Nanotech 'second skin' could protect soldiers from chemical threats

5 hrs.

Devin Coldewey , NBC News

Advances in nanotech have allowed research into materials that actively detect and shut out harmful molecules, or even shed layers like real skin. It?could be a lifesaver for soldiers and emergency workers.

A soldier in the field has lots of protection: A helmet, flak jacket, armored panels and so on. But when it comes to chemical and biological warfare, that equipment is virtually useless. Gases and bacteria can penetrate or simply cling to soldier's garments and gear, wreaking havoc later despite being highly diffuse.

The risk can't be mitigated entirely, but polymer scientists at the University of Massachusetts at Amherst and Lawrence Livermore National Laboratory are working on a "second skin" made of?smart materials that would be a far more effective and sophisticated defense than we have now.

They call the fabric they're working on a "hybrid functional material," and it's made of a combination of carbon nanotubes and specially?designed nanoparticles. It's designed not just to block out unwanted agents, like poisonous gas molecules and spores, but to be normally breathable as well in less dangerous situations.

At a molecular level, the nanotubes are aligned vertically and arranged to form pores just a few nanometers wide. While ordinary air can pass through these tiny "nanopores," larger molecules and organisms like viruses simply don't fit.

There are smaller threats, however: Nerve agents and mustard gas would go right through even such tiny gaps. The nanomaterial?membrane?would be coated with "responsive functional groups," special molecules designed to respond to the presence of such deadly toxins. Activated molecules would trigger the nanopores to shut completely.

Lastly, in the case of agents that tend to stick around instead of diffusing, such as anthrax, the material will be designed to slough them?off, mimicking human skin. That way a garment exposed to infection wouldn't bring it back to, or out of, a hospital or base.

The leader of the research team is LLNL's Franceso Fornasiero, who is working closely with UMA's Kenneth Carter and James Watkins and others. They've just received a $1.8 million five-year grant to research how to manufacture these nanomaterials in bulk, and they estimate that new nano-uniforms could be in the field within 10 years.

Devin Coldewey is a contributing writer for NBC?News Digital. His personal website is?coldewey.cc.

Source: http://www.nbcnews.com/technology/futureoftech/nanotech-second-skin-could-protect-soldiers-chemical-threats-1C7291458

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Euro zone to seek Greek aid deal without write-off

BRUSSELS (Reuters) - Euro zone finance ministers and the International Monetary Fund made their third attempt in as many weeks to agree on releasing emergency aid for Greece on Monday, with policymakers saying a write-down of Greek debt is off the table for now.

Greek Finance Minister Yannis Stournaras said he was confident the ministers would reach a deal after Greece fulfilled its part of the deal by enacting tough austerity measures and economic reforms.

"I'm certain we will find a mutually beneficial solution today," he said on arrival for what was set to be another marathon meeting.

Greece, where the euro zone's debt crisis erupted in late 2009, is the currency area's most heavily indebted country, despite a big "haircut" this year on privately-held bonds. Its economy has shrunk by nearly 25 percent in five years.

EU Economic and Monetary Affairs Olli Rehn said it was vital to disburse the next 31 billion euro tranche of aid "to end the uncertainty that is still hanging over Greece". He urged all sides to "go the last centimeter because we are so close to an agreement".

Negotiations have been stalled over how Greece's debt, forecast to peak at 190-200 percent of GDP in the coming two years, can be cut to a more sustainable 120 percent by 2020.

Without agreement on how to reduce the debt, the IMF has held up payments to Athens because there is no guarantee of when the need for emergency financing will end.

The key question is: Can Greek debt become sustainable without the euro zone writing off some of the loans to Athens?

IMF Managing Director Christine Lagarde said on arrival that the solution must be "credible for Greece".

A source familiar with IMF thinking said the global lender was demanding immediate measures to cut Greece's debt by 20 percentage points of GDP, with a commitment to do more to reduce the debt stock in a few years if Greece fulfills its program.

Under the source's scenario, Greece's debt could be reduced to around 125 percent of GDP by 2020 using a variety of methods including a debt buyback, reducing the interest rate on loans and returning euro zone central bank 'profits' to Greece, but further steps would still be needed to hit the 120 percent goal.

