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While this might not be a very well-known fact to some people – but the truth is that French people are much thinner than the rest of the world. In fact, it is calculated that they are among the thinnest people in the entirety of the planet.
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Jumping In At The Deep End: Ireland's New Lobbying Law

The economic crisis that began in 2008, and the allegations of cronyism and political corruption swirling even prior to the crisis, eroded faith in politics. As a result, following the 2011 election, the current government committed itself to introducing a law to regulate lobbying. In the following years the government consulted widely with potential stakeholders, organised information seminars and conducted fact finding missions to Canada and the United States.

On 11 March the president signed the Regulation of Lobbying Act that will come into force on 1 September. The Act establishes a register of those engaging in lobbying activity, as opposed to focusing specifically on lobbyists. It seeks to capture communication with designated public officials (DPOs) - minsters, members of parliament, MEPs, members of local authorities, special advisors, senior civil servants and public servants - on policy matters.

From 1 May the web based lobbying register, located at www.lobbying.ie, has been up and running to enable potential registrants familiarize themselves with the system. Returns will be filed three times a year and include details of clients, the names of public officials contacted, the subject matter and the intended policy results of the communications. The returns can be viewed online by anyone. The Act also contains a cooling off period of 12 months which applies to former minister, special advisors and certain public servants.

The aim of the Act is not to restrict the flow of information to policy making, but to ensure greater openness and transparency around this process, and to identify who is lobbying whom and about what. A senior official from the Canadian Office of the Conflict of Interest and Ethics Commissioner has been appointed as the first Head of Lobbying Regulation. Of course, the system is designed not to interfere in any way with a citizens’ right to speak to their local, or national, representative on matters of private concern.

Interestingly, the Regulation of Lobbying Act (2015) is 25 pages long, compared to the 69 page Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Act (2014) in the UK. But, whereas the Irish Act seeks to regulate lobbying, the UK Act seems to want to do a lot more besides, encompassing issues like the regulation of campaign spending during elections – as is clear from its title.

The preamble to the Irish law states: “An Act to provide for establishing and maintaining a register of persons who carry on lobbying activities”; whereas the preamble to the British law states: “An Act to make provision for establishing and maintaining a register of persons carrying on the business of consultant lobbying.” These are significant differences with the objective of achieving very different results. The result is that the UK law defines lobbyists narrowly, excluding in-house lobbyists and only concerns the lobbying of ministers, permanent secretaries and special advisors – missing out on MPs, local councillors or other senior civil servants. Although UK Lobbyists have to provide the names of clients, they do not have to state the subject matter of their lobbying.

Of course, at this stage, questions remain as to how the Irish Act will function in practice. How many of those who lobby will actually register, and are the penalties (initially light fines, followed by more severe penalties, ultimately followed by the possibility of imprisonment) sufficient to compel compliance? Nevertheless, as a first attempt at regulating lobbying in Ireland, this act goes further than is the norm in terms of its scope.

John Hogan is lecturer in International Political Economy and Irish Politics at the Dublin Institute of Technology's College of Business.


Essay on discipline and students

According to Emerson, there were three spiritual problems addressed about nature for humans to solve, "What is matter? Whence is it? And Whereto?". What is matter? Matter is a phenomenon, not a substance; rather, nature is something that is experienced by humans, and grows with humans' emotions. Whence is it and Whereto? Such questions can be answered with a single answer, nature’s spirit is expressed through humans, "Therefore, that spirit, that is, the Supreme Being, does not build up nature around us, but puts it forth through us", states Emerson. Emerson clearly depicts that everything must be spiritual and moral, in which there should be goodness between nature and humans. [4]

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Q:

Real Linear vs. Complex Linear

I recently started a new math course and got hung up on a particular problem from the book "Linear Algebra Done Wrong". Specifically, problem 1.3.6 (c). I am an engineer, and I believe I simply lack terminology/definition to solve the problem. Again, it is part (c) of the problem:
The set $\mathbb C$ of complex numbers can be canonically identied with the space $\mathbb R^2$
by treating each ($z = x + iy$) of $\mathbb C$ as a column $(x , y)^T$ of $\mathbb R^2$.
Define $T(x+iy) = 2x-y+i(x-3y)$. Show that this transformation is not
a linear transformation in the complex vectors space $\mathbb C$, but if we treat $\mathbb C$ as the real vector space $\mathbb R^2$ then it is a linear transformation there (i.e. that $T$ is a real linear but not a complex linear transformation). Find the matrix of the real liner transformation $T$.
It appears to me that:
$T(au+bv) = aT(u)+bT(v)$
I can't see why it is not linear on $\mathbb C$ but it is on $\mathbb R^2$. However, I recognize that I don't understand how this changes the outcome. Any ideas?
Thanks

A:

For $\mathbb{C}$ as $\mathbb{R}^2$:
$T(v_1 + v_2) = T(x_1 + x_2 + i(y_1 + y_2)) = ... = T(v_1) + T(v_2)$
(This is easy to check)
Similarly, $T(\alpha v) = T(\alpha x + i \alpha y) = ... =\alpha T(v)$ is also easy to check.
This proves the linearity of T when $\mathbb{C}$ is viewed as $\mathbb{R}^2$.
Calculating Matrix:
$T(\begin{bmatrix}
    1\\
    0
\end{bmatrix}) = \begin{bmatrix}
    2\\
    1
\end{bmatrix}$
$T(\begin{bmatrix}
    0\\
    1
\end{bmatrix}) = \begin{bmatrix}
    -1\\
    -3
\end{bmatrix}$
Matrisx of T is $\begin{bmatrix}
    2 & -1\\
    1 & -3
\end{bmatrix}$

Now for $\mathbb{C}$ as complex plane:
Take $\alpha = a + ib, v = = x + iy$
$T(\alpha v) = T(ax-by + i(ay + bx)) \neq \alpha T(v) $
Very easy to check. Use the definition of T
Hence, T is not Complex linear


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105 B.R. 631 (1989)
In re WESTERN OFFICE PARTNERS, LTD., a Colorado limited partnership, Debtor.
Bankruptcy No. 86-B-10448-M.
United States Bankruptcy Court, D. Colorado.
September 14, 1989.
*632 Jay E. Goldstein, Rubner & Kutner, P.C., Denver, Colo., for debtor.
Martin E. Long, Denver, Colo., Chapter 7 trustee.
MEMORANDUM OPINION AND ORDER ON AMENDED APPLICATION FOR FINAL ALLOWANCE OF ATTORNEY'S FEES
SIDNEY B. BROOKS, Bankruptcy Judge.
THIS MATTER comes before the Court on the Amended Application for Final Allowance of Attorney's Fees filed by Rubner & Kutner, P.C., on March 21, 1989. The Court, after hearing, having extensively reviewed the file and being advised in the premises, makes the following findings of fact and conclusions of law.

