Smart ForTwo hatchback (2014-2019) - Reliability & safety
Tough new testing means the Smart ForTwo four-star safety rating is comparable to older five-star cars
As Smart is owned by luxury brand Mercedes, we'd expect the Smart ForTwo to perform well in forthcoming Driver Power surveys, although this hasn't always been true for the brand in the past. Smart will hope the new car can turn around its fortunes and it certainly feels better built than the old model.
Safety has never been an issue with the Smart ForTwo and it performs better than you'd ever expect of a model so small, though, achieving a four star Euro NCAP safety rating. Mercedes has conducted its own tests to prove the Smart ForTwo – with its tough 'Tridion' safety cell and rear-mounted engine – can safely protect its passengers from a head-on collision with the much larger Mercedes S-Class.
Smart ForTwo reliability
This Smart ForTwo was too new to feature in our Driver Power 2016 survey for specific models and the brand itself didn't appear in the manufacturer rankings, either. This makes it a little difficult to make definite pronouncements about the car's long-term reliability. The Renault Twingo did appear in 67th place, however, with an encouraging 47th for reliability. Considering how much technology they share, that's a good sign.
Despite its impressive in-house safety tests, the Smart could only achieve a four-star rating when it was evaluated by Euro NCAP – it lost a star due to the absence of an automatic braking system. That meant the car could only score 56% in Euro NCAP's recently introduced safety assist category.
Meanwhile, it was 7% behind the Volkswagen up!'s 89% score for adult occupant protection, but matched it for child safety and was 10% better at protecting pedestrians. The 2014 test the Smart was subjected to is also much tougher than the 2011 test the up! faced, because Euro NCAP has made its procedures more stringent.
Safety features available on the Smart car include an optional forward collision warning system, which can sense an imminent impact and warn the driver to take emergency action, plus optional lane-keeping assistance and crosswind assistance (which helps prevent the car being buffeted by strong gusts of wind).
ForTwo hatchback


Glen Retief, Ph.D.
Faculty & Staff»Glen Retief
Department of English & Creative Writing
BA, University of Cape Town
MFA, University of Miami
PHD, Florida State University
Associate Professor of English & Creative Writing
Co-Department Head of English and Creative Writing
Director of the Writers Institute
Program Director of GO South Africa
retief@susqu.edu
Scholarly & Creative Works
Retief grew up in a South African game park during the apartheid era, but emigrated to the U.S. in 1994. His memoir, The Jack Bank (SMP, 2011) won a Lambda Literary Award and was selected as a Book of 2011 by the Africa Book Club.
Retief's essays and short stories have appeared in numerous publications and journals, including Virginia Quarterly Review; Puerto del Sol, Fugue; The Massachusetts Review; The Greensboro Review; New Contrast, South Africa's premier literary magazine; and Tribute, a South African mass market glossy magazine.
Occasionally he publishes newspaper columns and op-ed pieces in, among others, The Pittsburgh Post-Gazette, The Atlanta Journal-Constitution, The Tampa Bay Times, and The Harrisburg Patriot-News.
Retief mostly teaches creative nonfiction classes at Susquehanna University. Once every other year or so, he also takes students to his native South Africa to visit a rural, Xhosa seaside village and a Cape Town Muslim community, and to turn their experiences into travel essays.
Florida State University, Doctor of Philosophy in English, 2005
Major Area: History of the Novel
Minor Area: Postcolonial Literature
Dissertation: The Chameleon's Home Country, a collection of personal essays about art, literature, politics, apartheid and sexuality.
Dissertation Director: Mark Winegardner
Committee: Robert Olen Butler, Hunt Hawkins, Neil Jumonville
University of Miami, Master of Fine Arts in English, 1999
Major Area: Fiction
Thesis: novel
Thesis Director: Evelyn Mayersohn
University of Cape Town, Bachelor of Arts (Honors) in African Studies, 1992
Major: English Minor: Criminology
University of Cape Town, Bachelor of Arts in English, 1990
Major: English
Minor: Mathematics
CREATIVE WORK AND SCHOLARSHIP
Publications/Creative Nonfiction:
The Jack Bank. St. Martin's Press: New York. April 2011. Memoir.
Personal Essays:
"On the Virtues of New and Old Shoes." TriQuarterly (147). www.triquarterly.org/issues/issue-147/virtues-old-and-new-shoes
"48 Hours in the Susquehanna Valley." Susquehanna Life. Lewisburg, PA. Spring 2013.
"The Rival With a Thousand Faces." In: Ed: Paul Fahey. The Other Man. JMS Books: Glen Allen, VA. September 2013.
"Friendly Vitality: Diary of a Quaking FGC-er." Personal Essay/Satire. Audio. In: "The Quakers Are Coming: FGC Gathering, 2011." QuakerQuaker web site. August 4, 2011. < http://www.quakerquaker.org/profiles/blogs/the-quakers-are-coming-fgc-gathering-2011>
"Glen Retief Takes Creative Writing Students to South Africa." Personal Essay/Pedagogy–Audio. Radio Free AWP/InsideHigherEd.com. 2 Feb 2011. <http://www.insidehighered.com/audio/awp_audio/glen_retief_takes_american_creative_writing_students_to_africa>
"The Jack Bank." Virginia Quarterly Review (Spring 2008). Charlottesville, VA.
"The Karma of Violence." Hotel Amerika 7.1 (Fall 2008). Chicago, IL.
"Saudade." New Contrast 131&132 (Autumn 2006). Cape Town, South Africa. —–. Cold Mountain Review 37.1 (Fall 2008). Boone, NC.
"Intimacies: Reflections on sex, love and marriage." Fugue 28 (Winter 2004-05). Moscow, Idaho.
"Kitsch and the Art of Wildlife Painting." Massachusetts Review 44.4 (Winter 2003-2004). Amherst, Massachusetts.
"The Chameleon's Home Country." Puerto del Sol 37.2 (February 2002). Las Cruces, New Mexico.
Shorter Personal and Opinion Essays in Newspapers, Magazines, and Web Sites (selected):
"Charleston Killings Evoke Massacre in South Africa." 22 June 2015. Philadelphia Inquirer. http://www.philly.com/philly/blogs/thinktank/Charleston-killings-echo-massacre-in-S-Africa.html
"The Day Mandela Gave Me a Tongue-Lashing." 15 December 2013. Philadelphia Inquirer. http://mobile.philly.com/news/opinion?wss=/philly/opinion&id=235822231
"They Tried to Fix Me With Cricket Bats." Into the Light: A Series on Abuse and the Church. Rachel Held Evans. <http://rachelheldevans.com/blog/glen-retief-bullying-abuse> 16 March 2013.
"The Legacy of Brandon Bitner." Tampa Bay Times. 30 March 2013. <http://www.tampabay.com/news/perspective/the-legacy-of-brandon-bitner/2111807>
"Privacy Laws Shield Bullies." Atlanta Journal-Constitution. 23 January 2013. <http://blogs.ajc.com/get-schooled-blog/2013/01/23/privacy-laws-protect-bullies-should-we-consider-the-power-of-public-shame-to-stop-the-problem/>
"There's No Greater Threat to America's Children than Climate Change." Harrisburg Patriot-News. 2 January 2013. <http://www.pennlive.com/opinion/index.ssf/2013/01/op-ed_theres_no_greater_threat_to_americas_children_than_climate_change.html>
"Brandon Bitner's Story." Your Teen. 20 September 2012. <http://yourteenmag.com/2012/09/brandon-bitners-story-interview-with-mom/>
"Six Things Parents Can Learn From an Adult Survivor of Homophobic Bullying." 31 January 2012. <http://yourteenmag.com/2012/01/reflections-homophobic-bullying/>
"South Africans Brace for Possible Step Backward." Harrisburg Patriot-News. 22 January 2012. http://www.pennlive.com/editorials/index.ssf/2012/01/south_africans_brace_for_possi.html >
"Ex-gay versus Trans." St. Petersburg Times. August 14, 2011. <http://www.tampabay.com/news/perspective/ex-gay-versus-transgender/1185263>
"Seven Things I've Learned So Far." Writer's Digest. 19 April 2011. <http://www.writersdigest.com/editor-blogs/there-are-no-rules/memoir/7-things-ive-learned-so-far-by-glen-retief>
"On Being a Minority, Hazed." St. Petersburg Times. October 3, 2010. <http://www.tampabay.com/news/perspective/on-being-a-minority-hazed/1125348>
"Arizona Flirts With Apartheid." Pittsburgh Post-Gazette. August 1, 2010. < http://www.post-gazette.com/pg/10213/1076466-109.stm>
"Populist Backlash Related to the Economy." Harrisburg Patriot-News. August 22, 2010. <http://www.pennlive.com/editorials/index.ssf/2010/08/populist_backlash_is_related_t.html>
"Learning to Live With Pride." Harrisburg Patriot-News. July 26, 2009. <http://www.pennlive.com/editorials/index.ssf/2009/07/learning_to_live_with_pride_ti.html>
"Still a Long Way to the Dream." Harrisburg Patriot-News. November 16, 2008. "Reflections Upon Finding the Holy Grail." Inside Higher Ed. September 7, 2007. <http://www.insidehighered.com/blogs/the_education_of_oronte_churm/reflections_on_finding_the_holy_grail>
Publications/Fiction:
Short Stories:
"The Bottle in the Vegetable Garden." The Greensboro Review 77 (Spring 2005). Greensboro, North Carolina.
"A Few Simple Things." Mangrove 13 (2004). Miami, Florida.
"Angola's Mad Boer Witchdoctor." Donga 8. March 2003.
"The News About Bertus." High Grade 1 (Spring 2001). Golden, Colorado.
"The Castle." New Contrast 99 (1997). Cape Town, South Africa. New Contrast is the flagship South African literary journal whose list of contributors includes all of the top names in South African creative writing. —–. James White Review 14.3 (1997). Minneapolis, Minnesota.
"Comrades." Tribute (Sep 1998 and Oct 1998). Johannesburg, South Africa. —–. The Higginsville Reader. Spring 1999. Three Bridges, New Jersey.
Publications/Literary Criticism:
"Memoir Form and Ethics in the Age of the Oprah Book Club." Florida Review 35.2 (Winter 2010): 135-40.
"Homoeroticism and the Failure of African Nationalism in Ayi Kwi Armah's The Beautyful Ones." Research in African Literatures 40.3 (August 2009): 62-73.
"Heartfelt Horrors: Africa, racial difference and the quest for moral enlightenment in Conrad's Heart of Darkness and Rian Malan's My Traitor's Heart." Conradiana 36.3 (2004): 225-243.
