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roastyoualive-archive · 6 years ago

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@elskett sent an ask that wouldn’t publish for some reason so, here you go, Kai~! Send a 🙌 and I’ll introduce you to an NPC related to my Muse. || Accepting

This means any minor ‘background character’ in my Muse’s life, such as a relative, coworker, friend, rival, etc. that they interact with in their personal canon.

NAME: Baron Battle

ALIAS(ES): Barry Jules Burnham (Alter ego, before marrying Penelope Peace/Monsoon), Barry Jules Peace (Alter ego, after marrying Penelope Peace), Matteo Julius Marcantonio (Birth name, informally changed during high school, legally changed at age 18), Mattie (Childhood nickname, by Danielle Marcantonio), M&M (Childhood nickname, by Claire/Bloodhound), ‘B’ (By Saul/Scout), Boss (By Lester/Leech, among others), Boss-man (By Niles/Memento, among others), Dear (By Constance/Demonita), Baron Barbecue (By Penelope Peace, in her freshman year; Later by Lyn/Viper), [Teddy] Bear (by Penelope Peace, after entering into their relationship), Dad (By Warren Peace), #164209-S (Confinement number, by various researchers, jailers, and psychologists), [the] Bloody Red Baron (the Maxville Star Tribune), The Baron (by many people), Baron Fucking Battle (by many people, including himself), ‘Barron Battle’ (Sky High yearbook, on certain photos), “Brandon K” (Used by psychologist Dr. Marnie McDougal, M.D., as an alias in There Is No Wonderland Here: Understanding the Criminally Insane, Broadriver University Publishing, Inc., Maxville, CA, 2003), Ashton ‘Ash’ Nobles (Used as an alias while in Europe).

PORTRAYED BY: Daniel di Tomasso (Singing voice performed by Ramin Karimloo)

POWER(S) AND ABILITIES (IF ANY): Pyrokinesis/Pyromancy (largely regarded as the most powerful pyrokinetic in modern history, if not all time), invulnerability, enhanced strength; Fluent in English, Italian, ASL, and French. Speaks conversational Spanish and Cantonese. Following incarceration, knows a handful of assorted insults and a few basic phrases in Russian. Skilled engineer and inventor. Photographic memory. Highly skilled in unarmed combat. Talented and very much interested in musical theater. Highly manipulative, seen by many as charismatic. Owns at least one mug which proclaims him the world’s #1 dad. Can, in fact, drive a standard transmission (but not an automatic). Makes a good omelette.

AGE: 35

D/O/B: December 20th

ETHNICITY: Italian

GENDER/PRONOUNS: Cis male; He/him/his

ORIENTATION: He’s never put much thought into it. Considers himself straight, but might be somewhere on the ace/aro spectrum. He’s not sure. Doesn’t care enough to do the required introspection.

EMPLOYMENT STATUS: Currently incarcerated; Formerly, salesman at AutoWorld North; Prior to that, intern at Hermes Corp. Unofficially, infamous supervillain, founder and leader of the Battalion, smuggler, arms dealer.

CURRENTLY LIVES: Northern Alaska Penitentiary for the Supernaturally Enabled, Solitary confinement wing, floor 6, cell 6-382 C.

PAST RESIDENCE(S): Maxville, California.

ALLEGIANCE: Penny and Warren Peace, himself, the Battalion (in order from most to least prioritized)

ALIGNMENT: A healthy mix of chaotic and neutral evil, with a splash of chaotic neutral for flavour. Nobody really has it figured out.

RELATION TO WARREN: Father.

DESCRIPTION: Matteo Julius Marcantonio (known later in life as ‘Baron Battle’) is the only child of businessman Mercurio Raffael “Mercury” Marcantonio/”Heatwave” and Danielle Gisella Marcantonio (nee Damiani). Mercury sat at the head of Hermes Corp., a massive shipping company started by his grandfather (Baron’s great grandfather) Luciano Marcantonio. This meant that Matteo/Baron grew up wealthy, and wanted for nothing, materially. ‘Too expensive’ didn’t appear to be a phrase in his family’s vocabulary. It wasn’t a terrible childhood. People assume that, to turn out the way he did, he must have been beaten, but he wasn’t. They think his parents must have somehow mistreated him, but they didn’t. If forced to describe them, Baron would to refer to his parents as ‘relatively decent, and terribly boring’. None of them (Baron/Matteo, Mercury, and Danielle) were surprised when his powers came in (roughly at around age 5-6). Mercury was a pyrokinetic, too, and a superhero. Great-grandfather Luciano had been a pyro, as well. It ran in the family. Matteo was, of course, fascinated by this. All of his free time was henceforth devoted to experimenting with his powers, focusing on them to see what he could do. And he had a lot of free time. School was fairly easy for him; he attended a private school called the Simon Blackford Academy for Boys (’the Blackford Academy’, for short). He didn’t really have an established ‘group’ there. Sure, he had people who considered him a friend, he would be invited to birthday parties, or to hang out sometimes, and he could move between circles easily enough, but there was nobody that he really considered a friend. They were all just people, and they were all just there. And at home, there were even fewer distractions. Danielle and Mercury were running a business, after all. It wasn’t that they were terribly neglectful on purpose, they were just busy. They made an effort to speak with him when they had a moment, and let him know he could always come find them if he needed anything. He had the numbers for their office phones if he needed them and they were out. He generally didn’t call. The only other presence in the house came in the form of hired help, most of whom were quite happy to leave their young charge to his own devices, as long as he didn’t get hurt and they got paid. And, if he sits in his room quietly the whole time? That makes their job easier. He would occasionally be checked on by a woman named Claire Abatescianni. A super herself, which was why Mercury trusted her to watch his son without ousting Matteo/Baron’s powers. Claire’s power was a superhuman sense of smell. If you couldn’t guess, she’d had a hard time finding employment as a sidekick. Though Claire never said anything, Baron was pretty sure she only took the job of his ‘babysitter’ to get in good with his father in hopes of getting hired for something more exciting. She always seemed far too cheery to be there. Yes, yay, he’s still in his room, gosh, how thrilling. The older he got, the more irritating it got. He was quite glad when his parents decided he was old enough for a lock on his door (age 12). Aside from the help, his only companion was the radio in his room. He found that he very much did like music. It filled the silence, and the radio hadn’t been paid to like him. He found himself singing along to it while he went about his day. Reading, scribbling in his notebook, straightening out his things, honing and experimenting with his powers… Even walking the halls of the family home, he’d probably be humming to himself. It was something to do, at least, and he did enjoy it. Again, he didn’t resent his parents for being busy. He didn’t resent the help for doing their jobs. He, frankly, didn’t care enough for resentment. He also didn’t know any different. As far as he’d ever known, the day you spent time with your family was Sunday, and the place you spent time with them was in church. Yes, the infamous Baron Battle was raised Catholic. Most people are surprised by that. Mercury was the most devout of all of them, but Danielle was close behind. So, Baron went to church at least once a week, every week, and listened to preachers and priests lecture him about an all-powerful god. This got him thinking. According to the priests and the bible, God made all things. God was, supposedly, infallible. If these two things were true, it meant that God had intended to give Baron and all other supers their powers, which, by extension, meant that God intended them to be above ‘normal’ people, to be better than them. The very term ‘super human’ meant ‘above or beyond human’, and most people, Baron knew, could not shoot fire out of their hands at will. So, that, by definition and by will of God, meant that the average person was beneath Baron in the same way average people were beneath saints and angels and the Lord Himself. On the other hand, if it wasn’t true? If God wasn’t an all-powerful creator, wasn’t infallible, or maybe didn’t even exist? Well, then, why should Baron be beholden to His rules? He should be able to do whatever he wants. He did mention this to his parents, once, and never made that mistake again. Mercury told his son that thinking he was better than most of the planet was Pride and therefore a sin, and thinking about God in such a way was heresy and even worse, and you had better be in confessional next time they stopped by the church to talk to a priest, Matteo, before it gets any worse. Baron, who had just turned fourteen at the time, decided three things in that moment. Firstly, he decided that God was clearly not infallible, as He had definitely made some mistakes when He was making Mercury. Secondly, Baron realized that he had no intention of changing his way of thinking, priest or no, without a tangible reason to do so. Lastly, if God really was powerful enough to send souls to Hell, and if these thoughts would condemn him on their own, what reason did Baron have to try and earn salvation? He’d burn anyways, why not have fun with it? (And the irony of Hell supposedly being a place of fire and brimstone, and himself being able to conjure fire from nothing, was not lost on him.) But again, he didn’t say anything to his parents. He had better things to do than listen to lectures from them. -> Baron had discovered his love of theatrics while he was going to Blackford. There were school plays, and there were readings of classics the students would have to do out loud. Baron thought it was great fun, and his parents were thrilled. Finally, something that caught his interest. Finally, something got him out of the house and socializing without it being like some kind of chore. The drama department at the academy definitely saw a generous donation or two from Hermes Corp. Baron made himself involved with every production the school hosted during his tenure there. Like most, he started out with minor or supporting roles. Towards his later years in the academy, he gradually became used to landing the lead. There were a number of cast and crew photos and handmade commemorative t-shirts stored away in his childhood bedroom. He loved everything about it. Dressing up differently, stepping into another persona, being on stage… It was fun.And, in a way, it helped him connect with people. Or, rather, it helped people connect with him. He decided that he liked the other theater kids, well enough. He couldn’t put on the productions without them. And the drama teacher (Mr. Daryl Gunn) was quite pleased with his star students, and, as many teachers are known to do, tended to let them get away with more than he should. So Baron liked the drama part of school. And yet, as flashy as some productions might be, Baron couldn’t really show off. No powers in public. That was something Mercury always said. Baron argued against it, of course. Don’t show off his powers, dad? Why not? What, are the unpowered masses going to call the fire department on him? Ooh, he’s so scared. … Still, Baron understood the logic. He didn’t like it, but he understood. So, he played along, for the most part. No powers in public. It was stifling, though. Suffocating. Fire is a hungry, chaotic, screaming element to keep contained. It doesn’t belong in a cage. Not being able to use his powers outside was one of the reasons he stayed home so often. So, when he got the letter to attend Sky High, he was actually glad to go. Not surprised, though. Mercury had gone to Sky High, and he’d always said that Matteo would go to his alma matter, too. His son was going to be just like him. Baron took one look at his father, who he thought was boring, simple-minded, and quite frankly uninspired, and decided that, no, he wasn’t going to be like his dad. He wasn’t going to sit in an office all day signing business deals; He wasn’t going to be content living what was to him an ordinary life; And he certainly wasn’t going to be a hero. … But, more on that particular hangup as we go.

