Archive for February, 2012

“This Is My Home” An apartment that is mistaken for a vintage shop:

Full HD High Speed Movie – Eagleowl – Photron SA2

I will write again in a few days, but I will check in and post interesting stuff or funny stuff, if I can find it. Here is some satire:

In The Know Panel Analyzes Obama’s Furious, Profanity-Filled Rant At Nation

Don Hertzfeldt’s Rejected was nominated for an Academy Award. Here is more.

Born August 1, 1976 (age 35)
Fremont, California
Nationality American
Field Independent film, Animation
Training University of California, Santa Barbara
Works Billy’s Balloon, Rejected, Everything Will Be OK
Influenced by Stanley Kubrick, Monty Python, David Lynch, Edward Gorey, Buster Keaton
2001 Academy Award nominee
1998 Palme d’Or nominee: Cannes Film Festival
2007 Jury Prize in Short Filmmaking: Sundance Film Festival
winner of over 150 other film festival awards

Don Hertzfeldt @ Music Box (Chicago, IL)
Don Hertzfeldt @ Music Box (Chicago, IL)
Image by Leigh under Creative Commons on flickr.

Sea turtle nest sign (Boca raton, FL)

By Ianaré Sévi (Own work) [CC-BY-SA-3.0 (], via Wikimedia Commons

Elements of the Humane Scorecard

The 501 (c) (4) Humane Society Legislative Fund tracks Congressional voting on animal welfare issues, and publishes the results yearly in the Humane Scorecard. Monitored issues include:

1. Proposed banning of animal ‘crush’ videos depicting crushing, burning, impaling and torture of live animals; such videos are sold on the internet to users who enjoy watching them for sexual gratification.

2. Guns in Parks, the Coburn Amendment: A law now allows loaded guns in national parks and wildlife refuges.

3. ESA Rule repeal: This amendment failed, and has to do with the Endangered Species Act; in May of 2009, the Obama Administration rescinded Bush ESA rules.

4. Puppy Mills.

5. Horse Slaughter S. 727, concerning the transport, treatment and slaughter of horses for human consumption.

6. Truth in Fur Labeling was signed into law in 2010.

7. Antibiotics Overuse S 619, introduced by Senator Ted Kennedy, never signed into law, addresses reckless nontherapeutic antibiotic overuse in farm animals. Overuse is associated with unsanitary animal warehousing and diminished antibiotic effectiveness in humans.

8. Chimpanzees in research S. 3694, a bill to protect great apes from invasive research and associated inhumane warehousing.

United States President Barack Obama

The Obama Administration received a grade of C- on the Humane Scorecard in 2011.


…the Obama administration not only demonstrated that it has no problem with the fact that tens of thousands of pigs show up at slaughterhouses so injured, weak and sickened that they cannot walk, but also demonstrated that it thinks state laws protecting such animals should be overridden so that immobilized pigs can be forced to slaughter.


United States President Barack Obama general quotes on the environment here.

Former US House Speaker Newt Gingrich (Georgia)

Gingrich earned a 21 percent on the Humane Scorecard for the 103rd Congress, but did not have scores for subsequent sessions since the Speaker of the House typically does not vote. He did vote to allow sport hunting in the Mojave National Preserve, and to allow foreign aid dollars to be used to promote trophy hunting of elephants and other species. On the positive side, he cosponsored legislation to strengthen the Endangered Species Act, and when he was Speaker helped to prevent the weakening of endangered species protections. Gingrich is, so far, the only presidential candidate who has actively talked about the importance of the human-animal bond while on the campaign trail


Newt Gingrich quotes on the environment here.

Congressman Ron Paul (Texas)

Ron Paul’s voting record on animal welfare issues is consistently low and notable. Michael Markarian is the president of the Humane Society Legislative Fund. Regarding Ron Paul, Markarian summarizes:

He has voted to allow the slaughter of American horses for food exports, the killing of Yellowstone National Park bison, the trophy shooting of bears over piles of bait on federal lands, the commercial sale and slaughter of wild horses from public lands, the import of sport-hunted polar bear trophies, and the slaughter of downer livestock too sick or injured to walk on their own. He voted to block EPA from collecting data on factory farm emissions and voted against conservation legislation to protect rare cats and dogs, cranes, marine turtles, and sea otters. He was one of only a handful of lawmakers who opposed legislation to ban commerce in animal crush videos, to provide for pets in disaster planning, to ban the trade in dangerous primates as pets, to make dogfighting and cockfighting a felony, and to fund the enforcement of the federal animal fighting law.