FINDINGS OF FACT
1. On October 31, 1986, Western Office Partners, Ltd., Debtor herein ("Debtor"), filed for protection with this Court under Chapter 11, Title 11, United States Code.
2. On November 12, 1986, the law firm of Koransky, Friedman & Cohen, P.C. filed an Application for Order Approving Employment of Attorneys ("Application"). That Application stated:
To the best of the Debtor's knowledge and belief, the partners and associates of Koransky, Friedman & Cohen, P.C. have no connection with the Debtor, the Creditors, or any other party in interest which would disqualify Koransky, Friedman & Cohen, P.C. from acting as counsel for Debtor herein. To the best of the Debtor's knowledge, information and belief, Koransky, Friedman & Cohen, P.C. does not represent or hold any interest adverse to the Debtor or to the estate of the Debtor in the matters upon which it is being engaged. The Debtor believes that the employment of Koransky, Friedman & Cohen, P.C. would be in the best interest of the estate. A copy of the Affidavit of Proposed Attorney is attached hereto, made Exhibit A, and incorporated herein by this reference.
3. The November 12, 1986 Application further stated: "A non-Debtor third party has guaranteed payment to Koransky, Friedman & Cohen, P.C."
4. On November 18, 1986, Judge John McGrath denied in part the Application of Koransky, Friedman & Cohen to become the attorneys for the Debtor, and required disclosure of the third party which was paying the attorney's fees.
5. On December 22, 1986, the law firm of Koransky, Friedman & Cohen, P.C. filed a response which disclosed that the party *633 paying the attorney's fees for the Debtor was Meredith Organization.
6. On March 27, 1987, Judge Roland J. Brumbaugh issued an Order, refusing to modify Judge McGrath's November 18, 1986 Order, and stated:
[A] response to that order was filed stating that the Meredith Organization (Meredith) would be the third-party guarantor. That mere statement does not satisfy Bankruptcy Rule 2016 and the Court will therefore not modify its order of November 18, 1986, calling for full disclosure of the guarantor of attorney's fees for attorneys for a debtor in a Chapter 11.
WHEREFORE, IT IS ORDERED that the Court declines to modify its order of November 18, 1986 concerning the employment of counsel for the Debtor.
7. Mr. Lawrence E. Fiedler was the President of Meredith Organization, Inc. and was also the President of Meredith Organization, Inc. of Colorado. Mr. Fiedler was also a general partner of this Debtor, Western Office Partners, Ltd.
8. On April 29, 1987, Judge Brumbaugh approved the law firm of Holme, Roberts & Owen as special counsel, only, for the Debtor in a related lawsuit in Denver District Court.
9. It is necessary to turn to a related bankruptcy case at this time. Mr. Fiedler, the general partner of this Debtor, and the individual ultimately funding this bankruptcy case as President of Meredith, was also the principal in Sixth Avenue Car Care Center, a Colorado limited partnership which filed for Chapter 11 protection before the Bankruptcy Court on May 14, 1987, case number 87-B-05629-E. Judge Charles E. Matheson was the judge appointed in and responsible for that case.
10. Sixth Avenue Car Care Center was a joint venture, 65% owned by Meredith Development Company, L.P., a Delaware limited partnership, and 35% by Car Care Specialty Centers, Ltd., a Colorado limited partnership. Koransky, Friedman & Cohen, P.C. filed an application before the Bankruptcy Court on May 20, 1987 for an order approving that firm as attorneys for the debtor, Sixth Avenue Car Care Center, ("Sixth Avenue Application").
11. On September 16, 1987, the law firm of Koransky, Friedman & Cohen filed an amendment to its previously filed Sixth Avenue Application. The amendment disclosed the following:
(1) The Firm represents the Debtor-in-Possession in the pending bankruptcy.
(2) The Debtor-in-Possession is a joint venture. In addition to representing the Debtor-in-Possession, the Firm represents two joint venturers, Car Care Specialties Centers, Ltd. (CCSC) and Meredith Development Company, Ltd. (MDC); the general partners of CCSC and MDC, L.E. Fiedler, MDC and Meredith Management, Inc. (MMI); and the operator of all these entities, Meredith Organizations, Inc. of which Fiedler is the president and sole shareholder.
(3) MDC, a joint venturer of the Debtor-in-Possession and a general partner of the other joint venturer is the largest unsecured creditor in this Chapter 11 case.
(4) Meredith Organizations, Inc. is a guarantor on approximately $3.7 million of the Debtor's secured debt.
(5) Fiedler is a personal guarantor on approximately $3.7 million of the Debtor's secured debt.
(6) Meredith Organizations, Inc. has guaranteed the Firm's fees for all services to be provided to the Debtor-in-Possession in this Chapter 11 case.
12. On January 11, 1988, Chief Judge Charles E. Matheson issued an Order which denied all fees to Koransky, Friedman & Cohen, P.C. for its failure to properly disclose that firm's conflicts of interest with Sixth Avenue Car Care Center, the debtor, and Meredith and Fiedler. Judge Matheson's decision was published as In re Sixth Ave. Car Care Center, 81 B.R. 628 (Bankr. D.Colo.1988). Judge Matheson's detailed, well-reasoned decision held that disqualification due to the conflicts of interest of Koransky, Friedman & Cohen, P.C. as counsel for the fiduciary demanded entry of an order withdrawing the Court's approval *634 of employment of Koransky, Friedman & Cohen, P.C. as counsel for the debtor-in-possession, Sixth Avenue Car Care Center, and denying the firm of all fees and costs from its representation of the debtor.
13. Koransky, Friedman & Cohen, P.C. subsequently petitioned for withdrawal as counsel for the debtors in this, Western Office Partners, Ltd., bankruptcy case and the Court approved that petition to withdraw.
14. On June 24, 1988, the law firm of Rubner & Kutner, P.C., petitioned for an order to appoint that firm as substitute counsel for the limited purpose of responding and representing the Debtor-in-Possession with regard to the Motion toi (sic) Dismiss or Convert filed by the United States Trustee. That petition was granted, routinely, by this Court on June 27, 1988.
15. In its application to become replacement attorneys for the Debtor, Rubner & Kutner, P.C. stated: "To the best of Applicant's knowledge, Rubner & Kutner, P.C. has no connection with any creditor or other party in interest in the within case except as disclosed in its affidavit [sic] attached hereto as Exhibit A." In that affidavit, an attorney for Rubner & Kutner, P.C. stated: "To the best of my knowledge, Rubner & Kutner, P.C. does not represent any party in interest adverse of the Debtor and further is a disinterested party as that term is defined in 11 U.S.C. Section 101(B)."
16. On August 3, 1988, Rubner & Kutner, P.C. amended its application to become attorneys for the Debtor. The affidavit of Paul D. Rubner attached to that application stated:
Rubner & Kutner, P.C. in the past represented Meridith [sic] Organization, Inc. and Lawrence E. Fiedler, general partners of the Debtor, Western Office Partners, Ltd. Rubner & Kutner, P.C. represented these persons and/or entities together with certain other persons and/or entities, for the limited purpose of seeking to vacate default judgments which had been entered in an unrelated State Court action against these persons and/or entities on guarantee agreements. That State Court litigation has now been dismissed by the Plaintiff and our representation in that matter has been concluded.
To the best of my knowledge, Rubner & Kutner, P.C. does not represent any party-in-interest adverse to the interest of the Debtor and further is a disinterested party as that term is defined in 11 U.S.C. § 101(13).
17. Rubner & Kutner, P.C. failed to submit a proposed Order or request that the Court sign an Order approving employment after disclosure of this new, previously unknown, information. Counsel did not provide notice of such "amendments" pursuant to Local Rule 23, which provides for notice and a period of time to object to creditors or others in lieu of a hearing. The matter was not brought to the Court's attention by motion, Rule 23, a proposed order, or otherwise; the new information was simply filed in the Court file.
18. A hearing was held before this Court on August 17, 1988, pursuant to motion of the United States Trustee to dismiss or convert the within case. This Court ordered that this case be converted from Chapter 11 to Chapter 7.
19. On September 8, 1988, Rubner & Kutner, P.C. filed its motion to withdraw as attorneys for this Debtor, stating that the Court granted the United States Trustee's Motion to Convert the Chapter 11 case to one under Chapter 7 and that the law firm had completed the limited services which it agreed to provide for Debtor.
20. This Court approved Rubner & Kutner, P.C.'s motion to withdraw on November 2, 1988.
21. On November 11, 1988, the law firm of Rubner & Kutner, P.C. applied for attorney's fees and costs totaling $4,594.09. In this fee application, Rubner & Kutner, P.C. erroneously stated: "In its Application, Rubner & Kutner, P.C. disclosed its past representation of Meredith Organization, Inc. and Lawrence E. Fiedler, general partners of the Debtor, in an unrelated state court action which has concluded."
*635 22. The Debtor, by and through its special litigation counsel, the law firm of Holme, Roberts & Owen, on December 12, 1988 filed an objection to the application of Rubner & Kutner, P.C. for payment of fees. This objection was withdrawn with no reason given on March 7, 1989.
23. Rubner & Kutner, P.C.'s application for fees dated November 11, 1988, requested allowance of fees and costs as an administrative expense of the Debtor's Chapter 11 case. However, the case had been converted to Chapter 7 on August 17, 1988, so on March 13, 1989, this Court issued an Order Regarding Compliance With Rules noting those facts.
24. On March 21, 1989, Rubner & Kutner, P.C. filed an amended application for final allowance of attorney's fees. In this final application, the law firm of Rubner & Kutner, P.C. erroneously stated "it its application Rubner & Kutner, P.C. disclosed its past representation of Meredith Organization, Inc. and Lawrence E. Fiedler as general partners of the Debtor in an unrelated state court action which has concluded." In addition, this application for fees also requested this Court to "make and enter an order that the allowance of Rubner & Kutner, P.C.'s attorney's fees and costs in the amount of $4,595.09 constitutes and has the priority of an administrative expense of the Debtor's Chapter 11 case" although this case had been converted to Chapter 7 more than seven months before.
25. This Court issued an Order on April 21, 1989 for a hearing on Rubner & Kutner, P.C.'s application for fees. The hearing was held on June 15, 1989.
26. At the hearing held before this Court on June 15, 1989, Paul D. Rubner, who had been the attorney who had filed the amended application for attorney's fees which had disclosed the conflicts, and who was apparently the attorney who was aware of those conflicts, did not appear. Rather, Jay Goldstein, an associate of the law firm of Rubner & Kutner, P.C., appeared on behalf of the law firm. Mr. Goldstein was unable to inform the Court of the specific details of the firm's representation of Meredith Organization, Inc., and/or Fiedler, or of evident conflicts of interest, which was a principal reason the hearing was set.