"Imagism and Black South African Poetry: Mongane Wally Serote's Yakhal'inkomo." English Studies in Africa 42.2 (March 2000): 31-48.
Publications/Diversity Studies:
Policing the Perverts: an exploratory investigation of the nature and social impact of police action towards gay and bisexual men in South Africa. Research report, Institute of Criminology, U of Cape Town, 1993.
Essays and Papers:
"Keeping Sodom out of the Laager: State repression of homosexuality in apartheid South Africa." Defiant Desire: Gay and Lesbian Lives in South Africa. Ed. Mark Gevisser and Edwin Cameron. New York: Routledge, 1995. 99-111.
"Sexual stigma, sexual disempowerment and the development of a pragmatic AIDS education policy for children not in school." Cape Town : Institute of Criminology, University of Cape Town, 1992. Occasional Papers Series.
Published Interviews:
"Glen Retief: Featured Author." Interview with Rebecca DeSensi. Jelly Bucket. Winter 2012-13. Richmond, KY: Bluegrasss Writers Studio.
"GetPublished: An Open Book." Interview with Get It: Lowveld. August 2012. Print. Mbombela, Mpumlanga, South Africa, p. 86.
Interview with Charles Dyer. Conversations with Charlie Dyer. KNEWS: Palm Springs, CA. 19 September 2011. Radio. <http://podcasts.sixradiosites.com/knews/audio/kc091911.mp3>
"A Gay Childhood in Apartheid South Africa: The Jack Bank by Glen Retief." Spirit in Action. Northern Spirit Radio. Broadcast on 13 different NPR stations in Wisconsin. 27 Aug 2011. <http://www.northernspiritradio.org/index.asp?command=showinfo&showid=573557540960> Radio.
"Memoirist Glen Retief." Interview with Barbara DeMarco Barrett. Writers on Writing. KUCI-FM, Orange County, CA. 20 July 2011. http://writersonwriting.blogspot.com/2011/07/memoirist-glen-retief.html> Radio.
"Q and A with Glen Retief, Author of The Jack Bank." Interview with Barbara De Marco Barrett. Pen on Fire. 28 July 2011. <http://penonfire.blogspot.com/2011/07/q-witih-memoirist-glen-retief-author-of.html> Print/Web.
"Glen Retief: Coming of Age in South Africa." Interview with Nina Herzog. Lambda Literary. 13 May 2011. < http://www.lambdaliterary.org/features/05/13/glen-retief-south-african-childhood/> Print/Web.
"Travel Writing in South Africa." Interview with Mark Wallace. SmartTalk. WITF-Harrisburg. 12 May 2011. <http://video.pbs.org/video/1922819959/> Television.
"Glen Retief." Interview with Chris Hooker. WQSU-Selinsgrove. 4 May 2011. Radio. Interview with Erica Funk. Artscene. WVIA-Wilkes-Barre. 26 April 2011. <http://www.publicbroadcasting.net/wvia/.jukebox?action=viewMedia&mediaId=965557>
"Author to Speak About Growing Up Gay in South Africa." Interview with Elizabeth Haydu. Collegiate Times. 19 April 2011. Blacksburg, VA. Print/Web. <http://www.collegiatetimes.com/stories/17428/author-to-speak-about-growing-up-gay-in-south-africa>
"What Glen Retief Knows." Interview with Oronte Churm. Inside Higher Ed. 17 Feb 2011. <http://www.insidehighered.com/blogs/the_education_of_oronte_churm/what_glen_retief_knows> Print/Web.
Media Appearances/Reviews of The Jack Bank:
Rawls, Kristen. "Twelve Electrifying Memoirs or Biographies You Might Have Missed." Christian Science Monitor. Accessed 6 March 2013. <http://www.csmonitor.com/Books/2013/0110/12-electrifying-memoirs-and-biographies-you-might-have-missed/The-Jack-Bank-A-Memoir-of-a-South-African-Memoir-by-Glen-Retief>
Miami: The University of Miami magazine. "Write of Passage." Spring 2012.
Musiitwa, Daniel. "The Jack Bank: A Memoir of a South African Childhood." 1 October 2011. Africa Book Club. http://www.africabookclub.com/?p=5901 Web.
Bartkevicius, Jocelyn. Florida Review. Forthcoming. Book review: The Jack Bank. Print.
Fourth Genre. Forthcoming. Book review: The Jack Bank. Print.
Gladstone, Jim. "Travel Bound." Passport, August 2011. Print/web. New York, NY. Print/web. <http://www.passportmagazine.com/Travelbound/TravelBound0811.php?singlepage=yes>
Canning, Richard. "The Closet as an Extreme Sport." The Gay and Lesbian Review Worldwide 18.3 (May-June 2011): 37-39.
Odden, Karen. "Glen Retief: The Jack Bank: A Memoir of a South African Childhood." LoveBooksAZ. Web. 15 June 2011. < http://lovebooksaz.blogspot.com/2011/06/glen-retief-jack-bank-memoir-of-south.html>
Labonte, Richard. "Book Marks." Outlook: Columbus. 13 June 2011. Print/web. <http://outlookcolumbus.com/2011/06/book-marks-06-13-11/>
Duvernay, Denise. "The Jack Bank: Memoir of a South African Childhood, by Glen Retief. Book Review." More Book Reviews. 30 May 2011. Web. <http://morebookreviews.com/?p=13>
Gladstone, Jim. "The Jack Bank by Glen Retief." EDGE Publications. 9 May 2011. Print/web. <http://www.edgeboston.com/index.php?ch=entertainment&sc=books&sc2=reviews&sc3=biography&id=118682>
"The Jack Bank by Glen Retief." Band of Thebes. 27 April 2011. Web. <http://bandofthebes.typepad.com/bandofthebes/2011/04/the-jack-bank-by-glen-retief.html>
"The Jack Bank: Glen Retief. St. Martin's Press." Instinct. April 2011. Print. Hollywood, CA. p. 25 Lassen, Amos.
"The Jack Bank: A Memoir of a South African Childhood. Race, Sexuality, and Violence." Reviews by Amos Lassen. 18 April 2011. Web. <http://reviewsbyamoslassen.com/?p=5527>
"Book: The Jack Bank, by Glen Retief." Advocate.com. 16 April 2011. Web. <http://www.advocate.com/printArticle.aspx?id=196642>
Rochman, Hazel. "The Jack Bank: A Memoir of a South African Childhood. Retief, Glen (Author)." Booklist. Chicago, IL: American Library Association, 1 March 2011. Print.
"Nonfiction Review: The Jack Bank: A Memoir of a South African Childhood." Publishers Weekly. 21 February 2011. Print/Web. < http://www.publishersweekly.com/978-0-312-59093-2>
Violette, Richard J. "Retief, Glen. The Jack Bank: A Memoir of a South African Childhood." Library Journal. 1 February 2011. Print/web. <http://www.libraryjournal.com/lj/ljinprintcurrentissue/888566-403/social_sciences_reviews_february_1.html.csp>
"The Jack Bank." Kirkus Reviews. 15 January 2011. Print/Web. <http://www.kirkusreviews.com/book-reviews/non-fiction/glen-retief/jack-bank/#review>
Media Appearances/Miscellaneous (Selected):
"Lost and Found: Teen Tragedy Brings New Meaning to Professor's Memoir." Susquehanna Currents. Fall 2012. < http://www.susqu.edu/about/44728.asp?print=1>
"Author Receives Year-End Award." Williamsport Sun-Gazette. 3 June 2012. <http://www.sungazette.com/page/content.detail/id/579064/Author-receives–year-end-award.html?nav=5009 >
"Take a Stand Against Bullying: Susquehanna Professor Releases Memoir of his South African Childhood." Williamsport Sun-Gazette. 3 June 2012.
"SU Professor Launches Book At Credit Union." Daily Item. 25 April 2012. <http://dailyitem.com/0300_entertainment/x1344830110/SU-professor-launches-book-at-credit-union/print >
Hawbaker, Jenny Ruth. "All Roads Lead to Susquehanna." Susquehanna Currents (Fall 2011). 5-9.
"Word of the Day." Merriam-Webster. June 2, 2011. <http://www.merriam-webster.com/word-of-the-day/2011/06/02/ >
Gaffney, Larry. "Art and Activism: Motivating Students to Take a Stand." Susquehanna Currents (Spring 2010). < http://www.susqu.edu/about/33091.asp>
Kidd, Victoria & Tadros, Billie. "Travel Writing in South Africa: For one professor, it will be a homecoming." Susquehanna Currents (Summer 2009). <http://www.susqu.edu/about/29798.asp>
Conference Papers and Presentations:
"Genderfluidity in the creative writing workshop." Associated Writing Programs, Los Angeles, CA. 30 April-2 May 2016.
"Title IX mandatory reporting in the memoir classroom." Associated Writing Programs, Los Angeles, CA. 30 April-2 May 2016.
"Nurturing the Memoir of Political Witness," Associated Writing Programs, Minneapolis, MN. 11 April 2015.
"Terries, Tapeworms, and Tree Frogs, Oh My!" Symposium on Gender and Sexuality in Southern Africa, University of Pennsylvania, Philadelphia, PA. 6 November 6, 2014.
"Writing for America and Beyond," South African Book Fair, Cape Town, South Africa. 14 June 2014.
"I am Myself Through Others: Publication as Connection and Community." Keynote address. Danville, IL: College Student Literary Magazine Conference, 4 November 2011.
"Memoir Form and Ethics in the Age of the Oprah Book Club." Denver, CO: Associated Writing Programs, 10 April 2010.
"Leveraging the Ph.D. in Creative Writing to Gain the Best Possible Opportunities in the Academic Job Market." Denver, CO: Associated Writing Programs, 8 April 2010.
"Selecting Best Editors and Pieces for An Undergraduate Literary Journal." Chicago, IL: Associated Writing Programs conference, 13 February 2009. With SU students Sumerly Buccino and Silvana Alfonso.
"Kitsch and the Art of Wildlife Painting." Vermilion, SD: John R. Milton Writers Conference, 27 October 2007.
"Homoeroticism and the Failure of African Nationalism in Ayi Kwi Armah's The Beautyful Ones." Savannah, GA: British Commonwealth and Postcolonial Studies Conference, 17 February 2007.
Readings and Lectures/Off-Campus:
The Jack Bank. Goucher University Frontiers Visiting Author Series. October 10, 2012.
The Jack Bank. UU Book Club. Northumberland, PA. September 5, 2012.
