recommendation of the Red Cross Societies, and actually omitted the condition which the latter had contemplated. The second sentence embodied a wish expressed at the Conference of Government Experts. Its object was, first, to prevent the de jure Government from pleading non-recognition of its opponents as a reason for refusing to apply the Convention and, secondly, to prevent the other Party from basing a claim for recognition as a regular Government on the respect it had shown for the Convention.
    The draft text was the subject of lengthy discussion at the Stockholm Conference, at which Governments as well as Red Cross Societies were represented. In the end the Conference adopted the proposals of the International Committee of the Red Cross for the First and Second Conventions, and in the case of the Third and Fourth Conventions made the application of the Convention subject to the proviso that the adverse Party should also comply with it.
    It was in this form that the proposal came before the Diplomatic Conference of 1949.

    [p.32] 2. ' The discussions at the Diplomatic Conference of 1949 '

    From the very outset, divergences of view became apparent (7). A considerable number of delegations were opposed, if not to any and every provision in regard to civil war, at any rate to the unqualified application of the Convention to such conflicts. The principal criticisms of the Stockholm draft may be summed up as follows. It was said that it would cover all forms of insurrections, rebellion, and the break-up of States, and even plain brigandage. Attempts to protect individuals might well prove to be at the expense of the equally legitimate protection of the State. To compel the Government of a State in the throes of internal conflict to apply to such a conflict the whole of the provisions of a Convention expressly concluded to cover the case of war would mean giving its enemies, who might be no more than a handful of rebels or common brigands, the status of belligerents, and possibly even a certain degree of legal recognition. There was also a risk of ordinary criminals being encouraged to give themselves a semblance of organization as a pretext
    for claiming the benefit of the Convention, representing their crimes as "acts of war" in order to escape punishment for them. A rebel party, however small, would be entitled under the Convention to ask for the assistance and intervention of a Protecting Power. Moreover, it was asked, would not the de jure Government be compelled to release captured rebels as soon as order was re-established, since the application of the Convention would place them on the same footing as prisoners of war? Any such proposals giving insurgents a legal status, and consequently support, would hamper the Government in its measures of legitimate repression.
    The advocates of the Stockholm draft, on the other hand, regarded the proposed text as an act of courage. Insurgents, said some, are not all brigands. It sometimes happens in a civil war that those who are regarded as rebels are in actual fact patriots struggling for the independence and the dignity of their country. It was argued, moreover, that the behaviour of the insurgents in the field would show whether they were in fact mere felons, or, on the contrary, real combatants who deserved to receive protection under the Conventions, Again, it was pointed out that the inclusion of the reciprocity clause in all four Conventions would be sufficient to allay the apprehensions of the opponents of the Stockholm proposals. It was not possible to talk of "terrorism", "anarchy" or "disorder" in the case of rebels who [p.33] complied with humanitarian principles. Finally, the adoption of the Stockholm proposals would not in any way prevent a de jure Government from taking measures under its own laws for the repression of acts considered by it to be dangerous to the
    order and security of the State.
    Faced with such widely varying opinions, the Conference referred the study of the Article to a small Committee (8), the very first meeting of which produced a whole series of amendments and proposals. One amendment proposed the rejection ' en bloc ' of the Stockholm text. On the other hand there was one proposal in favour of accepting it as it stood. Between these two extremes there were six amendments which proposed limiting the application of the Conventions to conflicts which, though internal in character, exhibited the features of real war. The amendments in question suggested a number of alternative or cumulative conditions, which one or other of the Parties to the conflict must fulfil for the Convention to be applicable.
    A Working Party was instructed to prepare two successive drafts, which in their turn gave rise to new amendments. It seemed difficult to reach a majority in favour of any one solution.
    The French Delegation must be given the credit for ending the deadlock in the Committee. Reverting to an idea previously put forward by the Italian Delegation, the French Delegation suggested that in all cases of non-international conflict the principles of the Convention should alone be applicable, The following text was proposed:

    "In the case of armed conflict not of an international character occurring in the territory of one of the High Contracting Parties, each Party to the conflict shall apply the provisions of the Preamble to the Convention for the Protection of Civilian Persons in Time of War."

    The idea was a good one. But the suggested text had one defect. It referred to a draft Preamble which had not yet been adopted, and was, incidentally, never to be adopted (9). Moreover, the draft Preamble simply stated that certain things were prohibited. It alluded to principles, but did not define them.
    After discussion, a second Working Party was appointed with instructions to draw up a text containing a definition of the humanitarian [p.34] principles applicable, together with a minimum of mandatory rules. The definition was to be based on the principles of the Preamble which the International Committee of the Red Cross had itself proposed for all four Conventions, together with certain mandatory rules based on the draft Preamble to the Fourth (Civilians) Convention (10). The Working Party's draft, with certain minor modifications, was the text finally adopted. But it was not immediately accepted. Certain delegates still preferred the previous draft and the USSR Delegation proposed a new text which read as follows:

    "In the case of armed conflict not of an international character occurring in the territory of one of the States parties to the present Convention, each Party to the conflict shall apply all the provisions of the present Convention guaranteeing: - humane treatment for prisoners of war; - compliance with all established rules connected with the prisoners-of-war régime; - prohibition of all discriminatory treatment of prisoners of war practised on the basis of differences of race, colour, religion, sex, birth or fortune."

    The Soviet proposal was based on the same idea as the French proposal-namely, limitation of the provisions applicable, but differed from it in the method employed, preferring a general wording referring to certain provisions of the Convention.
    As no one text commanded a majority, the three proposals were put to the Joint Committee (11). The proposal of the second Working Party obtained a clear majority over the others. It was finally adopted, in the form in which it appears at the beginning of the commentary on this Article, at a plenary meeting of the Conference, though not without lengthy discussion (12).

    To borrow the phrase of one of the delegates, Article 3 is like a "Convention in miniature". It applies to non-international conflicts only, and will be the only Article applicable to them until such time as a special agreement between the Parties has brought into force between them all or part of the other provisions of the Convention. [p.35] It is very different from the original draft produced by the International Committee of the Red Cross, which provided for the application of the Conventions in their entirety. But the wording finally adopted was certainly the best amongst the various drafts prepared during the Conference. It has the merit of being simple and clear. It at least ensures the application of the rules of humanity which are recognized as essential by civilized nations and provides a legal basis for interventions by the International Committee of the Red Cross or any other impartial humanitarian organization -- interventions which in the past were all too often refused on the ground that they represented intolerable interference in the internal affairs of a State. This text has the additional advantage of being applicable automatically, without any condition in regard to reciprocity. Its observance does Hot depend upon preliminary discussions on the nature of the conflict or the particular clauses to be respected. It is true that it merely provides for the application of the principles of the Convention, but it defines those principles and in addition lays down certain rules for their application. Finally, it has the advantage of expressing, in each of the four Conventions, the common principle which governs them.

    1. ' Introductory sentence -- Field of application of the Article '

    A. ' Cases of armed conflict. ' What is meant by "armed conflict not of an international character"? The expression is so general, so vague, that many of the delegations feared that it might be taken to cover any act committed by force of arms -- any form of anarchy, rebellion, or even plain banditry. For example, if a handful of individuals were to rise in rebellion against the State and attack a police station, would that suffice to bring into being an armed conflict within the meaning of the Article? In order to reply to questions of this sort, it was suggested that the term "conflict" should be defined or -- and this would come to the same thing -- that a list should be given of a certain number of conditions on which the application of the Convention would depend. The idea was finally abandoned, and wisely so. Nevertheless, these different conditions, although in no way obligatory, constitute convenient criteria, and we therefore think it well to give a list drawn from the various amendments discussed; they are as follows (13):

    [p.36] (1) That the Party in revolt against the de jure Government possesses an
    organized military force, an authority responsible for its acts,
    acting within a determinate territory and having the means of
    respecting and ensuring respect for the Convention.

    (2) That the legal Government is obliged to have recourse to the regular
    military forces against insurgents organized as military and in
    possession of a part of the national territory.

    (3) (a) That the de jure Government has recognized the insurgents as
    belligerents; or
    (b) That it has claimed for itself the rights of a belligerent; or
    (c) That it has accorded the insurgents recognition as belligerents
    for the purposes only of the present Convention; or
    (d) That the dispute has been admitted to the agenda of the Security
    Council or the General Assembly of the United Nations as being a
    threat to international peace, a breach of the peace, or an act
    of aggression.

    (4) (a) That the insurgents have an organization purporting to have the
    characteristics of a State.
    (b) That the insurgent civil authority exercises de facto authority
    over the population within a determinate portion of the national
    (c) That the armed forces act under the direction of an organized
    authority and are prepared to observe the ordinary laws of war.
    (d) That the insurgent civil authority agrees to be bound by the
    provisions of the Convention.

