A Look at Securitized Trusts and Diversity Jurisdiction

first_imgHome / Daily Dose / A Look at Securitized Trusts and Diversity Jurisdiction  Print This Post Data Provider Black Knight to Acquire Top of Mind 2 days ago June 19, 2019 1,818 Views Emilie K. Edling is the Appellate Practice Chair for the national law firm, Houser & Allison, APC. Her practice focuses on mortgage servicing and other business litigation, as well as appellate advocacy before Washington, California, and Oregon Courts, Federal Circuit Courts, and Bankruptcy Appellate Panels. Ms. Edling’s appellate successes include the lead Oregon case clarifying the proof required to show entitlement to enforce a note, Deutsche Bank Trust Co. Americas v. Walmsley, 277 Or App 690, 696-97 374 P3d 937 (2016), and the recent decision in Demarest v. HSBC Bank USA, N.A. as Tr. for registered holders of Nomura Home Equity Loan, Inc., Asset-Backed Certificates, Series 2006-HE2, No. 17-56432, 2019 WL 1510430 (9th Cir. Apr. 8, 2019). She can be reached at [email protected] In a good news ruling for Investors in mortgage real estate trusts, the Ninth Circuit Court of Appeals has published a decision which allows securitized trusts to stay in federal court based on diversity jurisdiction. The Court rejected an argument that would have jeopardized the ability of investment trusts to ever remove a lawsuit to federal court on diversity jurisdiction grounds.  See Demarest v. HSBC Bank USA, N.A. as Tr. for registered holders of Nomura Home Equity Loan, Inc., Asset-Backed Certificates, Series 2006-HE2, No. 17-56432, 2019 WL 1510430 (9th Cir. Apr. 8, 2019).  Federal Courts are preferred for those with mortgage investment interests for a number of reasons, such as locale, court processes, efficiency, and quality.The Demarest case involved a borrower, Joan Demarest, who initiated several suits to stall foreclosure on property securing her loan after she defaulted on her loan.  Demarest filed her latest suit against “HSBC Bank USA, N.A.,” the entity serving as trustee for an investment trust (the “Trust”) to which Demarest’s note and deed of trust had been transferred.  The defendant in the suit removed the case to federal court, identifying itself as “HSBC Bank USA, N.A., as Trustee for the Registered Holders of Nomura Home Equity Loan, Inc., Asset-Backed Certificates, Series 2006-HE2,” providing the full name of the Trust.  The Trust’s removal notice advised that removal was proper based on diversity jurisdiction because Demarest was a California citizen and HSBC was a national banking association considered a citizen of Virginia for diversity jurisdiction purposes.Demarest did not challenge the removal during the trial court proceedings.  However, when the Trust later prevailed on summary judgment, Demarest appealed, asserting for the first time  that an investment trust could only establish diversity jurisdiction by showing that the citizenship of all of its beneficiaries – not just its trustee – was diverse from the plaintiff.Although the Ninth Circuit has ruled for decades that a trust’s citizenship is that of its trustee, Demarest argued that this precedent had been overturned three years ago, when the U.S. Supreme Court considered the case, Americold Realty Trust v. Conagra Foods, Inc., 136 S. Ct. 1012 (2016).  In Americold, the Supreme Court was asked to determine whether diversity jurisdiction existed in a case involving an unincorporated real estate investment trust created under Maryland law, which had brought suit in its own name, as it was authorized to do pursuant to Maryland statute.  The Americold Court concluded that the Maryland trust’s citizenship for diversity jurisdiction purposes was that of the trust’s members rather than its trustees, likening the Maryland trust to a limited partnership or joint-stock company, artificial entities whose citizenship is determined by its members or shareholders.  Id. at 1016-1017.Since Americold, courts determining the citizenship of a trust for purposes of assessing diversity jurisdiction have applied different tests, but typically consider both the identity of the party actually named in the suit, as well as evaluate the type of trust involved.  