If economists were laid end on end, George Bernard Shaw once famously said, they would not reach a conclusion. Economists agree on many things, of course, but when their views clash, it attracts attention because economics, after all, revolves around the fundamental issues of peoples livelihoods and incomes. The fact that 100 economists recently asked parliament to roll back finance minister Tito Mbowenis supplementary budget appears to lend credence to Shaws view.

But the dire socioeconomic effect of Covid-19, both globally and in SA, calls for tough decisions about lives and livelihoods, buoyed by empirical evidence and a unity of purpose. The fact that the economists have asked parliament not to merely adjust but to reject Mbowenis supplementary budget must be taken seriously and answered.

What have the Treasury, the cabinet (which approved the revised budget strategy), the Reserve Bank, other economists and the markets overlooked in determining how the Covid-19 economy should be managed? The supplementary budgets warnings of a future sovereign risk debt crisis for SA are compelling, as are the economic policy steps needed to avert it. An old proverb says that heavenly vengeance pursues a crime slowly but nevertheless catches up with it in the end. In matters of debt the penalty is not halting; it pursues the culprit at a gallop.

But what is striking about the intervention by the 100 economists in the debate is the extent to which the Treasury has apparently had to fight this battle, at least so far, almost entirely on its own. Where are structures like the Presidential Economic Advisory Council (PEAC), the Financial and Fiscal Commission (FFC) and even the National Planning Commission (NPC) as the custodian of the National Development Plan and its offshoots, in this important fiscal decision-making process?

In particular, the absence of the PEAC in recent economic deliberations and developments is very noticeable. Though occasionally mentioned in dispatches, the PEAC has not, surprisingly, assumed prominence during a period generally described as SAs worst economic setback since the Great Depression of the 1930s. Difficult decisions have had to be taken about the Covid-19 lockdown process. If ever there was a time for the PEAC to be visible and offering sage advice, it is now.

It may be that structures such as the PEAC have indeed been consulted informally behind the scenes. Doing good by stealth has its merits, but it is inappropriate for these times. The PEAC was specifically created nearly a year ago to serve as a forum for in-depth and structured discussion on emerging global and domestic developments, economic and development policies ... and ensuring greater coherence and consistency in the implementation of economic policy. Transparency is needed to build confidence and support.

Yet given the unprecedented and rapid developments over the past few months, most of the economic debate has been left to others, with the PEAC not playing its assigned public role. That does not mean the PEAC, the FFC or the NPC would necessarily be unanimous in their views. But given their professional expertise and credibility, the research that has already been done, and these bodies mandate to give practical advice to decisionmakers, they would bring balance to the debate.

And with the margin for error in policymaking in SA now drastically reduced, the PEAC especially must bring its unquestionable insights to bear in determining what will and will not work in the present economic circumstances. The medium-term budget policy statement in October should now bear the imprint of its counsel. Ultimately, the PEAC is helping to run a country, not a seminar.

Public finance is one of those subjects that sits on the border between economics and politics even more so given SAs febrile socioeconomic climate, now aggravated by Covid-19. Political factionalism in the governing ANC complicates the task of finding practical solutions to pressing socioeconomic challenges. The danger of strongly ideologically driven economic policy is that it turns practical matters into issues of principle.

President Cyril Ramaphosa will find the PEACs advice either valuable or hampering, depending on the extent of political dissent within his own ranks. But if the PEAC now smartly sets about its task, it will nonetheless be in a position to encourage the good economics SA desperately needs for the hard times it is experiencing.

Moreover, the council must be seen to be proactive and not passive in shaping its agenda. It needs to acknowledge the big Covid-19 issues, think about them with a clear and steady mind, and be ready with the right advice at the right time.

Ramaphosa originally said he wanted the PEAC to provide him with frank and honest advice. If SA is to forge a successful, economic plan for after Covid-19, the time for such advice is now.

Parsons is a professor at the North-West University Business School

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RAYMOND PARSONS: Where are all the presidents councils? - Business Day

Amir Hossein Hosseinipour Freelance Journalist interviews Bijan Norouz about his scientific point of view on music.

Bijan Norouz explained that music provides an auditory imagery of the outer world, rather than providing visual images as we see in paintings and literature, from the outer world. Scientific music differs from the way of manifestation of the other arts, although, we can say that it doesnt differ from them, considering the fundamental nature of it, as an art which envisions the responses of human being to the outer world or the inner world.

Amir Hossein Hosseinipour:What is the true nature of scientific music and how do you regard it?

Bijan Norouz:The scientific music shows the inner life of man, using what can be called the human images or human faces. Moreover, scientific music is not be made just by a sound following another. Rather the music is made by a sequence of sounds which is perceived as a whole by our ears, for example a rhythmic expression or a pleasant melody creates music. These units are the same mentioned human faces because they evoke certain mental states in man.

Generally, scientific music joins the other arts, in creating social consciousness or individual awareness of the inner life which man has in common with his society and in revealing the inner history of the society. Not only the scientific music develops the sensitivity and freedom, but it affects the education of the present generation.

