25% Flint Kids choose Charter Schools, why?
Look to the twitter or Flint Talk for the Blog Post 10/31/09
If you have Family Law questions please see,
www.flintfamilylaw.com
GOOD MORNING FLINT!
10/29/09
By Terry R. Bankert Flint Divorce Lawyer, who posts here for the following purpose.
“Social Media Issue Advocacy civilly with diverse sociopolitical communities of justice seekers.”
BLOG TODAY, 10/29/09 :
Alex Harris is at it again. This time by his email blast he is telling us who to vote for for 7Th Ward Flint City Council “Personally, I've concluded that Denise Smith Allen is exactly what the 7th Ward does not need. She spouts off about "bringing the Ward together" ----- then proceeds to make the most divisive comments an individual could possibly utter in a public forum. “ Alex Harries see From my email below.. Ask the candidate and you decide,
FROM MY PORTAL,WHATS HAPPENING ON THE INTERNET TODAY .
***
GOGGLE NEWS
http://news.google.com/
“Intense days and nights lie ahead, said Sen. Bill Nelson, D-Fla. Senators who don't like the bill will find themselves the focus of a "prayer session," said Nelson. "They will pray that the retribution of God doesn't come down on them," he joked.”
http://www.google.com/hostednews/ap/article/ALeqM5jlMpJGn28kqCcgU-aGcYE_ZHW-ywD9BJUTN02
Here we go again! -TRB
***
BLOGGING FOR MICHGIAN
http://bloggingformichigan.com/
"Michigan Gov. Jennifer Granholm remains optimistic that some Senate Republicans will support more money for schools, but GOP Senate Majority Leader Mike Bishop said Tuesday he won't alter the Senate's only proposal for raising some extra cash.
"We sent revenues over to the House that we believe are far more palatable and far more sustainable than what she's proposed," Bishop told reporters. "If this governor wants revenue, she's going to have to take what she gets."
Mike Bishop reminds me of why I still support term limits. -trb
***
FLINT TALK
http://www.flinttalk.com/
Political Talk :: RE: Why Flint Council needs an ethics policy - Author: Elias12 Posted: Wed Oct 28, 2009 1:32 am (GMT -5) Topic Replies: 11 00SL2, who in their right mind would want to run for any office in this city”
It is the responsibility of a citizen to become knowledgeable of and participate in the affairs of your government.-trb
***
LOCAL TV 12
http://abclocal.go.com/wjrt/index
“A trucker accused of killing an abortion protester and another man in a small Michigan town has been found competent to face murder charges. “
Murder is murder this man must be held accountable. The protestor coalition should not attempt to exploit this.-trb
***
LOCAL MLIVE,FLINT JOURNAL
http://www.mlive.com/flintjournal/
CANDIDATE FORUM QUESTION
Q: How would you propose modifying the budget to increase public safety?
See,
http://www.mlive.com/news/flint/index.ssf/2009/10/post_54.html
***
FROM MY EMAIL
Attorneybankert@yahoo.com
AN EMAIL BLAST BY ALEX HARRIS
Sherry / Mike, Friends & Neighbors :
Don't know if you had the opportunity to read the Journal story (in print / not on-line) last week regarding the upcoming 7th Ward contest between Dale Weighill & Denise Smith Allen set for next Tuesday, Nov. 3rd. *
I was more than a bit put off with Smith Allen's comments about " the Court Street / College area receiving too much of the attention for her liking."
I did have a chance to talk with Dale about it & ironically, he tells me that Smith Alen not only reiterated that point in her Flint Journal endorsement interview, she was more forceful with added comments like, " the College area having the last number of Council reps from this neighborhood, we were apparently overdue to have her neighborhood's representative elected in the 7th Ward."
Personally, I've concluded that Denise Smith Allen is exactly what the 7th Ward does not need. She spouts off about "bringing the Ward together" ----- then proceeds to make the most divisive comments an individual could possibly utter in a public forum.
She seems to have a real chip on her shoulder & would, in my opinion, be an awful representative for the entire 7th Ward. *
I will make no bones about the fact I'm hoping Smith Allen is repudiated in the strongest terms come Election day, Tuesday Nov. 3rd.
If you have similar feelings, would you please consider sharing these insights about this particular candidate for our 7th Ward Council position.
I'd think that if many of the fine people I know in the 7th knew these sort of things, they'd also reject this polarizing, us against them baloney. *
Last thing, regardless of political bent, I hope the day or two before the election ---- everyone might consider sending out a reminder to those on their e-mail address list that we have an Election slated for next Tuesday, November 3rd.
I fear the turnout could be especially low & that does not portend well when seeking the best possible representative for our Ward. Much thanks, Alex Harris
judyharris008@comcast.net
***
FROM MY BLOG ROLL
http://goodmorningflint.blogspot.com/
NYT
Militants Attack U.N. Guest House in Kabul, Killing Nine - Six U.N. workers, including one American, were among the dead, officials said.
***
STUFF TO DO IN FLINT
http://terrybankert.wordpress.com/
LEGAL
http://terrybankert.blogspot.com/
YOUR SOCIAL MEDIA SOLUTIONS
http://yoursocialmediasolution.wordpress.com/
PUBLIC SERVCE ANNOUNCEMENT.
YOUR DONATING TO A CHARITY IS THE RESPONSIBLE THING TO DO! just my shout out
FLINT MADE OR DELIVERED PRODUCTS AND SERVCES-PAID ADVERTISING
*LEGAL: Law Office of Terry R.Bankert , Legal Services,1000 Beach St Flint Mi 48502, 810-235-1979, http://www.attorneybankert.com/
*Your Flint made or delivered product or service could be here. 1 per category.
By
Terry R. Bankert , Flint MI Native with a downtown Flint Family Law, Divorce Practice.
http://www.flintfamilylaw.com/ -Legal, Family Law, Custody, support and parenting time.
http://goodmorningflint.blogspot.com/- Daily commentary with Flint blog roll.
http://www.facebook.com/attorneybankert- Reflections with the best and the brightest, lets include you!
http://www.flinttalk.com/- Flints Best Discussion Board!
http://twitter.com/terrybankert - Twitter and I still ask, Why?
http://www.myspace.com/terrybankert - My Space, see above
http://www.youtube.com/TRBANKERT -You Tube
http://www.ustream.tv/channel/good-morning-flint -USTREAM
www.linkedin.com/in/TerryBankert- Linkedin
http://terrybankert.wordpress.com/ - My list of stuff to do in Flint, not comprehensive, please double check
http://www.flickr.com/photos/30366181@N05/ - Bankerts pictures and slide shows about Flint Area
http://www.flinttalkradio.com/ - Best Flint POD Casters. 10 a.m,Saturday, Bankert’s is a week in review.
http://www.flint.org/ -Visit my Town ,Flint, MI.
(COMING)
yoursocialmediasolution.wordpress.com
http://www.yoursocialmediasolutions.com/ -start up, give it time, lecture, workshops and training available.
-end-
WHY ALL THIS STUFF?
I am researching the mission statement below with legal analysis. The above links are examples of social media. Your thoughts are appreciated.
Attorneybankert@yahoo.com
MISSION
“Social Media creating a diverse sociopolitical community of justice seekers civilly discussing issues.”
GOAL
Social Media Education and analysis of legal implications.
OBJECTIVES
1.Reputation enhancement by Social Media issue outreach resulting in legal service selection.
2.Become recognized as knowledgeable as a practitioner about Social Media through publication, lecture , teaching, workshops and private consultation.
“SOCIAL MEDIA “ and US.
This is a proposed “learning tool” reviewing “social media” using “social media” and its impact on the new “Attention Age”.
Versions archived at
http://goodmorningflint.blogspot.com/2009/10/social-media-and-you.html
Facilitated by Terry Bankert , http://www.attorneybankert.com/
authored by the “Many”.
VERSION:10.27.09
SOCIAL MEDIA ,REAL TIME
NEWS AND VIEWS ,THE MANY TALKING TO THE MANY,CHANGING HOW WE MAKE DECISIONS; (CONSUMER, POLITICAL,AND PERSONAL) BY HOW WE GET OUR INFORMATION.
WE ALL WANT ATTENTION
Social media platforms play a key role in commoditizing attention because it allows users to share valuable content freely and instantly.[a]
HOW THIS COLLABORATIVE WORK WAS PRODUCED, AND SUBJECT TO CHANGE.
SOCIAL MEDIA RESEARCH USING SOCIAL MEDIA
I began with “WIKIPEDIA“, disassembled the article, reading most of its links interspersing my comments and block head lines to produce a “work” that through use of”social media” will allow the reader to introduce changes and critiques, there by transforming this articals authorship from the one to the many.
Wikipedia (pronounced /ˌwiːki'piːdi.ə/, WEE-kee-PEE-dee-ə or /ˌwɪkɨ'piːdi.ə/, WI-ki-PEE-dee-ə) is a free,[5] web-based, collaborative, multilingual encyclopedia project supported by the non-profit Wikimedia Foundation. Its name is a portmanteau of the words wiki (a technology for creating collaborative websites, from the Hawaiian word wiki, meaning "quick") and encyclopedia. Wikipedia's 13 million articles (three million in the English Wikipedia) have been written collaboratively by volunteers around the world, and almost all of its articles can be edited by anyone with access to the site.[6] Launched in 2001 by Jimmy Wales and Larry Sanger,[7] it is currently the largest and most popular general reference work on the Internet.[3][8][9][10] [wi]
To keep up todate I signed up for a Google alert on "Social Media".
http://www.google.com/alerts?hl=en&gl=us
This way our artical on "Social Media" can be updated immediatley.