See, e.g., Bynane v. Bank of New York Mellon for CWMBS, Inc. Asset-Backed Certificates Series 2006-24, 866 F.3d 351, 357 (5th Cir. 2017) (“Where a trustee has been sued or files suit in her own name, the only preliminary question a court must answer is whether the party is an active trustee whose control over the assets held in its name is real and substantial”); Raymond Loubier Irrevocable Tr. v. Loubier, 858 F.3d 719, 722 (2d Cir. 2017) (holding where a party trust was created “from trust agreements establishing only traditional fiduciary relationships” and is not a distinct entity under state law, legal proceedings were properly brought against the trustee and the trustee’s citizenship controlled).  Until Demarest, the Ninth Circuit had not yet weighed in on the issue.  Accordingly, Joan Demarest argued that Americold constituted a “sea change” in how courts determine the citizenship of a trust, and required the Ninth Circuit to find that an investment trust’s citizenship was that of all of its beneficiaries.Had Demarest prevailed in her argument, an investment trust’s ability to remove a case on diversity jurisdiction grounds would have been precluded unless the trust could prove that no beneficiaries of the trust resided in the same state as the borrower – a potentially formidable task, as the beneficiaries of these trusts presumably reside in many states across the country.  The Ninth Circuit rejected the argument, however, finding that the citizenship of an investment trust, sued in its own name, and arising out of a trust agreement containing typical fiduciary powers, is the citizenship of its trustee.The Court’s decision was premised on two separate grounds.  First, the Court distinguished Americold from Demarest on the grounds that the trust in Americold had brought suit in the trust’s own name, as it was allowed to under Maryland law.  In contrast, Demarest had brought suit against “HSBC Bank, N.A.,” itself, naming the Trustee only and not the Trust.  The Demarest Court noted that Americold, as well as other prior Supreme Court precedent, supported the ruling that “when a trustee files a lawsuit or is sued in her own name, her citizenship is all that matters for diversity purposes.”  Demarest, 2019 WL 1510430, at *5 (citing Americold, 136 S. Ct. at 1016; Navarro Savings Assn. v. Lee, 446 U.S. 458, 462-466, 100 S. Ct. 1779 (1980)).Second, the Ninth Circuit distinguished the mortgage-backed investment trust in Demarest from the Maryland investment trust in Americold, finding that the Trust in Demarest was, “under any criteria, properly characterized as a traditional trust.”  2019 WL 1510430, at *5. The Court noted that traditionally a trust was not considered a distinct legal entity capable of suing and being sued, and that the Maryland trust in Americold therefore differed from a traditional trust because it was authorized by statute to sue in its own name.  Further, the Trust Agreement governing the Trust in Demarest indicated that it was a common law trust governed by New York law and provided that HSBC as Trustee had the power to hold the Trust’s assets, sue in its own name, transact the Trust’s business, and engage in other necessary activities.  HSBC as Trustee was therefore the real party in interest for the Trust, given it possessed “certain customary powers to hold, manage, and dispose of assets for the benefit of others.” 2019 WL 1510430, at *5. The Court held that, as the real party in interest, a trustee’s citizenship controlled for purposes of the diversity jurisdiction analysis.In sum, the Demarest Court concluded that Americold was limited in application, and did not upset Ninth Circuit or prior U.S. Supreme Court precedent holding that where a trustee is sued in its own name, or where it is a traditional trust that is sued, the citizenship of the trust remains that of its trustee. Demand Propels Home Prices Upward 2 days ago Governmental Measures Target Expanded Access to Affordable Housing 2 days ago Servicers Navigate the Post-Pandemic World 2 days ago The Best Markets For Residential Property Investors 2 days ago Previous: The Silver Lining: Natural Disasters and Tech Next: Shifting Priorities for Single-Family Zoning The Best Markets For Residential Property Investors 2 days ago Share Save Data Provider Black Knight to Acquire Top of Mind 2 days agocenter_img Tagged with: Diversity Law About Author: Emilie K. Edling A Look at Securitized Trusts and Diversity Jurisdiction Demand Propels Home Prices Upward 2 days ago The Week Ahead: Nearing the Forbearance Exit 2 days ago Diversity Law 2019-06-19 Seth Welborn Related Articles Sign up for DS News Daily Servicers Navigate the Post-Pandemic World 2 days ago Governmental Measures Target Expanded Access to Affordable Housing 2 days ago in Daily Dose, Featured, Investment, News Subscribelast_img read more

