What you see as normal, the rest of the world thinks is NUTS!

I read an interesting article about a zip line that employees of Google has strung between the Google campuses. There is a new building on the other side of a ditch from the main campus and a long drive around. The main campus is where all of the employee benefits are like "lobsters for lunch."

The zip line from the photographs appears to be about 10' above the ditch and guessing less than 20' wide. The ditch is too wide to jump and obviously who wants to drive to lunch.

However the city took the zip line down. Probably and this is purely a guess for liability reasons. The liability of falling 5' into dirty water is pretty big……

We have to realize that what we do in our sport, what we take for granted scares the heck out of most other people. What looks like fun and an easy way to get to lunch to a 20 year old looks dangerous and scary to a 50 year bureaucrat. We work on the river, in the cave or above ground on a zip line or challenge course every day. We are used to what we are doing. It is our backyard, our office. We go to work by putting on a harness or a life jacket and think life is wonderful.

You have to remember that everything we take for granted and do every day is a new experience for our customers. You can tell when you hand them a harness or PFD and they just stare at it. We approach the first rapid and they get buzzed or nervous. We climb the tower, sometimes forgetting to clip in and they check their harness and tie in half dozen times before putting a step on the first ladder.

You have to remember this way before and way after any incident. You need to tell potential customers exactly what they are facing, from their point of view. Walking a balance beam on the ground is easy. Walking a balance beam 4' in the air at the Olympics is terrifying. If it were not so, no one would care or watch.

You also must realize this after someone is hurt. Family members are not going to understand why you put their loved one at risk. They can't fathom any recreation or vacation as anything other than Disneyland.® Why would anyone go to be hurt doing something.

See Google 'invests' in Zip Lines and Google's New Zip Line Yet Another Reason to Hate Your Office

You also need to remember that what we see as dangerous the cartoons in our life may see as normal.

Thanks Matthew!

Sometimes you win one

A woman fell 120 foot over Kaaterskill Falls and sued the state of New York for her injuries. The woman was being lead blindfolded up to the falls wearing flat slip on shoes with no tread. She suffered numerous injuries.

The issue was whether or not the testimony of the injured girl or her friend was more credible. The friend was the one leading the girl blind folded up to the falls and is now estranged from the plaintiff.

The plaintiff claimed the state was liable for failing to adequately warn of the dangers; (I'm curious what signs you can read while blind folded.) and for failing to provide adequate barriers to prevent people from falling.

The court found the profound danger of the falls was open and obvious to anyone employing the reasonable use of their senses.

See: Court rules against fall victim

New UIAA standards coming

The UIAA, (Union Internationale des Association d'Alpinisme), has a new Safety Label for abseiling and belay devices coming out next year. That means that new standards are coming out for belay and rappelling devices. The goal of the UIAA is to update the standards on all equipment by 2009 year end. This update will also see new testing in several instances, particularly climbing harnesses and Via Farrata energy absorbing systems.

One very new idea will be recommendations on how climbers should inspect their own equipment and retire it. This will not be a standard. The Europeans understand the legal issues between a standard and a recommendation. It will be posted at the site when it is available.

I am a member of the Legal Experts Working Group of the UIAA.

See Safety label is expanding.

California Ski and Snowboard Safety Organization turns out to be a Wolf in Sheep’s Clothing

The California Assembly Judicial committee is looking into ski safety issues as a result of the actions of Dr. Dan Gregorie and the California Ski and Snowboard Safety Organization (CSSSO). See my comments about the CSSSO at "Grieving Father starts organization to make skiing safer."

What is interesting is the "change in attitude" of Dr. Gregorie. In prior interviews including the ones I based my earlier article on Dr. Gregorie and his organization were focusing on keeping skiers safe. Now however there seems to be a revenge motive involved. Dr. Gregorie is quoted as saying. "It's time something is done to hold ski resorts more accountable and make uniform signage, adequate barriers and proper traffic and speed management part of everyday safety practices." He has morphed from signage to lawsuits. Along with t a desire to hold ski resorts more accountable, which appears to translate into easier to sue, Dr. Gregorie is attempting to remove personal responsibility from skiers and boarders and place it on the ski areas. "proper traffic and speed management."

The tenure of the entire direction of the CSSSO has changed as evidenced by these statements in the article:

With the Legislature's help, we can save many lives and unnecessary tears in the future."

Injuries and deaths on ski slopes are viewed as inherent risk of the sport under the basic tenet of ski law. This inherent risk doctrine shields ski resorts from liability associated with ski and snowboard deaths and injuries regardless of fault.

My original article quotes the purpose of the organization from its website which says nothing about changing the legal issues involved in the California Ski Industry. Yet this now seems to be the intended purpose of the organization.

Another article quotes Dr. Gregorie as saying "It's time something is done to hold ski resorts more accountable and make uniform signage, adequate barriers and proper traffic and speed management part of everyday safety practices." See Advocates Urge California Legislature to Make Ski Resorts Safer Assembly Judiciary Committee Hears Harrowing Accounts of Preventable Deaths and Injuries on California Ski Slopes. This article is supposedly written by CSSSO.

Another person interviewed for the article stated the trees and rocks needed padding.

In researching this article I discovered some very interesting comments about it. The Press Democrat of Santa Rosa California in writing about the CSSSO stated in an article "The steady number of serious injuries is prompting programs at ski resorts to increase awareness of risks in the backcountry" that fatalities were caused by "head meets tree." Although this has been widely reported, there is no research that supports this allegation. If a skier or boarder hits a tree fast enough to cause a head injury, the cause of death is usually a torn aorta. The major blood vessel leaving the heart has very little protection and tears. Yet people and reporters continually report fatal collisions with trees as being caused by head injuries. The comment could be a comment about avalanche deaths, it is hard to understand. I posted a comment asking for support for their statement. However the comments are moderated. A week later my comment was posted but I never got a response..