CONCLUSIONS OF LAW
The Bankruptcy Code mandates that a debtor obtain court approval to employ an attorney, and that the application for such approval disclose any possible conflict of interest. Section 327 of the Bankruptcy Code states as follows:
[T]he trustee, with the court's approval, may employ one or more attorneys, accountants, appraisers, auctioneers, or other professional persons, that do not hold or represent an interest adverse to the estate, and that are disinterested persons, to represent or assist the trustee in carrying out the trustee's duties under this title. 11 U.S.C. § 327(a).
Correct employment of professionals applies to all Chapter cases, certainly including Chapter 11.
Section 1107(a)[[1]] [of the Bankruptcy Code] places the debtor in possession in the shoes of a trustee in every way. . . . Under both the Bankruptcy Code and the applicable rules of bankruptcy procedure prescribed by the Supreme Court, therefore, it is plain that the present debtor in possession was not authorized to employ an attorney without the approval of the bankruptcy court.

Matter of Triangle Chemicals, Inc., 697 F.2d 1280 at 1284 (5th Cir.1983).
The Bankruptcy Rules implement specific and clear procedures for insuring full and meaningful disclosure of prospective professionals who might have conflicts of interest, or who hold adverse interests to the estate or who may not be a disinterested *636 person. Indeed, Bankruptcy Rule 2014[2] is a mandate that all employment of professionals by debtors be only after disclosure, inter alia, of that professional's "connections with the debtor, creditors, or any other party in interest, their respective attorneys and accountants." B.R. 2014.
The case law requiring disclosure of conflicts is clear.
In Matter of King Resources Co., 20 B.R. 191 at 200 (D.Colo.1982), Judge Winner held as follows:
[A]n attorney owes a fiduciary duty to the client by whom he is retained to exercise his independent professional judgment on behalf of that client. ABA Code of Professional Responsibility, Canon 5, EC 5-18. This includes the duty to disclose any conflicts of interest that may arise from his representation of other parties. Actually, the duty goes further than simple disclosure. Given that the duty is upon the attorney to `divulge conflicts, and not upon the client to ferret them out,' the attorney should not only inform the parties of the former representation, but should evaluate for himself, as well as for his client, any potential for impropriety that might arise.
In In re Sixth Ave. Car Care Center, supra at 631, Judge Matheson held as follows:
In the context of an attorney seeking to be appointed as counsel for a fiduciary pursuant to Section 327 of the Bankruptcy Code, the obligation of the attorney to make the disclosures admonished by Judge Winner in the King Resources case run not only to the client but to the Court.
The case law regarding what the Court is to do when conflicts are not disclosed to the Court is equally clear. Attorney's fees will be denied and, if necessary, recovered, if attorneys were improvidently employed by debtor, even if employed with Court approval.
Where an attorney has failed to be forthright in disclosing potential conflicts of interest or disclosing his financial transactions or arrangements so that the Court can make an informed judgement, denial of compensation has been recognized as being an appropriate remedy. In re Flying E Ranch Co., 81 B.R. 633 (Bankr.D.Colo.1988).
This reflects the practice prevalent in virtually all jurisdictions. "[If an attorney seeking compensation] was subject to conflicting interests, he should be denied compensation. It is no answer to say that fraud or unfairness were not shown to have resulted." Woods v. City Nat'l Bank & Trust Co., 312 U.S. 262 at 268, 61 S.Ct. 493 at 497, 85 L.Ed. 820 (1941). "[T]he rule this Court adopts is that where a conflict of interest is apparent, all fees should be denied unless for exceptional reasons partial compensation should be allowed." In re Kendavis Industries Intern., Inc., 91 B.R. 742 at 762 (Bankr.N.D.Tex.1988). "An attorney who seeks to represent the debtor must fully disclose at the time the application for employment is made all connections with the debtor, creditors, and other parties in interest. . . . The courts have consistently held that failure to comply with the disclosure requirement is an independent basis for denial of fees." Diamond Lumber v. Unsecured Creditors' Committee, 88 B.R. 773 (N.D.Tex.1988).
Requiring full disclosure prior to employment of counsel and other professionals for *637 the Debtor, which is mandated and not simply optional under Section 327 and B.R. 2014, is the key to avoiding conflicts of interest, "interests adverse to the estate," and persons not "disinterested," from controlling or steering the estate. Meaningful disclosure is the key to proper employment of professionals and, not incidentally, to more fully and fairly protecting all claims and interests of third parties.
Most important, requiring notice and full disclosure better insures the integrity of the bankruptcy system. As Judge Richard P. Matsch so aptly stated:
The protection of the integrity of the bankruptcy process is more important than the potential loss of assets for a particular estate. The literal language of the law must be respected and followed (Section 327).

In re Ginco, Inc.; Colo. Nat'l Bank of Denver and Chapman and Cutler v. Ginco, Inc., No. 88-M-0441; Judge Richard P. Matsch [105 B.R. 620] (D.Colo. Dec. 19, 1988).
This matter before the Court has facts that are not only similar to Judge Matheson's published opinion in In re Sixth Ave. Car Care Center, supra, but actually has many of the same facts and identical parties. This Court finds it astounding that on January 11, 1988, Judge Matheson published a decision denying all fees to the law firm of Koransky, Friedman & Cohen for its conflicts of interest with the Meredith Organization, Inc. and its president, Lawrence E. Fiedler, and the law firm's failure to disclose those conflicts, and the fact that on June 24, 1988, the law firm of Rubner & Kutner, P.C. did virtually the same thing which ultimately denied Koransky, Friedman & Cohen its attorney's fees. What makes the conduct  failure to disclose  still more astonishing is that this case involved, literally, the same people who were involved in the Sixth Avenue Car Care Center proceeding, and representation was undertaken after both Judge McGrath and Judge Brumbaugh had earlier refused employment to counsel in this case for failure to fully disclose persons connected to and/or having an (adverse) interest with the Debtor.
The Court concludes that Rubner & Kutner, P.C. is not entitled to payment of its attorney's fees for two reasons. First and principally, as documented above, the attorneys failed to disclose, when employed, a significant relationship with third persons who held an adverse interest to the estate and this was done in a factual setting where it was virtually impossible for counsel to not know that disclosure was important and necessary.
Second, it is arguable that Debtor's estate received any benefit whatsoever, or value, from the services rendered by Rubner & Kutner, P.C. The only reason counsel was retained was to oppose the United States Trustee's motion to dismiss. The only pleading filed by counsel with the Court, except those relating to employment, withdrawal, and payment of attorney's fees, was a motion for continuance of the hearing on the United States Trustee's Motion to Dismiss or Convert, which was filed August 15, 1988, two days prior to the hearing.[3] "In the final analysis the Court . . . must make a subjective evaluation of the reasonableness of the fees sought in light of the service rendered . . . and the results achieved." In re Frontier Airlines, Inc., 74 B.R. 973 (Bankr.D.Colo. 1987).
This Court finds it significant that virtually every judge in this District who has dealt with this particular case and related parties (McGrath, Brumbaugh, and Matheson), and every judge who has dealt with the issue of full disclosure prior to employment of counsel (Winner, Matsch, Matheson) have, in writing, alerted all persons that timely notice and meaningful disclosure of necessary information is a requisite *638 prior to employment of professionals, and not incidentally, payment of fees of professionals. Those decisions, that history, and this Opinion, should all send an unqualified and undiluted message to all practitioners: Timely notice and meaningful disclosure is required for employment of counsel and payment of counsel's fees.