    Does this mean that Article 3 is not applicable in cases where armed strife breaks out in a country, but does not fulfil any of the above conditions? We do not subscribe to this view. We think, on the contrary, that the scope of application of the Article must be as wide as possible. There can be no drawbacks in this, since the Article in its reduced form, contrary to what might be thought, does not in any way limit the right of a State to put down rebellion, nor does it increase in the slightest the authority of the rebel party. It merely demands respect for certain rules, which were already recognized as essential in all civilized countries, and embodied in the national legislation of the States in question, long before the Convention was signed. What Government would dare to claim before the world, in a case of civil disturbances which could justly be described as mere acts of banditry, that, Article 3 not being applicable, it was entitled to leave the wounded uncared for, to torture and mutilate prisoners and take hostages? No Government can
    object to observing, in its dealings [p.37] with enemies, whatever the nature of the conflict between it and them, a few essential rules which it in fact observes daily, under its own laws, when dealing with common criminals.
    Speaking generally, it must be recognized that the conflicts referred to in Article 3 are armed conflicts, with ' armed forces ' on either side engaged in ' hostilities ' -- conflicts, in short, which are in many respects similar to an international war, but take place within the confines of a single country.

    B. ' Obligations of the Parties. ' The words "each Party" mark a step forward in international law. Until recently it would have been considered impossible in law for an international Convention to bind a non-signatory Party -- a Party, moreover, which was not yet in existence and which need not even represent a legal entity capable of undertaking international obligations. It had not been thought possible to conclude an agreement without reciprocal undertakings and such undertakings would imply that the contracting parties were already in existence. As we have seen, however, the present Convention no longer includes a reciprocity clause. This great step forward cleared the way for the provisions of Article 3, although, it is true, it is offset by the fact that it is no longer the Convention as a whole which will be applicable, but only the provisions of Article 3 itself.
    The obligation resting on the Party to the conflict which represents established authority is not open to question. The mere fact of the legality of a Government involved in an internal conflict suffices to bind that Government as a Contracting Party to the Convention. On the other hand, what justification is there for the obligation on the adverse Party in revolt against the established authority? Doubts have been expressed on this subject. How could insurgents be legally bound by a Convention which they had not themselves signed? But if the responsible authority at their head exercises effective sovereignty, it is bound by the very fact that it claims to represent the country, or part of the country. The "authority" in question can only free itself from its obligations under the Convention by following the procedure for denunciation laid down in Article 142 (14).
    If an insurgent party applies Article 3, so much the better for the victims of the conflict. No one will complain, If it does not apply it, it will prove that those who regard its actions as mere acts of [p.38] anarchy or brigandage are right. As for the de jure Government, the effect on it of applying Article 3 cannot be in any way prejudicial; for no Government can possibly claim that it is ' entitled ' to make use of torture and other inhuman acts prohibited by the Convention, as a means of combating its enemies.
    Care has been taken to state, in Article 3, that the applicable provisions represent a compulsory minimum. The words "as a minimum" must be understood in that sense. At the same time they are an invitation to exceed that minimum. The time may come when, in accordance with the law of nations, the adversary may be bound by humanitarian obligations which go farther than the minimum requirement stated in Article 3. For instance, if one Party to a conflict is recognized by third parties as being a belligerent, that Party would then have to respect the Hague rules.

    2. ' Sub-paragraphs (1) and (2) -- Extent of the obligation '

    A. ' Sub-paragraph (1): Humane treatment. ' -- We find expressed here the fundamental principle underlying the four Geneva Conventions. It is most fortunate that it should have been set forth in this Article, in view of the decision to dispense with a Preamble.
    The value of the provision is not limited to the field dealt with in Article 3. Representing, as it does, the minimum which must be applied in the least determinate of conflicts, its terms must a fortiori be respected in the case of international conflicts proper, when all the provisions of the Convention are applicable. For "the greater obligation includes the lesser", as one might say.
    In view of the fact that four Conventions were being drawn up, each providing protection for a particular category of war victims, it might be thought that each Convention should merely have referred to the relevant category of victims. It was thought preferable, however, in view of the indivisible nature of the principle proclaimed, and its brevity, to enunciate it in its entirety and in an absolutely identical manner in all four Conventions. In this Commentary, we shall confine ourselves to points which more particularly concern the treatment of prisoners of war, who are covered by the Third Convention.
    Taken literally, the phrase "including members of armed forces who have laid down their arms" can be interpreted (in the French version) in one of two ways, depending on whether the words "who have laid down their arms" are taken as referring to "members" [p.39] or "armed forces". The discussions at the Conference brought out clearly that it is not necessary for an armed force as a whole to have laid down its arms for its members to be entitled to protection under this Article. The Convention refers to individuals and not to units of troops, and a man who has surrendered individually is entitled to the same humane treatment as he would receive if the whole army to which he belongs had capitulated. The important thing is that the man in question will be taking no further part in the fighting.
    We shall endeavour to explain later, when discussing Article 13, the sense in which "humane treatment" should be understood. The definition is not an easy one. On the other hand, there is less difficulty in enumerating things which are incompatible with humane treatment. That is the method followed in the Convention when it proclaims four absolute prohibitions. The wording adopted could not be more definite: "To this end, the following acts ' are and shall remain prohibited at any time and in any place whatsoever... " ' No possible loophole is left; there can be no excuse, no attenuating circumstances.
    Items (a) and (c) concern acts which world public opinion finds particularly revolting -- acts which were committed frequently during the Second World War. One may ask whether the list is a complete one. At one stage of the discussions, additions were considered -- with particular reference to the biological "experiments" carried out on detained persons. The idea was rightly abandoned, since biological experiments are among the acts covered by (a). Besides, it is always dangerous to try to go into too much detail -- especially in this domain. However great the care taken in drawing up a list of all the various forms of infliction, it would never be possible to catch up with the imagination of future torturers who wished to satisfy their bestial instincts; and the more specific and complete a list tries to be, the more restrictive it becomes. The form of wording adopted is flexible, and at the same time precise. The same is true of item (c).
    Items (b) (taking of hostages) and (d) (sentences and executions without a proper trial) prohibit practices which have in the past been fairly general in war-time. But although they were common practice, they are nevertheless shocking to the civilized mind. The taking of hostages is contrary to the modern idea of justice in that it is based on the principle of collective responsibility for crime and strikes at persons who are innocent of the crime which it is intended to prevent or punish.
    Sentences and executions without previous trial are by definition open to error. "Summary justice" may be effective on account of [p.40] the fear it arouses, but it adds too many innocent victims to all the other innocent victims of the conflict. All civilized nations surround the administration of justice with safeguards aimed at eliminating the possibility of judicial errors. The Convention has rightly proclaimed that it is essential to do this even in time of war. We must be very clear about one point; it is only "summary" justice which it is intended to prohibit. No sort of immunity is given to anyone under this provision. There is nothing in it to prevent a person presumed to be guilty from being arrested and so placed in a position where he can do no further harm; and it leaves intact the right of the State to prosecute, sentence and punish according to the law.
    As can be seen, Article 3 does not protect an insurgent who falls into the hands of the opposing side from prosecution in accordance with the law, even if he has committed no crime except that of carrying arms and fighting loyally. In such a case, however, once the fighting reaches a certain magnitude and the insurgent armed forces meet the criteria specified in Article 4. A.(2), the spirit of Article 3 certainly requires that members of the insurgent forces should not be treated as common criminals.
    Reprisals do not appear here in the list of prohibited acts. Does that mean that reprisals on prisoners of war, while formally prohibited under Article 13, are allowed in the case of non-international conflicts, Article 3 being the only Article which then applies? As we have seen, the acts referred to under items (a) to (d) are prohibited absolutely and permanently, no exception or excuse being tolerated. Consequently, any reprisal which entails one of these acts is prohibited, and so, speaking generally, is any reprisal incompatible with the "humane treatment" demanded unconditionally in the first clause of subparagraph (1).
    It should be noted that the acts prohibited in items (a) to (d) are also prohibited under other Articles of the Convention, in particular Articles 13, 16, 44, 45, 52 and 82-108.
    As already mentioned, Article 3 has an extremely wide field of application, embracing persons who do not take part in the hostilities as well as members of the armed forces who have laid down their arms or have been placed ' hors de combat. '
    All the persons referred to in Article 3 without distinction are entitled to humane treatment. Criteria which might be employed by an ill-intentioned Detaining Power as a basis for discrimination against one class of persons or another are enumerated in the provision, and their validity denied. Article 4 of the 1929 Convention had already banned all differences of treatment other than those based on "the [p.41] military rank, the state of physical or mental health, the professional abilities, or the sex of those who benefit from them".
    To the same end, Article 16 of the present Convention gives a list of similar criteria. Memories of the crimes perpetrated during the last World War led the authors of the 1949 Conventions to adopt this formula. It will be seen that the idea of nationality has not been included here, although it is mentioned in Article 16. That does not in any way mean that people of a given nationality may be treated in an arbitrary manner; everyone, whatever his nationality, is entitled to humane treatment. It would be the very denial of the spirit of the Geneva Conventions to avail oneself of the fact that the criterion of nationality had been set aside as a pretext for treating foreigners, in a civil war, in a manner incompatible with the requirements of humane treatment, for torturing them, or for leaving them to die of hunger. It was certainly not the intention of the Diplomatic Conference to allow this, and while from the judicial point of view, nationality may be held to be an aggravating or a mitigating circumstance, the same is not true in regard to humane
    treatment in the sense of this Article; in this case, nationality is one of the "other similar criteria".