I understand the issues and anger of losing a loved one. I understand and write about dealing with those issues. I understand the Ski Resorts do not do a good job of dealing with the surviving loved ones and with communicating to the public. However those are not the issues here.

The issue here is there is a non-profit organization that has presented itself to the public and probably the IRS as wanting to promote safety which in actuality wants to promote litigation. If you gave money to CSSSO based on their website, can you get a refund now that the true purpose of the organization has come out?

Another Man Made Snow Avalanche

It is being reported at TGR that Wish had a man made snow avalanche. To see the info go to: http://www.tetongravity.com/forums/showthread.php?t=141084
Photos of the avalanche are near the bottom of the page.

I reported on this at Great North Slope last year in

Avalanche: Man-Made Snow to the Ground

Interesting! man made snow avalanching is a fairly new phenomenon.

Shopping online saves paper….unless you shop at Backcountry.com

I enjoy shopping online. It is fast, saves time, saves gas and works well for me. I suspect I purchased something from Backcountry.com or Steep and Cheap because I was sent a Backcountry.com catalog today.

The print piece was obviously designed to drive people to the website because there are no prices in the catalog.

I went to the site and found a Catalog Sign Up link. I did not see any place to un-sign up for a printed catalog. So I went to their contact page and asked them what is going on?

I am very confused by your paper catalog. I was under the impression that on line sales sites prided themselves on their environmental ethics. A major one being not printing and mailing a catalog. I would suspect even more so for companies in the outdoor recreation industry.

I found a place to subscribe to wasting paper and killing trees but I did not find anyplace to unsubscribe from receiving paper.

How I unsubscribe from receiving a printed catalog from you?

I got a response and a very fast one also.

Dear James,

First, I apologize. Not only do I apologize that we should not have sent this print promo to you, but I also agree that we should not have paper catalogs (of any kind). There are certain people that love print catalogs, but not everyone. We try to please as many people as possible, and accommodate them when our attempt is unsuccessful, that is my job!

As you know, we are strictly online. We don't have a huge catalog that we send out. The only print marketing we send out are the small promotional cards to provide our customers a discount to receive solid deals on gear. For some reason you were assigned to receive this print from us, but I promise that you have been completely removed. You will not be receiving any more of these from us.

If there is anything else that I can do for you, please respond directly to this email and I will make sure it happens. Thank you again for contacting us so we could resolve this problem.

I will personally remove you from our list. You can also do so yourself on our opt in/out page.

I also suggest that you check out www.catalogchoice.org It's a great service.

Sincerely,

Backcountry.com is still printing and sending catalogs but at least not to me. And their response was fast!

Sometimes this Blog works

Remember the post: Antarctica High School Student Scholarship

Well sometimes it works.

Hi Jim,

Thanks so much for sending me this information. I passed it on to my friends who are either teachers or who have kids in this age range . . . and guess what --- Yikes, the15-year-old son of two of my friends was just notified today that he is a recipient!! His mom called me this evening and they are so excited they can hardly speak. I am just almost as excited as they are (not to mention green with envy).

This young man's dad was a coordinator with our Outdoor Program here at Illinois State about 18 years ago, he met his wife through the program, and now they are both teachers in a small town about an hour north of Bloomington/Normal. I know their son, Alex, pretty well and he really is an amazing kid so I am just thrilled for him.

You rock dude! Thanks again and have a wonderful Thanksgiving.

Children suing health club over death of parent: Mother was 70 and had heart disease

Children of a 71 year old woman who died in a sauna are suing the fitness club. The deceased had high blood pressure but had been cleared to work out by her physician. She went into the club at 2:30 PM and was discovered in the Sauna at 6:00 PM. The coroner listed the cause of death as cardiovascular disease. The children are claiming the sauna contributed to the death of their mother.

The issue that makes this a "possible" lawsuit is the fitness facility, Silver Sneakers Fitness Program, allegedly advertised itself as a specialty fitness program for adults over the age of 50 The lawsuit claims the health club marketed itself as having a high level of supervision to patrons with medical needs. However a review of the fitness center's website does not advertise any additional services for older members than any other health club.

The next failure or issue on the part of the health club was the sauna's thermometer was broken. The temperature was being monitored by a meat thermometer. By the time the police arrived the day of the fatality, the temperature could not be determined because the heat had been turned off. (Is this tampering with evidence or eliminating a risk for rescue personnel? See Canoe rental owner guilty of obstruction in attempt hide facts about drowning – Fear makes you do stupid things.)

Most health clubs have members sign a release. Most members assume a large amount of risk of the activities of a health club. Any person, let alone a 70 year old woman should be aware of medical issues of saunas.

Also battling the plaintiffs is the damages. Damages for wrongful death are based on the lost income over the life of the deceased along with the value of the lost life span of the deceased. A retired 70 year old women has little or no income and if she does have cardiovascular disease a limited lifespan.

Shark Feeding Death triggers debate

A 49 year old Austrian attorney died after being bitten by a shark in the Bahamas with Jim Abernethy's Scuba Adventures (JASA). The deceased was on a shark feeding trip where the sharks are baited using chum and the participants are not in cages. The shark apparently missed the food, bit the leg of the deceased and released him. However he bled out before he could be transported to help. See When Adventure Tourism Kills, Tourist's death sparks shark-diving debate and Sharing the Truth About the Shark "Attack" in the Bahamas.

Shark watching is big business. It has grown substantially over the past several years. Florida has numerous shark feeding businesses; however Florida law does not allow chumming. The (JASA) had moved from Florida to the Bahamas allegedly to avoid the law.