Joint venture powers up to spark off Lots Road scheme

first_imgTo access this article REGISTER NOWWould you like print copies, app and digital replica access too? SUBSCRIBE for as little as £5 per week. Would you like to read more?Register for free to finish this article.Sign up now for the following benefits:Four FREE articles of your choice per monthBreaking news, comment and analysis from industry experts as it happensChoose from our portfolio of email newsletterslast_img

Andy Murray faces tricky draw in singles return at Cincinnati Masters

first_imgHaving accepted a wild card into the ATP Masters 1000 event, Murray — a three-time Grand Slam champion — is facing a tough run.Murray will face Richard Gasquet in the opening round and he holds an 8-3 win-loss record over the Frenchman. Related News Serena Williams dominates Naomi Osaka in first meeting since US Open final Andy Murray to make singles return at Cincinnati Masters Andy Murray has been handed a tricky draw for his singles return at the Cincinnati Masters.The former world No. 1 is making his comeback in singles just over six months after undergoing hip resurfacing surgery and having returned in doubles.center_img If the two-time Cincinnati champion can win his opener, Murray will face fourth seed Dominic Thiem, while the Brit is in the same quarter as Alexander Zverev and half as Rafael Nadal.Cincy’s where the magic happens See you in the singles draw, @andy_murray pic.twitter.com/vtHASOcCzK— Western & Southern Open (@CincyTennis) August 9, 2019Murray last played singles at the Australian Open, losing to Roberto Bautista Agut in the first round, and at the time suggested he was facing retirement.However, Murray described his latest operation, which has left him pain-free, as “life-changing” and he is now on the brink of completing a remarkable return to top-level singles action. Last year’s finalists, champion Novak Djokovic and runner-up Roger Federer, are returning to action in Cincinnati for the first time since Wimbledon. Both have first-round byes in the elite 64-player event. Among high-profile U.S. players in the draw, 13th seed John Isner opens against Dusan Lajovic and Frances Tiafoe faces Gael Monfils.last_img read more

Switzerland is a Good Team, We can win with the Support of Our Fans

first_imgMembers of the national football team of BiH arrived yesterday in Zurich, where they will play friendly match against the Switzerland on the 29th of March.Our Dragons are accommodated at the hotel Swissotel.“This is going to be a good test for us for the upcoming matches, especially qualifications that are starting in September. Switzerland is a good team and we can expect a tough match. We can win with the support of our fans,” said the first goalkeeper of BH national football team, Asmir Begovic.Dragons had their first training last night at 6 pm in TC Heerenschurli.(Source: vijesti.ba)last_img read more

Female Little League World Series star Mo’ne Davis proud to pave the way

first_imgMO’NE DAVIS (AP Photo)WILLIAMSPORT, Pa. (Bleacher Report)—On the eve of Philadelphia’s Taney Dragons’ opening game at the 2014 Little League World Series, 13-year-old Mo’ne Davis sat in a quiet wooden dugout on one of the back fields following her team’s latest practice.It’s amazing Taney is even here to begin with, in its first World Series in only its second year of existence since chartering in 2012.We talk about the constant onslaught from the media. “For people that want to take pictures and stuff,” Davis, a South Philly native, explains, “I always say ‘no’ most of the time ’cause I get tired of it…’cause I’m probably just tired at the end of the day.”At the end of this day, she’s just finished long-tossing and taking ground balls for nearly two hours. Cameras are getting packed up into vans. Elbows have stopped leaning on the yellow padding lining the fences.Most kids her age might struggle with the exposure, but Davis finds a silver lining.“I was on Sports Science earlier,” she snaps back. “It was pretty cool.”I ask if they came to Williamsport to talk with her. “I didn’t know I was going to be on. I was playing Ping-Pong and Zion [Spearman, her teammate, sitting in the dugout with us] spotted it. It said: ‘Sports Science with Mo’Ne Davis’…even though they spelled my name wrong” (the ‘N’ is not capitalized).last_img read more

