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Monthly Archives: April 2023
From the Right: Drawing the line between trans rights and parental … – The Malibu Times
Posted: April 29, 2023 at 5:56 am
By Don Schmitz
SB 5599 in Washington state has been passed by the legislature and sent to Gov. Jay Inslee, who intends to sign it. Prime sponsor Sen. Marko Liias (D) touts the proposed law as protecting youth seeking gender affirming or reproductive care by removing barriers to safe shelter, or in other words, protecting them by keeping them away from their parents.
Liias stated: Under the bill, shelters would not be required to report youth seeking gender-affirming care or reproductive care to their parents. Instead, the measure requires reporting those youth to the states Department of Children, Youth and Families (DCYF).
You read that correctly. Your kid runs away, goes to a government shelter, and if they are seeking gender affirming treatment (GAT) or an abortion, the government will hide them from you. For an indefinite period of time.
Governor Inslee stated: If a young person is totally estranged from their parents and has no meaningful relationship we need someone to care for that child and the way the legislation is set up is essentially, the Department of Children Youth and Families will step in to that position to care for that child so you have someone looking out for their benefit.
Who decides meaningful relationship and estranged? The child, and Big Brother. Nationally, it has been the norm that should a child run away from their home due to incest or physical abuse, the government will keep the children away and protect them while law enforcement investigates. This, however, is very different.
It is the law in Washington that abortions and GAT are protected health care services. Doctors are shielded from any liability for giving abortions or sex change operations and puberty blockers to minors under SB 1340. Furthermore, a minor can get an abortion at any age without consent or notification of the parents. Puberty blockers can be given at 13, and sex change surgery can happen without parental consent or knowledge should the doctor conclude the child is mature. Should a parent deny their child an abortion or GAT, the government will hide them and provide care.
People have passionate beliefs on GAT, on both sides of the issues. However, the government is stepping in and telling parents Its our decision. Imagine the nightmare of parents cut off from their children, who are making life-altering decisions without them. Children simply arent mature enough for the gravity of this.
Hypocritically, Democrats are sponsoring a juvenile offender sentencing bill (SB 5475) predicated on the expansive body of scientific research on brain development, which shows that adolescents perception, judgment, and decision-making skills differs significantly from that of adults. This is the rationale for reducing sentences because they dont know better when committing crimes.
Feel safe here? Dont. Should your kid run off to a shelter there, under HB 1469, itll be illegal for an agency to extradite them home in contradiction to Washington laws, and GAT is legally protected. A proposedamendmentwould have added language to the bill stating its intent is to not undermine the relationship between a parent and a child and that the act is to be narrowly construed in that context, but it was rejected. This is not a debate about the rights of adults, who if they choose to transition have the right to do so and must be afforded the same rights as any other American citizen afterwards.
Parental sovereignty has been the norm globally since time immemorial, reflected in the Torah, Bible, Quran, and Brahma sutta. We feed, house, love, and above all protect our children, with our very lives if we must. Now the state seeks to supplant that. A Trafalgar poll found 78.7 percent believed minors should be required to wait to undergo sex-change procedures. Puberty blockers can interfere with normal brain function and cause infertility, and many parents consider sex change surgery to be irreversible mutilation of their child. Do we expect that American parents will accept the state taking their kids away and mutilating them? This is going to turn out very badly.
The passion of the Trans community and its political supporters is obvious, and its members have the best of intentions. George Orwell wrote, A totalitarian state is in effect a theocracy, and its ruling cast, in order to keep its position, has to be thought of as infallible. But fallible they are. We gave birth to our children, changed their diapers, fed them the healthiest foods, taught them to tie their shoes, good table manners, morals, the golden rule, sent them to the best schools, how our republic functions, and celebrated holidays filled with love. We taught them right from wrong and cried a little when they left for college. You cant have them, Big Brother, and candidly, you arent nearly as well-equipped as parents to decide what is right for them.
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I was 40,000 in debt but got myself out of it here is the rule I swear by and how it changed my life… – The Sun
Posted: at 5:56 am
A SAVVY mum has revealed how she cleared 40k of debt and changed her life by using one golden rule.
Money blogger Maddy Alexander-Grout shared how she scrimped and saved to make a financial comeback - and even runs her own business now.
Now the mum regularly sharesmoney-savingand budgeting tips with her 31,600TikTokfollowers.
It all started when Maddy finished university, having racked up huge amounts of debt after taking out four different overdrafts.
She told The Sun: "I got into a pickle fairly fast, I saw it as almost free money, I didn't care.
"My spending was out of control. I lived literally hand to mouth at the time."
But the carefree attitude didn't last long - in 2005, debt collectors began to call.
Maddy recounted one scary scenario where a bailiff even showed up at her house.
The period was extremely hard on her, as she revealed: "My mental health was on the ground."
Concerned for her wellbeing and ready to make a change, Maddy moved to Southampton in 2008.
She sought advice from the Citizens Advice Bureau on how to pay off her debt.
While she received many useful tips, it wasn't quite enough.
Instead, Maddy took to creating her own methods to try to make ends meet - and pay off the crippling debt she had amassed.
Maddy, known online as@madaboutmoneyofficial, revealed that she also lived off just 60 per cent of her salary while putting the other 40 per cent towards paying off hercredit cards.
Here's how she broke down her debt and paid it off through clever tactics.
Maddy started by seeking advice from Citizens Advice Bureau, where they suggested the 50/30/20 method to her.
This method works by helping you divide your earnings between your needs, your wants, and your savings.
And Maddy swears by it as her golden rule and top tip to save cash.
Fifty per cent is for all of your needs - all of your bills.
