Podcast appearances and mentions of john nix

On this day in 1893, the U.S. Supreme Court ruled in the case of Nix v. Hedden that tomatoes are vegetables, not fruits.See omnystudio.com/listener for privacy information.

Joining Alexa this week to discuss all things vibrato is Professor of Voice and Voice Pedagogy and Chair of Voice at the University of Texas at San Antonio, John Nix. John is a voice researcher himself, and his mentors include Barbara Doscher and Ingo Titze. John has produced 50 published articles and eight book chapters, co-chairs the Voice Science Advisory Committee, and serves on both the Journal of Singing and the Rowman and Littlefield/NATS book editorial boards. KEY TAKEAWAYS Vibrato encompasses several components. Firstly, it involves the rhythmic modulation of the fundamental frequency, which translates into changes in perceived pitch. Secondly, it includes fluctuations in amplitude, affecting the perceived loudness or intensity. Lastly, vibrato introduces variations in timbre as harmonics traverse the resonant frequencies associated with vowel sounds, resulting in shifts in tonal quality. The rate of vibrato refers to how frequently the frequency oscillates, essentially measuring the speed of those pitch variations. Extent quantifies the range by which the pitch rises and falls, indicating the breadth of the oscillation. Vibrato jitter assesses the regularity of these cycles, gauging the consistency in the rate of vibrato. A regular, stable vibrato with moderate extent and rate indicates a singer's improved balance and control, reflecting refined vocal technique and skill. Respiratory Vibrato originates from variations in the breath pressure from the lungs controlled by singers managing their diaphragm to create fluctuations in airflow. Abdominal Vibrato is produced by controlled abdominal muscle contractions. Laryngeal Vibrato occurs due to oscillations in the tension of the vocal cords themselves.   BEST MOMENTS   ‘Vibrato extent is measured in cents not hertz because that confuses it with rate' ‘The vibrato esthetic has become more international than regional over time' ‘Heightened emotion imprints itself upon our voice through the tremulousness' ‘It's easier to target something slower than your natural rate'   EPISODE RESOURCES Website: https://www.johnnixvoiceteacher.com/ Contact John Directly! Nix@utsa.edu Relevant Links & Mentions: Research/Researchers mentioned: Carl Seashore; Ingo Titze; Joshua Glasner; Iwata & Large; Thomas Shipp; Paul Patinka; King & Horii; C. Dromey; Dr Jenevora Williams; David Howard; Graham Welch; Eric Prame; Randy Wooding Voce Vista: https://www.vocevista.com/ Journal of Singing: https://www.nats.org/cgi/page.cgi/about_journal_singing.html (Article) Shaken, Not Stirred: Practical Ideas for Addressing Vibrato and Non Vibrato Singing in the Studio and the Choral Rehearsal by John Nix Oren Brown   ABOUT THE GUEST John Nix is Professor of Voice and Voice Pedagogy and chair of the voice area at the University of Texas at San Antonio.  His mentors include Barbara Doscher (singing, pedagogy) and Ingo Titze (voice science).  Current and former students have sung with the Santa Fe, Arizona, Chautauqua, St. Louis, Nevada, Omaha, Utah Festival, and San Antonio opera companies, and two have served as NATS Intern Program Master Teachers.  In addition to his active voice teaching studio, he performs research in voice pedagogy, literature, and acoustics, having produced 50 published articles and 8 book chapters; he also co-chairs the NATS Voice Science Advisory Committee, serves on The Journal of Singing's editorial board, and serves on the Rowman and Littlefield/NATS book editorial board.   ABOUT THE PODCAST BAST Training is here to help singers gain the knowledge, skills and understanding required to be a great singing teacher. We can help you whether you are getting started or just have some knowledge gaps to fill through our courses and educational events. Website: basttraining.com Get updates to your inbox: Click here for updates from BAST Training Link to presenter's bios: basttraining.com/singing-teachers-talk-podcast-biosThis show was brought to you by Progressive Media

In this episode, John Henny discusses vibrato with voice professor and researcher, John Nix. Episode Highlights: How emotions and physiology affect vibrato Adjusting the speed of vibrato The potential to sing vibrato To know more about John Nix, visit: johnnixvoiceteacher.com To learn more about John Henny, his best-selling books, online courses, Vocal Assessments and Voice Lessons with his Teaching Team of Experts, Speaker Training, and the Contemporary Voice Teacher Academy, visit: JohnHenny.com.

The man, the myth, the legend! John Nix, The VOICE of US!! He is an amazing guy that has seen and done it all! Come take a listen as we get the pleasure to dive into his story! What an honor we had tonight!