The Jack Bank. Integrity Book Club. Memphis, TN. March 6, 2012.
"Common Myths About Bullying." Bullying Prevention Week Reading and Lecture. Lock Haven University, Lock Haven, PA. September 27, 2012.
Lambda Literary Award Reading. Bluestocking Books, New York City. May 11, 2012.
The Jack Bank: Selections. Cherry Alley Café, Lewisburg, PA. April 27, 2012.
The Jack Bank. Paperback Launch. Service 1st Federal Credit Union. Shamokin Dam, PA. April 26, 2012.
"Best Friends." Integrity Book Group Visiting Writers Series. Memphis, TN. March 10, 2012.
The Jack Bank. Clayton State University Visiting Writers Series. Atlanta, GA. February 16, 2011.
The Jack Bank. Eastern Kentucky University Masters in Fine Arts Visiting Writer Series. Lexington, KY. January 3, 2012.
The Jack Bank, Marble Collegiate Church. November 2. 2011.
The Jack Bank. Goucher College Visiting Writer Series. Towson, MD. October 11, 2011.
The Jack Bank. Warehouse Visiting Writer Series at Florida State University. Tallahassee, FL. September 13, 2011.
"The Weight of Elephants." Reading and Q and A. Barnes and Noble. Hartford, CT. August 4, 2011.
"Best Friends." Reading and Q and A. CampOut Annual Conference. Allentown, PA. July 15, 2011.
"Them and Me." Reading and Q and A. Friends General Conference/Quakerbooks Reading Series. Grinnell, IA. July 5, 2011.
"The Jack Bank." Reading and Q and A.
Wild Goose Festival: Spirituality. Justice. Music. Art. Raleigh, NC: June 25, 2011.
"A Man of Extraordinary Taste." Reading and Q and A. Wild Ibis Books Reading Series. Gainesville, FL: June 21, 2011.
"Them and Me." Reading and Q and A. EKU Crabbe Library. Richmond, KY. June 16, 2011.
"The Weight of Elephants." Reading and Q and A. Barnes and Noble. Columbus, OH. June 14, 2011.
"Them and Me." Reading and Q and A. Beth-El Synagogue Adult Education. Sunbury, PA. June 5, 2011.
"The Weight of Elephants." Reading and Q and A. Atomic Books Reading Series. Baltimore, MD. May 26, 2011.
"A Man of Extraordinary Taste." Reading and Q and A. With Peterson Toscano. William Penn House. Washington, DC. May 25, 2011.
"Them and Me." Midtown Scholar Reading Series. Sponsored by LGBT Community Center Coalition of Central PA. Harrisburg, PA. April 30, 2011.
The Jack Bank. Under the Radar: Virginia Tech Reading Series. Blacksburg, VA.: April 21, 2011.
"A sexual orientation non-discrimination clause in the post-apartheid Bill of Rights." Kvinnerettigheter og homotoleranse. Norges nye eksportvarer?, Skeivt Adademic Forum; Norwegian Foreign Ministry, Oslo, Norway. (March 9, 2010).
"Reflections on the Meaning of Pride." Unitarian Universalist Congregation of the Susquehanna Valley, Northumberland, PA. June 21, 2009.
"A Man of Extraordinary Taste." Ikon Discussion Forum on Theology and Literature, Belfast, Northern Ireland. May 27, 2009.
"Discoveries: Readings by Two Queer Quakers." Hartford Friends Meeting. October 11, 2008.
"Best Friends." PRISM of the Susquehanna Valley, Lewisburg, PA. September 26, 2008.
"The Jack Bank." Snyder County Arts Council, Selinsgrove, PA. May 2, 2008.
Readings and Lectures/On-Campus:
The Jack Bank. Lecture and Reading, Tom Bailey's Living Writers class, Spring 2012.
"Memory and Imagination in Memoir." SU Faculty Colloquium. March 26, 2012.
The Jack Bank. Susquehanna University Library Alumni Homecoming Reading. September 17, 2011.
"The Killer's Nephew." Writers' Institute Faculty Reading. Fall 2011.
"The Weight of Elephants." Reading. Writers' Institute Summer Camp. Summer 2011.
"The Castle." Faculty Reading. Writers Institute, Isaacs Hall. April 27, 2011.
"A Man of Extraordinary Taste." Writers' Institute Summer Camp. Summer 2010.
"The Jack Bank." Reading and Lecture. Silas Zobal's Literature and Culture class. Fall 2011. —. Tom Bailey's Literature and Culture Class. Fall 2009. —. Silas Zobal's Literature and Culture class. Fall 2009. —. Tom Bailey's Literature and Culture Class. Fall 2008.
"The book publishing process." Joe Scapellato's Editing and Publishing class. April 29, 2010.
"Writing as a Spiritual Practice," Writers Institute & others, Danville Retreat Center. April 18, 2010.
"Writing The Jack Bank." Arts, Humanities, and Communications School Luncheon Series. April 1, 2011.
"Them and Me." Writers' Institute Faculty Reading. Fall 2009. "Sexual Diversity in Residence Halls." Residence Life R.A. Training. Fall 2009.
"Truth in Memoir." Reading and Lecture. Gary Fincke's Memoir Class. Spring 2009.
"Tips for Making a Success of Your First Year at SU." Lecture. New Faculty Orientation. Fall 2008.
"Sexual Diversity in Residence Halls." Residence Life R.A. Training. Fall 2008.
"Silence in Daily Life." Lecture. Weber Meditation Chapel. Fall 2008.
"The Art of Memoir." Common Reading Faculty Discussion. Summer 2008.
"The Lions on the Basketball Courts." Reading. Writers' Institute Summer Camp. Summer 2008.
"Homophobia, Heterosexism, and the SU Mission Statement." Lecture. Gay Straight Alliance (GSA) Annual Colloquium. Spring 2008.
"Housework in South Africa." Community panel on housework across cultures, organized by Lynn Palermo. Spring 2008.
"Intimacies." Writers' Institute Faculty Reading. Fall 2007.
"HIV Prevention Strategies For a Liberal Arts College." Residence Life. Fall 2007.
"Should You Go to Graduate School?" Presentation to SU English and Creative Writing students. Fall 2007.
Unpublished Proposals:
Book Proposal:
Dreams Are Also Wounds: A Tribute to Breyten Breytenbach. With Carolyn Forché. Never published, due to difficulties obtaining copyright permissions.
Magazine Article Proposals (selected):
Desert Apartheid. A magazine article proposal about Arizona anti-immigrant laws, widely submitted to mainstream commercial magazines by Dystel and Goderich Literary Agency.
Sudden Death Playoff: The World Cup, Global Sex Tourism, and a Sub-Saharan Pandemic. A magazine article proposal about South Africa's AIDS epidemic and the World Cup, widely submitted to mainstream commercial magazines by Dystel and Goderich Literary Agency.
HONORS, AWARDS, AND GRANTS
July 2012. Faculty Research Assistance Award, Lutheran Colleges Consortium. For Tsafendas' Son: A Historical Novel.
June 2012. Lambda Literary Award for Gay Memoir/Biography. For The Jack Bank.
May 2012. Susquehanna University Teaching Award.
February 2012. Africa Book Club Book of 2011. For The Jack Bank.
2011. Israel Fishman Nonfiction Book Award of American Library Association (nomination). For The Jack Bank.
2011. Faculty Research Minigrant, Susquehanna University, for Tsafendas' Son: A Historical Novel
2009. Faculty Research Grant, Susquehanna University, for The Jack Bank: A Memoir.
2000-2003. Florida State University Fellowship, the university's highest award for graduate students.
2000. Associated Writing Programs Intro Journals Award for Creative Nonfiction for "The Chameleon's Home Country."
1999. Florida State University College Teaching fellowship and Arts and Sciences Merit award for incoming students.
1999. University of Miami Fiction Prize. 1999. University of Miami Academic Writing Prize.
1999. Nomination of short story "The Castle" for a Pushcart Prize.
1997-1999. James A. Michener Writing Fellowship.
Prior Teaching Experience:
Visiting Assistant Professor of English and Creative Writing, 2006-2007. Eastern Kentucky University, Richmond, Kentucky
Courses: Composition, World Literature Survey, Creative Nonfiction (graduate and undergraduate), Introduction to Creative Writing.
Committee Work: Social; MFA planning.
Responsibilities: effective teaching; publishing of creative writing and scholarship; university and other community service. Assisted with creating a new low-residency MFA program at Eastern Kentucky University, including: planning a reading series; setting tuition and course fees; marketing and outreach; clarifying entrance criteria, academic performance, and graduation requirements; facilitating productive relationships with other departments and arts organizations on campus. Took primary responsibility for developing an interdisciplinary course with Computer Science on videogame scriptwriting.
English teacher, 2003-2006. Academic Center, Miami Country Day School, Miami, Florida.
Courses: World Literature 10th grade, Language Arts Seminar 11th grade.
Responsibilities: Teach literature and writing to students who have strong IQ's, but who are diagnosed with a range of learning differences that required innovative and alternative modes of instruction
ESL instructor, 2002-2003 English Language Academy, Madrid, Spain
Teaching assistant, 1999 - 2002. Florida State University, Tallahassee, Florida.
Courses: Postcolonial Literature in English; Introduction to Fiction Technique; Article and Essay workshop; First Year Writing About Literature; First Year Composition and Rhetoric.
Teaching assistant, 1997-1999. University of Miami, Miami, Florida.
Courses: Introduction to Creative Writing; First Year Writing About Literature; First Year Composition and Rhetoric. Also worked in the university Writing Center.
English Instructor, 1994-1995 Housing Works Job Training Program, 594 Broadway, New York City.
Taught college-level writing and literature classes to formerly homeless adults living with AIDS and HIV.
High School Mathematics and English Instructor, 1993 Damelin College, Nelspruit, South Africa
Glen Retief's The Jack Bank: A Memoir of a South African Childhood (St. Martin's Press, April 2011) won a Lambda Literary Award and was selected as an Africa Book Club Book of 2011.
Glen has published more than a dozen short stories, memoirs, and travel essays in respected literary journals, including TriQuarterly, Virginia Quarterly Review, The Massachusetts Review, and the South African flagship journal New Contrast. He has also published more than twenty short personal essays in newspapers like The Philadelphia Inquirer, The Atlanta Journal-Constitution, and Inside Higher Ed.