Thirty per cent is on your wants. Youve got hobbies, you want to go to dinner, you want to go shopping, you want to go for brunch. You sure can.
The final 20 per cent is for savings and paying off debts.
But Maddy wasn't sure this would work for her - she said: "I worked out it would take me 60 years to pay off my debt this way, so I came up with my own method."
Instead, she adjusted the figures to create her own rule - 50/10/40.
Rather than spending 30 per cent of her income on her hobbies, Maddy lived frugally, using only 10 per cent on going out.
The final 40 per cent want towards paying off her debts.
She revealed: "I spent 5 or 6 years living on about 15 a week. I became the most frugal person."
What is the 50/30/20 rule?
Maddy and other savvy savers have sworn by this as their golden rule.
The rule states that you should spend up to 50% of your after-tax income on needs and obligations that you must-have or must-do.
30% will be put aside for everything else that you might want.
While you should split up 20% between savings and debt repayment.
These might be things you don't need - but make life a little nicer.
It's important to remember, depending on your income and where you live, 50% may not be enough to cover your needs.
The key to keeping to the rule is being organised.
With bills soaring under a cost of living crisis, many are spending much more than 50% of their income on food,energyand more.
If you're able to save cash, remember to put it in asavings accountthat pays interest.
If not, it means your hard-earned cash is losing value day due to soaringinflation.
Maddy added: "I shopped for yellow stickers on a daily basis, to try to get a variety of foods.
"I also worked in recruitment so got a lot of bonuses - sometimes 3,000 at a time. The bonuses would go straight to paying off my debts."
Shopping for yellow stickers is a great way to find deals on food - especially as the cost of living crisis continues to affect families across the UK.
According oneMarks & Spencermanager, there's even a very specific time you should head down to your store if you're hoping to nab a bargain onfood- and it's likely not when you think.
Maddy also swears by the snowball method to pay off her debts.
Traditional financial advice has been to tackle the largest, highest interest debt first, helping to reducing interest payments - but the "snowball method" has the opposite approach.
It suggests starting with the smallest debts can be most effective for people who struggle to make a debt payment plan and stick to it.
Fans of the "snowball method" believe that paying off smaller balances can keep people motivated and on track as you get the regular satisfaction of knowing you have paid off a debt or closed an account.
Also, if you are being bombarded with debt letters and repayment calls, clearing some of the smallest balances can reduce the noise and stress of being in debt, even if the largest debt remains.
It can also to some extent help boost your credit score, says James Jones, head of consumer affairs at Experian.
He said: If you can reduce your borrowing then this is good news for your credit score, regardless of which accounts you pay off first.
This is because an important score factor is your total unsecured debt, so whichever route you take to becoming debt free is likely to ultimately lead to a similar score outcome.
Things took a turn for the worse when a house fire broke out in the flat above Maddy's at the time.
Despite the damage, Maddy claimed on contents insurance, which saw her gain 15,000 to pay off debts.
With 25,000 worth of debt still hanging over her head, Maddy continued to live frugally.
Insurance helped her pay off some of her debt, as well as bonuses from work, but she still had to save money wherever possible.
She also made some decisions regarding food to help her save cash - often making meals out of just bread and tinned tomatoes.
After 8 years of scrimping and saving, Maddy's methods paid off in the long run.
Maddy revealed: "I've been debt free since 2014.
"We bought a house at the end of 2014 through shared ownership - it was my only option due to my credit rating."
She's now a mum, and shares money saving tips with her fans.
If you are struggling with debt there is a range of help available.
Citizens Advice is a free and impartial service which will help you come up with a plan to get on top of your debt including which payments to prioritise and how to reduce your living costs.
The organisation's website has auseful page with adviceon many aspects of debt, but you can contact them directly by phone, online or in person for more personalised help.
StepChange is another free advice service offering support and guidance online or over the phone, and it's completely confidential.
You'll need to provide details of your debts, income and household spending to get a clear picture of where your money goes.
Where possible, their advisers will help you come up with a plan to repay all your debts but in a way that you can afford.
National Debtline is a charity run offering free and confidential advice to people in England, Wales and Scotland.
You cancontact it onlineor over the phone on 0808 808 4000, between 9am and 8pm Monday to Friday, and 9.30am to 1pm on Saturdays.
An adviser will help you work out what you can afford to repay, and help you decide on the best solution for your debt.
The Sun has published a full list of the help available to struggling Brits.
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OBITUARY – Mary Anderson – Berthoud Weekly SurveyorBerthoud … – BerthoudSurveyor.com
Posted: at 5:56 am
Mary Anderson
Mary AndersonDec. 20, 1930 April 16, 2023
Mary Ellen (Golden) Anderson, 92, of Berthoud, Colo., passed away peacefully in her sleep on April 16, 2023, from colon cancer.
Mary was born in Thayer County, Nebr. on Dec. 20, 1930, to Willie Leon and Vella Mae (Seaman) Golden. Her parents and all eight of her siblings predeceased her, as did her husband, George Raymond (Andy) Anderson. She is survived by her oldest daughter, Shari Anderson, who lives in Texas, along with Sharis two daughters, Kelly (Adam) Corn, and Katy Kilman (Jon Green), and their families, including six great-grandchildren. She is also survived by her youngest daughter, Terry (Bart) Mayes, who resides near Berthoud.
Mary grew up in a time of outhouses and no running water, but always reflected on her childhood as a happy time.
With only a high school education, she went on to employment with the phone company, working her way up from an entry-level position to office manager, one of only two women working in that position at that time. She truly broke the glass ceiling for the women who followed behind her. Much of the secret to her success was her patient and fair approach to all difficult situations. Mary retired from the telephone company in 1987, after nearly 30 years of employment.