More and source.

Ron Paul also takes a negative position on recycling.

Here are more Ron Paul quotes on the environment.

Former Massachusetts Governor Mitt Romney (California)

His term as Massachusetts governor from 2003 to 2007 was mixed, and Romney did not distinguish himself on animal issues. He appointed a raft of animal-unfriendly people to the state Fisheries and Wildlife Board, even though Massachusetts voters overwhelmingly passed a ballot measure calling for more balanced wildlife policy. He vetoed a bill that would have given students the right to choose alternatives to animal dissection in the classroom. He did, however, sign a number of animal protection bills into law, including measures to strengthen the animal cruelty and animal fighting laws and prevent a convicted animal abuser from getting the animal back.

Source and story about the Irish Setter.

Mitt Romney quotes on the environment here.

Former US Senator Rick Santorum (Pennsylvania)

Rick Santorum’s voting record reflects that he has sided with animal welfare more often than other contenders who have served in Congress. Again from Michael Markarian:

Of all the candidates who have served in Congress, Santorum was arguably the most active on animal protection issues. He earned a 60 percent on the Humane Scorecard for the 108th Congress, and an 80 percent for the 109th Congress. But more importantly, he was the lead sponsor of the Pet Animal Welfare Statute (PAWS)…


However, the League of Conservation Voters scores Rick Santorum at a 0%, indicating anti-environment votes in other areas. Here is more.

Jill Stein (Massachusetts) – Physician, progressive activist, author & ’02/10 Governor nominee.

Jill Stein takes the position that the environment is imperiled and that protections are necessary. Here are her quotes on the environment, including her goals. More here.

WE MISS YOU on Vimeo



Special Jury Award – Young Director Award 2011, Cannes
Best European Branded Short – Young Director Award 2011, Cannes
Best European Filmschool – Young Director Award 2011, Cannes
Best Filmschool Film – German Commercial Award 2011
1st Prize – Kurzundschön Film Festival 2011
Silver Award – Porsche Advertising Award 2011
Winner G-Technology Driven Creativity Competition 2011
Winner Saatchi & Saatchi – New German Directors Showcase 2011
Winner Caligari Award 2010

The Kentucky Supreme Court denied our Motion For Discretionary Review of the Frog Gravy legal case without opinion or comment. Here is a copy of the order:

11 02/15/2012 FINALITY: FL


This means we have reached the end of the road on the direct appeal in Kentucky and the published opinion by the Court of Appeals is the law of the case. The briefs filed by the parties will be available online at the Chase Law School in Kentucky at some point.

Documents in this case, including the briefs and the published opinion (pdf), are also available here:

The preliminary hearing is here:

The Grand Jury hearing is here:

The exculpatory labs are here:

The suppression hearing is here:

The first order denying suppression:

And the second, and the third:

Other documents:

What is the next step in this case?

There are three options right now:

1. Do nothing. The case no longer specifically impacts our day-to-day lives one way or the other. Fortunately, I am not on death row. The case will impact others in the future, because it is published and it sets precedent. One option is to do nothing.

2. Petition the United States Supreme Court for Certiorari, or review, of the decision. The issues are very specific in such a petition. Here is more information about Certiorari:

3. File a state habeas corpus petition alleging ineffective assistance of counsel. In Kentucky, this is called an 11.42 petition. Here is more information about that:

It will be interesting to see how this case will impact future cases.

This latest result is entirely consistent with the patterns and practices of the case so far, as evidenced by these documents.

Notes on the New Madrid Seismic Zone

Early this morning, USGS reported a 4.0 earthquake in Southeastern Missouri along the New Madrid seismic zone.

While Missouri, Kentucky and Tennessee are not areas that one usually associates with major earthquakes, The New Madrid, MO series of four quakes that occurred in December, 1811 and January, 1812, hold the recorded historical record for the most powerful earthquakes to hit the eastern United States.