WRIT-453: Advanced Literary Journalism
WRIT-453: Advanced Memoir/PE
ENGL-250: African Literature
WRIT-500: Independent Study
WRIT-353: Intermediate Memoir
WRIT-353: Intermediate Nonfiction
ENGL-540: Internship
WRIT-540: Internship
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OFFP-SAFRICA: Travel Writing in South Africa
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ENGL-100: Writing and Thinking


Manafort, Lobbying, and a Tale of Two Countries
By James Liska
On July 26th, 2017, federal agents executed a no-knock warrant on lobbyist Paul Manafort's suburban Washington apartment, seizing financial records and other material. A former campaign manager for Donald Trump, Manafort and colleague Richard Gates are charged with a bevy of federal crimes stemming from political work on behalf of Viktor Yanukovich, the disgraced former leader of Ukraine, and to a pro-Russian political party in Ukraine.
But why is this indictment significant? Not only is it another piece in the ongoing investigation of the Trump campaign by special counsel Robert S. Mueller, but the root cause of the indictment – violations of the United States' lobbying code – is impactful to the lobbying profession as a whole. To understand this, it's important to analyze the landscape of the lobbying profession in both Russia and the United States.
The concept of lobbying exists in both Russia and the United States, although they differ in several key ways. In both countries, lobbyists are individuals operating on behalf of another individual, a company, an industry, or a trade association who attempt to influence government action by meeting with policymakers and elected officials. In both countries, lobbyists are almost always ex-government employees with strong connections and an understanding of the decision-making process.
There are some differences, however, which can be attributed to the differences between the political systems of Russia and the United States. In an open, democratic political system like that of the U.S., lobbyists are often perceived as sources of information. This function is especially important to Congressional legislative staff members, who are often not issue-area experts and are expected to monitor multiple issues-areas at once. American lobbyists synthesize viewpoints and "boil down" information to provide the appropriate lawmakers with targeted information to maximize the outcome for the clients. These lobbyists usually work full-time, either in-house or at large firms, and persistently manage a caseload of regulations or issues.
Lobbying in Russia is more informal, and this informality is reflective of the country's business and political culture. According to Meduza special correspondent Taisiya Bekbulatova, the concept of lobbying in Russia is a blend of communications and regulatory advocacy, with "demand…especially high among foreign companies that need a guide in unfamiliar waters."
These lobbyists are usually hired only when needed, and not for ongoing work. According to Sergey Zverev, a former Kremlin official who now runs his own government relations firm, "seventy percent of [lobbying] is understanding how this or that decision-making institution functions and knowing its internal rules and understanding how its interdependencies are structured. And these internal mechanisms are changing constantly."1 Former Culture Ministry official Filip Gurov, who runs his own communications firm, says much of his work concerns knowing "what troubles are afflicting particular officials at any [given] time." Outside of communications or the regulatory arena, there also exists a culture of "fixers," or informal lobbyists who peddle influence – or perceived influence. For a price, these fixers can provide extralegal services such as bribing government officials or intimidating political or business rivals either through regulatory means, such as withholding construction permits, or through physical means such as police interrogations.
Another key difference is the legal aspect of the profession. In the United States, the profession is highly regulated: under the Lobbying Disclosure Act (PL 104-65), most political and legislative staff members – even paid interns – across all branches of government are known as "covered officials", and lobbyists wishing to advocate before these individuals in Congress, federal agencies, or other bodies within the executive branch have numerous regulatory compliance obligations including registration, disclosure of expenditures, and disclosure of issues discussed and clients.
Nondisclosure, misrepresentation, or falsification of data can lead to significant penalties including steep fines or incarceration. The most notorious lobbyist, Jack Abramoff,2 for example, was sentenced to six years in prison and millions of dollars in restitution for his key role in a massive fraud scheme in which he bilked Native American tribes of $66 million, much of which he used to bribe Members of Congress and their staff with gifts, travel, and entertainment. This scandal in turn spawned even tighter restrictions, such as the 2007 Honest Leadership and Open Government Act (PL 110-81). Both President Obama and President Trump have issued bans and restrictions on lobbyists serving in their administrations, with varying degrees of efficacy.
Russia, however, has no legal or regulatory concept of lobbying. According to Bekbulatova, nowhere in Russia's legal statutes does the concept of regulated professional advocacy appear.
Furthermore, there is also a provision in the United States Code that requires any lobbyist working on behalf of a foreign political or quasi-political entity – whether that be a foreign government, an individual, or organization – to make a public disclosure of said relationship. This provision, a result of the Foreign Agents Registration Act, was passed by Congress in 1938. However, this act is almost never enforced. According to a November 2017 Vox article by Lydia Dennett, FARA is "wildly underenforced." In another article, POLITICO columnist Ken Silverstein calls the law "a complete joke." Very few besides Manafort have been charged in connection with this law. Silverstein's article focuses on the shortcomings of FARA, which, according to him, allows lobbyists and political professionals to effectively work on behalf of foreign agents – potentially including Russian individuals covered by the Magnitsky Act – without any obligation to disclose. This sort of uncontrolled negotiation is much closer to the more informal Russian system of lobbying. Given the beneficiaries of Manafort's work, his actions are unsurprising, especially as there was no compelling legal reason for him to work "legitimately." Although FARA enforcement is weak, this does not mean it is a victimless crime – indeed, the actions of Manafort and his associates hurt the lobbying profession in several ways.
Firstly, it sullies a profession already tainted by scandal and public mistrust. Years of excess and numerous scandals have already produced a dismal public perception of the American lobbying profession, and another high-profile scandal – especially one tied to the investigation of a controversial president – would serve only to deepen public mistrust. In fact, professional lobbyist and current head of the National Institute for Lobbying and Ethics Paul A. Miller penned an article in August 2017 titled "Are Shadow Lobbyists Flynn and Manafort Today's Abramoff?", invoking the name of the lobbyist who arguably damaged the reputation of the lobbying profession forever.
But perhaps the most impactful consequence of this affair is the damage to the legitimate lobbyists looking to work with, and advocate for, Russian interests in the United States. The link between big-name lobbyists like Manafort, who was involved in work related to Russia and Eurasia, and Robert S. Mueller's investigation of the President's electoral campaign serves to encourage a popular perception that business dealings with Russia are suspect by nature.
San Francisco State University professor Andrei P. Tsygankov, who studies political and social dynamics, suggests one definition of Russophobia as "fear of Russia's political system, incompatible with the interests and values of the West, and the United States in particular." Given the Russian political system and the informal – and lawless – concept of lobbying, it's possible that Manafort's actions may actually encourage Russophobia by equating legitimate advocacy work on behalf of Russian companies and US companies with a culture of influence peddling and extralegal tactics. This fear of working or doing business with Russians, coupled with unlawful conduct from actors in both countries, would serve to further the lack of understanding between Russia and the United States and continue to sour relations between the two countries.
[1] Ibid
[2] Nota bene – Abramoff and a colleague received millions of dollars from a Russian lobbyist in 2005: https://web.archive.org/web/20060705195229/http://www.talkingpointsmemo.com/archives/007739.php
James Liska is a public policy and government affairs professional at The Washington Center for Internships and Academic Seminars. James holds a Bachelor's Degree in Russian Area Studies from Dickinson College in Carlisle, PA, and a Public Policy Certificate from the National Institute for Lobbying and Ethics in Fairfax, VA.
The Center on Global Interests does not take institutional positions. The views expressed in this article are the author's own and do not reflect those of the affiliated institutions or individuals.
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WHY MY FATA IN PAKISTAN IS KEY FOR PEACE
Habib Malik Orakzai on the tribal areas
By Hubertus Hoffmann
Habib Malik Orakzai is the Founder and Chairman of Mutahidda Qabail Party (MQP), the first political party to represent and serve the tribal people of the Federally Administered Tribal Areas (FATA) in Pakistan next to Afghanistan. He is President of Pakistan's International Human Rights Organization (PIHRO) and is also a member of the Advisory Board of the World Security Network Foundation (WSN). In his discussion with Dr. Hubertus Hoffmann, Founder of GLOBALO, he explores the current situation of the Federally Administered Tribal Areas (FATA).
Hubertus Hoffmann: How dangerous is the situation now in Pakistan's tribal areas (FATA)?
Habib Malik Orakzai: Pakistan's Federally Administered Tribal Areas (FATA) had been peaceful before 9/11. The ongoing insurgency is not a local phenomenon; rather things have spilled over into Pakistan from across its Western borders where American and Allied Forces have drastically failed from 2001 to 2015 in achieving many of their stated targets.
NATO and America had launched many military operations without informing Pakistani authorities and this has resulted in foreign militants being pushed into Pakistani areas. Youths in the area are quick to join the militants, which is one of the main reasons that FATA is underdeveloped. The region possesses scarce social services and virtually no job opportunities, despite the territory having vast potential for development, particularly in the mineral sector.
For immediate and long-term peace and development in the region, dialogue should precede military action. The national strategy about the "War on Terror" itself needs a review and the development potential of FATA needs to be exploited. Today, FATA is being labelled as a cause and centre of militancy by many, not only in Pakistan but also in the entire region.
While the Afghan government and the international community are blaming Pakistan for providing a safe haven to militants in its tribal belt, the government of Pakistan believes that the growing number of suicide attacks and other violent incidents have their roots in this area. While the international community and global media are describing FATA as the cause of instability in the region, most people in the country, and even outside believe otherwise. That is, it is basically the consequence of the presence of foreign forces in Afghanistan.
HH: What do the people in FATA need most?
HMO: The population of FATA is 7 million and the most important thing is to understand the entire situation properly. Seeing FATA in isolation and not in the context of the Afghan war would not lead us to the right conclusions. One has to have a comprehensive approach; FATA is not to be separated from the big picture, as doing so will only lead to superficial results. A comprehensive approach means addressing the problem regionally with the aim of resolving this problem in Afghanistan, FATA and the rest of Pakistan.
Democracy and institutions need to be strengthened and encouraged and political solutions have to be found. For FATA, the most important step is to bring the area into national mainstream. Administrative and political problems of FATA need to be resolved; particularly the colonial system of administration needs to be reorganized.
Substantial socioeconomic developments are needed at this time. A Sustainable Development Plan needs to be supported. Education has to become the top priority, and the deficiency of teachers must be dealt with immediately. Job opportunities for the youth of the area should be created. The potential of mineral sector awaits exploration.
Military operations should be launched against specific targets but only on the information of credible intelligence sources in order to avoid collateral damage and alienating the people. Air strikes/drone attacks are not favored at all, whether from outside or within the country, as these only alienate the people and cause tremendous damage.