Ignoring the issues of training sharks to associate food with boats and humans the articles have tackled numerous legal issues, some correctly, some incorrectly.

There has been an extensive debate over the civil legal issues in this case. However the accident occurred in the Bahamas with a non-US citizen so US law does not apply. Bahamian or the law of the release (if one was used) will probably control any litigation. Admiralty law may be the law applied to the case which although more generic by country is still not US law. For more information on jurisdiction and venue See: Pennsylvania court case highlights importance of where a business is located, Jurisdiction can affect the potential outcome of a case and Choice of Law and Venue — What Law Applies and Where? (Subscription Service)

Another raging debate is the fact that cage-less shark feeding is relatively a less risk sport. A group called Shark Savers, is defending the acts by saying that shark diving is safer than many other sports. However the sports they are comparing themselves too are unguided sports. There is a higher level of care or safety expected and received from a guided trip then from an unguided trip. That is why you hire a guide, to provide you with the knowledge, skills or safety from the risks that you do not have.

Shark Savers also states that "biking, swimming and boating" have significantly more injuries a year than shark feeding. This is probably correct. However the number of hours that people spend feeding sharks a year versus biking, swimming or boating does not make a fair comparison. If shark feeding had as many people spending as many hours feeding sharks as people riding bikes then the number of injuries would be significantly more. The website is comparing apples to oranges and skewing numbers to make the sport look safe.

There are some real issues however that can be educational. The JASA website is full of statements that would be difficult to support during any accident or could lead to liability in this case. The JASA statements include:

….to provide the very best in diving adventures, in a safe, professional, and fun environment.

Our goal is to insure that whether you are visiting for the day, or staying for a week, you have a safe, fun and memorable trip.

We will have crew members in the water at all times to insure diver safety.

Three prominent statements telling possible guests that they will be safe. And yet someone died. Either the website is wrong, guilty of over promoting itself or this was a rare accident, which statistics show is not true.

On top of that is the fact JASA is a Florida based business. The website is quite clear that they are based in Florida and have a Bahamas operation. If you serve the business in Florida then Florida law may apply, absent a specific jurisdiction and venue clause in a release. Even if there is a release signed by any victim a complaint alleging negligence per se, because of the violation of the regulations may be successful in brining the defendant under Florida law.

Vail found not liable for negligent hiring or actions of a ski instructor

Vail won a trial this past summer brought by the family of a client for negligent hiring. The basis of the claim was an employee of Vail, a ski instructor, took a 17 year old client back to his apartment and allegedly raped her. The ski instructor was found not guilty of rape in a criminal trial but was found guilty of contributing to the delinquency of a minor.

The instructor has an extensive DUI and misdemeanor record. However nothing indicated in his background a propensity for anything other than drinking and recreational drug use. The instructor had an impeccable work record as ski instructor.

For understanding the difference between a criminal act and a civil act see Same facts difference between civil and criminal cases, same reason for using the courts or Another Litigation versus Criminal example

This case, based on the reports helps explain the differences between a criminal act, which is solely the responsibility of the individual and a civil liability which can hold anyone liable for their acts if they are negligent.

At the same time, if you were basing your lawsuit on who caused the injury, wouldn't you sue the ski instructor? You could transfer that anger to the employer, Vail, or you could sue the company because they have more money. Either way, holding Vail liable for the actions of any employee off work seems a little stress. Granted the ski instructor met the 17 year old client while on the job, but…..

2008 National Outdoor Book Awards Winners

National Outdoor Book Awards

http://www.noba-web.org/books08.htm

The National Outdoor Book Awards (NOBA) is a non-profit, educational program. It is not associated with any publisher or publishing interest. No more than two (2) NOBA releases are sent out per year on its email media list.

PRESS RELEASE

Winners of the 2008 National Outdoor Book Awards (NOBA) Announced

Color scans (print quality), an AP style MS Word copy of this release , complete reviews, and other supplementary art work (print or web resolutions) may be downloaded from http://www.noba-web.org/bookrel08.htm. For more information, contact Ron Watters (mailto:wattron@isu.edu)

Quick Summary of Winners. (Some categories have two winners - more details to follow).

• Natural History Literature. Winner. The American Chestnut by Susan Freinkel.
  
• Outdoor Literature. Winner. Forget Me Not: A Memoir by Jennifer Lowe-Anker.
  
• History/Biography. Winner. Grand Obsession by Elias Butler & Tom Myers.
  
• History/Biography. Winner. Fallen Giants by Maurice Isserman & Stewart Weaver.
  
• Classic Category. Winner. Through the Grand Canyon by Ellsworth L. Kolb.
  
• Classic Category. Winner. The Pacific Crest Trail by Thomas Winnett et. al.
  
• Children's Category. Winner. The Pole by Eric Walters.
  
• Nature and Environment. Winner. The Last Polar Bear by Steven Kazlowski.
  
• Nature and Environment. Winner. The Great Lakes by Wayne Grady.
  
• Design and Artistic Merit. Winner. Surfboards by Guy Motil.
  
• Design and Artistic Merit. Winner. Bruce Aiken's Grand Canyon by Susan Hallsten McGarry.
  
• Design and Artistic Merit. Honorable Mention. Soul of the Heights by Ed Cooper.
  
• Nature Guidebooks. Winner. Birds of Peru by Tomas S. Schulenberg, et. al.
  
• Outdoor Adventure Guidebook. Winner. Florida Keys Paddling Atlas by Bill & Mary Burnham.
  
• Instructional Category. Winner. Road Bike Maintenance by Guy Andrews.
  
• Instructional Category. Honorable Mention. Whitewater Kayaking by Ken Whiting & Kevin Varette.
  