Amir Hossein Hosseinipour:What is the structure of scientific music?

Bijan Norouz:As in other arts, structure plays a significant role in scientific music which helps us in understanding the rationality or irrationality of the artists thought about represented issues in the created art. In creating each work, the artist more or less benefits from his personal and social experiences and what he obtains is not a contingency manner, but a set of mental concentrated manners that represents a particular attitude on life. Although scientific music occurs over time and creates structures which are not visual or tangible, it naturally creates something concrete which comes to existence in the outer world of the artist and the audience. It also deals with certain materials that are the same as invisible and weightless sound waves.

Amir Hossein Hosseinipour:Does music has any language?

Bijan Norouz: The language of music is created by the society and in my point of view Music is a Universal Language.

Amir Hossein Hosseinipour:As the founder of the institution of Future and Emerging Music Technologies FEMT, how do you evaluate new and scientific music in general?

Bijan Norouz:This is comprehensible in the new appearance of a music track. On a large scale every new and scientific music is produced from the existing music. The scientific and new music forms the familiar materials from new melodic frames to the great creations which are made from such frames. If languages werent created by societies, no one could create anything.However, real understanding and getting more pleasure out of scientific music is possible, with the participation of human in creating the music. This is a stage of mental evolution of the human and awareness of the existence of potentials and new issues in life, resulting from the changes and conflicts out of himself.

The Article is Translated by Sepideh Hematian

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Bijan Norouz's Thought and His Scientific Attitude of the Cosmic Music - Communal News

Alexander Albon says he has no regrets about the overtaking move he attempted on Lewis Hamilton in the Austrian Grand Prix which led to the two colliding.

We didnt speak afterwards, said Albon in todays FIA press conference. There wasnt too much for me to say, I think, it is what it is.

Im sure Lewis didnt intend to make contact. But not too much to say, really, were just focused straight away into race two.

Albon insisted he wasnt at fault for the collision. The way the corner is, the exit point of where you take that corner is not where it looks like, he said.

A certain camera angle, where I saw people saying theres a car length to go still, you dont exit at that point, the exit points a lot later into the corner just because turn four is quite long. So unless I kind of drove up to the edges of track and then turned again, thats the only real way to give myself more space.

The Red Bull driver said he wouldnt hesitate to attempt a similar move in the future. Id do the same thing again, he said. It has to be done.

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You cant wait around, especially when theyre at a tyre disadvantage. Theres no waiting to be done, really, because obviously we knew they had a pace advantage and it was just a matter of time until the front tyres warmed up. So theres no real regret to that.

Despite his penalty for the incident, Hamilton still finish the race in fourth place, while Albon dropped out of the points and later retired.

At the very beginning its a bit frustrating because youre the one to lose out in the situation, Albon added. But I think just to make it fair, the way its ruled is that they want all the penalties to apply the same way, so no matter what the crash or consequences. Im kind of happy that that is the situation.

Of course it just means that we lost out a bit more than we would have liked.

Albons team mate Max Verstappen also believes Hamilton didnt deliberately cause the collision.

It was just thats unfortunate that happened, said Verstappen. I think it was a great move for Alex you go around the outside there, I think not many people do that.

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Albon: I'd make the same move on Hamilton again RaceFans - RaceFans

With everyone sequestered and self-quarantining due to the coronavirus, weve asked our favorite artists to come up with playlists that keep you entertained. Here is Neurosis guitarist Steve Von Till:

Many of us let music into our lives in a way that can intentionally or unintentionally frame our experience. It can console, celebrate or validate that which has already happened, providing the soundtrack to our personal histories. Music can be the rhythm of the present moment altering the perception of our realities one way or another and inspiring action. Music can also guide our thoughts for the future, be they dystopian or full of hope. Music is power and the permission to feel all the feelings.

Longing for Connectedness to All Things

Luke Schneider Anteludium From his brand new debut album, Altar of Harmony, Luke Schneiders track is a perfect starting point on this journey. If you heard this track before I told you that he was a pedal steel player from Nashville, you might not believe me. This is deep and cosmic ambient music I have read being described as Sunn O))) versus Stars of the Lid. Sounds about right.

John Trudell The Magic Valley I know, this isnt music, but It seems like a perfect moment to hear some words of wisdom from a modern indigenous voice. John Trudell was a Native American author, poet, actor, musician, and political activist who passed away about five years ago. His poetry and spoken word recordings have spoken to me since I was about 19. He has the uncanny ability to bring clarity to what it means to be human. Go search the internet for his Tribal Voice album, its not readily available but its one you want to track down.