The New Madrid seismic zone is active today, and holds potential for future large earthquakes:

In a report filed in November 2008, The U.S. Federal Emergency Management Agency warned that a serious earthquake in the New Madrid Seismic Zone could result in “the highest economic losses due to a natural disaster in the United States,” further predicting “widespread and catastrophic” damage across Alabama, Arkansas, Illinois, Indiana, Kansas, Kentucky, Mississippi, Missouri, Oklahoma, Texas, and particularly Tennessee, where a 7.7 magnitude quake or greater would cause damage to tens of thousands of structures affecting water distribution, transportation systems, and other vital infrastructure.[22] The earthquake is expected to also result in many thousands of fatalities, with more than 4,000 of the fatalities expected in Memphis alone.


More information from USGS.

NMSZ Expert Panel Report to NEPEC, April 16, 2011

Related images

New Madrid and Wabash seizmic zones-USGS

This map of the New Madrid and Wabash Valley seismic zones shows earthquakes as circles. Red circles indicate earthquakes that occurred from 1974 to 2002 with magnitudes larger than 2.5 located using modern instruments (University of Memphis). Green circles denote earthquakes that occurred prior to 1974 (USGS Professional Paper 1527). Larger earthquakes are represented by larger circles.

New Madrid quakes

Earthquakes recorded in the New Madrid seismic zone since 1974. Credit: USGS; Image: Wikimedia Commons

NMSZ Vergleich

Comparison of the earthquake spread of the San Andreas fault and the New Madrid Seismic Zone (NMSZ); Image: Wikimedia commons

Soil liquefaction

Soil liquefaction occurs when the spaces between soil particles become filled with water, causing soil to lose its strength and liquefy. The phenomenon is associated with earthquakes, because the shaking can cause rapid shifts in water pressure. Soil liquefaction occurred during the 2011 Christchurch earthquake and also in the 2011 Japan earthquake. Such an event remains a concern along the New Madrid seismic zone, due to its location along the Mississippi River flood plain. USGS states the concern as follows:

Venting of large quantities of water, sand, and mud as
a result of liquefaction could flood fields and roads and disrupt
agriculture for weeks to months.

Memphis is of particular concern:

The City of Memphis and the surrounding metropolitan
area of more than one million people would be severely
impacted. Memphis has an aging infrastructure, and many of
its large buildings, including unreinforced schools and fire and
police stations, would be particularly vulnerable when subjected
to severe ground shaking. Relatively few buildings were built
using building codes that have provisions for seismic-resistant


Here is a video from Japan showing soil liquefaction:

New Madrid Earthquake Marker
New Madrid Earthquake Marker

“Located at intersection of KY 94 and Fulton County Road 1282 near the Sassafras Ridge community.” Image by jimmywayne under Creative Commons on flickr.

note: I found it interesting to read the personal accounts of the historic New Madrid quake. Some mentioned reactions of the animals such as birds and farm animals. Can animals sense earthquakes? Here is an article.

Franz Klammer 1976 Olympic Gold Medal Run:

Warren Miller: Bloopers, Blunders & Bailouts:

Greater Boston Food Bank
Greater Boston Food Bank
image by Office of Governor Patrick under Creative Commons on flickr

Our town has an excellent food bank that is a multi-church and charity cooperative. To qualify for a food bank visit, one meets with a screening counselor, and provides income information and a social security card. The food bank allows two emergency visits per year, per household for folks in our category, but this may vary for others.

We have not visited the food bank in over a year. We were extremely grateful for the two visits that we did take, at a time when we were in need.

The food bank is a highly organized warehouse with industry-sized refrigerators and freezers. Behind a counter, a worker fills grocery bags with a variety of canned, boxed, dry bagged, bakery and frozen foods. When we visited, the worker filled enough bags to load a red Radio Flyer wagon, that we then wheeled to our vehicle. The canned goods included corn, black-eyed peas, greens, beans, spinach, tomatoes, juice, sloppy joe sauce and spaghetti sauce. The boxed goods included dried milk, instant potatoes and cereal. The bagged goods included rice and noodles. The bakery was a flat of muffins and some bread. The freezer goods included USDA stamped cuts of meat from the government, hamburger, and on one occasion, a large bag of lobster. The lobster came from a local restaurant.

On the way out of the food bank are perishables for the taking in shopping carts. When we were there, the carts had potatoes, tomatoes and lettuce. We picked up a few of each.

We were able to make some excellent meals from the food bank food. Later on, when we collected some money from scrapping, we made a financial donation back to the food bank. We continue to receive their newsletter. Other donations that we have made from dumpstering include donations of car seats and clothing for women and children to the battered women’s shelter, and donations of dishes and clothing to an area church that does mission work. Everything that we have salvaged and donated has been clean and in excellent condition.