WE HAVE A VALUABLE OPINION TO SHARE
Blogs and other user-created content locations serve a key role in adding to the abundance of information of varying quality, reliability, and source on the internet. Facebook, MySpace, YouTube and others allow people to create and share content with friends. Twitter is an example of an Attention Age social media tool that allows for real-time transmission of content and news. [a]
WE WANT TO “BREAK” THE REAL NEWS
In 2008 and 2009, Twitter received notoriety for its staggering growth rate and its users breaking news before traditional media outlets. Sites like del.icio.us and Digg allow users to tag and organize content that they find valuable for others to consume. [a]
SOCIAL MEDIA BASED UPON SOCIAL INTERACTION
Social media are media designed to be disseminated through social interaction, created using highly accessible and scalable publishing techniques. [w]
TECHNOLOGY CHANGES MONOLOGUES INTO DIALOGUES
Social media supports the human need for social interaction, using Internet- and web-based technologies to transform broadcast media monologues (one to many) into social media dialogues (many to many). [w]
(ONE TO MANY) NOW (MANY TO MANY)
It supports the democratization of knowledge and information, transforming people from content consumers into content producers. [w]
CONTENT CONSUMERS ARE NOW PRODUCERS
Businesses also refer to social media as user-generated content (UGC) or consumer-generated media (CGM). [w]
USER,CONSUMER, GENERATED CONTENT
User-generated content (UGC), also known as consumer-generated media (CGM)[1]
or user-created content (UCC),[2] refers to various kinds of media content, publicly available, that are produced by end-users.[3]
The notion of free content has been central to the media sector for decades. Consumers have been willing to receive free content, via commercial radio and television broadcasts, in exchange for advertising. [u]
The rise of the Internet in the 1990s was accompanied by a new debate on free content that was played out through experimentation with all forms of content, including business material that had previously been charged at thousands of dollars per document. [u]
The continued, more vertiginous rise of the Internet this decade has also seen experimentation with free content models, but with one major change. As well as professionally produced material being offered free, the public has also been allowed, indeed encouraged, to make its content available to everyone.[4][w]
The term user generated content entered mainstream usage during 2005 having arisen in web publishing and new media content production circles. [u]
Its use for a wide range of applications including problem processing, news, gossip and research reflects the expansion of media production through new technologies that are accessible and affordable to the general public. [u]
All digital media technologies are included, such as question-answer databases, digital video, blogging, podcasting, mobile phone photography and wikis. [u]
In addition to these technologies, user generated content may also employ a combination of open source, free software, and flexible licensing or related agreements to further reduce the barriers to collaboration, skill-building and discovery.
[u]
The advent of user-generated content marked a shift among media organizations from creating online content to providing facilities for amateurs to publish their own content. [u]
CONVERSATIONAL MEDIA
User generated content has also been characterized as 'Conversational Media', as opposed to the 'Packaged Goods Media' of the past century.[citation needed] [u]
The former is a two-way process in contrast to the one-way distribution of the latter. Conversational or two-way media is a key characteristic of so-called Web 2.0 which encourages the publishing of one's own content and commenting on other people's. [u]
The role of the passive audience therefore has shifted since the birth of New Media, and an ever-growing number of participatory users are taking advantage of the interactive opportunities, especially on the Internet to create independent content. [u]
Grassroots experimentation then generated an innovation in sounds, artists, techniques and associations with audiences which then are being used in mainstream media.[6] [u]
The active, participatory and creative audience is prevailing today with relatively accessible media, tools and applications, and its culture is in turn affecting mass media corporations and global audiences.[u]
The OECD has defined three central schools for UGC:
Publication requirement: While UGC could be made by a user and never published online or elsewhere, we focus here on the work that is published in some context, be it on a publicly accessible website or on a page on a social networking site only accessible to a select group of people (eg, fellow university students). This is a useful way to exclude email, two-way instant messages and the like.
Creative effort: This implies that a certain amount of creative effort was put into creating the work or adapting existing works to construct a new one; i.e. users must add their own value to the work. UGC often also has a collaborative element to it, as is the case with websites which users can edit collaboratively. For example, merely copying a portion of a television show and posting it to an online video website (an activity frequently seen on the UGC sites) would not be considered UGC. If a user uploads his/her photographs, however, expresses his/her thoughts in a blog, or creates a new music video, this could be considered UGC. Yet the minimum amount of creative effort is hard to define and depends on the context.
Creation outside of professional routines and practices: User generated content is generally created outside of professional routines and practices. It often does not have an institutional or a commercial market context. In extreme cases, UGC may be produced by non-professionals without the expectation of profit or remuneration. Motivating factors include: connecting with peers, achieving a certain level of fame, notoriety, or prestige, and the desire to express oneself. [u]
Mere copy & paste or a link could also be seen as user generated self-expression. The action of linking to a work or copying a work could in itself motivate the creator, express the taste of the person linking or copying. Digg.com, Stumbleupon.com, leaptag.com is a good example where such linkage to work happens. The culmination of such linkages could very well identify the tastes of a person in the community and make that person unique through. [u]
Adoption and recognition by mass media
The British Broadcasting Corporation set up a user generated content team as a pilot in April 2005 with 3 staff. In the wake of the 7 July 2005 London bombings and the Buncefield oil depot fire, the team was made permanent and was expanded, reflecting the arrival in the mainstream of the 'citizen journalist'. After the Buncefield disaster the BBC received over 5,000 photos from viewers. The BBC does not normally pay for content generated by its viewers.[u]
In 2006 CNN launched CNN iReport, a project designed to bring user generated news content to CNN. Its rival Fox News Channel launched its project to bring in user-generated news, similarly titled "uReport". This was typical of major television news organisations in 2005-2006, who realised, particularly in the wake of the 7th July bombings, that citizen journalism could now become a significant part of broadcast news. Sky News, for example, regularly solicits for photographs and video from its viewers.
In 2009 a new user generated site called Scoopflash was launched by an Australian based company. This site was aimed at documenting reports of eye-witnesses to major global events. [u]
User generated content was featured in Time magazine's 2006 Person of the Year, in which the person of the year was "you", meaning all of the people who contribute to user generated media such as YouTube and Wikipedia.
Different types of user generated content
Discussion boards
Blogs
Wikis
Social networking sites
News Sites
Trip planners
Memories
Mobile Photos & Videos
Customer review sites
Experience or photo sharing sites
Any other website that offers the opportunity for the consumer to share their knowledge and familiarity with a product or experience
Audio
Video games [u]
New business models
The media companies of today are starting to realize that the users themselves can create plenty of material that is interesting to a broader audience and adjust their business models accordingly. [u]
For instance there are many ways today that newspaper/tabloid readers can contribute online by sending in photos, movies and texts. An example of this movement is the Swedish tabloid Aftonbladet[7] which gives out rewards to the best material being sent in by a reader.[u]
Many young companies in the media industry such as Youtube and Facebook have foreseen the increasing demand of UGC whereas the established, traditional media companies have taken longer to exploit these kinds of opportunities. [u]
When having realized the demand for UGC it is more about creating a “playing field” for the visitors rather than creating material for them to consume. [u]
A parallel development can be seen in the video game industry where games such as World of Warcraft, Sims and Second Life give the player a large amount of freedom and essential parts of the games are actually built by the players themselves.[u]
ATTENTION AGE
Social media utilization is believed to be a driving factor in the idea that the current period in time will be defined as the Attention Age. [w]
The Attention Age is an idea that the current period of time, which overlaps and builds off of the Information Age, will be characterized by the increasing commoditization of attention as it relates to the increasing abundance of information available, particularly on the internet. The Attention Age is marked by the ability of individuals to create and consume information instantly and freely as well as share it on the internet using social media. The period is believed to have begun with the emergence of social media in the first years of the 21st century. [a]
The Internet
It was with the invention of the World Wide Web in 1989 that the Internet truly became a global network. Today the Internet has become the ultimate platform for accelerating the flow of information and is, today, the fastest-growing form of media. [a]
Search vs. Subscription
Searching for information via [[search engine] search engines] like Google and Yahoo are believed to play a less prominent role in the Attention Age as they do in the Information Age because of the rapidly increasing quantity of information. Information consumption in the Attention Age is believed to be more user-focused and targeted based upon preferences discovered by previous activities and user profiles. Tools like RSS allow users to subscribe to content that they feel is valuable. [a]
Retrieved from "http://en.wikipedia.org/wiki/Attention_Age"[u]
THREE COMPONENTS
Social media can be said to have three components;
Concept (art, information, or meme).
Media (physical, electronic, or verbal).
Social interface (intimate direct, community engagement, social viral, electronic broadcast or syndication, or other physical media such as print). [w]
COMMON FORMS OF SOCIAL MEDIA
Common forms of social media;
Concepts, slogans, and statements with a high memory retention quotient, that excite others to repeat.
Grass-Roots direct action information dissemination such as public speaking, installations, performance, and demonstrations.
Electronic media with 'sharing', syndication, or search algorithm technologies (includes internet and mobile devices).
Print media, designed to be re-distributed. [w]
History
The use of the term "social media" has risen steadily since July 2006.[1] At that time, this Wikipedia article on "social media" defined it as a term "used to describe media which are formed mainly by the public as a group, in a social way, rather than media produced by journalists, editors and media conglomerates." [2][w]
TERM COINED
Chris Shipley (Co-founder and Global Research Director for Guidewire Group) is often considered the first person to have coined the term "social media" as we understand it today. The BlogOn 2004 conference, July 22-23, 2004, focused on the "business of social media." Shipley and Guidewire Group used the term "social media" in the months leading up to that event to discuss the coming together of blogging, wikis, social networks, and related technologies into a new form of participatory media. [w]
COMMUNITY DRIVEN INTERNET CONTENT
The term was also used by Tina Sharkey (co-founder of iVillage, former SVP of AIM and Social Media, and now head of BabyCenter.com) in 1997 to describe a form of community-driven Internet content; and by Darrell Berry in 1995 to describe software systems (such as his multimedia MOO client, Matisse), which facilitate the collaborative building of community and the subjective experience of shared "space" via electronic media. He referred to such systems as "social media architectures'. [w]
Distinction from industrial media
Social media are distinct from industrial media, such as newspapers, television, and film. While social media are relatively inexpensive and accessible tools that enable anyone (even private individuals) to publish or access information, industrial media generally require significant resources to publish information. Examples of industrial media issues include a printing press or a government-granted spectrum license. [w]
TRADITIONAL MEDIA
"Industrial media" are commonly referred to as "traditional", "broadcast" or "mass" media.. [w]
SIMILARITIES
One characteristic shared by both social media and industrial media is the capability to reach small or large audiences; for example, either a blog post or a television show may reach zero people or millions of people. [w]
DIFFERENCES
The properties that help describe the differences between social media and industrial media depend on the study. Some of these properties are: [w]
Reach - both industrial and social media technologies provide scale and enable anyone to reach a global audience. [w]
Accessibility - the means of production for industrial media are typically owned privately or by government; social media tools are generally available to anyone at little or no cost. [w]
Usability - industrial media production typically requires specialized skills and training. Most social media do not, or in some cases reinvent skills, so anyone can operate the means of production. [w]
Recency - the time lag between communications produced by industrial media can be long (days, weeks, or even months) compared to social media (which can be capable of virtually instantaneous responses; only the participants determine any delay in response). [w]
TRADITIONAL MEDIA ADOPTING SOCIAL MEDIA TECHNIQUES
As industrial media are currently adopting social media tools, this feature may well not be distinctive anymore in some time. [w]
Permanence - industrial media, once created, cannot be altered (once a magazine article is printed and distributed changes cannot be made to that same article) whereas social media can be altered almost instantaneously by comments or editing. [w]
HYBRID -COMMUNITY MEDIA
Community media constitute an interesting hybrid of industrial and social media. Though community-owned, some community radios, TV and newspapers are run by professionals and some by amateurs. They use both social and industrial media frameworks. [w]
ECONOMIC,SOCIAL AND TECHNOLOGICAL CHARACTEISTICS
In his 2006 book The Wealth of Networks: How Social Production Transforms Markets and Freedom, Yochai Benkler analyzed many of these distinctions and their implications in terms of both economics and political liberty. However, Benkler, like many academics, uses the neologism network economy or "network information economy" to describe the underlying economic, social, and technological characteristics of what has come to be known as "social media". [w]
DIGITAL DARWINISM
Andrew Keen criticizes social media[citation needed] in his book The Cult of the Amateur, writing, "Out of this anarchy, it suddenly became clear that what was governing the infinite monkeys now inputting away on the Internet was the law of digital Darwinism, the survival of the loudest and most opinionated. Under these rules, the only way to intellectually prevail is by infinite filibustering."[3] [w]
Information outputs and human interaction
Primarily, social media depend on interactions between people as the discussion and integration of words to build shared-meaning, using technology as a conduit.