The ministers took an extended break in mid-afternoon while experts worked on how to formulate a link between short-term measures and a credible assurance of eventual debt relief.

Germany and its northern European allies have so far rejected any idea of forgiving official loans to Athens.

DEBT RELIEF "NOT ON TABLE"

German Finance Minister Wolfgang Schaeuble told reporters on arrival that a debt cut now was legally impossible, not just for Germany but for other euro zone countries, if it was linked to a new guarantee of loans.

"You cannot guarantee something if you're cutting debt at the same time," he said. That might not preclude debt relief at a later stage if Greece has completed its adjustment program and no longer needs new loans.

The source familiar with IMF thinking said a loan write-off once Greece has established a track record of compliance would be the simplest way to make its debt viable, but other methods such as foregoing interest payments, or lending at below market rates and extending maturities could all help.

The German banking association (BDB) said a fresh "haircut" or forced reduction in the value of Greek sovereign debt, must only happen as a last resort.

Two European Central Bank policymakers, vice-president Vitor Constancio and executive board member Joerg Asmussen, said debt forgiveness was not on the agenda for now.

Asmussen told Germany's Bild newspaper the package of measures would include a substantial reduction of interest rates on loans to Greece and a debt buy-back by Greece, funded by loans from a euro zone rescue fund.

So far, the options under consideration include reducing interest on already extended bilateral loans to Greece from the current 150 basis points above financing costs.

How much lower is not yet decided -- France and Italy would like to reduce the rate to 30 basis points (bps), while Germany and some other countries insist on a 90 bps margin.

Another option, which could cut Greek debt by almost 17 percent of GDP, is to defer interest payments on loans to Greece from the EFSF, a temporary bailout fund, by 10 years.

The European Central Bank could forego profits on its Greek bond portfolio, bought at a deep discount, cutting the debt pile by a further 4.6 percent by 2020, a document prepared for the ministers' talks last week showed.

Not all euro zone central banks are willing to forego their profits, however, the German Bundesbank among them.

Greece could also buy back its privately-held bonds on the market at a deep discount, with gains from the operation depending on the scope and price. Officials have spoken of a 10 billion euro buy-back at around 30 cents on the euro, that would retire around 30 billion euros of debt, although since the idea was raised the potential gain has fallen as prices have risen.

But the preparatory document from last week said that the 120 percent target could not be reached in 2020, only two years later, unless ministers accept losses on their loans to Athens, provide additional financing or force private creditors into selling Greek debt at a discount.

The latest analysis for the ministers showed the debt could come down to 125 percent of GDP in 2020, one euro zone official with insight into the talks said.

FORGIVING OFFICIAL LOANS?

German central bank governor Jens Weidmann has suggested that Greece could "earn" a reduction in debt it owes to euro zone governments in a few years if it diligently implements all the agreed reforms. The European Commission backs that view.

An opinion poll published on Monday showed Greece's anti-bailout SYRIZA party with a four-percent lead over the Conservatives who won election in June, adding to uncertainty over the future of reforms.

German paper Welt am Sonntag said on Sunday that euro zone ministers were considering a write-down of official loans for Greece from 2015, but gave no sources, and a euro zone official said such an option was never seriously discussed.

(Additional reporting by Robert-Jan Bartunek, Ethan Bilby, Luke Baker in Brussels, Reinhardt Becker in Berlin, Astrid Wendlandt in Paris; Writing by Jan Strupczewski and Paul Taylor; editing by Philippa Fletcher)

Source: http://news.yahoo.com/euro-zone-imf-seek-greece-deal-debt-write-055911326--business.html

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Greece Hopes for Delayed Loan Today - Greece - Greek Reporter

Greek Finance Minister Yiannis Stournaras (R) with his French counterpart, Pierre Moscovici

Eurozone finance ministers on Nov. 26 will consider for the third time in three weeks whether to sign off on a long-delayed $38.8 billion loan installment Greece needs to keep its debt-crushed economy from crashing, but could face yet another setback.

The bloc?s fiscal chiefs can?t see eye-to-eye with International Monetary Fund (IMF) Managing Director Christine Lagarde over how to reduce Greece?s debt and deficit, including whether granting another two years, until 2022, to meet fiscal targets, as well as other options that include imposing losses on its lenders.