Dialogue needs to be encouraged. Tribesmen should be taken on-board as their support is required. Talks should also be held with the militants in a meaningful manner. In this connection, Pakistan needs to take independent decisions and resist pressure from outside.
HH: How important is education for the young people?
HMO: Education is of great importance and it plays a pivotal role in development. The young generation is our future. Hence, it is our duty to provide them with quality education. The main reason behind the situation in FATA is lack of education; so you can understand the importance of education.
I would like to take this opportunity to thank the World Security Network (WSN) for offering scholarships to the young students from FATA. However, I would like to request donors and other organizations to provide special scholarships to the talented students from FATA.
HH: Please tell us about your new FATA party, what are your aims and how can one reach it?
HMO: Mutahidda Qabail Party (MQP) is a newly launched party struggling for the fundamental and political rights of the residents of FATA, who have been deprived since Pakistan came into being. The party was launched in order to initiate the struggle for:
– The restoration of peace in Tribal Areas
– Attainment of basic human rights of tribesmen and tribeswomen
– Economic & social development of the area
– Extension of laws to FATA
– Declare FATA as a separate province in Pakistan.
Since the inception of the country, successive governments have never bothered to give due rights to tribesmen. The huge funds allocated for the uplift of Fata have also not been spent on development of the neglected areas.
Being the first political party for the people of FATA, we have been welcomed by the locality and they are joining our party. I am sure that in the next election MQP will play its role for the people of tribal areas and win victory over corrupt and selfish parliamentarians.
HH: What can the U.S., Europe or the Islamic World do to help and improve the situation in FATA?
HMO: The international community should give proper attention to the tribal areas of Pakistan. Development projects should be started with immediate effect, and locality should inform the development process. Special focus should be given to education and institutions should be constructed at the agency level. Employment opportunities should be provided to the residents of tribal areas of Pakistan on an equal basis.
Hubertus Hoffmann
Founder Globalo.com, www.worldsecuritynetwork.com and www.codesoftolerance.com Serial-founder of internet companies, including sueddeutsche.de, sport1.com, inventor of the first internet TV Xelos@media with Loewe AG. Long-time journalist in The White House Press Corps, editorial board of ZDF TV and media manager in radio, new media.
One of the most difficult things is not to change society, but to change yourself.
WHO ARE HILLARY'S 4 FASHION DESIGNERS?
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Somali Refugee Growth Poses Challenges for Yemen
Continuing strife in Somalia between Islamist groups has spurred more than 110,000 civilians to seek asylum in neighboring countries in the past year. The U.N. High Commissioner for Refugees (UNHCR), which provided the figures, says that half that number has flocked to already overburdened camps in Kenya. 22,000 more have gone to Ethiopia, and 32,000 have made their way north by sea across the Gulf of Aden to Yemen.
Yemeni officials have recently stepped up attacks on suspected al-Qaeda extremists, and are said to be concerned about the possible recruitment of new arrivals. In Washington, UNHCR Senior Media Director Tim Irwin says he understands Sanaa officials' role in protecting their borders. But he notes that Yemen shows little evidence of providing fertile ground for the recruitment of Somali terrorists.
Growing numbers of Somalis seeking asylum are crossing the Gulf of Aden and heading for Yemen
"The majority of refugees in any refugee situation are women and children, and I don't think that there's any evidence that these individuals are travelling to Yemen for any other reason than to escape the violence of their homeland. What they find in Yemen may not be a new prosperous life. But it is a safe life, where their lives are not in danger, and I think that's what attracts continuing numbers of Somalis away from their very fractured country," said Irwin.
The overcrowded Dadaab camp in northern Kenya continues to draw residents fleeing fighting in southern Somalia between the al-Shabab insurgency group and its Islamist rivals. But Irwin says those successfully fleeing north across the perilous Gulf of Aden find a different, less confining lifestyle.
"The majority of Somali refugees in Yemen don't live in camps. There aren't any official UNHCR-run or Yemeni government-run refugee camps. The people are able to move as they want, so they can live in the cities, as many of them do. And of course, there are going to be these improvised settlements, where you're going to see Somali refugees living. But I think we haven't seen any evidence that individuals are being radicalized. And I think we're grateful to the government of Yemen for continuing to accept these Somali refugees, who have fled because they face great dangers at home," he said.
Nigerian airline bomber Umar Farouk Abdulmutallab, who unsuccessfully tried to blow up an American plane over Detroit, Michigan on Christmas Day, has admitted having ties to al-Qaeda terrorists based in Yemen. The disclosure, as well as a recent campaign against Islamist fighters in Yemen by government authorities, reportedly aided by U.S. intelligence, have brought added media attention to Yemeni efforts at fighting terrorism.
UNHCR spokesman Irwin says the heightened alert only reinforces a determination by host country officials to monitor new arrivals carefully to ascertain their rights and guarantees of asylum.
"When we have these kinds of security incidents, it's perfectly understandable that governments around the world would look to tightening control of their borders and to ensuring that radicalized individuals don't enter their countries, and we would absolutely support that. What we would say, though, is that when you look at the movement of people away from violent and insecure situations, the vast majority of them are genuine refugees with genuine protection concerns. And the only way they can have those concerns heard is if they are able to enter a country, seek asylum, and then go through the national asylum procedures, which then determine whether or not they are genuine refugees," he said.
Arrivals of African refugees in Yemen last year, mostly from Somalia and Ethiopia, doubled over 2008 to an estimated 74,000. Rather than signaling increasing alarm among Yemeni officials about potential levels of Islamist radicalization, UNHCR's Tim Irwin suggests that authorities should acknowledge the heightened insecurity and conflict in the region as they go about solving the ongoing crises that continue to challenge their populations.
"The country (Somalia) is being affected by a drought. But primarily, and we only need to look at what's going on on the ground, be it in the capital of Mogadishu or other parts of the country, where you've got rival militias fighting one another, and with innocent civilians caught in the middle. I think you can very clearly see a link between escalating violence and insecurity in Somalia and increased arrivals of asylum-seekers in the region," he observed.
Interview with UNHCR Senior Media Director Tim Irwin
Record Number of People from Horn of Africa Flee to Yemen
Somali Officials to Meet WFP to Resume Humanitarian Operations
WFP Ends Food Aid to 1 Million Somalis
Yemen: Strikes Foil Planned al-Qaida Attacks
Airline Bombing Suspect Spent Months in Yemen in 2009
US Says Yemen's Problems Threaten Global Security
US General Talks Security in Yemen
Yemen's Deputy PM Links Nigerian Terrorist Suspect to al-Qaida
Yemen Authorities Promise Extra Security Measures
US Asks Yemen for Help in Fight Against al-Qaida
Yemen: 34 al-Qaida Suspects Killed in Air Strike
Kenya Cracks Down on Somali Immigrants
Thousands Of Somalis Continue To Flee Fighting
Somali Rebels Accused of Crime Within Capital
Tougher Times Ahead for Yemen's Somali Refugees


Kestrels get the upper hand over Panthers in local derby
Ladies Midlands League Division 2
Portlaoise Panthers Ladies team travelled to Portarlington in the hope of taking a step closer to the Midland League title.
With only one loss against them before this game, another win would put them just one win away from taking League honours for the season but Kestrels showed great grit and determination throughout to keep their own title hopes alive and bring the competition right down to the wire.
Both sides now have two losses apiece with two games remaining so this home win for Kestrels was a big scalp to take after losing in Portlaoise just after Christmas by a big margin.
The first quarter saw the home side out of the blocks the quicker of the sides with baskets coming from Sophie Devereux and Cathy Mulhare. Sarah Fallon got going with three baskets in a row while Grainne Tomlinson replied with two baskets of her own inside.
Sinead Byrne and Kelly Anne Scully added further baskets with some well taken shots before Attracta Brophy responded with a three pointer to leave seven points between the teams, Kestrels leading 16-9 at the end of the first quarter.
Portlaoise Panthers came back strong in the second quarter with Brophy again on target from range to kick the visitors into gear. Tomlinson was causing problems inside the key on offense as she added another three points to the scoreboard which was followed up by another three points from Brophy.
Kestrels only managed to score six points in the quarter with a big three pointer from Kelly Anne Scully the highlight of these. But Portlaoise managed to grab the lead from Kestrels with five points from Emma Colohan, Portlaoise leading on a scoreline of 23-22.
The half time break worked better for Kestrels as it gave the opportunity to regroup and they did just that as they matched the visitors score for score in the opening minutes of the half. Sarah Fallon, Cathy Mulhare and Sinead Byrne all contributed for Kestrels while Emma Colohan and Roisin O'Connell kept the scoreboard ticking over for the Panthers ladies.
Scores began to dry up for Portlaoise at the end of the quarter as Kestrels began to take hold of the game. Two baskets from Kelly Anne Scully gave Kestrels a five point lead heading into the final quarter.
The momentum was now in Kestrels favour but Portlaoise were not yet ready to give up on this game and they drew level at 39 points apiece following baskets from O'Connell and Lorraine McCormack, while they traded free throws with Kelly Anne Scully and Dorothy Fahy the beneficiaries.
Kestrels went on a scoring spree with Sarah Fallon, Sinead Byrne and Kelly Anne Scully pushing Kestrels out in front with two big three pointers scored by the latter. Portlaoise responded with baskets by Michelle Hart and Lorraine McCormack but this was too little too late as Kestrels continued to push ahead with further baskets by Mulhare and two baskets by Orla Mullally.
Kestrels took the win by twelve points which leaves them level on points with Portlaoise at the top of the League. The final two weeks in the League will be interesting with both sides coming up against fellow Top 4 opposition with Clonaslee still in with a shot of clinching the League also if they can overturn Portlaoise in St Mary's Hall.
If teams are level on points at the end of the season, the League title will be decided by a play-off so all is still to play for.
Portlaoise Panthers Team: Emma Colohan, Grainne Tomlinson, Michelle Hart, Dorothy Fahy, Roisin O'Connell, Attracta Brophy, Lorraine Mc Cormack, Rebecca Kelly, Gillian Hannigan, Orlaith O'Donovan.


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Different Types of Dating Websites – and how to find the best one
August 15, 2020 - Fred
Different Types of Dating Websites – How to Find the Perfect Match
It feels great to be loved, spoiled with gifts, and taken out for vacations and outings. But then, true love doesn't come too quick or easy for everyone. Some people have to move through mountains of heartbreaks and valleys of disappointments to find that one person who will grace their hearts with affection and spoil their minds with sweet words.