TALK DIRECTLY TO THE CONSUMER OF YOUR GOODS, SERVCIES OR ADVOCACY
Social media has been touted as presenting a fresh direction for marketing by allowing companies to talk with consumers, as opposed to talking at them.[4] [w]
INDUCTIVE AND DEDUCTIVE LOGIC
Social media utilities create opportunities for the use of both inductive and deductive logic by their users.[w]
SPEED
Claims or warrants are quickly transitioned into generalizations due to the manner in which shared statements are posted and viewed by all. The speed of communication, breadth, and depth, and ability to see how the words build a case solicits the use of rhetoric. Induction is frequently used as a means to validate or authenticate different users' statements and words. Rhetoric is an important part of today’s language in social media. [w]
CONSUMER INVOLVEMENT
Social media are not finite: there is not a set number of pages or hours. The audience can participate in social media by adding comments, instant messaging or even editing the stories themselves. [w]
Examples
Social media can take many different forms, including Internet forums, weblogs, social blogs, wikis, podcasts, pictures, video, rating and bookmarking. [W]
Technologies include: blogs, picture-sharing, vlogs, wall-postings, email, instant messaging, music-sharing, crowdsourcing, and voice over IP, to name a few. [w]
Many of these social media services can be integrated via social network aggregation platforms like Mybloglog and Plaxo. [w]
Examples of social media software applications include: [w]
Communication
Blogs: Blogger, LiveJournal, Open Diary, TypePad, WordPress, Vox, ExpressionEngine, Xanga [w]
Micro-blogging / Presence applications: Twitter, Plurk, Tumblr, Jaiku, fmylife
Social networking: Bebo, BigTent, Facebook, LinkedIn, MySpace, Orkut, Skyrock, Hi5, Ning, Elgg [w]
Social network aggregation: NutshellMail, FriendFeed
Events: Upcoming, Eventful, Meetup.com [w]
Collaboration
Wikis: Wikipedia, PBwiki, wetpaint
Social bookmarking (or social tagging)[5]: Delicious, StumbleUpon, Google Reader, CiteULike
Social news: Digg, Mixx, Reddit, NowPublic [w]
Opinion sites: epinions, Yelp
Multimedia
Photo sharing: Flickr, Zooomr, Photobucket, SmugMug, Picasa
Video sharing: YouTube, Vimeo, sevenload
Livecasting: Ustream.tv, Justin.tv, Stickam, Skype
Audio and Music Sharing: imeem, The Hype Machine, Last.fm, ccMixter [w]
Reviews and Opinions
Product Reviews: epinions.com, MouthShut.com
Business Reviews: yelp.com
Community Q&A: Yahoo! Answers, WikiAnswers, Askville, Google Answers [w]
Entertainment
Media & Entertainment Platforms: Cisco Eos
Virtual worlds: Second Life, The Sims Online, Forterra
Game sharing: Miniclip, Kongregate [w]
Other
Information aggregators: Netvibes, Twine (website)
In recent years, numerous companies and brands have used the platforms and channels above as well as many others not included here to market their products. [6] Healthcare and pharma companies have been slower than many other industries to adopt these technologies due to regulatory concerns. [7] Recently, this has changed with many healthcare and pharma companies using social media to communicate with physicians and patients. [8] [w]
References
^ "Google Trends: social media," trends.google.com, http://www.google.com/trends?q=%22social+media%22&ctab=0&geo=all&date=all&sort=0
^ "Wikipedia: social media (9 July 2006)," wikipedia.org, http://en.wikipedia.org/w/index.php?title=Social_media&oldid=62939074
^ Keen, Andrew, The Cult of the Amateur, Random House, p. 15, ISBN 9780385520812
^ "Social Media: the future of small business marketing," Constructaquote.com, http://www.constructaquote.com/home/business-guides/social-media.aspx
^ Golder, Scott; Huberman, Bernardo A. (2006), "Usage Patterns of Collaborative Tagging Systems", Journal of Information Science 32 (2): 198-208, doi:10.1177/0165551506062337, http://www.hpl.hp.com/research/idl/papers/tags/tags.pdf
^ A wiki of social media marketing examples from Peter Kim's blog, Being Peter Kim
^ Miley, M and Thomaselli, R, Advertising Age (2009)"Big Pharma Finally Taking Big Steps to Reach Patients With Digital Media
^ Pharma and Healthcare Social Media Wiki via Dose of Digital [w]
Further reading
Benkler, Yochai (2006). The Wealth of Networks. New Haven: Yale University Press
Johnson, Steven (2005). Everything Bad is Good for You: How Today’s Popular Culture Is Actually Making Us Smarter. New York: Riverhead Books
Scoble, Robert, Israel, Shel (2006). Naked Conversations: How Blogs are changing the way businesses talk with customers. New York: Wiley & Sons
Surowiecki, James (2005). The Wisdom of Crowds. New York: Anchor Books.
Williams, Anthony D. (2006). Wikinomics, How Mass Collaboration Changes Everything. New York: Portfolio. http://www.wikinomics.com/.
Li, Charlene, Bernoff, Josh (2008). Groundswell, Winning in a world transformed by social technologies. Boston: Harvard Business
Shirky, Clay (2008). Here Comes Everybody: The Power of Organizing Without Organizations. New York: Penguin. http://www.herecomeseverybody.org/.
Gentle, Anne (2009). Conversation and Community: The Social Web for Documentation. Fort Collins: XML Press. http://xmlpress.net/conversation.html.
Retrieved from "http://en.wikipedia.org/wiki/Social_media"[w]
References [u]
^ Nielsen BuzzMetrics - CGM Overview
^ Participative web: User-Created Content (pdf), Organisation for Economic Co-operation and
Development
^ User Generated Content: Is it Good for You?, eMetrics Marketing Optimization Summit, Washington D.C. 2007
^ "The growing cost of free online content". Deloitte Media Predictions. http://www.deloitte.co.uk/TMTPredictions/media/Rising-cost-of-free-online-content.cfm.
^ "The growing cost of free online content". Deloitte Media Predictions. http://www.deloitte.co.uk/TMTPredictions/media/Rising-cost-of-free-online-content.cfm.
^ Jenkins, Henry (SODA), "Convergence Culture", New York University Press, New York
^ http://www.aftonbladet.se/71000/
^ "Guardian Unlimited website: The trouble with user generated content". http://blogs.guardian.co.uk/organgrinder/2007/01/the_trouble_with_user_generate.html.
Retrieved 2007-02-10.
Facilitated by Terry Bankert, 1000 Beach ST, Flint MI 48503, 235-1970, http://www.attorneybankert.com/
see
[w]
http://en.wikipedia.org/wiki/Social_media
10/25/09
[U]
http://en.wikipedia.org/wiki/User-generated_content
[a]
http://en.wikipedia.org/wiki/Attention_Age
[wi]
http://en.wikipedia.org/wiki/Wikipedia
GOOD MORNING FLINT!
10/25/09
The Livingston Circuit Court , called the trial court, did not abuse its discretion in entering the divorce judgment nunc pro tunc after the defendant-husband died.
Flint Divorce attorney Terry Bankert presents here several issues :
1.Division of marital property in divorce ; Spooner v. Spooner; Berger v. Berger;
2.Whether the trial court correctly nunc pro tunc entered the divorce judgment after the defendant-husband died; Vioglavich v. Vioglavich; Tiedman v. Tiedman; Ensman v. Ensman;
3.The absence of Divorce plaintiff's signature on the divorce judgment; Trupski v. Kanar;
4.Whether the trial court properly distributed divorce defendant's pre-marital property and held the appreciation in value of this property was not subject to distribution; Reeves v. Reeves;
5.Whether plaintiff wife significantly contributed to the home's appreciation in value; Korth v. Korth; MCL 552.401;
6.Whether the overall divorce distribution of assets was fair and equitable
The source here is primarily Michigan Court of Appeals (Unpublished),Case Name: Gentile v. Graybill e-Journal Number: 44039,UNPUBLISHED,October 15, 2009,v No. 284639 Livingston Circuit Court,Judge(s): Per Curiam - Talbot, Wilder, and M.J. Kelly
[This source document has been altered for “social media” presentation . Do not rely on its content without consulting a Divorce Lawyer.-trb]
The primary issue addressed in this divorce case was the distribution of property.
The trial court placed its finding on the record December 14, 2007.and told plaintiff's counsel prepare and give to the court a written judgment within 7 days. The divorce attorney did not submit the proposed judgment until 20 days later on January 3, 2008.
Plaintiff's divorce lawyer had already signed the proposed judgment when it submitted it to the trial court. The husband died the next day January 4, 2008. The husbands divorce lawyer did not know he died and approved the proposed judgment on January 4, 2008.
The trial court also signed and approved then entered the Divorce judgment later on the same day.
Plaintiff later filed a motion to set aside the judgment asserting it was improperly entered.