    B. ' Sub-paragraph (2); Care of the wounded and sick ' (15). -- Article 3 here reaffirms, in generalized form, the fundamental principle underlying the original Geneva Convention of 1864. The clause, which is numbered separately, even though it is already included in the preceding provision, is concise and particularly forceful. It expresses a categorical obligation which cannot be restricted and needs no explanation.

    On various occasions, the International Committee of the Red Cross has offered its humanitarian services in time of civil war or international conflict alike, whenever it deemed such action necessary in behalf of victims. An offer of this kind does not constitute a precedent for subsequent cases. This paragraph is, however, more than a decorative provision; it has great moral and practical value, and the International Committee itself asked for nothing more. Article 3 in fact constitutes an adapted version of Article 9 of the Convention to the scale of this "Convention in miniature".
    [p.42] Although the International Committee of the Red Cross has been able to do a considerable amount of humanitarian work in certain civil wars, in others the doors have been closed against it, the mere offer of charitable services being regarded as an unfriendly act -- an attempt to interfere in the internal affairs of the State. Article 3 precludes any such inference, an impartial humanitarian organization now being entitled under the Convention to offer its services. The Parties to the conflict may, of course, decline the offer if they can do without it. But they can no longer look upon it as an unfriendly act, or resent the fact that the organization making the offer has tried to come to the aid of the victims of the conflict.
    It is obvious that outside help can only, and should only, be supplementary. It is for the Parties to the conflict to conform to Article 3 and ensure the observance of all its provisions.
    For offers of service to be legitimate and acceptable, they must come from an organization which is both ' humanitarian ' and ' impartial ', and the services offered and rendered must be ' humane ' and ' impartial ' also. The International Committee of the Red Cross is mentioned here for two reasons -- firstly on its own account, as an organization called upon, by its statutes and traditions, to intervene in cases of conflict, and, secondly, as an example of what is meant by a humanitarian and impartial organization (16).

    In the case of armed conflict not of an international character, and subject to what has been stated above regarding the recognition by third parties of a state of belligerence, the Parties to the conflict are legally only bound to observe Article 3, and may ignore all the other Articles. But each one of them is completely free -- and should be encouraged -- to apply all or part of the remaining Articles of the Convention. An internal conflict may, as it continues, become to all intents and purposes a real war. The situation of thousands of sufferers is then such that it is no longer enough for Article 3 to be respected. Surely the most practical step is not to negotiate special agreements in great detail, but simply to refer to the Convention as it stands, or at all events to certain of its provisions.
    The provision does not merely offer a convenient possibility, but makes an urgent request, points out a moral duty: "The Parties to the conflict should further endeavour..."
    [p.43] Is there no danger of the paragraph becoming inoperative as a result of the fear of increasing the power of the rebel party, which was so often expressed during the discussions? Will a de jure Government not be afraid that the conclusion of such agreements may increase the authority of those who have risen in revolt against it, by constituting an implicit recognition of the existence and belligerent status of the party concerned? It should be remembered that although the Government must endeavour to conclude such agreements, it is not expressly required to do so. It is also free to make the express stipulation that adherence to such an agreement in no way confers the status of a belligerent on the opposing party. Besides, in practice the conclusion of the agreements provided for in paragraph 3 will depend on circumstances. They will generally only be concluded because of an existing situation which neither of the parties can deny.
    Lastly, it must not be forgotten that this provision, like those which precede it, is governed by the last clause of the Article.

    This clause is essential. Without it Article 3 would probably never have been adopted. It meets the fear that the application of the Convention, even to a very limited extent, in cases of civil war may interfere with the de jure Government's suppression of the revolt by conferring belligerent status, and consequently increased authority and power, upon the adverse Party. The provision was first suggested at the Conference of Government Experts in 1947 (17) and was reintroduced in much the same words in all the succeeding draft Conventions. It makes it absolutely clear that the object of the clause is a purely humanitarian one, that it is in no way concerned with the internal affairs of States, and that it merely ensures respect for the few essential rules of humanity which all civilized nations consider as valid everywhere and in all circumstances.
    Consequently, the fact of applying Article 3 does not in itself constitute any recognition by the de jure Government that the adverse Party has authority of any kind; it does not limit in any way the Government's right to suppress a rebellion by all the means -- including arms -- provided by its own laws; nor does it in any way affect that Government's right to prosecute, try and sentence its adversaries, according to its own laws.
    [p.44] In the same way, the fact of the adverse Party applying the Article does not give it any right to any new international status, whatever it may be and whatever title it may give itself or claim (18).

    * (1) [(1) p.28] Twenty-five meetings were devoted to it. See F.
    SIORDET: ' The Geneva Conventions and Civil War.
    War. ' Supplement to the ' Revue internationale de la
    Croix-Rouge, ' Vol. III, Nos. 8, 9 and 11, Geneva, August,
    September and November 1950;

    (2) [(1) p.29] See ' Revue internationale de la Croix-Rouge, '
    December 15, 1919, pp. 1427 ff.;

    (3) [(2) p.29] Resolution No. XIV;

    (4) [(3) p.29] See the following documents of the XVIth
    International Red Cross Conference: Document No. 12
    ' (General Report of the International Committee of the
    Red Cross on its Activities from August 1934 to March
    1938) ', and Document No. 12bis ' (Supplementary Report by
    the International Committee on its Activities in
    Spain). ';

    (5) [(1) p.30] See ' Report on the Work of the Preliminary
    Conference of National Red Cross Societies for the Study
    of the Conventions and of various Problems relative to the
    Red Cross, ' pp. 14 ff. and 51;

    (6) [(1) p.31] See ' Report on the Work of the Conference of
    Government Experts, ' p. 8;

    (7) [(1) p.32] See ' Final Record of the Diplomatic Conference
    of Geneva of 1949, ' Vol. II-B, Article 2, pp. 9-15;

    (8) [(1) p.33] This was the Special Committee of the Joint
    Committee. The provision in question was discussed, first
    as Article 2, paragraph 4 (i.e. with the numbering it had
    in the Stockholm draft), and later as Article 2A. See
    ' Final Record of the Diplomatic Conference of Geneva of
    1949, ' Vol. II-B, pp. 40-48, 75-79, 82-84, 90, 93-95,

    (9) [(2) p.33] See above, p. 12 ff.;

    (10) [(1) p.34] See p. 14;

    (11) [(2) p.34] See ' Final Record of the Diplomatic Conference
    of Geneva of 1949, ' Vol. II-B, pp. 34-35;

    (12) [(3) p.34] Ibid., Article 2A, pp. 325-339;

    (13) [(1) p.35] See ' Final Record of the Diplomatic Conference
    of Geneva of 1949, ' Vol. II-B, p. 121;

    (14) [(1) p.37] Such denunciation would, in any case, have
    legal effect only if the denouncing authority was
    recognized internationally as the competent Government. It
    should also be noted that, under Article 142, denunciation
    does not take effect immediately;

    (15) [(1) p.41] Articles 29 to 32 of the Convention relate to
    the medical safeguards afforded to prisoners of war;

    (16) [(1) p.42] For further reference, see the commentary on
    Article 9 below;

    (17) [(1) p.43] See ' Report on the Work of the Conference of
    Government Experts, ' p. 9;

    (18) [(1) p.44] Since 1949, the International Committee of the
    Red Cross has several times had occasion to invoke Article
    3 in cases of various internal conflicts, and to offer its
    assistance to the combatants. This offer was often
    accepted and the International Committee was able to visit
    prisoners and detainees held by both sides, and to give
    assistance to them;


Content-Type: application/http; msgtype=response

WARC-Type: response

text:
News Archive

December 29, 2006

Winning research support is tough for faculty members in all disciplines -- and makes or breaks careers, especially at research universities. For those in the sciences, competition from many federal agencies has grown more intense in recent years, but there are still billions given out annually and even relatively junior professors can hope to land grants of significant size.

