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Posts posted by TAHAWK

  1. 9 hours ago, Double Eagle said:

    With prices like that, I'm banning those specific knives for myself.  Crazy prices for museum pieces you would be afraid to use daily.  More national mark up to pay for ...

    If you refer to the Halle knives, the same knives can be, of course, purchased for far less on the open market,  although still relatively expensive.  They are not even marked as official BSA gear.

  2. Might as well use a plastic bag.  Below 25F, or 19F if active (activity creates more inside condensation),  the little holes freeze solid.   Still waterproof, but also breathing proof.    Perspiration is trapped inside and may even become ice - not the sort of "layer" the Layer System requires. 

    "(c) Wear when the average temperature is above 19º F and alternating between freezing and thawing. You will determine the base and insulation layers necessary dependent upon temperature, wind and activity level."

    United States Army Northern Warfare Training Center Cold Weather (CWLC, CWOC & CWIC) Student Handout Winter 2015-2016,  at p. 44. 



    "When the temperature in the macroclimate is lower than the temperature in the microclimate, the tendency is for moisture to move away from the body, toward the outside of the clothing. The difference in temperatures tries to equalize, which pushes the water vapor outward. In the event of liquid perspiration, the wicking properties of the insulation layers performs that same task of constantly moving moisture towards the macroclimate. When humidity is the same inside and outside, water stays inside the system.

    While Gore-Tex is still a component of the PCU system, its use is minimized to specific conditions in which there is significantly more moisture outside the system than inside the system. The Level 5 soft shell is a more crucial piece of the PCU because of the various conditions in which Gore-Tex fails to perform:

    • If the pores of the Gore-Tex fabric becomes saturated [think rain], moisture will fail to evaporate from the shell.
    • If the shell gets cold and moisture inside freezes, bonding the insulation layer to the shell, [or the moisture freezes in the tiny holes in the "breathable" membrane] this prohibits the movement of vapor and moisture towards the outside of the system.
    • If the user is not in motion and is losing heat, rather than generating heat, the rate of moisture transfer will lower, significantly reducing efficient transfer.

    The Level 5 soft shell, in comparison, is water resistant, but by no means waterproof. It’s made, like all of the other parts of the PCU system, of hydrocarbon materials, aka “plastic,” which cannot absorb water. The soft shell is also windproof, creating significantly less of a barrier for vapor transmission than the Level 6 Gore-Tex shell and requiring less pressure to push moisture out into the atmosphere.

    Combined with the other level garments, the goal is always to move the “dew point” away from the body and towards the macroclimate. The PCU system is a constantly self-drying soft-shell system, reinforced with hard shell components, which dries as quickly as possible when it gets wet."



    Of course, if it works for you, it works for you.

  3. What always interested me about the wisdom of Summit is the potential liability  for the cost of remediation of the stripmining of much of the property.  

    Our local Council has dismissed the litigation and banckruptcy as nonevents on the grounds that the LC is a "separate entity."  Per their cheery emailed videos, nothing will change:

    "The Lake Erie Council has not filed for bankruptcy. Our Council is legally separate, distinct and financially independent from the national organization. 

    Scouting programs will continue. This means that unit meetings and activities, service area and council events, other Scouting adventures and countless service projects will take place as usual. In short, we expect no changes to the local Scouting experience in Northeast Ohio. 

    Scouting is safer now than ever before. Over many years, we’ve developed some of the strongest expert-informed youth protection policies found in any youth-serving organization. I can also assure you that our volunteers and employees take youth protection extremely seriously and do their part to help keep kids safe.

    Restricted donations – past, present or future – can only be used for their designated purpose. In addition, annual donations made to our Council will continue to fund necessary day-to-day expenses that are critical to local Scouting programs. "

  4. 26 minutes ago, MattR said:

    First, there's an easy solution to the OP, before the pause tell everyone with a pol that they no longer have it and it will start up after the pause. But, yeah, I get your frustration. 

    Next, summer is the only time we can count on not having freezing temps, so we want to camp. At the same time we also have lower attendance. So we make things a bit looser, more relaxed. We make it work.

    I WISH it was a "pol."  But BSA has clearly said it's a POR.  😐

  5. Meeting Unit Expectations


    "A unit should set expectations of the Scout for positions of responsibility, and if, within reason (see the note under “Rank Requirements Overview,”, based on the Scout’s personal skill set, these expectations have been met, the Scout has fulfilled the requirement. In a note that has become a big point of discussion over the last year, the Guide to Advancement says “Regardless of a unit’s expectations or policy, if a unit takes time off, such as during the summer months, it must count that time toward service in a position of responsibility. (See ‘Active Participation,’” When setting or considering expectations, see also https://www.scouting.org/coronavirus/covid-19-faq/ #advancement."  