#VocalFam we've officially been together for 200 episodes!!! Very hard to believe. Thank you to each of our #VocalFam who sent us shoutouts! Tune in to hear from many favorite guests from the past 5 1/2 years including Ken Bozeman, Joanne Bozeman, Nancy Bos, Heidi Moss Erickson, Carole Blankenship, John Nix, Caitlin Moore, Em2 Connect: Emily Martin and Elizabeth McDonald, Norman Spivey, Mary Saunders Barton, Leda Scearce, Wendy LeBorgne, Jonathan Price, Jenevora Williams, Joshua Glasner, Alex Carôt, Noel Smith, Ian Howell, and regular recurring guest star Yvonne Redman. Thank you to all our listeners over these past 200 episodes. We're only just getting started!

VocalFam, we are joined by our friends Lynn Helding, John Nix, and Allen Henderson to tell us about this summer's inaugural NATS Science-Informed Voice Pedagogy Institute being held at Utah State University from June 25-July 1, 2023. Check out the episode and learn more at nats.org.    

#VocalFam! Here is your chance! Your opportunity to make an impact in the lives of young singers and teachers of singing. VocalFri is proud to partner with NATS to bring you this #GivingTuesday event to sponsor the NATS Intern Program. Joining Sarah and Dr. P on the panel were familiar faces Liliana Guerrero, John Nix, Karen Brunssen, along with first time guest Douglas Carpenter. Each has their own special connection to the NATS Intern Program, and each shared with us the value it brings to early career teachers of singing. One NATS Intern Program travel stipend can be sponsored in full by an annual donation of $375. If that seems to high for you, would you consider donating just ONE LESSON FEE to any of the amazing funds listed below. Come join the #VocalFam and help us crowd source this tremendous opportunity for the next generation of voice teachers!   Intern Grants Fund Barbara Doscher Endowment  Master Teacher Grants James C. McKinney Endowment William Vessels Endowment    

A very special episode #VocalFam! You've been hearing us talk about the NATS Science-Informed Voice Pedagogy Resources, but now hear it from the überlords themselves. We were joined by Lynn Helding, John Nix, and Allen Henderson, the co-chairs who organized and oversaw the creation of this entire resource. You can view the resources we discuss here. Also there are two great articles mentioned during the podcast. The links to the Rollings-Bigler/Osborne article and the Helding/Meyer article are both included. This is a MUST LISTEN for anyone teaching voice pedagogy!