Just six months ago, lovebirds could effortlessly meet, interact, and share moments. But after the COVID-19 pandemic came, people have to stay indoors and wash hands frequently. That has stalled thousands of would-be relationships, making more singles turn online to find love. In this article, I will address different types of dating websites and give brief site reviews to help you find the site to fit your dating needs.
1. OkCupid-Free and Paid
OkCupid caters for singles looking for short-term and long-term relationships, alike. Singles can find love from singles with 20 sexual orientations and 12 gender identities. Once your profile is set on OkCupid, the site uses a liberal matchmaking system to connect you to millions of singles from over 200 worldwide countries.
Its user-friendly and intuitive interface makes it easy and fun to navigate. OkCupid is ideal for singles who have a specific checklist when searching for love online. It connects singles to people who share similar social justice views and relationship goals.
2. Match.com—Free and Paid Versions
Match.com is available in 25 countries around the world. The site uses a super-sophisticated algorithm to match singles to like-minded singles. Match.com uses advanced technologies to monitor each user's actions, ensuring it can link you to singles online at the same time as you.
The site has a solid reputation for having ignited 443,855 successful marriages in the UK. Interestingly, the team at Match.com organizes events where people can meet and interact in mixer-like and safe environments.
3. EHarmony—Free and Paid
Are you a conformist marriage-minded folk looking for a lasting relationship? EHarmony has got your back. Its solid success story speaks for itself. The site has more than 60 million members across the globe and has successfully ignited more than 2% of the U.S marriages as of July 2020.
EHarmony uses a comprehensive relationship questionnaire oriented towards connecting singles who share similar long-term relationship goals. It provides guided communication, ensuring you can script a punchy love message that can woo your potential mistress.
4. Elite Singles—Free and Paid
Elite singles is the relationship playground for professionals and career-oriented people looking for true love. Elite approaches the dating process from a professionalism angle, enabling potential lovers to start their relationships on a high professional note.
Dating is not all about romance. Romance takes less than 10% of a relationship's time, while work, investments, and normal life take the rest. The site has over 13 million subscribers from over 20 countries around the globe.
5. SilverSingles—Free and Paid
SilverSingles is the perfect matchmaking website for once-married and heartbroken people looking for new relationships. If you are a divorcee or a single mom who has dusted their past and wants into the dating field again, SilverSingles has got your back from all angles. It will connect you to people of similar age, who share similar interests and goals.
Different Types of Dating Websites – How to Find the Perfect Match—Conclusion
Don't lock yourself out of amazing dating opportunities just because of the COVID-19 pandemic movement and interaction limitations. Sign up with any of these dating sites to start interacting and dating people who share similar goals and interests.
Posted in Dating Sites
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Woody Allen finding it hard to sell his memoir
Oscar-winning US director Woody Allen who has faced widespread industry scorn over lingering accusations that he molested his adopted daughter is having trouble finding a book deal for his memoir.
Afp May 03 2019, 4.16 pm
Executives at four major publishing house, all speaking on condition of anonymity, told the newspaper that they had been offered the project by an agent for Allen over the past year. None of them made an offer, and some even said they had declined to read the material offered to them, they told the Times. The five major US publishing houses -- HarperCollins, Hachette, Macmillan, Simon & Schuster and Penguin Random House -- did not immediately respond to AFP requests for comment about the report. Allen's agent also did not reply.
Since the eruption of the #MeToo movement against sexual harassment and misconduct, the decades-old accusation that Allen abused Dylan Farrow when she was seven years old in the early 1990s has come back to haunt him. He was cleared of the charges, first leveled by his then-partner Mia Farrow, after two separate months-long investigations, and has steadfastly denied the abuse. But Dylan, now an adult, maintains she was molested, and has the support of her mother and brother.
Allen's public image took another hit last year when, in an interview with an Argentine television station, he said he should be the poster boy of the #MeToo movement."I -- who was only accused by one woman in a child custody case, which was looked at and proven to be untrue -- I get lumped in with these people," he told Canal 13. A string of actors and actresses who have worked with Allen have distanced themselves from him, and said they would no longer work with him.
Earlier this year, he filed a $68 million suit against Amazon for breach of contract, accusing the streaming giant of canceling a film deal over Dylan Farrow's claims. Amazon has confirmed it broke off the deal, citing "Allen's actions and their cascading consequences," which it said "ensured that Amazon could never possibly receive the benefit of its four-picture agreement," according to court filings.
A trial in the case could take place next year.
CelebrityCinemaOscarThe New York TimesusaWoody Allen
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Writers strike, dull fall spoil climax of Hollywood's big year
By David GermainThe Associated Press
There should be plenty of money and holiday cheer for everyone in town as Hollywood edged near the $10 billion mark at the domestic box office for the first time.
LOS ANGELES | There should be plenty of money and holiday cheer for everyone in town as Hollywood edged near the $10 billion mark at the domestic box office for the first time.
So why couldn't producers and writers play nice together, and why have so few of Hollywood's year-end quality films caught on with audiences?
The big achievement for the year � record revenue � was offset by uncertainty as the Writers Guild of America went on strike over scribes' desire to get in on the ground-floor of whatever revenue might result from Internet programming.
Meantime, the town's prolonged period of backslapping � otherwise known as Academy Awards season � arrived in rare circumstances, with a critical favorite or two such as the Coen brothers' 'No Country for Old Men, but no clear front-runners emerging in any categories � and many acclaimed Oscar wannabes landing in theaters with a yawn from apathetic audiences.
The box office was a roller-coaster all year, with revenues up, then down, then up, then down again. The key lesson from lackluster fall returns: Serious films with important social messages are all well and good, but there's no beating a head-to-head between Denzel Washington and Russell Crowe or a cartoon princess getting the boot from her magic kingdom.
'Many of the dramas that have come out are terrific movies, but I just think that sometimes people, especially coming into the holidays, they just want escapism or feel-good movies,' said Barry Josephson, producer of 'Enchanted,' starring Amy Adams as an animated princess forced to make her way in real-world Manhattan.
Disney's 'Enchanted' � along with Universal's hit crime saga 'American Gangster,' starring Washington and Crowe � were among the few bright spots amid a sleepy fall that followed a monster summer season.
Pure escapism was the rule last summer as Sony's 'Spider-Man 3,' Disney's 'Pirates of the Caribbean: At World's End,' DreamWorks-Paramount's 'Shrek the Third' and 'Transformers' all topped $300 million domestically, with the Warner Bros. sequel 'Harry Potter and the Order of the Phoenix' just missing that level.
Padded by other summer hits including 'The Bourne Ultimatum,' 'Ratatouille,' 'The Simpsons Movie,' 'Knocked Up,' 'Rush Hour 3,' 'Hairpsray' and 'Superbad,' 2007's domestic returns should finish at a record of about $9.6 billion, up 2 percent from the previous year, according to box-office tracker Media By Numbers.
That surpasses the previous high of $9.45 billion set in 2004. Yet because of rising admission prices, the number of movie tickets sold should come in at about 1.4 billion, down 2 percent from 2006 and well shy of modern Hollywood's record of 1.6 billion in 2002.
The writers strike idled some TV shows from the start, and while the big-screen effect initially was minimal because of the long lead time for movies, shooting on a few films was postponed.
It was the first time writers walked off the job in 19 years, with the guild taking a hard stand to ensure members are compensated if the Internet becomes a lucrative means to distribute programming.
'I really hope people figure it out soon, but I think this is real,' said Akiva Goldsman, who won an Academy Award with his screenplay for Ron Howard's 'A Beautiful Mind' and now has seen another collaboration with Howard, 'The Da Vinci Code' prequel 'Angels & Demons,' delayed indefinitely because of the strike.
'I think there may have been posturing in terms of methodology. I can't second-guess anybody's behavior, but I do know this is substantive. It's not just sound and fury signifying nothing.'
Fall brought the usual crush of prestige films jockeying for awards attention. With the shorter awards season that began a few years back, when the Oscars moved from late March to late February, more studios jammed contenders into early fall this time rather than waiting for the annual December scramble to get films into theaters.
That may have undermined the box- office prospects as too many dour dramas rolled into theaters all at once in September and October.
'We've seen a lot of product trying to get into the marketplace, as well, which didn't really bode well for anyone,' said Rory Bruer, head of distribution for Sony. Sometimes, you're fragmented to the point where no one quite gets what they want.'


Toyota reports highest ever sales in Pakistan
Profit increases by 152%
Bilal Hussain Aug 27, 2021
Indus Motor Company Limited, commonly known as Toyota as it assembles and sells Toyota cars in Pakistan, has reported its highest-ever sales in terms of revenue and a 152% increase in its annual profits for the financial year 2021.
Toyota sold 57,236 vehicles during the year that helped the company improve revenues to Rs179.2 billion. It earned Rs12.8 billion during the year, which was 152% higher than last year.
"We have had a very good year despite the frequent challenges arising owing to COVID-19 pandemic," said Chief Executive, Ali Asghar Jamali.
Earnings per share during the was Rs163 in FY2021 as compared to Rs65 in FY2020. The company has also announced a total of Rs103 dividend in FY2021.
However, despite the highest revenue in the financial year 2021, the company's profit was well below its previous high.
"Company's previous high revenue came in FY 2019 with Rs158 billion," said Research Analyst Taha Madani. "But the company's highest profits came in FY 2018 at Rs15.8 billion."
The company's highest ever volumetric sales (number of cars sold) in FY 2019 with 65399 units.
"But dollar started to devalue in 2018 and its full impact came in FY 2019 for the auto sector. Auto companies' profit margin fell due to dollar devaluation back then," Madani said.
Related: Chinese carmaker Changan increases car prices in Pakistan
According to the company, the increase in high sales and profitability for the year was mainly due to higher sales of assembled and imported (CBU) Toyota cars by the company.
"Selling of higher number of cars was primarily due to improved economic conditions and healthy demand generated on account of launch of the facelift models of Corolla, Hilux and Fortuner along with wider acceptance of Toyota Yaris," the company added.
Related: Car prices in Pakistan are likely to go up
IMC CEO Jamali praised the government for reducing Federal Excise Duty and Additional Custom Duty.
"The decrease in duties and taxes resulted in reduction in prices of vehicles in July 2021, which will eventually boost the industry to continue positive momentum," he added.