In addition to her career, Mary raised her two daughters, supported her husband in his career and avocational interests, maintained a tidy and welcoming home, hosted many parties where her culinary skills were in evidence and turned virgin landscapes in two homes into lovely gardens. Mary enjoyed traveling with her husband and their many friends. Her interests extended in many different directions, including several types of needlework.
After the passing of her husband in 2009, Mary became very actively involved with the Highlands Baptist Church in Littleton. After moving to Berthoud, she found her Christian home at Gateway Baptist Church in Loveland.
All of the above facts dont begin to capture the remarkable woman that she was. She was slow to anger, and generous, kind and compassionate with everyone she met. She was a strong, but gentle woman, who loved everyone and sought to bring comfort wherever it was needed. She shared her love of Jesus Christ with all and truly lived the Golden Rule.
Marys celebration of life was held on Saturday, April 22, 2023, at Gateway Baptist Church in Loveland. Memorial donations may be made in Marys name to Hollys Legacy Fund at Flint Animal Cancer Center, in Ft. Collins (https://advancing.colostate.edu/HOLLYSLEGACY) or Gateway Baptist Church, Loveland Colo. (https://www.gbcloveland.org).
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8 ways to improve your written communications – Smartbrief
Posted: at 5:56 am
(Image credit: Alexandr Kolesnikov/Getty Images)
You are constantly judged by how effectively you express your ideas in both verbal and written communication.
Golden Rule: Make your written messages as long as necessary and as short as possible. Make every word count. Only provide whats relevant. Thinking and writing are interrelated. Writing helps you clarify your thoughts and clear thinking helps you improve your writing.
The following actions will help you organize and focus your writing.
You cant write clearly until you determine what you want the reader to do and why they should do it. Think before you write.
There are two basic approaches.
Decide which examples, stories, facts, statistics, testimonials and quotes will be most helpful in explaining and supporting your message.
This makes your message easy to read and digest.
According to the American Press Institute, sentences with eight or fewer words are understood 100% of the time. Advertising executive David Ogilvy once gave the following advice: Use short words, short sentences and short paragraphs.
Words like these as soon as possible, they and teamwork are vague and imprecise. Ambiguous words often lead to communication breakdowns. Be specific when it comes to naming people, describing action items and due dates.
Active voice lets the reader know immediately whos doing the action.
Good writing requires significant editing. Read what you have written several times. Each time focus on a different aspect of your message such as organization, grammar, word choice and eliminating anything that doesnt add value. Use apps and online tools to make sure your spelling, grammar and punctuation are all correct.
Ask a trusted friend to read it and provide suggestions for improvement.
(My first draft of this article had 780 words. I edited it down to 410 words)
Paul B. Thorntonis an author and speaker.His books are available at Amazon and include:
He frequently posts his views and opinions about leadership on LinkedIn.
Opinions expressed by SmartBrief contributors are their own.
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Draymond Green: Draymond wont be moved by the Draymond rule – Eurohoops
Posted: at 5:56 am
By Johnny Askounis/ info@eurohoops.net
Coming back from a one-game suspension, Draymond Green is determined to help the Golden State Warriors even the Western Conference Quarterfinals best-of-seven series opposite the Sacramento Kings.
They created a Draymond rule before, but that doesnt work, the four-time NBA champion told ESPN after practice Saturday.
Green, 33, served the suspension in Game 3 with the series switching to Chase Center and the Warriors getting on the board after two losses in Golden 1 Center. Game 4 is set for an early tipoff in todays edition of NBA Sundays.
Draymond wont be moved by the Draymond rule, he added commenting on the NBA partly basing the suspension on his history of unsportsmanlike acts, per the official announcement, Ill continue to play the game how I play the game, operate how I operate, be exactly who I am because that leads to winning. If I was losing, they wouldnt be creating Draymond rules. As long as they create Draymond rules, that means were winning and thats great, but it doesnt change Draymond.
Ejected from Game 2, Green was then suspended one game without pay for stepping on the chest of Domantas Sabonis after the Lithuanian center fell to the floor and grabbed his right ankle.
The former Michigan State standout will return to the lineup for the team coached by Steve Kerr, but Andre Iguodala (left wrist surgery) and Ryan Hollins (right foot surgery) will both remain sidelined. Matthew Dellavedova (right index finger surgery) is out for the Kings.
Following the incident and Greens suspension, referees have navigated the 2023 NBA Playoffs forced to make similarly tough decisions.
From Joel Embiid avoiding ejection for kicking Nic Claxton in the groin area to teammate James Harden being tossed for a groin hit on Royce ONeale later in Game 3 of the Eastern Conference Quarterfinals best-of-seven series of the Philadelphia 76ers against the Brooklyn Nets. Also, Dillon Brooks was ejected for a hit on LeBron James in Game 3 between the Memphis Grizzlies and Los Angeles Lakers.
Photo Credit: Getty Images
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Dont Make These 4 Nursing Home Abuse Claim Mistakes in Las … – Legal Reader
Posted: at 5:56 am
Nevada only has a 2-year statute of limitations, meaning if you dont report the abuse in that time, your case can get thrown out, even with compelling evidence.
Las Vegas, NV From systemic understaffing to malicious abuse to plain old neglect, nursing homes all across the state of Nevada have been taking a hard hit. If you or a loved one have suffered abuse of any kind, injury, or God forbid, lost someone as a result of nursing home abuse, you need to speak to the best lawyers you can find. While only a professional lawyer can advise you on how to proceed, below we discuss some basic facts about nursing home abuse, what you should know, and what you shouldnt do.
Knowing how to proceed with a legal case of nursing home abuse can be very tricky. Thats why weve compiled a list of common mistakes that, according to knowledgable Las Vegas nursing home abuse lawyers, may cause problems in your fight for justice.