ORDER
IT IS THEREFORE ORDERED that the law firm of Rubner & Kutner, P.C. is denied its fees for the representation of Western Office Partners, Ltd.
NOTES
[1]  "Subject to any limitations on a trustee serving in a case under this chapter, and to such limitations or conditions as the court prescribes, a debtor in possession shall have all the rights, other than the right to compensation under section 330 of this title, and powers, and shall perform all the functions and duties, except the duties specified in section 1106(a)(2), (3) and (4) of this title, of a trustee serving in a case under this chapter." 11 U.S.C. § 1107(a).
[2]  Bankruptcy Rule 2014. Employment of Professional Persons. (a) Application for and Order of Employment. "An order approving the employment of attorneys, accountants, appraisers, auctioneers, agents, or other professionals pursuant to § 327 or § 1103 of the Code shall be made only on application of the trustee or committee, stating the specific facts showing the necessity for the employment, the name of the person to be employed, the reasons for the selection, the professional services to be rendered, any proposed arrangement for compensation, and, to the best of the applicant's knowledge, all of the person's connections with the debtor, creditors, or any other party in interest, their respective attorneys and accountants. The application shall be accompanied by a verified statement of the person to be employed setting forth the person's connections with the debtor, creditors, or any other party in interest, their respective attorneys and accountants."
[3]  Debtor's counsel argues that their services somehow allowed the Debtor to obtain a substantial judgment in state court litigation. That litigation, however, was handled exclusively by another firm, Holme, Roberts & Owen. Debtor argues that it was necessary to defend against the conversion to Chapter 7, and incur the legal fees in doing so, but it was the Trustee, with Holme, Roberts & Owen, who was able to successfully conclude the litigation after conversion.


Tote Notes - Summer 2018 - Vol 30, Number 3

Publicado: Sexta, 03 Agosto 2018

Penetone is moving

By Jean Richard

As many of you know, in an effort to lower our manufacturing costs, the decision has been made to terminate our manufacturing operations in Carlstadt. The lease and other fixed costs associated with our building made it difficult to reach the profit levels desired.

This by no means that Penetone will not continue as an operating entity. During the last few months of 2017 discussions were held with our long-term toll blender in St-Louis, Chemisphere Corp. and thanks to some very attractive pricing and a strategic location (middle of the U.S. hence closer to some of our larger customers in the southern states) we have entered into a manufacturing agreement with this organization. While many of our products will be transferred to Chemisphere, we have also undertaken discussions with other toll blenders in the Carlstadt area and Texas in an effort to respond quickly to local customers’ needs and minimize freight costs.

All administrative services (customer service, H.R., payables /receivables /accounting) and technical services will be relocated in the same general area where we currently have our offices.

Our current lease in Carlstadt expires on December 31st 2018 at which time we have to be out of the building and have restored it to its original state.

This decision represents a major challenge and an extra workload for all involved. We have started to transfer some products to Chemisphere and should have terminated in the next 12-14 weeks.

While these situations are never undertaken with joy, our main objective is to attain a healthier bottom line thus insuring the long term viability of the company that has been in existence since the 1880’s.

Consolidated strength in South America

By Francisco Cerrillo(Latin American Sales Manager)

Copec SA from Chile is Petron’s largest distributor in the world, and for over 20 years they have had a strong commitment to sell our specialty products in Chile’s highly competitive OGL market.

Two important events have recently taken place that consolidate Copec SA as the leading lubrication distribution company in South America:

The designation by Copec SA of Terpel, who managed fuel operations for Colombia to additionally sell mining lubricants not only in Colombia but in Ecuador and Peru.

The recent successful winning of a tender process with Codelco in Chile-- one of the largest copper producers in the world.

These two events open the door for Petron to grow substantially in a very dynamic part of the world by working hand in hand with a strong, committed partner like Copec SA.

For many years, Copec SA and Petron Corporation have been very successful introducing open gear lubricants where many other companies have failed. The success is sustained on very strong pillars: focus on customers, quality products, highly skilled support (people) and continuous improvement. This formula is part of a corporate philosophy that has allowed our companies to succeed together for over two decades and point to an even more promising future.

Congratulations and thank you to all our friends at Copec SA

Adaptation a key to longevity

By Jim Boyle

In an ever constraining age of emission control regulations, the petrochemical industry is called upon to adapt by improving technology and applications to meet new standards. Since 2000, chemical plants and refineries have been a major contributor to the 17% reduction of ozone concentration in the US. Additional regulations, continuing the advancement of these efforts, were finalized in 2015 with adaptations to the CAA, MACT I & II, NSPS, & NESHAP, to name a few. As we approach the end of a 3-year grace period, allotted to facilities operating flares, to install continuous monitoring systems (CMS) and meet operational requirements, EPA Administrator Scott Pruitt proposed amendments to the regulations set in 2015. The proposed amendments re-emphasize the EPA’s focus toward minimizing the use of flares, redefining the terms and limitations. While certain changes to definitions are advantageous; allowing operations to use fuel gas to improve combustion, as opposed to solely natural gas, one can only assume such changes will be accompanied by supplementary monitoring requirements and restrictions.

In response to the current and imminent emission control regulations, West Penetone’s STAR Team (Shutdown TurnARound) has formulated multifaceted, specialty chemistry to address emergent regulations. Emphasis of our research has been focused on advancing chemistry for scrubbing systems, effectively ensuring compliance with respect to H2S, VOC’s, SO2, and hazardous air pollutants (HAP) limits. Specialty products have been tailored to address application concerns including, but not limited to; static arcing prevention, foaming controls while promoting mass transfer, and mitigating and removing crystallization within caustic scrubbing vessels.

West Penetone, maintains over 100 years of adapting to meet the needs of our customers through developing state-of-the-art chemical products. Working hand-in-hand with your team to understand the specific requirements of every project, our team of engineers and chemists live by our slogan, “Your Cleaning Solutions Resource.” The West Penetone Family offers in-depth knowledge, reliability, and experience while cultivating new perspectives on chemical applications. Our STAR Team’s capabilities with lab testing, project monitoring, field expertise, and project planning will ensure success at every opportunity. Enhance your team, with West Penetone as your resource!

A new mining opportunity

By Jim Bittner

Petron got its start in the hard rock mining industry. But there’s a new mining opportunity sitting right on our desks. All of our computers are connected to the internet and our company’s networks where years of relevant data lie in a multitude of spreadsheets, data bases, and other data sources, waiting to be exploited for insight and profit. This data offers the opportunity of data mining.

Data mining is the process of finding anomalies, patterns and correlations within large data sets to predict outcomes. Using a broad range of techniques, you can use this information to increase revenues, cut costs, improve customer relationships, and reduce risks.

Few of us are able to live our lives without coming in contact with the ubiquitous spreadsheet. The old-timers amongst us will remember and probably will have worked in Lotus 123. The rest of us “youngsters” will only know of Microsoft Excel as it has become the de facto standard of the business world. Microsoft has continuously improved the functionality of Excel over the years but the Excel 2010 release saw a revolutionary change in functionality. The 2010 release included a free add-on called Power Pivot which has laid the foundations for data mining.

My first encounter with Power Pivot was when a customer sent me a spreadsheet that had several different worksheets and some contained pivot tables. I’d never seen a pivot table before but, when watching how quickly he could manipulate the data to extract different information from the data, it was clear that pivot tables have incredible power to summarize data.

I signed up for an online class to figure out how to create Pivot tables and found that projects that took hours of data manipulation and formatting now take only minutes. It’s an incredible tool that once mastered, can make report generation and modification incredibly simple. I now use Power Pivot almost every day.