The court of appeals said Generally, a "trial court is without jurisdiction to render a judgment of divorce after the death of one of the parties." That makes sense but there are always exceptions.
If the trial court (a)reads all the terms of the judgment into the record with indication of its immediate effect or (b)if there is evidence of reliance by the parties on the terms of the divorce a divorce judgment can be entered even after the death of a party. Here condition (a) was met.
The Court of Appeals looked at the totality of the the circumstances and equities , or fairness, in the case, and said the court held the trial court properly entered the divorce judgment.
There was skepticism of the motivation of the plaintiff in the delay of filing the judgment because the record showed plaintiff knew her husband was seriously ill and hospitalized.
Contrary to the trial court's directive, plaintiff's divorce counsel was to submit the written judgment for approval in accordance with the court rule, plaintiff delayed its submission for 20 days. There was no excuse for the delay. If the Plaintiff had done what was ordered the judgment of divorce would have been entered .
The Court of Appeals found that it was impermissible for plaintiff to unreasonably delay in finalizing the divorce judgment relying on the likelihood the husband would die before it was entered in order to obtain a more substantial award of assets based on the status of being a widow rather than a divorcee.
The finding up held the Livingston County Circuit Court. Affirmed in this case it was okay to divorce a dead person in Livingston County Michigan.
THE LAW APPLIED.
“The division of marital properties is committed to the sound discretion of the trial
court.” Spooner v Spooner, 175 Mich App 169, 172; 437 NW2d 346 (1989). The trial court’sfactual findings are reviewed for clear error. Berger v Berger, 277 Mich App 700, 717; 747NW2d 336 (2008). If the trial court’s findings are not clearly erroneous, we then decide whetherthe “dispositional ruling was fair and equitable in light of those facts.” Id.
HOW IS MARITAL PROPERTY DIVIDED?
Factors to beconsidered in the equitable division of a marital estate include:
(1) the duration of the marriage,
(2) the contributions of the parties to the marital
estate,
(3) the age of the parties,
(4) the health of the parties,
(5) the life situation
of the parties,
(6) the necessities and circumstances of the parties,
(7) the parties' earning abilities,
(8) the parties' past relations and conduct, and
(9) general principles of equity. [Id.]
WHAT EVER EACH PARTY OWNS IS PART OF THE MARRIAGE OR MARITAL ESTATE, BUT IS THERE A REASON SHOULD IT BE SEPARATED FOR THE BENEFIT OF ONE SPOUSE.
“[T]he trial court's first consideration when dividing property in divorce proceedings is
the determination of marital and separate assets.” Reeves v Reeves, 226 Mich App 490, 493-494;575 NW2d 1 (1997).
IF AN ASSET IS ORDER TO BE HELD SEPARATE FOR ONE SPOUSE THAT SPOUSE HAS IT AWARED TO THEM WITH EXCEPTIONS
“Generally, . . . each party takes away from the marriage that party's own
separate estate with no invasion by the other party.” Id. at 494. Separate property is subject to distribution only when one of two statutorily created exceptions is met.1 Id.
IF THE OTHER SPOUSE CONTRIBUTES TO IMPROVING THE VALUE OF AN ASSET THAT COULD HAVE BEEN SEPARATED IT COULD BECOME JOINT PROPERTY.
In this instance, plaintiff asserts MCL 552.401, which permits the invasion of separate property if the other spouse "contributed to the acquisition, improvement, or accumulation of the property" is applicable. Id. at 494-495.
THE CONTRIBUTION MUST BE SIGNIFICANT
However, a party’s contribution must be seen as having significantly
assisted in the growth or appreciation of the asset before separate or pre-marital property can be invaded for distribution. Reeves, supra at 495 (emphasis added).
HUSBAND HAD THE PROPERTY BEFORE THE MARRAIGE
The home, adjoining five and ten-acre land parcels, and the nine parcels of land located
in Washtenaw County were Samuel Gentile’s separate property before the parties married.
WIFE DID NOT CONTRIBUTE TO THE PROPERTY
A review of the lower court record, reveals the absence of any evidence that plaintiff significantly contributed to the appreciation in value of the home. Korth v Korth, 256 Mich App 286, 292; 662 NW2d 111 (2003); Reeves, supra at 495.
THE HUSDAND OWNED THE PAID OFF HOUSE BEFORE THE MARRAIGE
The home was completely built and paid for before the parties married. Plaintiff’s only contribution was in the selection of carpeting for the home. There was no evidence that plaintiff invested any of her own money in the property other than her rather vague testimony that she made a cement purchase and “bought stuff” for the home, including all the groceries.
WIFE SAID THE DIVISION OF MARITAL ASSETS WAS NOT FAIR
Plaintiff also contends that the overall distribution of assets was not fair and equitable.
BEFORE DIVISION THE SEPARATE PROPERTY IS TAKEN OUT OF THE MARITAL
ESTATE
Before a determination pertaining to whether a distribution was equitable is made, the separate assets of the parties must be identified and omitted and only the value of the marital assets is to be considered. Reeves, supra.
THE HOME WAS FOUND TO BE SEPARATE FOR THE HUSBAND BUT THE WIFE TOOK $100,000
Notably, in the months preceding plaintiff’s leaving the marital home she withdrew approximately $103,200 from a joint account, to which she did not contribute or deposit any funds.
THE WIFE IS 63 THE HUSBAND IS 78
NUNC PRO TUNC , DID THE TRIAL COURT DO IT RIGHT
We review the trial court's decision to enter an order nunc pro tunc for an abuse of
discretion.
DEAD PEOPLE DO NOT USUALLY GET DIVORCED.
Vioglavich v Vioglavich, 113 Mich App 376, 386-387; 317 NW2d 633 (1982).
Generally, “[a] trial court is without jurisdiction to render a judgment of divorce after the death of one of the parties.” Tiedman v Tiedman, 400 Mich 571, 576; 255 NW2d 632 (1977).
THERE ARE EXCEPTIONS WHERE DEAD PEOPLE CAN GET DIVORCED
However, exceptions to this rule exist based on whether the trial court read all the terms of the judgment into the record with indication of its immediate effect or if there is evidence of reliance by the parties on the terms of the divorce. Id. at 575 n 1, 577.
ITS OKAY FOR THE LIVINGSTON CIRCUIT COURT TO DIVORCE THIS DEAD PERSON.
Based on the circumstances and equities in this case, we find that the trial court did not
abuse its discretion when it entered the judgment of divorce nunc pro tunc. Vioglavich, supra at 386-387.
THE WIFE KNEW THE HUSBAND WAS SICK AND SHE WOULKD GET A BETTER DEAL IF HE DIED BEFORE THE DIVORCE WAS ENTERED
The record demonstrates that plaintiff was aware that Samuel was seriously ill and
hospitalized. Contrary to the trial court’s directive that plaintiff’s counsel was to submit the written judgment for approval in accordance with MCR 2.602(B)(3), plaintiff delayed its submission for 20 days.
Posted here by
Terry Bankert
http://www.flintfamilylaw.com/
GOOD MORNING FLINT!
By Terry R. Bankert Flint Divorce Lawyer, who posts here for the following purpose.
“Social Media Issue Advocacy civilly with diverse sociopolitical communities of justice seekers.”
BLOG TODAY, 10/24/09 :
The headline should read “LOCAL DEFENSE ATTORNEY’S CLEANS THEIR CLOCK!” Why did this take so long? When will the City get is money? Why did the Prosecutor agree to no jail time? Why is one defendant ordered to pay about $200,000 and the other over $1,000,000. Why did the City give them money in the first place? Has the policy that allowed this been changed?
http://www.mlive.com/news/flint/index.ssf/2009/10/joseph_giacalone_and_daniel_ro.html
FLINT MADE OR DELIVERED PRODUCTS AND SERVCES-PAID ADVERTISING
*LEGAL: Law Office of Terry R.Bankert , Legal Services,1000 Beach St Flint Mi 48502, 810-235-1979, www.attorneybankert.com
*Your Flint made or delivered product or service could be here. 1 per category.
By
Terry R. Bankert , Flint MI Native with a downtown Flint Family Law, Divorce Practice.
www.flintfamilylaw.com -Legal, Family Law, Custody, support and parenting time.
GOOD MORNING FLINT!
10/20/09
By Terry Bankert
Terry Bankert is a Flint Divorce lawyer sharing his opinion with you.
FLINT CITY CHARTER LEARN TO USE IT OR CHANGE IT!
It’s not working, should it be fixed?
Can a form of government be too complex, too subtle?
Why do Mayors dominate when the form of government in Flint Michgian made them equal to the legislative branch?
If you have rules and doctrine intentionally not followed with no meaningful sanctions should they be changed? Why will the next set of rules be followed?
Currently there is leadership and follwership discussion concerning the Flint City Charter and should it be tweaked, amended, or scrapped. Some say the strong mayor has not worked.
http://goodmorningflint.blogspot.com/
I say the council has not demanded enforcement of the charter.
The reality is the city during this form of government went though a recievership, many contentious years of an administration that represented what happens when you do run a unit of government like a business, a small dysfunctional business.
We are just tired and want a city we can be proud of.
Ironically what ever is the mix of victors in the council election we have an excellent city council on the horizon and an incumbent mayor that does represent the potential of the “ best and the brightest.”
There is no quick easy fix. The city manager experiment was tried here, and it to was thought to not work,
LET’S START WITH THE REAL ISSUE.
Its us. The citizens of Flint have not demanded excellence, we have not learned the issues of our city, the rules of ordinances, charter and state and federal law. The implications of a declining economy on the quality of city life. We have not been a responsible electorate, informed , articulate and demanding excellence.
WE HAVE A GOOD CHARTER ON PAPER, WHY IS IT NOT WORKING?
The underpinning of our current charter is professional management and ethical constraint on those that hold power. Both concepts have been ignored, misunderstood, or manipulated for political gain.
We have only had one professional municipal manager hold the position of city administrator. Mr. Early in the Stanley Administration is the only example. The council should never have allowed the untrained hold this position, though some were and are competent managers.
The council failed. The citizens failed by not demanding the council only allow city administrators to be school trained with extensive municipal management background.
Promulgated rules and procedures, ordinances in the public interest, standards of conduct board and the ombudsman position are the four corners of citizen protection from unethical conduct. Every one has failed here. Was the charter too complicated?
CHANGE WILL NOT COME EASILY.DETROIT IS IN CHAOS WITH CHARTER REVISION
Here is what I think will happen after the November election. The council will put the ombudsman office and the human relations commission on the ballot for a charter amendment to eliminate them.