This is a mistake many plaintiffs make, not realizing the seriousness. Filing a nursing home abuse case will attract the attention of the facilitys insurance company. Insurance companies often lie by saying speaking to them will make them process your claim more quickly.
It does not. All it does is give them information to use against you, to disprove your claim. This is why you should never give a statement to an insurance company.
Discovering that a loved one has been the victim of abuse can be harrowing, and can confuse you. Youll want to act immediately, as you should, not stopping to consider the case itself.
Now, one simple truth that Nevada nursing home abuse lawyers want you to know is the more evidence you have, the stronger your case is. This is why claimants are encouraged to document abuse in any way they can:
Often, an insurance company will throw out an initial offer, knowing that many people are too upset, or intimidated not to accept it. Dont be one of those people. Your loved ones suffering is worth more than a petty hush-up sum that the insurance company is willing to offer.
One golden rule that seasoned nursing home abuse lawyers go by is, if the insurance company is so eager to offer up that money, it means it doesnt come close to enough.
Nevada only has a 2-year statute of limitations, meaning if you dont report the abuse in that time, your case can get thrown out, even with compelling evidence. So tempting as it may be to make extra sure dont delay, and reach out to an attorney now.
Bonus Do: Know what lawyer you need.
If the nursing home abuse or neglect of a loved one resulted in a serious injury or even death, youll probably require the services of a personal injury lawyer. If the abuse was medical, like for instance, they received unnecessary medication or were billed for unnecessary medical interventions, you may require medical malpractice lawyers, instead.
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What Food to Pack for Family Hikes – Outside
Posted: at 5:56 am
Heading out the door? Read this article on the new Outside+ app available now on iOS devices for members! Download the app.
If theres a golden rule for family hikes and adventures, its this: bring food, lots of it, and make it nutritious. Establishing this simple habit increases the chances that your children (and you) will enjoy yourself. Snacks provide energy and rewards for a job well done. And, just as importantly, they help avoid the hangriesthat unruly backcountry breakdown that can turn a glorious family outing into a trailside brawl.
Having the right ingredients on hand, and knowing what and how much to pack means you can easily say yes to that sunny hiking day or biking day, without the fear of calorie crashes and grumpy kiddos. Being prepared is the key to successful outings.
Remember that kids tend to burn an inordinate amount of energy while out exploringall without understanding the art of pacing or fueling. So, good planning starts before you head out the door. Fill them up with a breakfast thats not just sugary cereal. Choose foods that will digest slowly and provide sustained energythink protein, complex carbohydrates, and fats. This could be eggs on seeded toast, a variety of fruits, or oatmeal with nuts or nut butteror all three depending on their age and appetite.
Even after a satisfying breakfast, Ill often hear cries of, Mommy, Im hungry, or When do we get a snack? just as we begin our hike. Sound familiar? Kids tummies are smaller, so hunger pangs come quickly. Give them a small energy bite (see recipe below) once you begin your adventure. Always remember, wherever you go with kids, eating is always part of the plan.
Not to be forgotten is proper hydration. Instead of fumbling with an assortment of bottles, have your child wear a small hydration pack. This helps kids learn to drink on their own, and it helps you avoid having to constantly cater to their needs. Throw some snacks in the pack, too, and the art of fueling will begin to take shape.
Always pack more than you need! Bring a variety of choices and allow kids to self select.
Avoid the high sugar content of store-bought items and make these at home: trail mix, energy balls/bars, and granola. Sliced apples, the classic peanut butter sandwich, or cheese sticks and crackers can also serve you well.Youre looking for foods with a combination of good carbs, fats, protein, and potassium that can help achy little muscles.
For a shorter hike or bike ride lasting an hour or so, pack two to three snacks per child to keep them fueled (theyll self-select and likely wont eat them all). For day trips, bring at least five snacks per childthe more you bring, the happier theyll be. By default, this means youll be happier too and have more time and energy to teach them about the birds, plants, and critters around them.
Remember that kids dont think like adults when it comes to fueling or hydrating. Dont wait until hunger hits; give your kid snacks at regular intervals so their blood-sugar levels dont dip or spike. And remind them to take sips of water.
Finally, to get kids to finish a hike, its okay to employ some gentle incentivizing. If those little legs crave ice cream and thats what helps them keep going, make sure to leave time to get that scoop of rocky road.
Here are a few kid-friendly recipes you can try:
No-Bake Cranberry Oat Energy Bites
Banana Carrot Mini Muffins
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Lawyer Discernment Is Critical In The World Of AI – JD Supra
Posted: at 5:56 am
Law360 - April 24, 2023
Influential preacher Charles Spurgeon said, "Discernment is not simply a matter of telling the difference between what is right and wrong; rather it is the difference between right and almost right."
Artificial intelligence has made incredible advancements in recent years, with many industries adopting it for various applications. Growing practical concerns among artificial intelligence experts, however, include the potential for biased responses, the ability to spread misinformation, privacy concerns and deeper questions regarding how artificial intelligence might upend professions and displace human judgment and discernment.
With every technological advancement comes risks and challenges, and artificial intelligence is no exception. Lawyers who have mastered the legal skill of discernment should have a seat at every table with those addressing the ethical and moral dilemmas to ensure that artificial intelligence is developed and deployed in a way that benefits society as a whole.
Artificial Intelligence
Artificial intelligence is a hot topic of conversation not only as it relates to the tech industry, but in nearly every sector of our economy. The term "artificial intelligence" was first coined by John McCarthy in 1956 and has evolved from a general-purpose mobile robot to self-driving vehicles and speech recognition applications like Siri or Google Assistant.[1]
The three most important technologies that make up AI are machine learning, deep learning and natural language processing.[2]
Machine learning is a process where machines learn to optimize responses based upon structured big data sets and ongoing feedback from humans and algorithms.