Trying to Make Sense of It All

Lungfish Love Is Love An incredibly underappreciated band. The dark horse of the Dischord Records catalog in many ways with a hypnotic mystical bent. More like a chant than a song, the lyrics encapsulate the emotional nature of our species when contemplating the bigger questions. Love is love, always reconciled Love is love, in wind and shade Love is love, alien and strange Love is love, in truth and falsehood

New Model Army End of Days Justin Sullivan has a way of writing moody but inspiring songs that somehow bring the overarching political and societal issues down to a personal emotional level without condescendingly telling you what to think. Revealing macrocosm as microcosm is a classic gift. It isnt just yet, we have to trample Over each other, to reach air We will mix and mend when we have to We will celebrate when we can

Raging Against Injustice

Bob Dylan Masters of War When it comes to wondering what the hell is the matter with some people, no one quite puts that in a song like Dylan. Who else could simultaneously call out the warmongers and racists and piss off the hippies and the folkies. Though Hurricane or Desolation Row might also be appropriate at this moment, Masters of War has that sound of biting disdain for those human beings behind the machinations of power, money, dehumanization and control who have clearly lost their souls in the process.

Discharge Hear Nothing, See Nothing, Say Nothing Since first hearing this in the mid-80s it has been the quintessential album of rage against authority. If Dylan is like Whitman in his lengthy tirades, Discharge keeps it brief, like some sort of punk rock haiku and boils it all down to just a couple lines on top of music sonically akin to air raid sirens and nuclear explosions. Side note: THe 15-year-old punk rock me finds great pleasure in being able to sneak a Discharge song into Spin.

Bad Brains Big Takeover Bad Brains taught all the young punks how it was done. Their musicianship and intensity owned the scene and their lyrics spoke up against discrimination and for a positive mental attitude. We are forever in their debt.

Existential Questioning

Jhann Jhannsson and Yair Elazar Glotman A Minor Astronomical Event This is a recent obsession. I have loved Jhannssons work for a long time, but this posthumous release might be my favorite. Deeply contemplative, moody, and brooding. It is the soundtrack to his first film in which Tilda Swintons narration borrowed from a 1930s sci-fi novel that contemplates both the evolution and end of our species. And it sounds a bit like the carpenter ant infestation in one of our exterior walls right now.

Transforming Sorrow

Nick Cave Girl in Amber Anyone who has followed Nick Caves recent career has witnessed the incredible transformation of an already gifted artist into something greater. Being able to channel personal tragedy and sorrow into a vehicle for beauty, love, compassion, and understanding is one of the highest expressions of our collective humanity.

Overcoming despair

Joy Division New Dawn Fades A trusted go-to desert island track. I first heard Joy Division a decade after the death of Ian Curtis. The myth-making and urban legends had already taken hold and informed the way I heard it, but I know that making music is inherently a joyous activity especially when it can help you exorcise the demons of hopelessness.

Finding the Calm Within the Storm

Gavin Bryars The Sinking of the Titanic 7: Opening Part II One of the best musical gifts I have ever received. Inspired by the story that the band on the RMS Titanic continued to perform as the ship sank in 1912, it is truly a beautiful piece that never fails to bring a feeling of serenity amidst the chaos.

Following the Unbridled Joy of the Moment

The Budos Band Peak of Eternal Night What doesnt sound fun about psychedelic afro-soul meets Black Sabbath? Nothing! I bet it feels incredible to be in this band playing this song!

Creation Rebel Starship Africa Section 1 I heard someone say recently that we experience true joy when we are in a flow state doing what we are supposed to be doing, when we are in sync with our purpose for being here. Being a huge fan of Adrian Sherwoods dub mixes, I have always marveled at the concept of the mix being the active performance, where the studio becomes the instrument. His mixes bring to mind thoughts of being completely in the moment, tuned in, and dedicated to the flow of the sound emanating from the speakers, and that must be very joyous. Hope

Ramones I Believe in Miracles The Ramones were one of the proto-punk bands that brought hope to rock and roll in the age of untouchable bloated arena rock. Bless them and Joey Ramones voice.

The Overwhelming Desire to Rock

The Stooges Search and Destroy Soul radiation in the dead of night

Sonic Youth Kool Thing This just turned 30 years old! Thats how long I have been ripping off that guitar bend.

Black Flag Black Coffee How many folks in this age of quarantine are over-amped on their caffeine and just staring at the walls?

Melvins Honey Bucket True heroes, and true originals that bow to no one. We go back to a time when they taught the punks that our true love of slow Sabbath riffs was justified and should be celebrated. Thank you.

Grounding back to the Earth

Northern Cree Power to My People Coming full circle and back to connectedness. If you have ever been to a public pow-wow you have felt the power. I have always felt that the drum, in any culture or style of music, takes the other ethereal elements and roots them back to the ground, holding them all in place.

Here is the original post:
Steve Von Tills Music Will Get Us Through Playlist - SPIN

With two weeks to ramp up for the 2020 season, the Cincinnati Reds have upped their intensity in intrasquad scrimmages and live batting practice sessions.

The Reds will play two exhibition games against the Detroit Tigers on July 21 and 22, before opening the season against the Tigers on July 24 at Great American Ball Park. In a typical spring training, live BP sessions and controlled scrimmages are just a part of the process.

Now, everything in camp has a little more importance.

The focus, the mental intensity has been above and beyond where we'd expect it right now, Reds manager David Bell said. We need that, we don't want to hold that back. From that standpoint, we're right on track and guys are into it. The attitude has been unbelievable. I don't know what to compare it to, but I'm really proud of the first five or six days, just the way the players are going about it.