The Troika of the European Union-IMF-European Central Bank is holding back the loan, the first in a second bailout of $173 billion, until a consensus can be reached. Greece was surviving on a first series of $152 billion in rescue loans and Samaras pushed through Parliament an unpopular $17.45 billion spending cut and tax hike plan as a condition of getting the additional aid, and has been frustrated at the delay.

Finance Minister Yiannis Stournaras will be in Brussels hoping to clinch a deal that could include folding in another installment to bring the total to $57 billion, although most of that is set to pay overdue bills and recapitalize the country?s banks that had been pushed toward insolvency after a previous administration imposed 74 percent losses on investors.

Stournaras took part in a Nov. 24 teleconference between the finance ministers that focused on the technical issues involved in finding a formula to reduce Greek debt. Finance Ministry sources told the newspaper Kathimerini there were not any serious disagreements and said they were confident a deal would be reached.

Prime Minister Antonis Samaras spent the last few weeks contacting foreign officials, including Lagarde and US Treasury Secretary Timothy Geithner, to get their support. Final approval may require a fourth gathering, pushing the decision to a previously scheduled meeting on December 3, according to a statement issued by Finland.

So far, the options for debt reduction under consideration include reducing interest on already extended bilateral loans to Greece from the current 1.5 percent above financing costs. Another option, which could cut Greek debt by almost 17 percent of GDP, is to defer interest payments on loans to Greece from the EFSF, a temporary bailout fund, by 10 years.

The ECB could forego profits on its Greek bond portfolio, bought at a deep discount, cutting the debt pile by a further 4.6 percent by 2020, a document prepared for the ministers? talks last week showed, but some banks are balking, including the German Bundesbank.

Greece could also buy back its privately-held bonds on the market at a deep discount, with gains from the operation depending on the scope and price. To cut the debt more boldly, the IMF wants the euro zone to forgive Greece some of the official loans, in what is called Official Sector Involvement (OSI) but which Germany, the Netherlands, Finland and Slovakia have already rejected as it would make their taxpayers pay for Greece?s negligence.

Source: http://greece.greekreporter.com/2012/11/26/greece-hopes-for-delayed-loan-today/

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What's good for the goose is good for fraud victims | CalWatchDog

Nov. 26, 2012

Katy Grimes: Former?Democratic campaign treasurer Kinde Durkee is facing only an 8-year sentence, even after she was?arrested on charges of mail fraud and defrauding Democratic campaigns of millions of dollars.

The Sacramento Bee reported?Monday that Federal prosecutors are planning to ask a judge to sentence Durkee?to only eight years in federal prison for a record case of campaign fraud.

Durkee had access to more than 400 Democratic campaigns, political action committees and club accounts, and was found guilty of wiping out many of the accounts and stealing from active Democratic campaigns, including from U.S. Sen. Diane Feinstein of San Francisco.

A not so secret past

Durkee not only pleaded guilty to stealing more than $7 million from Democratic campaigns in 2011, the campaign treasurer had a sketchy history that was not a secret.

?Many ask why Democrats allowed Durkee to continue as a treasurer despite campaign violation?fines?totaling?$185,000, as well as criminal investigations by the Los Angeles County district attorney?s office in 2008 and 2009, the Los Angeles Times?reported,? I wrote in a story in Oct. 2011.

State Democrats appealed to the state Fair Political Practices Commission for a change of state campaign rules to help alleviate the pain of Durkee?s massive theft of the campaign funds. But they did this only after telling victims of financial swindles in California that they would get no special tax relief from the state.

State?Sen. Joel Anderson, R-San Diego, authored a 2011 bill which would have provided tax relief for victims of fraudulent investment schemes similar to the?Bernie Madoff case, by allowing a tax deduction for losses attributable to criminal investment fraud.?Victims of financial fraud are allowed tax relief in many other states and by the federal government.

But Democrats in the?Senate Committee on Governance and Finance?killed the bill, sponsored by State Treasurer Bill Lockyer.

Democrats in the governance committee stated they voted against Anderson?s bill because ?tax relief policies would decrease state revenues and exacerbate the state?s multi-billion dollar budget deficit.?