Remembering Calum: A shining star who touched many lives

first_imgA smile, thumbs-up and a mantra that “every day is a good day” were the words and actions that guided the unique life of Letterkenny’s Calum Nugent.Despite living with serious illness and health issues for most of his 25 years, Calum packed in what seemed like several lifetimes worth of wonderful experiences that inspired everyone he met before he sadly passed away in May, 2018.Now, as the first anniversary of his passing approaches, we take a special look at the life of the young man who touched the hearts of so many – from his friends and family, right through to some of the most celebrated stars of sport, screen and music. Indeed, some of these famous names will play a role in hosting a special charity event being held in Letterkenny’s Clanree Hotel on May 3rd next to honour his memory and help raise funds to support the work of the Donegal Hospice and The Friends of Letterkenny University Hospital.Calum was born in London and was the first son of Pauline and Eddie Nugent.They returned to Ireland when Calum was two and resided in Carnamuggagh, Letterkenny, for most of Calum’s life where they are well-known and respected within their community.Calum, parents Pauline and Eddie and friend Kelly McIntyre inBilbao for the European Rugby Championship finals.Pauline and Eddie recall a fun loving, adorable boy who always had a permanent smile on his face and a unique sense of optimism and positivity. While he grew up a healthy young boy, as his development continued his mum Pauline, a nurse, says she began to notice that his movement appeared slightly different to his peers. His gait was slightly different and at times he would require balance assistance when negotiating steps or stairs.At aged six, things escalated quickly when he began to develop headaches and sickness and it became clear that something was not right. A diagnosis revealed he had a significant brain tumour at the back of his head near his brainstem that would require immediate surgery.Pauline explained: “They put him on life support and it looked like there was nothing they could do for him, but, Eddie insisted that he be brought to Dublin immediately. We left in a blue light ambulance.”Eddie adds: “Once he got to Beaumont Hospital I knew he had a chance. There was something we could hold on to.”While doctors battled for up to eight hours in surgery to relieve the huge pressure that had built up inside Calum’s head they encountered complications in the form of a bleed that forced them to halt proceedings with the surgery and he gradually slipped into a coma. Weeks passed and it appeared that while he had not deteriorated further, neither had he gained ground and concerns grew.She said: “He was just lying there and he could not do anything. It was week three going on four and the doctor said that except for the fact he still had a heart beat they would turn the machine off.Eddie said “I don’t believe it. I knew in his eyes that he can hear us’. We went in and said to Calum ‘Show us a sign. We know you can hear us – prove it’. That was when he made the smallest movement and started to squeeze Eddie’s thumb”.Eddie explains: “From there he just built up. The doctors did tests and said they were now getting a reaction from him.” These micro-movements signaled a new hope and they grew from this tiny effort into bigger movements and the slow but steady process of recovery that eventually saw Calum regain much of his movement, speech and ability to walk, was underway.He was taken off life support, had a tracheostomy and he had to be peg fed and after spending 28 weeks and 2 days in the Dublin hospital he was able to return home to Letterkenny hospital just before Christmas and shortly after he returned to his family home.Once he began to recover he returned to family life and by now had siblings Rhys, Jordan and Grace to share life with.Calum and his sister Grace.Calum with his brothers Rhys and Jordan.Over the years of growing up alongside their brother they used to refer to him simply as a “Legend” for the inspiration and positivity he spread to them and everyone else he would meet.Pauline says that’s what Calums life was all about – smiling, inspiring others and enjoying the small things in life like sitting in the garden taking in the sights and sounds of nature or hanging out with his friends for coffee. He left everyone feeling better for time in his company and he motivated and inspired many people by his selfless attitude that never saw him complain or see the negative in anyone or anything.A trait that his family say was rooted in his deep faith and love of life.“He was very wise and he would always say thing to us like, ‘Sure it could be worse’ or he would say things ‘Look at nature. Look at the birds. Everyday is a good day.’“The funny thing was that within the family we never treated Calum like he was sick because he went everywhere with us, on holiday, or to the cinema, for meals. There was never a problem with him always brought happiness and he brought us a lot of luck. Even in the way he would meet people, he just attracted people to him.We enjoyed everyday of life with Calum.” – Pauline“We enjoyed everyday of life with Calum. There was always lots of laughter. He was great craic. I remember once at Christmas time get got his presents of some new Arsenal tops and a new radio and he said ‘Now I’m in my element’. He had so many quirky little sayings. Yet, he never demanded anything or complained about the pain he was in. He never moaned about it. He smiled, he laughed and nobody with him would no there was even anything wrong”.He returned to school and he participated fully in all family events as well as annual trips to see his favourite rugby stars in action in the Heineken Cup finals.Calum with Johnny Sexton.