Cincinnati Reds catcher Curt Casali (12) talks with starting pitcher Lucas Sims (39) between innings of an intrasquad scrimmage game during preseason training at Great American Ball Park in downtown Cincinnati on Wednesday, July 8, 2020.(Photo: Sam Greene)

Reds utility player Kyle Farmer, in an interview on WLWs Hot Stove League, pointed to a live BP matchup between Trevor Bauer and Nick Castellanos on Monday. Playing against each other in the American League Central, theyve faced each other 55 times. Its more than Bauer has faced any hitter, and more than Castellanos has faced any pitcher.

Farmer, who was catching Bauer on Monday, said it felt like an intense matchup. Castellanos flew out to right field on the last pitch of Mondays workout, but Bauer let him stay in the batters box. Castellanos hammered the next pitch into the upper deck and did a bat flip while Bauer laughed.

"They were just talking smack back and forth, Farmer said. I mean it was insane. I was just like, Good Lord.

Castellanos added:"Just kind of friendly chirping back and forth. Obviously wanting to bring the best out of each other.

During Wednesdays three-inning scrimmage, the Reds tried to treat it as a typical game in the COVID-19 era. They played walk-up music for each hitter. They used the two dugouts. Bell served as the third-base coach for the third inning when they did the new extra-innings rule with the last out of the previous inning starting at second base. Innings were based more on pitch counts, so there was a four-out inning and a two-out inning.

Bell said they will continue to add more elements to the scrimmages. Bench coach Freddie Benavides was set to manage Thursdays Freds Reds against third-base coach J.R. Houses team, the Casas Crew.

You know what? I didnt really notice anything, Winker said. Obviously, its quiet. Once the game started, it was just competing and having fun. Were back out there playing ball. It just felt right. It didnt really bother me. Obviously, theres a constant noise when theres a crowd. Its nothing that I wont be able to get used to.

The Reds piped in some fake crowd noise to experiment, but players didnt seem to enjoy it and it was turned off after a few minutes.

That was something we wanted to try, Bell said. I don't know what we'll do there. I don't know if it'll end up kind of being a standard crowd noise that MLB gives us and mandates for all the teams or it will be completely up to us.

We might try something different than the one we used (Wednesday). That's good, that's why we tried it. It wasn't really serving the purpose we wanted.

Assistant pitching coach Caleb Cotham served as the home-plate umpire behind a screen, several feet behind the catcher. Players in the field and dugouts chirped at Cothamto ring up guys on called third strikes.

He had a rough day, Bell said, laughing. He did say its amazing because your ears are pointing right at the dugout, every comment that came from the dugout, it's amazing how loud and clear you could hear it. He did a good job. He was a little sensitive, but he hung in there and did a pretty good job.

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The scoreboard displays pitching and hitting data in live batting practice during preseason training at Great American Ball Park in downtown Cincinnati on Tuesday, July 7, 2020.(Photo: Sam Greene)

ADVANCED SCOREBOARD: During live batting practice sessions at GABP, the Reds have analytical data shown on one of the scoreboards: velocity and spin rate for pitches, exit velocity and launch angle for hitters.

Its just part of the game, Bell said. I really think that guys are used to it enough already, used to that type of information, that its not a negative in any way. They can use it as a tool. Its not they cant focus on their jobs because theyre looking at their numbers all the time.

I think, especially this generation of players, theyre so savvy with technology and how to use it all. Theres no harm and we think it can benefit all of us to have that information.

NO BUS TRIPS: With a regionalized schedule the Reds will play National League and American League Central teams exclusively teams in the division wont have to use many frequent flier miles.

The Reds furthest road trip is a three-game series against the Minnesota Twins to conclude the regular season. Would they consider taking a bus to any places like Cleveland or Pittsburgh?

We will fly, Bell said. You look at our schedule, it's pretty easy. We have night games on travel days and that actually works out better for us with the short flights and staying on the evening schedule. Typically, you're always hoping for day games on getaway days, but the way this turned out, we like it better this way.

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David Bell says Cincinnati Reds camp intensity is 'above and beyond' expectations - The Cincinnati Enquirer

Pentagram's Astrid Stavro is behind the identity for OffLimits, a new cereal designed to be eaten at any time of day with different flavours designed to match your mood, that's whether you feel "wired" or "tired".

Its creator Emily Elyse Miller approached Astrid to create both the packaging and a distinctive brand to "perfectly embody the brand's energetic and high-spirited attitude". The resulting identity comprises of two unique characters which take centre stage on the packaging, and a brand language featuring bold typography, saturated colours and an expressive tone of voice.

Each cereal flavour is represented by a different character, drawn by Shepard Fairey's Studio Number One. The characters form a key part of the identity, interacting with each other, keeping pets and joining together to create an extended OffLimits family.

'Dash' appears on the caffeine-infused coffee and cocoa flavour while 'Zombie' features on the more mellow vanilla and pandan flavour, and both characters pop up in the various pieces of cereal-related ephemera. "Through these characters and their contrasting personalities, OffLimits is also on a mission to destigmatise difficult conversations about mental health," says Pentagram. As such, each order contains a carefully constructed activity sheet with different stress and anxiety-relieving activities for people to work through while eating their cereal.