(Get Surfshark VPN at https://surfshark.deals/MOXIE - Enter promo code MOXIE for 83% off and 3 extra months free!) T-shirt for Ukraine, all proceeds and matching donation to Ukraine Red Cross at yourbrainonfacts.com/merch Who you gonna believe -- me or your lying eyes?  Today we look at court cases where people try to avoid taxes by arguing that things aren't the things that they clearly are. 00:50 Tomato 08:18 Jaffa Cakes 17:48 Hydrox vs Oreo 37:40 X-Men Links to all the research resources are on the website. Hang out with your fellow Brainiacs.  Reach out and touch Moxie on Facebook, Twitter,  or Instagram.  Become a patron of the podcast arts! Patreon or Ko-Fi.  Or buy the book and a shirt. Music: Kevin MacLeod,  Want to start a podcast or need a better podcast host?  Get up to TWO months hosting for free from Libsyn with coupon code "moxie."   We like labels, as humans we like labeling things.  Taxonomy is the branch of science concerned with classification and there used to be several inconsistent and sometimes conflicting systems of classification in use.  Then came Carl Linneaus and his influential “Systema Naturae” in 1735, laying down the system we use to this day.  Linnaeus was the first taxonomist to list humans as a primate, though he did classify whales as fish. Years later, a New York court agreed with him.  My name's… D&D Stats Explained With Tomatoes Strength is being able to crush a tomato. Dexterity is being able to dodge a tomato. Constitution is being able to eat a bad tomato. Intelligence is knowing a tomato is a fruit. Wisdom is knowing not to put a tomato in a fruit salad. Charisma is being able to sell a tomato based fruit salad.   TOMATOES So that's more clear, but it raises a rather mad –and for some, maddening– question: Is the tomato a fruit or a vegetable?  Well, yes, it's both, but actually no.  Botanically, it's a fruit. But legally, it's not.  A fruit is technically the seed-bearing structure of a plant whereas a vegetable can be virtually any part of the plant we eat.     Things must have been slow in March of 1893, because this definition was set by the Supreme Court.  The issue at hand was tariffs, specifically a 10% tariff on the import of vegetables into the United States.  Just veggies.  Imported fruits were not.  This was of particular interest to John Nix of Manhattan.  He ran a produce wholesale business along with his four sons and found himself the proud owner of an enormous tax bill on a shipment of Caribbean tomatoes.  John Nix & Co. were one of the largest sellers of produce in New York City at the time, and one of the first companies to bring the Empire state produce from such far-flung places as Florida and Bermuda.  Nix disputed the tax on the grounds that tomatoes were scientifically-supportably fruit.  Full of seeds, ain't they?  That's the part that seems to turn grown adults into fussy toddlers when their burger has a tomato despite their very clear instructions.  Worse than the anti-pickle crowd.  Anyway, Nix filed a suit against Edward L. Hedden, Collector of the Port of New York, to get back the tax money he'd been forced to pay under protest.    The crux of Nix's case was the opening of an uninspired speech -  counsel read the definitions of the words "fruit," "vegetables," and tomato from Webster's Dictionary, Worcester's Dictionary, and the Imperial Dictionary.  Judgment for the plaintiff, case closed!  But wait, there's more.  Not to be outdone, defendant's counsel then read into evidence the Webster's definitions of the words pea, eggplant, cucumber, squash, and pepper.  Oh, it's on now! Countering this, the plaintiff then read in the definitions of potato, turnip, parsnip, cauliflower, cabbage, carrot and bean.  That's when, I assume, all hell broke loose in the courtroom and perhaps a giant musical number broke out.  Just trying to jazz it up a bit.  Nix's side called two witnesses, not botanists or linguists, but men with a lot of years in the fruit & veg business, to say whether these words had "any special meaning in trade or commerce, different from those read."   The supreme court decided to look more practically and less pedantically at the situation and ruled that it's how a tomato is used that makes it a vegetable, not the official scientific definition.  If people cook and eat them like vegetables, then vegetables they must be, and so they were subject to the tariff.  “Botanically speaking, tomatoes are the fruit of a vine, just as are cucumbers, squashes, beans, and peas,” wrote Justice Horace Gray in his 1893 opinion. “But in the common language of the people, whether sellers or consumers of provisions, all these are vegetables.”     What was really important about Nix's case was the timing.  We're talking late Victorian, after the age of sail had been obviated by the steam power of the industrial revolution.  You might have heard about it, it was in all the papers.  Ships could now cross the Atlantic in 1-2 weeks, rather than the 6-12 weeks it took in a century prior.  Foods from the tropics could now reach New England in a week or less, making their import a viable option.  This was when bananas went from being expensive oddity to must-have trend to staple of every grocery store, though that was the Gros Michelle banana, the one our fake banana flavor is based on, not the Cavendish banana we eat today, but that's a topic for another show.  To service the evolving tastes of urban population, a new class of national wholesalers, such as the Nixes, were born.   The tomato's identity crisis was far from settled, though.  In 1937, the League of Nations, precursor to the UN, sought to classify various goods for the purpose of tariffs and they too labeled tomatoes a veggie, putting them under the heading of “vegetables / edible plants / roots and tubers.”  Not to be left out, the U.S. Department of Agriculture agreed, citing 1890s Nix v. Hedden case.    But there are always exceptions, hold-outs, outliers, and just plain contrarians.  Tennessee and Ohio made the tomato their state fruit.  If you think that's silly, you might want to swallow your coffee before I tell you the state vegetable of Oklahoma is the watermelon.  I did not care to look into their reasoning.  The European Union went a step further with a directive in December 2001 classifying tomatoes as fruit — along with rhubarb, carrots, sweet potatoes, cucumbers, pumpkins and melons.  It's bad enough all prepackaged fruit bowls have some form of melon in them (which causes me instantaneous reverse peristalsis), but it you gave me a fruit salad and it had cucumbers in it, I have a parking lot and I'll fight you in it.   