Another recently released (if 2010 is recent) Excel function is called Power Query. Power Query is a tool used to import data from other sources (like a csv file, an Excel file, a database, even websites like Facebook and Yahoo Finance). The Power Query tool extracts data and puts it into a table that can then be manipulated with Power Pivot. The legacy Excel workbooks, with all of their different sheets that we’ve spent years generating, can quickly and easily be imported into one data table that allows the user to work with the entire data set. Say goodbye to copying the data from one spreadsheet to another to look at multiple years’ worth of data. Power Query can do it with a few clicks.

The next tool for data mining that Microsoft has released is Power BI (Business Intelligence), introduced in 2015. Power BI offers capabilities that include data preparation, data discovery and interactive dashboards that can be manipulated by the end users rather than relying on database administer or IT staff to extract the data sets for the user. There are a couple of key points about Power BI. First of all, it doesn’t modify the underlying data – its default is read-only so the underlying data isn’t changed. Secondly, Power BI has many options for visualizing the data to help make trends more apparent. It offers many different chart types with a library of user created forms available for free download from the Microsoft website. Finally, Power BI can send data to a variety of platforms, including Android and iPhone so that the users can get updated data wherever they have internet access. I now get a daily update on my phone with my pounds packaged and my labor costs on the prior day to help make staffing decisions in a timely fashion. There are thousands of uses far more valuable than what I am doing but I’m just learning how to work the tools.

So, how do you learn about all of these great Excel tools? I learned by taking an online class at https://www.excelcampus.com/ and watching YouTube videos. ExcelIsFun, ExcelCampus, Bill Jelen, and Leila Gharani all have great YouTube channels that I watch while my wife watches Netflix. I’d encourage all of you to poke around on the YouTube channels mentioned above. You might just find something that makes your job easier.

New Hire

Kaurice Peters joined Petron this past quarter as a Compounder/Packager. Welcome.


