The Litvak Legacy

California’s state government is still scrambling to solve California’s most critical problem: water.  Recently, a new water package was introduced into the state senate.  Several environmental groups authored a letter to two of the senators, thanking them for their support of the package and clearly stating their positions on a variety of issues.  They hint that without these positions included in the water bill they will throw their support against it.  Here are some of those positions and how they are affecting California’s water emergency.

The first position is in regard to “[t]he groundwater monitoring program, which is a very modest approach, particularly when compared to groundwater regulation throughout other western states such as Idaho and Texas.”  Texas groundwater law is jokingly referred to as “law of the biggest pump”.  Basically all groundwater is considered property of the owner and allowed to be pumped out however he chooses, for sale or his personal use, without regard to neighboring wells.  However there are some limitations set to help landowners conserve water, including groundwater.  California uses as much as forty percent groundwater during years of extreme drought like the ones they are facing now, so it only makes sense to monitor groundwater to ensure it is not being depleted by increased use.

Next is “[s]ubstantially increased enforcement capacity at the State Board to address the pernicious problem of illegal diversions and permit violations, including the ability of the Board to address particularly egregious problems expeditiously and effectively without having to rely entirely on the courts.”  In order to gain the support of more moderate politicians, the penalties for water thieves will have to be toned down quite a bit as there are only a handful of politicians who currently support harsh penalties.  Water stealing is big business in California; over seventy-three million dollars worth of water has been stolen just this past year.

Since the Sacramento-San Joaquin Delta estuary provides water to around two-thirds of California’s citizens, its environmental health is a major concern.  The letter recommended, “[p]rovisions to require the State Board to develop public trust flow determinations which are the foundation of any meaningful effort to restore and sustain the Delta estuary and our salmon fisheries…[and] a Delta Stewardship Council with balanced membership between gubernatorial and legislative appointees with staggered terms.”  The basic idea behind the Delta Stewardship Council is a planning agency that has enough authority to enforce regulations and penalties for water violations.  It will be able to order a water project, even one of the state projects, to “cease and desist” if it feels their actions are harming the Delta.

What is a BSD Unix?

BSD family of Unix systems is based upon the source code of real Unix developed in Bell Labs, which was later purchased by the University of California – “Berkeley Software Distribution”. The contemporary BSD systems stand on the source code that was released in the beginning of 1990′s (Net/2 Lite and 386/BSD release).

BSD is behind the philosophy of TCP/IP networking and the Internet thereof; it is a developed Unix system with advanced features. Except for proprietary BSD/OS, the development of which was discontinued, there are currently four BSD systems available: FreeBSD, NetBSD, OpenBSD and Mac OS X, which is derived from FreeBSD. There are also various forks of these, like PC-BSD – a FreeBSD clone, or MirOS, an OpenBSD clone. The intention of such forks is to include various characteristics missing in the above BSD systems, on which these (forks), no matter how well they are designed, only strongly depend. PC-BSD, for example, has more graphical features than FreeBSD, but there are no substantial differences between these two. PC-BSD cannot breathe without FreeBSD; FreeBSD or OpenBSD are independent of one another.

What is Linux?

Albeit users like to use the term “Linux” for any Linux distro including its packages (Red Hat Linux, Mandrake Linux, etc.), for IT professionals Linux is only the kernel. Linux started in 1991, when its author, Linus Torvals, began his work on a free replacement of Minix. Developers of quite a few Linux system utilities used the source code from BSD, as both these systems started parallelly in about the same time (1992-1993) as Open Source.

Today, there are a few, if not many developers of their own kernels/operating systems (FreeDOS, Agnix, ReactOS, Inferno, etc.), but these guys simply missed the right train in the right hour. They did not lose anything except for the fact that they may be even better programmers, but without the public opinion acknowledging this at large. Linus built his fame also from work of many developers and he went on board in the right time. Linus deserves a credit as a software idea policy maker and he helped very much in this respect.

(Open)BSD vs Linux

It is often difficult to say what is better if you compare two things without regarding the purpose of their use. Mobile Internet may appear better for someone who travels often, but for people working at home such mobility is not necessary. In this view, it is a stupid question when someone asks: “What is better, a mobile or static Internet?” It all depends…

If you compare Linux and OpenBSD in their desktop environment features, Linux offers more applications than OpenBSD; but in a server solution BSD systems are known to be robust, more stable and secure, and without so many patches distributors release soon after their new version of Linux slithered to light.

BSD systems are based upon real Unix source code contrary to Linux, which was developed from scratch (kernel).

Differences between BSD and Linux

1) BSD license allows users/companies to modify a program’s source code and not to release changes to the public. In other words, BSD licenses allow commercial use and incorporation of a code into proprietary commercial products. This is how Microsoft incorporated BSD networking into their products and how Mac OS X earns money through muscles of FreeBSD.

Linux uses GPL license for most of the time (applications in Linux can also have a BSD license – or any license; it is up to developers how they decide). With a GPL-licensed program anybody can change the source code, but he or she MUST share it with the Open Source community to make sure that everybody will benefit from such a change.

2) BSD has the so-called “core system” (without packages). The core system consists of basic utilities (like ssh, fdisk, various commands like chmod or sysctl, manual pages, etc.) and anything beyond this is strictly seen as an add-on. Linux (not only the kernel, of course) is usually packaged as the whole system where this difference is not seen.

3) On BSD systems, all add-on packages are strictly installed into the /usr/local directory: documents to user/local/share/docs/application_name; themes and other things to /usr/local/share/application_name; binaries to /usr/local/bin/application_name. By application_name we mean a program’s name, so if you install IceWM, for example, its binary will be here: /usr/local/bin/icewm. With Linux, on the other hand, all applications get mostly installed into the /usr/bin directory.

4) BSD systems use the system of “ports”, which are fingerprints of applications in the /usr/ports directory, where a user may “cd” and execute a make command, which will download, via a directive contained in such a fingerprint’s code, the application’s source and the system will compile it as well. “Ports” are actually add-on packages for BSD systems and they are also packaged in packages repository of a concrete BSD system. They can be installed as binaries, too, with use of the “pkg_add” either directly from the Internet or locally. But “ports” have that advantage that if an author of any package makes a new version, a user can immediately get its newest/updated version. Packages released for a particular BSD version (like OpenBSD 4.1) are not updated and users have to wait for a new BSD release (like OpenBSD 4.2).

5) BSD systems have also their stable version. With FreeBSD, for example, you have a FreeBSD-Release (a version that can be used normally), FreeBSD-Stable (system more profoundly audited for bugs and security holes), and a development version – Current, which is not stable and not recommended for a regular use. Some Linux distributions started to imitate this philosophy, but with BSD systems this way of making distributions has become a rule.

6) Of course, the kernel is absolutely different.

7) BSD has FFS file system; it is the only file system on BSD’s contrary to Linux, where you can use dozens of file systems like ext2, ext3, ReiserFS, XFS, etc.

BSD systems divide their partitions internally. This means that after installing a BSD system to a hard disk, programs like fdisk, Partition Magic, Norton Ghost and many others will not see this internal division of a BSD (FFS) disk; thus, repartitioning of a disk is not such a pain when administrators require a rigorous partitioning (for /home, /tmp, /var, /etc directories). As a consequence, the naming convention also differs a little: a disk – /dev/ad0s3b in FreeBSD indicates that you deal with “slice” 3 (“s3″), which is the equivalent of Linux /dev/hda3; the internal “partition” has the name of a letter: “a”, “b”, “e”, etc. (“b” is a swap partition). BSD systems also use different naming conventions for devices (disks, etc.).