General Press Release:

2008 NATIONAL OUTDOOR BOOK AWARD WINNERS ANNOUNCED

Pocatello, Idaho - A stubborn band of optimists who fought and refused to let the magnificent American chestnut tree slip into extinction. One man's life-long obsession with hiking the hidden-away corners of the Grand Canyon. A young mother rebuilding her life after the death of her husband in a mountaineering accident.

These are some of the themes found among the winners of the 2008 National Outdoor Book Awards (NOBA).

"What a year it was," said Ron Watters, professor emeritus at Idaho State University. "The writing in the outdoor field has always been good, but it just keeps getting better -- and this year it was outstanding." Watters is the chairman of the National Outdoor Book Awards, a non-profit program sponsored by the NOBA Foundation, Idaho State University and the Association of Outdoor Recreation and Education.

As an example of outstanding writing, Watters points to the winner of the Natural History category, American Chestnut: The Life, Death, and Rebirth of a Perfect Tree. Authored by nature writer Susan Freinkel, it tells the story of the American chestnut tree which at one time stretched in vast numbers from Georgia to Maine.

The American chestnut tree had long been a part of the landscape of eastern US, but in a short forty year time span, an estimated four billion trees were killed off by an imported blight fungus. Only a handful of trees remained in California and the Pacific Northwest. In an absorbing mix of natural and human history, Freinkel chronicles the century-long struggle by a few individuals who set out to save this American cultural icon.

A beautifully composed memoir won the Outdoor Literature category. Written by Jennifer Lowe-Anker, Forget Me Not: A Memoir tells of the struggle to rebuild her life after her husband and famous mountaineer, Alex Lowe dies on an expedition in the Himalayas. Remarkably candid, it's a story of adventure, passion, and hope reborn.

The History-Biography Category has two winners. One is a new, exhaustively researched but eminently readable Fallen Giants: A History of Himalayan Mountaineering by By Maurice Isserman and Stewart Weaver.

The other is entitled Grand Obsession. Written by Elias Butler and Tom Myers, it is the biography of Harvey Butchart, an author of Grand Canyon hiking guidebooks. Butler and Myers do wonders with this book, taking what seems at first glance a prosaic subject, and fashioning it into a fascinating portrait of a man hopelessly addicted to a place.

Complete reviews of these and the other 2008 winners may be found at National Outdoor Book Award Web site at: www.noba-web.org.

Here is a list of winners.

• Natural History Literature. Winner. The American Chestnut: The Life, Death, and Rebirth of a Perfect Tree. By Susan Freinkel. University of California Press, Berekely. ISBN 9780520247307
  
• Outdoor Literature Category. Winner. Forget Me Not: A Memoir. By Jennifer Lowe-Anker. The Mountaineers Books, Seattle. ISBN 1594850828.
  
• History/Biography Category. Winner. Grand Obsession: Harvey Butchart and the Exploration of the Grand Canyon. By Elias Butler and Tom Myers. Puma Press, Flagstaff, AZ. ISBN 0970097344.
  
• History/Biography Category. Winner. Fallen Giants: A History of Himalayan Mountaineering from the Age of Empire to the Age of Extremes. By Maurice Isserman and Stewart Weaver. Yale University Press. New Haven. ISBN 9780300115017.
  
• Classic Category. Winner. Through the Grand Canyon from Wyoming to Mexico. By Ellsworth L. Kolb. Grand Canyon Association, Grand Canyon, AZ. (Originally published by MacMillan in 1914). ISBN 0938216961
  
• Classic Category. Winner. The Pacific Crest Trail (Series). In three volumes: Southern California, Northern California and Oregon &Washington. Authors include Thomas Winnett, Ben Schifrin, Jeffrey Schaffer, Ruby Johnson Jenkins, and Andy Selters. Wilderness Press, Berkeley. ISBN's: 9780899973166, 9870899973173, 9780899973753.
  
• Children's Category. Winner. The Pole. By Eric Walters. Puffin Canada/Penguin Group, Toronto. ISBN 9780143167914.
  
• Nature and the Environment. Winner. The Last Polar Bear: Facing the Truth of a Warming World. Photographs by Steven Kazlowski. Braided River Books, an imprint of The Mountaineers Books, Seattle. ISBN 9781594850592.
  
• Nature and the Environment. Winner. The Great Lakes: The Natural History of a Changing Region. By Wayne Grady. Greystone Books, Vancouver. ISBN 9781553651970.
  
• Design and Artistic Merit. Winner. Surfboards by Guy Motil. Falcon Guides, Guilford, CT. ISBN 9780762746217.
  
• Design and Artistic Merit. Winner. Bruce Aiken's Grand Canyon: An Intimate Affair. Paintings by Bruce Aiken. Text by Susan Hallsten McGarry. Grand Canyon Association, Grand Canyon, AZ. ISBN 9780938216933
  
• Design and Artistic Merit. Honorable Mention. Soul of the Heights: 50 Years Going to the Mountains. Photographs and text by Ed Cooper. Falcon Guides, Guilford, CT. ISBN 9780762745272
  
• Nature Guidebooks. Winner. Birds of Peru. By Tomas S. Schulenberg, Douglas F. Stotz, Daniel F. Lane, John P. O'Neill, and Theodore A. Parker III. Princeton University Press, Princeton. ISBN 9780691049151.
  
• Outdoor Adventure Guidebook. Winner. Florida Keys Paddling Atlas. By Bill and Mary Burnham. Falcon Guides, Guilford, CT. ISBN 9780762738571.
  
• Instructional Category. Winner. Road Bike Maintenance. By Guy Andrews. Falcon Guides, Guilford, CT. ISBN 9780762747467.
  