December 28, 2006

The president of Saint Peter's College, the Rev. James N. Loughran, died in an apparent fall at his campus home over the weekend, The Star-Ledger of Newark reported. Father Loughran, who had been president of the Jesuit institution in New Jersey since 1995, had also served as president of Loyola Marymount University, acting president of Brooklyn College, and interim president of Mount Saint Mary’s College during his long career.

December 28, 2006

At last year's annual meeting of the Modern Language Association, Elisabeth Ladenson found herself in discussion with a bus dispatcher while waiting for a shuttle. "You all have that look," the dispatcher told Ladenson, an associate professor of French at Columbia University.

December 28, 2006

U.S. study documents continued expansion of American higher education, with most growth in for-profit sector.

December 28, 2006

English and language professors consider how who they are affects their jobs -- and who gets hired for which positions.

December 28, 2006

National Science Board committee grapples with solutions for improving education and teaching in STEM fields.

December 28, 2006

A new student-run group offers help to students starting campaigns for "gender neutral" housing on campuses nationwide.

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software: Nutch 1.6 (CC)/CC WarcExport 1.0
isPartOf: CC-MAIN-2015-27
operator: CommonCrawl Admin
description: Wide crawl of the web for June 2015
publisher: CommonCrawl
format: WARC File Format 1.0
conformsTo: http://bibnum.bnf.fr/WARC/WARC_ISO_28500_version1_latestdraft.pdf


text:
A Plea for 'Close Learning'

July 11, 2013

What an exciting year for distance learning! Cutting-edge communication systems allowed colleges to escape the tired confines of face-to-face education. Bold new technologies made it possible for thousands of geographically dispersed students to enroll in world-class courses. Innovative assessment mechanisms let professors supervise their pupils remotely.

All this progress was good for business, too. Private entrepreneurs leapt at the chance to compete in the new distance learning marketplace, while Ivy League universities bustled to keep pace. True, a few naysayers fretted about declining student attention spans and low course-completion rates. But who could object to the expansively democratic goal of bringing first-rate education to more people than ever before? The new pedagogical tools promised to be not only more affordable than traditional classes, but also more effective at measuring student progress.

In the words of one prominent expert, the average distance learner "knows more of the subject, and knows it better, than the student who has covered the same ground in the classroom." Indeed, "the day is coming when the work done [via distance learning] will be greater in amount than that done in the class-rooms of our colleges." The future of education was finally here.

2012, right? Think again: 1885. The commentator quoted above was Yale classicist (and future University of Chicago President) William Rainey Harper, evaluating correspondence courses. That’s right: you’ve got (snail) mail.  Journalist Nicholas Carr has chronicled the recurrent boosterism about mass mediated education over the last century: the phonograph, instructional radio, televised lectures. All were heralded as transformative educational tools in their day. This should give us pause as we consider the latest iteration of distance learning: massive open online courses (MOOCs).

In response to the "MOOC Moment," skeptical faculty have begun questioning venture capitalists eager for new markets and legislators eager to dismantle public funding for American higher education. To their credit, some people pushing for MOOCs speak from laudably egalitarian impulses to provide access for disadvantaged students. But to what are they being given access? Are broadcast lectures and online discussions the sum of an education? Or is an education something more than "content" delivery?

To state the obvious: there’s a living, human element to education. We who cherish in-person instruction would benefit from a pithy phrase to defend and promote this millennia-tested practice. I propose that we begin calling it "close learning." "Close learning" evokes the laborious, time-consuming, and costly but irreplaceable proximity between teacher and student. "Close learning" exposes the stark deficiencies of mass distance learning such as MOOCs, and its haste to reduce dynamism, responsiveness, presence.

Techno-utopians seem surprised that "blended" or "flipped" classrooms – combining online media with in-person discussions – are more effective than their online-only counterparts, or that one-on-one tutoring strengthens the utility of MOOCs. In spite of all the hype about interactivity, "lecturing" a la MOOCs merely extends the cliché of the static, one-sided lecture hall, where distance learning begins after the first row.

The old-fashioned Socratic seminar is where we actually find interactive learning and open-ended inquiry.  In the close learning of the live seminar, spontaneity rules. Both students and teachers are always at a crossroads, collaboratively deciding where to go and where to stop, how to navigate and how to detour, and how to close the distance between a topic and the people discussing it. For the seminar to work, certain limits are required (most centrally, a limit in size).  But these finite limits enable the infinity of questioning that is close learning. MOOCs claim to abolish those limits, while they paradoxically reinstate them. Their naïve model assumes that there is always total transparency, that passively seeing (watching a lecture, or a virtual simulation) is learning.

A Columbia University neuroscientist, Stuart Firestein, recently published a polemical book titled Ignorance: How It Drives Science. Discouraged by students regurgitating his lectures without internalizing the complexity of scientific inquiry, Firestein created a seminar to which he invited his colleagues to discuss what they don’t know. As Firestein repeatedly emphasizes, it is informed ignorance, not information, that is the genuine "engine" of knowledge.  His seminar demonstrates that mere data transmission from teacher to student doesn’t produce deep learning. It’s the ability to interact, to think hard thoughts alongside other people.

In a seminar, a student can ask for clarification, and challenge a teacher; a teacher can shift course when spirits are flagging; a stray thought can spark a new insight. Isn’t this the kind of nonconformist "thinking outside the box" that business leaders adore? So why is there such a rush to freeze knowledge and distribute it in a frozen form? Even Coursera co-founder Andrew Ng concedes that the real value of a college education "isn’t just the content.... The real value is the interactions with professors and other, equally bright students."

The corporate world recognizes the virtues of proximity in its own human resource management. Witness, for example, Yahoo’s recent decision to eliminate telecommuting and require employees to be present in the office. CEO Marissa Mayer’s memo reads as a mini-manifesto for close learning:

"To become the absolute best place to work, communication and collaboration will be important, so we need to be working side-by-side. That is why it is critical that we are all present in our offices. Some of the best decisions and insights come from hallway and cafeteria discussions, meeting new people, and impromptu team meetings. Speed and quality are often sacrificed when we work from home. We need to be one Yahoo!, and that starts with physically being together."

Why do boards of directors still go through the effort of convening in person? Why, in spite of all the fantasies about “working from anywhere,” are “creative classes” still concentrating in proximity to one another: the entertainment industry in LA, information technology in the Bay Area, financial capital in New York City? The powerful and the wealthy are well aware that computers can accelerate the exchange of information, and facilitate low-level "training." But not the development of knowledge, much less wisdom.

Close learning transcends disciplines. In every field, students must incline towards their subjects: leaning into a sentence, to craft it most persuasively. Leaning into an archival document, to determine an uncertain provenance. Leaning into a musical score, to poise the body for performance. Leaning into a data set, to discern emerging patterns. Leaning into a laboratory instrument, to interpret what is viewed. MOOCs, in contrast, encourage students and faculty to lean back, not to cultivate the disciplined attention necessary to engage fully in a complex task. Low completion rates for MOOCs (hovering around 10 percent) speak for themselves.

A devotion to close learning should not be mistaken for an anti-technology stance. (Contrary to a common misperception, the original Luddites simply wanted machines that made high-quality goods, run by trained workers who were adequately compensated.)  I teach Shakespeare, supposedly one of the mustiest of topics. Yet my students navigate the vast resources of the Internet; evaluate recorded performances; wrestle with facsimiles of original publications; listen to pertinent podcasts; survey decades of scholarship in digitized form; circulate their drafts electronically; explore the cultural topography of early modern London; and contemplate the historical richness of the English language. Close learning is entirely compatible with engaging in meaningful conversations outside the classroom; faculty can correspond regularly with students via e-mail, and keep in close contact via all kinds of new media.  But this is all in service of close learning, and the payoff comes in the classroom.

Teachers have always employed "technology" – including the book, one of the most flexible and dynamic learning technologies ever created. But let’s not fixate upon technology for technology’s sake, or delude ourselves into thinking that better technology overcomes bad teaching.  At no stage of education does technology, no matter how novel, ever replace human attention. Close learning can’t be automated, or scaled up.

As retrograde as it might sound, gathering humans in a room with real time for dialogue still matters. As educators, we must remind ourselves – not to mention our boards, our alumni, our students, and those students’ parents – of the inescapable fact that our "product" is close learning.  This is why savvy parents have always invested in intensive human interaction for their children. (Tellingly, parents from Silicon Valley deliberately restrict their children’s access to electronic distractions, so that they might experience the free play of mind essential to human development.) What remains to be seen is whether we value this kind of close learning at all levels of education, enough to defend it, and fund it, for a wider circle of Americans – or whether we will continue to permit the circle to contract, excluding a genuinely transformative educational experience from those without means.

Scott L. Newstok teaches in the English department at Rhodes College.