But I think I'll give the last word to George Ball of the Burpee's seed and plant company: “Are [tomatoes] fruits? Of course,” he said. “Are they vegetables? You bet.”  Though Burpee's does put “vegetable” on the seed packet, so maybe it's not settled after all. JAFFA CAKES Maybe things that grow are too ephemeral for man's taxonomy.  Things are a lot of simpler when we're talking about man-made goods, things that don't grow on trees, and it is only a tragedy that you can't plant an entire orchard of Jaffa cake trees.  For those whose life has not yet contained this job, a Jaffa cake it a little round of dense yellow cake –sponge, as they say in the home counties– with a disc of orange jelly on top enrobed in chocolate.  It.  Is.  So. Good.  You can sometimes find them in big grocery stores like Kroger and Publix if they have a large enough “International” aisle stock Branston pickle along with pad thai sauce and Tajin.   This issue here it again taxes, but this time VAT.  For those that don't speak British, VAT or  Value-Added Tax is “A type of consumption tax that is placed on a product whenever value is added at a stage of production and at final sale.”  Basically sales tax cranked to 11.  VAT is a tax that is paid by everyone involved with the manufacture of a given object or foodstuff, as well as the consumer.  As I go to air, the VAT rate in the UK is 20%.  If you're a UK-based widget-maker, you pay VAT on the price of the raw materials.  When you sell the widgets wholesale to a store, the retailer pays VAT on that sale.  Then, when someone comes into the shop to buy one of your cutting-edge widgets, they pay VAT too.       As with most areas of life, there are exceptions –  a number of things are subjected to a reduced 5% rate and some things are exempt altogether.  The exceptions are for the really necessary things, like mobility aids, menstrual hygiene products, stamps, end of life care, and most food, including cake.  That's some grade A foreshadowing right there.  But some foods are just so wonderful, they absolutely must be taxed and taxed fully.  Such luxury items include alcohol, mineral water, confectioneries and, with the specificity that all governments seem to love, chocolate-covered biscuits.  Regular biscuits are apparently basic essentials.  No, American listeners, not like buttermilk biscuits, because even I'd have to think twice about covering one of those in chocolate.  Whereupon I would do it.  I could make that work.  You're talking to the chick that made a startling good roasted garlic and parmesan ice cream.  No, British biscuits are cookies.  And British listeners, don't at me on soc meds with the definition of biscuit, because you know you're not consistent with it.  The only word that's more confusing is pudding.  Is that a dessert course, a sausage made of 80% blood, a flambeed Christmas dessert, or a suet dough stuffed with beef and veggies and steamed for eight hours?  While I'm on British language, Cockney rhyming slang has got to be the worst thing…   The McVities company had a notion otherwise.  They appealed, prompting a Customs and Exchange VAT tribunal.  Jaffa cakes, they said, shouldn't be taxed at the “most food” 20% rate, but at the 5% rate of chocolate-covered biscuits.  It takes a lot of brass to make that claim when you yourself named the product Jaffa *cakes. [tiktok] origin story] According to the website for Her Majesty's Revenue and Customs, the court first had to establish a legal definition of what made a cake a cake and what makes a biscuit a biscuit, before determining which column Jaffa Cakes belonged in.  Jaffa Cakes were assessed using the following criteria: The product name, ingredients, texture, structure of the product, the size, how the product is sold, and how the product is marketed.   Towards this end, the main arguments on behalf of the office of Customs and Excise were that Jaffa Cakes are the approximate size and shape of biscuits, are stocked on the shelves with the biscuits, and, owing in no small part to McVities' own marketing, people eat them in the sort of contexts biscuit are eaten.    McVities countered by stating that Jaffa Cakes are baked in the manner of cake and of the same base ingredients.  Their master stroke was staleness – cakes go hard as they stale and biscuits go soft.  When Jaffa cakes go stale, and it's hard to imagine them sitting there long enough, they go hard.  McVities actually let a bunch of them out to go stale and brouhght them into court as evidence.  And in a legal tactic I'd like to see more often, McVities baked a big ol' 12-inch version of a Jaffa Cake, to show that if you blew it up to the size of a normal cake, it would just be a cake.    If I were on the other side of it, I might make a big deal over the name, but the judge presiding over the case, Mr D.C Potter, ruled that to be of “no serious relevance” because a product's name often has little to do with its actual function.  In the end, the court decided the Jaffa Cake was, in fact, a cake, and the Irish Revenue Commissioners agreed, though their ruling was based on the Jaffa Cakes' moisture content being greater than 12%.  So no VAT on Jaffa cakes, which means we can buy more of them, hooray!   HYDROX VS OREO In 1882, the entrepreneur Jacob Loose bought a biscuit and candy company that would eventually be known as Sunshine Biscuits, the company that would eventually give us Cheez-its, which my ex-husband went through at least a box of a week, dipping in port wine cheese spread.  About as close as he ever got to a balanced diet.  In 1908, launched the cream-filled chocolate sandwich biscuit known as Hydrox.  The name, he thought, would be reminiscent of sparkling sunlight and evoked an impression of cleanliness (probably because it sounds like a disinfectant).  This was after all only a few years after the Pure Food and Drug Act, before which your canned veggies might be full of borax and your milk be a watered down concoction of chalk dust and cow brains, and you wouldn't know.  Some tellings have it that Hydrox is a portmanteau of hydrogen and oxygen, the elements that make up water, the gold standard of purity.  Meanings aside, the fact that there actually was a Hydrox Chemical Company in business at the time, one that sold hydrogen peroxide and was caught up in a trademark lawsuit at the time over the use of the word “hydrox,” should have given them a hint to maybe go back to committee.  