"The name OffLimits serves a dual purpose," explains Emily Elyse Miller. "It's a playful take on the sugary treats that always seem to be out of reach when we're young and also represents the element of defiance that's ingrained in the brand's DNA. Right now, the system is broken, and we're rebuilding the world we want to live in. Nothing is off-limits!"

Astrid and her team created a bold logo with the second 'F' just out of reach (or "off-limits"), which is accompanied by a bespoke typeface designed in collaboration with Emma Williams, and a saturated colour palette.

All of these work together to create a vibrant visual language which brings the high energy brand to life. Encouraging us to "break the rules, starting from breakfast", the brand language is irreverent and fun, reinforcing the cereal's playful attitude. The packaging is colourful and bold, and very different from existing "adult-orientated" cereal brands.

The proposed brand assets (such as sleeping masks featuring the word 'Snooze') were carefully selected to help bring OffLimits to life. Other sleep- and breakfast-inspired items include mugs suggesting that we 'Break the Rules', and t-shirts with playful slogans such as 'Keep it Real'. The newspaper-format teaser 'Cereal Times' also features the brand's signature bold typography, bright colours and playful copy.

More:
Astrid Stavro's identity for 'next-generation' cereal that has flavours to match your mood - Creative Boom

FORMER Manchester City star Michael Johnson says it was mental health issues rather than injuries and booze that turned the light off on his career.

The now 32-year-old was hailed as Englands next big star after breaking into the first-team aged just 18 under Stuart Pearce.

3

He continued to blossom under Sven Goran-Eriksson with City rejecting a 12million bid from Liverpool for the midfielders services in 2008.

Johnson was undoubtedly the jewel in the crown of Citys youth set-up, but a succession of injuries to his hamstring, knee and a double hernia brought a halt to his progress.

A battle against depression then followed as his contract was terminated in 2012 with the ex-England U21 international announcing his retirement at just 24.

Johnson asked to be left alone to live the rest of my life after calling it quits as he sought treatment at the Priory while he was also issued with a three-year drink driving ban.

Now in a revealing interview with The Athletic he has claimed it was his mental struggles that led to his wasted talent rather than anything physical or inside a bottle.

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Johnson said: My mindset was just really low. Really low. I had no confidence, no self-esteem.

My way of dealing with it was to play and to be the best. And if Im the best, Im worth something.

Eventually, when I started playing in the first team, when Id sort of made it, when I was playing regularly, that motivation that I had it just went overnight.

I always thought I was going to feel better about myself by playing football and by being in the first team.

When I didnt get that, when I didnt get that relief, it was, Oh, actually I dont feel better.

That light at the end of the tunnel just went.

3

Johnson was troubled by injuries from an early age but he insists they were not an overriding factor in his career being cut-short.

And even though he admits he did go out too much on the town, he says it was not the enjoyable party lifestyle many believed.

Johnson says: I was dealing with things the wrong way.

I had too much free time. I went out too many times, going to nightclubs or whatever.

It was always to try to feel better about myself. And it was unhelpful. I was going out and having a few drinks as a way of dealing with my emotions, to try to give myself a temporary high and feel good about myself for a short period.

Maybe people perceived that as, He doesnt give a f***, that sort of attitude. But it was the opposite.

This is the thing with depression. When youre stuck in that mindset, you find any way you can to try to make yourself feel better."

Despite Eriksson taking him on loan to Leicester, Johnson says his motivation had gone and he returned back to City not wanting to go on playing as he began taking counselling.

While City were enjoying their first title triumph in 2012, twice within the space of three months Johnson was caught drink-driving, earning a lengthy ban and a 5,500 fine.

That summer he checked into the Priory for help.

Finally it emerged the following January Johnson had left City several weeks earlier after his contract was terminated by mutual consent.

EVERY 90 minutes in the UK a life is lost to suicide.

It doesn't discriminate, touching the lives of people in every corner of society - from the homeless and unemployed to builders and doctors, reality stars and footballers.

It's the biggest killer of people under the age of 35, more deadly than cancer and car crashes.

And men are three times more likely to take their own life than women.

Yet it's rarely spoken of, a taboo that threatens to continue its deadly rampage unless we all stop and take notice, now.

That is why The Sun launched the You're Not Alone campaign.

The aim is that by sharing practical advice, raising awareness and breaking down the barriers people face when talking about their mental health, we can all do our bit to help save lives.

Let's all vow to ask for help when we need it, and listen out for others... You're Not Alone.

If you, or anyone you know, needs help dealing with mental health problems, the following organisations provide support:

And that led to him deciding to call it a day permanently so he could focus solely on his mental health battle.

Johnson would later open a bar, a venture that led to him meeting his wife Jen, with the couple now having a baby together.

After a stint as an estate agent, he revealed his main business interest these days is running a car dealership with his father.