9) Unless you make a good kernel hack, BSD systems can only be installed into the primary partition. This is not the rule with Linux. However, as BSD systems offer the above-mentioned internal division of partitions, this is not any pain. PC architecture for disks (IDE) follows the rule that you can have only four primary partitions. We will illustrate this on Linux: /dev/hda1 (note: first partition on master disk on first IDE channel), /dev/hda2 (second partition), /dev/hda3 (third partition), /dev/hda4 (fourth partition). PC architecture allows creation of the so-called logical disk on a physical disk (/dev/hda5, /dev/hda6, etc.). You can have as many logical disks/partitions as you wish and you can also install Linux into these “logical disks”. On the other hand, installing a BSD OS into such a “logical partition” is not normally possible.

10) System configuration is manual for most of the time, but various clones like PC-BSD break this convention. The manual approach is a very good thing, as administrators have everything under control without being pushed to waste time in a labyrinth of bloated configuration menus. A good comparison is to imagine a car mechanic repairing the car’s engine c
overed by a thick blanket. To give you even a little better example – you will hardly find a Linux distro that does not have a default X startup (graphical environment). Of course, you can switch off the X environment during the installation configuration, but if you keep forgetting like me and forget to switch this off, or you have difficulties to find it in the menu somewhere, you realize that most Linux distributors do indeed impose on us only one approach – to put our fingers first on the thick blanket, then on the engine. If you are a good administrator, you do not usually trust vendors who program you how to use Linux – you are the boss and you must have your own freedom. However, in most cases you lose few hours instead by deactivating various services, which are, unfortunately, not even necessary but almost always activated by default. Linux is praised both for being a good desktop and server, but administrators of a good server do not need X. The more software is stored on your hard disk, the more security problems you will face, because it is impossible to audit every package in every unthinkable situation. Good and secure systems are always tight, light and simple.

11) All BSD systems have a Linux emulation support. Running BSD binaries on Linux is a little harder.

12) BSD systems have less support from driver vendors, thus they lag behind in this view (they are not worse, but many vendors support only Microsoft and Linux). With a BSD system you must carefully research the Internet for supported products/chipsets before purchasing any hardware.

13) BSD systems do not use the Unix System V “runlevel scripts” (initialization startup scripts) like Linux.

14) BSD kernels can be set to several security levels. This is also possible with Linux, but BSD’s have taken a very good care of this kernel-tuning feature, which makes it even impossible to change something in files in higher security levels – you cannot delete them.

15) BSD’s have everything under one ROOF. Various Linux programs are often not even compatible with other Linuces. For example, if you install a SuSE RPM package on Mandrake, it may not work. BSD’s have one solid crown of power. If you move from Linux to FreeBSD, you will soon find out that you got out of this chaos. Do you want a package? Just visit: http://www.freebsd.org/ports/ and download it. Unless its developer made some programming errors, it will always work.

16) Generally, BSD systems boot and reboot faster than Linux. Linux can do this, too, but it must be tuned. It is very surprising that Linux is shipped, on the one hand, on huge DVD’s and, on the other hand, it has a compressed kernel. BSD systems do not use (but they can) a default kernel that is compressed, thus the system boots always faster. As I mentioned earlier in this article, Linux vendors program users to use various, often unnecessary services. I do not need SAMBA (file and print services) and many other things as well. Linux reboot process takes longer because various services running on Linux need time for deactivation. Many Linux users do not even know what is the purpose of these services.

17) In comparison to BSD, most Linux distributions are overbloated. Few good users noticed this some time ago and a new trend in the Linux world started with ideas to get closer to a BSD-style use. One of such distributions is Gentoo Linux, but also Slackware Linux, which has preserved a very good shape since its first release (1993). The Gentoo “About” page (http://www.gentoo.org) says that, “Gentoo is a free operating system based on either Linux or FreeBSD…” Therefore, if you use Slackware or Gentoo, these Linuces will always reboot faster than any other Linux.

18) If you compile programs from ports, you will not stumble into compilation errors. BSD packagers prepare their packages carefully, so that users will always compile them successfully. This does not always happen with Linux.

Conclusion

I am the author of One Floppy CD Audio and MP3 Player, and a single floppy OpenBSD router. I really like all BSD systems. If you are interested, look into FreeBSD documentation, which is one of the best. It will give you a very good overview of history and hard work done in the development of these robust systems. Today, BSD Unices are the only quality alternative to Linux in the Open Source world.

Copyright (c) Juraj Sipos

Author’s website about FreeBSD and OpenBSD

To be successful in the workplace, employees have to possess transferable skills. Knowing about these skills will help teens and adults prepare to be successful in the workplace. Transferable skills are a product of our talents, traits and knowledge. These skills determine how you respond to new activities, work situations or jobs.

Transferable skills are non-job specific skills that you have acquired during any activity or life experiences. Student activities and experiences include campus and community activities, class projects, and assignments, hobbies, athletic activities, internships and summer part-time jobs.

Transferable skills fall into three (3) groups: Working with people, working with things, and working with data/information. These terms are defined below:

Working with people skills happen when people sell, train, advise, and negotiate.

Working with things skills occur when people repair, operate machinery, sketch, survey, or troubleshoot.

Working with data/information skills involve budgeting, researching, and analyzing.

The Secretary’s Commission on Achieving Necessary Skills (SCANS) is a model for transferable skills resources and web sites. In 1990, a commission of schools, government, unions, and corporations developed five SCAN competencies and three SCAN foundation skills. The Five Competencies are: Resources, information, interpersonal, systems, and technology.

The meanings of the competencies are:

Resources competencies describe the allocation of time, money, material resources, facility resources, and human resources.

Information competencies involve acquiring, evaluating, organizing, maintaining, interpreting, communicating and processing information.

Interpersonal competencies include team participation, teaching, customer services, leadership, negotiation, and cultural diversity.

Systems competencies work with understanding systems, performance monitoring, and systems designs.

Technology competencies involve the selection, application, maintenance, and troubleshooting of technology.

Besides competencies, there are three (3) Foundation Skills: Basic, thinking, and personal qualities. The terms are explained below.

Basic skills involve reading, writing, arithmetic, mathematics, listening, and speaking.

Thinking skills include creative thinking, decision making, problem solving, seeing things in the mind’s eye, knowing how to learn, and reasoning.

Personal qualities are responsibility, self esteem, sociability, self-management, and integrity/honesty

Universities and professional organizations, such as California State University, Rochester Institute of Technology, Carnegie Mellon University, Quintessential Careers, and the National Association of Colleges and Employers (NACE) agree these transferable skills are important. These organizations have created transferable skills surveys, exercises, and web sites.