Hydrox chemicals lawsuit, btw, pointed out that the word “hydrox” was already in use for such disparate things as coolers, soda, and ice cream, so maybe Jacob Loose figured the word is out there, might as well use it.   For four years, Hydrox cookies with their lovely embossed flower design made cash registers ring for Sunshine Biscuits.  Then, 90 years almost to the day of this episode dropping, the National Biscuit Company came along –you probably know them by their shortened name, Nabisco– with the launch of three different cookies, the Mother Goose biscuit, the Veronese biscuit, both now lost to history, and the Oreo.  The cookies were very similar, with Oreos even being embossed by the same time of production machine, but Hydrox have a sweeter filling and less-sweet cookie.  Like VHS vs beta, which you can learn more about in the book and audiobook, the newcomer soon came to dominate the landscape, and there's no clear reason why.  Any chocolate sandwich biscuit is offhandedly called an Oreo, no matter how cheap a replica it may be.  It's literally the best-selling cookie in the world now, with $3.28 billion in sales in the U.S. alone.  They sell 92 million cookies per day throughout 100-plus countries under the parent brand Mondelez International.  That ubiquity has led a lot of people to erroneously assume that Oreo is the original and Hydrox is the Mr. Pibb to their Dr. Pepper.  Hydrox did manage to hold onto a cadre of die-hards, especially in areas with significant Jewish populations, because Hydrox were always kosher.  Oreo cream used to be made with lard from pigs and Nabisco would later have to invest a lot of resources into replacing the lard with shortening in the 90's.     Sunshine Biscuits was purchased by Keebler in 1996, who replaced Hydrox with a reformulated product called "Droxies," which 100% sounds like drug slang for a veterinary tranquilizer.  Keebler was acquired by Kellogg's in 2001, and Kellogg's yanked Droxies from the shelves before adding a similar chocolate sandwich cookie to the Famous Amos brand, then discontinued them.  In August 2008, on the cookie's 100th anniversary, Kellogg's resumed distribution of Hydrox under the Sunshine label, a limited distribution, one and done.  Hydrox-heads besieged Kellogg's with phone calls and an online petition, asking that Hydrox be brought back for good, but all for naught.  Less than a year later Kellogg's had removed Hydrox from their website.  “This is a dark time in cookie history,” one Hydrox partisan, Gary Nadeau, wrote, according to the Wall Street Journal. “And for those of you who say, ‘Get over it, it's only a cookie,‘ you have not lived until you have tasted a Hydrox.”  As of the time of writing, I've never had one myself, but I'll see if I can't lay my hands on some before going to air.   Getting my hands on some may be a touch trickier than it should be.  They exist; that's not the issue.  In 2015, entrepreneur Ellia Kassoff, a lover of Hydrox who knew the trick to getting a trademark someone else had allowed to lapse, was able to pick up Hydrox for his own company, Leaf Brands—itself a dormant brand that Kassoff had revived.  Hip to the time, Leaf Brands made Hydrox available on Amazon, so anyone anywhere could get them whenever they wanted (plus two days for delivery).  These new Hydrox weren't going to bow gracefully to the dominant Oreo.  Their website points out that they use real cane sugar instead of high-fructose corn syrup, and no hydrogenated oils, artificial flavors, and GMOs, and warn consumers, "don't eat a knock-off!"  Hydrox are also made in the USA while Mondelez International was laying off U.S. workers.  Sales of Hydrox grew by 2,406 percent from 2016 to 2017, amassing more than $492,000 in sales — clearly, still light-years away from Oreo's overwhelming dominance in the market, but impressive progress nonetheless.   If you ask Leaf Brands, they'd be doing a lot better if not for Mondelez – not out-competing them, deliberately sabotaging them.  This is the hard-to-find bit I alluded to.  In August 2018, Leaf Brands filed a lawsuit against Mondelez International, seeking $800 million in damages because of "lost sales and reputation.”  The charges claimed that Mondelez was using its massive industry muscle "to place their own products in favorable locations in stores and move competitors in less desirable positions on store shelves."  On their Facebook page, you can see pictures of grocery stores where Hydrox cookies are hidden behind other displays, scooted to the back of shelves, and even turned sideways so the short end is facing out.  If you've never worked grocery retail, your instinct may be to blame the store staff, but a lot of brands are actually stocked by the manufacturer.  Ever pass a guy in a Pepsi polo shirt with hand-truck loaded with soda?  That, but with cookies.  And it's not just their own products.  Mondelez is what's called a “category captain,” meaning they get to determine much of the layout for the whole cookie aisle.  Leaf alleges that Mondelez employees and agents are deliberately making Hydrox harder to find while making Oreos pert near impossible to miss.   This is far from the first lawsuit over Oreos.  A class action lawsuit was filed claiming the cookies misled buyers by stating that the product contains real cocoa.  The judge dismissed the case.  And they were sued for Fudge Covered Mint Oreos not containing any actual fudge.  The plaintiffs claim that these cookies don't contain any milkfat from dairy, a key component of fudge, but rather cheaper palm and palm kernel oil.  As so often happens, there are eleventy-hundred articles from the week the case was filed and nothing on the outcome.  That's what happened with the main point of this article.  I was dead sure I remembered Hydrox and Oreo going to court over the basic infringement question, and Hydrox losing, but I couldn't turn up anything on that because of the sabotage lawsuit sucking up all the search results.   X-MEN It's not all foodie fact fun today.  I'm going to risk a copyright strike to play 15 seconds of a song that will make everyone near me in age go “aw yeah!” [sfx Xmen theme]  For the young or those who had social lives in high school, that's the theme song to the 90's Xmen cartoon, and it slaps, as they kids used to say.  For the truly uninitiated, and c'mon even my mom knows who the Xmen are, the story centers on a group of superheroes who get their powers from genetic mutations…and government experiments, time travel, by dint of being aliens – it's a comic book, what do you want.   