There will be talk of charter revision commission but the council will never put it on the ballot. The original version of the current charter called for council to have 2 year terms they changed it to 4 years terms.
They do not have to worry about their jobs for 3 more years. By eliminating the ombudsman and the requirement for promulgated rules and procedures, , ordinances in the public interest, and the clerk or the city attorney never calling a meeting of the standards of conduct board the citizens are left in the dark, kicked to the side of the road while the same nonsense we have suffer for the last 10 plus years continues.
WHO IS THE PROBLEM THAT CAUSES GOOD GOVERNMENT IN FLINT MI.
ITS YOU ,
ITS ME,
ITS ANY FLINT CITIZEN THAT DOES NOT DEMAND EXCELLENCE AND THAT THE CHARTER BE FOLLOWED THAT IS THE REAL PROBLE,M.
CHANGES MAY BE NEEDED BUT UNLESS THE COMMUNITY ENGAGES IN THE PROCESS THERE WILL BE NO IMPROVEMENTS.
GET INVOLVED!
ITS ABOUT POWER.
Power in politics or local government is the ability to influence a resource allocation decision.
Who do you want to have power over you?
What do you want the rules to be?
Posted here by
Terry Bankert
10/20/09
http://www.flintfamilylaw.com/
GOOD MORNING FLINT!
10/20/09
By Terry Bankert
Terry Bankert is a Flint Divorce Lawyer sharing his opinion on local issues.
WHERES THE BEEF! WHERE IS THE NEIGHBORHOOD AGENDA?
Several thoughts struck me when I left the 10/19/09 League of Women Flint City Council Forum [I could only stay for the first of two hours.].
WE HAVE LEFT THE FOXES IN CONTROL OF THE HEN HOUSE AND THEY ARE EATING THE CHICKENS! NOW IS THE TIME FOR YOUR CITIZEN INVOLVEMENT IN FLINT! ITS WORTH FIGHTING FOR.
My observations.
1. The winners of the November Election get 4 year terms , they will not have to campaign for another 3 years, the 1974 Charter called for 2 years, the council amended it to 4. That’s too long, the council should be returned to two year terms. This will keep the council accountable in the community instead of becoming elite downtown politicians.
2.There seems to be a budding consensus among sitting council people and a block of candidate to throw out two provisions in the current Flint Charter designed to protect the voter, the Ombudsman’s office and the Human Relations Commission. The ombudsman through independent is a creature of the legislative branch. Leadership on the council has opposed the ombudsman office since I held it in ancient times. The people have voted 3 times to keep the office and the council continues to thwart the will of the people by trying to kill it by under funding and trash talking the current incumbent that they appointed. Nuts to them.
3.My gut feeling is that all roads lead to County Executive, by County economic interest who have co-opted city interests through their overreaching influence on the current and wanna be Flint City Council . Specifically I am talking about the Genesee County Regional Chamber of Commerce and its appendage the Downtown Re- Investment (Cabal), sorry Phil. (Phil, you should really talk to me when I spend money in your restaurant.).
These interests are opposed to a strong neighborhood reinvestment strategy. They think a County Executive , elected by the Chamber and Downtown interest , should run the city of Flint.
CANDIDATES AND INCUMBENTS PLACE DOWNTOWN OVER THE NEIGHBORHOODS, THEY GET $ AND SERVCIES. WE GET TRICKLE DOWN
So when you hear council candidate say, eliminate the Flint Ombudsman’s office or eliminate the Human Relations Commission to even get rid of the strong mayor form of government or calling for a Charter Revision Commission you are really are hearing the Flint City Council and candidate parroting the the Downtown vs. Citizens of Flint Interests.
4.In two of these forums, I left early at the last one , I have not heard a clear neighborhood agenda articulated. Granted increased police protection and building demolition clearly are two planks on a neighborhood platform. We need a grass roots, neighborhood group by neighborhood groups process of communication to keep the citizens informed on the issues of charter change. What do you suggest?
[video and pictures to follow here.]
Thumbnail
http://www.flickr.com/photos/30366181@N05/sets/72157622500405643/
Slideshow
http://www.flickr.com/photos/30366181@N05/sets/72157622500405643/show/
FLINT Wards, 4, 7 and 9 Monday, October 19th, Brennan Community Center- 1301 Pingree St.,,moderator: Gabe Gutierrez, WJRT TV-ABC12 Candidates: 4th Ward -Joshua M. Freeman and Sandy Hill,7th Ward- Denise Smith Allen and Dale K. Weighill,9th Ward- Scott Kincaid and Jeanne R. Reiter
DID YOU KNOW?
ITS YOUR CHARTER, ITS STRONG BUT IMPLIMENTED BY WEAK PEOPLE WITH AN AGENDA FOR UNACCOUNTABILITY AND NO ETHICAL MONITORING.
“CITIZEN INTEREST IN THE EFFECTIVE AND ETHICAL CONDUCT OF CITY BUSINESS IS SERVED BY….THE OFFICE OF OMBUDSMAN AND A STANDARDS OF CONDUCT BOARD.” [cr]
This provision in the flint City Charter is intended to protect us from the politicians that run Flint .
It has intentionally been thwarted by the Flint City Council’s own neglect and calculated intention to destroy the Flint Ombudsman office.
It’s the council job to make the charter work some of them and candidates are saying they are not up to the job! I will quote 2 paragraphs from a 1974 charter revision document.
”Citizen interest is effective and ethical conduct of City business is served by two new measures in the Charter. CRC has created the office of ombudsman and a standards of Conduct Board. The Ombudsman is a City official appointed by 2/3/ vote of the Flint City council for a non-reusable 7 years. The office is intended too check bad or unfair practices in City Administration. The Ombudsman has broad powers of investigation in City Affairs. The officer responds to citizen inquires and may initiate investigations. The ombudsman can only seek information on the failure of city services or suspected misconduct. Prosecution or imposition of penalties must be done in the courts."
"The Standards of Conduct Board oversees the conduct of elected officials and guards against unethical conduct of City Business. There is a Charter section which requires the City Council to enact ordinances in the public interest. These ordinances must prohibit conflict of interest among employees and elected officials and provide for campaign finance disclosures. The standards of conduct board will help employees and officials to conform to the ordinances required in the public interest.””
“The City shall by ordinance, establish a Human Relations Commission charged with the responsibility of reducing unlawful discrimination and increasing mutual understanding among the residents of the city.” Flint City Charter 6-501
ASK YOUR CANDIDATES WHY THEY WANT TO THROW AWAY CITIZEN RIGHTS BY ELIMINATING THE FLINT OMBUDSMANS OFFICE AND THE HUMAN RELATIONS COMMISSION.
THE FLINT JOURNAL OFFERED EXECLLENT COVERAGE by Kristin Longley at http://blog.mlive.com/flint-city-beat/2009/10/league_of_women_voters_hold_fo.html
Please Read her article, she summarized several of the prepared questions.
Q: What is the most important issue in your ward and in the city? How would you address it?
Q: Does the city charter need either a complete overhaul or any amendments?
I tend to agree with Scott Kincaid now may be the time for a charter revision commission.
But for different reasons.
I would suggest the council impanel a study group , of neighborhood and crime watch group leadership, to advise to the council and the community on deficiencies in the current charter ( is any), the charter commission selection process and to educate the public on the process.
We, you and I, could form this group to begin the work and inform our community.
Work needs to be done before it, Charter Revision, is put on the ballot and if approved followed by an election of candidates. Citizen education first.
The Forums are/were brought to you by Cosponsors: Alpha Kappa Alpha Sorority, Inc., Zeta Beta Omega Chapter, Delta Sigma Theta Sorority, Inc., Flint Alumnae and The League of Women Voters of the Flint Area
The last forum is 10/27/09, 7- 9 p.m. FLINT Wards 5, 6 and 8 Tuesday, October 27th Calvary United Methodist Church, 2111, Flushing Rd. Moderator: Tia Ewing, WNEM-TV5, reporter Candidates: 5th Ward- Bernard Lawler and Lynne Waybright 6th Ward- Sheldon Neeley and J.C. Walker 8th Ward- Ehren Gonzales and Michael J. Sarginson
I will not suggest how you should vote nor tell you how I will.
Ask your candidates about issues like elimination of the Ombudsman’s office.
Make an informed decision.
Posted 10/20/09
By Terry Bankert
http://www.flintfamilylaw.com/
See [f] http://blog.mlive.com/flint-city-beat/2009/10/league_of_women_voters_hold_fo.html
[c] Flint City Charter http://www.amlegal.com/nxt/gateway.dll/Michigan/flint_mi/cityofflintmichigancodeofordinances?f=templates$fn=default.htm$3.0$vid=amlegal:flint_mi
[cr] 1974 Charter Revision Document
GOOD MORNING FLINT!
10/18/09
BY TERRY BANKERT
http://www.attorneybankert.com/
This is a Genesee County/ Flint Family Law, post Divorce child support collection case.
Terry Bankert is a Flint Divorce Lawyer here sharing a review of a case that raised important family law issues.
Issues:
Whether the trial court properly granted the defendants' motion for summary disposition; in a post divorce case. Res judicata; Adair v. Michigan;
Fraudulent transfer of assets affecting child support; Foodland Distrib. v. Al-Naimi; Coleman-Nichols v. Tixon Corp.; MCL 566.31(1)
See;Court: Michigan Court of Appeals (Unpublished),Case Name: (W) v. (W)
e-Journal Number: 43964, Judge(s): Per Curiam - Murray, Markey, and Borrello
UNPUBLISHED, 6, 2009, v No. 287513,Genesee Circuit Court, LC No. 06-084474-CZ.
[For the purpose of presentation this case has been modified. Do not rely on its contents without assistance of an attorney. trb]
EX HUSBAND WINS
Since all the issues which could have been litigated were decided by a family court hearing referee and if the fraudulent transfer of assets issue had been raised by defendant-EX HUSBAND (as it could have been) he would have been in privity with defendant-GIRL FRIEND and res judicata would have applied, the court held the trial court correctly held plaintiff presented no evidence of a fraudulent transfer and properly granted defendants' motion for summary disposition.
The PARTIES were married, had two children, and there was a divorce in 1991.
By 2006, the children had reached majority and THE EX HUSBAND owed over $70,000 in child support.
Under the divorce judgment, he was ordered to pay half of all uninsured medical, dental, optical, and pharmaceutical expenses.