The National Association of Colleges and Employers (NACE) is a professional association connects more than 5,200 college career services professionals at nearly 2,000 college and universities nationwide, and more than 3,000 HR/staffing professionals focused on college relations and recruiting. NACE has compiled the twenty (20) top personal qualities/skills that employers requested the most:

1. Analytical skills

2. Communication Skills

3. Computer skills

4. Creativity

5. Detail-oriented

6. Entrepreneurial skills/risk-taker

7. Flexibility/adaptability

8. Friendly/outgoing personality

9. Honesty/integrity

10. Interpersonal skills (relates well to others)

11. Leadership and management skills

12. Motivation/initiative

13. Organizational and time management skills

14. Real Life Experiences

15. Self-confidence

16. Strong work ethic

17. Tactfulness

18. Teamwork skills (works well with others)

19. Technical Skills

20. Well-mannered/polite

Communication skills are the most popular skills listed on the web sites. Communication deals with speaking effectively, writing concisely, listening attentively, and other abilities that result in the expression, transmission and interpretation of knowledge and ideas. Communication skills help you communicate what you know. Examples of communication skills include:

Collaborating

Forecasting

Negotiating

Projecting

Publicized

Selling ideas, products or services

Speaking

Translating

Writing

Communication skills are involved in the other skills, such as organizational management, human relations, program administration, research & planning. Organization, management, leadership, and human relations skills are the ability to supervise, direct and guide individuals and groups in the completion of tasks and fulfillment of goals. Organization, management and leadership skills consist of:

Making decisions

Assuming and delegating responsibility

Organizing people and tasks

Negotiating agreements

Management and administrative skills organize and coordinate people, projects and events. As a manager, you handle multiple tasks, set priorities, and adapt to changing conditions and work assignments. As leaders, you use skills to motivate individuals and groups to assess, perform, set goals, evaluate, and follow through situations effectively.

Managers and leaders use human relations skills. Human relations, interpersonal, or people skills, develop rapport, negotiate, and help people overcome their differences.

In addition to human relations skills, managers and leaders need planning and reasoning skills. Program administration, research and planning are essential when you gather information, analyze data, present ideas, and generate solutions.

Analyzing, planning, and reasoning skills are used in the field of research. Research skills help you search for specific knowledge, determine future needs, investigate and record findings, find answers, and evaluate strategies.

Besides planning and reasoning skills, problem solving and creativity activities involve the ability to find solutions to problems using experiences, information, and available resources. Problem solving and goal setting involve assessing a situation, gathering information, identifying key issues, anticipating problems, and generating multiple solutions.

Transferable skills are also called Soft Skills. Simon Fraser University, a leader in management education, lists the ten (10) Soft Skills:

1. Adaptability

2. Communication

3. Dedication

4. Dependability

5. Energy

6. Flexibility

7. Hard-working

8. Honesty

9. Integrity

10. Leadership

There are free surveys, activities, and exercises that help identify your transferable skills. Examples of resources include:

Identify Transferable Skills Exercise

Identifying Transferable Skills in Career Planning

Identify Your Transferable Skills Survey

Transferable Skills Checklist

Transferable Skills Exercise

Transferable Skills Guidebook

Transferable Skills Survey

Resources:

Binghamton University, State University of New York, Career Development Center, LSG 500, PO Box 6000, Binghamton, New York, 13902-6000, 607-777-2400

Career Center California State University, Chico Chico, CA 95929-0700, (530) 898-5253

Career Center, Student Affairs, Carnegie Mellon University 5000 Forbes Avenue, Pittsburgh, PA 15213

Identify Transferable Skills Exercise. Career Development Services, A Division of Undergraduate Studies, Auburn University, 303 Mary Martin Hall, Auburn, Alabama 36849, (334) 844:4744

Identifying Transferable Skills in Career Plann
ing. William E. Simon Graduate School of Business Administration, University of Rochester, Rochester, NY 14627:0107

Identify Your Transferable Skills. Career Center University of South Carolina H. WILLIAM CLOSE (BA) BLDG., 6th FL.

Job Outlook 2007, What employers want (and you need to have), National Association of Colleges and Employers, 62 Highland Avenue, Bethlehem, PA 18017-9085, 800/544-5272

Quintessential Careers, DeLand, FL 32720

Rochester Institute of Technology, Office of Cooperative Education and Career Services, 57 Lomb Memorial Drive, Rochester, NY 14623, 585.475.2301

Transferable Skills Checklist. Missouri State University, Career Center, Carrington 309, Glass 103, 901 S. National, Springfield, Missouri 65897, 877:836:JOBS

Transferable Skills Exercise. Wisconsin Job Center, 201 E. Washington Avenue, Madison WI 53702

Transferable Skills Guidebook. Simon Fraser University (SFU) BUSINESS, Career Management Centre, 2361, 8888 University Drive, Burnaby, British Columbia, Canada, V5A 1S6

Transferable Skills Survey. Career Services, University of Minnesota Duluth, 22 Solon Campus Center, 1117 University Drive, Duluth, MN 55812:3000

University of Alabama Career Center, 330 Ferguson, 205:348:5848

USC Career Planning & Placement Center, 3601 Trousdale Parkway, Student Union 110, Los Angeles, CA 90089:4897, (213) 740:9111

NOTE: THE ARTICLE APPEARING BELOW WAS COPIED ON  22 JUNE 2009 BY http://www.cityadministrator.org/?p=397 WITHOUT MY PERMISSION AND WITHOUT CITING THIS AUTHOR. The blog is hosted by GoDaddy and registrant



Registrant Name:Joseph R Smith

Registrant Organization:FloridaView Media LLC

Baltimore City Department of Social Services v Bouknight,

488 U.S. 1301 (1988)

A three month old infant was admitted for treatment in a hospital. It became apparent that the mother, Jackie Bouknight may have maltreated the infant. Consequently, the Department of Social Services (DSS) petitioned the Court to declare the child as a “child in need of assistance” and grant it the power to put the child under foster care (Baltimore City Department of Social Services v Bouknight, 488 U.S. 1301 (1988). The Court granted relief and it was agreed upon by the parties that Bouknight shall have the custody of the child subject to the conditions of supervised parenting and an undertaking of non-infliction of bodily harm and punishment on the child. At first, Bouknight complied with the conditions but later on she became uncooperative and refused to produce her son to the DSS.

The DSS in fear for the safety and well being of the child filed a case before the Court to compel Bouknight to produce her son. She failed to appear before the Court but was later on arrested. On her refusal to disclose the whereabouts of her son, she was found guilty of contempt and was ordered to be incarcerated until compliance with the order [In re Maurice, No. 50 (Dec. 19, 1988). 314 Md. 391, 550 A.2d 1135].

On certiorari, the Court of Appeals of Maryland ruled that the incarceration of Bouknight was an infringement of her Fifth Amendment right against self incrimination. According to the Court, the production of the son is testimonial in nature because by doing so, it only proves Bouknight’s “continuing control” over her son which may be utilized in a criminal proceeding. It ruled that there are acts of production deemed to have testimonial value citing the case of U.S. vs. Doe (Baltimore City Department of Social Services v Bouknight, 488 U.S. 1301 (1988).

The U.S. Supreme Court granted the stay of DSS pending the filing of the requisite petition for certiorari. The grant of stay was based on the fact that even assuming that the act of production of the child is testimonial in character, many line of decisions of the Court are clear that as between the public need vis-à-vis a single claim of an individual on constitutional privilege, the former is upheld. In this particular case, the safety and interests of the abused child must be upheld over Bouknight’s assertion considering that, in the hierarchy of values, the safety and welfare of the child takes precedence over other concerns (Baltimore City Department of Social Services v Bouknight, 488 U.S. 1301 (1988). Moreover, the information sought which is the whereabouts of the child is for the contempt charge and therefore civil in nature (Baltimore City Department of Social Services v Bouknight, 488 U.S. 1301 (1988).