-> So, Baron attended Sky High. He had to admit, he’d never had a bus ride quite like that, before. He’d nearly thought he’d discover whether or not God was real much sooner than he’d anticipated. But, no, he was fine. According to power placement, he was more than fine. He was a hero. Or- Hero class, at least. (He learned very early on that the school didn’t really care whether you used your powers for ‘good’ or not.) At first, he was satisfied by this. Yes, he was wonderful, thanks for noticing. But then he got to thinking. On one hand, the social system of the school was laughably easy to exploit, when you were a Hero. On the other, there was so much potential going to waste. Sure, other powers weren’t quite as destructive or immense or- Powerful, for lack of a better word, as his own, but they were still powers. Everyone in the school was still ‘super human’, and we all know how Baron interpreted that word. And there were so many applications for how the powers of his fellow classmates could be used. The fact that there even was a ‘Most Useless Superpower’ award in the yearbook only went to show him that the administration at Sky High was useless. As you’ve probably figured out, Baron always had a problem with authority. This did not help. He could be quoted later as saying “There is no such thing as useless superpowers; only a superhuman lack of creativity”. This is a philosophy he would abide by for the rest of his life. It helped him accomplish two things. First, it increased his motivations to analyze and study superpowers, though no longer limited just to his own. Secondly, it helped him realize that sidekicks - especially upper years, who’d been beaten down by years of being told how worthless they were, or graduates, like Claire - were very easy to persuade to do things. This would later help him in founding the Battalion, but, for now, was just a useful little tidbit to know. Not like Baron had any trouble finding his place in the school, mind. He was smart, he was rich, he was descended from another well-known super, he was a Hero student. He wasn’t a jock, but he was pretty high up on the food chain all the same - especially for the arts kids. He had a decent group of people he usually hung around with. He wasn’t particularly attached to any of them, but, it was all well and good. They filled his lunch table and gave him people to talk to. It gave him an excuse to get out of the house, too. He didn’t mind it. It was better than hanging out with the radio, at least. And, since a good amount of his friends were other theater kids, they at least got his references, and he got theirs. And, whenever it came time to get ready for school plays, they could do line readings together to get ready for auditions and performances. When not in school or at home, you could usually find him at some cafe or another with members of his entourage. Or, you could find him at work. In order to teach their son responsibility, Mercury and Danielle had given ‘Mattie’ an internship at Hermes Corp. It was pretty standard faire. A way to get spending money, at least. A way to learn how a business was run. Useful skills, to be sure, but not very interesting, and it took time away from his research. Back when he was in Blackford, one of the science teachers - Mr. Trent Connery - impressed upon his class that the key to any proper experiment was to write things down. So Baron had taken to writing down his work on his powers. He had to admit, it made a difference. And he would much rather be doing that than sorting files for his parents. With his school now populated exclusively by supers, and home being- Well, home, work was the only place he couldn’t use his powers. It was like a prison. A very dull prison. Mercury didn’t seem to notice. He told his son that, one day, he’d be the one sitting at this desk. Mercury understood it as saying ‘one day, you’ll be wealthy and successful, too’. Baron saw it as ‘one day, you’ll be stuck at this desk, slaving away over paperwork and forced to act as an average human being for the rest of your life, too’. So he decided it was about time to work on distancing himself from the whole thing. It was little things, at first. Flirting with the other interns, growing his hair out, staying out late. That irked his father. But what really got to Mercury was when, after speaking to some of his old friends who had stuck around to teach at Sky High, he had learned that his son almost exclusively played the role of the villain in Save the Citizen. That infuriated Mercury. His son, a villain? No, no, that wasn’t happening. What was so appealing about it, anyways? Baron’s answer was that being a villain was more fun. He had better reasons than that. Heroes had rules they had to follow, villains did not. Heroes had to answer to the public, villains did not. Above all, heroes had to wait for villains to show up before they could do anything, whereas villains could act at any time they felt like. He’d thought through it, of course, as he thought through most things, but he didn’t tell his father. ‘It’s more fun’ would get a better reaction. Mercury was very upset about this. He couldn’t raise a villain! Matteo, that’s not what our powers are for! Baron responded to this by switching from almost always requesting to play on the Villains team to exclusively playing as a villain. It really was fun, and he found his powers were quite well suited for it. The rule book had to be changed a few times because of him, but that was something he was proud of. It was during one of these rule-changing matches where he met his future wife, and one of the only positive influences he ever took to heart: Penelope Anne Peace. ‘Penny’, to her friends, of which Baron didn’t initially consider himself to be one. -> He didn’t know her at all, in fact. She was a freshman, he was a junior. (And yes, if you’re wondering, this was after he got The Perm. It was a hassle to maintain and got in the way of things, but the looks on his parents’ faces made it worth it.) More importantly, she was what society would consider a good person, and he was not. She hadn’t been at Sky High for very long - it was the start of the year - and, being in different years, they had no classes together aside from the very much mixed Phys Ed, so he’d never really had any reason to notice her, nor she him. Baron had been called up to the ring, along with Lyn “The Lioness” van Rueben (later, Lynda Shale/’Viper’), a fellow villain who generated and manipulated various poisons and toxins. Baron had met and befriended Saul within their first year of high school (you can read more of that in Saul’s bio, linked way up at the top), and they’d been sitting together in the bleachers. When the two of them realized that Lyn and Baron had been chosen by Coach Pacer to phase in some freshies, the boys thought it would be hilarious. Baron had even muttered a ‘this’ll be good’ to Saul as he left. He and Lyn weren’t friends, not exactly. They each essentially headed off two different groups. But, they had devastated the STC ring enough times together that they knew how the other operated, and knew how to work with it to make the most damage. A wink from Lyn. A smirk from Baron. The freshies looking very excited and determined. The buzzer sounded. The citizen went up in flames. The rope broke instantly. Lyn thought this was funny, and Baron was proud of himself. Penny called a foul as soon as she processed what had just happened. Pacer had to stop the match and climb down to deal with a group of bickering super-teens. Penny’s argument was that that was unfair, and gave them no chance to react. Baron’s counterpoints were that villains weren’t supposed to play fair, and that if he’d gone through all this trouble to let the citizen die, he wanted to see them die, and wouldn’t bother with a timer in the first place. Lyn took his side, for once. Penny, who was still learning to control her powers and was very frustrated with ‘Baron Barbecue’, made a sweeping gesture with one hand, and accidentally sicked a massive gust of wind and torrent of water on Baron that not only lifted him off his feet, but hurled him through one of the walls. Lyn thought this was hysterical. Penny, for her part, freaked out, thinking she had just killed one of her classmates on her first time participating in gym class. Baron, being invulnerable, was fine, though he was still blinking dust out of his eyes when Saul hauled him to his feet and asked if he was okay. Baron wasn’t really listening, though. He wouldn’t be able to say why, exactly, though he would later be able to write paragraphs on the subject, but he was relatively certain he had just fallen in love with Penny Peace. He said as much, too, quietly and somewhat dazedly. Nobody heard him but Saul, who assumed Baron must have a concussion, and dragged him off to the nurse. Baron snapped out of his stupor and insisted he was fine, flung a few threats around, but ultimately let himself be carted off. He didn’t feel like rejoining gym class, and this was the perfect excuse. -> Of course, the nurses didn’t find anything wrong with him. Though, when Penny came in to check on him, and Baron actually apologized, they were certain they had to have missed something. It was just hugely out of character. He offered to buy her lunch, she apologized and explained she brought one form home, but did say she’d see him later. He considered the fact that she left with a smile on her face a victory. He left before the nurse could look him over again. He liked science class too much to want to miss it. -> Courting her was an effort in and of itself, but one he considered worth it. A lot of running into her in the hall or the cafeteria and making idle small talk working up to the point where she’d approach him first, and then where they’d eat at each others’ tables with increasing frequency. Eventually, it became a daily thing. More often than not, he’d be eating at ‘her’ table rather than his, since he didn’t really care about spending time with the people there. Penny was the one he was interested in, and was quite literally the first person he had ever genuinely cared about, outside of himself. Saul went where Baron went, and since he was decent enough and went along with Baron’s antics, Barry didn’t mind. So Saul and Baron became a part of Penny’s friend group. It took him until nearly the end of her first year to convince her to go out with him, but convince her, he did. It was a fairly simple date. They went out on a Sunday (Baron had stopped going to church with his parents) and went to a park for a walk and to feed ducks. He took her for lunch at a small local restaurant, and she showed him her favourite arcade. They played skeeball and Space Invaders and Baron pooled their tickets together to get Penny one of those over-priced stuffed animals that always seem to be behind prize counters. He walked her home, and carried her the last few steps to her door when he noticed her limping from a blister; She teased him about how gentlemanly it was. He put her down right as Nicholas, Penny’s older brother, opened the door. Penny kissed Baron on the cheek and went inside. It was only as he was walking away, and glanced over his shoulder at the Peace house that Baron realized something that struck him as odd. ... He’d never been happy before. Sure, there were things that he derived satisfaction or pleasure from - getting a good role in a play, good music, fresh coffee, Save the Citizen, attention, burning things, the simple joys - but he’d never been HAPPY. He was fairly certain that that’s what this was. It sounded cliche and corny, even to him, but he wasn’t going to question it. Just enjoy it while it lasted. And last it did. The interesting thing about not really forming emotional attachments is, if you ever actually do make one, you don’t tend to have many commitments to get in the way. As mentioned earlier, Baron had stopped going to church entirely. He’d been thinking for a while about the relationship of God and supers. If God did exist, at any point in time, Baron thought, and if He really could do half the things people said that He could, then, perhaps He was simply a very powerful super, Himself. As Baron grew more powerful, through natural aging and through his own training and experiments, he found it a waste of time to devote his life to worshiping someone who was very quickly becoming his equal (his own thoughts, nearly verbatim). Mercury was very much considering hiring either a therapist or an exorcist to pay his son a visit. Something had to be done about ‘Matteo’. It wasn’t like Mercury got much of a chance to talk to him about it, though. When Baron was home, he locked himself in his room. More and more often, he would be out with his school friends, or spending time with Penny. Danielle said they should be grateful that he was socializing of his own volition; Mercury wasn’t so sure. But, yes, for better or worse, Baron was socializing. He and Penny spent a lot of time together, enjoying the high that comes with a new relationship. It was towards September (before they went back to school) that she finally confided in him about the problems she had with her father. Though he did conceal it well at the time, Baron was furious. Here was this wonderful, lovely, and as far as he was concerned, perfect girl, and she was being hurt. Hurt by someone who by societal decree was meant to take care of her. And the man hurting her was going unpunished. More than that, he was wealthy and well-known, revered by his colleagues in the medical field. Where were all the self-righteous heroes? Why was nothing being done about this? What, they can take down giant monsters, but not monsters who looked like model citizens? ... Before this, Baron had wanted to be a villain because heroes were boring and too bound by rules to be worthwhile. Those reasons still applied, but now, heroes were also inefficient. The more he looked into it, the more he saw the problems with the world that went largely ignored by ‘superheroes’. The government was corrupt. So many crimes went unpunished. The world was broken and cancerous and needed to be fixed. Heroes either couldn’t or wouldn’t fix it. What kind of boyfriend (and later, husband and father) would he be if he let his girlfriend (and later, wife and son) live in a world that was so cruel to her? To everyone? No, he had to change things. Like an overgrown forest, burn down the old to make way for the new. He wasn’t a villain for kicks, any more. He was a villain who thought his cause righteous, and that is a dangerous thing. -> He was also a villain who was still in high school. Even if he had his delusions of grandeur set, he did want to graduate. So, he attended classes. Still spent time with his school group, and, of course, Penny. He joined her closest friends in convincing her to move out of her parents’ house and live with her grandfather, instead. Baron had personally met Penny’s father only once, and did not like him at all; Penny’s grandfather, Peter, was- Passable. Nothing special, but nothing bad. And she seemed happier with him, which was all that mattered to Baron. He studied for exams, just like everyone else. He’d have a table at the library with a few of his crowd, where they’d compare notes or otherwise sit in silence, reading. He and Penny went to Homecoming together. When the drama department announced the school musical, Oklahoma, Baron, of course, jumped on the chance to act in it. He’d always be a theater kid at heart. He went up against a few people for the lead, but none of them would ever prove to be nearly as impactful on his life as one Steve Stronghold. Neither of them really knew it at the time. All Baron knew was that Steve looked especially miffed at not getting the lead, and Baron himself felt quite smug to be the star. He found out relatively quickly he could get a smile out of Penny with renditions of ‘Oh What A Beautiful Mornin’’, and he absolutely abused this fact whenever he could. Out of a mix of spite and pride, Baron began referring to Steve by the nickname ‘Understudy’, which never really went away. He thought the play went well. Another cast photo to go on his wall. His parents went to the opening night, and though he basked in their praise it didn’t do anything to change his opinions of them. Penny went on the first and last nights, Saul went on the first and second (it ran for five days, standard school week), and the theater kids Baron had often surrounded himself went to at least one performance, assuming they weren’t in the play already. Baron quite enjoyed the full-page feature in the yearbook, and the interview for it. Attention was always something he loved. When friends asked him to sign their yearbooks at the end, instead of signing on the back page like everyone else, he’d sign on the shot of himself in costume. Flourish the letters and everything. Nobody was all that surprised. He invited Penny to his year’s prom. She agreed... On the condition that he finally get a hair cut. He would admit to being taken aback by this; He’d had the perm for so long, he’d gotten used to it. So, he said nothing, only thought about it for a moment, nodded, and climbed on the bus to go home. He wouldn’t know until later that Penny had been sure he was upset with her. He hadn’t really been thinking about that, at the time (and he’d kick himself for it later). He was only thinking about what style to try this time. He went out, got his hair cut much shorter and straightened. His parents were very pleased; They thought he might finally be growing up. Until, that is, Baron looked them dead in the face and told them that he’d done it ‘to impress girls’. Mercury didn’t know why he was surprised, but- At least that was a ‘normal teenage boy’ reason for doing things, so he didn’t complain much. And it was a nice haircut. Penny also thought it was nice. Most people who’d been standing next to her at the time would tell you she looked about ready to faint. Baron was satisfied with this reaction, and considered it a victory when she finally agreed to let him take her to prom. He and Saul borrowed Saul’s uncle’s plane for the trip, and were quite pleased with themselves for it. Though it was the first one he’d been to, Baron thought it was a good prom. He and Penny were practically joined at the hip for the entire event. There was decent enough music, decent food, and some joking toasts made to their time at Sky High. At some point, as usually happens at proms, someone spiked the punch, and Baron was fortunate to notice the taste before he’d had more than a sip or two; He joined the rest of the student body in trying to speculate who was the most likely culprit. The top contenders were Troy Barker, Madison Terry, and Coach Pacer. Baron never found out who did it, but he didn’t really care. He got Penny home safely at the end of the night, and then went home while Saul returned the plane to its original location. They got in trouble for the stunt the next day. They were too pleased to worry about the consequences. Besides, they were graduating by the end of the week! What could the school even do to them, anyways? (The answer, of course, was nothing. Which is precisely why Saul and Baron did the exact same thing when Penny invited them to her year’s prom, two years later.) -> Following graduation, Baron moved into the newest student residence at the University of California, Berkely (UCB), where he studied mechanical, aeronatuical, and manufacturing engineering. He’d gotten a decent scholarship to help him out, but his parents were more than happy to cover the finances. It was a good school, he’d worked hard to get there, and, hey. An engineer would do well in the company, so, even if ‘Matteo’ didn’t have any interest in running the family business, they could at least get him a position (and convince him to change his mind later on, perhaps?). Engineering was interesting. Very different from Mad Science class, though - nobody got shot by lasers at UCB. At least, not intentionally, and not the same kind of lasers. He’d still go back to Maxville when he could. Weekends, usually, to visit Penny and some of the high school friends he kept around. He preferred them to people from UCB because his high school friends were all fellow supers, so he could use powers around them. He preferred his university classmates because they could talk about engineering as much as they wanted without causing confusion. As soon as he’d finished moving into his dorm and got settled in, he set about getting his name legally changed. A lot of people he’d gone to school with didn’t actually know his birth name, and he hadn’t introduced himself to anyone at the university as ‘Matteo Marcantonio’, so it wasn’t very difficult. He never really told his parents, either. Part of the whole thing was to distance himself from them, but, also, he just didn’t think it was any of their business. He was an adult. He could make his own choices. -> University kept him pretty busy. As in all of his endeavors, he was determined to succeed. Moreover, he was determined to surpass as many people as he could. If you asked about it, he’d tell you it was, in part, a pride thing. (Most things with him were a pride thing.) So, most of his early ventures into real-world villainy took place over holiday. Small things, at first. Robberies in banks out of Maxville, forging a few documents here and there, that sort of thing. Done outside of his eventually trademark armour, because although Baron lives for attention and acclaim, he’d decided he wasn’t quite ready for the world to know his name. ... That, and he didn’t want it to interfere with his proposal. -> He and Penny had been dating for about four years by this point. She was finishing high school and debating future plans, he was getting ready for his third year of study. While Baron had left most religious ceremonies - and societal laws and customs as a whole - by the wayside, he did think marriage was important. Moreover, he worried if he didn’t ask, somebody else would. So, he called Saul and told him at, if Penny were to call looking where he is, to say he was studying for an assignment, because he wouldn’t be around to answer the phone, since he was going ring shopping. Okay, Saul said, he understood. Barry’s ‘studying’. What neither of them knew was that Penny had found out that she was pregnant a day or so before, and had been working up the courage to call Baron and let him know. So, she called his dorm a few times, then Saul, when she didn’t get an answer (Saul wasn’t in university at the time, but most people who knew the two of them knew that Saul was usually an accessory to Baron’s schemes). Saul, for his part, stuck to the story. Barry’s got a project due, and you know how focused he is, Pen. Hasn’t been answering my calls, either. Okay, she said, she’d try again later. (Baron, of course, was not studying; he was at the second or third jewelry store he’d been to so far. He was being very particular about the ring. It had to be perfect.) So, she called again later (she was getting increasingly nervous) and caught Saul right as he was heading out to pick Baron up (he was going to drive him back down to Maxville to surprise is soon-to-be fiancee). As he wasn’t really paying attention, he’d mentioned off-handedly that he’d let Barry know Penny called when he ‘pulled up’. Why did he need a car if he was studying, Penny asked. Shit, Saul thought. He flubbed something about Baron having gone to a library for a study guide and hung up pretty quickly after that. He decided not to mention this to Baron. Saul drove them back to Maxville that night, and Baron crashed on his couch (as they had both been too tired after the drive to bother getting proper accommodations). He showed up on Penny’s doorstep the next morning, asked her grandfather to speak with her, and simply explained that classes had been cancelled that morning when she asked what he was doing there (they had been, and he refuses to take the blame for it, though it may have been entirely his fault). She was, as he’d hoped, very surprised to see him. He took her out for the day. They went to a park, then out to lunch, then to the arcade they went to on their first date. They spent all of the tickets they won on candy and a handful of cheap plastic rings. They were walking along the coast on the edge of town, and Baron was just about to say that he’d gotten another ring for her when she blurted that she had something she needed to tell him. He said that he needed to tell her something, too. She told him to go first, so he did, and of course she said yes. He was thrilled, though the moment was admittedly sullied when she exclaimed “so THAT’S what Saul was picking you up from!”. But, she was too happy and the moment was too important for him to care about it for too long. After the (initial) high had died down, he asked what her news was. That’s when he found out he was going to be a father. It took him a moment or two to process it, and, yes, he was surprised. He’d always known it was a possibility, sure, but still. He wasn’t used to being caught off-guard. It took a moment for his brain to reboot, and after that, he was excited. Flustered and excited. A father! Him! They were going to have a family! And he- He... He had no idea how to raise a child. But, he wasn’t going to let that stop him. He dropped out of university the next day, and Saul once again helped him move furniture - out of his dorm, this time. His parents weren’t happy. They thought he was throwing his life away. He thought it was bold of them to assume he gave a damn what they thought and promptly cut all ties with the two of them. He had a new family, now, and one he liked so much better than the old one. He got a job at a local used car dealership, and, though he hated it, he had to admit that he was decent at it, it brought in money, let him be much closer to home, and left plenty of free time for other activities. But what really brought in the money was his- Personal endeavors. It was about this time that he really started developing and finalizing his eventually trademark armor. He and Saul also worked on upgrading their hideout to be a bit bigger. He had plans. As overconfident as Baron may have been, he was well aware those plans would require help. Even Alexander the Great had an army, after all. There would be many ‘lesser’ villains and even some non-supers who would join the Battalion (as they grew to call themselves), but most weren’t all that important, in the grand scheme of things. Some of them would end up dying. They came and went. He didn’t start seriously recruiting until after Warren was born. -> Baron was, of course, present when his son came to the world. He was thankful for his invulnerability, as, otherwise, he thought Penny might’ve broken his hand. He didn’t complain, though. He knew he had it easy by comparison. He’d be lying, though, if he said he wasn’t internally panicking - it was a grueling few hours. On August 18, 1990, at 3:42 in the afternoon, Warren Edward Peace was born. The doctors held him first, of course, then Penny, and then Baron. To see him at that moment, you’d have no idea he’d become one of the most ruthless and feared villains in recent history. (”One of the worst,” as the Commander would later describe him.) There was no visible trace of ‘that’ Baron in the hospital room. You’d only have seen a tiny, squirmy new baby, an exhausted new mother, and a new father who was visibly enamored with the both of them. He had his family, now. And he was going to give them the world. -> It’s not easy balancing supering with parenthood. Especially not when your significant other is also a super. Baron had his self-assigned purpose, and he was determined to see it through, so he had to do some serious scheduling. A lot of passing off jobs to the best-suited underlings. By comparison, acting, engineering, and everything else he’d done in his life was simple. But this was his son. He wouldn’t give him up for anything. After a while, Penny went back to work (her aunt had helped her get a job in a psychologist’s office) and Warren was old enough for a sitter while his parents were away. That made things easier. Warren was about three years old - Baron was 23 - when Baron and Saul forcibly took over one of the smaller smuggling rings they’d caught wind of. ‘The Corneli Syndicate’, they’d called themselves. Most of them weren’t too happy with these newcomers, so it was a pretty bloody skirmish. Baron didn’t kill all of them, though. He left a few alive. The most important of the survivors was a young man named Thomas Wilfred Monroe - ‘Tom’, ‘Tommy’, or ‘Monroe’ to his friends. He’d originally been brought into the gang as a drug mule, until his superpowers were brought to light. Tom is a walking pocket dimension. He was invaluable to their operation. To prevent him from squealing, his former bosses had mutilated his tongue. (Later, people would assume Baron had done this. Tom would always scoff at this with a “Barry? Yeah, righ’ ”.) He could still say some things, but ‘S’, ‘T’, ‘N’, ‘TH’, ‘Z’, ‘D’, ‘CH’, ‘SH’, ‘X’ - those were off the table for him. To combat this, he usually carried around a pad and pen. Yes, he knew ASL (had gone out of his way to learn it), but not many other people did. Baron quickly decided the method of writing everything down took way too long and was frustrating, so he dragged Saul off to the first sign language course he could find. From that point on, it became a well-known rule that if you’re in Baron’s personal vanguard - one of his ‘favourites’ - you have to know how to sign. No ifs, ands, or buts. Baron found Tom’s presence made so many things so much easier. Metal detectors no longer mattered. Security searches were a joke. Even the size and weight of things he wanted to steal no longer mattered (to an extent). This meant that the Battalion quickly got a lot of money through nefarious means, but nobody could figure out how they did it. With the increase of success and wealth, word spread quickly in the network of villains, and Baron became even more of a cult figure than he’d originally been. It soon became a trend for those hoping to earn his respect or prove their loyalty to burn the letter ‘B’ somewhere onto their body - usually the back of the neck, behind their ear, on their chest, or the inside of their wrist. Baron, for the record, hated this. Not because he was worried for their well-being; he didn’t care about that. No, he hated it because, if one of those idiots got killed, or worse, caught, it could link them directly back to him. There was a difference between his deliberately showing off or making an appearance during a crime, and someone screwing up and blowing his cover. He did what he could to put a stop to this. Incinerated a few of the more vocal supporters. But, he was never able to get people to stop entirely. The act of ‘branding’ oneself rose to prominence again, oddly enough, after Baron was arrested. Rumors still survive that Baron himself would do the branding, once you passed the Battalion’s initiation, but this is, of course, false. -> With the increased notoriety came an increase in people trying to put a stop to him. There were many would-be heroes going up against Baron, but one of particular note was a young man named Anthony Atwood. Officially, he’d been known as Surge. He’d been graced with supernatural reflexes and agility, as well as the ability to channel kinetic energy. ... He had not been graced with supernatural fire resistance. A fun fact about this fight is that, prior to it, Baron’s armor did not feature a cape. The singed, tattered, and torn cape Baron would later be seen sporting was a trophy from his victory against Surge, which he kept due to a self-proclaimed ‘mixture of sentiment and vanity’. He had to admit, it did look great, and it had such wonderful memories attached to it. -> On the opposite end of Baron’s life were Warren and Penny. Warren, by this time, had already begun to show his powers. Baron was beyond proud. A pyro, just like him - and developing his abilities so early on! He was over the moon. Yes, it did complicate things to have a toddler who could spontaneously combust. Fortunately, both Baron and Penny’s powers were suited to deal with this before it became too dangerous of a problem (though it did make finding sitters a bit difficult). Baron was already looking forwards to sharing all he’d learned about pyrokinesis/pyromancy with his boy. He arranged to have the garage lined with concrete, and have some proper ventilation installed, so they could have a safe place to explore what Warren could do. Penny thought this was a great idea. She wasn’t surprised, f course, but she was glad Baron took to Warren’s powers so well. There was no way she’d let her little boy grow up the way she had. Also, a place for Warren to let off steam without singing the new carpet? Yes, please. She and Baron had been married for about three years, now. (It had been a small ceremony, at a local church. A handful of close friends. Penny’s grandfather and great aunt, and nobody from Baron’s family, though Mercury and Danielle did send a wedding gift which arrived a day late.) Some people had their doubts about the relationship. Baron knew this - a lot of them weren’t very subtle. He didn’t care, though. As far as he was aware, they were happy. Warren was getting ready to start pre-school. He was a bit nervous about school. Baron and Penny were a bit nervous about sending their flammable child out into the world. Baron was sure he could get a man or two into the school system to mitigate any potential damages that may arise. Penny told him this was kind of extreme, and she was sure things would be fine (though she may have considered taking him up on the offer). Instead, they had a series of talks with little War about the right time to use his powers, and how it was a big secret and he couldn’t tell anyone at school. They drilled it into his head like they drilled in stranger danger. Baron had, by this point in his life, memorized the Mr. Rogers theme song, and could probably recite a number of children’s stories by rote from all of the nights spent reading Warren to sleep. He knew about how low he had to stoop down to catch Warren when he tackled Baron after work (the height changed based on jumping variables). He knew Penny’s favourite baseball team (the Maxville Meteors), and bought her tickets to one of their games for their anniversary. He’d never understood the sport, himself - he was more of a soccer fan - but she enjoyed herself, and that made it worth it, to him. Warren was left at home for the game, with Saul, and Penny’s sidekick, Millie, keeping a close eye on him. Baron didn’t mention this to Penny, but he absolutely had some of his more doggedly loyal henchmen wandering the neighborhood on standby, just in case. He was sure she’d say it was ‘excessive’, but, he was allowed to be worried about their son, right? That’s what good parents did. And every moment spent being a parent, being a husband, stirred conflict in his chest. If he would ever meet his match, what would happen to them? What would happen to him if he lost them? It wasn’t that he had lost sight of his cause. He knew exactly what he was fighting for. He was fighting for mornings spent singing along to the radio with Penny while they made breakfasts, for summers spent at the city fair with Warren on his shoulders, for nights spent with his wife in his arms and his son against his chest and winters spent building snowmen and warming up with cocoa and crackling fires, and he was fighting for a world that deserved his family. It wasn’t that he’d suddenly grown a more functional conscience, either. He didn’t regret killing Surge or any of the other heroes who stood in his way. He didn’t regret wiping out other villains who had challenged his authority or posed a threat to him and his. He didn’t regret any count of theft, or smuggling, or arson, or any of the other countless charges he could’ve accumulated, if he got caught. Why should he? But there were doubts beginning to form. At the time, he thought the solution was simple. Become the most powerful superbeing the world has ever known. Powerful politically, powerful financially, powerful martially, powerful in terms of his own abilities. If he could do that, then, what would he have to worry about? What would his family have to worry about? That would solve everything. (Right?) -> He didn’t let on about any of these doubts, though. That would be weakness, which was intolerable in the villain community. He would be lax around Saul, since they’d known each other since high school. And, of course, the higher in the ranks you were in the Battalion, the nicer a boss he seemed. Sure, they all knew he’d kill them if it fit his purposes, but so would any villain, and at least he wasn’t a jerk while you were alive. And he paid well. But being superficially charming wasn’t weakness. Winning loyalty amicably wasn’t vulnerability. And giving people a reason to follow your every beck and call wasn’t airing your anxieties. Hell, he didn’t even know that’s what they were, at first. He’d never had much reason for introspection, before, and especially not since high school. He was Baron Battle, after all. Undefeated, widely feared, already terrifically powerful, basically a cult icon in and of himself, and he had been unwavering and sure in his goal to burn the world to the ground ever since that summer night when Penny had sobbed into his chest that she was afraid to go home at the end of the day. The world was still broken, still corrupt, and he still had work to do. And, hell, it was fun and it was liberating to be his villain self. A persona bound by no rules but his own, beholden to no gods nor kings nor laws of nature. And he was good at it. So, what was this, all of a sudden? He didn’t know, and, as stated before, he kept it to himself, but it always stayed in the back of his mind. Perhaps, then, that’s why he decided to launch his first major foray into politics across the ocean, far away from Maxville, just in case. He’d told his underlings that he was taking a ‘select few’ of them (read: Saul and Thomas, mostly) to England because there was someone there he’d ‘had his eye on’ for a while. While not a complete lie, this would hardly have been a good enough reason for Baron to leave all on its own. He could find patsies and proxies anywhere; they were a dime a dozen. But, this was an experiment, so he wanted to conduct it away from home, to be safe. Why England? He’d just watched 101 Dalmatians with Warren the night before he decided to do this. That, and a while back he’d seen a documentary about some Italian artifacts that were being held in a British museum. Why not be a bit patriotic, bring them back home? ... Or, back to the Barracks, if he liked them enough? Besides, the England election was sooner than the American one, and he didn’t want to wait for too much longer. So, it just made sense to him. So, he packed up some equipment and his men, told his family it was a ‘business trip’ (he’d worked his way up the corporate chain of the dealership, so this wasn't too far-fetched) and that he’d be back soon, and packed off to England. A few noteworthy things happened there. Firstly, he did end of raiding a museum or two. Most of the things he stole did find their way back to Italy (with help from Thomas Monroe, of course), though he did take back a few vases and an old sword or two for the Barracks (also with Thomas’ help). He was challenged by a handful of local supers, too. The first was a flier, Courtnie Smith/Peregrine (KIA). Then came Declan O’Dare/Anvil, who controlled metal (KIA). Travis Porter/Warpdrive, who could teleport (KIA). Ava Hart/Lady Luck, an empath (KIA). Jack Miller/Top Dog, super strength and the ability to eat literally anything (KIA). Most of these fights occurred during his ‘trips’ to the museum, but, once word spread that there was a supervillain afoot, superheroes would flock to try and put him down. The very last one, Kevin Masters/Mr. Amazing (KIA; from what Baron could tell, his power seemed to involve being very good at jumping) had actually managed to tack Baron down to where he was staying, and picked a fight in the middle of Baron packing to go home. That had been annoying. Of course, they weren’t the only supers Baron met during his trip. He just so happened to run into Lester ‘Les’ Lowinski (’Leech’, later on; a siphon who could absorb and redistribute pain and injury) while prowling the darker parts of Liverpool to meet with a contact. Lester was a down-and-out former factory worker who’d found himself rendered obsolete by the ‘miracle’ of innovation, and, y’know what? Tearing the country apart sounded like a damn good time. So he joined the Battalion - rather informally, but nobody cared. Saul didn’t like him at first, but Thomas, with a bit of translation help, seemed to get along with Lester fine, and set about helping him with the whole ‘learning sign language’ rule. Lester would go on to become one of Baron’s chief interrogators. He earned his stripes during the political sabotage Baron engaged in. While Baron’s chosen candidate didn’t technically win, enough politicians and people of interest had been compelled to ‘see things his way’ that he didn’t care. As far as he was concerned, he’d still gotten control of the government, and that’s what he’d set out to do. He’d learned a thing or two which he thought could help, should he decide to replicate the experiment elsewhere. Having felt he’d spent enough time away from home, Baron returned to Maxville, joined by Saul, Thomas, and Lester. It was good to be home. -> Warren was six years old when Baron finally figured out what the nagging doubts were. More and more often, he found his mind wandering away from the war table. It was hard to focus on taking over the world when he kept wondering how Warren was doing at school, or whether Penny was having a good day at work. Perhaps it was that villainy was no longer as much of a challenge as it had once been, that he was growing bored, or perhaps it was that he’d simply come to terms with the fact that he valued his family more than his infamy. Either way, he decided that he was ready to retire. Not completely, of course; he’d always want to operate from the shadows. Kept things interesting, and kept money coming in (And Penny had been talking about going back to school to get a degree, so he wanted to make sure that stayed a possibility). But he thought he was done with all the flashy, take-over-the-world business. He had more than enough power to protect his family, and it had gotten boring. He’d much rather be spending time at home. Perhaps he’d go back to it, someday, but for now, he was done. He told as much to Saul, Lester, and Thomas, who still remained his three favourite subordinates. He also told them what he planned to do about it. Just saying he was retiring and stepping down would be dangerous. He didn’t want people to come looking for him. No, it would be much more effective - not to mention more fun - to oh, say, fake his own death on national television. (He’d always had a flare for the dramatic, after all.) So, he worked out a plan to stage a public assassination attempt on the president, have a small-time hero show up (they had a few in mind), fake his downfall, and escape. Maybe take Warren and Penny on a vacation after, to be safe with the illusion. (Besides, Warren’s birthday was coming up, so he could play the vacation off as a present for his son. And his retirement, well- That’d be a present for all three of them.) It had all been going flawlessly. Baron briefly toyed with the idea of actually killing the president and instating himself, and whether or not he could convince Penny to go along with that-- -> And then the Commander appeared. -> He hadn’t planned for that. He’d been planning on someone... Lower on the ranking list. But he could make this work.He could figure it out. Tar Steve’s flawless moral reputation with a murder in the process. That’d be fun, right? ... It didn’t work out that way. The exhaustion in his voice was just as alien to him as the concept of actually losing when he spoke. He was Baron Battle. He didn’t lose. He just didn’t. Except, apparently, he had. He told Steve not to take off his mask (’Don’t do that to my son, Stronghold’), and in the same breath swore to kill him. (He might not have known how, at the time, but he was sure he could figure it out, given enough time. And soon, time would be the only thing he had.) The day before his son’s seventh birthday, Baron Battle was sentenced to a quadruple life sentence at the Northern Alaska Penitentiary for the Supernaturally Enabled. No chance of parole until his third life. In short, he was never getting out. But if he ever did, he thought to himself, he was going to reduce the Commander to a pile of ash. Steve had taken EVERYTHING from him. His power. His fame. His freedom. Most importantly of all, his family. As far as Baron was concerned, Steve Stronghold was the reason he would never see Warren or Penny again. Steve Stronghold was the reason his son would grow up without a father. If not for the power-negating properties of the room he was in, that thought alone would have made the entire courthouse burn to the ground. -> It’s been eight years since that day. Eight years of solitary confinement. Eight years of having been deemed criminally insane, and too dangerous to mix even with the other inmates. His only contact, outside of the letters he’s been permitted to exchange with Warren and Penny, has been with jailers (particularly, one Warden Maxim Stanislav Magnus, a former super known as ‘Ghostwall’ with a personal grudge against Baron) and the facility’s psychologists. Antisocial Personality Disorder, they say. An extreme case. So textbook and so painfully stereotypical they’d almost think he was faking it, if he wasn’t who he was. The one thing that they can’t explain away in that diagnosis is his relationship with his family. Long-term, committed, and by all accounts, mutually happy and beneficial. That didn’t fit the bill for APD. Baron disagrees with the diagnosis, but of course nobody cares. It’s this discrepancy that’s made him such a fascinating subject for so many psychologists in the know. It’s also what’s stopped him from trying to break out. Does he think he could do it? Oh, probably. It might even be fun. But he worries what his freedom might mean for his family. ... Even so, it’s been eight years. The urge to see his son growing up, hear his wife’s voice, hold his family in his arms and melt Steve’s eyes from their sockets has been growing every day, and it’s getting hard to ignore. And he swears, if he has to put up with one more chunk of ‘bread’ so stale you need to drown it just so it’s edible, he’s going to kill a man. -> Maybe a few of them.