    The overall topic " Increasing Advancement "

  6. 1 hour ago, CynicalScouter said:

    I've already used the phrase Respondeat superior. Add in (in all seriousness) that BSA, the LC, or the CO was acting in loco parentis and we're all set.

    Neither the BSA, a LC, a unit, or unit adult volunteer acts "in loco parentis."  

    "The phrase "person in loco parentis" in R.C. 2907.03(A)(5) applies to a person who has assumed the dominant parental role and is relied upon by the child for support. This statutory provision was not designed for teachers, coaches, scout leaders, or any other persons who might temporarily have some disciplinary control over a child. Simply put, the statute applies to the people the child goes home to. State v. Noggle, 67 Ohio St. 3d 31, 33 (1993).

    Dale v. Boy Scouts of America, 160 N.J. 562 ,734 A.2d 1196 (1999)  "Our prior decisions indicate that the status of in loco parentis is reserved for individuals who function as a parent. See, e.g., Miller v. Miller, 97 N.J. 154, 162, 478 A.2d 351 (1984) (recognizing stepparent may have in loco parentis relationship); In re M.S., 73 N.J. 238, 243-44, 374 A.2d 445 (1977) (finding juvenile shelter for delinquents stands in loco parentis). Characteristics of that relationship include 'the responsibility to maintain, rear and educate the child,' Miller, supra, 97 N.J. at 162, 478 A.2d 351, as well as the duties of 'supervision, care and rehabilitation,' In re M.S., supra, 73 N.J. at 242, 374 A.2d 445see also A.S., supra, 139 N.J.Super. at 369, 354 A.2d 100 (defining role as 'one who means to put himself in the situation of the lawful father with reference to the father's office and duty of making provision for the child'). Boy Scouts does not assume those responsibilities or those duties. It does not maintain or rear children. A Boy Scout leader may function as a supervisor of children for limited periods of time; he does not have 'the responsibility to maintain, rear and educate' children such that he stands in the place of a parent. 734 A. 2d at 1218.

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  7. 1 hour ago, CynicalScouter said:

    The point in which no abuse occurs due to BSA's negligence. That. That's the adequate level.

    The legal  issue is "proximate cause" - a slippery concept [ much hated by spell-checking software] which is sometimes characterized as an issue of law for the court  and sometimes as an issue  of fact for the jury.  Does given conduct directly, naturally, in a continuous sequence of events, and foreseeably, lead to the injury of which the plaintiff complains,  without any intervening responsible cause ? 


    The fact patterns at the extremes are easy.   The real world cases are more gray than back and white.   It you have a flat tire and leave the tire on the side of the road and, thirty years later, a cyclist hits the tire and is injured, was your action in leaving the damaged tire on the side of the road the direct, natural, and foreseeable cause - the  "proximate cause" - of the injuries of the cyclist?  If twenty contractors had been paid to remove the tire in the thirty years and failed to do so?  Often, the finding is the result of the contest of skill that a trial really is, despite the theory that a trail is a "search for the truth."


    Jury instructions on the issue tend to leave jurors looking befuddled. .  

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  8.  In the opinion of the appeals court in Cordts v. Boy Scouts of America , an unpaid volunteer is subect to the same tests for liability as en employee, a disatinctly minority analysis.  Moreover, the Court found that the  the misuse of a volunteers' authority to facilitate sexual misconduct is, generally, solely for personal purposes and entirely unrelated to one’s occupation. Accordingly, the appeals court found the scout leader’s sexual molestation of the scouts constituted a substantial deviation from his duties for personal purposes. The appeals court, therefore, concluded that such conduct was not incidental to his duties as an agent of the BSA. , the misuse of one’s authority to facilitate sexual misconduct is, generally, solely for personal purposes and entirely unrelated to one’s occupation. Accordingly, the appeals court found the scout leader’s sexual molestation of the scouts constituted a substantial deviation from his duties for personal purposes. The appeals court, therefore, concluded that such conduct was not incidental to his duties as an agent of the BSA.  BSA won


    M.V. v. Gulf Ridge Council of Boy Scouts, 529 So.2d 1248 (Fla.App. 2 Dist. 1988), BSA was not held liable.  The opinion discusses the actions of an "employee" of the Local Council:  "This case involves whether the Gulf Ridge Council Boy Scouts of America, Inc. may be held liable in damages for the alleged emotional distress caused to a boy scout by the intentional homosexual acts of a first aid attendant at a camp operated by the Council. There is no discussion in the cited opinion as to the wrongdoer's status as an "employee," and so the opinion is not authority on that issue.  The word "volunteer" does not seem to appear in the opinion at all.