The Fifth Amendment: Right against Self-Incrimination

The Fifth Amendment originated from England and derived from the Latin maxim “nemo tenetur seipsum accusare” meaning “no man is bound to accuse himself” (Levy, 1968). It was used in both the accusatorial and inquisitorial legal systems of England (Levy, 1968).

In the U.S., after the revolution the states ratified the Constitution with the inclusion of the privilege in the bill of rights. The original version of Madison was amended by the House to include “in any criminal case” (Schwartz, 1971). Thus, as it now stands, the Fifth Amendment provides, “. . . nor shall be compelled in any criminal case to be a witness against himself . . .” (U.S. Constitution, Bill of Rights). The primary purpose of its inclusion in the Bill of Rights is “to protect the innocent and to further the search for truth” [Ullmann v. United States, 350 U.S. 422 (1956)]. However, in subsequent line of decisions, the Court ruled that other privileges stated in the bill of Rights are more in the nature of adjuncts to the determination of truth such as the right to counsel or the safeguards afforded by the Fourth Amendment while the privilege against self-incrimination is primarily for “the preservation of the accusatorial system of criminal justice” [Miranda v. Arizona, 384 U.S. 436, 460 (1966); Schmerber v. California, 384 U.S. 757, 760–765 (1966); California v. Byers, 402 U.S. 424, 448–58 (1971)]. This maintains the integrity of the judicial system and protects the privacy of the individuals from government intrusion [Miranda v. Arizona, 384 U.S. 436, 460 (1966); Schmerber v. California, 384 U.S. 757, 760–765 (1966); California v. Byers, 402 U.S. 424, 448–58 (1971)]. The privilege is a guarantee against compulsion for testimonial evidence which consequently will result in the imposition of criminal penalty on such person making testimony.

The Court laid down the requirements necessary before a party can successfully invoke the protection of the privilege against self-incrimination. In the cases of U.S. v. Doe, (465 U.S. 605) and Doe v. U.S. [487 U.S. 201, 209 (1988)], the Court enumerated the three (3) requisites that should be present for the Fifth Amendment to apply, namely: a) “that the statement be testimonial; b) incriminating; and, c) compelled.” According to the court, ‘testimonial’ refers to all communications whether express or implied which “relate to a factual assertion or disclose information” (Ashby, J., 2006 citing Doe v. U.S., 487 U.S. 201). The statements or communications made whether verbally or in writing fall within the privilege (Ashby, J., 2006) and is not limited by the forum where it was elicited, i.e. before the court, administrative proceedings or before the law enforcement office [Lefkowitz v. Turley, 414 U.S. 70 (1973)]. The second requirement, ‘incriminating’ refers to statements that can be used as a basis for a finding of criminal liability under a penal law or “provides a link to the chain of evidence for prosecution under a criminal statute” [United States v. Hubbell, 530 U.S. 27 (2000)]. The third requisite is the compulsion to give a statement. The Court explained that this requisite refers to “circumstances that deny the individual a free choice to admit, to deny, or to refuse to answer” (Ashby, J., 2006). Additionally, the Court ruled in the case of Fisher v. United States that these three requisites should all concur and be present so that the privilege can be successfully invoked [425 U.S. 391(1976)].

Legal and Ethical Issues and their Impact on Social Work Practice

The main legal issue in the case of Baltimore is whether the circumstances surrounding it would fall within the ambit of the privilege against self incrimination and consequently, Bouknight may successfully invoke it and prevent her from being compelled to produce or furnish the whereabouts of her son lest be incarcerated for contempt.

The Supreme Court allowed the stay of the decision of the appellate court for overturning the ruling of the juvenile court and in finding that the compulsion for Bouknight to produce her son squarely fell within the privilege and therefore ordered her release (Alderman and Kennedy, 1992). The appellate court found that the act of production is testimonial and therefore its compulsion, is a violation of the privilege. Furthermore, the interest of the government in the safety of the son cannot outweigh the observance and respect for the privilege against self incrimination as provided in the Bill of Rights (Alderman and Kennedy, 1992). In other words, the three requisites concurred, i.e. the act of production or of furnishing information as to the whereabouts of her son are incriminating and testimonial in character; and, there
was also compulsion because if she failed to disclose information sought she would be incarcerated for contempt as what had happened.

The Supreme Court through Chief Justice Rehnquist predicated his discussion on three major points, namely: a) The Court of Appeals passed upon a controversy concerning the federal Constitution which logically can be properly resolved by the U.S. Supreme Court (California v. Riegler, 449 U.S. 1319); b) The act of production does not fall within the ambit of the privilege citing the cases of U.S. v. Doe, Fisher v. U.S. and Schmerber v. California. In these cases, the court ruled that the act of production of the documents is not ‘testimonial’ and therefore does not infringe upon the privilege considering that their existence and location are already known to the Government. In fact, responding to a subpoena have been considered legal and acceptable even if compulsion is present [Fisher v. United States, 425 U.S. 391 (1976)]. Moreover, when an accused is required to furnish his handwriting sample, this had been held not to violate the privilege because it is not ‘testimonial’  but merely evidentiary United States v. Flanagan, 34 F.3d 949 [10th Cir. 1994]). The third point c) is by using the balancing of interests test or balancing the public need vis-à-vis ensuring the individual’s constitutional civil liberties, public need prevailed considering that the disclosure of information was non-criminal and not directed at a particular group as was held in the case of California v. Byers, 402 U.S. 424 (1971) where the validity of a law requiring disclosure of the name and address at the scene of a vehicular accident. Similarly in the case of New York v. Quarles where the Fifth Amendment rights have to give way to a public safety exception and therefore in the case of Bouknight, “the public safety exception to the Fifth Amendment was justified because its interest was in protecting children like Maurice, not in prosecuting” (Alderman and Kennedy, 1992).

In sum, the privilege against self-incrimination is not an absolute right. Albeit the civil liberties accorded under the Bill of Rights safeguards undue government intervention and restraint to its power, there are instances when these rights would have to give way to compelling interests of the society that would warrant Government intervention and intrusion such in the case of protecting and ensuring the safety of infants or children from physical abuse. Once it has been established that a child is abused, it becomes the duty of the State to take over and protect.

The judicial pronouncement in the case of Bouknight has a pervading and far reaching implication on social work practice. This gives the social workers a great burden and responsibility to follow up sharply abused children in foster care or those released under an order of protective supervision. Admittedly, there is an apparent lack of strict protocols in the present system of child welfare agencies (Parks, 2005). A set of guidelines must be crafted to govern exigencies of missing children from foster care like supervised visits and court orders in cases of abduction like what have occurred in Maryland with “Ariel” who had been abducted by his mother Teresa B (Parks, 2005). Guidelines should also be drawn to address the coordinated efforts both with the law enforcement and child welfare personnel.

Tarasoff v. Regents of University of California,

17 Cal.3d 425

A graduate student from India, Prosenjit Poddar went to the University of California Berkeley to study naval architecture. It was there that he met Tatiana Tarasoff. A few kisses made him believe that they have a special relationship until Tarasoff bragged about her many relationships with other men. Poddar suffered depression until he sought professional help from Dr. Moore, a psychologist of the University Health Service. He confided to the doctor that he intended to secure a gun and to kill Tarasoff. On the strength of a letter request of Dr. Moore, Poddar was taken by the campus police, however upon assurance that Poddar was reasonable he was released. Upon the return of the University Health psychiatrist from his vacation, he ordered the destruction of Dr. Moore’s letter and did not recommend any further action on Poddar’s case.