THEME SONG: From Now On - Ramin Karimloo | Confrontation - Anthony Warlow | Let ‘Em Burn - Nothing More

QUOTE:

Barry: I’ve raised armies to my beck and call. I’ve killed people who were supposed to be invincible. I almost took over the world on a whim, people the world over fainted at the sound of my name. But nothing I’ve ever done has made me as proud as being your father. Warren: (Avoiding eye contact) Even if I’m not a villain like you? Barry: What? No- You don’t have to be a villain. I’m not making that choice for you. Warren: I don’t? Barry: Of course, not. You’re old enough to figure out what you want for yourself. If you want to be a villain, great, wonderful. I’ll do whatever I can to help you. If you want to be a hero, I’m sure your mom will be happy to teach you the ropes. Or, hell, you could do neither if you wanted. Be a chef, be a psychologist, be whatever you want. But no matter what you do- I know you’ll be wonderful. Warren: ... Barry: You’re something special, Warren. Really special. And, I know- I’m your dad, I’m supposed to say that. But I mean it. You’re going to make a mark on this world, son, and I’m sorry I wasn’t there to see you start off on it. But I’m here to watch you burn, now, and I promise you right now, that’s not going to change again. I’m not leaving. Warren: (sniff) Yeah. Barry: ... Alright, come here. Before you make me cry. Warren: .. Barry: ... When did you get so tall? I guess we-- I, have a lot of time to make up for. Eight years really does make all the difference. Warren: Yeah. I- ... Yeah. Barry: It’s okay, Warren. Everything’s going to be okay, now. Saul: What’s the plan, Baron? Baron: Well, call me old-fashioned... Thomas: Yeah? Baron: I’m just going to kill him, and make him watch. Has the security been disabled? Saul: Locks and alarms, yeah. Vault and I are just finishing up on the cameras. Baron: Leave them on. Let Ms. LaFrance see this, too. She needs to learn what happens when people make things difficult.

#long post //#;r: miss you more than I should (Ｂａｒｏｎ　Ｂａｔｔｌｅ)#;extinguished (ｏｕｔ　ｏｆ　ｃｈａｒａｃｔｅｒ)#;student record (ｈｅａｄｃａｎｏｎｓ)#death mention //#violence mention //#body horror mention //#face horror mention //#mouth horror mention //#mouth trauma mention //#face trauma mention //#eye trauma mention //#eye horror mention //#prison mention //#abuse mention //#cussing //#ask to tag #w h oo boy this took forever #baron heckin battle ladies and gentlemen

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coprelawland · 4 years ago

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Paris Climate Agreement And The Law

By Brigitte Arcoite, Colorado College Class of 2024

April 17, 2021

When former U.S. President Donald J. Trump formally backed out of the Paris Climate Agreement the consensus of environmental scientists, policymakers, and citizens alike was that our country was taking a step in the wrong direction. Could it be that President Joseph R. Biden Jr.’s recent re-entry into the agreement is yet another step backward? Would it have been more economically, environmentally, and even politically powerful to stay out of the Paris Climate Agreement?

Staying true to his commitment to a comprehensive plan for climate action, Biden reentered the U.S into the Paris Climate Agreement mere hours after his inauguration. This comes after Trump’s repeated disavowal of the agreement and contrarian stance to the commonly accepted reality of climate change.

Trump pulled out of the Paris Climate Agreement on November 4th, 2020, which was the earliest possible date allowed—four years in fact after the ratification of the agreement took place. While this means that there were only about two months of the U.S. missing in action, this absence was nonetheless a devastating loss when it comes to demonstrating our role as an international leader in the fight against climate change.

More severely, Trump’s de facto removal of the U.S from the agreement at the start of his term in January of 2017 means that there was very little intention in implementing the nationally determined contributions (NDC) of pollution reduction that the U.S. had committed to in the agreement.

Although the reality of combating climate change demands consistent and immediate action to reduce the number of greenhouse gasses being pumped into our atmosphere, the Paris Climate Agreement unexpectedly does not bind countries in their NDC targets. This genuine lack of necessity to commit to reductions is surely a regression from previous international climate agreements such as the Kyoto Protocol which is “a treaty with binding and precise obligations” [1].

It is fair to note, however, that even with these obligations the Kyoto protocol was highly unsuccessful in incentivizing nations to reduce their pollution outputs for the simple reason that sanctions against non-compliers were not strict enough. Peter Lawrence and Daryl Wong use the definition, “‘soft law’ as a shorthand to refer to obligations that are not legally binding under international law, as opposed to ‘hard law’ obligations, which are” [1].

As described in the same research article “Soft Law in the Paris Climate Agreement: Strength or Weakness?”,“It is striking that when States wish to ensure changes in behavior, treaty instruments containing hard obligations have been considered to be more likely to be effective” [1]. In the same way, “Studies have shown that non-compliance can be minimized if States suffer high reputational costs for non-compliance.”

The answer should be clear then: implement both non-compliance procedures and binding obligations into the Paris Climate Agreement.

Unfortunately, such a complex reality is not so simply solved.

The fact of the matter is that the non-binding component of the agreement was intentionally implemented with the encouragement of the U.S. executive at the time, former President Barack Obama. It might seem counter-intuitive that Obama, a leader open and willing to take action on climate change might promote a contribution to the treaty that only comes to produce a negative overall effect. However, there are a couple of political explanations for this motivation.

Simply put Obama did not have a democratic majority in the senate.

Thinking back to our high school civics class, the U.S. Constitution states that the Senate has the power to approve (or in this case disapprove) of a treaty with a ⅔ majority. For this reason, any addition of a legally binding contribution in the agreement would likely have caused the agreement to have been struck down in the senate. Strongly valuing the U.S. involvement in a comprehensive climate action plan, the United Nations Framework Convention on Climate Change (UNFCCC) chose not to include such obligations in the framework.

In all reality, the Paris Climate Agreement is not truly even a treaty for the very reason that it lacks any hard-law obligations. As Sean Sweeny notes, “The international legal gold standard is a treaty, a binding document that can be enforced by courts and arbitration tribunals… The Paris [Climate] Agreement is none of these things” [2].

One might wonder whether there might have been more of a positive impact if the agreement had included a legally binding contract without the support of the U.S.

To this point, one must remember that the U.S. is one of the largest contributors to greenhouse gas pollution. In order to make a discernible impact in reducing global temperature rise to the scientifically recommended 1.5℃ cap, there is no question that the U.S. must be a contributor. Certainly, if we did not sign on, both highly developed and developing nations alike would have found little incentive to sign onto an agreement lacking in unanimous support.

For so many reasons, the Paris Climate Agreement is groundbreaking in what it attempts to implement: in acknowledging a specific target of temperature rise reduction (1.5℃), in its provision to provide climate financing to developing countries, in its commitment to reviewing country’s NDC’s every five years, and in its unanimous international support–in fact, nearly every country in the world has signed on.

But that is exactly what is at the heart of the issue here. Its soft-law groundwork means that no matter what, the agreement can only attempt to achieve each of these goals. It is essentially a rubber-stamp that allows the status-quo to chug on with little consequence. The issue of the Paris Climate Agreement is less about polarization between any one political party and more about a continuance of the elitist policy that benefits a few at the expense of many.

Among other issues, the language of the agreement is severely non-inclusive. For such a groundbreaking framework, it is very uncritical of the causes that got us to this position in the first place. Take for example Clause 8 in which the Conference of the Parties (COP) 21 decision of the UNFCC clarifies, “The Agreement does not involve or provide a basis for any liability or compensation.”

The Paris Climate Agreement has both moved us “away from binding (hard) obligations and a notion of redistributive justice” [1]. Despite the fact that binding obligations would be most conducive in promoting climate justice, the choice to stick with a soft-law framework in the agreement will undoubtedly disenfranchise already marginalized communities. It is well understood that climate change and ecological destruction like all other publicly shared problems tend to impact Black, indigenous, and Latinx communities first and far more tragically.

While the agreement intended to have industrialized countries like the U.S. aid underdeveloped countries in sustainable growth through a “collective contributions” fund, the progress of this objective is lacking. “Collective contributions continue to fall short [of the $100 billion targets, reaching approximately $79 billion in 2019” [4].

In the same way, few countries are on track to meet their NDCs, and those few are certainly not those highly-industrialized nations whose emissions reductions matter the most. Even if each country did manage to match their optimistic annual limit, we would still be facing catastrophic temperature rise. In fact, this is because of the soft-law policy and the fact that countries are allowed to choose their NDCs.

Take for example the fact that “China declared that it would aim for carbon neutrality by 2060 and submit an enhanced NDC for 2030 in line with this goal; China also aims to peak its emissions by 2030” [5]. Again, the word aim seems far too hopeful for a time when disaster is right around the corner. China is not the only contributor to the problem.

“Together, these countries [100 consignors of the Paris Climate Agreement] represent 63 percent of global emissions; if they achieve net-zero emissions, it might be enough to limit global warming to below 2 ̊ C by 2100, but it is still not enough to limit it to 1.5 ̊ C” [5].

There is hope though.

Currently “the emissions reductions that are expected as a result of economic impacts of Covid-19 in 2020 would, in terms of percentages, need to occur every year from 2021 until 2050 to meet the 1.5 degrees Celsius target” [2]. Does this necessarily mean that any attempt to reduce greenhouse gas emissions will create a drastic drop in annual GDP? Certainly not—not only will this maintain future economically and ecologically valuable resources which will save trillions of dollars in GDP loss, but it also has the opportunity to fund new industry and regrowth.

I return now to my original query. Would it have been more economically, environmentally, and even politically powerful to stay out of the Paris Climate Agreement? Would it have been possible to amend the agreement? “An amendment to the Paris Agreement is technically an option, but unlikely to be politically feasible” [1].

We can hope that Biden will stay true to his word and implement a progressive climate-based policy that puts the U.S. on track to limit its greenhouse gas emissions as soon as economically and scientifically possible. But we can also practice our lawfully given freedom of speech and tell that same government what we would like to see.

The Paris Climate agreement is powerful in the fact that it opens up a global conversation about an issue that has been swept under the table for far too long. If we are not careful with the law and language at its core, though, we could end up seeing the same reality repeating itself.

______________________________________________________________

[1] Lawrence, Peter, and Daryl Wong. “Soft Law in the Paris Climate Agreement: Strength or Weakness?” Review of European, Comparative & International Environmental Law, vol. 26, no. 3, 2017, pp. 276–286., doi:10.1111/reel.12210.

[2] Sweeney, Sean. “Five Years On, the Paris Climate Agreement Needs an Overhaul.” New Labor Forum, vol. 30, no. 1, 2021, pp. 102–109., doi:10.1177/1095796020980166.

[3] “Outcomes of the U.N. Climate Change Conference in Paris.” Center for Climate and Energy Solutions, 4 Feb. 2020, www.c2es.org/document/outcomes-of-the-u-n-climate-change-conference-in-paris/.

[4] February 19, 2021 Melissa Denchak. “Paris Climate Agreement: Everything You Need to Know.” NRDC, 19 Feb. 2021, www.nrdc.org/stories/paris-climate-agreement-everything-you-need-know.

[5] 4, Renee Cho |February, et al. “The U.S. Is Back in the Paris Agreement. Now What?” State of the Planet, 12 Feb. 2021, blogs.ei.columbia.edu/2021/02/04/u-s-rejoins-paris-agreement/.

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toonpunk-game · 4 years ago

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Fluff Updates 3: Some characters

And finally for today, a few default setting NPCs for use by bored GMs.

High Noon

Accent: Hardened cowboy

Likes: Poems, ballads, whiskey, big hats

Prop: Cigar, revolver, journal/sketchbook

Dislikes: Society, civility, cities, government

Demeanor: Sullen, bitter, fits of manic energy

Hobby: Whittling, Guitar, Card games

Vocabulary: Folksy anarchist revolutionary

During the late 30s to mid 50s, one of the most popular adventure magazines in the comics industry was Wild West Adventures—a bi-weekly anthology devoted to Westerns of all varieties. The series featured several recurring characters based on existing folk tales, such as Daniel Boone or Paul Bunion; as well as new characters like Running Bull the Indian Brave, “Black” Jack Jackson the abolitionist, the enigmatic sorceress Billie Fish, and the mystical gunfighter, High Noon. Originally conceived as “the spirit of the wild west”, High Noon appeared in supernatural stories, frequently opposing notorious outlaws such as Black Bart, Jesse James, or John Wesley Hardin. While WWA was originally published by American Comics Co., the company’s bankruptcy in 1938 lead to their acquisition by the New England Press, which would become AC Comics just one year later. After this, WWA was re-launched as a monthly series.