Then Democrats asked the FPPC to be able to accept additional contributions to rebuild the money stolen by Durkee from campaign accounts.

Durkee?s fraud case

Federal prosecutors found that Durkee had used campaign money to pay her personal credit cards, home mortgage, business-related bills and even for her mother?s assisted-living facility. Durkee apparently created a sophisticated cover-up scheme shifting funds between candidates? accounts to cover up the theft.

At her sentencing hearing this week, it is also expected that a restitution amount should be announced. ?But I?m not sure that Democrats expect to get any money back either through more fundraising, or from squeezing blood from the turnip.

Being a fraud victim stinks, doesn?t it?

?

Tags: California, Democrats, fraud, Katy Grimes, Kinde Durkee, tax increases

Source: http://www.calwatchdog.com/2012/11/26/whats-good-for-the-goose-is-good-for-fraud-victims/

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After Sandy, lower Manhattan limps back to life

NEW YORK (AP) ? The hum of massive mobile generators, boilers and pumps emerges blocks from Manhattan's Financial District and turns into a steady din south of Wall Street ? the now-familiar sound of an area laboring to recover from Superstorm Sandy.

Other parts of the city have gotten mayoral visits and media attention after the Oct. 29 storm killed dozens of residents and tore apart homes in coastal neighborhoods. Less obvious were the millions upon million gallons of sea water that wreaked havoc on subterranean electrical panels and other internal infrastructure throughout lower Manhattan, making them unusable even after power was restored to the area.

"There were waves on Wall Street, and it all ended up here," Mike Lahm, a building engineer who rode out the storm at 120 Wall Street, said during a recent tour of the skyscraper's basement.

Nearly a month later, some of the high-rises that are home to investment banks, large law firms and luxury apartments have bounced back quickly. But others buildings remain eerily dark and vacant.

Landlords have warned full power won't be back for weeks, if not months, leaving businesses and residents displaced and uncertain about when ? and even whether ? they'll return. JP Morgan Chase, the Daily News and the American Civil Liberties Union are among tenants still operating in satellite locations after getting washed out of their headquarters in lower Manhattan.

Heavy flooding also hit a complex of multimillion-dollar apartments along the Hudson River, whose well-heeled owners ? reportedly including Gwyneth Paltrow and Meryl Streep ? could quietly retreat to second or third homes on higher and drier ground.

"What you're looking at here is a mass exodus," downtown resident Gail Strum said as she retrieved some files and other belongings from a rental apartment building that's still without power. "It feels like there's no coming back."

On paper, Strum's assessment sounds too pessimistic. The city Buildings Department declared only nine buildings in lower Manhattan unsafe because of structural damage from the storm, and the power company, Consolidated Edison, says all buildings citywide had access to electricity and steam power by Nov. 15.

A real estate consulting firm that's tracking the lower Manhattan recovery, Jones Lang LaSalle, says 49 of the 183 office buildings in the business district were closed because of mechanical failures. By the latest count, at least half were back in full operation, even if it has meant relying on temporary power. More are expected to follow.

"We see that as a very healthy pace," said John Wheeler, a Jones Lang LaSalle executive.

One success story was 120 Wall Street, a 600,000-square-foot, 34-story skyscraper built near the East River that's home to nonprofits such as the National Urban League, the United Negro College Fund and the Eye-Bank for Sight Restoration.

Even before Sandy hit, landlord Silverstein Properties got ahead of a scramble for recovery resources by securing portable diesel generators each capable of providing 2 megawatts of power. Afterward, the building brought in its own fuel tanker from Pennsylvania ? and a security team from Florida to guard it ? so it could keep the generators going during the gas crunch.

Using a mix of generator power and restored Con Ed service, engineers had the elevators, lights and heat up and running by mid-November.

To the tenants, "It's as if the building's operating normally," said Jeremy Moss, a vice president with Silverstein Properties.

What tenants don't see in the bowels of 120 Wall Street is a thicket of temporary, exposed wiring that runs everywhere. The warning "LIVE WIRE. KEEP OUT" is spray-painted in red on the door of a room housing switches, fuses or circuit breakers after it was submerged. The air is clammy and musty ? "the smell of the East River," said Lahm, the building engineer.