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text:
Fall Semester 2013 Academic Calendars

Course Descriptions

Academic Schools, Departments, and Programs

Course Listing: PHYSICS 2

Fall 2013, South Bend

Information on this report reflects data as of the end of the day Sunday, November 10, 2013

Select another PHYS course | Select another department

	PHYS-P 222  PHYSICS 2 (5 CR)
        This class is part of the "Transfer Indiana" (transferIN) initiative.
        For additional information, link to HTTP://WWW.TRANSFERIN.NET
              17345          05:30P-06:45P   MW     NS 0063   Schimmrigk R                  32    8    0
                 Prereq  PHYS-P 221 and MATH-M 216
                 The Academic Centers for Excellence- Learning Center offers
                 tutoring for this course. For a schedule of available tutors,
                 stop by AI 122 or check online at: HTTPS://WWW.IUSB.EDU/TUTORING/LEARNINGCENTER.PHP
                 Discussion (DIS)
              17364          07:00P-07:50P   M      NS 0063   Schimmrigk R                  32    8    0
                 Laboratory (LAB)
         CLSD 17346          07:00P-09:00P   W      NS 0048   Schimmrigk R                  16    0    1
                 Lab Fee
              33685          05:30P-07:30P   R      NS 0048   Higginbotham R                16    8    0
                 Lab Fee

This page was generated by a script written by Ryan R. Varick.


text:
baby Minnetonka® fringe booties
full size
Product Details

Since 1946, this family-owned Minneapolis-based moccasin maker has been making expertly crafted fringed footwear for adults and little ones alike. This soft fringed moccasin has a lightweight, flexible sole and is the definition of casual cool (it's truly the original American shoe, as the folks at Minnetonka like to put it).

  • Suede leather.
  • Suede laces.
  • Unlined upper.
  • Padded cushion insole.
  • Import.
  • Online only.
Size & Fit Details
  • Please note that sizes are measured in months.

baby Minnetonka® fringe booties


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Play Online Bingo Games Today with No Deposit at Jet Bingo.

Super 7 (3 Reel)

Super 7’s is a 3 reel slot machine with 1 payline and a Progressive Jackpot. Players can play up to 3 coins

Min Coin Size = 25c and Max Coin Size = $5
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Any winning combinations

• This allows a player to win on any combination of the following symbols TRIPLE SEVEN or RED SEVEN or BLUE SEVEN
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Resulting in 9 coin payout on 3 coins played as per the pay table.

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The progressive Jackpot is paid out proportionally to the coins size bet; $5 being 100% of the jackpot. The jackpot is funded at a contribution rate of 0.84% of wagering. The starting value of the Jackpot is $10,000.

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The site will complete the game for the player. The next time he/she logs back into the game, the Account Balance will have changed to reflect the result (previous balance + win amount from the game).

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WARC-Truncated: length

text:
woman in rocker 2

Mid-State Juniata Alums
and Blair-Bedford Alumni Clubs
Juniata Football Tailgate Event
Juniata vs. Albright
October 1, 2005

Click here to view pictures of the event

Mid-State Juniata Alums were joined by the Blair-Bedford Alumni Club for a traditional football tailgate on Saturday, October 1st on South Lawn across from Knox Stadium. The weather was beautiful and there was plenty of food. It was a wonderful day of fun and camaraderie.

It was a great day to be at Juniata as the members of the Tangerine Bowl team from 50 years ago were on campus that weekend as well. President Kepple and three members of the Alumni Office staff stopped by to say hello. Ideas were shared about future events and we were happy to see some new faces. We even had a student join us!

If you are interested in helping organize an event, or if you have ideas for other alumni events in your area, please do not hesitate to email Bub Parker '91 in the alumni relations office at parkerm@juniata.edu.

If you want to reconnect with Juniata and your fellow alumni check out our Volunteer Opportunities and the upcoming events on the Calendar of Events schedule.

A special thanks to everyone who attended. If you attended, let us know what you thought of it by filling out our on-line Post Event Evaluation.


text:
See-Through Composter

See-Through Composter
Educational Insights  •  In Stock  •  89312
Have a question? Chat Live!
PreK & up. Children can explore decomposition, composting, life cycles, and environmental educational with ease. Three separate, aerated compartments enable children to view the entire decomposition process clearly and make side-by-side comparisons between different materials. Teacher guide included.


text:
Easy Install Wall Mount Prerinse Unit w/ 10-in Faucet

T&s Brass B-0133-ADF10 Add-On Faucet

MPN: B-0133-ADF10

Typically ships within 1 - 3 business days

(0 reviews)Write a Review
Retail Price: $640.00
$328.00 / Each

T&s Brass B-0133-ADF10 Description

SKU: 064-B0133ADF10

EasyInstall Pre-Rinse Unit, wall mount base, 8" centers, 44" flexible hose with overhead spring body and B-0107 spray valve, 18" riser, add-on faucet with 10" swing nozzle, lever handles, 1/2" NPT female inlets, EPAct2005 compliant

*The warranty will not be honored for residential or non-commercial use of any Commercial Equipment.

T&s Brass B-0133-ADF10 Specifications

PDF Spec Sheet
Manufacturer T&s Brass
Weight 12.00

People Who Viewed This Item Also Viewed


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30-in Storage Cabinet w/ Open Base, Shelves, Stainless

Perlick SC30-18 Spreader Plate

MPN: SC30-18

Extended Lead Time (14+ days)

(0 reviews)Write a Review
Retail Price: $1,465.00
$732.50 / Each

Perlick SC30-18 Description

SKU: 199-SC3018

Storage Cabinet, 30" (TS depth), embossed drainboard top, open cabinet base w/bottom & adjustable intermediate shelves, s/s top, front, shelves & legs, NSF

*The warranty will not be honored for residential or non-commercial use of any Commercial Equipment.

Perlick SC30-18 Specifications

Manufacturer Perlick
Weight 64.00


text:
Liquid Soul Experience LSEX

Liquid Soul Experience (LSEX) is a cornucopia of funky inter-galactic music incorporating rhythmic, global and eclectic sounds showcasing soul, jazz, fusion, roots reggae and dub, House and Afro-beat rhythms from a DJing perspective. LSEX features music from all these realms in a completely culturally conscious blend.

Every week "Live From Studio 5!" airs live performances in our studios of local bands of all different genres. Occasionally we interview national artists such as Wanda Jackson, Kid Koala and Dale Watson. "Live From Studio 5!" is a group effort hosted by Cher Dial, Casey Moo, Doug The Thug and Dew Glass with lots of help from others. You can listen to ANY of our previous shows at ANY time from ANYWHERE on the planet just by clicking here:

Louisiana Rhythms is hosted by 4 alternating hosts: Karl Smelker, Eric Mohring, Maurine McCort & Mick Novak. We feature music from Louisiana, especially southwest Louisiana. That means lots of Cajun, Zydeco, and Swamp Pop, old and new. We might also sneak in some second line from New Orleans or some blues from Baton Rouge, or who knows what.

A magazine show with music, guests and news from and about the Irish and Celtic communities in the Twin Cities and beyond. Our guests include musicians, writers, and  local and international personalities. We occasionally (some say "often") lapse into pure malarkey (exaggerated, meaningless or foolish talk, usually intended to deceive or poke fun).

With hosts David O'Sullivan and Siobhán Kierans.

Mondays 7:30pm - 8:00pm

Studio line: 612-341-0980

MinneCulture programs are part of KFAI's Legacy Project, which highlights Minnesota arts, culture, history and the environment. MinneCulture airs every Wednesday evening from 7:30 to 8pm.

Songs of Praise
Sunday 6:00 - 8:00 AM
Hosted by Minister Al B. Ware.

You are invited to tune in for some Gospel, a bit of Bible study along with words of encouragement and Great Songs of Praise.

We encourage you to send announcements of upcoming events IN ADVANCE to Songs Of Praise in care of KFAI Fresh Air Radio, 1808 Riverside Ave, Minneapolis, MN 55454.

Music. Culture. Lifestyle. Twin Cities to the world.

Cyn Collins spins punk, post-punk, indie-rock, psychedelic, garage, funk and more from near and far!

Enjoy roots based music every Wednesday morning from 10 a.m. til noon on Stone Soup! Hear everything from ambient styles to bluegrass to blues to folk to country to cajun and international music as well! All cheerfully offered in a relaxed format. Your weekly respite from the frenetic pace of our world!

*The Dakota Dave Hull Show* covers the broad spectrum of folk and roots music. Drawing on his own massive, eclectic CD and record collection, Dave - an acoustic guitarist, recording artist and producer of national reputation - plows the soil, plumbs the roots, and trims the branches of a variety of traditions: Anglo-Celtic, Appalachian, Brazilian, Caribbean, jazz, blues, and more.


text:
Re: [Public WebGL] How to set a canvas backing store to display units?