In the 1940s, High Noon’s popularity with the GIs fighting in Europe lead to the book abandoning its anthology roots, and instead began focusing entirely on the serial adventures of High Noon and “the Longcoats”, a vigilante gang consisting of Running bull, Billie Fish, and several other characters. During this period, he often faced horror characters like vampires, werewolves, or Satanists; and simultaneously, his own supernatural abilities were downplayed in favor of more traditional gunfighting adventure material. By the time the war ended, though, superhero comics had begun to come into their own; and the introduction of the Comics Code Authority in 1954 made High Noon’s adventures entirely unsuitable for publication. WWA was unceremoniously cancelled 2 months after the CCA was installed; and High Noon would remain out of print for 30 years.

In 1987, fledgling writer Morris Allen produced The Dreamers, the legendary Eisner-winning graphic novel. In The Dreamers, High Noon received his first print appearance since the CCA’s founding, this time as an antagonistic figure. During the events of the comic, High Noon is shown to be immortal due to his status as a “spirit of the West”; however, he has grown disillusioned with America after serving in the Vietnam War, and carries out a string of elaborate bank robberies and assassinations to further a radical anarchist agenda. Ultimately, he is shot to death by his former companion—the superhero Captain Hope—following the assassination of Richard Nixon. His homepage comes from here, a scant few panels before his death.

High Noon was one of the first people to contextualize The Rabbit’s crime spree as a philosophical statement. He was also the first person to emulate it successfully, to the point that historians often remark him as the first “proper” toonpunk; even though he has never identified as such, and has actually expressed his distaste for the term at least once. Since I-day, High Noon has been more or less constantly active as a criminal element, with the average rest period between crimes being between three and nine months. The sole exception to this was a 20-year period during which he vanished entirely from the public eye; to date, he has never commented on this.

Usually, High Noon works with The New Longcoats: a group of similarly-motivated and similarly-skilled meat and inkmen, several of whom were originally parodies of or homages to him. These include High Moon the talking cow; Witching Hour, a horror-themed tongue-in-cheek send-up from Visage Comics’ Old Souls series; Chester Lillibridge, the psychotic antagonist from Darkness Over Deadwood; and the Illegitimate Lovechild of Calamity Jane and A Bear, who is usually just called “Lovely Jane”. The group is notorious for their politically-motivated crimes; rather than simply smash and grab, their crimes are often flashy and showboaty affairs, punctuated with the inclusion of pre-recorded messages or the on-site production of particularly outlandish graffiti. Most of these are meant to bring across a message—examples so far include “the fundamental immorality of late-stage capitalism”, “the self-defeating nature of society and law”, and “rock’s not dead”. Because of their ideological slant, they are often considered terrorists more than mere criminals.

Noon is an active fixer, planner, and perpetrator who works all around the world. In addition to the Longcoat gang, he frequently works with other gangs on a case-by-case basis—most commonly, he makes his services available to people with whom he shares ideological ground; and has been known to support or arrange multiple operations in a month, with several gangs at a time. Most commonly, he gravitates towards people who target governmental or megacorporate interests—which means that all you anarchists out there might just find a friend in him.

Alexxi ‘The Abattoir’ Penderghast

Alexxi is the most annoying kind of cop: a crazy one. The saying goes that Iron Man is the one you don’t want working your case, but Abattoir is the one you don’t even wanna meet. It is, to put it simply, a miracle that she is still employed: during her 220-year long career she has bounced around like a ping-pong ball between different cities, organizations, and planets: she’s worked on Earth, second Earth, Mars, Iarn, and the Chinese Ring—and she’s always left a long trail of bodies. With over 340 justified killings in the line of duty, 147 brutality complaints, and 134 miscellaneous internal affairs investigations, she has an underworld-spanning reputation as the dirtiest cop to never get caught…and worst of all, she does it just because she likes the work.

Penderghast began her life as the lead character in Delta Borealis, a promotional tie-in comic for an obscure line of novelty miniatures. As a “wyrd hunter”, she was responsible for hunting the distant corners of space for the servants of the Outer Gods—but in true antihero fashion, had forged a pact with each of those outer gods in order to use their own power against them. More shockingly still, despite affecting the air of a femme fatale, she was actually biologically male. In 1991, when DB was published, such a thing was more or less unheard of in the comics industry—and this move was daring enough to earn DB a small but devoted following. Either way, Alexxi’s characterization was simple enough to fit on a postcard: she does not like bad guys, but she does like performing gut-wrenching acts of violence upon them.

The comic also incorporated the excessive sex and gore which would come to be characteristic of poorly-made 90s comic books—but it so often appeared to be self-aware that contemporary critics were undecided on whether the comic was a work of clever parody or a truly brain-dead show of excess. Famously, Alexxi had highlight quotes from two different reviews of DB#3 tattooed on her shoulder blades: on her left, “a truly genius work of deconstruction, highlighting the absurdities and inherent folly of its source material” (att. Harold Green); and on her right, “a frankly appalling celebration of adolescent sexual repression, implying grotesquely stunted growth in both reader and writer” (att. Andrew Black).

Alexxi first incarnated in the Cork Inkish Incident, where she rapidly earned the gratitude of the Irish government by serving with the Thunderers. In the days after Bloody March, she continued to serve alongside the Irish Army—only leaving the country in 2048, after lasting peace was declared. As a courtesy, she—along with the other Thunderers—received an Irish/EU citizenship and an honorary BA in criminal justice from the UCC. Thus armed, she embarked upon a globetrotting tour of duty across Europe, Asia, and Africa…and a pattern soon emerged. When picking a new job, Penderghast didn’t seek out higher pay or greater prestige…she went specifically for high-crime low-income areas with underdeveloped government infrastructure. To put it simply, she went wherever she was going to be able to beat up a lot of people; and her track record meant she was more or less a shoo-in for any posting she wanted.

In 2298 she found her way to Saskatoon, on the tail end of two decades’ tour in Cob Country. She introduced herself in a suitably graphic way: her first ever beat walk ended with an octuple-arrest over a brawl in Lilliput, during which she reportedly “descended on the crowd like a bat out of hell”—breaking 2 peoples’ arms and concussing 4 others. She became a talking point among the locals after an incident in which she interrupted a rape in progress: the Saskatoon Tribune reported that she “disemboweled the perpetrator with her bare hands”; but an internal affairs investigation ultimately revealed that this was highly sensationalized: all of the perpetrator’s organs were still technically inside his body.

Outside of the field, Alexxi is known to be personable, polite, high-spirited, and ultimately a rather pleasant person. She is, however, distinctly unwilling to talk about her personal life before or after her homepage. Fate has afforded her a fair deal of privacy: due to a copyright dispute over the text of DB, it was cancelled after issue 3. The inventory of the last 2 issues was largely destroyed before publication, and only survived in extremely limited quantities. For now, only she knows what motivates her bloodlust…and you ought to be more concerned with avoiding her than with finding out what drives her.

Accent: Boarding School Received Pronunciation

Likes: Tea, stage magic, her 3rd ex, fashion

Prop: Various icons of nondenominational faith

Dislikes: Her first 2 exes, Welshmen, criminals

Demeanor: Posh, bubbly, outgoing

Hobby: Miniature soldier collecting/painting

Vocabulary: floral and colorful, many idioms

Criminal Record: Numerous IA investigations

Commissioner Walker Stone

Accent: Deep Southern Gentry

Likes: 1980s Arena Rock, his dog Skipper

Prop: Comically outdated service revolver

Dislikes: High society, weak-willed persons

Demeanor: Suspicious, intimidating, intense

Hobby: amateur war historian

Vocabulary: Folksy, modestly well-educated

Favorite TV Detective: Joe Friday

If Mayor Levitt is a hand stabbing at the throat of our industry, Walker Stone is the knife he’s using to do it. He is a driven, charismatic, and capable man: under his leadership, the SPD has reached record-high recruitment and conviction rates, with record low civilian casualties. His crowning achievement is undoubtedly the wholesale disassembly of the Gambino crime empire; though his ongoing prosecution of the Rasputins may one day supplant it. Perhaps most important of all is his incredible devotion to duty: despite being successfully assassinated 3 separate times, Stone has served an unbroken tenure as commissioner for the last 36 years. In fact, he aced the Bendis-Bagley Continuity Test all 3 times—making him the only certified static personality to hold public office in the city of Saskatoon.

Not everything about him is smiles and sunshine, however. Stone rose to office amidst controversy about his origins and character—controversy which persists to this day, and puts him under near-constant scrutiny: on his homepage Stone was a villain, and a particular nasty one at that. In Kings of America, Walker Stone was a corrupt county sheriff whose actions were often amoral or even cruel. In the series, the county police force is overstretched and underfunded, with violent crime spiraling out of control. Over time, Walker comes to believe that the limited order imposed by the area’s crime cartels was better than the lack of order presented by the civil government; and so allows several organized crime groups to reach prominence.

In the climactic act of the story, Ariel Levitt—the main character—discovers that Walker is secretly the King of Land, and has the power to telekinetically manipulate stone and rock. The two briefly engage in a super-powered duel, before the more experienced Stone overpowers and kills Levitt by impaling him through the heart with a spear of solid rock. In the series finale, Stone falsely eulogizes Levitt as a victim of gang violence, and uses his death to rally the people of Levitt’s hometown in support of increased police funding. In the closing monologue of issue #6, Stone remarks that “the real tragedy is that the world will always need more dead dreamers.”

Many people were understandably nervous at the prospect of this man being put in charge of the police force. However, despite being the antagonist of the picture, Walker Stone was never portrayed as villainous—only as pragmatic and impersonal, almost to the point of inhumanity. Prior to I-day, the efficacy of his system raised frequent debate among fans of the series about whether he was truly a villain or merely an anti-hero.

After I-day, he leveraged his reputation to his advantage during several civilian careers as a lecturer, security consultant, and talk show panelist—all of which were cut short by his deaths. His fourth incarnation briefly entertained returning to the talk show circuit, before ultimately partnering with Ariel Levitt during Levitt’s mayoral bid. During the campaign, he repeatedly stressed that his actions in Kings of America were the result of extreme duress; and the size of the Saskatoon PD would allow him to work fully within the confines of the law. As a show of good faith, he regularly submits to and cooperates with the RMBI; and his approach to internal misconduct is notoriously strict—often relying on punitive measures that far exceed other cities’.

As a person, Stone is known to be stern and pensive. He prefers to listen rather than speak, and he does not like to waste words. Despite being known as a pragmatist and a tight ship-runner, those subordinates of his who remain faithful to the law say that he is understanding and reasonable, if not necessarily kind. The phrase “firm but fair” is often applied to him—though a number of less charitable things are said by those who find his single-minded devotion to the law tiresome or inconvenient. Either way, he has done a fine job of getting results—he did more than his fair share to bring Saskatoon’s Onyx age to a screeching halt, and shows no sign of stopping.

Papa Malorn

Accent: Big-city Midwest Canadian

Likes: Whiskey, darts, decent people

Prop: Cigar, his robot hand

Dislikes: Wealthy people, cowards, Germans

Demeanor: Street tough, occasional kindness

Hobby: Antique film buff

Vocabulary: Meticulously articulate

Thomas Malorn, heir to the Malorn Shipping company, was born to respectable means. Beatrice and Thomas Sr. were, respectively, the majority shareholder and CEO; and under their leadership it had grown to be a major name in rail and air freight across North America. Thomas enjoyed a privileged childhood, wanting for nothing; but this abruptly ended on his fifteenth birthday, when the three of them were caught in a car bombing (which is now widely believed to have been an assassination attempt by Hackerschmidt Shipping). Thomas’s parents were killed in the blast, while he himself was badly burnt and paralyzed from the waist down.

As the son of a wealthy couple, Thomas was admitted to high-grade urgent care at Saint Josephine’s of Saskatoon, where he was outfitted with a set of quality-of-life augmentations which restored his ambulatory function and much of his appearance. He soon learned, however, that his parents had willed their entire fortune to rival shipping magnate William Hackerschmidt, which left Thomas penniless. Hackerschmidt confessed to the murders some 20 years later, but died in prison while awaiting trial.

Thomas spent the next few years moving through a series of temporary labor jobs, where he often put his augments to good use. When he was 19, he was sentenced to 10 years in prison for home invasion, though he was released after only 5. From then up to his 30s, he was arrested and fined over a dozen more times on charges of public brawling. During this time he began associating with Francis Flanagan, Alex Grimaldi, and Jimmy the Corpse. The four of them would come to be known as the Malorn gang, and soon came under suspicion for all manner of crimes.

Fast forward 20 years. Thomas “Papa” Malorn is known around town for many things: his generous donations to the churches and universities of Saskatoon; his work with the city ink asylum and poorhouses; and for being the leader of a wickedly successful crime family. Like any good mobster, the accusations against him are so far insufficient for conviction; but he has been questioned in connection with over 200 counts of racketeering, arson, battery, and murder. Among the night life of Saskatoon he is known for being kind to his allies and merciless to his enemies; and many crime analysts have named him the heir apparent to organized crime in Saskatoon after the dissolution of the Gambino crime family in 2303.

So far, he has been content to keep his business to the waterfront districts. He is even known to tolerate the presence of Toonpunks in his territory, so long as they respect his properties and protectorates. He has survived thus far by keeping his head low, and cooperating with the police to a point…but there are rumors in the shadows of a full-fledged gang war on the horizon; and those who know Malorn expect him to be prepared, and ready to bring his rivals down in flames…

#cyberpunk writing #crime fiction

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accountancyandtaxupdate-blog · 6 years ago

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Supreme Court rules against Pimlico Plumbers in landmark employment case

Pimlico Plumbers CEO Charlie Mullins said he was “disgusted” by the ruling, which will lead to a “tsumani of claims”The Supreme Court has rejected an appeal from Pimlico Plumbers over an earlier ruling relating to the employment status of Gary Smith, in a precedent-setting case for the gig economy. Smith was classed as self-employment for tax purposes but the Supreme Court upheld a decision from the Court of Appeal to class him as a “worker” and afford him the appropriate rights such as sick pay and holiday pay. Smith was a plumber who worked on a self-employment contract exclusively for Pimlico Plumbers for six years, and after suffering a heart attack requested a reduction in his work schedule from five days a week to three. His request was denied and he was dismissed. Although Smith paid self-employed tax and was VAT-registered, the Court of Appeal ruled that he was a worker based upon his lack of control over the work, as he was contractually obliged to do a minimum number of hours work a week and did not have the right to transfer his work to a subordinate. The Supreme Court judgement said: “The dominant feature of Mr Smith’s contracts with Pimlico was an obligation of personal performance.” Implications for the gig economy The case will have wide implications for the gig economy and the rights of independent contractors. Pimlico Plumbers CEO Charlie Mullins warned that other companies using self-employed contractors may face a “tsumani of claims” as a result of this ruling. He said that this was not a victory for poorly paid workers, but rather an “exploitation” by a “highly-paid, highly-skilled man who used a loophole in current employment law to set himself up for a double pay-day.” Phil Pepper, employment partner at law firm, Shakespeare Martineau, said: “This case will no doubt have an impact on both the Uber and CitySprint cases which are due to be heard by the Court of Appeal and Employment Appeal Tribunal respectively, later this year. Although the legal arguments in those cases may vary slightly, the fundamental principles arising from the Pimlico Plumbers case will at the very least influence the outcome of those decisions.” Calls for government to update legislation Charlie Mullins added that he was “disgusted” by the ruling, as “the five judges had the opportunity to drag our outdated employment law into the 21st Century, but instead they bottled the decision, and as a result thousands of companies across the UK, who use contractors in an honest and responsible way, remain exposed to huge potential claims in the future.” Susannah Kintish, an employment specialist at the law firm Mishcon de Reya, said that the case highlights the need for the government to bring forward legislation to help businesses clarify how to categorise their workforce. She added: “The supreme court justices have made it clear that this judgment is very specific to the unique facts of the case. It will therefore do little to stem the flow of litigation around worker status, which, in the absence of any overarching principles, will need to be determined on the specific circumstances of each case.” In response to the Taylor Review, which made recommendations relating to employment practices in the modern economy, the government published a “Good Work” plan launching a range of consultations and promising reform. It is still yet to be seen how these reforms will translate into legislation. James Murray, Employment Associate at Kingsley Napley LLP, questioned whether the case will make a practical difference for the majority of gig economy workers “given the high cost of enforcing their rights.” “Employers may tweak their contracts but they will not feel they need to alter the reality of their practices considering the government has said it is not willing to move forward with certain of Matthew Taylor’s more game-changing proposals, for example, reversing the burden of proof in favour of workers. Parliament is also pre-occupied with Brexit for the foreseeable future.” “A decision for lawyers, but for gig workers ‘Good work’ is still a luxury they can rarely afford.” The post Supreme Court rules against Pimlico Plumbers in landmark employment case appeared first on Accountancy Age.

https://www.accountancyage.com/2018/06/13/supreme-court-rules-against-pimlico-plumbers-in-landmark-employment-case/

#Legal #Personal Tax #self-employed

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phoenixjobs8 · 4 years ago

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Avionics Systems Engineer II

DescriptionCirrus Aircraft’s Mission is to deliver an aviation experience that is the pinnacle of innovation, quality, and safety to our customers.

Cirrus Aircraft is the recognized global leader in personal aviation and the maker of the best-selling SR Series piston aircraft and the Vision Jet

, the world’s first single engine Personal Jet and recipient of the 2017 Robert J.

Collier Trophy.

Founded in 1984, the company has redefined performance, comfort and safety in aviation with innovations like the Cirrus Airframe Parachute System® (CAPS®) – the first FAA-certified whole-airframe parachute safety system included as standard equipment on an aircraft.

To date, worldwide flight time on Cirrus aircraft has passed nine million hours and over 170 people have returned home safely to their families as a result of the inclusion of CAPS® as a standard feature on all Cirrus aircraft.

Find out more at cirrusaircraft.com.Cirrus offers a competitive benefits package and is dedicated to the advancement of general aviation.

The Cirrus Flying Club offers employees and their family members the unique opportunity to obtain their private pilot’s license in the comfort of a Cirrus or rent a Cirrus for an impromptu adventure at a greatly reduced rate.

We are committed to investing in the future of our employees and company by offering professional development and career progression opportunities and we engage employees by offering several employee and family events throughout the year, as well as the opportunity to take part in activity clubs and community events.Job Summary:Responsible for the research, integration, testing, certification, and follow-on support of avionics and electrical components and software for general aviation aircraft.

Work closely with equipment manufacturers, as well as other systems engineers and test pilots within the organization to establish and refine cross-system requirements for a highly integrated avionics system to help ensure a high quality end user experience with a safe, robust, and intuitive system design.Supervisory Responsibility:NoneJob Duties and Responsibilities (Essential Functions):+ Integration and testing of avionics and electrical systems and equipment, including:+ Requirements development and traceability+ Research and identification of potential solutions to design objectives+ Detail design and installation+ Test case development, execution, and troubleshooting on both bench and aircraft+ Coordinate design development and system integration within Cirrus and with subcontractors+ Generate high quality reports and test plans that will be used to meet FAR Part 23 certification requirements+ Generate engineering documentation in accordance with company procedures to develop and maintain type design data for multiple aircraftQualifications:To perform this job successfully, an individual must be able to perform each essential duty satisfactorily.

The below requirements are representative of the knowledge, skill, and/or ability required.

Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions.Required Education and/or Experience:+ Bachelor’s degree in Electrical or Aerospace Engineering (or equivalent) required with 2-6 years experience with general aviation avionics development/integrationDistinguishing Education and/or Experience:+ Pilot experience desirable.+ Prior experience with the following is desirable:+ Integrated avionics systems (e.g.

G1000, G3000, etc.)+ Avionics software and hardware development processes (e.g.