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Peter De Sotto, violin
Colin Maier, oboe
Charles Cozens, accordion
Kirk Starkey, cello
Virtuosic showpieces, romantic tenor arias, pyrotechnical solos, blazing gypsy show pieces and multi-instrument mastery – this is Quartetto Gelato. With sold-out performances in New York, Washington, Los Angeles, London, Tokyo, Hong Kong and many more, this dazzling ensemble has enchanted audiences and critics worldwide with its exotic blend of musical virtuosity, artistic passion and caprice. Classical in training, eclectic by design, Quartetto Gelato's theatrical stage presence and relaxed humor establishes an intimate rapport with all audiences worldwide. Quartetto Gelato's international career was launched when they won the coveted title of NPR Performance Today's "Debut Artist of the Year". In 2007, the group's first DVD Quartetto Gelato: A Concert in Wine Country! was picked up by PBS throughout the U.S. and is still broadcast regularly.
They can be heard on the soundtrack of the Hollywood film Only You (starring Robert Downey Jr. and Marisa Tomei), and were honored Best Classical Ensemble at Canada's 2010 INDIE Awards.
Quartetto Gelato's latest CD, All Original – 100% Canadian, featuring works written specifically for the group by Canadian composers, highlights its signature style and can be heard on radio stations in over 20 countries. The group's previous 8 discs have enjoyed sales of over 200,000, and in 1997 QG was literally heard around the world, when Canadian astronaut Dr. Robert Thirsk chose their first two CD's to take with him during his NASA flight on board the space shuttle Columbia.
Please do not make any changes, omissions or additions unless authorized by artist management.
www.quartettogelato.ca
Quint Quintet
130 West 57th Street Suite 6A New York NY 10019 | Tel: 212.337.0838 Fax: 212.924.0382 | e-mail: info@artsmg.com


Samsonite Make Your Case: Patriots Defensive Player of the Decade?
by Paul Perillo & Mike Dussault
The Patriots have seen unprecedented success in the 2010's that includes five Super Bowl appearances and three championships to go with the most wins of the decade. But for the defense it hasn't been total dominance from 2010. In fact, the team won despite their defense early in the decade and it wasn't until the defense was rebuilt that they were able to cash in on three more titles.
The candidates for the best defensive player of the decade are clear but who's the best is not. Devin McCourty's arrival in 2010 and position change to safety helped secure a secondary that was torched deep early and often until 2013. Dont'a Hightower was drafted in 2012 and contributed some of the biggest defensive plays in Super Bowl history.
Patrick Chung had a hiatus year in Philadelphia but returned to New England and became one of the most versatile safeties in the NFL and perhaps the most valuable piece of the defense. Rob Ninkovich emerged from the ashes of the defensive rebuild to become one of the steadiest and most reliable players ever to play for New England.
Then there's Stephon Gilmore, the rare high-priced free agent that lived up to the contract and became the best cornerback in the NFL, while also making some key playoff plays that helped delivered championships. All were great players, who played well over an extended time frame and helped deliver championships.
This week's Samsonite Make Your Case question is…
Who is the Patriots Defensive Player of the Decade?
Paul Perillo says…
Devin McCourty
This is a difficult task to be sure but I chose McCourty for a couple of reasons. First, he played the entire decade. Second, he did so at an extremely high and consistent level.
From the moment McCourty was drafted in the first round in 2010 he proved to be the consummate pro. He immediately entered the starting lineup at cornerback and played so well that he earned a trip to the Pro Bowl as a rookie. Shortly thereafter he was moved to safety, and rather than pout about it he simply excelled in his new role, earning three more trips to the Pro Bowl at his new spot.
McCourty missed just five games over the entire decade and racked up 26 interceptions during that time. He's consistently been among the team leaders in tackles and always seems to be in the right place along the back end of the defense.
But as solid as his play has been, he may be even more impressive off the field. He's been a captain and leader on defense for virtually his entire career, and when time are tough it's generally McCourty holding things together among the ranks.
People like to poke fun at Bill Belichick's penchant for picking players from Rutgers, but his decision to take McCourty was one of the best of his storied coaching career.
-PP
Mike Dussault says…
Dont'a Hightower
New England Patriots/Eric J. Adler
Hightower had a scoop-and-score in his first game and the Patriots have been welcoming the first-round picks impact ever since. In all three of the Patriots recent Super Bowl wins Hightower made monstrous, game-saving plays.
In Super Bowl 49, he made an incredible goal line tackle of Marshawn Lynch, stopping him from the end zone and setting up Malcolm Butler's interception on the very next play. In Super Bowl 51, it was Hightower's sack and forced fumble of Matt Ryan that set up the score that would get the Patriots within eight points of the Falcons. Then, in Super Bowl 53, Hightower had a critical sack of Jared Goff in the third quarter in the red zone that held the Rams to three points in a game where every point was huge.
Hightower's absence from Super Bowl 52 was conspicuous and while he doesn't have a pile of gaudy regular season stats, it's hard to imagine the Patriots winning the last three Super Bowls without him. Big time players make big time plays in big time moments and that sums up just what Dont'a Hightower is and he's well deserving of the Patriots Defensive Player of the Decade.
Samsonite Make Your Case: Should Pats trade up for Tua?
Should the Patriots trade up for QB Tua Tagovailoa? Paul Perillo and Mike Dussault debate in this week's Samsonite Make Your Case.
Samsonite Make Your Case: Most intriguing reported free agency addition?
Who is the most intriguing reported free agency addition? Paul Perillo and Mike Dussault debate in this week's Samsonite Make Your Case.
Samsonite Make Your Case: Should the Patriots add a veteran QB?
With Tom Brady officially signing with the Tampa Bay Buccaneers, the Patriots are now in transition at the most important positing in football. Should the Patriots add a veteran quarterback? Paul Perillo and Mike Dussault debate.
Samsonite Make Your Case: Toughest Patriots Game of 2020?
What will be the toughest game of the Patriots 2020 season? Paul Perillo and Mike Dussault debate.
Samsonite Make Your Case: 17-game NFL Schedule
Paul Perillo and Mike Dussault debate whether they want to see a 17-game schedule.
Samsonite Make Your Case: Biggest (non-Edelman) Patriots combine snub?
The list of Patriots who have become impact players despite not getting a combine invite is long and significant.
Samsonite Make Your Case: Which position to watch at NFL scouting combine?
Which position group should the Patriots be most focused on at this year's combine? Patriots.com's Paul Perillo and Mike Dussault debate.
Samsonite Make Your Case: Most intriguing under-the-radar Patriot?
The Patriots could greatly benefit if one of their younger players who spent last season behind the scenes develops into an impact player. Who is the most intriguing under-the-radar Patriot this offseason?
Samsonite Make Your Case: Who is the most important non-Brady Patriots free agent?
Beyond Tom Brady there are a number of free agents the team must make difficult decisions on.
Samsonite Make Your Case: Who will win Super Bowl 54?
Paul Perillo and Mike Dussault debate which team will win Super Bowl LIV.
Samsonite Make Your Case: NFL tries out onside kick replacement
Convert a 4th-and-15 or keep onside kicks the same? Erik Scalavino and Mike Dussault debate the potential new rule before it's tested at Sunday's Pro Bowl.
Samsonite Make Your Case: Best Super Bowl 54 Matchup?
The NFL's Conference Championship Weekend is here, arguably the best afternoon of professional football you'll find, with two raucous home crowds excited to see their team play for the chance to go to the Super Bowl. Paul Perillo and Mike Dussault debate what the best Super Bowl 54 matchup is.


The 10 Rules of Successful Nations (Hardcover)
By Ruchir Sharma
La isla de la fantasia: El colonialismo, la explotacion y la traicion a Puerto Rico (Paperback)
By Ed Morales
Marx's Inferno: The Political Theory of Capital (Paperback)
By William Clare Roberts
The Communist Manifesto: With Selections from the Eighteenth Brumaire of Louis Bonaparte and Capital by Karl Marx (Crofts Classics #3) (Paperback)
By Karl Marx, Friedrich Engels, Samuel H. Beer (Editor)
Bit Tyrants: The Political Economy of Silicon Valley (Paperback)
By Rob Larson
The Costs of Inequality in Latin America: Lessons and Warnings for the Rest of the World (Paperback)
By Diego Sánchez-Ancochea
Rentier Capitalism: Who Owns the Economy, and Who Pays for It? (Hardcover)
By Brett Christophers
The Making of a Democratic Economy: How to Build Prosperity for the Many, Not the Few (Hardcover)
By Marjorie Kelly, Ted Howard, Naomi Klein (Foreword by)
The Authoritarian Personality (Paperback)
By Theodor Adorno, Else Frenkel-Brunswik, Daniel J. Levinson, R. Nevitt Sanford
Democracy: A User's Guide (Paperback)
By Joss Sheldon
Capital: Volume One: A Critique of Political Economy (Dover Thrift Editions) (Paperback)
By Karl Marx, Samuel Moore (Translator), Edward Aveling (Translator)
The Future of Capitalism: Facing the New Anxieties (Hardcover)
By Paul Collier


Google Lens heads to Pixel 2 via Assistant in the 'coming weeks'
By Leif Johnson 2017-11-22T21:16:04.325Z Mobile phones
Far beyond QR scanners
(Image credit: Google)
We've been impressed with Google Lens ever since we first heard about it in May, calling it a "game changer" and reporting that it's blowing our minds even though it's not even out yet.
It finally started showing up on Google Photos in Pixel units last month, and this week Google announced in a blog post that Lens will be coming to both the Pixel and Pixel 2 phones in the coming weeks as a built-in feature for Google Assistant. Just pull up Assistant like normal, and you'll see it in the lower right-hand corner.
For the uninitiated, Google Lens lets you use your Pixel's camera to learn and record information about whatever it is you're looking at. That means you could aim it at the Statue of Library and pull up some articles about it, or you could point it at a book cover and pull up an interface that will let you buy it. You can also save information from business cards or open URLs you see on posters. At its simplest, it acts as a barcode or QR scanner.
That's currently about all Lens does, but Google's presentation at I/O last spring showed the company had some much wilder plans for the tech, such as a feature that would remove, say, a chain-link fence blocking the view of a baseball player at bat. That currently sounds a little too good to be true, even with the impressive list of other features, but we're excited to see if Google can pull it off. No doubt the service will only get better with time.
The feature is currently limited to Pixel phones for the time being, and the initial rollout will be limited to "Pixel phones set to English in the US, UK, Australia, Canada, India and Singapore."
Here are the best phones of the year


Home ▸ Emma Frost Gallery ▸ Emma Frost Costume Gallery
Emma Frost Costume Gallery
Emma Frost's early costume was inspired by Emma Peel from a British TV show called "The Avengers," specifically from the episode titled "A Touch of Brimstone." In fact, the characters from the British show were a source of inspiration for all the Hellfire Club members in the Dark Phoenix Saga.