Ever since their introduction to the Marvel Universe in 1963, the X-Men have always had to deal with questions about their humanity.  While their enemies will stop at nothing to cast them as monsters, the team continues to fight for a world where they are treated just like humans.  That's in-universe.  In the broader reality, it's actually in the X-Men's best interest not to be considered humans.  Well, Marvel comics financial bottom line, anyway, and they went to court over it.   In 1993, international trade lawyers Sherry Singer and Indie Singh found an interesting provision in a book of federal tariff classifications – “dolls” are taxed at 12% on import while “toys” are only taxed 6.8%.  The devil is in the details, or in this case, the definition.  A “toy” can be any shape, representing any thing, but a "doll" can only be a representation of a human being, like Barbie or GI Joe.  [tik tok Joe's thumbnail]  Singer and Singh knew this distinction could be a sizable financial benefit for their client, Marvel Entertainment, who had an ownership stake in ToyBiz at the time.  For years, Marvel had been importing action figures that were taxed as dolls, despite their wide panoply of brightly colored characters often being anything but human.  Taking a direct approach, the two lawyers gathered up a literal bag full of action figures and went to the U.S. Customs and Border Protection headquarters in Washington, D.C. to try and convince them that Marvel wasn't importing humanlike “dolls,” but instead very non-human “toys.”   The Customs staff's reaction to the bag of toys is not recorded, but their official response was that the “non-human characteristics” of the X-Men and other action figures “fall far short of transforming [these figures] into something other than the human beings which they represent.”  Singer and Singh were locked onto this tactic and pursued it for a decade.  A judge considered various figures from Marvel's whole line to decide whether or not individual characters were human or not.  Rippling pecs, long claws, blue skin, red eyes, all were scrutinized, as lawyers on both sides expostulated on the philosophical ramifications of what it means to be human.  How can these action figures be human if they have "tentacles, claws, wings, or robotic limbs?"     I'd loved to have been there to hear people with expensive educations in tailored suits, stand before a learned jurist in a wood-paneled courtroom and say things like,  "The figure of 'Kingpin' resembles a man in a suit carrying a staff. Nothing in the storyline indicates that Kingpin possesses superhuman powers.  Yet, Kingpin is known to have exceedingly great strength (however 'naturally' achieved) and the figure itself has a large and stout body with a disproportionately small head and disproportionately large hands. Even though 'dolls' can be caricatures of human beings, the court is of the opinion that the freakishness of the figure's appearance coupled with the fabled 'Spider-Man' storyline to which it belongs does not warrant a finding that the figure represents a human being."   In 2003, Judge Judith Barzilay ruled that Marvel characters aren't quite human enough to taxed as dolls.  “They are more than (or different than) humans. These fabulous characters use their extraordinary and unnatural physical and psychic powers on the side of either good or evil. The figures' shapes and features, as well as their costumes and accessories, are designed to communicate such powers."   Yay, a victory for the giant multimillion dollar corporation!  But a slap in the face for diehard X-Men fans.  Chuck Austen, one of the writers for Uncanny X-Men at the time, said his whole goal in the story was to show the team's humanity.  The nerds grew restless and Marvel had to issue a statement that read, "Don't fret, Marvel fans, our heroes are living, breathing human beings—but humans who have extraordinary abilities ... A decision that the X-Men figures indeed do have 'nonhuman' characteristics further proves our characters have special, out-of-this world powers." And that's… To protect the public from contaminated oil, New York State law required that all fish oil be gauged, inspected and branded, with a penalty of $25 per barrel on those who failed to comply.  Samuel Judd purchased three barrels of whale oil that had not been inspected, and James Maurice, a fish oil inspector, sought to collect the penalty from him.  Judd pleaded that the barrels contained whale oil, not fish oil, and so were not subject to the fish oil legislation. At trial, one side said the term "fish oil" was commonly understood to include whale oil, and the other side plead the obvious science that whales are mammals.  The jury deliberated for 15 minutes and returned a verdict in favor of the fish oil inspector.    Mr. Judd, dissatisfied with the verdict, moved for a new trial. By then, the Legislature was in session and the Recorder, knowing that a new fish oil bill was pending, delayed his decision on the motion. The new enactment limited the inspection to fish liver oil, and the Recorder took the view that this implicitly confirmed that the earlier legislation covered whale oil. Accordingly, he refused to grant Judd's motion for a new trial.   James Maurice resigned his position as fish oil inspector because he considered that the position under the new law had too little value or importance.     Sources: https://www.constantpodcast.com/episodes/are-whales-fish https://www.npr.org/sections/money/2013/12/26/256586055/when-the-supreme-court-decided-tomatoes-were-vegetables https://www.washingtonpost.com/news/wonk/wp/2017/10/18/the-obscure-supreme-court-case-that-decided-tomatoes-are-vegetables/ https://www.insider.com/interesting-facts-about-oreo-2018-7#oreo-first-appeared-on-the-market-in-1912-1 https://www.mashed.com/223360/the-strange-history-of-the-oreo-and-hydrox-cookie-rivalry/ https://www.mashed.com/702384/why-this-snack-food-giant-is-being-sued-over-an-oreo-flavor/?utm_campaign=clip http://www.todayifoundout.com/index.php/2015/10/time-company-baked-giant-cake-win-court-case/  https://www.edinburghnews.scotsman.com/read-this/is-a-jaffa-cake-a-cake-or-a-biscuit-heres-the-definitive-answer-as-decided-by-a-court-1379222 https://www.mentalfloss.com/article/92007/why-us-federal-court-ruled-marvels-x-men-arent-humans https://www.polygon.com/comics/2019/9/12/20862474/x-men-series-toys-human-legal-issue-marvel-comics https://observer.com/2007/12/thar-she-blows-19thcentury-court-case-harpoons-a-whale-of-a-story/ https://en.wikipedia.org/wiki/Nix_v._Hedden https://www.youtube.com/watch?v=FtpJFEBcKoE