Fearing the East River might one day try again to meet the Hudson, 120 Wall Street and other buildings are facing an even bigger, more expensive job: Moving critical infrastructure to higher floors or even roofs.

"We're going to need to relocate equipment so history doesn't repeat itself," Moss said.

Farther uptown, NYU Langone Medical Center and Bellevue Hospital Center had put generators on high floors where they could be protected in a flood. But they still suffered failures with Sandy, apparently because other critical components of the backup power system, such as fuel pumps and tanks, remained in basements just a block from the East River.

While 120 Wall Street enjoys a degree of normalcy, other newer and taller glass towers around it remain shut as teams of contractors and workers struggle to restore power, phone and other services. Tractor-trailers providing emergency services such as "microbial remediation" crowd the streets. Cabs are few.

Fire engines became a part of the mix on Friday with the report of a fire in the basement of another vacated office building at 55 Water St. ? the address for financial services company Standard & Poor's and the city Department of Transportation ? that left two dozen people suffering from smoke inhalation and sent four to a hospital. The cause wasn't immediately clear.

The lower Manhattan disarray has also reached the courtroom. Last week, a resident of a still-evacuated luxury high-rise filed a $35 million lawsuit against his condo board and management company, accusing them of "gross negligence" in the wake of Sandy.

The management company, Cooper Square Realty, fired back in a letter from its chief executive, David Kuperberg, claiming that contractors recruited from as far away as Wisconsin and Michigan have been working nonstop to tear out wet walls, carpeting and wallpaper to prevent mold; installing new generators; rebuilding a water pump; and mopping up residue left by oil-tainted salt water.

"While Cooper Square Reality did not cause the storm, the company is doing everything it can" to get people back in their homes, Kuperberg wrote.

The uncertainty also is evident at South Street Seaport, a cluster of early 19th-century mercantile buildings converted to retail shops and apartments. Usually teeming with tourists, the seaport remained a ghost town late last week, despite postcard-perfect weather.

Inside a shut-down brew pub still without lights, workers wearing masks and white jumpsuits scrubbed down the bar, floor and tables. Many businesses, including Ann Taylor, Body Shop and Guess outlets, were still boarded up with plywood.

Also shuttered was "Bodies ... The Exhibition," the show featuring dissected human cadavers that has been a fixture there since 2005. Its website says that due to "damage to our venue, we are closed until further notice."

Some seaport residents have electricity back but no heat or hot water. Liz McKenna, 54, who was living in a third-floor apartment overlooking the East River when a deluge filled the entire first floor with water, said she expects to be able to move back in a couple of weeks ? maybe.

"That's only a guess," she said as she picked up her mail. "Look around. Nobody really knows how bad it is down here. ... We've been ignored."

One of the few businesses to open its doors, Meade's bar and restaurant, had no customers at lunchtime.

"We're open, but who are we open for?" said 28-year-old bartender Nichole Osborne. "All of my regulars are displaced."

An etching on the front window, quoting Dylan Thomas, offered a glimmer of resolve: "Rage, rage against the dying of the light."

___

Associated Press writer Jennifer Peltz contributed to this report.

Source: http://news.yahoo.com/sandy-lower-manhattan-limps-back-life-072154595--finance.html

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Why So Much Confusion About Holdover Tenants? ? Retail Real ...

There really is such a thing as a ?holdover? tenancy, but our experience has taught us that not a lot of us know what it is. So, today, we?ll either be clearing this area up or adding to the confusion. We?re sure our loyal followers will let us know either way.

Last week, Ruminations overstayed its welcome with a very lengthy piece about landlord lien waivers. If you haven?t finished digesting it, press on because it was very, very well received. This week, our goal is to get in and out, hoping to average, over the two weeks, a reasonable size blog posting.

To know what characterizes a holdover tenancy, you?ve got to know what it isn?t. It?s not a ?Term of Years? (?Tenancy for Years?); it?s not a ?Periodic Tenancy?; and, especially, it is not a ?Tenancy at Sufferance.?