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Former Man City star Michael Johnson tells how mental health, not knee injuries and booze, turned light off - The Sun

In a case of first impression at the circuit level, the Sixth Circuit Court of Appeals reversed dismissal of a disability discrimination complaint because the plaintiff had plausibly alleged a condition covered by the Americans with Disabilities Act (ADA) based on a genetic mutation causing abnormal cell development.

Disability for purposes of the ADA is broadly defined as a physical or mental impairment that substantially limits a major life activity. The ADA instructs that the definition of disability shall be construed in favor of broad coverage of individuals to the maximum extent permitted by the terms of the ADA.

In Darby v. Childvine, Inc., et al., No. 1:18-cv-0669, Plaintiff Sherryl Darby alleged that she underwent a double-mastectomy after genetic testing resulted in a positive match for the BRCA1 gene. Although her employer, Childvine Inc., approved her request to use vacation and sick time to cover her absence for surgery, when Darby returned to work, her supervisor told her she had been terminated. Darby alleged that the stated reasons for her termination an unpleasant attitude, dress code violations and by being unable to work were pretexual. Childvine moved to dismiss the complaint. While the motion was pending, discovery revealed that Darby was never diagnosed with cancer, but had a family history of cancer and the genetic mutation BRCA1. The parties stipulated to certain admissions, including that [t]he BRCA1 gene is an impairment that substantially limits normal cell growth. And that, because of her genetic match, Darbys doctors urged her to have a double mastectomy. In dismissing Darbys complaint, the district court concluded that Darby had offered no statutory, regulatory, or caselaw support for her [argument] that the BRCA1 gene, like cancer itself, is a physical impairment that substantially limits normal cell growth.

The Sixth Circuit reversed and remanded. After reviewing the definition of disability in the ADA and the federal regulations, the court posed the following question: Has Darby plausibly alleged that her impairment substantially limits her normal cell growth as compared to the general population due to both a genetic mutation (BRCA1) that limits her normal cell growth and a medical diagnosis of abnormal epithelial cell growth serious enough to warrant a double mastectomy? The answer is yes.

In reaching this conclusion, the court specifically noted that the 2008 amendments to the ADA included normal cell growth in the definition of a major life activity. The court also pointed out that the ADAs implementing regulations cite cancer as a condition that at a minimum will qualify as an impairment that substantially limits a major life activity. Because this language suggests a floor rather than a ceiling, Darbys gene mutation and abnormal cell growth qualify as a disability under the ADA despite not being cancerous. However, the court did not go so far as to say that a genetic mutation that merely predisposes an individual to other conditions, such as cancer, is itself a disability under the ADA. The terms of the Act do not reach that far.

The court emphasized the narrowness of both the issue before the court and its holding. Specifically, the court did not decide whether Darbys condition in fact falls under the ADAs definition of a disability.

Alternatively, the court essentially found that the Darbys condition could be considered a disability under the ADA if certain conditions were met, such as: that her pre-cancerous cells constitute a substantial limitation on her normal cell growth and that her genetic mutation caused those pre-cancerous cells. Those issues require consideration beyond the four corners of Darbys complaint, and may require an expert to prove. Thus, although Darbys factual allegations were sufficient to survive a motion to dismiss, more would be required to survive summary judgment. The court reversed and remanded with instructions for the lower court to consider the claim under Ohio law as well as the ADA.

Despite the narrowness of the Sixth Circuits holding, it provides important direction as to what may constitute a disability under the ADA in cases of genetic mutation and the attendant medical conditions. And, though the court did not resolve whether Darby had adequately pleaded her failure to accommodate claim in this case, generally employers should engage in an interactive process with employees when presented with a medically-documented request for accommodation and provide a reasonable accommodation when possible.

Excerpt from:
Sixth Circuit: A Genetic Mutation That Interferes With Normal Cell Growth May Qualify as a Disability Under the ADA - JD Supra

Jessica Rogers-Hall was one of 57 incarcerated individuals tapped for early release by the governor. While the pandemic creates new challenges for her transition, she remains upbeat.

Jessica Rogers-Hall was released from Coffee Creek Correctional Facility as part of an effort to reduce prison populations in response to the Covid pandemic. (Jake Thomas/Salem Reporter)

Jessica Rogers-Hall didnt believe she was getting out of prison.

She remembered being in her bed one night at Coffee Creek Correctional Facility in Wilsonville when a corrections officer woke her asking about her parole plan.

What do you mean my parole plan? responded Rogers-Hall, who wasnt scheduled for release.

She didnt hear anything more for weeks. She was later called into the release counselors office who told her that she would be released from the state womens prison and needed to find someone to give her a ride.

In June, Gov. Kate Brown announced that in response to the Covid pandemic she would begin the process to commute the sentences of 57 prisoners who met certain qualifications, including being medically vulnerable and having a record of good conduct for the last year. Rogers-Hall was one of those inmates.

Now a free woman, Rogers-Hall, 38, said shes overcome her addiction to meth and has changed as a person. The world around her has also changed. The pandemic has created new challenges for her transition and shes unsure what shell do for work or long-term housing.