When Tarasoff returned from her vacation, she was stabbed and killed by Poddar who at that time moved in with her brother already. The parents of Tarasoff sued the Regents of the University, its health personnel namely, Gold, Moore, Powelson, Yandell and the campus police namely, Atkinson, Beall, Brownrigg, Hallernan, and Teel  for “failing to warn their daughter of an impending danger” (Tarasoff v. Regents of University of California, 17 Cal.3d 425). At the lower court, the complaint was dismissed because there was no cause of action. According to the lower court, the defendants only had the duty to the patient and not to a third party.

The dismissal was appealed to the Appeals Court but which only sustained the dismissal. Thus, it was elevated to the Supreme Court of California. The appealed decision in so far as the university police officers, Atkinson, Beall, Brownrigg, Hallernan, and Teel finding them not liable to the plaintiffs was affirmed. However, in so far as the therapists and the Regents of the university, the appealed decision was overturned for reception of evidence in accordance with the pronouncements of the Supreme Court (Tarasoff v. Regents of University of California, 17 Cal.3d 425).

In fine, the complainants averred four (4) causes of action, namely: a) “Failure to detain a dangerous patient; b) failure to warn on a dangerous patient; c) abandonment of a dangerous patient; and, d) breach of primary duty to patient and the public” (Tarasoff v. Regents of University of California, 17 Cal.3d 425).

Anent the first and fourth causes of action, the Supreme Court ruled that the defendants cannot be held liable because of a specific provision of the Government Code or Section 856 thereof which grants immunity to public employees from any resultant damage or injury from deciding whether or not to confine a person with mental ailment. This provision is also applicable to the therapists because the law also refers to those who are capable of recommending confinement. As regards the third cause of action, the government immunity includes the “award of exemplary damages resulting from a wrongful death” and therefore, defendants cannot be held liable (Tarasoff v. Regents of University of California, 17 Cal.3d 425).

Anent the second cause of action, the Supreme Court found defendants therapists and Regents of the University to have failed to comply with their duty to warn Tarasoff of the peril to her life. Albeit, the therapists had no direct relations with Tarasoff, they could have reasonably foreseen the danger and threat to her life as confided by their patient, Poddar. This is the point where the law establishes the duty of care on their part to warn Tarasoff. Their failure to warn her may reasonably concluded as a proximate cause of her death. The duty of confidentiality between patient and psychotherapist and the right to privacy of the patient cannot prevail over public interest or public safety. Moreover, there are clear provisions of laws, i.e. Section 1024 of the Evidence Code and Section 9 of the Principles of Medical Ethics of the American Medical Association which allows the physician to divulge matters confided to him in confidence when it is necessary for public welfare (Tarasoff v. Regents of University of California, 17 Cal.3d 425).

Confidentiality

The effective therapeutic relationship between physician/psychiatrist and patient rests largely on trust that matters confided by the patient during the treatment are kept in strictest confidence by the physician/psychiatrist.  It is the ethical duty of the physician to observe privacy and confidentiality of his patients (Corbin, 2
007). While it is also of public interest to ensure that treatment of those who are mentally ill by maintaining an atmosphere whereby they can have an open dialogue with their therapist and of safeguarding its confidential character; the same public interest calls for an imperative recognition of instances whereby disclosure of the confidential communications be revealed and be made to safeguard public safety and avert the threatened peril. In the instances, where the public safety is at risk, the therapist must disclose confidential information discreetly with due regard to protecting the privacy of his patient (Tarasoff v. Regents of University of California, 17 Cal.3d 425).

The parameters of confidentiality are defined by law and by the ethical code of conduct for practitioners in the territorial jurisdiction. In the case of Tarasoff, the Evidence Code and the Principles of Medical Ethics of the American Medical Association provided specific and limited exceptions under which the confidentiality privilege can be breached, i.e. “if the psychotherapist has reasonable cause to believe that the patient is in such mental or emotional condition as to be dangerous to himself or to the person or property of another and that disclosure of the communication is necessary to prevent the threatened danger; unless he is required to do so by law or unless it becomes necessary in order to protect the welfare of the individual or of the community” (Tarasoff v. Regents of University of California, 17 Cal.3d 425).

It would be wise for the practitioners to familiarize themselves of the limits of confidentiality as provided under the laws considering that it may differ from state to state. The Tarasoff case provided a basis to guide a practitioner in his professional dealings relative to the duty to warn others in cases of a specific threat of harm by his patient against others/another. Subsequent cases followed the consistent pattern of the jurisprudence laid down by the Supreme Court. In the case of David v. Lhim (1983), the plaintiff-administrator of the estate sued the psychiatrist who treated the son who killed his mother after he was released from the hospital. There was failure on the part of the psychiatrist who treated the son to warn the mother of the potential danger after her son confided his intentions of killing her (Corbin, 2007). In another case, Chrite v. U.S. (2003), the Veterans Administration was held liable for having failed to warn the intended victim of a patient of a threatened harm. Subsequent rulings of the court clarified and defined what constituted ‘threat’ as “imminent threat of serious danger to a readily identifiable victim” and “specific” (Corbin, 2007).

When there are no specific provisions of the law, Dickson (1998) proposes that the therapist/practitioner may be protected against lawsuits if he would consult and keenly document the case of the patient or comply with the “mandated reporting guidelines” required by some states. Reamer (2003) on the other hand, suggests that the therapist must have evidence that the patient is a threat to the safety of another; evidence of that the threat can be foreseen; threat is imminent and that the potential victim is identifiable.

Legal and Ethical Implications and their Impact on Social Work Practice

The duty of reasonable care to assist others in danger is a legal duty as well as a moral duty. However, American negligence law only recognizes it as a moral duty except when there exists a relationship between parties. In the case of Tarasoff, no special relationship existed between the therapist and Tarasoff; however the court has made an exception to this general rule (Bickel, 2001). It declared that the therapist has the duty to care and to warn Tarasoff of the imminent harm on her life. This also includes the duty to control the conduct of his patient, Poddar. In the same breath, a doctor has the duty to warn his patient if he has a contagious disease (Saltzman and Furman, 1999).

There is an affirmative duty for the therapist to advise and warn Tarasoff of the threat to her life although this meant breach of confidentiality with his patient Poddar. This finds basis both legally and ethically considering that the law and the code of ethics for doctors have recognized and provided specifically that doctors are bound to disclose relevant facts to others even if this violates confidentiality with their patients provided they are required by law or if it is required for public safety (Saltzman and Furman, 1999). This legal duty to warn applies when the threat is specific and imminent and where the victim is “readily identifiable” (Bickel, 2001). The courts also have recognized the difficulty in assessing and predicting circumstances that may lead to harm or violence and consequently, adhered to the ‘professional judgment rule’ whereby the therapist is not held liable for errors of judgments. Liability attaches only upon showing that the conduct of the therapist was not in accordance with the “accepted professional standards” (Bickel, 2001).

There is an ambivalence that was created by the Tarasoff protective disclosure ruling with the practitioners (Kachigian and Felthous, 2004). Analogous cases and protective disclosure statutes in the different states were analyzed and it was discovered that there are no clear defined parameters of these duties. The therapist is required to a certain way betray his patient by disclosing matters which are protected by confidentiality. Considering the uncertainty brought about by the legal doctrine and court decisions, the undesirable consequence of which was deterrence for therapists to accept “treatment potentially violent patients” (Merton, 1982). Moreover, therapists are more inclined to have their patients committed in an institution so that threats to the safety of potential victims can be averted.