DO-178/DO-254)+ Requirements traceability (DOORS, JAMA, etc.)+ Equipment environmental qualification (e.g.

DO-160)Demonstrated Proficiencies/Skills/Abilities:+ Must be able to demonstrate the ability to read, write and speak the English language+ Ability to communicate technical knowledge in a clear and understandable manner+ Ability to work both independently and within a cross-functional team+ Ability to efficiently learn new skills and manage multiple tasks+ Use of lab equipment, such as oscilloscopes, signal generators, and spectrum analyzers+ Proficient with Microsoft Office (Outlook, Excel, PowerPoint, Word, Visio)+ Familiarity with Atlassian JIRA, PTC Windchill PDM, and PTC Creo tools preferredOther Duties:Please note this job description is not designed to cover or contain a comprehensive listing of activities, duties or responsibilities that are required of the employee for this job.

Duties, responsibilities and activities may change at any time with or without notice.

Overtime hours may be required.This opportunity is located in Duluth MN, North Dallas TX, or Phoenix AZ East Valley.Cirrus gives priority to candidates interested in moving to our Duluth headquarters for innovation and activity center of our manufacturing, engineering, and enterprise operations.

We will also consider candidates who are interested in working with us from Dallas, TX or Chandler (Phoenix), AZ.Phoenix Arizona, East Valley.

The economic growth and superior quality of life found in the PHX East Valley didn’t just happen overnight.

From thriving cultural opportunities to amazing recreation areas, the PHX East Valley has developed into the place where individuals want to work, live and play.

From pedestrian-friendly downtowns with urban vibes, to small town communities bustling with personality, to the Superstition Mountains where there is wide-open space and urban growth is on the horizon, the PHX East Valley has it all.As the home to our corporate headquarters, Duluth is a four-season city on the western tip of Lake Superior and was voted “Best Town” by Outside Magazine.

The splendor of the largest freshwater lake in the world offers a multitude of outdoor activities for adventure or rejuvenation.

The North Shore lifestyle is known its year-round activities, including bicycle and snowmobile trails, kayaking, rock climbing, fishing, hiking, golfing, sailing and skiing.

And as a top employer in the area, Cirrus Aircraft was recently named “Best Overall Large Company to Work for in the Northland” and “Best Workplace Culture” by the Duluth News Tribune readers.Dallas Texas is the third most populous city (after Houston and San Antonio) and the metropolis of the sprawling Dallas–Fort Worth urban area, known locally as the Metroplex.

Fort Worth lies 30 miles (48 km) west; other major cities in the metropolitan region include Arlington, Carrollton, Denton, Garland, Grand Prairie, Irving, Lewisville, Mesquite, Plano, Richardson, University Park and McKinney (home of the 1st remote Cirrus Aircraft Factory Service Center).Cirrus is dedicated to a drug free work environment promoting equal employment opportunity.

Qualified applicants will receive consideration for employment without regard to race, sex, national origin, color, age, disability, religion, pregnancy, veteran status, marital and family status, sexual orientation, receipt of public assistance, genetic information or any other characteristic protected by applicable law.

The post Avionics Systems Engineer II first appeared on Valley of the Sun Jobs. source https://valleyofthesunjobs.com/it-tech-support/avionics-systems-engineer-ii-1b7953/?utm_source=rss&utm_medium=rss&utm_campaign=avionics-systems-engineer-ii-1b7953

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nathanielburgos · 5 years ago

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Brexit Transition Period | Guide for UK Employers

The UK leaves the European Union on Friday 31st January 2020 at 11pm.

The Brexit transition period is set to take effect on 1st February 2020 and will run until 31st December 2020. This is the deadline by which the UK Government has to agree a deal with the EU as to the final terms of its exit. Where no agreement is made, the UK will ‘crash out’ of the EU under a no-deal scenario.

While negotiations take place during the transition period, the UK will remain subject to the current rules on trade, travel and business.

This means that although ‘Brexit Day’ will not bring overnight changes in employment or immigration rights or responsibilities for employers, the imperative now is for UK businesses to use the Brexit transition period to prepare their organisations and employees for a post-EU future.

As we head into the formal transition period, we look at the key immigration and employment considerations for employers.

Brexit & UK immigration

The current status quo remains for UK immigration until 31st December 2020.

Travel arrangements and holidays between the UK and EU countries will remain unaffected between 31st January and 31st December 31 2020. British citizens will not need a visa to travel to EU countries, but the European Commission has said that from 2021, travellers will need to apply for an ETIAS (European Travel Information and Authorisation System) visa waiver. Similar to an American ESTA, this is expected to cost around £6 and will be valid for several years.

By January 2021, however, EU free movement is set to end, border checks and controls are to be introduced in the UK and a new immigration system implemented that covers all non-UK nationals supported by a reformed infrastructure to enable and enforce the new rules and regulations.

The Government’s vision is to build a points-based immigration system, modelled on that of Australia. The system is to centred on migrants’ skills over any nationality-based preference. EU citizens looking to come to the UK to work must apply and meet the same requirements as non-EEA nationals.

Expect changes to immigration rules at break-neck pace as the Government moves to have the necessary rules and systems in place for January 2021, which will also coincide with the deadline for the end of the transition period.

EU citizens in the UK

EU citizen rights will remain as they are for the duration of the transition period. EU citizens will continue to be able to come to the UK to work during the transition period, free from travel or work restriction. While access to EU workers during the transition period may not be the risk – it is the declining availability of such workers to UK employers that is impacting businesses across sectors.

EU net migration continues to decline rapidly since the referendum result in 2016, at 48,000 in the year ending June 2019, compared with over 200,000 in 2015 and early 2016.

Employers are being urged to encourage EU workers to register under the EU Settlement Scheme by 30 June 2021 if a deal is agreed with the EU. A surge in registrations are expected in advance of the final confirmed deadline, making it prudent to apply as soon as possible.

While the Government has made assurances that those EU citizens in the UK who are without EU settled status by the required deadline will not be automatically deported, it is expected that EU citizens in the UK who have not registered for settled status may face practical difficulties when proving their right to work and to rent property in the UK after Brexit.

A new points-based immigration system

On 28th January 2020, the MAC published an extensive report into what the UK’s new points-based immigration system should look like. While the report is not binding on the Government, recommendations in previous MAC reports have been largely adopted and it is expected this will be the case for this latest piece of work.

Headline findings from the 270-page report include:

Retaining the existing Tier 2 framework for workers with a job offer, and expanding the skill requirement to medium as well as highly skilled workers.

Retaining the minimum salary threshold but lowering the current £30,000 threshold to around £25,600, and £17,600 for new entrants (currently £20,800) based on specific calculations, unless the relevant SOC code stipulated a higher minimum.

Amending or replacing the current Tier 1 (Exceptional Talent) visa to provide a more adequate route for skilled workers without a job offer. The new route would adopt an expression of interest system in which those who want to come to the UK can register that interest and a monthly invitation to apply drawn from that pool, though subject to a cap.

No guidance could be provided as to changes in the UK settlement system due in large part to a lack of data, although a review was deemed necessary of settlement requirements. The MAC also recommended pausing proposals to increase the settlement salary threshold.

Ruling out adopting any form of regionalised system or regional salary variations and has instead recommended a separate pilot visa for ‘remote’ areas of the UK. This also comes after Nicola Sturgeon this week called for a Scottish visa system that would allow for a different and more relaxed set of immigration rules designed to attract migrants to Scotland. Given concerns that a restrictive immigration system post-Brexit will hit Scotland particularly hard, The proposal to devolve immigration to Holyrood was however instantly dismissed by the UK government amid fears of further complicating the new points-based system.

With a new system for sponsoring or hiring visa workers expected to be introduced to replace the existing sponsorship licence, employers are also being warned that the cost of sponsoring overseas citizens under any new points-based system is expected to increase.

Employers will also need to consider how the end of EU free movement and new criteria for hiring non-UK resident workers will impact planned recruitment from overseas from January 2021 onwards. In particular, when submitting annual CoS allocations in April 2020, sponsors may need to factor in EU workers for the January to March 2021 period.

High on the business risk agenda is the impact of immigration reform on the availability of migrant workers in the UK economy.

This is without considering the general decline in appeal of the UK among economic migrants due to hostile environment policies and as other countries such as Canada have moved to enhance their appeal among skilled professionals.

Of particular concern are areas of the economy reliant on lower skilled labour from the EU, such as the care, agriculture and construction sectors.

While the Government’s Immigration White Paper from December 2018 gave initial indication that allowances may be made to ease labour shortages through specific lower-skilled routes for specific sectors, this measure has yet to feature as part the Government’s proposals to date for an Australian-style points-based system.

Right to work compliance

Existing prevention of illegal working duties will continue to apply to UK employers during the Brexit transition period. Employers shoud continue to perform right to work document checks on all new employees in the same way as they had prior to Brexit.

Changes in UK immigration rules and the end of EU free movement will need to be reflected in the right to work regime, which is expected to go live in the lead up to the implementation of the new immigration system, employers should use the transition period to ensure their compliance house is in order and that all right to work checks and documents are up to date to support with transitioning to a new system.

Employment law changes

Again, the 1st February will see no ‘day one’ changes from an employment law perspective, as the UK remains subject to existing EU laws and rules until 2021 and existing legislation and case law will continue to apply during the transition period.

Whether the UK departs from current EU requirements in the future will be shaped by any deal (or no deal), to be determined by 31st December 2020.

A key area of contention for the Brexit negotiation is the extent to which the UK will remain subject to European rules and case law. This includes whether UK courts and tribunals would deal with existing UK case law stemming from EU decisions.

It is, for example, possible that acceptance of (at least some) EU legislation could form part of a trade deal.

However, a number of factors would suggest that wholesale reform of existing employment laws is unlikely:

Much of the EU employment law is effected by UK legislation, and would require Parliamentary approval for specific amendments to be made.

UK employment law in many areas exceeds the European minimum standards, such as maternity leave entitlement.

Reducing entitlements could be difficult both from a legal and employee relations perspective. There is little appetite for workers’ rights to be eroded or withdrawn, not least for political reasons, yet the Government’s position in this area remains unclear.

Key aspects of UK employment law does not derive from Europe, such as the minimum wage.

What next?

The Withdrawal Agreement allows for an extension of the transition period, but this has to be agreed by 1st July 2020 and would be contrary to Johnson’s Brexit momentum.

If you have any questions about the impact of Brexit and the transition period on your business, its workforce planning and overseas recruitment activity, speak to our experienced UK business immigration lawyers.

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iasshikshalove · 5 years ago

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Detailed News Articles: 2 July 2019

July 3, 2019Shiksha IAS Academy

1. Rise in cases of vector-borne diseases

According to a report from the three municipal corporations in Delhi, cases of vector-borne diseases such as malaria, dengue and chikungunya have shown an increasing trend this week.

Details:

· The number of cases of vector-borne diseases is expected to rise during the monsoon.

· The three municipal corporations in Delhi have been undertaking several measures such as door-to-door to surveys and spraying insecticides to prevent mosquito breeding.

· The experts from the public health department requested residents to take precautionary measures.

· They also advised residents to clean all utensils, coolers, flower pots and other items which are conducive to the accumulation of water every week thoroughly.

Vectors:

· Vectors are living organisms that can transmit infectious diseases between humans or from animals to humans.

· Many of these vectors are bloodsucking insects, which ingest disease-producing microorganisms during a blood meal from an infected host (human or animal) and later inject it into a new host during their subsequent blood meal.

· Mosquitoes are the best known disease vector.

· Others include ticks, flies, sandflies, fleas, triatomine bugs and some freshwater aquatic snails.

Diseases transmitted by Mosquitoes:

Aedes:

· Chikungunya

· Dengue fever

· Lymphatic filariasis

· Rift Valley fever

· Yellow fever

· Zika

Anopheles:

· Malaria

· Lymphatic filariasis

Culex:

· Japanese encephalitis

· Lymphatic filariasis

· West Nile fever

2. Report sought on fly ash management

The National Green Tribunal sought a report from the authorities on the current status on disposal and management of fly ash.

Details:

· The report has been sought, following a plea alleging unscientific handling of fly ash generated by a unit of NTPC.

· A Bench headed by NGT Chairperson has directed Aravalli Power and Jhajjar Power to provide a report on the current status of fly ash disposal and management.

· They have also been directed to furnish an action plan along with timelines within one month.

· Additionally, the Haryana State Pollution Control Board was directed to furnish a report on the status of air quality and stack monitoring with respect to the two units within one month.

Fly Ash and Fly Ash Management:

· Fly Ash is the residue of the combustion process produced at the time of generating power in coal based thermal power plants.

· It is a resource material used for manufacturing of blocks, bricks & tiles, Portland cement, construction of road embankments, low lying area development and in many applications of construction industries.

· The fly ash content produced as result of combustion of Indian coal is significantly higher as compared to the other countries.

· Various approaches need to be adopted for effective fly ash management.

· The coal has to be washed at the place of origin in order to prevent the ash from entering the power plant. Currently 63% of the fly ash produced is utilised.

· Effective fly ash management reduces fly ash generation.

· This is necessary for the environmental protection and also to reduce the land space occupied by fly ash in the power plant.

3. Lessons from Bhutan

Analysis:

Taking a Closer Look at the new move by Bhutan:

· The new salary scales will benefit about 13,000 teachers and doctors.

· This is a novel move.

· No other country has accorded teachers and doctors such pride of place in its government service, both in terms of remuneration and symbolism.

· Remarkably, the proposal was announced by Bhutan’s Prime Minister Lotay Tshering, himself a qualified doctor — which suggests that professional experience informs the policy.

(a) Examining the Policy:

· It is important to examine the policy’s educational aspect.

· Is the proposal part of a coherent strategy, or an inspired announcement that is resolute in intent but likely effete in effect?

· The policy’s tonal reference is to be found in Bhutan’s 12th Five Year Plan (2018-23), published by its Gross National Happiness Commission, which is also the country’s highest policy-making body.

· The commission’s strategy to achieve desired national outcomes through education opens with the notation, “making teaching a profession of choice”.

· The proposal then is evidently at the core of a larger governmental strategy to achieve the country’s human developmental objectives.

· The decision also comes in the wake of high levels of teacher attrition, especially the best.

· Experts opine that the government has formulated the policy as a mechanism to stop this attrition.

(b) Positively influencing educational outcomes:

· Intuiting the correlation, as Bhutan has, between attracting the best talent to a profession and the renumeration it potentially offers is easy.

· However, an important question arises: Is it possible to demonstrate that improving the status of the teaching profession positively influences educational outcomes?

· The Organisation for Economic Co-operation and Development’s Programme for International Student Assessment (PISA) is a worldwide study that measures and compares student ability in reading, mathematics, science and global competence, with financial literacy an option.

· Accordingly, it ranks educational systems of countries.

· An independent study led by the economist, Peter Dolton, has demonstrated a distinct correlation between student outcomes in a country, as measured by PISA scores, and the status that its teachers enjoy.

· The initiative’s latest report, Global Teacher Status Index 2018, based on its own surveys across 35 countries, goes on to make a strong case for high wages to improve teacher status.

· �� It is important to note that policies act as levers that governments use to achieve desired results in focus areas.

· The results of Bhutan’s policy, if implemented, will take a few years to emerge for critical evaluation. It is, however, based on credible research.

· Bhutan already spends about 7.5% of its GDP on education. The fiscal implications of the new salary structure are unclear now.

· Generally, teachers constitute a considerable portion of government employees.

· Therefore, governments looking to emulate Bhutan’s lead will inevitably be asked questions about the financial viability of such a momentous administrative decision.

· For instance, the Minister concerned in Tamil Nadu, one of India’s better performing States on educational indices, turned down demands of striking teachers for better pension explaining that wages, pensions, administrative costs and interest repayments already amounted to 71% of the State’s expenditure.

· He asserted it leaves little for other developmental programmes.

(d) Can India afford a similar policy?

· India currently spends about 3% of its GDP on education, accounting for about 10% of the Centre’s and States’ budgetary expenses.

· Salaries constitute a large portion of this expenditure.

· The NITI Aayog in its report last year (2018) recommended that India raise this to 6% of GDP by 2022.

· Paying teachers (and doctors) significantly higher salaries may seem like a tall order, but the Central and State governments could consider rationalising both teacher recruitment and allocation of funds to existing programmes.

· Some programmes may have outlived their purpose, while others could be pared down or better directed.

· In fact, improving accountability in the system could free up huge savings.

· It is important to note that a World Bank study found that teacher absenteeism in India was nearly 24%, which costs the country about $1.5 billion annually.

· Absenteeism could be the result of many factors, including teachers taking up a second job or farming to boost incomes, providing parental or nursing care in the absence of support systems, or lacking motivation.

· The incentive of an enviable income which is girded with unsparing accountability could mitigate many ills that plague the system, free fiscal space and help meet important national developmental objectives.

· Piloting a policy of such consequence may also be easier in a smaller State, say Delhi.

(e) Case in Point: Education System in Delhi

· Education is a key focus area for the Delhi government; the State invests 26% of its annual budget in the sector (much more than the national average).

· The administration has also worked on improving teacher motivation as a strategy for better educational outcomes. The base has been set.

· Experts point out that the political leadership in the State, which is unafraid of the bold and big in the social sector, could build on this.

· Moreover, since the State is highly urban and well-connected, it would be easier to enforce accountability measures, which must underpin so heavy an expenditure.

Concluding Remarks:

· Ultimately, no investment that enables an educated, healthy, responsible and happy community can be deemed too high by any society.

· The short-term GDP-minded would do well to consider these words in OECD’s ‘Education at a Glance 2018’ report: “The quality of education can be a strong predictor of a country’s economic prosperity. Shortfalls in academic achievement are extremely costly, as governments must then find ways to compensate for them, and ensure the social and economic welfare of all.”

· In conclusion, Governments intent on improving the quality of education they offer must step out of incrementalism in policy-making.

· Improving teacher status by offering top notch salaries to attract the best to the profession could be that revolutionary policy-step forward, which Bhutan has shown a willingness to take.

4. Miles to go: self-care medical interventions

Analysis:

· Experts point out that ‘self-care’, which mostly happens outside the formal health system, is nothing new.

The rise of self-care interventions:

· However, what has changed is the deluge of new diagnostics, devices and drugs that are transforming the way common people access care, when and where they need them.

· With the ability to prevent disease, maintain health and cope with illness and disability with or without reliance on health-care workers, self-care interventions are gaining more importance.

The Twin Problems many in India face:

· Millions of people, including in India, face the twin problems of acute shortage of healthcare workers and lack of access to essential health services.

· According to the World Health Organization, which has released self-help guidelines for sexual and reproductive health, over 400 million across the world already lack access to essential health services and there will be a shortage of about 13 million health-care workers by 2035.

What does Self-Help mean?

· Self-help would mean different things for people living in very diverse conditions.

· While it would mean convenience, privacy and ease for people belonging to the upper strata who have easy access to healthcare facilities anytime, for those living in conditions of vulnerability and lack access to health care, self-help becomes the primary, timely and reliable form of care.

· Not surprisingly, the WHO recognises self-care interventions as a means to expand access to health services.

· Soon, experts opine that the WHO would expand the guidelines to include other self-care interventions, including for prevention and treatment of non-communicable diseases.

Perspective on India:

· India has some distance to go before making self-care interventions for sexual and reproductive health freely available to women.

· As a matter of fact, Home-based pregnancy testing is the most commonly used self-help diagnostics in this area in India.

· Interventions include self-managed abortions using approved drugs — morning-after pills taken soon after unprotected sex, and mifepristone and misoprostol taken a few weeks into pregnancy — that can be had without the supervision of a healthcare provider.

· Crucially, while the morning-after pills are available over the counter, mifepristone and misoprostol are scheduled drugs and need a prescription from a medical practitioner, thus defeating the very purpose of the drugs.

· The next commonly consumed drug to prevent illness and disease is the pre-exposure prophylaxis (PrEP) for HIV prevention.

· India is yet to come up with guidelines for PrEP use and include it in the national HIV prevention programme.