    In Doe v. Boys Clubs of Greater Dallas, Inc., 907 S.W.2d 472, 38 (Tex. 1995), the Texas Supreme Court held for the defendant Boy's Club:  "The trial court granted summary judgment for the Boys Clubs of Greater Dallas, Inc., and the court of appeals affirmed. 868 S.W.2d 942. Because we hold that the plaintiffs failed to raise fact issues on key elements of each of their claims against the Boys Club, particularly on the elements of proximate and producing cause, we affirm the judgment of the court of appeals."  Id at 475.   [T]he court of appeals held as a matter of law that the Boys Club could not reasonably foresee Mullens's assaults on the boys.  Id at 477.

     The claim made by Doe and the other plaintiffs was not that the Boy's Club was vicariously liable for the conduct of the wrongdoer, Mullins,  but was directly liable for negligence in accepting Mullins as a volunteer.  The issue of vicarious liability for the acts of Mullins as a volunteer never arose.


    So none of these opinions stands for the proposition for which they were cited, supra.


    In the current sexual molestation cases, the more interesting issues surround direcct negligence by BSA not any vicarious liability for the acts of volunteers.  


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  9. An "employee" is subject to a number of laws in every state, and a body of federal laws, including maximum hours and minimum wage laws.  Hence, as a matter of law, a "volunteer" is not an "employee," although agruments hve been made for a change in the law due to the law interfering with plaintiffs' recovery of damages when a volunteer is not a deep enough pocket.


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  10. "If you know anything about law you know about respondeat superior: the corporation is responsible for the bad actions of its agents." 


    Under the law of Ohio, Utah, Arizona, New Mexiso and most other states, Respondeat Superior is the rule that an employer is vicariously responsible for the torts of its employees arising in the course and scope of their employment.   It is unrelated to the law of agency.   A question may arise as to whether the allegedly directly liable actor was an employee or merely an agent. 


    Under the law of Ohio, which follows the majority "control of the work" analysis, I have never been an "employee" of BSA and was last an "employee" of a local clouncil in 1961, as a summer camp staffer.

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  11. Then we can discusss compensation for the descendents of millions of thise held in chattel slavery by citizens of the U.S., Russia, UK, Netherlands, Spain, Brazil, France, Portugal, and the rest.    All the slaveholders are dead but the nations and their cirizens remain. 

    Then there are the the descendnets and victims of racism. . Most of the racists, like Robert Byrd Woodrow Wilson, and Strom Thurmond,to name a very few,  are dead, but some are alive, the  property of dead racists was often passed down tpo today's citizens, racists or not.

    Henry Ford overtly supported National Socialism and, pointly, it's anti-Semitism.  The corporation exists.  The Ford oundation funded by Henry Ford esusts.

    Then we can discuss reparations for American Indians.

    It is simply not simple and stratght forward.

    In one sense, there is not enough money in the World to "fully compensate"child  victims of sexual abuse, chattel slavery, and attempted genocide.

    If  Scouting, as distinct from BSA, would be destroyed for the actual and alleged acts and omissions of, largely, the dead, is that OK?  Just asking.

    I have been a member of three class actions that resulted in payment of hundreds of millions of dollars by corporations.  I recieved less than $.02 of the dollar on my modest claims.  The lawyers did consoiderably better.  But nothing would have been paid without those lawyers.  Vultures have a social value.

  12. Our church's insurance has a limit.  Our homeownwrs' insurance has a limit.  Out twonship's h=general liability has a limit.  So who are "They"?


    Standad CGL  language  4 25 21:

    Commercial General Liability

    A Commercial General Liability (CGL) policy provides your business protection from lawsuits brought by third parties alleging bodily injury, property damage, personal injury, and advertising injury.  In addition, the policy pays any sums you are legally obligated to pay in damages up to the applicable policy limit.

    The CGL coverage form typically contains six different limits of insurance. Each limit represents the maximum amount the insurer will pay for a particular type of covered loss. The six policy limits are listed on the policy declarations page (information page) and typically appear as follows:

    General Aggregate Limit $2,000,000
    Products / Completed Operations Aggregate  $2,000,000
    Each Occurrence $1,000,000
    Personal and Advertising Injury $1,000,000
    Fire Damage Legal Liability $   300,000






    General Aggregate Limit

    General Aggregate limit is the most that the insurer will pay for the sum of all personal injury, advertising injury, medical expense, bodily injury, and property damage claims, to which this insurance applies, sustained during the policy period, other than those involving the products and completed operations hazards.

    . . .
    Other Insurance

    The CGL “other insurance” condition prescribes how the policy will respond to a covered loss when other insurance policies also cover the same loss. Options include:

    • The CGL policy is the primary (it pays up to its applicable limit for a covered claim before the other policy is called upon)
    • The CGL policy is excess (it does not pay until the other policy has paid its available limits)
    • The CGL and the other policy to share responsibility for paying the claim on some proportional basis
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