Deep learning is considered a more advanced kind of machine learning in that it learns through representation; however, it differs from machine learning in that the data does not need to be structured.
Natural language processing is a linguistic computer science tool enabling machines to read and interpret human language and translate it into computer inputs.
Artificial intelligence experts have become increasingly concerned, however, about the potential drawbacks and ethical concerns regarding AI. For example, AI systems can replicate and amplify human biases, leading to discrimination against certain groups of people.
AI also has the potential to replace certain jobs, leading to economic and social issues. Additionally, AI systems can manipulate personal information, leading to identity theft and security breaches.
AI systems can also be programmed to make lethal decisions, raising concerns about the ethics of using such weapons.
And finally, as AI systems become more complex, it becomes difficult to hold humans accountable for their actions.[3] Awareness of these concerns is important in ensuring that AI is developed and deployed in a way that benefits society as a whole.
When Worlds Collide Technology Versus Morality
Currently, there is no legislation specifically designed to regulate the use of AI.[4] Policymakers and regulators are continually working on developing rules to ensure that the public is protected while promoting innovation. These regulations may draw upon the reasoning employed in Isaac Asimov's three laws of robotics which provide:
In Frank Pasquale's book, "New Laws of Robotics: Defending Human Expertise in the Age of AI," the Brooklyn Law School professor proposes adding the following four new principles to Asimov's original three:
4. Digital technologies ought to complement professionals, not replace them.
5. AI and robotic systems should not counterfeit humanity.
6. AI should be prevented from intensifying zero-sum arms races.
Pasquale argues that the role robotics and AI play in society should not be left to Silicon Valley alone to dictate in that "we need to ensure lasting and democratized human control of the development of technology."[7]
Some opine that the computer revolution has brought about the malaise of "swollen heads" and "shrunken hearts" with many unable to draw on a wisdom of discernment greater than our own.[8]
Similarly, Joseph Weizenbaum, a pioneer of AI, recognized that we must not let computers make important decisions for us because AI as a machine will never possess human qualities such as compassion and wisdom to morally discern and judge.[9]
Discernment
Discernment is defined as "the ability to judge people and things well"[10] or, in Christian contexts, "perception in the absence of judgment with a view to obtaining spiritual guidance and understanding."[11] The word comes from a Latin word, cernere, which means to sift.
Discernment includes the capacity for self-reflection and awareness and empathy toward others abilities that are critical skills in allowing one to make sense of the world and of oneself, and to make judgments, including judgments about who one should be and howone should act.[12]
Discernment in the legal context can refer to the ability of a judge to evaluate the evidence presented in court, assess the credibility of witnesses, and make a sound judgment or decision regarding the case at hand.
Discernment involves careful consideration of all relevant facts and legal principles in order to arrive at a fair and just outcome.
Stated more simply, discernment is the exercise of both judgment and skill in weighing evidence and making legal determinations. U.S. Supreme Court Justice Potter Stewart's "I know it when I see it" test for obscenity is a prime example of the use and need for legal discernment when facing difficult and complex issues.
But discernment does not begin and end on the bench. Rule 2.1 of the American Bar Association Model Rules of Professional Conduct provides:
In representing a client, a lawyer shall exercise independent professional judgment and render candid advice. In rendering advice, a lawyer may refer not only to law but to other considerations such as moral, economic, social and political factors, that may be relevant to the client's situation.[13]
In his paper titled "On Lawyers and Moral Discernment," Robert E. Rodes recognizes that lawyers should not advise their clients to do wrong, but in exercising discernment, they must also refrain from helping their clients do anything wrong that clients might think up for themselves:
Lawyers' moral discernment must extend not only to their clients' agendas but also to how far their service to their clients makes them complicit in whatever wrong the clients do.[14]
Rodes also recognizes that advocacy calls for moral dialogue, noting that a lawyer will make a more effective argument if he or she can lead the court or jury to a moral discernment consistent with the claim the lawyer is presenting.[15]
The process of enacting laws reflecting both public policy and the so-called golden rule also requires discernment, although according to Rodes, we "cannot effectively make people do good and avoid evil through the force of the enacted law, but we certainly do not want to deploy that force in favor of having them do evil and avoid good."[16]
Because the practice of law inherently refines the skills necessary for discernment which include the capacity to listen, awareness of ethical principles, a sense of purpose and discipline the legal community can offer a tremendous benefit in considering and weighing the benefits versus risks of AI, and lawyers should be at the ready to act as advocates and counselors as artificial technology advances.
For example, litigators regularly use their skills of discernment in crafting the theory of the case carefully evaluating the intersection between the application of the law and human psychology.
Similarly, criminal defense attorneys utilize discernment in advising clients regarding the pros and cons of testifying at trial giving careful consideration not only to the specific facts of the case, but the credibility of the defendant, their composure under pressure andhow convincing the testimony is likely to be to the jury.[17]
Additionally, in sentencing the convicted, judges review sentencing guidelines, but typically consider other factors such as whether the defendant has cooperated with the prosecution, and whether the crime is a one-time departure on the record of an otherwise well- intentioned person.[18]
Legislators, who are often attorneys, should employ similar discernment skills in making decisions on how to vote, whom to support and what causes to champion.[19]
They must also be cognizant of not only the political climate, but how certain votes will affect reelection. In facing a difficult decision, legislators will use their own beliefs, value system and listen to their conscience.[20]
Similar discernment skills should be utilized when determining the appropriateness of implementing and developing artificial intelligence; asking the hard questions, such as how much privacy are we willing to trade for efficiency; and whether we value human communication and interaction over automation.