Despite it all, she said rolls out of bed every day happy. Shes reconnected with her 19-year-old daughter. She wants to go back to school, maybe with her daughter. But the reason for her upbeat attitude isnt because shes no longer in prison.

People probably think it's weird, she said sitting in a west Salem apartment. But I love life and I love me and I'm finally okay with me.

I didn't think there was any hope for me

Three years ago, Rogers-Hall was arrested with a loaded handgun on a road outside of Silverton. She had attempted to flee police in the Silverton area after she threatened her now-former husband. Police used a spike strip to stop her car.

Rogers-Hall said the incident came after relapsing on meth. She said she was a monster who had hurt a lot of people including her two kids.

I was a really, really, really damaged, broken person, she said. I didn't think there was any hope for me.

She was sentenced in Marion County County Circuit Court to serve five years in prison after being convicted of identity theft, forgery, unauthorized use of a vehicle and being a felon in possession of a firearm.

She said she was mean and angry, picking fights with other women in prison.

My first year in Coffee Creek was hell, she said. I was in the hole, like all the time.

One day, she said she saw a sign for a class on insight and well-being. She didnt care about the class but knew there would be cinnamon rolls. She signed up. The class changed her life.

Anna Debenham, executive director of The Insight Alliance, said she met Rogers-Hall during the program offered by her group. Debenham, whose nonprofit works with prisoners on mental health, described Rogers-Hall as scattered and frenetic but she could tell she had a lot of heart.

She watched her become calmer, kinder and not react harshly to everyday frustrations.

Rogers-Hall said the program taught her to not latch on to negative thoughts and instead redirect her thinking. She said she now controls her dissociative disorder, a mental illness caused by childhood trauma that causes her to check-out when life becomes too stressful.

She said she no longer carries guilt or plays the victim. Shes forgiven others. She said she got her GED, took college courses, started writing and got published. She was on a segment of OPBs Think Out Loud about women changing their lives in prison. She said she became more interested in advocating for her fellow prisoners than fighting them.

Warehouse of despair

At home, Rogers-Hall held a tattered day-planner with a picture of a beach on the cover. Inside, are notes she said that describe the harassment and retaliation from prison staff over her class-action federal lawsuit against the state Department of Corrections for alleged sexual assault.

Reading from the planner, she described how she was berated for an hour for having an extra sheet, kept from her medication and put in solitary confinement. But she said wasnt given a disciplinary report.

She also said she faced retaliation prison staff after talking to a reporter from VICE and other media. The department declined to comment, citing the litigation.

The state prison agency faces a separate lawsuit from civil rights group Oregon Justice Resource Center on behalf of prisoners over its handling of the pandemic.

Rogers-Hall said that her dorm at Coffee Creek Correctional Facility housed 125 women, each on a bunk a foot away from each other. She described it as a warehouse of despair.

It's hot. Theres no air conditioning, she said. And you get sick there and you're screwed.

She said that if anyone showed signs of Covid, they were put in solitary confinement for 14 days. Prisoners would attempt to hide symptoms and instead lay in their bed for days, she said.

The Oregon Justice Resource Center in a statement called Browns approach simply inadequate and called on her increase testing in prisons and to further reduce prison populations.

Andy Ko, executive director of criminal justice reform group Partnership for Safety and Justice, said in an email that the outbreak in correctional facilities could also have catastrophic effects in the communities that surround state prisons and, ultimately, across the entire state.

But Rogers-Hall said she doesnt want to dwell on the past.

So blessed

Rogers-Hall was released from Coffee Creek on July 2 with a food stamp card, a stack of papers and a bag containing travel-size deodorant, shampoo, conditioner and a toothbrush.

After being picked up outside the Wilsonville prison by her attorney, he said that the first thing she wanted to do was go to Fred Meyer to buy a normal bra after wearing sports bras for three years.

Rogers-Hall said she has a compromised immune system from cancer. She initially planned to stay with a friend in Salem. But after her friend came down with Covid that wasnt an option. She stayed in a hotel until she got in touch with a friend who had an empty apartment hes letting her use. She said she wants to work and support herself.

This doesn't happen to people to get out of prison, she said. I am so blessed by the situation.

After being released, Rogers-Hall recalled being struck by people wearing face masks or friends stepping back when she tried to hug them.

Its also created obstacles for her transition. She is waiting a month for an appointment to get her drivers license since state offices arent generally open.

The Oregon Department of Human Services has similarly restricted access to its offices, so she cant arrange a food stamp card or other services.

To get by, her attorney brought her a food box. With a compromised immune system, shes not sure what shell do for work.

But Rogers-Hall is confident everything will work out.

I don't let myself sit back and worry, because if I did, I'd be high, she said. I'd be out there running amok. I can't do that again.

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Contact reporter Jake Thomas at 503-575-1251 or [emailprotected] or @jakethomas2009.