“He was always smiling and he was a great inspiration to us and our other kids. He never complained or gave out. He was amazing. He would say ‘if you have a goal just go for it’”, Eddie says.By age 15 however, the tumour had returned once again and forced him into a position where he had to receive more surgery and hospitalisation and it appeared that against all their best efforts there as little more that could be done to help him at this point.Then, as a last ditch effort, one doctor said the only remaining hope would be to try radium treatment but it may be too late to help.Pauline said: “It was Christmas 2008 and we were told there was no hope and the doctors gave us two weeks. But once they started the radium you could see it was having an effect and it was taking the pressure away from his head. He did really well and after four months they told us that in the doctor’s experience that they felt he had between four months to a year left.”His amazing recovery continued and this episode saw the Nugent family resolve to make the most of whatever time they had left with Calum and to live each day to the maximum.This new attitude set them on a roller coaster ride that saw Calum grow and flourish alongside his family and friends and he continued with his huge passion for sport, art and music and become friends with some of the worlds biggest celebrities along the way.Pauline said “In early 2009 we went ‘Right, that’s it’. Calum just improved and we lived life to the fullest from there on”.A budding DJ with a huge passion for music saw Calum get to meet some of his music idols including U2 stars Bono and The Edge.The U2 guitarist spent time with Calum and his parents right before he was due to walk out on stage to play for a sell-out crowd in Croke Park.Calum with The Edge from U2.On another occasion, at a party hosted by music promoter Denis Desmond, U2’s frontman Bono, having heard Calum was a fan, casually walked over and put his arm around him and said “I’m an aging rock star looking for some love and attention from my number one fan”. He then sat down and enjoyed spending time with the Letterkenny lad and signing a poster for him with the message “God is great and so are you”.“We couldn’t believe it. It was his hero. Calum seems to make wishes come true for everyone. Maybe in some way he may have done it for us. But had a huge interest in all music from classical right through to heavy metal. He just had a great understanding of music,” Eddie says.Calum and BonoAs the months passed Calum also got to meet and befriend Today FM Stars Ian Dempsey and Mario Rosenstock, rugby stars including Johnny Sexton, Rob Kearney and Sean O’Brien, movie actor Jonathan Rhys Meyers and many more. All of whom took a genuine interest in Calum, his positivity and his well-being, Eddie says.He just drew people to him wherever he went and made time for everyone” – EddieCalum with rugby star Rob Kearney.The family pictured with actor Jonathan Rhys Meyers.As time moved on, gradually the illness impacted more and more and while his family knew that his health was in decline, his spirit was as unbreakable as ever.Nothing would prove this more than in the last weeks of his life while receiving care in the Donegal Hospice.Eddie says that he and his son were big rugby fans and each year they enjoyed going on their ‘men only’ rugby trips to the European Championship Cup finals, but by this stage it looked like they may have gone to their last game together.While they had plans to attend the 2018 finals in North Spain between Leinster and French club Racing 92, while in the hospice Calum slipped into a coma but miraculously, he re-emerged from this unscathed and confidently proclaimed to his family that they would make it to Bilbao and they would see their heroes take to the field once again.While it seemed impossible initially that they could make the trip to Spain, with the right help and support from their friends they self-discharged from the hospice and managed to bring all the required medication and equipment needed for Calum and off they jetted to the Basque city.Calum in BilbaoDuring the journey Calum maintained his trademark smile, upbeat humour and positive vibes throughout. His inspirational journey was matched by the heroics on the field of play as they got to watch Leinster claim a historic victory in the final creating special memories of one of the best trips they had ever undertaken.On their return he re-entered the hospice and a short time later, once again, he slipped into a coma. But, in the true fighting spirit he showed throughout his life he amazed everyone once again to re-emerge one last time.During his life his siblings coined a new nickname for their hero brother – Lazarus – for the way Calum had come back from the brink so many times in his life and once again his spirit was not diminished.Pauline feels that this was his special way of preparing for his final journey and saying a final farewell to the family he loved so dearly before he peacefully passed away on May 19, 2018. He was 25 years old.Remembering Calum, Pauline says: “He left his mark on so many people and he was the happiest person I have ever known. Calum had an infectious smile, gave unconditional love and never judged. He had a great sense of humour and was known as a legend by his siblings.”Against all odds he never gave up” – PaulineAs in his life, Calum continues to inspire in his passing and his life has been the motivation for a special charity night planned by his family that will feature two of his well-known friends radio and television stars Ian Dempsey and Gift Grub’s Mario Rosenstock who are coming to host a special charity night in the Clanree Hotel on Friday May 3rd.Calum pictured with his friends Ian Dempsey and Mario Rosenstock whowill perform a special show in his honour in Letterkenny on May 3rd.It promises to be a special night with lots of memories, laughs, prizes and a few surprises with all the proceeds going to Donegal Hospice and Friends of Letterkenny University Hospital for new medical equipment.Speaking on his popular breakfast show on Today FM recently Ian said “A friend of ours, Calum Nugent is his name, unfortunately he passed away at a very young age of 25 last year and myself and Mario became good friends with him and he used to come to all the stage shows and also used to come and visit us here in Marconi House.“Well, we were asked to put on a show so we are doing a very special show with myself and Mario, in memory of Calum, in the Clanree Hotel in Letterkenny on Friday May 3rd, 2019 and starting at 8pm and it is only 20 quid to get in and we are all doing this for nothing with the money going to the Donegal Hospice and the Friends of Letterkenny University Hospital because they gave him such great care when he was, unfortunately, near the end of his life.”He said on the night people can expect lots of laughs, lots of fun and lots of interaction and all for two very worthy causes. There is also a host of great prizes to be won on the night.You can get tickets directly from The Clanree Hotel, at The Donegal Hospice and through the Friends of Letterkenny University Hospital priced €20.Remembering Calum: A shining star who touched many lives was last modified: May 1st, 2019 by Staff WriterShare this:Click to share on Facebook (Opens in new window)Click to share on Twitter (Opens in new window)Click to share on LinkedIn (Opens in new window)Click to share on Reddit (Opens in new window)Click to share on Pocket (Opens in new window)Click to share on Telegram (Opens in new window)Click to share on WhatsApp (Opens in new window)Click to share on Skype (Opens in new window)Click to print (Opens in new window)last_img read more