When you hear or see ?Term of Years,? focus on the word ?Term,? not on the word ?Years? because, to qualify as one, it just needs to have a fixed term. It needs a starting date and an ending date. Basically, it?s the kind of lease we are all accustomed to seeing. The starting date can be explicitly stated or can be implied based on the date of execution or delivery. The ending date can be a fixed date or can be ?X? days, months or years after the starting date. One way or the other, you will know when the term begins and when it ends. The end of the lease term happens without any need for one party to give the other any notice and without any need for something to fall out of the sky. It?s over when it?s over (Ain?t it baby, Ain?t it. Rips ya like a dagger, Can it baby, Can it. Wish we could do it over. Damn it baby, Damn it. We had it in the air, we just ?) [Cowboy lyrics by Eric Church]. What happens if a tenant overstays its welcome depends on what the lease says and the particular facts in play. For today, to keep it short, we?re going to assume that readers of Ruminations are dealing with ?overstaying? in their written leases.

In contrast, a ?Periodic Tenancy? ain?t ?over when it?s over? because a ?Periodic Tenancy? has no defined ending date, the ?term? just keeps rolling over and over. Think month-to-month or year-to year. Without going over the detailed rules, suffice it to say that if neither landlord nor tenant gives the other a sufficient notice (with the time requirements for such varying from jurisdiction to jurisdiction), the tenancy repeats week by week, month by month or year by year, depending on what its initial periodicity might have been. The periodicity might be stated in the lease; otherwise, it generally matches the rent interval ? e.g., monthly rent means a month-to-month tenancy. That?s not a complete statement because what appears to be a monthly rent might actually be an annual rent payable, as a privilege, in monthly installments. A Periodic Tenancy commonly follows the end of a Term of Years. To put an end to a periodic tenancy, one party must give the other notice. The length of notice generally matches the ?period,? e.g., a month?s notice for a month-to-month lease. Often, a state?s law will set six months as the notice period for a year-to-year lease. And, the measuring date for notices is almost always based as if each period starts on the first day of a month. That?s often misunderstood with the result being that a lot of defective ?one month? notices are sent. For example, termination notices for month-to-month leases almost always need to be sent a ?calendar month? in advance. That means a notice sent on November 15 would be effective on December 31, not December 15. Worse than that, some courts will ?toss out? an entire notice sent on November 15 if it states that the month-to-month tenancy is terminated as of ?December 15,? making a whole new notice mandatory. The lesson is that you have to know ?how it works? in the jurisdiction where the property is located.

?Periodic Tenancies? are not common ways to start a landlord-tenant relationship. Nonetheless, the rules for them are important because many leases for a fixed term (a ?Term for Years?) are written such that they will continue as month-to-month arrangements after the stated term has ended, with all of the other lease?s provisions remaining intact. Keep that in mind as we crawl toward our discussion of the true ?holdover? tenancy.

Next, we get to the ?Tenancy at Will.? Although this is mainly relegated to non-commercial situations ? social situations such as ?stay as long as you like,? commercial arrangements of this sort do exist. At common law, these could be ended at the ?will? of the landlord or tenant. Today, for the rare commercial Tenancy at Will, statutes commonly set forth a one (calendar) month termination notice requirement. A Tenancy at Will is not a ?holdover? tenancy, though from reading a lot of leases, it seems that many parties think it is.

That leaves us with the ?Tenancy at Sufferance,? a ?wrongful? tenancy. Yes, if a tenant overstays its welcome (meaning it stays in possession after one of the previous three tenancies ends), it is a trespasser ? it shouldn?t be there; it is wrongfully ?holding over.? In our trade, the leasing trade, this is what we (should) mean when we speak of a ?holdover? tenancy. Basically, it is the landlord?s choice or the terms of the lease that determine whether you have a ?Tenancy at Sufferance.? If the lease is silent, the landlord can ?permit? its tenant to stay in possession, thereby creating a Periodic Tenancy, or it can deny its (now former) tenant the right to lawfully remain in possession. If the lease sets forth different ?rules,? the lease ?trumps? the landlord?s free will choice.