· Despite the WHO approving the HIV self-test to improve access to HIV diagnosis in 2016, the Pune-based National AIDS Research Institute is still in the process of validating it for HIV screening.

· Lastly, one of the reasons why people shy away from getting tested for HIV is stigma and discrimination.

· The home-based testing provides privacy.

· India has in principle agreed that rapid HIV testing helps to get more people diagnosed and opt for treatment, reducing transmission rates.

5. Imitation registry

Analysis:

· This is a variant of the National Register of Citizens (NRC) that Assam has adopted with decidedly mixed results so far.

· Nagaland claims to have watched the process unfold in Assam, followed it closely, and it will now complete the task of identifying and registering indigenous inhabitants in less than five months, by December 10, 2019.

· This is more or less the kind of time-line that was followed by Assam, which is yet to publish its final NRC a year after the process began.

· In two months from July 10, 2019, Nagaland hopes to have a list of indigenous inhabitants, after which it will be published and time given till October 10 to file claims and objections, before finalisation.

An Issue that needs greater thought:

· Experts opine that Nagaland’s plan sounds simple. Furthermore, Nagaland is considerably less populated than Assam.

· However, the Assam experience shows that in the complex demographies of the Northeastern States, it may not turn out that way.

· As many as 40 lakh people were left out of the NRC listing in Assam, which seemed aimed to filter out ‘illegal immigrants’.

· Indeed, in Nagaland, various local attempts have been made to determine non-locals, non-tribals and non-Nagas, and identify what some people refer to as the ‘Illegal Bangladeshi Immigrant’.

· As a matter of fact, two years ago, a town not farther than 15 km from Dimapur, the largest city and the commercial capital of the State, passed a resolution to place curbs on IBIs and devised ways to prevent them from integrating, living or trading in the town.

(a) Need to Proceed with Caution:

· Experts opine that when such is the situation on the ground, in an already volatile region where the Armed Forces (Special Powers) Act is routinely extended, it is best that Nagaland proceeds with caution in this enterprise.

· The RIIN should not ultimately become a vehicle to make outsiders of insiders.

· The Assam experiment has no clear end-point.

· As a matter of fact, Bangladesh has repeatedly suggested that the process going on in Assam is “an internal matter” of India, implying that there is no deportation possibility here.

· Critics opine that other than deepening the existing fault-lines in its own State and rendering the situation even more volatile, it is unclear what the Nagaland government hopes to achieve through the exercise.

Concluding Remarks:

· An important question arises: What happens to the people who are in the end found to be on the wrong side of the Nagland list?

· It is important to note that the right to appeal and a humane hearing should be in-built in this exercise.

· Finally, the NRC experiment in Assam witnessed extremely divisive political posturing.

· Other Northeastern states are sure to be watching with keen interest what is unfolding in Assam and Nagaland.

· Emotive political issues cannot be allowed to drive the compiling of a registry of citizens.

6. Violation of reservation in top posts at universities

Analysis:

· Experts opine that the introduction of the Central Educational Institutions (Reservation in Teachers’ Cadre) Ordinance, 2019, which is meant to “provide for the reservation of posts in appointments by direct recruitment of persons belonging to the Scheduled Castes, the Scheduled Tribes and the socially and educationally backward classes, to teachers’ cadre in certain Central Educational Institutions established, maintained or aided by the Central Government”, redresses the anomaly found in the recruitment of Other Backward Class (OBC) candidates at higher levels of teaching positions.

What does the ordinance indicate?

· The ordinance indicates that reservation to OBCs shall be provided at all levels of teaching, leaving no space of misinterpretation by some universities that had arbitrarily restricted reservation for OBCs to the level of ‘Assistant Professor’.

Perspective on Universities in violation of the ordinance:

· Recent advertisements by 13 central universities are in clear violation of the ordinance.

· Of these, only Allahabad University and Dr. Harisingh Gour University have followed fully the reservation policy by earmarking positions for OBCs at all levels, while the Central University of Kashmir has reservation at all levels except that of ‘Professor’.

Representation of OBCs:

· Further, even after a clarification issued by the Ministry of Human Resource Development recently, only the Central University of Himachal Pradesh issued a revised notification providing OBC reservation at all levels of teaching.

· Curiously, while the Indira Gandhi National Tribal University — Amarkantak has reserved positions for ‘Economically Weaker Sections’ (EWS) at the levels of ‘Associate Professor’ and ‘Professor’, it has no reserved positions for OBCs.

· The Tata Institute of Social Sciences, which is known for its commitment to issues related to social justice, too has no reservation at higher levels of teaching positions.

· The rapidity with which the Central University of Rajasthan has almost reached the last step of recruitment is questionable.

· It is important to note that though OBCs account for about 50% of the country’s population, their representation in all faculty positions in all central educational institutions is only 9.8%.

· According to a recent report by the University Grants Commission, only 13.87% of positions at the Assistant Professor-level in central universities were occupied by OBCs. The representation became almost negligible at higher levels, i.e. those of Associate Professor and Professor, accounting for just 1.22% and 1.14%, respectively.

· Noticeably, the representation of OBCs was less than that of Muslims at higher levels of teaching. Certain communities of Muslims are recognised as OBCs, and if we exclude them, the representation of non-Muslim OBCs in the institutions would become negligible.

Concluding Remarks:

· Generally, the decision-making power at universities rest upon the Professors and Associate Professors.

· Professors, who play a significant role in the recruitment process, at times misinterpret the constitutional provisions.

· Even if a violation is found, the maximum a court does is to order a correction to the institution’s advertisement, without awarding any compensation to the petitioner or punishment to the violators. Moreover, legal procedure is tedious and hence is generally avoided.

· Noticeably, implementation of reservation for SCs, STs and OBCs in higher educational institutions funded by the Centre was delayed for more than 15 years after the announcement, while the same for EWS was done within a month of the announcement.

· Such differential treatment results in imbalanced representation of a social group at higher levels of teaching and decision-making.

7. Is there a case for free rides for women?

Analysis:

· In an important recent development, women may soon get to travel for free on buses and Metro trains in Delhi.

· However, experts point out that this gender-based public transport fare subsidy programme, announced by the Aam Aadmi Party government, has not been tested anywhere in India in the past.

Looking at the two sides of the argument:

· Proponents claim that the policy will protect and liberate women.

· Critics argue that it is financially unviable and unfair.

· As polarised debates over the intent and impact of the policy continue, it is useful to assess whether this idea, in principle, has any merit.

· A Look at the International Perspective:

· It is important to note that cities often provide public transport fare subsidies to all or some citizens to encourage them to use public transport, or for easing their travel cost burdens.

· Singapore, for example, offers a discount to rail commuters who are willing to travel before the morning rush-hour.

· Public transport is free for residents in Estonia.

· Luxembourg, with a population of about 600,000, has made public transport free for those under the age of 20. Paris, with a population of over 2 million, has announced a comparable plan.

· Hong Kong has implemented a public transport fare concession scheme for people aged 65 years or more.

· Berlin offered women a 21% ticket discount for one day in March this year (2019) to highlight the gender wage gap.

(b) The Indian Perspective:

· In India, however, urban transport fare discounts are less common, although concessions for seniors, students, and other socioeconomic groups are available for government-operated flights and long-distance railway services.

· Further, fare discounts intend to make public transport truly public as some people are at a relative disadvantage in urban transportation markets due to their unique social, economic, and health circumstances.

· As a matter of fact, Article 13 in the United Nations’ Universal Declaration of Human Rights recognises freedom of movement as a basic human right.

· If we consider transportation as a fundamental social need and providing mobility for the transportation-disadvantaged as our collective responsibility, then any urban transport policy should include subsidies targeted at the disadvantaged.

· Specific supply-side investments or fare price discounts to help the disadvantaged travel, conduct activities and prosper are therefore justified.

· Public transport may even need to be free for some. In this context, it is important to examine the case of women.

· It is important to note that women in India travel far less than men, and this has significant impacts on their education, employment, and enjoyment.

· A study in Delhi found that college girls, compared to boys, chose lower ranked colleges with safe and reliable transport access.

· Similarly, an estimated 60% of women workers in India choose to work from home or at a place which is less than a km from home, according to the 2011 Census.

· The remaining working women tend to rely excessively on public transport, according to a World Bank Study conducted in Delhi.

· An RTI application revealed that, in 2013, only 13% of Delhi driving licences were issued to women. These findings are suggestive of gender differences in travel choices and patterns.

(d) Factors Contributing to the Inequality:

· Wage discrimination, gender segregation in employment, and household labour divisions contribute to gender inequality in transportation.

· Because men’s jobs are considered to be more valuable, they tend to own the household vehicles and commute privately.

· This lopsided rationing of household transport budgets also results in women taking slower commute options to save on expenses.

· When Delhi Metro hiked fares last year (2018), around 70% of women surveyed in a study suggested that they would have to choose a less safe travel option for work, or travel less.

· It is important to note that compromises on education and jobs for travel purposes is one of the reasons for women earning less than men, leaving the workforce, and consequently being more cash-poor than men. Finally, limited money to travel also means that women are willing to forgo hospital visits, significantly affecting their health.

· There may be a case for free or discounted public transport for women.

· A subsidy like this is most likely to benefit women who might consider taking up jobs for which they are better suited but are further away from home.

· Women can engage in a range of activities that promote their well being. Free public transport can therefore bring more women to public spaces, and, consequently, make those spaces safer for women.

(e) Examining the cost of free rides:

· Two questions remain. Who will pay for the subsidies aimed at the transportation-disadvantaged? And will such subsidies make it difficult for public transport to achieve its other major goal — reducing car use and cleaning up the air?

· To address these questions, we must first recognise that personal motorised vehicle travel is highly subsidised globally, including in India. Believe it or not, driving is cheap.

· Car and motorised two-wheeler users are not required to pay for the full costs their travel choices inflict on society in the form of traffic congestion, environmental pollution, and distortions in urban form.

· It is important to note that promotion of cleaner fuels and vehicle-sharing can reduce but not eliminate the costs.

The Way Forward:

· Indian cities must consider pricing interventions such as congestion charges, mileage-based road use charges, parking charges, and higher petrol taxes so that private driving costs better reflect full social costs.

· London and Stockholm, for example, have been charging for congestion for over a decade. Such measures, in addition to discouraging driving, can help governments generate funds for expanding, improving, and operating relatively cleaner transportation alternatives such as public transport.

· It is important to note that better public transport service is key to getting people out of cars, reducing air pollution, and making cities more liveable.

It is possible that revenues from appropriately charging personal motorised travel will be sufficient to make travel by public transport cheap or free for the transportation-disadvantaged, without any additional public subsidy requirement.

As a matter of fact, even if free public transport for women makes economic sense and seems fair, would all women support the policy?

Concluding Remarks:

· Informal surveys conducted after the Delhi government’s announcement suggests that women are divided in their preference for the policy.

· Women who feel this policy treats them as lesser citizens should have the choice to opt out.

· Whether a free public transport pass for women should be income-based is unclear; means-testing for a public transport fare concession programme may not be worth the effort.

· Finally, this debate is not for Delhi alone.

· It’s time that all Indian cities crafted efficient, effective, fair, and context-specific public transport policies. Men and women do not enjoy equal freedom to move in India, and policymakers should act.

Thank you!

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hudsonespie · 5 years ago

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Maritime Tensions Between Indonesia and China Escalate

[By Greta Nabbs-Keller]

The resurgence of tensions between Indonesia and China in the South China Sea is a development to monitor in 2020, for it has broader implications for the Indo-Pacific region.

After a relative hiatus in maritime clashes in the last three years, Jakarta lodged an official diplomatic protest to Beijing on December 30 in response to reported territorial violations by up to three China Coast Guard and approximately 63 fishing vessels in Indonesia’s Exclusive Economic Zone (EEZ) around the Natuna island chain in late December. China Coast Guard vessels were pursued out of Indonesian waters by Indonesian Navy (TNI-AL) corvettes, but reports have indicated the Chinese vessels are still proximate to Indonesian waters and in no hurry to depart.

The Natuna Islands are located in Indonesia’s Riau Islands province, around 1,100 km south of the Spratly Islands. They form the outermost land features of Indonesia’s South China Sea territories, from which its 200 nautical mile EEZ is drawn, and intersect with China’s nine-dash line claim. The waters have been the site of repeated clashes between Indonesian Naval and Maritime Affairs and Fisheries (KKP) ships with foreign fishing vessels, particularly from Vietnam and China. As a consequence, “Natuna,” as the collective land and water features in the area are referred to simply in Indonesia, are a source of both diplomatic contest and strategic vulnerability.

The sanctity of UNCLOS

For a nation acutely sensitive about its sovereignty, maritime jurisdictional violations and the plundering of fish stocks are a red-button issue for Indonesia. The treaty principles that underpin Indonesia’s legal status as an archipelagic state and which define its expansive maritime jurisdiction are considered almost sacrosanct in Indonesia’s foreign policy circles.

An initial statement from Indonesia’s Foreign Affairs Ministry (Kemlu) reiterated that “Indonesia did not have an overlapping jurisdictional claim with China” and that Indonesia “would never recognise China’s nine-dash line claim which contravenes both the … [United Nations Convention on the Law of the Sea] … and the 2016 UNCLOS Tribunal Ruling.” It did, however, highlight Indonesia’s strategic partnership with China and the mutual commitment to the bilateral relationship.

An attempt by the Chinese foreign ministry to give added legitimacy to their claim only prompted an even stronger statement by Kemlu on 1 January, rejecting China’s assertion that “Chinese fishermen had long been active in these waters” as “a unilateral claim with no basis in international law."

Imposing limits on China’s power

Indonesia’s response to China’s illegal conduct in the South China Sea has broader implications, not just because Indonesia is an increasingly powerful state both in the Southeast Asian subregion and beyond. This response is also important because any pushback by Indonesia against China in diplomatic and strategic terms benefits Australia and its key Indo-Pacific partners the US, Japan, India, Singapore, and Vietnam in imposing further limits on China’s power.

China faces a more formidable challenge testing Indonesia’s resolve on the South China Sea than it does in comparison to the Philippines, Malaysia, or even Vietnam. Home to Southeast Asia’s largest armed forces, Southeast Asia’s largest economy, and de facto leader of ASEAN, Indonesia is not without diplomatic leverage or military capability to deter China if it so chooses to apply it.

Cognisant of such leverage, a member of Indonesia’s parliamentary (DPR) committee (Komisi I) overseeing Defence and Foreign Affairs, Charles Honoris, suggested a number of “stronger options” may be needed in order to deter China. Honoris suggested that Indonesia could review both its bilateral and multilateral cooperation with China, including cooperation on the Belt Road Initiative (BRI) and Regional Comprehensive Economic Partnership, as well as join with fellow Southeast Asian states facing similar territorial challenges to review ASEAN’s trade and investment cooperation with China.

Domestic political response

It is interesting that Beijing has chosen to provoke Jakarta at this time. With presidential election schisms over, Jokowi has consolidated his power base in the DPR and appointed former opponents into key cabinet posts. Testing Indonesia on the defence of its maritime sovereignty with former general Prabowo Subianto as Defence Minister seems an injudicious move by China, reflecting perhaps a lack of broader understanding among Chinese officials on how old tropes about an “amorphous Chinese threat” can be manipulated by political elites.

Prabowo has long been seen as anti-Chinese, based on his human rights record and alleged links to anti-Chinese violence in 1998. A tough stance against China may be one way Prabowo could make his mark as Defence Minister, although his comments to date have been notably measured following a recent three day visit to China to discuss bilateral defence cooperation. In fact, Prabowo has attracted criticism for a perceived “soft” response on Natuna provocations.

Twisting the dragon’s tail

So, how hard will Indonesia twist the dragon’s tail? That depends on how far China provokes Indonesia on Natuna, of course. With a re-elected president in his final term freed to implement priority policy agendas and a new defence minister seeking to make his mark in the portfolio, there may be a greater inclination for a tougher line on China.

Although one would not expect dramatic responses, Indonesia has a range of options at its disposal to impose costs on China for ignoring international legal norms and challenging Indonesia’s territorial integrity. Emboldened by success in securing Southeast Asia’s support for the “ASEAN Outlook on the Indo-Pacific," an Indonesian-led vision of an inclusive and ASEAN-centred Indo-Pacific order, Foreign Minister Retno Marsudi may also be less inclined to do Beijing any favours with respect to its priority regional multilateral initiatives, such as the BRI or the highly protracted China-ASEAN South China Sea Code of Conduct.

In the meantime, Indonesian Navy (TNI-AL) has launched “Operation Combat Alert Natuna Sea 2020," including the deployment of an additional up to six naval vessels, whilst the Air Force (TNI-AU) has deployed four of its F16 fighters. On 8 January, Jokowi travelled to Raden Sadjad Air Force Base on Natuna Besar to receive a briefing from Commander Joint Regional Defence Command I (Kogabwilhan I) Vice Admiral Yudo Margono. In addition, the government has requested hundreds of Indonesian fishing vessels enhance Indonesia’s presence in Natuna waters.

Continued assertiveness by Beijing could potentially further sour Indonesia-China relations, a relationship long characterised by ambiguity and distrust. It could also precipitate a harder line by key ASEAN states, led by Indonesia, with regard to South China Sea issues.

Ultimately, a tougher line by Indonesia aligns well with the strategic objectives of Australia and its Indo-Pacific partners, who seek limits to Beijing’s coercive power. The question remains to what extent the Indonesian government will exercise agency and leadership on this issue.

Dr. Greta Nabbs-Keller is a Research Fellow at The University of Queensland’s Centre for Policy Futures and Adjunct Lecturer at the School of Political Science and International Studies (POLSIS-UQ).

This article appears courtesy of The Lowy Interpreter and is reproduced here in abbreviated form. The original may be found here.

from Storage Containers https://www.maritime-executive.com/article/maritime-tensions-between-indonesia-and-china-escalate via http://www.rssmix.com/

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gaiatheorist · 6 years ago

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Flux.

“You wait ages for a bus, and then three come along at once.”, I actually used that line in a message to my Work Coach. I don’t ‘have to’ update her on progress, her systems are configured so that a check-in every three months is all that’s required to tick the box on whether I’m meeting my commitments. Part humanity on her side, and part knowing that there’s no real point in summoning me to the Job Centre every few weeks, I’m doing everything I’m supposed to and then some. Of course I am, I wrote my own ‘Claimant Commitment’ targets, I have a better idea than the non-medically trained DWP staff what my own ‘limited capacity for work’ means in practice.

In this case, it’s not buses that I’ve been waiting for, it’s intervention for the rapidly increasing pile of medical issues I’ve had since the brain haemorrhage, and ‘ages’ is a little over four years. Hooray, it’s finally being investigated, and interventions are forthcoming! Boo, everything’s happening all at once, which is not only a physical and cognitive strain on me, it has also flung me into one of my limbo/flux episodes. It’s almost as if the various ‘bits’ of the NHS dealing with me haven’t spoken to each other. (The POOR Trainee Clinical Psychologist assigned to me last week was a little taken aback when he reached the end of his Safeguarding script, about contacting other agencies if it was perceived that I presented a risk of harm to self, or others. “I understand your duty of care, and you also have my fully informed consent to discuss my case with other parties dealing with me, in the interest of collaborative working, and avoidance of duplication or omission.” *Blank* “There’s a letter floating around here somewhere from Neuro-Psychology, detailing my tested deficits, if you can’t find it, you can copy mine.” “Oh, that would certainly be very useful!” Of course it would, that’s why I pointed it out.) I’m smirking at myself, I had all the big words, and correct technical terminology at the start of the appointment, 50 minutes in, it became very apparent that I was cognitively flagging. I flux from fantastic to fucked quite quickly.

The Cognitive Analytic Therapy starts this week. I’m lucky to have been allocated any therapy at all, it’s only 16 months since my GP set that ball rolling for me. (Side-rant about NHS procedures being so ‘stepped’, and having to prove that the lower-level interventions have been tried before moving on to the next level. Other people have commented on that ‘gap’, where you’re too ill for ‘a nice walk and a bit of a chat’ to have any impact, but not at crisis-point, until you are.) My flux-frustration here is that the Social Prescribing for Mental Health intervention also starts this week, AND the carousel of medication that Neurology want to start me on, for all the background-factors that come of having chunks of metal in your brain will also start soon. That’s going to be a delicate balance, and I’m not particularly delicate, or balanced in myself, I’m incredibly fragile again, but haven’t crossed my own warning-line into brittle. Yet.