Mailbag: did the Erik Karlsson trade set the bar too high for the Sharks?

first_imgCHICAGO — With just five games remaining before the Christmas break, the Sharks appear to be turning the corner.They’ve won five of six games, Erik Karlsson is playing his best hockey as a Shark and the goalies have produced a .932 save percentage since Dec. 2.Meanwhile, the Pacific Division is finally heating up after a dismal showing over the first two months of the season. The Calgary Flames are leading the way, trailing the Winnipeg Jets by just two points for first place in the Western …last_img read more

A’s discover that Angels’ offensive healing makes a big difference

first_imgANAHEIM — The Oakland A’s saw for themselves just how much deeper the Los Angeles Angels have become in their batting order since they last met three weeks ago.The A’s dropped the opener of the four-game series against the Angels on Thursday night, falling behind early in the 8-3 loss at Angel Stadium, and finding few answers against Griffin Canning in their third meeting in less than a month against the rookie right-hander.Four-time Gold Glove shortstop Andrelton Simmons returned to the …last_img read more

Darwinism Produces Sociopathic Ideologies

first_imgLook at what some evolutionists are saying about the implications of their theory for human society.Racist genes: Here’s a provocative title from National Geographic: “Are there genes for intelligence, and is it racist to ask?” Racism is surely one of the most divisive social problems in America and many parts of the world. Creationists do not deny differences in IQ, but believe all humans are “created equal” and have intrinsic dignity because they are souls made in God’s image; they are more than their genes. To an evolutionist, all traits are genetic and follow ancestral lineages. In her article on genetic editing and the search for “intelligence genes,” author Robin Henig tiptoes about the implications, not wanting to resuscitate two specters of the past: “the work could support racist notions of biological differences, and that it could make those designer smart babies a reality.”That’s why scientists are now being called upon to consider whether it’s ethical to study the genetics of intelligence. Researchers should think about “limits we should place or steps we can take to be sure we don’t repeat historical errors,” such as forced sterilization of the “feeble-minded” in the early 20th century, said Mildred Solomon, president of the Hastings Center, a bioethics think tank.In early December, the Hastings Center gathered a small group of scholars and ethicists in New York City to discuss the future of intelligence research. Earlier in the week, a more international gathering had debated the ethics of editing human genes—and both groups wondered whether some studies could lead so directly to dangerous applications that they shouldn’t even be done in the first place.Henig forgot to mention that the “historical errors” were committed by evolutionists following Darwin and his half-cousin, Francis Galton, the father of eugenics. Forced sterilizations that followed were direct results of eugenics, as documented by John West in Darwin Day in America. A sequence at the end of Ben Stein’s 2008 documentary Expelled shows a museum curator at the infamous Hadamar prison stating that the ten thousands of murders of mentally retarded that occurred there, including of children, were based on Darwinism.Evolutionary suicide: Another provocative title is found on Science Daily: “Is suicide a tragic variant of an evolutionarily adaptive set of behaviors?” The implication is that if some animals do it, humans (as just another evolved animal) do it, too, because of evolution. The article considers the opinions of an evolutionary psychologist who offers “a framework in which suicide is viewed as a tragic variant of what typically serves as an adaptive tendency towards self-sacrifice among humans.” The word adaptive is code for what natural selection produces by blind, unguided evolutionary processes.Evolutionary free ride: Another paper on the “evolution of cooperation” has appeared in PNAS. It offers a new twist on the assumptions going into evolutionary game theory, but it still sees cooperators and selfish free-riders as products of natural forces. If free-riding is just an adaptation, it’s not really wrong.The mind in the brain: One of the most serious divides between theists and materialists concerns mind-body dualism. Most readers will remember the heart-wrenching case of Terry Schiavo, considered to be in a “persistent vegetative state” (PVS) and therefore not really a person deserving full rights. Consequently, judges allowed her to be starved to death by removal of her feeding tube against the earnest pleas of her parents, to fulfill her husband’s wish. New experiments will send shivers up the spine of those considering Terry’s possible unspoken anguish during her final painful days. New Scientist offers evidence that some people classified as PVS can work out math problems in their head. “Maths helps ‘locked-in’ pair show awareness for first time,” Helen Thomson reports. Patients were shown a math problem while brain activity was monitored.Two of six participants diagnosed as being in a vegetative state, one of three people in a minimally conscious state and two people who had recently emerged from a minimally conscious state were able to correctly communicate their answers to the sums with accuracies that could not have occurred by chance.If Schiavo and others let die because of PVS had been tested with this method, would the judges have ruled differently?Biblical creation is the only worldview that supplies dignity to the individual and true morality to society. Abandon it for amoral evolution at your own risk. See the Moral Argument for God in a short video by William Lane Craig on YouTube.(Visited 65 times, 1 visits today)FacebookTwitterPinterestSave分享0last_img read more