Today on the rare occasion that we can donate to a food bank collection box, we try to donate cans with pull-top lids, because we remember a time when we had cans of banked food- but no way to open the cans.

Food banks are not required to register with the FDA as a food facility under the 2003 Food Terrorism Regulation Rule, which states:

In the event of a potential or actual bioterrorism incident or an outbreak of food-borne illness, facility registration information will help FDA to determine the location and source of the event and permit the agency to notify quickly facilities that may be affected.

Here is the statement about who does, and who does not, have to register. Please follow the link above for definitions:

This new regulation pertains only to facilities that manufacture/process, pack, or hold food, as defined in the regulation, for consumption in the U.S.


Food contact substances and pesticides are not “food” for purposes of the interim final rule. Thus, a facility that manufactures/processes, packs, or holds a food contact substance or a pesticide is not required to register with FDA.

Who must register?

The owner, operator, or agent in charge of a domestic or foreign facility that manufactures/processes, packs, or holds food for human or animal consumption in the U.S., or an individual authorized by one of them, must register that facility with FDA by December 12, 2003.


What types of facilities do not have to register?

Private residences of individuals, even though food may be manufactured/processed, packed, or held there.

Non-bottled water drinking water collection and distribution establishments and structures, such as municipal water systems.

Transport vehicles that hold food only in the usual course of their business as carriers.



A farm-operated roadside stand that sells food directly to consumers as its primary function would be exempt from registration as a retail food establishment.


Retail food establishments, such as groceries, delis, and roadside stands, that sell food directly to consumers as their primary function, meaning that annual sales directly to consumers are of greater dollar value than annual sales to other buyers. An establishment that manufactures/processes, packs, or holds food and whose primary function is to sell food directly to consumers, including food that the establishment manufactures/processes, from that establishment is a retail food establishment and is not required to register.

Nonprofit food establishments, which are charitable entities that meet the terms of § 501(c)(3) of the Internal Revenue Code and that prepare or serve food directly to the consumer or otherwise provide food or meals for consumption by humans or animals in the U.S. Central food banks, soup kitchens, and nonprofit food delivery services are examples of nonprofit food establishments.

Fishing vessels that harvest and transport fish. Such vessels may engage in practices such as heading, eviscerating, or freezing fish solely to prepare the fish for holding on board the vessel and remain exempt.

Facilities regulated exclusively and throughout the entire facility by the U.S. Department of Agriculture, that is, facilities handling only meat, poultry or egg products.

Question: Do you agree with the FDA registration rule, in terms of who should register and who should not?

Do you agree that municipal water should be exempt from registration?

Do you think that such a registration process is truly protective?

Our food bank does an excellent job of issuing a variety of nutritious foods, as if it has a dietitian involved. Should food banks have a voluntary or employed dietitian? If you work with a food bank, what are your policies and/or concerns?

cross posted at Firedoglake/MyFDL

3×3 (short film)

Posted: February 18, 2012 in film

Written by Masoninblue and cross posted here with permission.

I write to warn everyone that President Obama likely intends to start a war with Iran before the November election even though two days ago,

(a) Secretary of Defense, Leon Panetta, admitted that Iran is enriching uranium for peaceful purposes and not attempting to develop a nuclear weapon; and

(b) Chief of the Defense Intelligence Agency, Lieutenant General Ronald Burgess, admitted that Iran is unlikely to start a war on its own.

Jason Ditz at reports today,

Officials say Obama has been telling Israel he wants to “give sufficient time” to the current round of sanctions before starting the war, though they say that in the end the result will start be a war because Iran is “behaving like sanctions don’t matter.”

Ditz further reports that,

Obama advisers are now calling September or October the “sweet spot.”

For additional information on what I believe to be Obama’s complete capitulation to corporate America’s lust for unfettered access to Iranian oil and his decision to act in “lockstep” with Israel, allowing Netanyahu to drag us into an aggressive, unnecessary and illegal war with Iran in order to assure that he defangs the eventual Republican nominee for president and wins the November election, please listen to this 24-minute interview of David Bromwich by Scott Horton at

Also, please take a few minutes to read Bromwich’s article at the Huffington Post titled, Obama’s Drift Toward War In Iran.

Cross posted from my law blog.