On 15/06/2012 15:21, Gregg Tavares (çç) wrote:

I'm not sure what your point is. Yes, the code could be written better to deal with exceptional cases but it will rarely hit those cases. Are you suggesting a change in the spec that would make code magically work?
My point is solely that the code is broken. I thought you were trying to change the spec. to make such code magically work.

The intent of the spec as written is

1) Give the developer exactly what they ask for. If they ask for 640x480 they get 640x480
I don't remember us ever discussing changing canvas width and height from css pixels and we certainly didn't do it. Therefore the developer has never been able to ask for a 640 x 480 device pixel canvas. I am only pointing this out. I do not think we should change the meaning of canvas width and height.

ÂÂÂ -Mark


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Minimalist Wood iPhone Stand. Handcrafted in the USA. Read more

Provo, UT Product Design
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This project's funding goal was not reached on April 9, 2014.

Minimalist Wood iPhone Stand. Handcrafted in the USA.

Provo, UT Product Design
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About this project

Who we are

FineGrain is Eric Rea, Levi Price, and Brian Rea. Eric and Brian are brothers from Canada, and Levi is from Idaho.

In November of last year, we launched the COBURNS iPad stands right here on Kickstarter. Since then, our inbox has been flooded with requests for a similar stand made for the iPhone. We've spent the last few months finalizing the perfect stand for the iPhone. We've taken design cues from our original COBURNS iPad stands and transformed them to make a stand for the iPhone that we know you are going to love.

Our objective behind The COBURN junior was simple: design a compact, versatile, and beautiful iPhone stand. Our focus was to create a minimal, clean look with an organic material that compliments the refined feel of the iPhone.

To pay homage to those who have come before us, we name every Fine Grain product after one of our ancestors surnames. For our product, we chose Coburn, which comes from Eric's family tree.

We've built hundreds of prototypes of the COBURN Jr. This has allowed us to zero in on the perfect dimensions for both functionality and design.

We found strong hardwoods to use for The COBURN junior. The lighter wood is cherry and the darker is walnut, both come from a local wood source.

Once cut to shape, they are chamfered to complement the iPhone, branded, and finished by hand.

All of the work that has gone into perfecting The COBURN junior has produced a beautiful, minimal stand for the iPhone.

It provides almost unlimited viewing angles for your iPhone in both portrait and landscape.

It is compact, stowable, and can go just about anywhere your iPhone does. Wood is softer than glass, so you don't have to worry about it scratching your iPhone, just make sure your iPhone is clean before you use them.

The COBURN junior comes in two different sizes to precisely fit your iPhone without a case (uncased) or with a case (cased). Our cased model will fit most cases except for really bulky Otterbox-like cases (if your case is thicker than .410" it will not fit)

Handcrafted in USA

We'll be making The COBURN junior right here in the Rocky Mountains. By backing this project, you're supporting local businesses since every step of this project is local. Manufacturing is all set up, and your COBURN junior will be delivered on time or early.

We've teamed up with a local master woodworking shop and have fine-tuned every detail of production. We will working together with them at their facilities to manufacture The COBRUN junior. We have already produced multiple test-runs to ensure that quality is consistent, even at high volumes. We have put plans in place to fulfill extremely high quantities on time as well. Production of The COBURN junior will start as soon as we've hit our funding goal.

Here is our production timeline:

  • April 8: Project officially ends
  • April 9: Material sourcing
  • April 15: All Backer surveys completed
  • April 16: Full-scale production
  • May 9: Production finished
  • May 10: Ship product to fulfillment warehouse
  • May 15: Rewards begin shipping to backers

During our last project we were able to send out frequent manufacturing updates. For this project we will be sending out even more updates with video, images, and everything else you'd want to see. We want you to be a part of the process!

Funding Goal

Our funding goal is $2,000. If we hit our goal we will be able to produce The COBURN junior in affordable quantities. Kickstarter has helped us launch multiple products (The Bowden)(The Coburns for iPad).

We're taking everything we learned from these experiences and applying it to The COBURN junior.

Join the FineGrain family and help us bring COBURN junior to life.

For press inquiries please contact

Press pack:

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Risks and challenges

We have launched two successful Kickstarter projects. We're very familiar with the challenges of design, production, shipping and communication.

In the last 6 months, we've made many versions of The COBURN junior. We've prototyped tons in our own shop as well as getting manufacturing input from a local master woodworker.

We have manufacturing all set up and awaiting our cue. There are always risks involved in manufacturing a physical product, but because of all the planning and experience we have invested into this project, the risks are minimal.

Learn about accountability on Kickstarter

Have a question? If the info above doesn't help, you can ask the project creator directly.

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    $15 reward

    81 backers

    You will receive one COBURN Jr for iPhone 5/5S including shipping anywhere in the US. You will choose the size (cased/uncased) and color (Cherry/Walnut) after the project ends.

    Estimated delivery:
    Ships anywhere in the world

Funding period

- (29 days)


text:
Kirkus Reviews QR Code
SWITCHED by Amanda Hocking

From the Trylle series, volume 1

by Amanda Hocking

Age Range: 14 & up

Pub Date: Jan. 24th, 2012
ISBN: 978-1-250-00631-8
Publisher: St. Martin's Griffin

Self-publishing phenom Hocking's first traditionally published outing will appeal to teen readers looking for a paranormal-romance fix.

Seventeen-year-old Wendy Everly has always been a misfit. Though raised in privilege, the mental and physical scars inflicted by her mother, coupled with her own sense of not belonging to the family and life she was born into, have left Wendy struggling to find her place in the world. Bouncing around from town to town, school to school, the only thing consistent in Wendy’s life is a penchant for trouble. But just before her 18th birthday, everything changes. Found by a handsome “tracker,” Wendy learns the truth about who and what she truly is and journeys “home” to the mother and the world she never knew existed. Vampire and werewolf lovers beware; this trilogy opener offers readers a new take on an unexpected breed of mystical beings. Readers who can suspend preconceived notions and open themselves up to this new interpretation are in for a midwinter version of a good beach read.

Details of Wendy's daily life tend to obscure the mounting tensions between good and evil, but there’s enough forbidden love and adventure to hook readers and leave them wanting more. (Paranormal romance. 14 & up)


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Nemer’s debut novel unfolds against the backdrop of the world wars and 1950s Europe.

An American couple decides to spend a year living in Brussels in 1958. Ben plans on doing scientific research at a university lab, while his wife, Charlotte, will be continuing her art studies. A slight mix-up on their first day in town brings them to the doorstep of a local figure known as the Countess, who becomes fast friends with the pair. Ostensibly, everything is fine with Ben and Charlotte’s marriage, but surgery has left Charlotte with the inability to have children. The issue, lurking just below the surface, is a touchy one for the couple. Charlotte’s regular visits with the Countess turn the unique woman into a confidante who reveals her somewhat mysterious past. The novel blends two distinct stories: that of Ben, Charlotte and their European adventures, told by way of an omniscient third-person narrator, and that of the Countess, told in her own voice, beginning with her unconventional family life and continuing to her teen years, when a World War I romance with a prince—who would go on to become the king of England—forever changed her life. A mystery lies at the intersection of these two stories. What connection do a possible poisoning, spies and a man who knocks Charlotte down on the sidewalk have to the Countess? Is the Countess correct in thinking that these shadowy men mean to isolate her in an attempt to prevent her from trying to claim what she feels is her rightful share of her royal family’s inheritance? Readers who prefer conclusive answers may be disappointed to find that, at novel’s end, all Ben and Charlotte have to go by are their own best guesses as to what’s behind the bizarre incidents. Despite this ambiguity, Nemer deftly weaves together the different story strands, with the Countess’ ill-fated royal love affair and Ben and Charlotte’s marital struggles convincingly intertwining.

A compelling novel that captures the feel of midcentury Europe, bringing it to life with complex, sympathetic characters.