Climate Science Underestimates Natural Sources of Warming

first_imgScientists discover two more potent sources of greenhouse gases, both of which have nothing to do with human activity.When you build a model for something as large and complex as the earth’s biosphere, how can you be sure you have accounted for all the pertinent factors? Climate modelers, along with Darwinians, have the distinction of being among the most dogmatic of all scientists, and yet we have repeatedly shown factors (reported in the secular news) where they have goofed. Here are two more.Masses of methane from mud volcanoes (Phys.org). Methane (CH4) is one of the most potent greenhouse gases, far more potent than the carbon dioxide (CO2) that civilization has been taught to worry about. The Helmholtz Association of German Research Centres has just uncovered evidence that methane is pouring out of tectonic plate margins. Human activity has nothing to do with what goes on down there.In the seabed, there are numerous microorganisms that play an important role in the global carbon cycle. Until now, however, it has not been understood to what extent geodynamic processes such as the subduction of oceanic plates influence this microbial activity and, in turn, impact the carbon balance. A study carried out by an international team of researchers, including scientists from the GFZ German Research Centre for Geosciences, now provides new evidence. They drilled down to a depth of 200 meters into an underwater mud volcano. Based on the recovered samples, they found that the microorganisms in the sediment are extremely active and form about 90 percent of the methane released from that depth. Apparently, the role of mud volcanoes in the global methane cycle has been significantly underestimated, the authors now conclude.Is this just a small anomaly they found at one site? Probably not, according to the report. The impact on climate models could be substantial:The results show that 90 percent of the methane was produced by microorganisms; only a small part was formed at great depth through chemical processes alone. Obviously, the microbes are fed by fluids pressed through the powerful sediments after subduction. “If these mud volcanoes are not completely unique in the world, and there’s no indication at all for this, then the role of mud volcanoes in the global methane cycle has been massively underestimated,” says Kallmeyer. “Furthermore, the study shows that indicators for the formation processes of methane—biological or chemical to date—do not work in the investigated mud volcano. If this applies to others, then the global models on the origin of atmospheric methane need to be rethought.”Who will rethink it? How soon will the climate models that Big Science uses to threaten world governments change to correct for this “underestimate” of a major greenhouse gas? How long will humans be blamed for something they didn’t do?For more on greenhouse gases at deep sea vents, see another paper by McNichol et al. on PNAS, “Primary productivity below the seafloor at deep-sea hot springs.”Dry riverbeds are contributing to climate change more than previously thought (Science Daily), based on an article from James Cook University, “When the river runs high: A massive world-wide study of dry riverbeds has found they’re contributing more carbon emissions than previously thought, and this could help scientists better understand how to fight climate change.” A big international study should put egg on the face of spokespersons for the climate science consensus.Dr Nathan Waltham from the Tropical Water and Aquatic Eco-systems Research Centre (TropWATER) and James Cook University in Australia, joined scientists from 22 other countries who looked at 212 dry riverbeds on every continent on earth.He said the contribution of intermittent rivers and streams to the process of carbon cycling — the process by which carbon is circulated around the ecosystem — is largely ignored.Who ignored this? Climate scientists, who didn’t think to measure this factor before. When you stop ignoring it and take it into account, it’s a large factor, this study concludes. Intermittent rivers dominate the landscape in many regions, although they have been “far less studied” the perennial streams, and yet they comprise half of the world’s stream networks. Decomposition of leaf litter during wet seasons contributes a large amount to carbon dioxide emissions, the scientists found. This factor, again, has been going on for millennia without humans being at fault.