Here is where the text of a lease is critical. If a lease says that if the tenant hangs on after the term, the tenant becomes a month-to-month tenant (a ?Periodic Tenancy?), then the tenant isn?t a ?holdover? tenant. Similarly, if a lease says that staying beyond the term creates a Tenancy at Will, the tenant isn?t a ?holdover? tenant. That?s because, in each case, the tenant remains at the premises with the permission of the landlord and has the right to be there. And, that ?permission? remains in force until one party gives the other proper notice and the notice time has run. Go read your lease form. What does it say? If your lease form provides for a Tenancy at Will or a Periodic Tenancy, then the lease?s provisions continue in force and the rent is whatever your lease says it is.

What makes a ?holdover? tenancy special? Basically, because it is wrongful. That means that, as a trespass, a landlord may be entitled to tort damages. For a refresher on ?damages,? click HERE. Holdover tenancies are so common that many states provide for a statutory ?rent,? often double the last rent or double the ?fair market rent.? Some states require that a landlord first make a demand for possession, but that?s not a universal rule. Court decisions teach that trivial retention of possession (like leaving some easily movable or removable furniture behind) does not create a Tenancy at Sufferance. A tenant forced to remain in possession, such as by reason of a broken elevator or a utility blackout, is generally not treated by courts as a ?holdover? tenant under ?holdover? statutes.

We?d be remiss if we bailed out for today without telling readers that parties can vary a statutory ?double? rent remedy by providing otherwise in their lease, not only by reducing the ?holdover? rent, but also by going ?bigger? than double. In the ?less than double? class, figures like 125% or 150% are quite common (when negotiated), as are step approaches ? 110% for the first 60 days, 150% thereafter, being examples of such. In the ?go even deeper? approach, we?ve seen aNew ? Jerseycourt approve an agreed-upon ?tripling.? Logically, there must be some limit. Look to your state?s court cases. Also, it isn?t uncommon to state that the holdover rent is to be paid for an entire month, even if the holdover doesn?t last that long. There may be some case law as to whether that is an unenforceable penalty or as to whether you?ve created a new tenancy, but we haven?t seen any, nor have we done any research. Perhaps one of our readers has done so and is willing to ?share? by posting her or his comment.

There?s a practical side to what has preceded this point. It is that landlords and tenants need to figure out just how they want to handle ?what happens when the scheduled lease term is over.? If there is no bargaining power at the table for one party or the other, then it will be a Hobson?s choice. [?Take it or leave it ? you remember our October 14 posting?] If there is bargaining power all around, then the two sides can duke it out when writing the lease. Perhaps, the lease term should be extended on a month-to-month basis unless one party notifies the other at least six months before the end of the stated term that the term will not be extended. After all, without a notice period, once one party has affirmatively told the other that ?this is really the end,? what is really happening is that the landlord or the tenant, as the case may be, is jockeying for a negotiating advantage.

What do we mean? Well, in our experience (and from reading a lot of cases), a common scenario goes like this. (1) The end is near. (2) The parties begin discussing a lease extension, say for 5 or 10 years. (3) The lease term ends. (4) The parties are still discussing a lease extension. (5) The landlord gets impatient. (6) The landlord threatens to evict its tenant. (7) The tenant leaves. (8) The landlord claims double ?holdover? rent. (9) The landlord loses because it really didn?t know that permissive possession by a tenant isn?t a trespass; isn?t a ?holdover.? (10) Both parties are unhappy.

Maybe the ?tale of woes? just related suggests that sophisticated parties should negotiate for a three to six month notice period so that the tenant can leave graciously and its landlord will have time to start looking for the next tenant.

The subject of ?damages? for causing loss of the ?next? tenant is beyond the scope we set out for today?s posting. So, we?ll stop here.

Source: http://www.retailrealestatelaw.com/2012/11/why-so-much-confusion-about-holdover-tenants/?utm_source=rss&utm_medium=rss&utm_campaign=why-so-much-confusion-about-holdover-tenants

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Special Education teachers are an aging population: Local schools ...

California is currently facing as shortage of qualified teachers ? including special education teachers ? according to an article printed in September on US News on NBCNews.com.

The article cited a report, ?Greatness by Design? released by the California Department of Education in September ? a report designed to help improve how teachers are recruited, trained and mentored ? that states ?there are still shortages of qualified teachers in fields such as special education.?