Pub Date: Nov. 27th, 2012
ISBN: 978-1480262294
Page count: 372pp
Publisher: CreateSpace
Program: Kirkus Indie
Review Posted Online:
Kirkus Reviews Issue: May 1st, 2013

FictionATONEMENT by Ian McEwan
by Ian McEwan
FictionWHITE BLOOD by James Fleming
by James Fleming


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Kirkus Reviews QR Code

An Asthmatic Explores His Illness

by Tim Brookes

Pub Date: June 1st, 1994
ISBN: 0-8129-2182-8
Publisher: Times/Henry Holt

 A literate investigation of asthma from just about every conceivable angle. Brookes (Creative Writing and Media Criticism/Univ. of Vermont), an asthma sufferer since age 11, opens with an intense account of a 1991 attack that nearly ended his life. When doctors in five different medical fields could not answer his questions, he undertook his own inquiry into this chronic illness that kills more than 5,000 Americans yearly. Although he refers to his work as a ``possibly compulsive self-examination,'' Brookes is also a journalist who knows how to research a subject. He reads widely in the medical literature, he persuades a thoracic surgeon to let him watch an operation so that he can better understand the lungs, and he tags along with a mobile health unit in New York City as it treats asthmatic children in a welfare hotel. He also reports on his reluctant venture into homeopathic medicine and on a rather unsatisfactory consultation with a psychic. Progress reports on his own health are slipped in among engaging and informative essays on the various types of asthma, its possible causes, the range of treatments that have been offered (yoga, acupuncture, hypnotism, cockroach tea, to name only a few), patient compliance, doctor-patient relations, the cost of drugs, health insurance, and the experience of illness. One need not have asthma or even know someone with the disease to appreciate this free-ranging exploration of the subject, but certainly asthmatics and their families--possibly even their doctors--will be enlightened. However, aside from the fact that Brookes seems to be managing his condition quite well at the book's end, they will not find it particularly reassuring: Little is known about asthma, the author reminds us, and there are treatments, but no cure. Strong reporting, nicely balanced between the subjective and the objective.


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The June CFP CE quiz is now available in the Members Section!

As the 2013 tax preparation season wound to a close in April of this year, many investors discovered for the first time a costly new line item on their tax return: "Other Taxes" on Line 60 of their Form 1040, where they reported the new 3.8% "Medicare surtax" on net investment income that just took effect in the past year. While "only" a 3.8% rate, the new tax is significant for many types of investment income eligible for a preferential rate; after all, adding 3.8% to a 15% long-term capital gains rate is actually a 25.3% relative increase in tax burden!

Fortunately, the new 3.8% surtax on net investment income applies only to investment income, and not distribution from (or conversions of) retirement accounts like 401(k)s, 403(b)s, and IRAs. However, the reality is that because the tax only applies to investment income above certain income thresholds, it's possible for "non"-investment income like retirement distributions to cause the surtax on other investment income by pushing it over the line. The end result: even types of income not directly subject to the tax end out indirectly causing the 3.8% surtax after all!

Given this dynamic, investors whose investment income is in the "crossover zone" and straddles the income threshold - such that only a portion of their investment income is subject to the surtax - have a unique planning opportunity to shift income into other years where they do not face the crossover zone. In fact, there are even situations where it can pay to shift retirement distributions or conversions into a year where overall income is higher if it avoids the crossover zone (and of course, shifting income into years when income is lower is often also favorable). At a minimum, though, recognizing the crossover means acknowledging that the marginal tax rate may be higher than just the tax bracket alone, leading to additional tax planning opportunities but requiring more careful analysis as well!

Understanding the 3.8% Medicare Surtax on Net Investment Income

As a part of the Patient Protection and Affordable Care Act of 2010, the new IRC Section 1411 established a 3.8% Medicare surtax on investment income, first taking effect in 2013 and reported on the brand new Form 8960. (In addition, a separate 0.9% Medicare surtax on earned income also took effect last year.) The new 3.8% Medicare surtax applies only to “high income” individuals, defined as those having Adjusted Gross Income (AGI) in excess of $200,000 (for individuals; $250,000 for married couples). (For any expatriates, AGI is modified by adding back any foreign earned income exclusion.)

For affected high income individuals, the new 3.8% tax applies to “net investment income” which includes interest, dividends, rents, royalties, annuities, income from a passive activity, income from a business of trading in financial instruments or commodities, and any capital gain.  Any investment income from these categories can be reduced by deductible investment expenses properly allocable to those investments (and investment income is only subject to the 3.8% surtax to the extent it was taxable income in the first place, of course!). If the 3.8% surtax applies, it goes on top of any taxes already applicable to the income (e.g., interest is taxable at ordinary income rates plus 3.8%; capital gains are subject to capital gains rates plus 3.8%; qualified dividends are subject to qualified dividend rates plus 3.8%; etc.).

Notwithstanding the broad sweep of the new Medicare surtax to a wide range of “investment income”, the rules under IRC Section 1411 do explicitly exclude any income that is tax exempt in the first place (e.g., municipal bond interest, or the portion of capital gains on the sale of a primary residence that is excluded from income). In addition, the rules explicitly state under IRC Section 1411(c)(5) that any taxable distributions from any retirement accounts, including 401(k)s, 403(b)s, 457(b) plans, profit-sharing plans, IRAs, and Roth IRAs, as well as Roth conversions, will not be treated as “investment income” for the purposes of the 3.8% Medicare surtax.

The Medicare Tax Crossover Zone

Notwithstanding the fact that distributions from retirement accounts are not treated as “investment income” subject to the 3.8% Medicare surtax, the reality is that distributions from such accounts actually can cause the 3.8% surtax to indirectly apply anyway. An example will help to illustrate.

Medicare 3.8% Surtax Crossover ZoneAssume Betsy, a single taxpayer, has $175,000 of employment income (blue box income in the chart to the left) and $40,000 of capital gains (brown box investment income). Her Adjusted Gross Income (AGI) will be $215,000, and since she is over the $200,000 threshold for individuals (red line in chart) she will be subject to the 3.8% Medicare surtax on the last $15,000 of her capital gains (the portion of the brown box that is over the red line), as shown in the chart to the left. If Betsy recognizes any additional capital gains (making the brown box bigger), they will all fall on top above the threshold for the 3.8% Medicare surtax and thus also be subject to the tax.

Medicare 3.8% Surtax Crossover Zone With Additional IncomeHowever, if Betsy decides to complete a $10,000 Roth conversion from her existing IRA, her (blue box) ordinary income will grow larger (increasing to $185,000), which will push more of her (brown box) investment income across the threshold. The end is that even though the Roth conversion or IRA distribution itself is not treated as (brown box) investment income subject to the 3.8% Medicare surtax, it will push other already existing investment income over the line anyway, resulting in the Medicare surtax on the last $25,000 of capital gains!

This phenomenon – where non-investment income like IRA distributions can still trigger the 3.8% Medicare surtax on other investment income by pushing it up so it crosses over the line – will happen any time that some but not all investment income is across the Medicare surtax threshold. By contrast, scenarios where overall AGI is still too low to read the Medicare surtax threshold (as shown with Investor B, below) or where there is so much blue box income that all investment income is already over the line and subject to the 3.8% surtax, additional non-investment income like IRA distributions cannot trigger the tax. But anytime the red line does cut through the brown box, with some above the line and some below the line, the taxpayer is in the “crossover zone” and any income that makes the blue box bigger will force more of the brown box investment income to be subject to the tax (even though blue box income itself is not subject to the 3.8% surtax).

Scenarios Where Medicare 3.8% Surtax Crossover Zone Does Not Apply

Strategies To Manage The 3.8% Medicare Surtax Crossover Zone

From a planning perspective, situations where the crossover zone is in effect lead to a higher tax burden on both investment income itself (to which the surtax applies directly) and other non-investment income (which triggers the tax indirectly). Thus, for instance, an individual who thought they were in the 28% or 33% ordinary income tax brackets might find their marginal tax rate to be more like 31.8% or 36.8% due to the Medicare tax triggered in the crossover zone.

While the marginal tax rate impact is “only” 3.8%, this is still significant in situations where the timing of income can be controlled and managed. For instance, Roth conversions are best executed in years where the current tax rate will be lower than the future tax rate; if the reality is that the current tax year has an elevated marginal tax rate due to the crossover zone, this may be a less favorable year for a Roth conversion (all else being equal). Similarly, when choosing whether to contribute to a Roth IRA or a traditional IRA (and claim the tax deduction when the crossover zone applies for greater tax savings), or evaluating the timing IRA withdrawals for retirees, the impact of the crossover zone on the marginal tax rate may be a factor that makes it more appealing to shift income into one year or another.

Managing 3.8% Medicare Surtax Crossover Zone With Income ShiftingIn situations where income is more volatile, and the crossover zone may apply in some years but not others, the optimal planning strategy will generally be to try to shift income into the year that is not the crossover zone. For instance, with the chart to the right, the better outcome may actually be to shift income from the current year into next year, even though income is projected to be higher next year, because the current year includes the 3.8% surtax in the crossover zone and next year does not (and assuming the client has at least ~$25,000 of exemptions and deductions, will be in the 28% tax bracket either way). Of course, if income will be lower in a future year, the income shifting strategy may be all the more advantageous, saving both the difference in the tax brackets and the 3.8% surtax for crossover zone income that can be pushed down the road.