Excerpt from:
After an early release, one former prisoner faces a world reshaped by the pandemic - Salem Reporter

Anaheim Ducks: Guide to the 2020 NHL Draft Lottery by Ciara Durant

Anaheim Ducks: The Franchise All-Time Bracket Matchup by Brad Senecal

ANAHEIM, CALIFORNIA - FEBRUARY 25: John Gibson #36 of the Anaheim Ducks (Photo by Harry How/Getty Images)

The 2019-20 season left a lot to be desired. For the majority of the year, the Anaheim Ducks were a discombobulated mess that lacked the fundamental skills required for success in the modern-day NHL. However, putting the teams struggles aside, there were a few players who stepped up and carried the team on their back. This player displayed leadership skills, dedication, determination, and integrity both on and off the ice.

There are several players that fit the bill, but we left it up to our readers to decide which player would ultimately walk away with the 2020 Hercules Award. The nominees, as decided by the staff at Pucks of a Feather, were Jakob Silfverberg, Ryan Getzlaf, Nicolas Deslauriers, and John Gibson. After much deliberation and a last-minute shift in votes, it is no surprise as to who came out on top.

Jakob Silfverberg (15.3% of the vote): Jakob Silfverberg has stood out over the past two seasons with his incredible determination and fearless attitude. Stepping into a new role this year as Alternate Captain, Silf proved once again why he is a reliable entity on the Anaheim Ducks roster. Some fans were doubtful that he could come out again this season with a repeat performance from 2018-19.

Nevertheless, the veteran forward pushed himself every night, paving the way for himself as one of the Ducks leading goal scorers, once again. His performance both on the ice and off the ice earned him the opportunity to represent the Anaheim Ducks at the All-Star Game, which he, unfortunately, but understandably, had to turn down due to the birth of his daughter.

Ryan Getzlaf (23.6% of the vote): Even in his old age, Ryan Getzlaf is still a sight to behold on the ice. While the thought that his career may come to an end in the next few seasons is bitter-sweet, the Captain still gives it his all. This season was a tough one for him in more ways than one. New coach, new system, new players. Yet, he still maintained his integrity. While the Hercules Award isnt necessarily about leadership, in a way, leadership plays a big role in who gets nominated by the staff here at Pucks of a Feather.

Getzlaf is declining, there is no arguing about that, but he still manages to be one of the teams top point producers every season. At one point this season, Getzlaf was leading the team in goals. Yes, let me say that again, our pass first Captain was leading the team in goals.

Aside from his point totals and his tenacity to keep things going on the bad days, Getzlaf wasnt afraid to step up and publicly call out his team, their attitude, and the way they were playing. Sometimes the heroes have to make the hard calls, and Getzlaf isnt afraid to step up and do what is needed in order for his team to succeed.

Nicolas Deslauriers (25% of the votes):At the beginning of the season, the Nicolas Deslauriers trade was often looked upon by fans as pointless. However, as the season went on, Des quickly fought his way into the fans hearts (pun definetly intended.) Deslauriers was constantly a motivating factor for his teammates. While fighting may be on its way out in the NHL, there is no denying that watching Deslauriers get down and dirty with some of our most hated rivals was a treat, and oftentimes, the best part of the evening.

Nicolas Deslauriers may not be the best player to ever put on a Ducks jersey, but his dedication is on another level. Had the season continued, he would have bested his previous season record. Not to mention, that hat trick was incredible.

At the end of the day, while John Gibson rightfully earned this award, Nicolas Deslauriers could have easily taken it home (he was my nomination as well as vote.) Putting his body and his health on the line for his fans and his teammates is not something many players are willing to do. This season wasnt really much fun to watch, but this season would have been pretty awful without Des out on the ice every night to inspire his teammates and the fans.

John Gibson is an amazing athlete, who doesnt get the credit he deserves. Of course, Ducks fans know how priceless he is, but the rest of the NHL tends to sleep on the incredible talent that is John Gibson. Yes, his stats took a nosedive this year; the 26-year-old goaltender posting the worst save percentage of his career, at .904%. But, Gibson didnt really have much to work with this year, and any other average goaltender likely would have buckled under the pressure.

There was a point during the season where Gibson received a lot of criticism from the fans. The apple of our eye didnt seem to have the stamina he had in seasons past. Nevertheless, it was quickly realized that the netminder cant fix this team by himself, and years of wear and tear were finally beginning to show in his game.

Regardless, Gibson still proved to be the Anaheim Ducks most reliable, valuable, determined, and strong player out on the ice. Every night, for 60 minutes (sometimes more), he experienced brutality at the hands of, not only the opposition but his own team.

The Anaheim Ducks hit new lows this season. With a defense in front of him that didnt play defense, and an offense who couldnt for the life of them find the back of the net, Gibson was often the only player who kept the Ducks from falling to the bottom of the hockey food chain.

Despite visible physical and mental exhaustion, he continued to push himself for the sake of his team, a team that he so clearly believes in; even when they dont believe in themselves. He was the strength and the cornerstone behind what little success the Anaheim Ducks did have. His character and leadership were a guide when they fell hard. Most importantly, he did his best to hold his team accountable, calling them out when they fell into the old patterns of being content with inconsistency.

You have spoken, and we have heard you loud and clear. No one deserves to be recognized as this seasons hero more than John Gibson.

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Anaheim Ducks: John Gibson Wins Hercules Award - Pucks of a Feather