John Nix, Pastor of The Orchard Church in Collierville, joins to discuss the Kroger shooting. See omnystudio.com/listener for privacy information.

Our spring series "Now You're a Voice Teacher" continues with Part Deux! Returning guests Loraine Sims and John Nix join Dr. P and Sarah to add wisdom about becoming a voice teacher in an academic setting. We talk about advice for young teachers in general (piano, cough, cough), great insight for teaching during your graduate studies, and wisdom for teaching assistants. We also cover some lovely notes of mentorship for new faculty as well. If you wish to teach within the academy or do a graduate degree that involves singing, this episode is not to be missed!  And if you stick around, you might just hear a mea culpa from Dr. P regarding the DCEU...#SnyderCut

The Pastor of The Orchard Church joins the program and we have more of your top stories of the day. See omnystudio.com/listener for privacy information.

Welcome to Roses & Weeds! A City of Tyler podcast that is here to keep you up to date with current events and news related to our beautiful city.In our this episode, we have special guests John Nix who is a City Council Member representing Tyler District 6 in the South part of town, and we have Smittee Root the Executive Director of Leadership Tyler.Both our guests today are graduates of Leadership Tyler's Core Program. Leadership Tyler is an organization dedicated to identifying, motivating, and developing future leadership in Tyler. Leadership Tyler was first founded in 1986 and has a formal mission of equipping leaders to enrich our community.You can find out more about Leadership Tyler and about all its programs at https://leadershiptyler.org/, by emailing info@leadershiptyler.org or by calling 903-535-9242.Roses & Weeds is recorded at the Tyler Innovation Pipeline, which is a makers space staffed by the city of Tyler and the University of Texas Tyler College of Business and Technology where you too can come record a podcast with our world class audio studio, record something on a huge professionally lit green screen, use 3d Printers, Laser Cutters, and so much more. Memberships are now available.Roses & Weeds is hosted by City employees Veronica Brady Innovation Manager of the Innovation Pipeline and by Samuel Brady from Tyler GIS or Geographic Information Services. If you have any questions, comments, or ideas for future show topics please reach out to us at PublicRelations@TylerTexas.com, and be sure to #roses&weeds all your questions to the City of Tyler on social media.Recordings of City Council, as well as Meeting Agendas, can be found here: tylercitytx.iqm2.com/Citizens/Default.aspx. City Council meetings are held on the 2nd and 4th Wednesday of every month at City Hall 212 N. Bonner Ave, Tyler, TX 75702.Music used in intro and outro is Surfing day by Marcos H. Bolanos on Unchained Melodies Vol. 2, Creative Commons. Roses & Weeds is a City of Tyler production, all rights reserved.This episode was produced by Bob Mauldin, Julie Goodgame, Samuel Brady, and Veronica Brady. Edited by Samuel Brady. Shownotes by Samuel Brady.

The Army already owns what amounts to fully-functional city it uses that it uses for traditional military training events in southeastern Indiana. But until recently, it hasn't been used for cyber training. Officials have high hopes that a new set of exercises at Muscatatuck Urban Training Center will give cyber protection teams a much more realistic training experience than they'd get at the "cyber ranges" DoD currently operates. Ed Skoudis and John Nix from the SANS institute join us to discuss the "Cybertropolis" environment SANS has been helping the Army build in southeastern Indiana. Also on this week's show, Chris Cornillie from Bloomberg Government talks with Jared about Bgov's latest analysis on DoD's spending on other transation agreements. And Bill Woods joins us from the Government Accountability Office to talk about GAO's latest recommendations to revitalize DoD's moribund processes for buying commercial goods and services.