I’m ‘doing what I do’, and accepting that, while the timings are unfortunate, I can’t control them, I need to work with and through the interventions as they are offered, because ‘failure to seek or follow medical advice’ will see me booted out of the systems as ‘did not attend/engage.’ It will ‘get worse before it gets better’, I’m actually less concerned about doing myself a physical mischief during the discounted gym-sessions with Social Prescribing than I am with the potential rabbit-holes that *could* follow the CAT sessions. (Potential, ‘could’, not ‘will’, I know the mental issues are going to be more difficult than the physical ones to address, but I also know that I’m not going to make any progress until they are addressed.)

‘On paper’, I have a little short of six months to balance out the contents of this unholy grail. My disability ‘award’ expires next March, the brain injuries are permanent, and the Mental Health issues long-standing, but ‘on paper’, I was allocated a 3-year award, and I need to re-apply in December of this year for it to be continued. (It’s an inbuilt flaw in the PIP system, that it took 17 months to be accepted for that award, a chunk of the payment was backdated, but, by that point, I’d accrued substantial utility debt, which took over half of the lump sum. My insistence on fixing or replacing household goods, to accommodate for the difficulties that come with my disabilities accounted for most of the rest. That’s what it’s for.) There is no doubt whatsoever in my mind that the response to my renewal-request will be ‘computer says no.’, and I’ll end up back in the reconsideration-tribunal quagmire again. Come on, ‘on paper’, I’ve had 3 years to ‘get better’, obviously I’m just not trying hard enough. If the PIP award is not-renewed, my ‘limited capacity for work’ status with DWP will also be removed. How backwards is that? I’m looking at a future-potential of being deemed fully capable of any/all work at the same time as appealing through the labyrinthine PIP-process, to evidence that I still have bits of metal sealing up aneurysms in my brain, and a third, inoperable aneurysm, just sitting there, lurking.

That’s far-future-flux. Immediate-future-flux is that my son finishes university at the end of this week, and I don’t know what he’s planning to do next. Practically and emotionally, that’s going to be an issue. He’s sprawly-messy, our sleep-cycles are out-of-sync, and we end up walking on eggshells around each other, it’s do-able, but it’s not altogether healthy. Having him home limits me in many ways, Mother-of-the-year I’m not. What I need to do is give him a little down-time, and then have a discussion with him about what he intends to do next. He probably won’t know, and I’m genuinely dreading the thought of him possibly returning here full-time, long-term, even the uni summer breaks were just about manageable, because, for three years, I’ve known that the three months had an end-point, when I’d be able to dump his clutter back in his room. I don’t know what impact having him back home will have on my Universal Credit unemployment benefit, but I do know that, right now, I’m in no way ‘fit for work’. He’s 21, he won’t qualify as a ‘dependent child’, even though I’ll be feeding and housing him for however-long. There’s a possibility that I don’t want to consider, of starting processes to register him as my ‘carer’, to prevent him having to enter the benefit-system as unemployed. I don’t want that, for him, or for me.

So much flux. I’ve already notified my Work Coach that I’m struggling, but complying with my Commitments. I’ve also notified her that the boy returns next week, that’s a dick-move, I’ve given her the information on future-change-of-circumstances, and I’m awaiting instruction on what to do about it, while I’m juggling all these other interventions. Best-outcome would be that I don’t have to do anything about it, but that’s highly unlikely. Worst-outcome would be my son being classed as an ‘other adult’, and my Universal Credit allowance reduced accordingly. The UC and PIP just barely cover my outgoings, and my buffer-zone of savings, originally allocated against the gap between coming off UC and my first future-salary will now need to be allocated to the gap for the reconsideration-tribunal when my PIP award ends.

It’s a long way from perfect, but life can’t be all roses, I’m functional for part of each day, and the interventions might stretch my functional window a little more. 12 weeks of discounted gym membership to deal with the physical and ‘social’ difficulties, and 16 weeks of CAT, to unpick the mental side of things. Then there’s the medication, the first option of the five the Neurologist is considering is an incremental dosage-increase, taking up to 14 weeks, with a further 12 weeks to verify stability. If that doesn’t work, we move onto the next option. That’ll probably bring me to October. Did I mention I’m going to see Tim Minchin in October?

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newstfionline · 6 years ago

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The new autocrats

Griff Witte, Washington Post, Dec. 7, 2018

WROCLAW, POLAND--The police came in the pre-dawn stillness of a freezing February morning in southwestern Poland, knocking at the door of a national hero who had once again become a wanted man.

There was a time when Wladyslaw Frasyniuk would have run. As the daring and profane bad boy of Solidarity, Poland’s underground pro-democracy movement, he had lived as a fugitive from the smothering grip of the communist state security services, jumping from trains, fleeing along rooftops and speeding away on motorcycles.

But that was long ago. Back before the authoritarian regime he was fighting came crashing down, unleashing a new era of freedom in 1989. Before a 2015 election yielded a government determined to use the liberties and powers of a modern democratic state to snuff out independent institutions. Before Frasyniuk came to realize that history doesn’t travel in only one direction.

“Everything that my generation accomplished,” said Frasyniuk, a revolutionary in his 20s who has become a dissident once more in his 60s, “has made it easier and easier for this government to consolidate its control.”

Autocracy is making a comeback, seeping into parts of the world where it once appeared to have been vanquished.

But it is a sleeker, subtler and, ultimately, more sophisticated version than its authoritarian forebears, twisting democratic structures and principles into tools of oppression and state control. It is also, quite possibly, far more potent and enduring than autocracies of old.

After decades of steady expansion of rights and liberties, the pro-democracy watchdog Freedom House has recorded sharp reversals, with the share of nations dubbed “free” declining since 2007. Countries in every region of the world have suffered setbacks, in areas such as free and fair elections, the independence of the press, the rights of minorities and the rule of law.

As Americans worry about the health of their own democracy, the lesson from abroad is that the decline can come bracingly fast.

It has in Central and Eastern Europe, a region that, three decades ago, was at the vanguard of the last great act of the 20th century: the triumph of liberal democracy over dictatorship behind the Iron Curtain. Led by young activists like Frasyniuk, Poland and its neighbors ushered in the supposed end of history.

Today, the region is on the front lines of history’s march in reverse. The democratic society that Frasyniuk fought for is in retreat, while a new breed of autocrat advances.

“It’s not autocracy. It’s neo-autocracy,” said Cristian Parvulescu, dean of the National School of Political Studies and Public Administration in Romania, a country that critics fear is trending away from the rule of law. “It’s not democracy. It’s post-democracy.”

Some governments in the region, such as Hungary’s, are deep down the road toward indefinite one-party rule. Leaders in other countries, such as the Czech Republic, only seem to aspire to that sort of absolute authority.

But wherever signs of autocracy are emerging, this much is true: They bear little resemblance to the obviously repressive methods so familiar from school textbooks chronicling 20th-century despotism.

There are no strutting soldiers in the streets or cults of personality around the great leader. Opponents and journalists speak openly and loudly, generally without fear of persecution. Instead of building walls to keep their own people in, governments construct tech-laden fences to keep supposed enemies out. Instead of economic isolation and scarcity, a gusher of foreign investment flows.

And yet, ruling politicians and parties have managed to consolidate power to a degree not seen since the communist era. Supposedly independent institutions--including courts and prosecutor’s offices--have become instruments of political control. Newspapers and television stations are bought up by friendly business executives and dutifully preach the government’s line. Elections still take place, but they are used as justification for the majority to impose its will rather than a chance for the minority to have its say.

“In every respect, it looks like Europe. But you don’t actually have the freedoms that makes Europe what it is,” said Michael Ignatieff, a Canadian human rights scholar and president of the Budapest-based Central European University (CEU). “It’s new political technology.”

His university has been a victim of that innovation.

Deemed a political enemy because it was founded by liberal philanthropist George Soros, the highly regarded institution has been a top target of Hungarian Prime Minister Viktor Orban. He has denounced CEU in speeches, and his government has passed legislation designed to make it difficult, if not impossible, for the American-accredited school to operate.

But in keeping with the new style, Orban avoided shutting down the university outright--and the storm of condemnation that would come with such a move. Instead, he left CEU dangling in limbo for nearly two years and gave himself a small measure of deniability when it opted to retreat into exile this month. The U.S. ambassador to Hungary, David B. Cornstein, used that ambiguity to blame Soros, not Orban, for the exit.

Orban, considered the architect of the region’s new autocratic model, has boasted of his desire to replace outmoded notions of liberal democracy with “illiberal democracy.”

Others who stand accused of turning their countries away from basic freedoms deny the charge and insist that, in 21st-century Europe, it can’t even be done.

“There’s a principle of irreversibility. Once you reach a certain standard of democracy and human rights, you can’t go back,” Romanian Justice Minister Tudorel Toader said.

He spoke in an interview in his office across the street from the “People’s House,” a 1980s-era marble monument to dictatorial megalomania--and now the seat of Romania’s parliament.

Toader this year forced the firing of a crusading anti-corruption prosecutor who was investigating top government officials. He has also helped push through legislation that independent authorities have said will severely limit the power of other prosecutors to hold the powerful to account.

But autocracy? Hardly, he says.

“People have the freedom to choose where to travel, where to live, where to work. These are things that people didn’t even dare to dream about under communism,” said the former law professor who is now seen by critics as an archenemy of the rule of law. “A Romanian can take a plane and go see the Statue of Liberty. You can’t turn him backwards.”

That is what worries Frasyniuk.

He served four years in a communist prison--and endured frequent beatings from guards--because he wanted his Polish countrymen to know the freedoms of democracy.

But in the past three years, ever since the right-wing Law and Justice party won elections, he has watched the government use the liberties for which he fought to tighten its grip.

The election victory became a pretext for the takeover of previously independent institutions. The country’s membership in the European Union was transformed into a shield against charges of oppression and a foil in Poland’s long-standing quest for sovereignty. Its integration into the global economy--and the fast-paced growth that has come with it--put money in people’s pockets, overriding more abstract concerns about the rule of law.

Frasyniuk became a successful businessman after communism’s fall. But Law and Justice’s rise brought him back to the streets.

An anti-government protest in June of 2017 led to a brief scuffle with police and an investigation with which he refused to cooperate. That was enough to draw officers to his door in February--though the tactics were less conspicuously brute-force than in the old days.

“Authorities used to treat people like me in a serious manner,” Frasyniuk said, a note of wistful disgust in his voice, his mischievous blue eyes gleaming. “They broke down doors and threw you to the ground.”

If the style was new, the outcome that cold day was familiar. Frasyniuk was handcuffed behind his back and led away, a throwback to a time when he had “golden miles membership” at his local police precinct.

“I’m proof,” he said, “that you can get a complete historical cycle in one lifetime.”

Still fit but graying at age 64, he is again on the front lines of a freedom struggle.

But this time, the blind courage of youth is gone. He knows the advantage lies with the autocrats.

Just about every day this year, Malgorzata Gersdorf has put on a power suit and shown up at Poland’s Supreme Court, a modern glass building framed by faux-copper columns, etched with the scales of justice, in Warsaw. Her fellow judges recognize her as the court’s leader. She works in the chief justice’s chambers.

But the government declared her retired in July.

“It’s a difference of interpretation,” Gersdorf said matter-of-factly this fall during an interview in her office, where a fine old grandfather clock ticks away. “Mine is based on the constitution.”

The Polish word for it--Konstytucja--dangles from her necklace in cubed black and white letters, like a shield.

But she doubts its ability to protect her.

The right-wing, populist Law and Justice party has followed a path to remake the Polish courts, arguing that the last vestiges of the communist era need to be purged--even though holdover judges have already gone through a rigorous screening process.

Soon after winning the 2015 elections, the party effectively took over the Constitutional Tribunal, packing the court with friendly judges. Then it moved on to the National Council of the Judiciary, giving itself final say over a body that, as Poland’s arbiter of judicial independence, had been relatively free of political influence.

Finally, it took aim at the Supreme Court.

Constitutionally, Gersdorf’s term as chief justice runs until 2020. But the government has tried to force her and dozens of Supreme Court colleagues into early retirement. It has sought to replace them--and to fill dozens of newly created seats--in a process that has been boycotted by nearly all of the nation’s judges and denounced by European authorities.

“It’s all been completely different than what you teach your students about what law is,” said Gersdorf, a professor before she became a judge. “At first, we got so dizzy, we all got sick.

“Now we’re used to it. Now we never say, ‘Well, they can’t do that,’ because, the fact is, they can do anything.”

To Law and Justice supporters--and others in the region brandishing the will of the people as a weapon--this is how democracy is supposed to work. To the victor go the spoils. And those include control not only of the courts but also the constitution, prosecutor’s offices, public media, intelligence services, the civil service and other supposedly independent constraints on executive power. Hungary’s government has even cracked down on civil society organizations with the justification that NGOs helping refugees were never elected to anything.

In this view, defenders of judges or bureaucrats or nonprofits are blocking the majority’s desires and using seemingly principled stands to mask their grievance at having been bested at the polls.

“Sometimes you win, and sometimes you lose,” said Malgorzata Zuk, a party activist and Warsaw lawmaker. “Sadly, there are some people who will never accept the results.”

But to Gersdorf, it is a perversion of democracy--a deliberate misinterpretation of the checks on political power and the ultimate authority of the constitution.

“It’s a very dangerous direction,” she said, one that ultimately leads to “the destruction of the Polish justice system.”

The government didn’t try to stop her from showing up to work, knowing, perhaps, that to do so would provoke a clash. But with protests dwindling and options for halting the government’s takeover seemingly at their end, Gersdorf had all but accepted she would soon be ousted.

Then, the unexpected: An October ruling by the European Court of Justice temporarily blocked the forced retirements. Local elections, meanwhile, dealt the ruling party a setback.

Late last month, the government retreated, introducing and passing legislation in a single day that will allow Gersdorf and her colleagues to keep their jobs.

Gersdorf’s hopes have been vindicated--at least for now.

#autocracy #Eastern Europe #Poland #Hungary

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derechointernacionalpublico · 7 years ago

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70 Years of the International Law Commission: Drawing a Balance for the Future

by Christiane Ahlborn and Bart Smit Duijzentkunst

[Christiane Ahlborn and Bart Smit Duijzentkunst are Associate Legal Officers at the Codification Division of the United Nations Office of Legal Affairs in New York. This post, and its sister post on EJIL:Talk!, mark the start of the seventieth session of the International Law Commission. Under the theme “70 years of the International Law Commission: Drawing a Balance for the Future”, commemorative events will be held on 21 May in New York and on 5-6 July in Geneva. In these two posts, Christiane Ahlborn and Bart Smit Duijzentkunst of the Codification Division of the United Nations Office of Legal Affairs, which serves as the secretariat of the Commission, place the role of the Commission in a historical context and discuss its promises and challenges moving forward.

This week the International Law Commission has started its seventieth session in New York. As we discussed on EJIL:Talk!, the Commission stands in the long tradition of a broader codification movement, which has pushed the development of international throughout the 19th and 20th centuries. But what is the role of the Commission today, and what will its future look like? These questions will be discussed during different commemorative events in New York and Geneva this year. Here are the five main themes that will be the focus of the debate.

The Commission and its impact

The Commission has had a considerable impact on the development of international law, and on peaceful international relations more generally. From the 1961 and 1963 Vienna Conventions on Diplomatic and Consular Relations, to the 1969 Vienna Convention on the Law of Treaties and the 1998 Rome Statute of the International Criminal Court, many treaties that form the foundation of the contemporary international legal order have their origins in the work of the Commission.

Seventy years of practice has demonstrated that the Commission’s authority extends beyond the conventions it has instigated. For example, the 2001 articles on State responsibility for internationally wrongful acts remain uncodified, yet they are regularly cited and discussed in the decisions of and submissions to international courts, tribunals and other bodies, as well as in scholarship. “What is the status of the articles on State responsibility?” remains a popular query at Jessup competitions, one that has been answered in a variety of ways. Some argue that, in light of Article 38, paragraph 3(d) of the ICJ Statute, the references to the Commission’s work in judicial decisions constitute a subsidiary means for the determination of international law. Others maintain that the Commission could be considered as a “highly qualified publicist”. In addition, the outcomes of the Commission’s work often reflect customary international law.

Nonetheless, in recent years no outcome of the Commission’s work has been taken up for codification in a multilateral conference. This begs the question whether the Commission should rethink its role in the progressive development and codification of international law in the future. In fact, the Commission has already enlarged its portfolio of different work outcomes. While some projects still proceed on the basis of ‘draft articles’ (e.g. the draft articles on crimes against humanity), others are formulated in terms to guidelines (e.g. the draft guidelines on provisional application of treaties) or conclusions (e.g. the draft conclusions on subsequent agreements and subsequent practice).

The working methods of the Commission

The Commission functions like a legislative drafting body. The topics on its agenda are typically assigned to a Special Rapporteur, who leads the Commission’s research, proposes texts for adoption and drafts related commentaries. The Commission debates the reports of its Special Rapporteurs in plenary and refines texts in the Drafting Committee, until they are ready for adoption. It sends all draft instruments for comments and observations to governments and possibly other institutions (“first reading”). After considering the replies, the Commission submits to the General Assembly a final text with commentaries (“second reading”), together with a recommendation for further action.

This process can produce swift results, but it may also take decades. For example, in 1972 the Commission needed only one session to adopt the articles on the prevention and punishment of crimes against diplomatic agents and other internationally protected persons. On the other hand, it took the Commission about fifty years and five Special Rapporteurs to complete, in 2001, the final set of the articles on State responsibility for internationally wrongful acts.

There are several reasons why the Commission may be less agile than a domestic legislator: it only meets part-time and typically adopts outcomes by consensus, rather than by vote. Still, given the more diversified nature of the outcomes of the Commission’s work, and changing practical needs of States, international organizations and other stakeholders interested in the Commission’s work, should the Commission revise its working methods? The Commission has continuously adapted its methods of work to face new challenges, and its 70th anniversary might offer another opportunity to suggest revisions.

The function of the Commission: How much identifying existing law, how much proposing new law?

The Commission is mandated to promote the “progressive development of international law and its codification”. Article 15 of the Commission’s Statute defines progressive development as “the preparation of draft conventions on subjects which have not yet been regulated by international law or in regard to which the law has not yet been sufficiently developed in the practice of States” and codification as “the more precise formulation and systematization of rules of international law in fields where there already has been extensive State practice, precedent and doctrine.” In practice, most of the projects of the Commission have involved both aspects of its mandate and the Commission is often hesitant to indicate on which process it relies in specific cases.

Despite the Commission’s reluctance to draw the distinction, the tension between progressive development and codification continues to be the subject of debate in both scholarship and practice. This raises the question whether the distinction between progressive development and codification of international law should be drawn more explicitly, if feasible at all. Is it easier to make the distinction for some topics than for others? And should the Commission emphasize the consolidation of existing law, or should it emphasize the development of new law?

The changing landscape of international law

At its first session, in 1949, the Commission reviewed, on the basis of the survey of international law prepared by the Secretariat, 25 topics for possible inclusion in a list of topics for study. Following its consideration of the matter, the Commission drew up a provisional list of 14 topics selected for codification. With the exception of “Recognition of States and Governments” and “Jurisdiction with regard to crimes committed outside national territory”, the Commission has directly or indirectly considered all of these topics (see the analytical guide to the work of the Commission for an overview of all topics).