• Instructional Category. Honorable Mention. Whitewater Kayaking: The Ultimate Guide. By Ken Whiting and Kevin Varette. Heliconia Press. Beachburg, Ontario. ISBN 9781896980300.
  

More information on the awards program is found on the National Outdoor Book Award website at: www.noba-web.org.

# # #

Scouts retain right to exclusive use of trademark

The Boy Scouts of America sued a California man over the use of the word Scouts. The defendant had started an organization called YouthScouts. The judge in the case upheld the BSA claim stating the charter granted by Congress in 1916 gave exclusive right to the use of the word "Scout" to the BSA. Because the organization attempting to use the word was also a youth group there would be a significant likely hood of confusion.

The defendant had started a youth group which was using Scouting similarities when his daughter was not allowed to join the Boy Scouts of America and he was unsatisfied with the Girl Scouts of America.

The BSA right to use of the word was exclusive to the BSA because of their trademark of the word Scout. The word also has special meaning, as evidenced by the attempt of politicians who always want a Scout in uniform standing behind them on TV. Scout like in society today means industrious, honest and always there to help.

Many people may look at this as a big organization giving a small one a hard time. But besides the real issue of confusion, the law concerning trademarks requires that you defend you trademark or lose it. Most companies have spent thousands of not millions of dollars developing trademarks you must sue or lose your investment.

See Judge nixes use of 'scouts' for coed youth club

The 21st NERR Symposium

Saturday, March 28^th to Tuesday, March 31^st, 2009

Now in its 21^st year, the Northeastern Recreation Research (NERR) Symposium offers an unparalleled opportunity for individuals representing the governmental, educational and private sectors to share scientific knowledge, management experience and techniques; and positively influence the recreation management and tourism profession. Maintaining our tradition, this year's meeting will take place once again at The Sagamore – a historic island resort located on west shore of Lake George in the Adirondack region of New York.

Abstracts: Abstracts for oral presentations or posters are welcome on the following topics:

* Natural resource management

* Historical/cultural resource management

* Emerging and existing trends

* Measurement and forecasting

* Travel and tourism

* Sustainable tourism

* Human dimensions

* Policy development and planning

* Management application

* Methodological & theoretical development

Abstracts should be submitted no later than Friday November 14th, 2008. All abstracts need to be submitted using the online abstract submission interface available at the conference website: www.esf.edu/nerr.

Abstracts should be 500 words or less and based on work that will be completed before the conference. Abstracts can be based on any type of data (e.g., surveys, experiments, content or historical analysis). Each abstract should provide a clear statement of the problem or objectives, give a brief description of the methods and substantive results, and end with a clear conclusion. Abstracts that describe proposed research are encouraged and will be reviewed and considered for inclusion in the poster session.

Roundtable Discussions: Once again the symposium will feature a series of Roundtable Discussions designed to get conference attendees together to share information, ideas, best practices, and research insights involving a current topic. Thus far, three Roundtable Discussion Sessions have been proposed for the 2009 conference:

* Sustainability & Climate Change – Kelly Bricker (Univ of Utah) & John Confer (California Univ of PA)

* Urban Recreation: Challenges & Initiatives – Dave Klenosky (Purdue Univ) & Lynne Westphal (USFS)

* Private Lands & Recreation Access – Walt Kuentzel (Univ of Vermont)

Additional Roundtable Discussion and Management Sessions can be suggested. Please submit ideas for these sessions using the online abstract submission interface available at the NERR website.

Conference Proceedings: Conference attendees will have the opportunity to submit a seven-page paper based on their presentation, poster, or roundtable discussion. These papers will be published in a Forest Service technical report that will be available online thru the NERR and FS websites.

Student Scholarships: Students are also encouraged to apply for conference scholarships (i.e., an award to cover the cost of conference registration) which are funded in part by Venture Publishing and a raffle held at the conference). Interested students (both undergraduate and graduate) should email a one-page letter (as an attached MS Word file) to the NERR Conference Chair that describes how their academic and professional interests will be enhanced by the Symposium. Along with that letter, applicants should include (as an attached MS Word file) a letter of recommendation from one faculty member. Requests for scholarships must be received by email no later than November 7, 2008. Students will be notified by email on January 5, 2009.

Thanks!

David B. Klenosky, Ph.D.

NERR 2009 Conference Chair

Department of Health & Kinesiology

Purdue University

West Lafayette, IN 47907-2046

(765) 494-0865

Email: klenosky@purdue.edu

Notice: Ski Binding Indemnification Program 08-09 Ski Season

From the National Ski & Snowboard Retailers Association

You may have received the 2008-09 Ski Bindings Indemnification List recently, either in printed or electronic format (or both). VIST provided a list of the bindings they said would be covered under their program. Several people have indicated to me that they are not certain that the insurance that VIST says it has will protect U.S. shops. I have asked VIST to clarify this issue, but I have not heard back from them. As soon as I get additional information, I will let you know. Tom

Thomas B. Doyle, President
National Ski & Snowboard Retailers Association
1601 Feehanville Drive, Suite 300
Mt Prospect IL 60056
847.391.9825 (phone) 847.391.9827 (fax)
e-mail: tdoyle@nssra.com www.nssra.com

Betty van der Smissen

Betty van der Smissen died early this morning. I've posted information about a research endowment in her name through the Association of Experiential Education and her funeral information below at Very Sad News about a Founder in Outdoor Recreation Law.

I met better 18 years ago at a conference. I had just read her three volume set of books, Legal Liability and Risk Management for Public and Private Entities. I had read them cover to cover because it was a treatise on the issues I was litigating. We were having a great discussion and I mentioned a reference in her book. As the discussion continued, she said "We'll you said you've read my books, you know then there is a case with a one sentence release." I was clueless. I guessed at a couple of cases and she would not tell me the answer. I then guessed Blide v. Rainier Mountaineering Inc. and she said I was right. I have no idea why I guessed Blide, but I am ever so thankful I did. However Betty also knew I was guessing.