The Tarasoff protective disclosure was even extended recently to include even “communications made from a patient’s family member” as pronounced by the Court in the case of Ewing v. Goldstein (May and Ohlschlager, 2008). The dubious jurisprudential precedents by the courts in interpreting the protective disclosure statutes or its resort to common law instead of interpreting the statute left a vacuum in the definition of the duty to protect (Kachigian and Felthous, 2004). As a result, “clinicians must continue to rely on their clinical and ethical judgment, rather than statutory guidance, when considering potential protective disclosures or future drafts of protective disclosure statutes” (Kachigian and Felthous, 2004).

References

Alderman, E. and Kennedy, C. (1992). In our defense: the bill of rights in action. First Avon

Books edition.

Ashby, J. (February 2006).  Note declining to state a name in consideration of the fifth amendment’s self-incrimination clause and law enforcement databases after Hiibel. Michigan Law Review, No. 4, Vol. 104:779.

Baltimore City Department of Social Services v Bouknight, 488 U.S. 1301 (1988).

Bickel, R. Revisiting Tarasoff v. Regents of University of California: the scope of the psychotherapist’s duty to control dangerous students. Presented before the 22nd Annual Law and higher Education conference in Clearwater, Florida on 18-20 February 2001.

California v. Byers, 402 U.S. 424, 448–58 (1971).

Corbin, J. (Fall 2007). Confidentiality and the duty to warn: Ethical and legal implications for the therapeutic relationship. The New Social Worker, Vol. 14, No. 4.

Dickson, D. T. (1998). Confidentiality and privacy in social work. New York: The Free Press

Doe v. U.S., 487 U.S. 201, 209 (1988).

Fisher v. United States, 425 U.S. 391 (1976).

Kachigian, C. and Felthous, A. (September 2004). Court responses to Tarasoff statutes. Journal



of  American Academy of Psychiatry and Law Online, Vol. 23:263-273.

Levy,
L. (1968). Origins of the fifth amendment: The right against self-incrimination.

May, S. and Ohlschlager, J. (2008). California alert! Tarasoff ruling expanded for clients who ‘go off.’ ECounseling. American Association of Christian Counselors.

Merton, V. (1982). Confidentiality and the dangerous patient: Implications of Tarasoff for Psychiatrists and lawyers. Emory Law Journal, Vol. 31:265.

New York v. Quarles, 476 U.S. 649 (1984).

Parks, A. (2008). Unless the Court of Appeals decision is reversed, MD children may not be. Daily Record The Baltimore.

Reamer, F. (2003). Social work malpractice and liability. New York: Columbia University Press, 2nd ed.

Saltzman, A. and Furman, D. (1999). Law in social work practice. Brooks Cole, 2nd edition.

Schmerber v. California, 384 U.S. 757 (1966).

Schwartz, B (December 1971). The bill of rights: A documentary history. Chelsea House Publishers with McGraw-Hill Education.

Tarasoff v. Regents of University of California, 17 Cal.3d 425.

Ullmann v. United States, 350 U.S. 422 (1956).

U.S. v. Doe, 465 U.S. 605.

United States v. Hubbell, 530 U.S. 27 (2000).

Satellite TV Programming

With more than 375 channels to choose from, satellite TV programming offers far more TV listings and viewing options than cable or over-the-air TV.

Satellite TV also gives you access to music channels, pay-per-view movies, sports packages, adult channels, and international programming.

DISH Network Satellite TV Programming

DISH Network programming packages start at $19.99 per month.

They also offer pay-per-view movies and events, adult programming, and sports packages. International programming includes: African, Arabic, Armenian, Asian, Chinese, Farsi, French, German, Greek, Israeli, Italian, Japanese, Korean, Polish, Portuguese, Russian, South Asian, Spanish, Tagalog, and Urdu channels.

DISH Network has the biggest variety of movies, music, and shows and the most HD (high definition) programming of the two satellite TV providers.

Here are DISH Network’s current satellite TV programming packages:

Dish Family Pak

This package includes the following program channels:

Angel One, Animal Planet, Biography Channel, Bloomberg Television, Boomerang, BYUTV, CCT-9, CCT-E&F, CNN Headline News, Colours TV, C-SPAN, C-SPAN2, CSTV, Discovery Kids, Discovery Times, DIY, EWTN, Fine Living, Food Network, FOX News Channel, Great American Country (GAC), Hallmark, Hallmark Movie Channel, HSN, Kids Tunes, NASA, Nickelodeon/Nick at Nite (East), Nickelodeon/Nick at Nite (West), Nicdelodeon Games & Sports, Nicktoons, QVD, RFDTV, Shop at Home, Shop NBC, TBN, The Outdoor Channel, The Science Channel, The Weather Channel, TV Land.

America’s Top 60 ($29.99 per month)

This package includes the following program channels:

ABC Family, America’s Prevue TV, Angel One, Arts & Entertainment (A&E), Beauty & Fashion Channel, BYUTV, Cable News Network (CNN), Cartoon Network, CCTV-9, Classic Arts Showcase, CNBC, Colours TV, Comedy Central, Country Music Television, Court TV, C-SPAN, C-SPAN2, Daystar, Discovery Channel, Disney Channel (East), Disney Channel (West), Documentary Channel, Drive TV, E! Entertainment Television, ESPN Alternate, ESPN2 Alternate, ESPNews, ESPN, Eternal Word Television Network, FEC/PAEC, Food Network, Free Speech TV, Good Samaritan Network, Headline News Network, Healthy Living Channel, The History Channel, HITN, Holistic Television Network, Home & Garden Television, The Home Shopping Network, Horseracing TV, iSHOP, Jewelry Television, The Learning Channel, Lifetime, Link TV, Men’s Channel, Music Television (MTV), Music Television 2 (MTV2), NASA, Nickelodeon/Nick At Nite (East), Nickelodeon/Nick At Nite (West), Northern Arizona University/University House, Pentagon Channel, QVC Shopping Network, Research Channel, RFDTV, The Sci-Fi Channel, Shop At Home, Shop NBC, Spike TV, The Travel Channel, Trinity Broadcasting Network, Turner Broadcast System (TBS), Turner Network Television (TNT), TV Games Network, TV Guide Channel, TV Land, TV Outlet Mall, University Of California, University Of Washington, USA Network, VH1, The Weather Channel.