“We believe that a single pulse of CO2 emission upon litter rewetting contributes up to 10% of the daily CO2 emission compared to perennial rivers and streams, particularly in temperate climates. What this means is that the contributions of intermittent rivers and streams should be included in global carbon-cycling assessments,” said Dr Waltham.The scientists found that aridity, surrounding vegetation, channel width and dry-phase duration explained most variability in the quantity and decomposability of plant litter.He said that the new data shows the contribution of CO2 from intermittent rivers and streams is higher than previously thought.Consensus Is Often More Powerful than FactsWhat’s alarming about these two reports is that they represent unknowns only just now brought to light. How many “unknown unknowns” remain out there, “largely ignored” by climate consensus?The main question to keep in mind about global warming is, How much are humans causing it? The two factors here, reported in the secular pro-consensus news, have uncovered data that climate modelers either didn’t think about or have “largely ignored.” Climate scientists might continue ignoring these factors unless someone hands the leaders of the consensus these reports and insists that the models be recalculated with the new information. Who will make that happen? There is no guarantee that new information will make it into revisions. Nature just published a letter by three scientists about the problem of zombie papers that are wrong but keep getting cited: “Exorcising citations to the ‘living dead’ from the literature.” Hundreds—perhaps thousands—of papers about greenhouse gases are unlikely to be corrected by these new findings, but will continue to be cited.The certainty about anthropogenic global warming has become fossilized into memes and reports that have already influenced world governments meeting at international conferences in Paris and other cities. None of the consensus promoters are likely to say, “Whoops, we were wrong!” and tear up the recommendations. There’s too much momentum behind the consensus.An example of pro-consensus bias, reported by pro-warming secular reporters, can be seen in Ross Pomeroy’s article, written for RealClearScience and re-posted on Space.com: “Trump’s NASA Chief Changed His Mind on Climate Change. He Is a Scientific Hero.” It’s about how Jim Bridenstine, Trump’s pick for NASA Administrator and a former climate skeptic, kowtowed to the consensus. Now that he agrees humans are responsible for global warming, Big Science no longer has to label him with the black hat of “climate denier.” Now that he has repented, they congratulate his courage for leaving the company of conservative climate skeptics. They are especially pleased he will no longer be threatening NASA funding for more consensus studies. Why did Bridenstine change his views? “I heard a lot of experts, and I read a lot,” he says. Depending on the experts, and the reading material, one could arrive at opposite conclusions. Doubtless, Bridenstine was not handed these two new studies.Update 6/20/18: In another example of dogmatic overconfidence, Phys.org published a piece, “James Hansen wishes he wasn’t so right about global warming.” One of the heroes of the climate consensus, James Hansen is portrayed as ultimately vindicated by sounding the alarm 30 years ago. Does writer Seth Borenstein allow room for any dispute over the data? “James Hansen wishes he was wrong. He wasn’t.” Phys.org published a second piece to celebrate the 30th anniversary of global warming, “AP Was There: The age of climate change begins.” No one would know from reading such articles that there is any controversy at all.Once again, we need to state that CEH does not take a position on global warming. Reports like this, however, reveal the uncanny resemblance to the behavior of Darwin Party ‘experts’ who cannot tolerate debate. We’ve seen Darwinian evolution take nuclear blasts to its web of belief, and yet the repairmen go to work and put it back together as if nothing happened (see a recent case with W. Ford Doolittle’s expose of natural selection, followed by his re-imagining it in mystical terms). How leading experts can perpetuate myths.Science reporters are also overly optimistic about the myth that science is ‘self-correcting,’ as in this essay by Marilyn Marchione on Phys.org, “Science Says: What happens when researchers make mistakes.” (Any time a reporter says ‘Science Says:’, watch out! You’re being snookered by a bandwagon argument, an  argument from authority, or both.) Marchione whitewashes the problem of fraud and error in science, making it seem like it’s not a big problem to begin with, and errors tend to be corrected rapidly. Not so. Read the last chapter of Jerry Bergman’s excellent new book, Evolution’s Blunders, Frauds and Fallacies, where he challenges the myth that science is self-correcting. He cites numerous experts and their statistics to show that fraud, misconduct and mistakes are huge problems, always have been, and scientists know it. This is after he has documented a dozen huge blunders that fooled the world’s leading scientists for decades or more! Is climate change a recent example? Darwinism sure seems vulnerable for a major collapse: that is, if we can just weaken the intolerant dogmatism of its totalitarian defenders. (Visited 449 times, 1 visits today)FacebookTwitterPinterestSave分享0last_img read more