I argued with her because I thought the release in Blide was more than one sentence. Again I got a professor statement, "look it up." I still don't agree with her on that point, but I value the lesson I learned. One of which was not to tackle a discussion with Betty unless you were well prepared!

I've never forgotten that case or Betty. We spent a lot of time together at conferences and on the telephone over the next 18 years. We argued passionately about several legal issues, the number one being standards. She felt it was necessary to have standards so people could have something to follow. I, from a litigation background believe standards are usually followed by the plaintiff's to start litigation. I could make her get passionate about the issue, but we always enjoyed the arguments.

I asked her if she was ever going to move again when she recently moved to Arkansas. She said no, but mainly because she had run out of friends to help move her books. She had the library on recreation law. But she did not stop there. Her research and writing expanded into all aspects of outdoor and experiential education.

A couple of years ago I had misplaced Volume III of Legal Liability and Risk Management for Public and Private Entities. I was heartbroken more because I had lost a book of a good friend much more then losing a valuable book. A little more searching put all three volumes together again with great relief.

Each discussion, each conversation, each time I spent with her was educational and fantastic. Each discussion made me work hard and with a great big grin on my face because I knew she enjoyed the discussions also.

We shall all miss Betty. She was the first to look at the legal issues of recreating outside and the first to research the issue. She is leaving a big hole in my world which will not be filled. We owe her a big Thank You for her work, her dedication, her devotion to her students, her friends and her discipline

 

 

Blide V. Rainier Mountaineering, Inc., 636 P.2d 492, 30 Wn. App. 571 (1981). The one sentence release is "In consideration of, and as part payment for, the right to participate in such mountain trips or other activities and the services and food arranged for me by RMI I have and do hereby assume all the above mentioned risks and will hold them harmless from any and all liability, actions, causes of action, debts, claims, demands of every kind and nature whatsoever which may arise out of or in connection with my trip or participation in any activities arranged for me by RMI." Although I still think the sentence following was instrumental in the court's decision. J

Very Sad News about a Founder in Outdoor Recreation Law

"It is with sadness that I report that Dr. Betty van der Smissen died this morning at 4:30 from cancer. She worked and was involved in the profession right up to the last week of her life. She has made huge contributions to the field and has touched the lives of many of you. If you would like to make a memorial gift in her honor, a research endowment in her name has been established through AEE (Association of Experiential Educators). I have attached the brochure for all those who may be interested."

The Association of Experiential Education has set up a Research Endowment in Betty's name:

Dr. Betty van der Smissen

For more than 50 years, Dr. Betty van der Smissen has dedicated her professional life to excellence in research and programming in the out-of-doors and to the professional organizations related to the outdoors.

Selected Aspects:

• Her early experiences in outdoor programming were with church camps. She was an early member of Christian Camping International.
  
• She was the first research chair on the American Camp Association (ACA) national board and served as president. She conducted research on the ACA camp standards that resulted in the first major revision.
  
• She worked with the American Association for Health Physical Education & Dance (AAHPERD) outdoor programs beginning with the Council on Outdoor Education.
  
• She attended the second meeting, in St. Louis, of what became the Association for Experiential Education (AEE), served on AEE's original bylaws committee, and assisted in the development of the AEE Accreditation Program.
  
• Her university leadership with outdoor programs has helped shape the development of outdoor research and programming.
  
• She was the first director of the outdoor field campus at the University of Iowa, where she conducted outdoor education programs.
  
• Worked with the Stone Valley Outdoor Education Center at Penn State and conducted two national symposia on outdoor research and evaluation.
  
• Directed more than 100 theses and dissertations related to outdoor topics.
  
• Worked closely with a Japanese doctoral student who became the national leader for outdoor education in Japan.
  

Dr. van der Smissen's dedication to encouraging and supporting outdoor research has resulted in defining career paths for many professionals and enhanced programs and experiences for untold numbers of individuals.

To continue Dr. van der Smissen's support of and to further research related to outdoor benefits, the AEE has created an endowment in her name:

van der Smissen Research Endowment

Quality outdoor programming that makes a difference in the lives of children and adults rests with our ability to assess and validate its benefits through research.

Grants will be awarded for areas of research involving:

• outdoor programming in adventure, challenge, and experiential programs
  
• organized camping
  
• environmental education
  
• legal aspects related to outdoor programming
  

Research selected will focus on:

• benefits and outcomes
  
• attitudes
  
• interests
  
• good practices
  
• experimental design of exemplary programs
  

Make a tax-deductible contribution to the AEE van der Smissen Research Endowment by completing the form below and returning it to:

AEE van der Smissen

Research Endowment

3775 Iris Avenue, Suite 4

Boulder, CO 80301­2043

Your contribution will:

• Honor the invaluable contributions Dr. van der Smissen has made to the profession over a lifetime.
  
• Emulate her belief in the importance of "giving back" professionally.
  
• Demonstrate your belief in the importance of quality outdoor programming to human development.
  

Please make checks payable to: Association for Experiential Education, indicating van der Smissen Research Endowment in the memo line.

Funeral Arrangements

Please pass on this information to anyone you think might like to know. Dr. van der Smissen's viewing will be Sunday, November 9 from 5:00-7:00 pm, and funeral will be Monday, November 10 at 1:00, both at Moore's Funeral Home, 206 W. Center St. in Fayetteville, AR. There will be a second service in Newton, Kansas where she will be buried on November 13.