The world of international law today is quite different than that of 1949, in part thanks to the Commission’s codification efforts. During the past 70 years, the Commission – with the help of its Secretariat – has kept abreast of on-going developments in international law. Yet like all of us, the Commission faces rapid changes in international relations and in technological capabilities, often requiring novel approaches and scientific expertise. New domains – cyberspace, the polar regions, maritime areas beyond national jurisdiction – and new actors – international organizations, individuals, or corporations – challenge the Commission to constantly rethink its priorities. The Commission has demonstrated its awareness of contemporary challenges, for example by drafting articles on the law of transboundary aquifers, by taking up the topic “Protection of the atmosphere”, and by adding the topic of “Protection of personal data in transborder flow of information” to its long-term programme of work. Participants to the commemorative events for the Commission’s 70th anniversary will further consider how the changing landscape of international law affects the Commission’s substantive work going forward.

The authority and the membership of the Commission in the future

The authority of the Commission depends on various factors, including its membership and its status as a subsidiary organ of the General Assembly. Since its establishment, the membership of the Commission has been enlarged from 15 in 1949 to 34 members at present. The members are elected, in their personal capacity, by the General Assembly for a five-year term, with due consideration to equitable representation of the five regional groups at the United Nations. The equitable regional representation distinguishes the Commission from other codification bodies and ensures that the Commission incorporates different legal traditions and perspectives. Candidates for membership are drawn from the various segments of the international legal community, such as academia, the diplomatic corps, government ministries and international organizations. As the members typically serve in other international law-related professions, the Commission remains in close touch with the realities of international life.

Nonetheless, the Commission faces some challenges with regard to its composition. Perhaps most prominent is the severe underrepresentation of women in its membership. The number of women on the current Commission is four – twice as many as in the previous quinquennium, but still less than 12 per cent of its total membership. In 70 years, the Commission has had only seven female members and one woman as its Chair (Ms. (now Judge) Hanqin Xue in 2010). As the nomination of candidates lies with United Nations Member States, it is for the nominating States, the General Assembly and the Commission together to improve the gender balance among its ranks. Other issues that might be considered during the commemorative events are how the Commission could enhance its relationship with the General Assembly, in particular its Sixth (Legal) Committee; and how the different legal traditions, regional origins, and professions of its members influence its work.

[via Opinio Juris]

https://www.dipublico.org/109588/70-years-of-the-international-law-commission-drawing-a-balance-for-the-future/

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rickhorrow · 7 years ago

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15 to Watch & 5 Tech 10217

1) Amidst a whirlwind of protests and demonstrations during the National Anthem before NFL games these last two weeks, many players around the league expect tensions to settle down going forward. According to the AP, during Week Three, some teams elected to stay in the tunnel during the anthem, while others linked arms and kneeled. In Week Four, however, teams were more united, with arm-linking common and tunnels largely empty during the anthem. President Donald Trump’s comments were cited as the fire that ignited widespread protests from so many teams and players across the league – and moved NFL Commissioner Roger Goodell to convene a watershed meeting in New York with owners on the subject. “Moving forward, we will be on the field,” commented Atlanta Falcons coach Dan Quinn. “We haven’t talked about it further as a team, but my initial response would be it would settle more back down.” Decisions regarding kneeling, standing, or not coming out of the tunnel during the anthem have become team choices, not necessarily individual ones. Many players have noted that they are ready to “focus on football” going forward instead of getting caught up in the pregame drama.

2) PwC Sports Survey reveals leaders expect sports industry growth to slow. Sports industry leaders "expect the sector’s growth rates to slow down" from 8% to 6.4% per year, according to ISportConnect. While football "appears to be too big to fail" and esports is seen as a "key growth area," respondents view the Olympics as having a "less certain future." These are some of the key results of the 2017 edition of PwC’s Sports Survey. Respondents across the board "still expect the sports industry to continue to grow." However, they "foresee this growth to slow down" by over 20%. PwC Switzerland Sports Business Advisory Team Director David Dellea said that "the results of the survey confirm that the sports industry is reaching a decisive inflection point, where sustained growth will be the privilege of a few premium properties." While football and esports were viewed positively, the Olympics and winter sports are "showing signs of slipping," evidenced by their "apparent decline in TV ratings," especially among younger fans. More generally, 57% of respondents consider the shift in consumer behavior among younger generations as the "top threat faced by the industry." Even with a 20% slowdown, a 6.4% annual growth rate is one that most industries would happily accept. Not time to wring your hands just yet.

3) Working with the NHL, NHLPA, and their Future Goals program, EVERFI is powering the world's largest digital STEM education program through Hockey Scholar, a web-based course that leverages hockey to teach foundational math and science concepts. Millions of students build critical life skills through EVERFI’s custom-branded digital education programs. Through partnerships with major sports leagues, teams, foundations, athletes, and entertainers, students thrive by using the game of sport, music, and entertainment to bring the programs to life. As the NHL works through its preseason, the no-cost Hockey Scholar resource covers topics such as rates and ratios, states of matter, force, and energy, and careers in science, technology, engineering, and math (STEM). Today’s students have unprecedented access to the tools of the digital age — computers, mobile devices, and social media — but they are not being taught how to leverage that technology in a responsible and safe way. Upon graduating, these students will compete in an emerging global economy fueled by rapid innovation, but many will be unprepared to pursue STEM-based careers. Partnered with EVERFI, the NHL’s Future Goals program is committed to sparking student interest in STEM topics and helping students become college-ready, career-ready, and life-ready. Now that’s a real-life hat trick.

4) Phoenix Raceway and ISM Connect, a pioneer in smart venue technology, announced a multi-year partnership that includes naming rights for the Raceway’s modernized venue as well as the installation of a leading-edge digital fan engagement experience. Beginning in 2018, the venue will be known as ISM Raceway. As part of the naming rights position and in support of the racetrack development project, ISM will serve as an IT consultant as the new business partners deploy technology solutions at the venue through their 360 degree digital engagement venue network. The $178 million modernization of the track will now include the launch of ISM’s interconnected, intelligent venue concept, where technology aspects like Wi-Fi, ISM Vision video boards, mobile, web, social channels, and more are connected and enhance the fan experience throughout the facility, and create a sports and entertainment environment like no other venue in the country. As NASCAR heads toward the season finale and its penultimate race in Phoenix, the Can-Am 500 on November 12, it’s only fitting that Phoenix Raceway has some main-stage news of its own to share, adding to the excitement of the playoffs.

5) Fans are clamoring to get their hands on tickets for the Las Vegas Golden Knights’ first regular-season home game in franchise history. According to the Globe & Mail, the NHL expansion club is currently the top team in the league in “terms of overall StubHub ticket sales headed into this season.” The average ticket price for the Knights’ home opener is $227, with the team set to square off against the Arizona Coyotes. A significant portion of the teams’ early ticket sales have come from Canadian hockey fans, including preseason games at the brand new T-Mobile Arena. The New York Rangers currently rank second in the NHL in early ticket sales, but the Golden Knights are on track to outsell them by a whopping 96%. The Golden Knights are “in seven of the top 10 most in-demand games in the NHL, including three of the top four.” Growing interest in the Golden Knights only continues to validate NHL Commissioner Gary Bettman’s vision in expanding the league into non-traditional hockey markets – and Bettman will now forever be known as the first pro sports commish with the guts to take on “taboo” Vegas.

6) The Utah Jazz are set to welcome the new NBA season with a completely renovated Vivint Smart Home Arena. According to the Salt Lake Tribune, the upgraded facility features a J-Note statue in front of it, which team owners “regard as a future iconic spot” for the upgraded, modern arena. Besides the statue, the upgrades include a new box office, team store, and automated ticketing entrances to a “more open arena bowl.” With the renovations, the capacity of the facility has shrunk by over 1,500, from 19,911 to a more intimate 18,200, with all seats being converted from hard plastic green to “upholstered, cushioned blue.” “We wanted to ensure that both [the Jazz and the arena] would survive for many, many generations,” stated Jazz Owner and Chair Gail Miller. “This is a new beginning and we’re proud to say that we’ve accomplished that purpose. The Jazz and the building cannot be separated: They’re here to stay.” As Salt Lake’s only pro sports franchise, it’s only fitting that the Jazz put forth a more premium experience for their fans – most of whom are long-time, diehard, and well-deserving of a little more pampering.

7) NYCFC has started to narrow down potential sites to build a new soccer-specific stadium, with Belmont Park racetrack emerging as a favorite site. According to Newsday, the MLS club is preparing to submit a proposal to develop a stadium at the racetrack site. If the team officially places a bid for Belmont Park, it would be “in competition with the Islanders’ plans to develop their own new hockey arena” on the same piece of land. Even if both teams submit proposals, a decision on which team is allowed to start building is not expected to come for months. The state-run property in Elmont, just outside the Queens border, is not NYCFC’s first choice for a site to build on due to its location. The team currently plays its home matches at Yankee Stadium, and is looking at a “handful of other spots within the city limits.” New York’s biggest problem: an embarrassment of sports riches, and limited available land to house them. Most cities would consider this a good problem to have.

8) After a foul ball struck a girl at Yankee Stadium last week, more MLB teams are now planning to extend safety netting down the line at their stadiums. According to Mlive.com, the Detroit Tigers recently noted that they are currently developing plans to add more netting before the 2018 season, with their ballpark operations department taking the lead. Season ticket holders have historically been the ones to oppose additional netting, saying that it could obstruct their view of the playing field. The Baltimore Orioles have also stated their intent to add more netting, with team physician Bill Goldiner saying that plans are “being made and that the nets almost certainly will be going up sometime after the end of the regular season.” Additionally, the Los Angeles Dodgers, San Francisco Giants, Seattle Mariners, Cincinnati Reds, and San Diego Padres all announced that they would “expand netting” for 2018. Fan safety is paramount – there’s really no such thing as a premium fan experience in an area of the stadium where fans are placed in jeopardy. For their own good, those in baseline seats will need to learn to adapt.

9) In the wake of the Texas Rangers breaking ground on their new ballpark in Arlington, city council members are highly critical of the stadium’s design. According to the Dallas Morning News, the $1 billion retractable roof ballpark has drawn criticism for looking “too much like a shed,” among other things. The stadium’s interior design drew positive remarks and praise from council members, but the outside was likened to Lucas Oil Stadium, which looks like “a field house.” “It looks like you hit a home run with your design on the inside, but on the outside it seems that it is wanting some other details,” commented council member Charlie Parker. “I don’t feel like it is giant steps ahead of the old ballpark.” The team surveyed fans about what is most important for them in a new ballpark, and results revealed that “mass transit was key to improving their ballpark experience.” City council members, take note.

10) Nashville’s MLS bid is moving forward without Vanderbilt University signing on. According to the Nashville Tennessean, Nashville’s push to land an MLS team requires a soccer-specific stadium; organizers of the bid hoped that Vanderbilt would “join on a proposed shared-stadium concept.” In joining forces, Vanderbilt would have moved all of its football games off campus to The Fairground Nashville – a move the university did not support. Vanderbilt still might play “one or two football games a year” at the stadium if it is built, but that remains up in the air at this point. Even without the university’s support, the city’s MLS bid is not expected to lose traction, though Vanderbilt could have provided an additional source of funding for the stadium. Meanwhile in Cincinnati, USL club FC Cincinnati is continuing its push for a public-private partnership to build a $200 million soccer-specific stadium. Numerous projects are still being floated – the city is far from building anything.

11) With the International Olympic Committee’s decision to award both the 2024 and 2028 Olympics simultaneously, sponsorships are expected to be more expensive than usual. According to the Bloomberg, companies usually sign on to multi-year Olympic sponsorship deals without knowing all of the host cities they will be sponsoring, causing some ambiguity for participating corporations. This time around, sponsors know that two lucrative markets will host the 2024 and 2028 Olympics – Paris will host the former Games and Los Angeles the latter. “The presence of Paris and Los Angeles tells Western sponsors that the games are going to be really good in seven and 11 years,” said former USOC CMO and current professor of sports management at Syracuse University Rick Burton. Early bird sponsors are beginning to sign long-term deals now at cheaper rates, for sponsorship prices are only expected to increase going forward. The only big hole in the long-term Olympic corporate sponsorship plan remains the un-awarded 2026 Winter Games – which will likely not be held in the U.S. despite interest from Salt Lake City, Denver, and others.

12) Pittsburgh Penguins star Sidney Crosby is receiving a significant amount of criticism from some supporters following his decision to visit the White House. According to the Associated Press, the back-to-back Stanley Cup champions recently accepted an invitation from President Trump to make the trip to Washington D.C., though Coach Mike Sullivan “insists the franchise’s decision…does not mean the team is wading into the increasingly charged intersection of sports and politics.” Sullivan defended Crosby in this situation by stating that everyone expects the sport’s preeminent player to take a political stance here. “The Penguins, as an organization and our players, have chosen not to use this platform to take a stance,” said Sullivan. “There appears to be a perception that we have, and it is wrong.” This development comes in wake of Stephen Curry and the Golden State Warriors declining an offer to go to the White House, the typical tradition for champion sports teams. While there are clearly much bigger issues at stake, it’s a downright shame that what should be a bucket list triumph for top athletes and their teams is now so mired in political muck that many are simply choosing to forego the experience altogether.

13) Domestic ticket sales for the 2018 PyeongChang Winter Olympics have been less than stellar thus far, but that might change with the help of the Korea Federation of Banks. According to Reuters, the South Korean banks federation pledged to buy nearly $900,000 worth of tickets “as part of its social responsibility efforts.” The first phase of sales for the upcoming Olympics was “utterly underwhelming.” The proximity of the Olympics to North Korea has been noted as a primary safety concern for potential ticket-buyers. Just recently, only 30% of the “1.07 million total target” tickets have been sold, with nearly 60% of those coming from overseas customers. The Korean Federation of Banks is attempting to spur a domestic movement to buy more tickets and increase interest among South Korean citizens. Additionally, the federation announced it would donate $17.6 million to Olympic organizers “to help the Games run smoothly.” Noble gestures, to be sure, but unless the Korean Banks can exert influence on Pyongyang and help ensure Olympic-goers’ safety, fear of missile strikes will continue to impact travel decisions by fans and athletes alike.

14) The English Premier League, the world’s wealthiest soccer league, is facing some internal conflict amongst clubs regarding the current revenue sharing agreement. According to Bloomberg, the top six clubs – Manchester United, Manchester City, Chelsea, Arsenal, Liverpool, and Tottenham – are beginning to argue that their popularity “helps drive international revenue, so they should get a bigger slice” of the pot the Premier League gets for international media rights. That “pot” totals more than $1.3 billion annually. Conversely, smaller teams want to keep the current revenue-sharing agreement since they all receive the same amount as the heavyweights. One alternative being considered is paying teams based on how long they had held a spot in the league, which would favor the EPL’s longstanding teams. If a change were to take effect, at least 14 of the league’s 20 clubs would need to vote in favor of it. In this respect, despite its enormous wealth, the EPL is no different than any other pro sports league on the planet. The “pot” always stirs trouble.

15) University of Arizona Athletic Director Dave Heeke has found funding to build $66 million in overdue capital projects. According to the Arizona Daily Star, Heeke asked the university’s Board of Regents for the funding, which will primarily come from “the upcoming student fee and donor contributions.” Every year, each University of Arizona student pays $100 to the athletic department; the renovations will help prove to students that their money is being spent appropriately. The $66 million would go toward four major renovations: $25 million to re-do Arizona Stadium’s lower east side, $12 million to completely remake the Hillenbrand Aquatic Center, $18 million to construct an indoor practice facility/fan-engagement center at Kindall-Sancet Stadium, and $8 million to give the Hillenbrand softball stadium a major facelift. “Approval [by the regents] won’t determine the start dates,” noted Heeke. “It’s just that we can move forward to fully develop plans as well as budget and make logical construction schedules.” Hillenbrand Memorial Stadium is one of many Arizona athletic facilities supported by Mr. and Mrs. William G. Hillenbrand.

Five Top Tech

1) Gatorade has partnered with the NBA on re-branding the developmental league formerly known as the NBA D-League. The league’s name is now the NBA G-League after the partnership deal with Gatorade. The G-League will also be using the Gatorade Sports Science Institute as a way to better understand and physically equip players before, during, and after games. Kenny Mitchell, Gatorade’s Head of Consumer Engagement, said this about the partnership: “The premise for the deal was to allow us to push on our innovation agenda and doing that with basically — this will sound a little off — but, using professional athletes as a part of like our lab. So if we want to showcase a protein-enriched shake, we may test it with the Gatorade developmental league and then we might be launching it with NBA players.” The G-League provides fans with NBA-level talent to watch and enjoy play on a smaller scale. For NBA teams, the league serves as a great way to identify and acquire talent they may not have seen play otherwise. Over the past few years, star players like Hassan Whiteside and Danny Green have found their way onto the NBA landscape through the G-League. With its Gatorade partnership, the developmental league takes another step in legitimate brand recognition.

2) The dangers and fear of CTE continues to affect youth football across the U.S. today. However, new technology continues to be introduced that could save thousands from long-term brain injuries. Jake Merrell, a student at Brigham Young University, has developed a type of smart foam to be place inside players’ helmets and shoulder pads. Merrell said this about the specifics of his invention: “The standard measurement systems on the market today directly measure the acceleration, but just measuring the acceleration is not enough and can even be erroneous. Our XOnano smart foam sensors measure much more than just acceleration, which we see as a vital key to better diagnose head injuries.” By placing the foam in the shoulder pads along with helmet, Merrell is able to give each football player an added layer of protection that many have not targeted before. To further prove the usefulness of the product, Merrell has also begun working with the U.S. Army to create more protection equipment. With CTE growing as a major concern and youth football numbers shrinking, every added benefit through new protection technology can make a big difference.

3) Virtual Reality continues to grow as a form of entertainment for consumers everywhere. For Major League Baseball, VR could lead to a new form of entertainment for fans both inside and outside of the stadium. Inside Comerica Park, the Detroit Tigers have placed virtual reality stations where fans can take swings against their favorite Tiger pitchers. Monsterful VR CEO Jarett Sims told Crain’s Detroit Business where he sees VR heading in the very near future. “We want to tie it directly to the team in a way that builds fan loyalty and connects to what’s going on on the field,” Sims said. “There are plenty of cool activations that provide fans entertainment, but we strive to be more than that.” The interactive experience puts fans right in the middle of the action, where they feel like they actually are hitting against major league pitching. The use of VR may also make its way down from MLB to youth and high school leagues. VR could prove to be a very useful training tool to give players a better feel for different angles, ballparks, and arm angles from different pitchers. It will be fascinating to see how VR affects the entire sport of baseball in the next few years.

4) Soon, fans entering Dodger Stadium will be directed to their seats by their favorite Dodger player. VNTANA is a company that specializes in augmented reality that helps brands connect with their customers. For the Dodgers, VNTANA is looking for new ways to engage fans during their ballpark experience. According to SportTechie, “The experience enables fans to interact with a hologram that appears inside the glass box of a kiosk, which will talk back to users in natural language and pick up on cues from their facial expressions to detect emotion and adjust the tone of its responses. The brains powering the artificial intelligence were built by Satisfi Labs, a maker of virtual assistants.” Adding holograms to MLB stadiums would be a leap into the future for a sport that is often considered old-fashioned. Engaging fans is the best way to keep them coming back, and in this creative use of augmented reality, the Dodgers are taking a step ahead of the rest of MLB.

5) The Oklahoma Sooners are not going to be using traditional stopwatches to time the 40-yard dash any longer. Through a partnership with Zybek sports, the Sooners are now going to measure speed through force plates that lie underneath the turf at their new 70-yard performance center. Mike Weinstein, founder of Zybek Sports, told SportTechie about the new technology. “When you’re running the 40-yard dash, the time is an effect of what you’ve done, it’s not the cause,” he said. “The cause of an athlete running fast is the ground base forces that the athlete’s able to generate. Now we’re able to quantify the forces the athlete is generating and then overlay those on the video to show exactly what’s working and what’s not working — in real-time feedback.” Specific features of the new performance facility include 2,000 pounds of force plates that will measure speed, distance, and other features of each player as they complete different types of physical assessments. For the NCAA, this is another step toward a new age of technology and analytics to better figure out what their athletes go through on a daily basis. The data boom is not slowing down, especially for the Sooners.

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