One concrete example where discernment plays an important role is in regard to self-driving vehicles a technology with the potential for several ethical and moral dilemmas.
Debates continue as to whether the engineers who worked on the car technology should decide the ethics of self-driving cars or whether that task should be assigned to the government of the country where the vehicle will be driven.[21]
A team of experts at the Technical University of Munich have pioneered the world's first ethical algorithm for self-driving vehicles, which purportedly fairly distributes levels of risks instead of operating on an either-or principle.[22]
The ethical questions the TUM experts were asked to address include how the software handled unforeseeable events in order to make necessary decisions in the event of an impending accident.
According to Maximilian Geisslinger, a scientist at the TUM Chair of Automotive Technology:
Until now, autonomous vehicles were always faced with an either/or choice when encountering an ethical decision. But street traffic can't necessarily be divided into clear-cut, black-and-white situations; much more, the countless grey shades in between have to be considered as well. Our algorithm weighs various risks and makes an ethical choice from among thousands of possible behaviors and does so in a matter of only a fraction of a second.[23]
The TUM researchers explained, however, that even though algorithms using risk ethics can make decisions based on the ethical principles of each traffic situation, they cannot ensure accident-free street traffic. Therefore, moving forward, additional differentiations, such as cultural differences in ethical decision making, will need to be considered.
Notably, Georgia Tech's research into object recognition in self-driving cars found that pedestrians with dark skin were hit about 5% more often than people with light skin. They found that the data used to train the AI model was likely the source of the injustice: The data set contained about 3.5 times as many examples of people with lighter skin, so the AI model could recognize them better.
According to a G2.com article, "That seemingly small difference could have had deadly consequences when it comes to something as potentially dangerous as self-driving cars hitting people."[24]
Ford Motor Co. recently collaborated with Chris Gerdes, professor emeritus of mechanical engineering and co-director of the Center for Automotive Research at Stanford University to address the ethical problems involved in self-driving vehicles.
According to Gerdes, the solution is apparent and is built into the social contract we already have with other drivers, as set out in established traffic laws and interpreted by courts.[25]
Gerdes believes that if self-driving vehicles can be programmed to uphold the legal duty of care owed to all road users, then collisions will only occur when somebody else violates their duty of care to the self-driving vehicle or there's some sort of mechanical failure, or a tree falls on the road, or a sinkhole opens.
However, if another road user violates their duty of care to the self-driving vehicle by running a red light, the principles we've articulated state that the self-driving vehicle nevertheless owes that person a duty of care and should do whatever it can up to the physical limits of the vehicle to avoid a collision.[26]
Notably, Gerdes' proposed solution follows years of research and lengthy discussions with teams of philosophers, engineers and lawyers.
Lawyers who have mastered the skill of discernment must be at the ready to address difficult questions as technology advances, such as: Do we, as a society, feel comfortable with a computer algorithm deciding if a self-driving vehicle will swerve when a child runs out in traffic?
Similarly, what are the ethical implications related to law enforcement's use of facial recognition databases to identify participants of anti-government protests and create so-called strategic subject lists of likely future criminals?[27]
What are the ethical implications of software programs evaluating certain genetic markers to determine a person's likelihood of developing cancer without any human-to-human interaction?
Other difficult questions that are likely to be addressed as AI advances include whether AI machines might be entitled to certain rights, such as the right to be free from destruction and the right to be protected by the legal system.[28]
To that end, because it is unlikely that technological advancements will cease, the search for true discernment accelerates and deepens. We, the legal professionals of a global society, need to do our part in exercising discernment in forming a partnership between spirit and mind as the frontier of human progress shapes the future.
[1] https://www.simplilearn.com/tutorials/artificial-intelligence-tutorial/ai-vs-machine-learning-vs-deep-learning (last visited April 5, 2023).
[2] https://www.techtarget.com/searchenterpriseai/definition/AI-Artificial-Intelligence (lastvisited April 6, 2023).
[3] https://news.harvard.edu/gazette/story/2020/10/ethical-concerns-mount-as-ai-takes-bigger-decision-making-role/ (last visited April 6, 2023).
[4] https://www.liberties.eu/en/stories/ai-regulation/43740 (last visited April 6, 2023).
[5] "Runaround," Asimov (1942).
[6] https://onezero.medium.com/its-time-to-add-4-new-laws-of-robotics-8791139cdb11 (last visited April 5, 2023).
[7] Id.
[8] Skills of Discernment, Dr. Charles Waddy.
[9] Joseph Weizenbaum,Computer Power and Human Reason from Judgement to Calculation.San Francisco: W H Freeman Publishing; 1976.
[10] https://dictionary.cambridge.org/us/dictionary/english/discernment.
[11] Google.com (last viewed February 27, 2023).
[12] Gosselin, "Cultivating Discernment." Jesuit Higher Education: A Journal 1, 1 (2012).
[13] https://www.americanbar.org/groups/professional_responsibility/policy/ethics_2000_commission/e2k_rule21/ (last viewed February 27, 2023).
[14] Robert Rodes, On Lawyers and Moral Discernment, 46 J. Cath. Leg. Stud. 259 (2007).
[15] Id.
[16] Id.
[17] https://www.protasslaw.com/factors-to-consider-in-deciding-whether-to-testify-at-trial/ (last visited April 8, 2023).
[18] https://www.mololamken.com/knowledge-How-Does-a-Judge-Decide-What-Sentence-To-Impose-on-a-Defendant (last visited April 8, 2023).
[19] https://www.socialstudies.org/advocacy/how-legislators-make-decisions (last visited April 8, 2023).