For anyone who may be coming from out of town to Fayetteville, if you let me know, I can help you make hotel arrangements, etc. The best airports are XNA (Northwest Arkansas) or Tulsa, which is 2 hours and 15 minutes away. Thank you for your support and concern for Betty and her family. She will be missed by our profession.

Merry Moiseichik, ReD, J.D.

1 University of Arkansas

HPER 308S

Fayetteville, AR 72701

Work Phone 479-575-2870

Fax 479-575-5778

Ski Resorts ban Burton Snowboards because of the Graphics

Several ski resorts have banned employees from using two different lines of Burton Snowboards while on the job. The Love line has a former Playboy model on it and the Primo line shows a cartoon character mutilating himself.

The resorts have the right to do this because they are a private organization/business and have the right to restrict service or what their employees wear. Similar to the requirement that an employer will require an employee to wear a specific uniform the employer has the right to tell an employee not to wear or in this case ride a specific board.

At present three eastern resorts and Vail Resorts 5 ski areas are banning the specific boards.

See Lawyers: Burton ban legal

Several Ski and Snowboard shops are also not going to sell the controversial boards. Ski Shops Won't Sell Controversial Snowboards

It is one way to get press for you company.

American Therapeutic Recreation Association

Founded in 1984

Annual in Therapeutic Recreation - Volume 18

Call for Manuscripts

The American Therapeutic Recreation Association is pleased to invite the submission of manuscripts for the Volume 18 of the Annual in Therapeutic Recreation, the official research journal of the association. The purpose of the Annual is to further advance the body of knowledge of the therapeutic recreation profession by creating new knowledge and understandings in practice and in education. The Annual publishes a wide range of original, peer-reviewed articles such as

• Evidence-based practice/Empirical studies
  
• Systematic reviews
  
• Application of theories or models to practice and education
  
• Program or service evaluations/Case studies
  
• Methodological reviews
  
• Current issues and trends in service delivery or education
  
• Innovations in service delivery or education
  
• Practice protocols
  

  Announcement of Special Section -
  

  Outcomes-Based Research in Therapeutic Recreation
  

A special section devoted to research and scholarly discussion about client outcomes in therapeutic recreation practice. Example of appropriate submission include:

• Data-based research and/or systematic reviews on evidence-based practice in providing therapeutic recreation services to individuals with conditions such as dementia, substance abuse, obesity, depression, spinal cord injury, uncontrolled pain, and the like.
  
• Data-based research about the status of practice outcomes in the field.
  
• Scholarly discussions assessing the current state of affairs and/or the future of therapeutic recreation practice outcomes.
  

All manuscripts will be processed through the standard review procedure and undergo anonymous peer reviews.

Anonymous Review

The Editor will accept for anonymous review unpublished manuscripts suitable for the Annual. While a manuscript is under review, it may not be submitted to another journal. Typical review time is 10 to 12 weeks. Authors must prepare manuscripts according to the Publication Manual of the American Psychological Association (5^th ed.). Manuscripts not adhering to the APA Manual will be returned to the authors without review. The Instructions for Authors is attached to this Call. Manuscripts must be submitted electronically as ONE Word attachment to an email. The Editor will acknowledge receipt of manuscripts within 3 business days; authors should contact the Editor if acknowledgement has not been received within that time frame.

For further information you may contact the Editor:

Norma J. Stumbo, Ph.D., CTRS

ATRA Annual Editor

nstumbo@uiuc.edu or njstumbo@gmail.com

(309) 454-4582

Annual in Therapeutic Recreation - Volume 18

Instructions for Authors

1. Only those manuscripts that fit the purpose of the ATRA Annual in Therapeutic Recreation will be reviewed for publication.

2. Authors are required to use inclusive language, that is avoid in their manuscripts language that could be construed as sexist, racist, or biased in other ways. For more specific guidelines, see pages 61-76 in the APA Manual (5^th ed.).

3. Authors should remove all identifying information on the electronic file. For some operating systems, this can be accomplished in the "Properties" pull down menu.

4. All pages must be double-spaced on 8.5 x 11 inches paper, with 1" (2.54 cm) margins for every page. Font sizes of 10, 11, or 12 are acceptable; Times New Roman is the preferred font style. Maximum manuscript length is 20-25 pages, including references and tables/figures. Manuscripts must be in English.

5. All pages must be numbered consecutively in the upper right hand corner; the title page numbered page 1, the abstract page numbered page 2, with the text starting on page 3.

6. The title page (page 1) must include: Article title; Author(s) names, credentials, and employment settings. Indicate which of the author(s) is the corresponding author, giving full contact information. Include a short biographical sketch of each author, including all professional and academic credentials, limiting each to 50 words.

7. The abstract page (page 2) must contain the article title and a 200-250 word abstract. No information about the authors should be included on this page.

8. The manuscript should begin on page 3.

9. All authors must follow the APA Manual (5^th ed.) including:

• In text referencing, page 217
  
• Citations on a reference list, page 240
  
• Tables, page 147
  
• Figures, page 176
  

10. Authors must ensure and include in their manuscript approval by institutional review committees and/or human subject protection boards, if appropriate.

11. Manuscripts must be submitted electronically. The Editor will acknowledge receipt of manuscripts within 3 business days; authors should contact the Editor if acknowledgement has not been received within that time frame. Authors should keep a copy of the manuscript to guard against loss.

12. For further information you may contact the Editor:

Norma J. Stumbo, Ph.D., CTRS

ATRA Annual Editor

nstumbo@uiuc.edu or njstumbo@gmail.com

(309) 454-4582

Important APA Style Issues:

Submit Practice Protocols by February 14, 2009 electronically to:

Peg Connolly, Ph.D., CTRS

ATRA Annual Protocol Editor

mconnolly@email.wcu.edu

(828) 227-7360

Lawsuit is coming, Anger has not subsided

An alleged fault aids in creating basis for dealing with anger

Numerous stories have been reported by WKBW TV of Buffalo New York over the death of a young girl who fell in a river on a field trip at a "summer camp." The summer camp was allegedly not licensed by the state to operate as a summer camp.