In 2003, he met and became romantically involved with (T), who was also interested in THE SAME BUSINESS, she had a business background.
She opened a BUSINESS and THE EX HUSBAND agreed to teach there two days a week. Her business flourished, but his continued to struggle financially. (T) loaned him money for his business, but his vehicle was repossessed and he closed his business with many outstanding debts.
He worked at (T) studio as an independent contractor. She did not pay him much money, but bought a car he could use and paid for other "perks." In 2006, plaintiff began to pursue THE EX HUSBAND for reimbursement of child care medical expenses she had paid. In July 2006, the referee found THE EX HUSBAND owed some money, but only for bills incurred after January 2004.
The referee found making him pay older bills would be "inequitable due to the age of the bills and the prejudice to Defendant." The order was not appealed. Plaintiff then filed this case seeking unpaid child support, "delinquent medical expenses," and rescission of "fraudulent conveyance of business and personal assets."
The trial court granted defendants' motion for summary disposition holding the request for medical expenses was barred by res judicata because it was decided by the referee and not appealed, the fraudulent transfer claim relied on a repealed statute, plaintiff failed to present any documentary evidence establishing a genuine issue of material fact, and awarded defendants $5,800 in attorney fees.
The Michigan Court of Appeals agreed and upheld the lower court decision.
I. Facts and Proceedings1
The court thought the record was not properly brought before them.
Our recitation of the facts is based upon our independent review of the deposition and other evidence. Neither parties’ brief adequately cites to the record as required by MCR 6.212(C)(7).
OFTEN WE HEAR OF EX SPOUSES THAT TRANSER THEIR ASSETS SO PARTNER CANNOT GAIN ACCESS TO THEM FOR COLLLECTION OF CHILD SUPPORT.
The ex wife complains that her ex husband has his business in the name of his partner and is hiding assets.
VIOLATION OF MCL 55.19
To move assets for the purpose of evading child support obligations, is a violation of MCL 566.19.
SUMMARY DISPOSITION, EARLIER JUDGEMENT AND RES JUDICATA
Defendants moved for summary disposition, arguing that plaintiff was collaterally attacking the earlier judgment concerning the children’s medical expenses, and that the claim for medical expenses was barred by res judicata.
WRONG STATUTE PLED, AND NO PROOF OFFERED
As for the allegation of fraudulent transfer, defendants argued that even if the correct statute had been pleaded, plaintiff presented no evidence that any transfer ever took place between
THE PARTNERS.
TRIAL COURT GRANTED SUMMARY DISPOSITION.
The trial court granted defendants’ motion for summary disposition, concluding that the
request for medical expenses was barred by res judicata because it had been previously decided and not appealed.
EX WIFE STATUTE RELIED UPON HAD BEEN REPEALED
As for the fraudulent transfer allegations, the trial court held that plaintiff
relied on a repealed statute and that plaintiff failed to present any documentary evidence
establishing a genuine issue of material fact.
NO GENUINE ISSUES OF MATERIAL FACT
The trial court also granted defendants’ motion for
attorney fees, awarding $5,800.
II. Analysis
HIGHER COURT REVIEW OF LOWER COURTS GRANTING OF SUMMARY DISPOSITION.
This Court reviews de novo a trial court’s decision to grant or deny a motion for
summary disposition. Spiek v Dep’t of Transportation, 456 Mich 331, 337; 572 NW2d 201 (1998).
THE EX WIFE COULD NOT MET THE REQUIREMENT TO BRING FORTH MORE INFORMATION
Although substantively admissible evidence submitted at the time of the motion must be
viewed in the light most favorable to the party opposing the motion, the non-moving party must come forward with at least some evidentiary proof, some statement of specific fact upon which to base his case. Maiden v Rozwood, 461 Mich 109, 120-121; 597 NW2d 817 (1999); Skinner v Square D Co, 445 Mich 153, 161; 516 NW2d 475 (1994).
RES JUDICATA
The doctrine of res judicata is employed to prevent multiple suits litigating the
same cause of action. The doctrine bars a second, subsequent action when (1) the
prior action was decided on the merits, (2) both actions involve the same parties
or their privies, and (3) the matter in the second case was, or could have been,
resolved in the first.
WHEN A CASE IS DECIDED UNLESS APPEALED YOU CANNOT REDO IT AND YOU HAVE TO RAISE ALL THE ISSUES AT ONCE, YOU CANNOT GO BACK.
This Court has taken a broad approach to the doctrine of res judicata, holding that it bars not only claims already litigated, but also every claim arising from the same transaction that the parties, exercising reasonable diligence, could have raised but did not.
LATCHES, WAITED TOO LONG
The hearing referee upheld the original provision that THE EX HUSBAND pay half of the medical expenses, excluding only those bills she determined were so old it would be inequitable to require him to pay at this point.
THE GIRL FRIEND BUSINESS PARTNER HAD NO OBLIGATION TO HIS KIDS
She had no obligation to pay medical expenses incurred by plaintiff’s children. Thus, all the issues that could be litigated in this matter were decided by the hearing referee; adding a party to the claim seems to be merely an attempt to avoid res judicata.
NO IMPROPER TRANSFER WAS PROVEN
The trial court also correctly held that plaintiff presented no evidence establishing a
fraudulent transfer of assets.
CLEAR AND CONVINCING EVIDENCE NEEDED
This Fraud must be proven by clear and convincing evidence and must never be presumed, although it may be established by circumstantial evidence. Foodland Distributors v Al-Naimi, 220 Mich App 453, 457-458; 559 NW2d 379 (1996).
NO FRAUDULENT INTENT PROVEN
The plaintiff must show both a transfer of assets and a fraudulent intent.
Coleman-Nichols v Tixon Corp, 203 Mich App 645, 659; 513 NW2d 441 (1994). Under the UFTA, a “‘[t]ransfer’ means every mode, direct or indirect, absolute or conditional, voluntary or involuntary, of disposing of or parting with an asset or an interest in an asset, and includes payment of money, release, lease and creation of a lien or other encumbrance.” MCL 566.31(l).
TRANSFER OF NAME AND REPUTATION
The court found the partner may be using THE EX HUSBANDS name and reputation, but he cannot very well “transfer” it in the way of being able to walk away.
EX WIFE DID NOT PRESENT EVIDENCE OF FRAUDULENT INTENT
Even if he had allowed his name to be used the plaintiff has no evidence of fraudulent intent or that there were any improper transfers.
ATTORNEY FEES AWARDED WITH THE PLAINTIFF EX WIFE PAYING THE EX HUSBAND
Tax costs to defendant having prevailed in full. MCR 7.219 and awarded defendants $5,800 in attorney fees.
Posted here by
Terry Bankert
10/19/09
http://www.attorneybankert.com/
GOOD MORNING FLINT!
10/16/09
Terry Bankert
Terry Bankert is a Flint Divorce Attorney lawyer sharing his opinion with you.
Do you want you Flint City Council reduced from 9 to 7 position?
Do you want you Flint City Council to run city wide, represent city wide?
Do you want your Flint City Council to be full time. And by impication recieve full time pay increase?
There are candidates running for Flint City Council that what all of the above.
“About 50 people came out to hear Flint City Council candidates talk about public safety, vacant land and the effects of population loss at tonight's question-and-answer session.”[f]
It is a scary event to watch a senior citizen have a seizure. That happened last night at the candidate forum. The candidates were down to the last question. The lady was okay, from comments and actions of friends around her it has happened before. The forum ended.
Eric Mays poised a difficult question to the organizers. Should an announced write in candidate be allowed to participate in the forum?
Mays was allowed to participate.
THE EVENT
Wards 1, 2 and 3
Thursday,
October 15th
Mt. Calvary Missionary Baptist Church- 4805 N. Saginaw St.
Moderator: Paul Rozycki Political Science Professor at Mott Community College.
Candidates:
1st Ward- Darryl Buchanan and Delrico J. Loyd ,write in candidate Eric Mays.
2nd Ward-David Davenport and Jackie Poplar
3rd Ward- Johnnie Coleman and Bryant Nolden
Thumbnail pictures.
http://www.flickr.com/photos/30366181@N05/sets/72157622596990894/
This event was sponsored by,
Cosponsors: Alpha Kappa Alpha Sorority, Inc., Zeta Beta Omega Chapter, Delta Sigma Theta Sorority, Inc., Flint Alumnae and The League of Women Voters of the Flint Area
I am taking no sides and will limit my comments so preference cannot be interpreted. It is up to the voters in each ward to pick their representative. Ward representation is important. So I will talk about that.
A council, nine members running city wide for city council could all come from the same neighborhood, same street, same family or coalition, and win because of the financial support of one person ( Mott, Williamson), one union (UAW, or Faternal Order of Police), or one interest group , for instance "downtown investors", would you want that?
There are candidates running for Flint City Council that are encouraging your loss of representation.... BEWARE !
One candidate even wants to do away with the strong mayor form of government.... BEWARE.!
These proponents were not opposed by the other candidates........BEWARE!
My read is that these issues are on the table, coalitions with multiple agendas are maneuvering.
Is County Executive the real agenda?
Is it "Downtown" over the "Neighborhoods"?.....BEWARE!
When I was Flint Ombudsman and Tim Herman was Flint City Finance director he called me the Charter Cop.
Well I guess I was.
I think the democratically established process of government is important. It is not a casual thing to violate a law, or a city charter.
These are the ways the people through elected representative decide how our government is organized.
So if I am the charter cop, lets go on patrol.
The following is from a 1974 weathered newspaper handout produced by the Flint Charter revision Commission’s Charter revision was just about my first public act when I was about 25 yrs old. Nic, Dayne, Ryan ,DelRico, ya’all got nothing on me.
Here is part of the argument to keep the strong mayor form of government. The city manager ,city commission form of government was worse.
“4.The Charter must provide clear line of authority.” ”One recurrent objection to the 1929 Charter was the way in which it fragments the authority of government officials. It is hard to determine who is responsible for getting the job done under the present Council-Manager system.”
My view is the council has not stepped to the plate and exercised the power it has. Strong mayors, several, have dominated the council.
The council had been elected by ward prior to the last charter revising.”…the CRC [Charter Revision Commission] has not changed the present Charter unless it saw a clear need to do so.”
Debate on this issue is a good thing.
If the community is convinced then a charter amendment should be put forward. But the community should actively debate this issue, not be suprised on election day.
THANK YOU FLINT JOURNAL FOR COVERING THIS EVENT. CHANNEL 12, CHANNEL 5 HOW DARE YOU TO NOT BE THERE. At least I did not see them.