[20] Id.
[21] https://www.forbes.com/sites/naveenjoshi/2022/08/05/5-moral-dilemmas-that-self-driving-cars-face-today/?sh=7a0ca236630d (last visited April 13, 2023).
[22] https://www.innovationnewsnetwork.com/autonomous-vehicles-made-safe-with-the-worlds-first-ethical-algorithm/29569 (last visited April 20, 2023).
[23] Id.
[24] https://learn.g2.com/ai-ethics.
[25] https://hai.stanford.edu/news/designing-ethical-self-driving-cars (last visited April 13,2023).
[26] Id.
[27] Aziz Huq, "Constitutional Rights in the Machine Learning State", Public Law and Legal Theory Working Paper Series, No. 752 , page 18 (2020).
[28] https://www.jdsupra.com/legalnews/should-ai-machines-have-rights-4583419/ (lastvisited April 18, 2023).
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12 blockbuster movies for summer 2023 ranked: we can’t wait! – What To Watch
Posted: at 5:56 am
To paraphrase the great Billy Joel, summer means "cold beers, hot nights" and blockbuster movies.
Though the start of summer isn't until June 21, the summer movie season starts in earnest in May and runs through August. With the slate of 2023 movies coming out over the summer months, there are plenty of options for multiple visits to the movie theaters this summer.
We at What to Watch have plenty that we're excited to see over the next four months, from big action movies to alternative indie fare playing both in theaters and streaming at home. But for the purposes of this preview post, we're sticking with the big tentpole movies that give blockbusters their name.
Read on to see what movie we have ranked as our most anticipated blockbuster movie of the summer.
The Little Mermaidis absolutely something that we are looking forward to this summer. FeaturingGrown-ishstar Halle Bailey as Ariel andBridesmaidsfunny lady Melissa McCarthy as Ursula, the movie places is the latest live-action adaptation on a Disney classic. Not only is there some long-built-up anticipation to listen to retooled versions of the hit songs "Part of Your World" and "Under the Sea," but we hear that Ursula is getting a different backstory this go around, which should prove interesting for those of us that have seen the animated movie one or 20 times. Terrell Smith
It wouldn't be summer without a broad comedy. Throw in Jennifer Lawrence and you have our attention. In No Hard Feelings, the Oscar-winning actress stars as a down-on-her-luck delivery driver who gets the opportunity for some much needed cash if she helps bring a painfully awkward teenager out of his shell before he heads off to college. Director Gene Stupnitsky was behind the hilarious 2019 hit comedy, Good Boys, can he do it again? We've got a good feeling about this one. Michael Balderston
Horror movies can no longer just be contained to Halloween season, as a number of horror movies are coming out as part of the summer blockbuster season. But the one that we're most looking forward tells a different version of a classic movie monster, Dracula.
The Last Voyage of the Demeter is based on a single chapter from Bram Stoker's original novel about Dracula's journey to London, where the entire crew of the Demeter vanishes without a trace. But how does that happen? This movie will hopefully tell us in fantastically gory detail. Michael Balderston
This summer, Disney and Pixar are whisking us away to Element City, where citizens of all four elements air, earth, fire and water live and work. The golden rule seems to be that they cannot mix, which is precisely what happens when Wade (Mamoudou Athie) splashes down in Firetown after a plumbing incident gone wrong and meets Ember (Leah Lewis).
Elemental looks every bit as creative and visually impressive as you want a new Disney/Pixar adventure to be, packed full of color and life. I'm excited to go on this next journey with our new young heroes. Martin Shore
It's the end of the road for Star Lord, Gamora, Drax, Rocket, Groot and Mantis.Guardians of the Galaxy Vol. 3promises to be one of the biggest hits of the summer as the Guardians face the music one last time. Speaking of music, we're excited to get another killer soundtrack from James Gunn, loaded with retro Top-40 hits as well as B-side gems. It's also Gunn's Marvel Studios swan song as he focused on his work at DC. All in all, GOTG Vol. 3 should deliver action, adventure and plenty of nostalgia as the Guardians fly off into the sunset. Sarabeth Pollock
When I think of a summer blockbuster, I think of all-out action and explosions aplenty. And this summer, we're being reunited once again with Dominic Torreto (Vin Diesel) and the family in Fast X as they do battle with drugs kingpin Dante Reyes (Jason Momoa), who's seeking revenge after Dom and Co. took out his father way back in Fast Five.
Everything we've seen so far suggests we're getting all the best parts of the Fast franchise. Expect even more bombastic action and souped-up supercars as Dom and his crew take on their most terrifying foe yet. Martin Shore
The hype around Barbie has been huge, largely due to the fact that it's got such an intriguing ensemble cast. Stars like Margot Robbie, Ryan Gosling, Will Ferrell, Helen Mirren, Simu Liu, Michael Cera, Kate McKinnon, John Cena, Alexandra Ship, Emerald Fennell and Emma Mackey are all part of the big line-up.