Dr. Pia Wong, department chair for the Department of Teaching Credentials and professor at California State University Sacramento, says one reason for the shortage is teachers retiring without anyone to fill their positions. ?When you look at the average age of teachers in special (education) and general education, it?s an aging population,? she explains. ?Based on when people typically do retire or can retire, we know in the next 10 years we?re going to see very high numbers of retirement.?

Another reason, says Dr. Wong, is a growth in the population of students who qualify for special education services due to better diagnostic processes. ?Because we have better tools for understanding the special needs that students have, there?s more students that are identified and therefore that creates a need for special programs, special classes, specialized teachers,? she says.

So what does this mean for Sacramento?

Inclusion Practice at SCUSD

In Sacramento City Unified School District, Director of Special Education Becky Bryant says there?s not a shortage of special education teachers overall, but there is a shortage in certain types of special education specialties, such as speech and language pathologists and occupational therapists.

Overall, Bryant says the amount of special education teachers they have is cyclical and will depend on the number of retirees they have each year and if there are new teachers coming to replace them. ?Because Sacramento is the capitol, we have a lot of people that kind of move in and out because they have to relocate or something,? she adds.

According to Bryant, SCUSD employs 260 special education teachers and serves 88 schools plus charter schools. She says there are resource specialist programs at all school sites, and throughout the district there are special day programs.

Bryant says SCUSD is in the third year of implementation of an Inclusive Practice program at six schools in the district ? C.K. McClatchy High School, California Middle School, Sutterville Elementary, Oak Ridge Elementary, Leataata Floyd Elementary, and Caleb Greenwood K-8 School. Through this model, says Bryant, students who would have been in a traditional special day class setting are now in general education, and the general educator and special education teacher co-teach together to provide instruction to all students in the classroom.

According to Bryant, Inclusive Practice helps teach students skills they will need when they become adults and enter into a diverse society, and it allows all students to learn together and be part of a community. ?It?s not about singling out students with disabilities and sending them somewhere else,? she adds.

Special Programs & Inclusion at SJUSD

Over at San Juan Unified School District (SJUSD), Dayle Cantrall, program manager for special education, believes that special education is a growing need because there is not always a pool of credentialed teachers at the ready to fill any holes they may have. ?When we have credentialed teachers, they usually end up in a job and they stay ? they don?t face layoffs like general education teachers do, they?re always in high demand,? she adds.

According to Cantrall, SJUSD currently employs 307 special education teachers, including speech therapists and adaptive PE teachers. She says there is at a minimum a half-time resource teacher at every school site, and some high schools have upwards to nine special education teachers at a school site. And special education students range from those that need speech therapy to specialized programs for severe autism and the deaf and hard-of-hearing.

Cantrall says recent changes in special education programs at SJUSD include specialized programming for severe autism students and a new transition center for kids ages 18-22 this year.

Additionally, there are specialized inclusion programs from elementary through high school on a few campuses in the district, says Cantrall. ?We have support built into the particular campuses, including increased number of instructional assistants,? she explains. Plus some campuses also have the capability for a special education student to attend the same school as their brothers and sisters through the support of ?roving inclusion teachers? and resources teachers.

What It Takes

To help ensure there are qualified special education teachers for California schools, Dr. Wong says one thing CSUS has done is advocate for an admission cycle for the special education credential program every semester. Additionally, faculty has been active in securing grants from the federal government to help candidates interested in pursuing the special education credential.

For those considering becoming certified to become a special education teacher, Dr. Wong suggests they look into it by doing some research and visiting some classrooms. ?I think people may have certain preconceptions about what it means to teach students with special needs,? she explains. ?I think if they were to visit some classrooms, they would really see some positive, exciting things happen and maybe find it?s something that attracts them.?

Bryant says they look to hire special education teachers who have a passion for kids in general, and a passion to work with students with disabilities. ?(We look for) people who have a clear understanding of how to manage a classroom, how to motivate kids, and who are really willing to work on creating relationships with kids,? she adds.

And Cantrall says if you have a calling to work with at-risk kids, you?re not afraid to collaborate, think outside the box, and do what?s needed to meet the best interests of that child?s needs ? go for it. ?We need people in special education who are not only dedicated to kids, but dedicated to paving the way so those kids can continue to learn in the least restrictive environment possible,? she says.

Source: http://www.valcomnews.com/?p=9212

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