The field trip occurred by the Niagara River where the 12 year old girl fell into the river. Her body was not found for several days.

The TV station reports have focused on the families repeated statements about demanding justice. The case is also gaining headlines because the district attorney is looking into the case. The district attorney has still not filed charges in the case.

The TV station has filed five stories over the incident and the word justice was a key word in three of the five articles and two of the five headlines. However a civil lawsuit is not going to give the families justice.

The family believes, like most Americans that the court system can solve all problems. It can't. The courts in 99.9% of the cases can only move money from one side of the courtroom to the other, or in some cases prevent the movement of money. The courts cannot provide justice, answers, satisfaction, relief, absolution or help anyone overcome the loss of a loved one.

However a good plaintiff's attorney can convince the family that justice is achieved if money is received. Besides, by the time a settlement or trial occurs the family will be so tired and destroyed that anything to get the case over can be turned into justice. See Litigation costs a lot of money.

Money is not justice, especially in a civil lawsuit. Most times the money comes from an insurance company who cares, at best about the loss, but cares more about the money. So the defendant feels little pain, other than the time and energy to defend the litigation.

Another issue will be tying the failure to obtain state licensing to the loss of the child. It is not negligence to not be licensed. It may be negligence per se, but that still may not relate back legally. What the plaintiff's attorney must do is find a section of the licensing that would have, if licensed, prevented the girl's death.

However that will not have to be done well or soon. Breaching a state regulation or statute can always be claimed to be a breach of the standard of care, the first step in proof of negligence. Whether or not the plaintiff's attorney will be able to tie the legal connection together will depend on how well the connection can be made, how much money it takes to fight the lawsuit, and whether the attorney can convince a jury that the emotional issues out weight the legal issues.

Not one of those steps really deals with the point. Did the defendant do something wrong. That answer will answer the question in the end as to whether the family receives the justice it is seeking.

See (in reverse chronological order) Family of NYC Girl Plan to File Lawsuit, Family of Falls Drowning Victim Demands Justice, Girl Who Drowned in Niagara River, Laid To Rest, Body Identified as Missing NYC Girl, and Parents of Missing Girl Seek Justice.

NEW JOURNAL LAUNCHED BY AORE, WEA, AND WKU RESEARCH FOUNDATION

New Journal Launched by AORE, WEA, and WKU Research Foundation

The Association of Outdoor Recreation and Education (AORE), the Wilderness Education Association (WEA), and the Western Kentucky University Research Foundation (WKURF) launched the Journal of Outdoor Recreation, Education, and Leadership (JOREL) earlier today in San Diego, California at the 22nd Annual AORE Conference on Outdoor Recreation and Education. The three organizations have teamed together to create and manage this new peer-reviewed publication located at http://www.ejorel.com/. This announcement included the inaugural "Call for Papers."

The journal's mission is to improve outdoor recreation, education, and leadership through the publication and dissemination of peer-reviewed manuscripts centered on professional practice, research, and theoretical discussions. Manuscript submissions are encouraged from authors inside and outside of academia to help improve research and practice with a goal of reducing the disparity between the two in the represented disciplines.

Relevant topic areas (centered on outdoor recreation, outdoor education, or outdoor leadership) for the journal include, but are not limited to: outdoor recreation, adventure recreation, outdoor education, outdoor leadership, pedagogy, administration, programming, risk management, wilderness medicine, certification, participant behavior, trends, diversity, training, and outcomes. Manuscript submission guidelines are found on the journal's website.

The founding journal advisory council (representing AORE, WEA, and WKURF) includes: Raymond Poff, Ph.D., Western Kentucky University; Tom Stuessy, Ph.D., Green Mountain College; Eric Frauman, Ph.D., Appalachian State University; Marni Goldenberg, Ph.D., Cal Poly, San Luis Obispo State University; Bruce Martin, Ph.D., Ohio University; and Connie Foster, MLS, Western Kentucky University.

The Editor-in-Chief is Aram Attarian, Ph.D., of North Carolina State University. Raymond Poff, Ph.D., Western Kentucky University will serve as the journal's Managing Editor.

The journal, hosted at WKU, uses resources available through TopSCHOLAR™ http://digitalcommons.wku.edu/ a University-wide, centralized digital repository dedicated to scholarly research, creative activity and other full-text learning resources that merit enduring and archival value and permanent access. TopSCHOLAR™ uses the Digital Commons platform from Berkeley Electronic Press http://www.bepress.com

The Association of Outdoor Recreation and Education (AORE) http://www.aore.org/ provides opportunities for professionals and students in the field of outdoor recreation and education to exchange information, promote the preservation and conservation of the natural environment, and address issues common to college, university, community, military, and other not-for-profit outdoor recreation and education programs.

The Wilderness Education Association (WEA) http://www.weainfo.org/ promotes the professionalism of outdoor leadership through establishment of national standards, curriculum design, implementation, advocacy, and research driven initiatives.

The Western Kentucky University Research Foundation (WKURF) http://ored.wku.edu/ is organized to support Western Kentucky University efforts to promote the development, implementation, and coordination of extramurally sponsored programs involving research, instruction, public service, and to legally protect, manage and commercialize intellectual property resulting from research, scholarship and creative activities on behalf of Western Kentucky University.

For information, contact Dr. Raymond Poff at (270) 745-2498.

CONTACT:

Dr. Raymond Poff

(270) 745-2498

raymond.poff@wku.edu

www.wku.edu/perec/

www.ejorel.com