As with all characters, Emma's costumes have changed over the years. This page shows them all.
Hellfire Club (1979 – 1993)
Emma Frost as a villain was reflected in classic first costume — a white corset, thigh-high boots, and a fluffy cape.
Generation X (1994 – 2001)
Emma shed the cape in favor of a 90s-style pantsuit for the office and a hot, white jumper for the superhero activities when she joined the side of good and led Generation X.
New X-Men (2001 – 2004)
Flamboyant, sexual, and Quitely — a perfect representation for Emma Frost's inception into the X-Men team.
New X-Men (v2) (2004 – 2005)
Emma's costume as a headmistress was a slightly updated version of her Generation X costume with a cape.
Astonishing X-Men (2004 – 2008)
The Emma Frost costume that set the stage for all her modern costumes to come!
San Francisco X-Men (2008 – present)
Astonishing X-Men's new creative team with Warren Ellis and Simone Bianchi gave Emma a "nip and tuck" version of her previous costume by John Cassaday.
Dark X-Men (2009)
Emma acted as a double agent for the X-Men to keep track on Norman Osborn's Dark X-Men.
Avengers vs X-Men/Phoenix Five (2012)
The Phoenix possessed five X-Men, amped their powers, and, of course, gave them new costumes.
Biography Scans Costumes Covers Diamond Form Fan Art Random Merchandise TV Shows, Movies, Video Games Wallpaper


How Do I Challenge a Will? – Part II Practice Tips
Home/Uncategorized/How Do I Challenge a Will? – Part II Practice Tips
Part II: Practice Tips
Requesting and Preparing for the SCPA 1404 Examination in New York
To challenge a will, you have the option to file objections either on or before the return date of the probate citation or after a SCPA 1404 examination. You must generally make this election on or before the first appearance.
There are several advantages to requesting a SCPA 1404 exam prior to filing objections. The major advantage is that the estate has to pay the costs of the exam and the stenographer fees. The exam will also provide you with the opportunity to conduct pre-objection discovery to assist in preparing objections. On the other hand, if you elect to depose a witness prior to filing objections, you generally cannot re-examine the same person again after filing objections.
If you desire a pre-objection exam, you should make this request at the first appearance and discuss a proposed schedule with the court at the same time. The schedule is generally limited to dates for pre-objection document demands and responses, the date for the exam (which will be conducted at the court), and the date for filing objections after the exam.
Prior to the exam, you should specify the witnesses you intend to examine. Such persons generally include the attesting witnesses and the person who prepared the will (see SCPA 1404
[4]).
To prepare for the exam, you should demand documents in advance, requesting the decedent's financial records, communications, medical records, and prior wills, among other things. You should also request the case file of the drafting attorney, including billing records and any retainer agreements (see CPLR 4503 [b]; SCPA 102).
The rights to pre-objection document discovery are set forth in SCPA 1404(4), which provides that "the party conducting such examination" has "all rights granted under article 31 of the civil practice law and rules with respect to document discovery." Generally, courts permit broad inquiry into the "three-year period prior to the date of the propounded instrument and two years thereafter, or to the date of the decedent's death, whichever is the shorter period" (22 NYCRR 207.27).
The exam should focus on all matters relevant to the filing of objections. You should inquire about the witnesses' involvement and relationship with the decedent, the decedent's mental health, and the circumstances of the will's execution, among other things.
The Possible Grounds to Object: Undue Execution
The first possible ground to object is undue execution. This objection focuses on the will's technical non-compliance with the formalities set forth in EPTL § 3-2.1.
For example, the statute requires the decedent to sign the will at the end, declare to each of the attesting witnesses that the instrument is his will, and use at least two attesting witnesses. In reviewing the will and cross examining the attorney and witnesses, you should pay attention to the location of the decedent's signature on the will, as well as any communications between the decedent and others present. Check to see if the decedent declared the document to be his or her last will and, if so, how. Check to see if the decedent signed the will in the witnesses' presence or otherwise published his signature to the witnesses. Make sure the witnesses also signed the will and the dates of the signatures.
You should also review an administrative check list and other practice guides on estate administration. This will help you outline the various issues involved and help provide you with grounds to challenge the will, even if technically compliant with the statute.
These check lists and practice guides, for example, recommend that the client initial each page. They also caution practitioners against removing staples to make photocopies. Among other things, these circumstances may create doubt as to the will's validity. One may conclude that the will does not contain the same pages as those executed by the decedent or that the decedent did not read its contents. These circumstances may obtain even greater weight as the case develops, especially depending on the specific cast of characters involved, such as the character of the beneficiaries, the drafting attorney and the witnesses.
The Possible Grounds to Object: Capacity
Another major objection concerns the decedent's testamentary capacity. A person is presumed to have sufficient mental capacity to make a will. In addition, an attesting affidavit and the supervision by an attorney also create a presumption of testamentary capacity.
The level of capacity required is a mere simple understanding of the disposition. Specifically the decedent must (1) generally understood the nature and consequences of executing a will, (2) generally know the nature and extent of the property that he or she is disposing of, and (3) generally know the natural objects of his or her bounty, and his or her relations with them.
Given this standard, you should focus on ascertaining the extent of the decedent's communications, his appearance, demeanor, and responsiveness at and around the time of the will execution. You should examine the complexity of the will, how it was communicated to the decedent, and the level of sophistication of the decedent. You should also inquire about the interactions between the decedent and others present, whether the decedent's family was discussed at any time, including the day of the will ceremony, and whether the attorney prepared a family tree or took notes about the decedent's relations with others. Attorney billing records and the decedent's phone records and emails may also reflect the level of contact the attorney had with the decedent.
An advocate of the will's admission to probate will attempt to argue that the decedent was lucid and rational at the time the will was made, and that the decedent communicated effectively, knew who he or she was talking to and responded appropriately. You should be prepared to challenge the generalized conclusions often asserted by the witnesses about the decedent's appearance and capacity. You should also review the decedent's medical records (request authorizations from the estate to obtain them) to determine if the decedent suffered from any cognitive diseases such as dementia and what kinds of medications the decedent may have been taking.
Be careful not to rely too heavily upon on a person's old age or general diagnosis. Mere proof that the decedent suffered from old age, physical infirmity and chronic, progressive senile dementia when the will was executed is not necessarily inconsistent with testamentary capacity and does not alone preclude a finding thereof, as the appropriate inquiry is whether the decedent was lucid and rational at the time the will was made.
In addition to learning about the decedent's age and diagnosis, you should inquire about the decedent with neighbors, relatives, and hospital staff to find out whether they observed the decedent at or around the time of the will's execution and whether they have any stories to share regarding the decedent's mental status.
The Possible Grounds to Object: Undue Influence
Undue influence provides a basis to invalidate the entire will or a specific bequest. It occurs when a wrongdoer overcomes a decedent's free will and causes the decedent to make a will or bequest that the decedent would not otherwise have made (see Restatement 3d Property [Wills and Other Donative Transfers], § 8.3 [2003]). The influence may be forceful or alternatively subtle pressure (Matter of Edel, 182 Misc 2d 878, 885 [Surrogate's Ct, Cattaraugus County 1999]). Look for instances of persuasion or pressure made by the wrongdoer, short of actual force, but stronger than mere advice (see 3-42 Warren's Heaton on Surrogate's Court Practice § 42.07 [Lexis 2017]).
To prove undue influence, a party must establish the existence of motive, opportunity, and the actual exercise of undue influence (Matter of Nofal, 35 AD3d 1132, 1134 [3d Dept 2006] [internal quotation marks omitted]). Motive is often financial. Look at the beneficiaries in the will and the dispositions made to them. Then, to establish opportunity, try to establish that the beneficiary, or another acting on the beneficiary's behalf, had contact with the decedent or the drafting attorney and had prior knowledge about the will or bequest.
To prove the exercise of undue influence, a party may rely on direct evidence – such as testimony from a person who observed the wrongful act. However, as the only witnesses to undue influence are often the wrongdoers, parties generally must rely on circumstantial evidence to prove their case (see Matter of Kotick v Shvachko, 130 AD3d 472, 473 [1st Dept 2015]; Matter of Paigo, 53 AD3d 836, 839-840 [3d Dept 2008]).
Relevant factors to consider include: (1) the nature of the will; (2) the decedent's family relations; (3) the decedent's health and mind at the time of the execution of the will; (4) the decedent's dependency upon and subjection to the control of the person charged with undue influence; (5) the opportunity and disposition of such person to wield it and his acts and declarations in doing so; and (6) the acts and declarations of such person (see Rollwagen v Rollwagen, 63 NY 504, 519-520 [1876]; 9-117 Warren's Heaton on Surrogate's Court Practice§ 117.02 [3] [b] [Lexis 2017]).
Additional relevant factors include the following, among others: (1) whether the primary beneficiary selected and/or was associated with the attorney draftsman; (2) whether the decedent was isolated from family and friends; (3) whether the provisions of the will were a departure from the decedent's prior estate plan; (4) whether the decedent had knowledge of the will's provisions and was satisfied with them; (5) whether the person(s) charged with undue influence controlled the decedent's lifetime affairs; (6) whether the person(s) charged with undue influence benefited under the will disproportionately to other beneficiaries; (7) whether the donor received independent advice from an attorney; and (8) whether the will or will substitute was prepared in secrecy or in haste (see 9-117 Warren's Heaton on Surrogate's Court Practice § 117.02 [3] [b]; New York State Estate Administration § 3.06 [d] [1] [2012]; Restatement 3d Property, § 8.3, comment h; see e.g. Matter of Elmore, 42 AD2d at 240; Matter of Bach, 133 AD2d at 455).
Well in advance of the SCPA 1404 exam, you should have the client provide witness information, prior wills, and other documents and information relevant to the factors discussed above. You should also serve the preliminary executor with a demand for documents to obtain the estate file, the decedent's papers, prior wills, and other relevant materials. Then, at the SCPA 1404 exam, you should question the drafting attorney about these documents and the circumstances and factors discussed above.
The decedent's medical records, telephone records, emails, social media accounts, financial records and authorizations should also be requested from the preliminary executor and subpoenaed at some point, either before or after the 1404 exam. After objections are filed, the attorney should depose the beneficiaries and obtain documents from them to ascertain their involvement with the decedent.
Stay tuned for additional discovery tips and more information on specific objections.
By TRK|2019-05-02T15:20:15-04:00December 5th, 2016|Categories: Uncategorized|0 Comments