John Nix on his great relationship with his mentor Barbara Doscher. Also we share our great love of using weed whackers!

In Season 1, Episode 4, we talked to John Nix who is one of the more popular speakers at our camps at Crossings, but also a conference speaker nationally and internationally, and the founder of Vertical Purpose Ministries. If you go to his website, http://www.johnnix.org/, you’ll see that John Nix is a follower of Jesus Christ, a husband, dad, friend, international conference speaker and Bible communicator. He is passionate about communicating the gospel and loves sharing the great story of God. People need truth and are desperate for purpose. In 2002, John founded Vertical Purpose Ministries, a Memphis based nonprofit organization to help people find that truth and purpose, what he calls their “vertical purpose.” As President and lead communicator, he challenges people everywhere to set God as their highest value, discover the truth of scripture, and respond in obedience as God speaks. John is a Bible communicator that uses narrative to bring clarity when it comes to sharing the Gospel. Through high-energy, engaging, humorous and gospel-centered expository preaching, John communicates the life changing truth of Jesus Christ in a way that is easy for anyone to understand. John is a nationally sought-after communicator and international conference speaker that ministers to thousands each year. John and his wife Allison along with their three children Sarah, Sydney, and Simeon make their home in Collierville, Tennessee. HubTalk is hosted by Jeremy Griswold and Kevin Hall. Jeremy is a creatively reliable system builder seeking to advance the gospel in every circumstance. He is the Director of Event Productions and Event Technology at The Southern Baptist Theological Seminary, as well as, the founder of The Mourning Soul and Big Bear Media. He blogs regularly about leadership, productivity, hospitality, and media at jeremygriswold.com. Kevin is the Director of Programming and The Hub: For Youth and Family Ministries at Crossings. He has been involved with in youth and college ministry for over 25 years and just finished his Ph.D. in Systematic Theology at Southern Seminary. The resources highlighted for this podcast are John’s website itself at http://www.johnnix.org/, where you can find out more about what John is doing with Vertical Purpose Ministries and “One More Verse” that helps get you into the Word with a passage followed by help in getting into the passage, questions, application, and prayer. You can also find more about his speaking ministry at the website. We also mentioned Gospel Centered Youth Ministry: A Practical Guide edited by Cameron Cole and Jon Nielson, which is a book that touts that “dodgeball and abstinence training just aren’t enough.” This is a great resource that points to the things that are important to the Hub, which is not only expository preaching and giving the students the Word, but much more, and how to practically do it. Here is what is on the back of the book: “There’s only one thing that has the potential to bring lasting change to students’ lives: the gospel of Jesus Christ. In this guidebook for youth ministry leaders, a host of experienced youth workers lay out a vision for the gospel as the center of every facet of ministry to young people. Offering practical guidance related to teaching, implementing small groups, interacting with parents, leading mission trips, building community, and more, each chapter equips youth leaders to effectively address students’ hearts and see God work in and through their lives.” HubTalk Show Notes S1E4 The Benefits of Expository Preaching: “I am a middle-aged guy who is an expository preacher” http://youthandfamilyhub.org/podcasts/

Ep 27: John Nix (1949-1956) 95 games, 18 goals. Interviewed by Rhett Bartlett, Nov 2016 (copyright Rhett)

Jesus shared our life so that we might share his life in heaven. God declares from his throne that all things have been created anew, and all who are thirsty may come and drink deeply from the spring of the water of life. John Nix

Hello friends and loyal listeners, and welcome to the FINAL episode of the show for the year 2022! This interview is a truly special one. Justin Pearson and I have been running across one another since 1997. In the intervening years, I have watched his trajectory with an awe and respect. This is a musician with drive, determination, and a pure individuality that has kept him playing music and releasing records since 1990.Justin has played in over 15 bands, runs a label, is an author, and finds time to act. He was recently the subject of a fantastic documentary about his life and exploits, entitled "Don't Fall In Love With Yourself", directed by John Nix for TurnStyle Films.This year has been the best yet for our show, and from Tiana, Canaan, and I, we would like to wish you all a safe and joyous holiday season and an incredible New Year.Music Credits - "Ship Jumpers" by Pilot To Gunner, "Martyrs" by Heart Out, "The Book of Very Very Bad Things Theme" by Gown, "I Liner" & "Velvet Flesh Designs" by The Crimson Curse, "Ride With Cops, Shoot With Robbers" & "But Does It Fart" by Deaf Club, "Michael J Fox, Gnarls In Charge" by Head Wound City.Subscriptions here - https://app.redcircle.com/shows/29da8fdb-ff3e-4098-b858-f7d84762ff44/exclusive-contentSupport this podcast at — https://redcircle.com/the-book-of-very-very-bad-things/exclusive-content