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"Once again to vote for Lacey and Justin call or text, 1-800-555-0199." "We'll be right back with more of" "Dance, America, Dance after this." "Aw, damn, it's busy." "Keep tryin', keep tryin'." "Lacey needs our votes." "This is so fun." "I can't watch tv with Adam anymore." "He never stops talking." "It's so annoying." "Oh, God, yes-- oh, shh!" "It's back on." "Audrey, what's with the phones?" "I've been calling." "Everything goes to voice mail." "Yeah, our dance show's on." "We were calling and texting in our votes." "So you gotta tie up all the lines?" "Shh!" "Hey, did I just get shushed in my own home?" "Why don't you sit down and watch with us?" "You'd like it." "Oh, I don't know." "Not really my kind of dancin'." "What is your kind of dancing?" "In an end zone, on a pole, in a lap." "Ooh, they're lining up the finalists." "Hopefully, to shoot them." "Look!" "There's Lacey." "Oh, she's our favorite." "Isn't she great?" "All right, so you know that tv show," "Dance, America, Dance?" "What are you-- are you kidding me?" "I love that show." "You are so gay." "Anyways, I was watching it last night-- wait, why am I gay for watching it and you're not?" "Who's tellin' this story?" "Oh, I'm sorry, Jeff." "Anyway, there's this really hot contestant, Lacey." "Oh, I know Lacey." "Her tango was magical." "That's why you're gay..." "And I'm not." "Well, right before I met Audrey," "I dated her." "Really?" "You dated her?" "Oh, yeah, I, uh..." "I dated the crap out of her, if you know what I mean." "Yeah." "Yeah." "I mean, you took her out on a lot of dates." "Sometimes I wish I'd made more of an effort to cultivate friends." "I had sex with her." "With Lacey?" "That's unbelievable." "Did you-- did you tell Audrey?" "Right after I showed her how to check my Internet history." "Wow, you look terrible." "Yeah, what's up, leaving Las Vegas?" "Not in the mood." "Hey, Russell, you know what you want?" "Yeah, a beautiful young woman named Suneetha, who's engaged to my assistant." "I take four busses to get here." "Can you just order?" "Uh, just water." "Water?" "Can't wait for that tip." "It's pathetic I'm still hung up on Suneetha." "I just have to do the mature thing, I think." "What's that?" "I gotta fire his ass, and then I'll never have to see her again." "I mean, you can't just fire him for marrying Suneetha." "He'll Sue you and take the tiny shirt off your little back." "Yeah, that's true." "I'm not big." "Well, so I'm right back where I started." "They'll get married, she'll be hangin' around all the time." "What am I gonna do?" "I know this is a difficult and emotional situation, but I think I have somethin' that might help." "All right." "You ever see that show Dance, America, Dance?" "♪ How many ways to say I love you ♪" "♪ how many ways to say that I'm not scared ♪" "♪ with you by my side ♪" "♪ there is no denying ♪" "♪ I can't wait for me and you ♪ ♪" "♪ Rules of Engagement 4x07 ♪ Indian Giver Original Air Date on April 12, 2010np just give it some time." "I mean, Timmy works here, not Suneetha." "It's not like she's gonna be hangin' out in the office." "Yeah." "She's hangin' out in the office." "Hello." "Hello, sir." "Mr. Rhodes." "Suneetha just brought over my wedding clothes for me to try on." "It's sort of bollywood meets Shiva, hindu God of destruction." "It'll look great once he grows four more arms." "Suneetha?" "Russell knows I'm joking." "Don't you?" "Oh, yeah." "Ha ha ha!" "Good one!" "Bye-bye, darling." "Good-bye." "Mr. Rhodes." "Russell." "See?" "That wasn't so bad." "Shut up." "Timmy, hit the bricks." "Pack your stuff." "You're fired." "I don't want to get married!" "What?" "I don't want to get married." "It's not Suneetha." "She's lovely." "Lovely girl, but we just met, and I can't marry someone I don't know." "Okay, okay." "It's okay." "Timmy, these are just some pre-wedding jitters." "Everybody gets them." "You'll be happy once you're married." "What are you doing?" "I should never have consented to an arranged marriage, and now I feel it's too late for me to back out, but I'm too young." "I've hardly even dated anyone, you know?" "What should I do?" "Okay, look, I don't know if this will help, but have you seen that show Dance, America, Dance?" "Timmy, we can't do this for you." "This is a decision you have to make by yourself." "I could break it off, but the repercussions-- well, better a broken engagement than a broken marriage." "That's exactly what I've been thinking." "But I've just been so afraid, too afraid to, uh, say it out loud." "Thank you for your counsel, sir." "Listen, I'm not gonna stand here and watch my best friend make a life-altering mistake." "He's your best friend?" "I really do feel as though a great weight has been lifted." "Okay." "I guess I'll just go update my facebook page." "Fantastic performance, Lacey." "Who knew you could get your legs that high?" "This is so cute." "You are totally into it." "You have no idea." "Please move." "Oh, that's Lacey." "Isn't she the best?" "Top three." "Did you love what she did?" "No complaints" "I am so glad we finally found something we can enjoy together." "Yeah." "You, me, Lacey..." "Together." "That's... fantastic." "So it should take me, like..." "What, like, 20 minutes to get to the dentist tomorrow?" "Shh!" "Yeah." "Oh, yeah." "I should probably leave around 9:30." "Hey, can you take my blue shirt to the cleaners?" "I spilled my snow cone on it." "I'm so lame." "Oh, hey, honey, what is this on the back of my neck?" "Is this a skin tag or, like, a mole?" "Oh, my God!" "I am trying to watch this!" "Sorry." "Well, this is exactly why I can't watch tv with you, because you won't stop running your word-hole." "Okay, I said I was sorry." "Mean." "This is all Audrey's fault." "If she didn't get Jeff into the show, his fat ass wouldn't be parked in my chair, and I wouldn't be stuck back here with chitty chatty blah blah." "So mean." "And for your information," "Jeff's not watching it 'cause he's into the show." "What?" "Never mind." "No, if he doesn't like it, then why would he watch?" "Oh, look who suddenly wants me to run my word-hole." "All right, I'm sorry I was mean." "Okay, but you can't tell anyone." "Okay, so before Jeff and Audrey..." "Hey, Audrey." "Hey." "Oh, hey, Jen, I meant to call you." "Did you watch the results show last night?" "Yeah, but it wasn't easy, thanks to Captain gum-flap and his war on silence." "That's the meanest." "I am so psyched Lacey made it through." "So is Jeff." "He's totally behind her." "I'm not sure she can win." "Jeff thinks she's got it in her." "All right, what's goin' on?" "What do you mean?" "What do I mean?" "First the nudge, then the second nudge, then the look." "I don't know what" "I've been married 14 years." "I know nudges and looks when I see 'em." "Adam?" "Well, I..." "I--I--I..." "Well, don't give me the look again." "She's onto it." "Oh!" "Well, look who's all fresh and peppy." "Mmm!" "Is that baby powder?" "I have a skin condition." "What, diaper rash?" "Ah, pretty and funny." "I can't believe you haven't snared a husband by now." "Well, now that Timmy's let go of Suneetha, you haven't pounced on her yet?" "Um, show some respect." "He just broke up with her last night." "I haven't even talked to the guy yet." "So wait." "I mean, you're acting like a decent guy here?" "Yeah, I am." "And here's how it's gonna go down." "Timmy comes in, and it's hug, hug, hug." ""How'd it go?"" "Sad, sad, sad." "Then I wait till around lunch, and then pounce, pounce, pounce." "Hey, Timmy." "Morning, sir." "Aw, come here." "Oh!" "How'd it go?" "I didn't tell her." "What?" "Why not, you little freak?" "I beg your pardon, sir?" "I mean, what happened, little buddy?" "Talk to me." "I just froze." "I mean, I don't want to get married, but I've never broken up with anyone before." "I'm not sure I can do this." "You can." "It's easy." "You do it fast like ripping off a band-aid." "It's really not that easy, sir." "It is easy." "Let's-- let's act it out." "I'll be Suneetha, and you break up with me." "Sir, I don't think-- just pretend." "Pretend, pretend." "Come on." "Ahem." "All right." "Suneetha..." "Gosh, you smell like baby powder." "I, um, just wanted to say..." "If--a conversation that I was hoping to have." "I mean-- yes, let's say she has to be somewhere this century." "All right, go." "I told you, sir, I'm really no good at this." "All right, forget it." "You know what?" "I'll be you." "Adam, you be Suneetha, okay?" "Fine." "Okay, here we go." "Suneetha, you-- hold on." "Ahh, what?" "Timmy, is she from Northern or Southern India?" "She's from Mumbai." "Hmm..." "Okay, good." "Is that good?" "You got it all figured out now?" "Is everything okay?" "Mm-hmm, yes." "Go." "All right." "Suneetha, I've been searching" "What are you doing?" "Ohh!" "She's crying!" "Oh, dear, she knows what's coming!" "She doesn't know what's coming." "You don't know what's coming!" "How do I not know?" "It's all over your face!" "Just sit there and get dumped!" "Don't be crazy!" "Fine, I won't even react, even though my whole world is crashing down!" "Suneetha, I'm so sorry." "I didn't mean it." "We'll make it work." "Oh, Timmy." "No, no, no, no!" "Timmy, stand there." "Sit down." "Please!" "It's not that complicated." "All right." "Suneetha, you're an extraordinary girl, but I can't marry you." "I've searched my heart, and it's-- it's not meant to be." "I wish you no pain." "I wish you love and happiness." "Good-bye, sweet Suneetha." "Oh, sir, you've outdone yourself." "That was beautiful." "Yes!" "Now go tell her, and you call me Afrr, okay?" "You call me right after." "You call me immediately after." "I will do, and thank you, sir." "Yeah, yeah, that's great." "Was that so hard?" "No, because I've been cheating on you for a month." "hey, hey, what's shaking?" "Oh, not much." "Tough break for dance fans." "What do you mean?" "Oh, it was just on the news." "Lacey got kicked off the show." "What?" "Why?" "Apparently she was banging all the producers." "Wow." "Yep." "According to the news, she's a giant slut." "Really?" "That's what they're reporting on the news?" "Psh, Adam blabbed, huh?" "You just let me sit there rooting for her like an idiot, while the whole time you were only watching the show because you slept with her?" "Sounds like a question but..." "I feel that you already know the answer." "Why didn't you just tell me?" "Oh, how would that have gone?" ""Hey, see Lacey?" "I did her." "Up high."" "Come on, you love that show." "I didn't want to spoil it for you and possibly cost Lacey your vote." "Oh, you think I'm that petty?" "You know I do." "I mean, if she wins this, it could be the best thing that ever happened to her." "Second best." "See, you're not enjoying this." "Oh, shut up." "It wouldn't have bothered me at all." "Oh, come on." "Jeff, we have been married 14 years." "We both have pasts." "It's not a big deal." "I know, it's just that..." "Well, you know..." "What?" "None of yours are famous." "Famous?" "Oh, please." "She's a dancing chimp whose 15 minutes are just about up." "I knew you'd turn on her." "Besides, it's not like I haven't dated someone well-known." "Ugh, not this again, Audrey." "I wouldn't call the guy who grew the largest pumpkin in Lancaster county "well-known."" "It wasn't just Lancaster." "It was the whole tri-county area." "And that's not even who I'm talking about." "I dated somebody more famous." "Really?" "More famous than Pumpkin Pete?" "It just so happens my first year of college" "I had quite the little fling with Jerry Waldman." "Who's Jerry Waldman?" "Oh, just a brilliant young law student who would eventually go on to become..." "Here we go." "The chief justice of the supreme court of the state of New York." "Really?" "You--you dated him?" "Yep." "The honorable Jerome Waldman." "Ha!" "He's bald!" "Look at that." "Mine's hot, and yours is a chrome-dome." "He is the youngest supreme court justice in history." "A genius at constitutional law." "Because he was studying while everyone else was combing their hair." "He had a thick head of hair when I dated him." "Eh, it's too bad things didn't work out, 'cause you coulda been Mrs. Audrey Baldman." "It's Waldman." "Not anymore." "Hey, Timmy." "Hello, sir." "Oh, I was worried sick about you." "So did you do it?" "I did." "And it actually went quite well." "It turns out she felt much the same way I did and was also quite relieved." "Great." "Okay, to recap and be totally clear." "You're totally broken up, all ties cut, no regrets, and you have no feelings for her whatsoever?" "Well, I don't know if-- yes or no?" "Yes." "Suneetha and I are unengaged." "And we were even able to remain friends, and I have you to thank, sir." "I really do with there was some way I could repay you." "Well..." "There might be." "Oh, really?" "How?" "Uh, I don't know." "Maybe give me her number." "Her phone number?" "Hmm." "Why?" "You told him, huh?" "What's so funny?" "What I feel for Suneetha-- oh, you feel, do you, sir?" "Classic, good one." "Do you seriously believe she would go from a young, taut-skinned, reasonably attractive man of her same caste with a great head of jet-black hair to, well, the opposite of all that?" "Wow, that is really mean." "Spend a day at my house." "I'll show you mean." "I don't care what you say." "I've never felt this way about a girl before." "Yes, sir, well, I do hope she can hear your voice from the splatter of her vomit hitting the sidewalk." "So mean." "Now, if your mind is really made up," "I suggest you get a move on." "She's going back to India, and she'll be leaving from the airport soon." "What?" "Why didn't you tell me?" "Come on." "How do I look?" "Like Martina Navratilova." "Yeah?" "She's a handsome woman." "I'll take it." "See ya." "Well, this is a new low even for him." "What is?" "To pretend he had my interests at heart." "But it was all just a facade to get rid of me so he could make a move on Suneetha." "Listen, Timmy," "Russell's not always a great guy, but I gotta defend him here." "He's been in love with Suneetha since he first laid eyes on her." "I'm sorry, what?" "It's true." "But he didn't do anything out of respect for you." "He waited till you broke up and made sure it was your decision." "I can't quite believe it." "Oh." "Perhaps I was wrong about him." "Mm-hmm." "Well, maybe you should have paid a little more attention." "Glad I'm not your best friend." "I mean, unless you want me to be." "Suneetha, wait." "You got time, buddy." "This is gonna take a while." "Russell, what are you doing here?" "I--I just" "I wanted to tell you that" "God, this is harder than I thought." "That's what she said." "I got that from you." "It makes me laugh every time." "Yeah, well, that's solid." "It's one of the classics." "See, we have so much in common." "We like the same jokes." "You're smart and beautiful, and I'm smart and..." "Do you know who Martina Navratilova is?" "Yes." "She's a handsome woman." "Thank you." "Listen, I know this is crazy and it's sudden, but I actually-- me too, Russell." "What?" "Since that first day at the airport," "I've had these feelings for you as well." "You have, really?" "I tried to hide them." "I didn't want Timmy to know." "Well, Timmy knows." "I just told him." "It's all on the up and up now." "There's nothing to hide." "You can take that trunk out." "You gotta be kidding me." "Russell, as much as I'd love to stay and see where this goes, I can't." "I must return to Mumbai." "No." "But we'll always have this moment." "This perfect moment will just belong to us." "Good-bye, Russell." "Good-bye, sweet Suneetha." "Hello." "Oh, hi." "Yes, how'd it go?" "Really?" "And then what?" "Then I kissed him good-bye and got in the cab." "Thank you so much for doing that for me, Suneetha." "That was very sweet and most generous of you." "I was happy to do it." "You know, I wonder if we may have acted a bit hastily in calling off our engagement." "Suneetha?" "Oh, I'm sorry." "I was just thinking about Russell." "He's very sweet and kind of sexy in a-- safe travels." "Good-bye." "And in news from Albany, today New York state supreme court justice" "Jerry Waldman made a dramatic announcement." "In the interest of living my life from here forward in an honest and truthful way," "I would like to say, on the record, that I am gay." "I am a gay American." "Oh, my God!" "Audrey, get in here!" "Baldman's gay!"