America’s Top 120 ($39.99 per month)

This package includes all of the channels in the America’s Top 60 package, plus the following program channels:

Altitude Sports & Entertainment, American Movie Classics (AMC), Animal Planet, BBC America, Black Entertainment Television (BET), Bravo, CD-70S Songbook, CD-Acoustic Crossroads, CD-Adult Alternative, CD-Adult Contemporary, CD-Adult Favorites, CD-Big Band Era, CD-Blues, CD-BYU Radio Network, CD-Classic Rock, CD Classic Ambience, CD-Contemporary Christian, CD-Contemporary Instrumentals, CD-Contemporary Jazz Flavors, CD-Country Classics, CD-Country Currents, CD-Easy

Instrumentals CD-Euro Style, CD-Fiesta Mexicana, CD-Hawaiian Music, CD-Hot Hits, CD-Jazz Traditions, CD-JukeBox Gold, CD-Kid Tunes, CD-Latin Styles, CD-Light Classical, CD-Modern Rock Alternative, CD-New Age, CD-New Country, CD-NUJAZZ, CD-Power Rock, CD-Reggae, CD-Urban Beat, College Sports Television, Comcast Sports Net Chicago, Comcast Sports Net West, Comcast Sports Net Mid-Atlantic, Discovery Health, ESPN Classic, FOX News Channel, FOX Pittsburgh 2, FOX Sports, FOX Sports Arizona, FOX Sports Bay Area, FOX Sports Cincinnati, FOX Sports Detroit, FOX Sports Florida, FOX Sports Midwest, FOX Sports New England, FOX Sports New York, FOX Sports Northwest, FOX Sports North, FOX Sports Ohio, FOX Sports Pittsburgh, FOX Sports Rocky Mountain, FOX Sports South West, FOX Sports South, FOX Sports West, FOX Sports West 2, FOX Soccer Channel, Fuse, FX, G4, Galavison, Game Show Network, Independent Film Channel, International Music Feed, Madison Square Garden, MSNBC, New England Sports Network (NESN), NFL Network, Noggin, Oxygen, Pax TV, Sirius BBC Radio 1, Sirius Boombox, Sirius Elcis, Sirius Love Songs, Sirius Margaritaville, Sirius Underground Garage, Sirius 60′s Vibration – 60′s Hits, Sirius Alt Nation – Alternative Rock, Sirius Area 63, Sirius Back Spin – Old Skool Rap, Sirius Big 80′s – 80′s Hits, Sirius Bluegrass – Bluegrass Music, Sirius Blues – Classic Blues, Sirius Broadway’s Best – Broadway Musicals, Sirius Buzzsaw – Classic Hard Rock, Sirius Classic Rewind – Recent Rock, Sirius Classic Vinyl – Early Rock, Sirius Classical Voices – Opera, Sirius Disorder – Free Form Rock, Sirius Faction – Rock/Hip Hop/Punk, Sirius First Wave – Classic Alternative, Sirius Hair Nation – 80′s Hair Bands, Sirius Hard Attack – Heavy Metal, Sirius Heart & Soul – R&B Hits, Sirius Hip Hop Nation – Uncut Hip Hop, Sirius Hot Jamz – Jam Bands, Sirius Jazz Cafe – Smooth Jazz, Sirius Left of Center – College Rock, Sirius Mexicana – Refional Mexican, Sirius Moving Easy – Easy Listening Hits, Sirius Octand – Pure Hard Rock, Sirius Outlaw Country, Sirius Planet Jazz – Contemporary Jazz, Sirius Pops – Classical Favorites, Sirius Praise – Gospel Music, Sirius Prime Country – 80′s & 90′s Country, Sirius Pure Jazz – Classic Jazz, Sirius Remiz – Dance Club Mix, Sirius Revolution – Christian Rock, Sirius Runbon – Reggae & Tropical, Sirius Shade 45, Sirius Gold 50′s & 60′s Hits, Sirius Hits One – Top 40 Hits, Sirius Soul Revue – Classical Soul, Sirius Spa 73 – New Age, Sirius Spectrum – Worls Class Rock, Sirius Spirit – Christian Hits, Sirius Standard Time – Standards, Sirius Symphony Hall – Symphonies, Sirius Super Shuffle, Sirius The Bridge – Mellow Rock, Sirius The Coffee House, Sirius The Globe, Sirius The Pulse – The 90′s & Now, Sirius The Roadhouse – Classic Country, Sirius The Strobe – Classic Disco, Sirius The Vault – Deep Cuts Classic Rock, Sirius Totally 70′s – 70′s Hits, Sirius Universo Latino – Latin Pop Mix, SiTV, Soap Net, The Speed Channel, Sports Alternate 1, Sports Alternate 2, Sports Alternate 3, Sports Alternate 4, Sunshine Network, Telefutura East, Telefutura West, Toon Disney, Turner Classic Movies, Turner South, Univision, Univision West, WE: Women’s Entertainment, WGN Superstation.

America’s Top 180 ($39.99 per month)

This package includes all the channels in the America’s Top 120 package, plus the following:

7890 – 4 Decades of Music, Biography, Bloomberg Television, Boomerang, CNBC World, Discovery Health, Discovery Home, Discovery Kids, Discovery Times Channel, Dish Music – 50′s & 60′s Hits, Dish Music – 70′s Hits, Dish Music – 80′s Hits, Dish Music- All That Jazz, Dish Music – Beach Party, Dish Music – Classic Soul, Dish Music – Country Music One, Dish Music – Expressions, Dish Music – Hitline, Dish Music – Hot FM, Dish Music – Italia, Dish Music – Love Songs, Dish Music – Moodscapes, Dish Music – New Orleans Jazz, Dish Music – Piano & Guitar, Dish Music – Roadhouse, Dish Music – Tropical Breezes, Dish Music – Urban Adult, Do It Yourself Network, Encore

(West), Encore Action, Encore Love, Encore Mysteries, Encore Wam, Encore Westerns, ESPNNU, Fine Living, FOX Movie Channel, FOX Reality TV, FOX Soccer Channel, The Golf Channel, GOL TV, Great American Country, Hallmark Channel, History Channel International, Lifetime Movie Network, Military Channel, The Movie Channel (West), MUN2,
National Geographic Channel, Nick Toons, Nickelodeon Games & Sports, The Outdoor Channel, The Science Channel, TMC Extra West, VH1 Classic, Wisdom Television.

America’s Everything Pak ($74.99)

This package includes all the channels in the America’s Top 180 package, plus the following movie channels (31 movie channels in all):

Showtime Unlimited Package, Starz! Super Pak, HBO Package, Cinemax Package.

Note: For more programming information, ordering information, and the latest bonuses and free offers from DISH Network, click on the links below.

DIRECTV Satellite TV Programming

DIRECTV satellite TV programming starts at $41.99 per month.

They also offer pay-per-view movies and events, adult programming, and sports packages. International programming includes Chinese, Filipino, Italian, South Asian, Spanish, and Vietnamese channels.

DIRECTV has the most sports program packages of the two satellite TV providers, including the popular NFL Sunday Ticket.

Here are DIRECTV’s current satellite TV programming packages:

Total Choice ($41.99 per month)

This package includes the following program channels:

A&E Network, ABC Family, America’s Store, American Movie Classics (AMC), Animal Planet, BBC America, Black Entertainment Television(BET), Bloomberg Television, Bravo, BYU TV, C-SPAN, C-SPAN2, Cartoon Network, The Church Channel, CNBC, CNBC World, CNN, Comedy Central, Country Music Television (CMT), Court TV, Current TV, Daystar, DIRECTV FREEVIEW Events, Discovery Channel, Discovery Health Channel, Disney Channel (East), Disney Channel (West), E! Entertainment Television, ESPN, ESPN CLASSIC, ESPN2, ESPNEWS, EWTN, FINE LIVING, Fit TV, Food Network, Fox Movie Channel, Fox News Channel, Fuse, FX, G4 Videogame TV, Galavisión, Game Show Network, Hallmark Channel, Headline News, HITN TV, Home & Garden Television, i Independent Television, Independent Film Channel, Lifetime, Lifetime Movie Network, Link TV, MSNBC, MTV, MTV2, National Geographic Channel, NFL Network, Nickelodeon/Nick at Nite (East), Nickelodeon/Nick at Nite (West), Noggin/The N, Outdoor Life Network (OLN), Oxygen, PBS You, QVC, RFD TV, SCI FI Channel, Shop At Home, ShopNBC, SOAPnet, Speed Channel, Spike TV, Superstation WGN, TBS Superstation, The Church Channel, The History Channel, The Learning Channel, The Weather Channel, The Word, TNT, Toon Disney, TRAVEL CHANNEL, Trinity Broadcasting Network (TBN), Turner Classic Movies (TCM), Turner South, TV Guide Channel, TV Land, TV One, Univision, USA Network, VH1, WE: Women’s Entertainment, World Harvest Television, XM: America, XM: Audio Visions, XM: Beyond Jazz, XM: Bluegrass Junction, XM: Bluesville, XM: BPM, XM: Chrome, XM: Cinemagic, XM: Deep Tracks, XM: Ethel, XM: Frank’s Place, XM: Hank’s Place, XM: Highway 16, XM: KISS, XM: Lucy, XM: MIX, XM: Nashville!, XM: RAW – XL, XM: Real Jazz, XM: Soul Street, XM: Special X, XM: Spirit, XM: Squizz – XL, XM: Suite 62, XM: Sunny, XM: The 40s, XM: The 50s, XM: The 60s, XM: The 70s, XM: The 80s, XM: The 90s, XM: The Blend, XM: The City, XM: The Fish, XM: The Flow, XM: The Heart, XM: The Joint, XM: The Loft, XM: The Move, XM: The Rhyme – XL, XM: The System, XM: Top 20 on 20, XM: Top Tracks, XM: VOX, XM: Watercolors, XM: World Zone, XM: X Country, XM: XM Café, XM: XM Classics, XM: XM Pops

Total Choice Plus ($46.99 per month)

This package includes all the Total Choice programs, plus the following channels:

The Biography Channel, Boomerang, Discovery Home & Leisure, Discovery Kids, Discovery Times Channel, Discovery Wings, DIY – Do It Yourself Network, Fuel, History International, PBS KIDS, The Science Channel, SOAPNet.

Total Choice Premier ($96.99 per month)

This package includes all the channels in the Total Choice Plus package, plus the following program channels:

Action, BLACK STARZ!, Cinemax (East), Cinemax (West), Comcast SportsNet (Mid-Atlantic), CSTV: College Sports Television, Empire Sports Network, Encore® (West), Encore® (East), FLIX, Fox Sports World, The Golf Channel, HBO, HBO (West), HBO Family, HBO Family (West), HBO HDTV, HBO Latino, HBO Signature, HBO2, HBO2 (West), Love Stories, Madison Square Garden (MSG), MoreMAX, The Movie Channel, The Movie Channel West, Mystery, NBA TV, New England Sports Network, The Outdoor Channel, SHOWTIME East, SHOWTIME Extreme, SHOWTIME HDTV, SHOWTIME Showcase, SHOWTIME TOO, SHOWTIME West, STARZ! (East), STARZ! (West), STARZ! Theater (East), Sundance Channel, Sunshine Network, True Stories, VH1 Classic, WAM!, Westerns, YES Network.

Note: For more programming information, ordering information, and the latest bonuses and free offers from DIRECTV, click on the links below.

Click on the following link for more information on free satellite TV systems and service, or these links for programming information, ordering information, and the latest special offers from DISH Network satellite TV or DIRECTV satellite TV.

Training And Certification Requirements For Careers In Solar Panel Installation

 

If you are looking to enter the field of solar panel installation, you would greatly benefit from being aware of the various training and certification requirements for the job. Obviously, extensive training is crucial if you are to have a certain degree of competency, however, certification is not necessarily an absolute requirement for solar panel installers in most states.

 

Obtaining certification from recognized solar energy regulatory organizations will likely have the effect of increasing your career opportunities and making your credentials more viable for a green job in the solar energy sector.

 

It is worth keeping in mind that different states may have different requirements with regard to licensing for solar panel installation professionals. These requirements typically fall under general contractor licenses or their equivalent, with some being more specifically categorized as electrical contractor licenses for PV, plumbing license for solar thermal systems, or solar contractor licenses.

 

You should also be aware that the North American Board of Certified Energy Practitioners or NABCEP specifically states that the certification which they offer is in no way intended to take the place of any licenses, credentials or certificates that may be required by local laws in the state wherein you plan to practice your trade. These solar certification and solar training courses are purely voluntary at present, although there is an increasing trend to support these and other similar solar certification programs by way of rebates and other incentives. Furthermore, the number of projects that require solar certification from the NABCEP certification is on the rise, and this will likely increase even further in the near future.

 

The solar certification program of the NABCEP specifies that solar PV installers should possess the skills and knowledge necessary to recommend solar electrical systems, configure and install these systems, inspect and maintain them in way that meets the customers’ satisfaction, and conform to current industry standards for the performance, safety and reliability of solar electrical systems.

 

To this end, the NABCEP has developed a system geared towards PV Task Analysis, which is comprised of several areas of discipline, including how to work safely with PV systems, conducting site assessment, the selection of proper solar design, how to adapt the mechanical and electrical design, installation of solar electrical subsystems and components on-site, system check and inspection, and solar electrical system troubleshooting and maintenance.

 

All of these are of course essential areas of knowledge for those who are seeking qualifications as solar energy industry practitioners. In a report published by the Massachusetts Technology Collaborative in 2003 detailing training and certification requirements for the photovoltaic industry, it stated that the training required for solar industry professionals goes well beyond that which is typical for other areas in the building and construction industries. The report goes on to list some of the training requirements specific to the field of photovoltaic installations, some of which are outlined below:

 



On-site evaluation with regard to system performance. This would include determining the effects of obstructions, angles, and so on.

Characteristics of photovoltaic cells and modules, particularly how they relate to the design and performance of solar electrical systems

System characteristics calculation–which includes aspects such as wire size–as a means of minimizing power loss and optimizing energy production

Current wiring methods

Mounting technology

Solar electrical system maintenance, as well as diagnostics and troubleshooting methods

Customer education



 

Aside from these training requirements, aspiring solar panel installation professionals should also receive instruction in basic electrical skills, possess knowledge of the electrical grid, and be well versed in various roof and ceiling applications.

 

The installation of solar hot water or pool heating systems has its own requirements with regards to training and certification, for which the NABCEP has also developed a separate task analysis. This analysis is intended specifically for solar thermal applications, and details knowledge and skill sets that are required of professionals in this area of specialization. Among the areas covered by the Solar Thermal Task Analysis of the NABCEP are:

 



Safe installation of solar powered hot water and pool heating systems

Systems and component identification

System design adaptation

Effective site assessment methods

Solar collector installation

Water heater and storage tank installation

Piping, insulation and connector installation

Mechanical and plumbing system and component installation

Electrical control system installation

Operation and identification tag installation

System checkout

Solar thermal system maintenance and troubleshooting



 

This set of tasks assumes that the solar thermal system installer utilizes an industry approved solar system design, along with the required components, installation instructions, schematics, and instructions for system assembly and troubleshooting. While the system itself is not necessarily designed by the solar electrical system provider, he or she must possess thorough knowledge about all aspects of the system, and in some cases may be called upon to modify the design depending on the application or customer requirement.