Notably, it’s important to remember that the crossover zone only applies in situations where net investment income is crossing over the threshold for the Medicare surtax… which also presumes that there is any net investment income in the first place. In situations where all investment income is sheltered – i.e., there is no brown box income – this strategy is a moot point. Nonetheless, for those who do have investment income, and it is in the crossover zone, it’s crucial to recognize taxable events from retirement accounts can trigger the 3.8% Medicare surtax, even though IRA distributions and Roth conversions are nominally excluded from the tax, and plan accordingly!

  • Traveling Tumbleweed

    Thank you for an outstanding article.
    My spouse has worked overseas for 10 years. Subsequently, his foreign employer does not have a 401K or similar plan. Although we do $13K/year in deductible IRAs (combined), we are at the point where our taxable investments sum is higher than our IRAs. The taxable investments are in index funds which are tax efficient. Any suggestions on how we can avoid the 3.8% surtax crossover zone? We hope to do some Roth conversions between ages 66-70, prior to tapping S.S.

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BJ's Absorb Another Loss and Won't Attend NBC
Alec Isaac greeted after homer

The Liberal Bee Jays officially failed to qualify for the NBC World Series Tuesday night.  The team had already determined to sit out the 80th year of the tournament before Tuesday night's game, but the night's proceedings also meant the BJ's wouldn't have qualified anyway.  The last place Dodge City A's beat the BJ's 7-3 at Brent Gould Field.  Liberal finishes their season outside of the NBC for the first time since 2007 when they were 22-24 in the Jayhawk.

Dodge City scored one in the first and one in the second against starter Robert Dugger.  Liberal tied it in the third when Alec Isaac hammered his sixth homer over the left field wall and Mike Rampone walked with the bases loaded.  The Bee Jays took a 3-2 lead in the fourth when Tanner Vandevere homered to left center for his second of the year.  DC tiekd it in the fifth and tacked on two in the eighth against reliever Zach Thompson and added two more in the ninth against reliever Chad Nack.

Dugger pitched six innings allowing three runs but just two earned runs in a no decision.  Dodge City out-hit the BJ's 14-7.  The BJ's committed three more errors making it 13 errors in their past three games.

Before the game JB Olson was named the team's Player of the Year.  He is 3-3 with a 2.85 ERA with 36 K's and 4 walks.  Nancy Parsons won the team's Fan Appreciation Award.

Liberal is 18-21 and 12-21 in the Jayhawk.  They have lost eight of their last 10 and four straight.  Dodge City is 18-22 and 10-22 in the Jayhawk.  The teams play their last regular season game Wednesday night at 7 at Dodge City's Cavalier Field on 1270 and

El Dorado beat Derby 13-11 in Derby.  Derby and El Dorado play in the first 16 play in round of the NBC World Series.  Wellington and Hays will play in the NBC's Championship Week.

Wellington 27-5

Hays 20-13

Derby 15-17

El Dorado 14-20

Liberal 12-21

Dodge City 10-22

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Comic Creator

Didier Comès

(11 December 1942 - 7 March, 2013, Belgium)  Belgium

Didier  Comès

Silence by Didier Comès

Didier Comès was born in the small Belgian town of Sourbrodt, near the German border. Since the town was occupied by the Germans during his birth, Comès was initially called Dieter Hermann Comès. After the Liberation, his name was changed to Didier. He took art courses in Malmédy, after which he began as an apprentice industrial designer at a textile factory in Verviers, where he worked from 1959 to 1969. In his spare time, he began to draw comics. He took his comic activities to a more professional level after meeting René Hausman and Paul Deliège. Comès's first professional comics were published in the children's supplement of Le Soir and included strips like 'Hermann', 'Sventebold' and 'Les Cheeses'.

Le Dieu Vivant by Didier Comes
Le Dieu Vivant

After a brief stint in Spirou, Didier Comès started his first big series in Pilote, called 'Ergün l'Errant', in 1973. The series was soon cancelled, but was revived in À Suivre under the name 'Le Maître des Ténèbres' in 1980. The series was continiued by Patrick Deubelbeiss and Benoît Peeters from 1987. In 1976 and 1977, Comès created the Pratt-inspired 'L'Ombre du Corbeau', a dark surrealistic tale about World War I in the Belgian edition of Tintin.

Eva by Didier Comès

In 1980s, he established himself as a master of so-called comic novels, such as 'Silence', 'La Belette' and 'Iris', that often deal with themes like witchcraft and mythology. He continued his work for À Suivre with 'Eva', 'L'Arbre-Coeur' and 'La Maison où Rêvent les Arbres'. Since 2000, Casterman has published his graphic novels 'Les Larmes du Tigre' (2000) and  'Dix de der' (2006). Didier Comès passed away in March 2013, at the age of 70.

Les Larmes du Tigre by Didier Comes
Les Larmes du Tigre

Last updated: 2013-03-07

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Sisco by Thomas Legrain

Thomas Legrain, the grandnephew of comics grandmaster Jijé, earned his degrees in History and Criminology. He always had a passion for drawing and it was in 2006 that he was contacted by Jean-Claude and Anges Bartoll to illustrate their comics trilogy 'Mortelle Riviera' (Glénat, 2006-2008) and the series 'L'Agence' (Casterman). He drew 'L'Agence' until the fourth book in 2009, and was succeeded by Frisco for a second cycle. In 2010, he started the detective series 'Sisco' with writer Benec at Le Lombard.

Sisco by Thomas Legrain

Last updated: 2014-06-15

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Artist Shigeru Mizuki

Available series in store category ”Comic books”

Shigeru Mizuki in the

“ Shigeru Mizuki is a Japanese mangaka, specialized in the Japanese horror genre yōkai and World War II themes. He was born Shigeru Mura in Sakaiminato in Tottori prefecture, the basis for his career was layed during his childhood, when he picked up drawing and listened to...“ [ Read more ]


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33 CFR 279.4 - Definitions.

§ 279.4 Definitions.
For the purposes of this regulation:
(a) Resource use objectives are clearly written statements, specific to a given project, which specify the attainable options for resource use as determined from study and analysis of resource capabilities and public needs (opportunities and problems).
(b) Natural resources are those elements, features, conditions, etc., of land and water that can be characterized as physiographic, biological and/or aesthetic.
(c) Public benefits are the tangible and intangible gains to society directly attributable to a water resource project that satisfy the expressed or observed needs of the public (i.e., individuals, groups, organizations and local, county, state and federal governmental agencies).
(d) Boundary plans are Division/District wide maps clearly delineating the limits of each regional recreation market area for one or more Civil Works water resource projects.

Title 33 published on 2014-07-01.

No entries appear in the Federal Register after this date, for 33 CFR Part 279.

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.

Statutes at Large
Public Laws


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33 U.S. Code § 854a - Service credit as deck officer or junior engineer for promotion purposes

For purposes of promotion which is now or may hereafter be authorized for officers appointed after June 30, 1922, there shall be counted in addition to active commissioned service, service as deck officer and junior engineer.

(Jan. 19, 1942, ch. 6, § 2,56 Stat. 6; June 3, 1948, ch. 390, § 22(a), formerly § 21(a),62 Stat. 300, renumbered § 22(a),Pub. L. 87–233, § 1(f),Sept. 14, 1961, 75 Stat. 506; Oct. 12, 1949, ch. 681, title V, § 531(b)(32),63 Stat. 839; June 21, 1955, ch. 172, § 3(a),69 Stat. 169.)

Provisions similar to this section are contained in section 3032 of this title.

1955—Act June 21, 1955, credited all service as deck officer and junior engineer.
1949—Act Oct. 12, 1949, repealed that part of second proviso of subsec. (b) relating to service credit as deck officer or junior engineer for pay, longevity pay, or retirement purposes.
1948—Act June 3, 1948, repealed subsecs. (a), (c), (d) and all of subsec. (b) except for second proviso which now comprises this section.
Effective Date of 1949 Amendment

Section 533(a) of act Oct. 12, 1949, provided that: “Except as provided in subsections (b) and (c) of this section, this Act [see Tables for classification] shall become effective on October 1, 1949, and no pay, allowances, or benefits provided herein shall accrue to any person for any period prior thereto.”

LII has no control over and does not endorse any external Internet site that contains links to or references LII.


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Other Publications | Reprints | Works in Progress and Working Papers

  • Using Data Analytics Tools to Supplement Traditional Research and Analysis in Forecasting Case Outcomes. U of Michigan Public Law & Legal Theory Research Paper No. 446; J. Legal Writing. Forthcoming.
    Full Text: SSRN
  • Co-author. Marijuana Law in a Nutshell. H. Bromberg, co-author. West, Forthcoming.

  • Impeccable Research A Concise Guide to Mastering Legal Research Skills. American Casebook Series. St. Paul, MN: West, 2010.
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  • "What is "Good Legal Writing" and Why Does it Matter?" Drexel L. Rev. 4, no. 2 (2012): 417-66.
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