With Little Women's Greta Gerwig at the helm, we certainly have a lot of faith that she will deliver one of the biggest summer movies, transporting us to the colorful, whimsical world of Barbieland and beyond. There's still a bit of mystery surrounding the movie and we can't wait to see what happens. Lucy Buglass
The Flash is one of the greatest Hollywood mysteries we've seen in a long time. Its behind the scenes drama of multiple directors, release dates, complications with Ezra Miller and the new direction of DC movies is fascinating. Then there's Tom Cruise, who hasn't made a movie with Warner Bros. since Edge of Tomorrow so has no real reason to lie, raving about the movie. Amid all the changes at Warner Bros. Discovery, The Flash has stayed afloat. Does it truly have the goods to back all that up? We can't wait to find out. Michael Balderston
We've seen plenty of Spider-Man movies before, but we had never seen anything like Spider-Man: Into the Spider-Verse when it hit screens in 2018. Five years is a long time to wait, but we are finally getting to continue Miles Morales' story with Spider-Man: Across the Spider-Verse, which is set to feature more alternate dimension Spider-Men and Women than you can sling a web at. Even in a summer with the third Guardians of the Galaxy movie and the much hyped The Flash, Spider-Man: Across the Spider-Verse is our most anticipated superhero movie of the season. Michael Balderston
Now, this is seriously exciting! Harrison Ford is swashbuckling his way onto the screen for a final glorious time as Indiana. The buzz around the movie, set in the middle of the Space Race, suggests this is going to be a corker and hopefully get near the heights of the first movie, Raiders of the Lost Arc. Obviously, there are some Nazis thrown in "Nazis. I hate these guys" with Mads Mikkelsen starring as the chief villain. Plus Phoebe Waller-Bridge joins the party as Indiana's goddaughter Helena and the legendary John Williams is providing the score. David Hollingsworth
I'll be the first to admit how disappointed I was with Christopher Nolan's last movie, Tenet, but that does not damper the excitement over Oppenheimer one bit. This star-studded movie (Cillian Murphy, Matt Damon, Emily Blunt, Florence Pugh, Robert Downey Jr., Gary Oldman and more) is not your typical blockbuster fare focusing on the "father" of the atomic bomb, J. Robert Oppenheimer but Christopher Nolan does not do small, so we can only expect he is going to tell an epic story. Oh, and he reportedly recreated a nuclear explosion without CGI, and that we've got to see on the big screen. Michael Balderston
Can Tom Cruise have the biggest summer blockbuster two years in a row? That's TBD, but at the very least Mission: Impossible Dead Reckoning Part One is our most anticipated summer blockbuster of 2023. The Mission: Impossible franchise has been on an absolute tear with its last few movies, and Dead Reckoning is the first of the planned two part conclusion for the franchise and features what is being described as Tom Cruise's biggest stunt yet. Tom Cruise putting life and limb on the line again for our entertainment? Count us in. Michael Balderston
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Review: In How to Blow Up a Pipeline, nihilism is optimism – Detroit Metro Times
Posted: at 5:55 am
Neon
Ariela Barer in How to Blow Up a Pipeline.
Even before I saw this movie, I thought it had a good chance of being the film of the year. Of the decade, even. I wondered if this might even feel like the first movie of the 21st century, zeitgeist-wise. Like, in 2099, when we start looking back at what the past hundred years had been about, the ideas that had shaped it, will historians and culture-watchers point to this movie and say, This is where things really kicked into gear?
I think this is entirely plausible. I also hate that it requires a shit-ton of optimism to even suggest that. And now that Ive seen the movie, I believe my pre-screening suppositions remain credible.
How to Blow Up a Pipeline. Its an incendiary title for an incendiary film. Its a little bit like a horror flick, in that its about a varied group of young people who get together and find themselves in a dangerous situation in which they might be killed. The situation is both of their making and not of their making. The nice green planet theyre living on, with its temperate climate and drinkable water and breathable atmosphere, is being trashed beyond all recognition by people older and more powerful than they are. So they decide to express their displeasure with their environmental inheritance being destroyed in the only way left to them: by fucking shit up, violently.
The planet is Earth, of course, in the here and now. I dont mean to suggest that the film pretends to be science fiction or that it withholds this information. It doesnt. It starts off feeling like a low-key drama about disaffected young people the likes of which weve seen plenty before, only not with the stakes this high. I am trying to impart to my global-warming-denying, or just plain inexcusably fucking complacent, Gen X peers and those older than us that, in many ways that really matter, we are bequeathing to future generations including those already alive, like the characters in this movie a planet that is already intrinsically alien to human life as it has existed since we evolved into something like our current form.
This was inspired by the 2021 book of the same name by Andreas Malm, which is not a novel but a nonfiction manifesto about how the time for nice gentle placid protest has passed, and now its time to violently let the fossil-fuel industry know that their vampire-capitalist bullshit is no longer welcome. So all the characters here are invented for the film, played by a deliciously diverse array of fab young actors: Ariela Barer (who also co-wrote the script), Forrest Goodluck; Jayme Lawson, Sasha Lane, Marcus Scribner. Beautifully, not a lot of infodumping is going on in this movie we are mostly left to figure it out but we can see that for the most part, these are young people from nonwhite backgrounds, some seemingly indigenous, who have not been served well by the supposed American dream. (The oil pipeline they are planning to blow up is in Texas.) Theres one character, a rancher played by Jake Weary, who is white, about whom it might be easy to assume that he is a Republican and maybe he is! though nothing is mentioned on this matter that I can recall but even he is unhappy with the oil company that wants to despoil his land with the pipeline These Kids Today are working together to blow up.
So, like, when carbon crimes hit home, there is little difference between left and right. And carbon crimes are hitting home everywhere now.
Pipeline is a heist drama, and an incredibly tense and intense one. But this is a movie that transcends mere entertainment, even while it is incredibly entertaining. It is about young people who are enormously desperate, and who have nothing to lose, because their elders have specifically engineered a cultural and physical environment that makes them desperate and that has left them no other options. We dont have time for divestment, one kid says. We need to show how vulnerable the oil industry is, another kid says.
I say kid, but only because Im old and theyre young. They are adults who fully comprehend the future they are facing. This is a movie about how nihilism is optimism. Are they gonna blow themselves up in the process of manufacturing their own improvised explosives, one kid wonders? I dont really care, another says with a resigned shrug. They have no other choice. Nihilism is optimism now.
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