// Copyright 2011 The Go Authors. All rights reserved.
// Use of this source code is governed by a BSD-style
// license that can be found in the LICENSE file.

package proxy

import (
	"crypto/tls"
	"errors"
	"net"
	"net/http"
	"net/url"
	"time"

	"github.com/phuslu/glog"
	quic "github.com/phuslu/quic-go"
	"github.com/phuslu/quic-go/h2quic"
)

func QUIC(network, addr string, auth *Auth, forward Dialer, resolver Resolver) (Dialer, error) {
	var hostname string

	if host, _, err := net.SplitHostPort(addr); err == nil {
		hostname = host
	} else {
		hostname = addr
		addr = net.JoinHostPort(addr, "443")
	}

	s := &Quic{
		network:  network,
		addr:     addr,
		hostname: hostname,
		forward:  forward,
		resolver: resolver,
		transport: &h2quic.RoundTripper{
			DisableCompression: true,
			QuicConfig: &quic.Config{
				HandshakeTimeout:              5 * time.Second,
				IdleTimeout:                   10 * time.Second,
				RequestConnectionIDTruncation: true,
				KeepAlive:                     true,
			},
			KeepAliveTimeout:      30 * time.Minute,
			IdleConnTimeout:       5 * time.Minute,
			ResponseHeaderTimeout: 5 * time.Second,
			DialAddr: func(address string, tlsConfig *tls.Config, cfg *quic.Config) (quic.Session, error) {
				return quic.DialAddr(addr, tlsConfig, cfg)
			},
			GetClientKey: func(_ string) string {
				return addr
			},
		},
	}
	if auth != nil {
		s.user = auth.User
		s.password = auth.Password
	}

	return s, nil
}

type Quic struct {
	user, password string
	network, addr  string
	hostname       string
	forward        Dialer
	resolver       Resolver
	transport      *h2quic.RoundTripper
}

// Dial connects to the address addr on the network net via the HTTPS proxy.
func (h *Quic) Dial(network, addr string) (net.Conn, error) {
	switch network {
	case "tcp", "tcp6", "tcp4":
	default:
		return nil, errors.New("proxy: no support for QUIC proxy connections of type " + network)
	}

	req := &http.Request{
		Method: http.MethodConnect,
		Host:   addr,
		Header: http.Header{},
		URL: &url.URL{
			Scheme: "https",
			Host:   addr,
		},
	}

	resp, err := h.transport.RoundTripOpt(req, h2quic.RoundTripOpt{OnlyCachedConn: true})
	if err != nil {
		glog.Warningf("%T.RoundTripOpt(%#v) error: %+v", h.transport, req.URL.String(), err)
		h.transport.Close()
		resp, err = h.transport.RoundTripOpt(req, h2quic.RoundTripOpt{OnlyCachedConn: false})
	}

	if err != nil {
		return nil, err
	}

	if resp.StatusCode != http.StatusOK {
		return nil, errors.New("proxy: failed to read greeting from HTTP proxy at " + h.addr + ": " + resp.Status)
	}

	stream, ok := resp.Body.(quic.Stream)
	if !ok || stream == nil {
		return nil, errors.New("proxy: failed to convert resp.Body to a quic.Stream")
	}

	return stream, nil
}


Obama’s Victory: A Sociological Prayer

I’m a sociology teacher, a member of the Pacific Green Party of Oregon, an almost-pacifist, and a libertarian socialist. My intellectual heroes are people like Karl Marx, Thorstein Veblen, C. Wright Mills, and Noam Chomsky. I believe democracy is much more in the streets than in the halls, and that Mohandas K. Gandhi and Martin Luther King, Jr. are the great icons of successful modern leadership. I consider my life’s calling to be to raise my son well and to do as much as I can to help expose and publicize the dangers of corporate capitalism and market totalitarianism.

For all these reasons, and because my mama and granny didn’t raise a complete fool, I voted for Cynthia McKinney, not Barack Obama. Think about it: Obama is threatening new and expanded wars; spurns single-payer national health insurance; voted for FISA renewal and the mother of all give-aways to Wall Street; wants to include Republicans when he doesn’t have to; thumbed his nose at public campaign financing; almost certainly won’t get tough on the rogue state of Israel; and has been utterly weaselly about his quasi-promise to withdraw from Iraq. To compound all that, he also selected as his running-mate the Botoxed super-creep, Joe Biden, the figure who revealed his stunning secret disdain for democracy to a group of big-wig fundraisers in Seattle two weeks before the election.

So…

Last night, as Obama strode to the podium for his victory speech, why did I find myself welling up with tears and choking out “The Battle Hymn of the Republic”?

Mine eyes have seen the glory of the coming of the Lord

He is trampling out the vintage where the grapes of wrath are stored

He hath loosed the fateful lightning of His terrible swift sword

His truth is marching on. ..

It isn’t that I’ve lost my deep skepticism about what’s on Obama’s agenda. Sure, his speech was wonderful, what with its reference to the New Deal, its borrowing of a major line and an exact cadence from the last public speech of Dr. King, its sublime mention of a 106-year-old woman as a way to think about the future, and its promise of a new puppy.

But that’s not it. Though all these things do raise my hopes a bit, that’s not why I felt, watching Jesse Jackson sob, that a new door has opened. No, it’s something much bigger than Obama himself. It is something my sociology work has convinced me of.

Permit me to explain:

Part of it is something explained by fellow sociologist John Markoff, in his book Waves of Democracy.

While we are trained by vested interests to believe that democracy is a smooth-functioning, stable-state reality that has already been fully achieved and operates mainly by voting and parliamentary procedure, the actual reality is quite different. Democracy, Markoff points out, is an unending, self-expending process. Moreover, it is as much about organizing and movements as it is about rules and procedures and ballots.

Indeed, think of all the things we rightly perceive to be the fruits and blessing of democracy: votes for women, votes for victims of racist apartheid, votes for everybody of a mature age, the 8-hour work day, the right to organize unions and other political societies, environmental standards, the ending of egregious imperial wars, etc. All these things were only ever put on the public agenda and forced into the fabric of democracy by social movements. Left undisturbed by mass mobilizations and principled trouble-making, even the kindliest overseers and the fairest of mundane elections would likely have let all the overcome evils run on indefinitely. Hell, even democracy itself only won its day via fighting in the streets — think back on the American and French Revolutions! Not exactly tea parties, Boston Harbor notwithstanding.