“Here is a summary of some of their answers:
In light of declining revenue, what programs would you eliminate or reduce to boost public safety?[f]
Buchanan proposed cutting back on police overtime and having city employees take a four-hour furlough each year. He also advocated awarding more city contracts to city companies.[f]
Mays said the city could save money by better evaluating lawsuits. He said he would put the money into the detective bureau and more undercover police officers.[f]
Loyd also said the city could save on legal costs and added that the city could generate more revenue by having beefed up code enforcement. He said the city should make sure the leaders in every department are performing up to standard.[f]
Coleman, a former councilman, said the city in the past brought in consultants to evaluate where savings could be found. He said the city council also held budget classes to become better educated on the budget process.[f]
Nolden said he can't cite specifics until he's elected but suggested offering early retirement incentives to officers with higher seniority to make way for more new officers. He also suggested furlough days for city employees.[f]
Davenport, a vocal critic of the Genesee County Land Bank, said the city should end its contract with the agency. He said he would put more surveillance cameras throughout the city.[f]
Poplar pointed to an ordinance amendment she drafted that made it easier for local vendors to get city contracts. She also said the city needs to fix more sidewalks to cut down on lawsuits.”[f]
You can attend future candidate forums in Flint and Burton.
FLINT Wards, 4, 7 and 9 Monday, October 19th
Brennan Community Center- 1301 Pingree St.
Moderator: Gabe Gutierrez, WJRT TV-ABC12 Candidates:
4th Ward -Joshua M. Freeman and Sandy Hill
7th Ward- Denise Smith Allen and Dale K. Weighill
9th Ward- Scott Kincaid and Jeanne R. Reiter
Wards 5, 6 and 8 Tuesday, October 27th Calvary United Methodist Church, 2111, Flushing Rd. Moderator: Tia Ewing, WNEM-TV5, reporter Candidates:
5th Ward- Bernard Lawler and Lynne Waybright
6th Ward- Sheldon Neeley and J.C. Walker
8th Ward- Ehren Gonzales and Michael J. Sarginson
All candidates for Flint City Council have been invited.
ASK THEM ABOUT;
ELIMINATING THE STRONG MAYOR,
ELIMINATING COUNCIL BOUNDARIES,
ELIMINATING TWO COUNCIL SEATS,
MAKING A FULL TIME COUNCIL AND FULL TIME PAY AND
FULLY FUNDING THE FLINT OMBUDSMANS OFFICE.
[I feel alone in my support of the Ombudsman, ask Gonzales why he opposes it!OKAY...I held that post and have blinders on.]
The general election will be held Tuesday, November 3, 2009.
The cosponsoring organizations are all non-partisan and do no support or oppose any candidates. Cosponsors: Alpha Kappa Alpha Sorority, Inc., Zeta Beta Omega Chapter, Delta Sigma Theta Sorority, Inc., Flint Alumnae and The League of Women Voters of the Flint Area Candidate
Forum:
Burton City Council
7 P.M. to 9 P.M.
Tuesday, October 20th Burton City Hall- 4303 S. Center Rd.
Moderator: Jack Minore- Former State Representative
Candidates: Jennifer Morquechio Larry Petrella Vaughn Smith Laurie L. Tinnin Danny Wells Paula Zelenko
3 SEATS AVAILABLE – EACH FOR A FOUR YEAR TERM
All candidates for Burton City Council have been invited. The general election will be held Tuesday, November 3, 2009.
The cosponsoring organizations are all non-partisan and do not support or oppose any candidates. Cosponsors: Alpha Kappa Alpha Sorority, Inc., Zeta Beta Omega Chapter, Delta Sigma Theta Sorority, Inc., Flint Alumnae and The League of Women Voters of the Flint Area
Posted here by
Terry bankert
http://www.flintfamilylaw.com/
[f]
http://blog.mlive.com/flint-city-beat/2009/10/public_safety_vacant_land_topi.html
GOOD MORNING FLINT!
BY Terry Bankert 10/15/09
http://goodmorningflint.blogspot.com/
Terry Bankert is a Flint Divorce Lawyer Attorney sharing his opinion. [ This self serving sentence is Optimization bait to attract the search engines, apologies.]
Elias12 asked “ Who is going to pay for this?”
Why? And what are the trade offs ? These are some of the most legitimate questions a tax payer can ask.
Leadership has a responsibility and the media a role in defining these questions so those who go about their lives not steeped in the rhetoric and doctrines of public policy understanding.
With the collapse of the 5th estate, voluntary and professional bloggers and the system of immediate internet communication and information sharing are filling the accountability thru information void created.
I predict that we will glean our information increasingly from what I would describe as Internet Public Policy Docents (IPPD) .
But that’s another story. ( I am interest in meeting with those interested to define and develop this concept, Internet Public Policy Docents. I am sure its already going on somewhere,)
Elias12’s question can best be described as a cost benefit analysis. We do cost befit analysis every day. Do we buy a new car or feed the kids, is an example.
WHY ARE WE REFORMING HEALTHCARE? WHO IS GOING TO PAY FOR REFORMING HEALTH CARE, WITH TAX MONEY DIRECTLY OR TRADE OFFS FROM LOST GOVERNMENTAL SERVICES?
Who do you trust to answer these questions?
What information portal do you rely on to give you information to form your own opinion?
Who do you trust to form an opinion that you will adopt? [ Fox Network, Riley, RUSH, Obermann,, Franken (my favorite) or Michael Moore?
Well put Elias2.
I do not have an answer Al Frankin has not told me what to think, …..yet!
Posted here by
Terry Bankert
http://www.flintfamilylaw.com/
This post on Flint Talk at
http://flinttalk.com/viewtopic.php?p=47968#47968
GOOD MORNING FLINT!
10/14/09
By Terrry Bankert a Flint Divorce Attorney Lawyer sharing his opinion with you.
CHANGE HEALTH CARE TO SAVE OURSELVES
Obama has called revamping the nation's $2.6 trillion health care system his top priority, and five separate committees in Congress have passed versions of the bill — advancing his goals further than any health care legislation in more than a generation. [u] The world is watching our winner of the nobel peace prize. He must succeed! We must succeed!
Our President has avoided open warfare with the republicans on Health care. For this alone he deserves the Nobel Peace Prize.
A REGULATED MONOPOLY WITH PAID LOBBYIST IS TRYING TO STEAL UNIVERSAL HEALTH CARE.
But attacks on the leading Democratic reform plan this week by the insurance lobby left little doubt that two of the most powerful institutions involved in the debate -- the White House and America's insurance companies -- have abandoned any real hope of forging a compromise. What was a tenuous truce has turned quickly into an all-out battle, with both sides ratcheting up the hostilities and their rhetoric. [WP] These corporations are stopping bipartisan cooperation. Just who do they own?
HISTORY CALLS ...SNOWE GETS IT RIGHT
"When history calls, history calls," Snowe said, ending months of speculation about her position on the bill. "The consequences of inaction dictate the urgency of Congress." [u] Well said.
SOME SAY THE BILL IS NOT ENOUGH
The bad news was the bill itself - a small step forward, but too skimpily funded to make the kind of difference that the public is counting on.[b] A journey begins with one step.
ITS ONLY MADE IT OUT OF COMMITTEE NEXT COMES THE FLOOR DEBATE.
Lawmakers turned their attention to the next critical step for health care legislation — floor debate — after a key Senate committee Tuesday advanced an $829 billion measure that would affect health insurance for millions of Americans[u] Legislative change in a democracy is a messy thing, but much better than the alternative.
The biggest hurdle: satisfying centrists wary of a government-run public insurance option without losing liberals who insist on one.[ws] Infected change always comes from a coalition. Its better than none at all.
PASSAGES
As the last of five congressional committees completed work Tuesday on a health-care reform package, lawmakers braced for a debate before the full House and Senate about whether Americans are ready to embrace the far-reaching changes necessary to extend coverage to millions of Americans. [w] Time is of the essance, people are dying in the street.
THERE IS ONE GOOD REPUBLICAN IN AMERICA, EVERY AMERICAN COULD GET HEALTH CARE.
With the backing of a lone Republican, the Senate Finance Committee voted 14 to 9 to approve legislation that would, for the first time, require every American to have health insurance. [w]
THE DEMOCRATS WITH SNOWE ARE ABOUT TO GIVE 29 MILLION AMERICANS HEALTH CARE.
The proposal, which the Senate Finance Committee approved 14-9, would expand insurance coverage to 29 million people who wouldn't otherwise have it by requiring nearly everyone to buy a policy and offering subsidies to help low- and moderate-income families afford premiums. [u] Think of the aniexty you felt the lastime you or a family member was without health care. Now multiply that by 29 million.
MEDICAID EXPANSION vs MEDICARE SHRINKING
The package would spend $829 billion over the next decade to finance the biggest expansion of Medicaid in 40 years and to provide federal subsidies to 18 million people who otherwise would be unable to afford coverage. [w] In the most militant sort of way we must demand future funding of universal health care , medicaid and social security.
UNDER MINIMUM WAGE GET INTO THE PROGRAM
The finance legislation would expand Medicaid by allowing individuals who earn less than about $14,400 a year to enroll in the program. The bill would also prohibit insurance companies from denying coverage or charging higher premiums because of a patient's pre-existing conditions.[u] Of course the cost will be sperad to the rest of us. Some don't support universal health care when its for those others. But its okay when its a sibling , cousin or mom in need.
THE BILL REDUCES THE BUDGET DEFICIT
It would reduce budget deficits by $81 billion over 10 years, according to the non-partisan Congressional Budget Office. [u] CBO the only truthful game in town.
HIGHER COSTS FOR SOME
It would raise taxes on high-cost health plans, impose new penalties on employers and slash future spending on Medicare, the federal insurance plan for people older than 65. [w]
MILESTONE OR MILLSTONE
President Obama said that while the Finance Committee package is "not perfect," its passage marks a critical milestone. "We are now closer than ever before to passing health reform," he said in a Rose Garden news conference. "But we're not there yet. . . . Now's the time to dig in and work even harder to get this done." [w] WORK HARDER MEANS FIGHT LIKE HADIES.
EVERYBODY HAS A DOG IN THIS FIGHT.
That work is likely to be grueling. Groups from across the political spectrum opened fire Tuesday on the panel's measure, mindful that it is likely to form the backbone of compromise legislation to be crafted in the coming weeks. [w] You need to make a personal decison to advocate your self or add your number and voice to those who are.