So, as Markoff argues, the reality is that democracy moves in waves. It ebbs and flows. It surges and retreats. While Constitutions, Bills of Rights, and universal suffrage and fair elections are all necessary, they are neither sufficient nor the whole story of what democracy is and how it works. In full sociological view,

we will find movements, often involving transnational components, demanding democratization; we will also find important anti-democratic movements. We will find elites advocating democratic reforms, often in response to initiatives by other states; we will find anti-democratic actions by elites a well. And we will see movements and elites interact: movements pushing elites and elites opening up opportunities for movements. When the processes come together in a great multinational convergence, the result is a wave of democratization (or antidemocracy).

This brings me to the other part of my newfound optimism. This second part comes from Harvard Sitkoff, the excellent historian of the Civil Rights Movement.

In his book, The Struggle for Black Equality: 1954-1992, Sitkoff observes that social movements crystallize only at the rare times when two things come into rough balance — anger and hope.

Nourished by anger, revolutions are born of hope. They are the offspring of belief and bitterness, of faith in the attainment of one’s goals and indignation at the limited rate and extent of change. Rarely in history are the two stirrings confluent in a sufficient force to generate an effective, radical social movement.

As Sitkoff also points out, it is hope that tends to be lacking, as the forces of brutality (the ones that have dared call themselves “Civilization”) tend to hunt out and crush down good, hope-inspiring examples. Only when some tireless strugglers manage to push a daisy up through the pavement does lightning strike and a movement rise. Anger is always there. Given the power of the powerful, hope is usually the rain in the desert, the desperately-needed thing that goes lacking.

Yet, history is never over. Every once in a while, we get a Brown v. Board of Education. As Sitkoff explains, without Brown, there would probably have been no Civil Rights Movement as we knew it, and as we have so greatly (if only incompletely) benefited from:

Brown heightened the aspirations and expectations of African-Americans [and their sympathizers] as nothing before had. It proved that the Southern segregation system could be challenged and defeated. It proved that change was possible. Nearly a century after their professed freedom had been stalled, compromised, and stolen, blacks confidently anticipated being free and equal at last.

This, then, is what I think and pray Obama’s breakthrough victory might ultimately mean — it might very well stand, whatever it ugly sort-run details may be, as the next Brown v. Board of Education, the next long-awaited spark, the next rain that brought a new and bigger and smarter wave of democracy that not only made the desert flower once again, but allowed us to claim still more territory for human decency, sustainability, and love. Like Brown did before (although our schools are still deeply segregated aren’t they?), Obama’s win might yield a storm of new hope sufficient to unleash the ordinary people once again. It might finally allow us to use, rather than just discuss and nurse, our anger.

So…

Let us take President Obama’s victory and his invitation and make them ours, on our own terms: Let us seize this victory and move once again into the streets. Let us do lay our hands on the arc of history, and use these next thirty years to bend it so as to undo and transcend the vast evils wrought over the last thirty years, by the benighted forces of privilege and reaction. Let us use this landslide and this wave of new youthful energy to put huge pressures on President Obama and those who attend and follow him in Washington. And let us turn this new wave into a wave of not just domestic, but global democratization. Let us continue to fight and win in our culture war (and, yes, we are winning). Let us seize victory from the jaws of defeat and fashion a humane, still-progressive world for our 106-year-old children!

Related

MD
If the people would not get out in the streets abd put pressure on the most criminal gang to ever take over the U.S. govt., why would they make the attempt when the one in power is looked on as a savior?

Vote Up0Vote Down

10 years ago

Guest

Rev. Jose M. Tirado

Jim: Easy. Because “saviors” inspire people more than criminals.

An excellent piece highlighting my own long-held conviction that it is only from the streets that those “blesings” of democracy are made real.

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10 years ago

Guest

Van

Good speech, MD. It does read like a speech. But I’m not real hopeful about Americans taking to the streets, either. Like Jim, I think they’re far too enraptured with Obama, seeing him as almost a Messiah figure, and will be content to let him do whatever he wants, in the belief that he knows best. We’ve been a passive population for so long that I doubt that’s going to change soon. I don’t expect the Dems will be any more welcoming of outsiders’ input than they’ve been for several decades, so unless we mobilize that anger you speak to,… Read more »

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10 years ago

Guest

Jim R

What troubles me is how the self identified liberal and progressive Democrats are giving him a pass as he ignores or goes against all they believe in.
When we start to hear how the Democrats war is a good war (Afghanistan) we better start looking elsewhere for salvation

Well, it’s curious and illogical, but the studies do suggest that Sitkoff is correct. People only rebel when they have some hope to accompany their anger.

Remember that the Seattle anti-capitalist eruption happened under Clinton, and hasn’t been heard from under Monkeyman.

And what I’m saying isn’t hope for something from above. I’m saying let’s return to organizing, and kick this cracked door open!

Thanks for the feedback!

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10 years ago

Guest

RJHall

I don’t know.. seems like people fall asleep under Democratic presidents but at least they march against Republican ones. I’m afraid I don’t exclude myself. I marched in Eugene against Bush I, and people all over the world (even here in Luxembourg) marched against Bush II, but I never marched against Bill Clinton, and I don’t remember that anyone else did either, even when his policies like bombing Yugoslavia could have called for it. Was the “Battle in Seattle” in 1999 the only time anyone erupted under Clinton in his whole 8 years? When anger is mixed with hope, the… Read more »

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10 years ago

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Rev. Jose M. Tirado

RJ: Why leave the country with examples? There were regular riots during the Johnson administration and protests everywhere. In fact, in 1968 the Kerner Commission concluded that the country was heading toward “two societies, one black, one white.” And don´t forget that under FDR there were huge strikes and agitation. The Wagner Act which “gave us the right to strike” was passed under a Dem admin–FDR. (Because the Congress needed to control how out of control the workers were then by limiting the strikes. That´s right. “Legalizing” strikes put the stamp of enforcement on it by government.) Same for Dem… Read more »

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10 years ago

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RJHall

(It looks like Merkley won after all. (Close Senate race in Oregon.) Whew, that was close! 🙂 ) Speaking of hope, here’s a cheery thought: What’s to stop at least one (probably dozens or hundreds) Dick-Cheney-type saying defiantly, as the victory of humanity (which the Dick-Cheney-type would certainly equate with, as incidentally do I, the victory of the revolution) seems imminent, “I’d rather destroy the world than let the commies win” and launching the nukes or the virus or whatever? This would put a full stop to humanity with the same utter finality with which a period puts a full… Read more »

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10 years ago

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RJHall

it’s our only hope; but having even just one world-destroyer say “I’d rather destroy the world than let the commies win” is like the ultimate abandon-all-hope-ye-who-enter-here. It would just take one (and again, there’d probably be dozens or hundreds) and it’s Game Over, dude. The Internationale or “Imagine” or whatever songs or music you like would suddenly come to a screeching halt with a noise like the phonograph needle being scratchily removed from the record. And that’s IF the victory of humanity (the revolution) ever seems imminent. I suspect it won’t even get that far — assuming it isn’t already… Read more »

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10 years ago

Guest

Rev. Jose M. Tirado

RJ, OK, so it doesn´t happen. Is the only alternative that world-destroying Moloch? Or is it (as it always has been throughout history) something less BIG and more hum-drum? My guess is the latter. Look, victories are won daily. Cochabamba is a small example. Evo Morales, Hugo Chavez, and others are trying to think out of the box. The world is much more connected than when I was a kid and thus so is labor. I don´t believe in either-or anymore. I believe change occurs slowly and incrementally and if I can help in one small way in one small… Read more »

“Mr. Obama’s advisers said they were startled, if gratified, by the jubilation that greeted the news of Mr. Obama’s victory in much of the United States and abroad.” [NYT today]

A genie is out of the bottle here, friends. The Democratic Party peckerwoods are going to try to ignore it and hope it flies back into confinement.

Given the nature of emerging realities and the blast of new hope, it seems possible it won’t oblige so easily this time…

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10 years ago

Guest

optimax

MD, You sound like a Taoist. Welcome to the club. Is the glass half full or half empty is the wrong question. Is the water in the glass filling or receding is better. Life is movement and America has just changed course. Let’s see where it goes.

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