WHAT HAPPENED TO THE GON’T RUN PART
Labor unions complained that the legislation lacks a government-run insurance plan to compete with private insurers. [w] A govt run competitor to thwart the monopolistic pressures in organized health care.
THERE IS NOT PUBLIC INSURANCE PLAN.....darn!
In addition to lacking a public insurance plan as a low-cost option for consumers, the bill does not provide adequate subsidies for low- and middle-income workers who cannot get coverage at the workplace but who will, under the legislation, be obliged to buy insurance on their own.[b]
LEGISLATORS WITH A CONSCIENCE...SOUNDS LIKE SMOKE TO ME
Recognizing that the subsidies are insufficient, the bill’s authors decided they could not in good conscience levy severe penalties on those who fail to get coverage.[b]
INSURANCE COMPANIES SHOULD SUCK IT UP NOT PASS IT ON
Insurance companies said that new regulations on their industry could cause premiums to rise higher.[w] Of course they will, no matter what.We trust you guys and believe every word you say...not!
BUSINESS AND LABOR IN THE SAME BED,LACE SHEETS, candles a little wine!?
And major business groups joined with labor in decrying a proposed tax on high-cost insurance policies, which could increase health-care expenses for employers and workers alike. [w] Them against them..the enriched and powerful against the not so rich and not so powerful.
THE BILL IS NOT ALL IT COULD BE
Unions oppose a plan to pay for the bill in part with a 40% tax on high-priced insurance plans. [u] But then the un-unioned need the coverage also. What comes to mind, Sleep in the bed you make or you cannot have your cake and eat it too.
ITS NOW ALMOST UNIVERSAL
The bill also requires insurers to take all comers, including those with preexisting illnesses. [b]
EVERYONE IS A GOOD OBJECTIVE
With a weak penalty for failing to get insurance, many young, healthy consumers will choose to pay the penalty rather than fork over thousands of dollars that they can’t afford, leaving large numbers of families uncovered and the insurance pool top-heavy with older, sicker purchasers. [b] So whats wrong with a penalty.
Since insurers will be required to cover them and prohibited from charging extra for their preexisting conditions, premiums for everyone will rise.[b] And your point is?
CHAMBER WANTS BIPARTISANSHIP..RIGHT
"Although it was the best effort to date, the Senate Finance Committee missed an opportunity to create a truly bipartisan bill to reform our nation's health-care system," said R. Bruce Josten, chief lobbyist for the U.S. Chamber of Commerce.[w]
REDUCE COSTS, JUST ASK WHY ARE AMERICAN DOCTORS RICH!
"One of the primary goals of health-care reform is the overriding need to reduce ever-escalating costs for both consumers and employers. The Senate Finance bill increases premiums [and] raises taxes." [w]
AFSCME…PREPARING FOR BATTLE
Gerald W. McEntee, president of the American Federation of State, County and Municipal Employees, added: "They call it reform legislation, but we don't think it is. It's deeply flawed." [w] Its big anything against small any thing.
Unless it undergoes major changes, he said, "we're going to oppose it."
The reaction from many Republican lawmakers was equally strong.[w] Big Unions ,Big Money against the rest of us? I am glad my team is headed by a guy who just won the nobel peace prize or there would be internal fluids in the street.
SHE IS IN A PICKLE AND IS NOT FICKEL
Sen. Olympia Snowe, Republican of Maine, is fast becoming the Brett Favre of the political world: She has trouble making up her mind, but she sure knows how to play ball. [w]
YOU ARE MY SUNSHINE MY ONLY SUNSHINE, YOU MAKE ME HAPPY WHEN SKYS ARE GRAY
Only Sen. Olympia J. Snowe (Maine) voted to support Obama's top domestic initiative, while her fellow Republicans were united in their condemnation of the measure, which was largely crafted during more than three months of bipartisan negotiations. [w]
SHE HAS FOUND HER CALLING
"When history calls, history calls," Snowe said, ending months of speculation about her position on the bill. "The consequences of inaction dictate the urgency of Congress."[u]
THINGS WILL WARM UP BUT WE WILL KEEP OUR NEW SNOWE
Whatever merits swayed Snowe are likely to evaporate, they said, during private talks set to begin Wednesday in Senate Majority Leader Harry M. Reid's office. [W]
Reid (D-Nev.), Finance Committee Chairman Max Baucus (D-Mont.) and Sen. Christopher J. Dodd (D-Conn.), who shepherded a competing bill through the Senate health committee in July, expect to meet there with senior White House officials. [w]
BLENDING IN
Their task is to blend the bills into a final product that can unite the Democratic caucus, keep Snowe on board and win the 60 votes necessary to avert a GOP filibuster. [w]
A SMALL STEP FOR BIPARTISANSHIP A BIG STEP FOR DEMOCRACY
Snowe's vote lent the imprimatur of bipartisanship to the finance panel's measure, according to a senior Democratic aide, making it easier for Reid to rally support among Democratic moderates who have been reluctant to back a health-care bill without political cover from the GOP. But the politics of the Senate are complex. [w]
WHY IS FARVE IN THIS ARTICLE
Congress's answer to Favre is Snowe, the wiry New Englander who, for the past several months, has been unable -- or unwilling -- to take a position on health-care legislation. The longer she held out, the more concessions Democrats made to win her over, to the point where she became, arguably, the single most influential member of Congress drafting the legislation, even though she is a member of the minority party. [w]
NO SNOWE JOB WE COURTED HER
Democrats negotiated with her for months; President Obama wooed her personally. Olympia wants amendments? She gets amendments. Olympia needs more time? The Senate Finance Committee delays its vote. Olympia opposes government-run insurance? Voilà -- the public option is gone. [w]
COY ROUTINES, SWEET NOTHINGS, FLOWERS AND ....TOUCHDOWN.
The coy routine was working so well for Snowe that, as she walked into the Hart Building on Tuesday morning for the committee vote on the legislation, she claimed she still hadn't made a decision. [w] SHE WORKED IT.
BATTLE LINE ARE BEING DRAWN
For some Democrats, immediate electoral concerns are paramount. Sen. Blanche Lincoln (Ark.), a moderate and top GOP target in next year' midterm elections, sought several changes to the bill, including a provision aimed at limiting insurance executives' incomes. But minutes after she voted "aye" Tuesday, the National Republican Senatorial Committee denounced her for supporting a bill that would, it said, "ultimately shift costs to voters in Arkansas who are still struggling to make ends meet." [w]
POLLS TROLLS AND REPUBLICAN BACKLASH
Polls show Reid himself may be vulnerable next year, and he has tended to home-state interests by securing Medicaid funding for Nevada to offset the cost of expanding the program. Republicans also are targeting Dodd, who faces a tough reelection fight. [w]
WHO COULD POSSIBLY CARE WHAT LIEBERMAN THINKS
Dodd's Connecticut colleague, Sen. Joseph I. Lieberman (I), said Tuesday that he could not support the Finance Committee bill, citing insurers' concerns that the fees and taxes it would impose on their industry would drive up premiums. Connecticut is home to numerous health insurance companies. [w]
LIBERALS ARE IN OPEN REBELLION... MOVEON.ORG VS UNIONS!
Liberal groups also were in open rebellion. A new cable television ad from MoveOn.org features a former insurance company executive calling the finance panel's bill a dream come true for insurance companies, and it demands a government-run insurance plan to lower premium costs. Meanwhile, 27 major unions will sponsor full-page newspaper ads, expected to run Wednesday, that criticize the measure for not containing a public option or a mandate on employers to offer health insurance to their workers. [w]
THE BATTLE ..LIBERALS,-VS -CENTRIST,-VS- CONSERVATIVE, THIS IS REAL SURVIVAL OF THE FITTEST
Those two issues are also most important to Senate liberals. But if Reid yields an inch to them, he risks losing support among centrists -- as well as Snowe, who could prove to be the most fragile ally of all. [w]
SNOWE IS NOT FLAKE
Snowe said during Tuesday's session that she remains concerned that the package would do too little to make coverage affordable for the millions of Americans who would be required to buy it. But after considering the "astronomical increases in health-care costs" of recent years, she said, she concluded that the consequences of inaction would be far more damaging than the potential pitfalls of the legislation. [w]
SNOWE WILL NOT BE TAKEN FOR GRANTED
Still, she said, she could withdraw her support if the measure changes substantially. Like other moderates, she has serious reservations about a public option and employer mandate. [w]
COMPROMISE PLANS ARE IN DEVELOPMENT
Sen. Charles E. Schumer (D-N.Y.) said he is working with colleagues to craft a compromise that would let states decide whether to create their own government plan, team up with neighboring states or opt into a national plan. But the divide over the employer mandate could prove more difficult to close. "I think that's going to be hard," Schumer said. [w]
THERE IS MANUVERING ROOM TO JUST DO IT RIGHT
With Tuesday's vote, Baucus said, Democrats can rule out the need for extraordinary measures to pass a bill, such as a fast-track procedure known as reconciliation. But the challenge now is to "put on the floor a bill that is perceived as solid, balanced, common-sense and not slanted too far in one direction or the other," he said. [w]
WHERE ARE THE VOTES
"We want to listen to senators," he added. "But it still comes down to what gets 60 votes." [w]
THE INSURANCE INDUSTRY IS FIGHTING OUR PRESIDENT
"The insurance industry has decided to lead the charge against health reform, and everyone recognizes their motives: profits," said White House deputy communications director Dan Pfeiffer. "We are going to make sure they can't sink this effort at the last minute." [wp]
RIDE THE INSURANCE INDUSTRY AND BREAK THEM...SAVE A COUNTRY.
POSTED HERE BY
12/14/09
Terry Bankert
http://www.flintfamilylaw.com/
see
[w]
http://www.washingtonpost.com/wp-dyn/content/story/2009/10/13/ST2009101300095.html
[u]
http://www.usatoday.com/news/washington/2009-10-12-healthcare_N.htm
[b]
http://www.boston.com/bostonglobe/editorial_opinion/editorials/articles/2009/10/14/as_baucus_bill_skimps_health_reform_suffers/
[w]
http://www.washingtonpost.com/wp-yn/content/article/2009/10/13/AR2009101301771.html?hpid=topnews
[ws]
http://online.wsj.com/article/SB125547649535083655.html
[wp]
http://www.washingtonpost.com/wp-dyn/content/article/2009/10/13/AR2009101303472.html?hpid=topnews
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