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Board Applied Wrong Standard of Proof to Social Worker's Claims of Injury from Dog

A New York appellate court ruled that the Workers’ Compensation Board applied the wrong standard of proof to a social worker seeking benefits for physical and psychological injuries from being…




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2019 Annual Liens Update

This program will include vital liens updates for the entire spectrum of workers' compensation professionals. Law, procedure and important changes will be covered in detail. The panel introduces will also…




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Supreme Court Decides: How Will Medicaid Impact Your Client's Case?

Find out how this Supreme Court Decision may impact your client's cases. Plaintiff attorneys need to know and understand how this decision could impact clients' settlement dollars. Defense attorneys need…




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Worker Not Entitled to Relief From Decision She Allegedly Never Received

An Ohio appellate court ruled that a worker was not entitled to relief from a decision rendered after a hearing she did not attend because she had not received the…




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Employer Not Entitled to Relief From VSSR Award

An Ohio appellate court ruled that an employer was not entitled to relief from an enhanced award of benefits to a worker because it violated a specific safety regulation. Keith Rice…




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Worker Not Entitled to Mandamus Relief From Denial of Claim

The Ohio Supreme Court ruled that a worker was not entitled to writ relief compelling the Industrial Commission to order his employer to pay for his medical treatments and pay…




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Injured Ironworker Not Entitled to Benefits for Additional Conditions, Statutory Multiplier

The Kentucky Court of Appeals ruled that an injured ironworker was not entitled to benefits for additional conditions, nor was he entitled to a statutory enhancement on his permanent partial…




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Assembly Line Worker Gets Benefits Plus Multiplier for RT Injury

The Kentucky Court of Appeals upheld an award of benefits to an injured assembly line worker, plus medical benefits and a three-multiplier. Case: General Motors LLC v. Smith, No. 2024-CA-0367-WC, 07/12/2024,…




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Court Upholds Calculation of Worker's AWW, Denial of Statutory Multiplier

The Kentucky Court of Appeals upheld the calculation of an injured worker’s average weekly wage and a determination that her award was not subject to a multiplier. Case: Burks v. United…




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Employer Entitled to Recover Full Lien From Worker's Third-Party Settlement

A Florida appellate court overturned a judge’s determination that an employer was not entitled to recover the full amount of its lien against an injured worker's third-party settlement. Regina Akins suffered…




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ALJ Abuses Discretion in Denying Worker's Request for Relief

The Arizona Court of Appeals ruled that an administrative law judge committed an abuse of discretion in denying a worker’s request for relief from the dismissal of her hearing due…




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Attorney Has No Duty to Advise Comp Client on Potential Third-Party Claims

The Wisconsin Court of Appeals ruled that the attorney and law firm hired to represent a man on solely his workers’ compensation claim did not have a duty to advise…




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Alien Skin Exposure 4 Photographic Software Review


There is nothing more wonderful than exploring new tools or ways for something you are passionate about.

 
A B&W Infra-Red (IR) processing of a red barn and green fields


What is the Purpose of this Software?
Exposure is an add-on photo-editing application for Adobe Photoshop, Lightroom and Elements that provides almost a complete list of film types, both B&W and Color, for processing for the digital darkroom. I say almost as I didn't count the list of film types in this application and I don't even know all the films that have ever been made, but they sure seem to be all here.
 
'Sepia – blue Finish (modified)' setting with a layer set to 'Lighten' mode (31%) for an Expsure 4 ver. of 'Kodak HIE (Halation moderate)'


One test of software is to see how it feels right out of the box. A lot like taking a performance sports car for a test drive. You may not know everything about it but you know how to drive and turn corners.

I never read the manual first as I believe that a person with reasonable skills on the computer and with digital editing should know how to turn it on and drive around a little. 
 
Exposure 4 did not fail here. It was easy to install and when launched, the layout and buttons were intuitive. The only problem I had was that it was almost 2 hours later when I realized how much I had been playing with the different types of films.





How would I use this Photo-Editing Software?

Exposure 4 has a great repertoire of classic, vintage and just plain old films both in color and B&W. Combined with these types of film selections are the various processing adjustments you might make in a wet darkroom, such as contrast, toning, bleaching, cross-processing, calotype, platinum and much more.

Some of these are obvious as the IR and Platinum and High contrast B&W I have shown above. Even old color films with faded color can provide unique approaches to the photographic images.


Without having access to the original old photograph, an older reproduction could be re-made. This could be cast against another image to create a story of 'then and now' and subject of an interesting photographic book.




In the image above I took 2 photos and I applied old color film technique to the bordered version to create the effect of laying an old photo on a new photo to show a change over time.


How well does it Perform?
Having a 7 processors and 12TB of RAM there should be no speed issues with loading and applying application settings. It was just over a sec to load and less to applying any film setting. The window is originally set up with 3 panels. Large central being the photo being edited. The panel on the right is the main adjustment panel color. See composite below. There is enough functionality to do almost everything you want.


A minor problem with the numbers dialog boxes. When you enter a number it doesn't apply until you click the panel and if you use the Enter key it applies the Exposure 4 application. I would rather have that only happen when I click the OK button.




The panel on the left are all the pre-set film settings which are based on some combination of settings on the right panel. This is great because once you found a style that suits your needs you can then tweak it to best suit the photograph.


I did find that using the color filter produced better color (brighter) for me than using the same color on a layer in Photoshop. It might be the preserve luminosity check box.


With my sample photos the rendering of effects was clean with no noticeable distortions unless of course you cranked the saturation way up.


I like that both side panels can be minimized and it's easy to zoom into a section for better clarity. With a 24” monitor some apps don't allow full screen editing.
I also like how you can save your own presets.



The above image is from one I tested since I had created a B&W version previously. The software did produce versions that I liked as well and maybe even better than the original.



Who is this Software meant for?
For anyone how wants to experience the look of chemical film technology and its variant processes.
Definitely for commercial ad type photographic needs. Here with the press of a button, a vintage effect can be created without much time spent by the user.
For creative types who may want to create story-line or books where the type of photograph is integral to the story experience
For fine-art photographers that require a specific look, as with my image of the tree and bench, that is not easily achieved in Photoshop.
To create new layers that can be set to one of the blend modes. There is a practice to create a B&W version of your image that looks best and then set this to luminosity for your color photo. While I haven’t experimented that much with these I suspect I will find some of the film output useful as a blend mode.




Recommendations
This is a good solid product that provides a wealth of film types and genres. It is easy to use and intuitive.
I would give this software a 4 – 4 ½ rating. The limiting factor would be price for a new user at approx $249. but an upgrade is only $99.
As an investment, I view software the same as a lens. It's a tool to help you meet your needs or goals. Many people find the cost of software somewhat prohibitive and yet see no problem with spending more on a new lens. I love a lens also as there's something about that precision instrument you are holding. But I photo-edit every photo I show to the public. I always want to bring out the very best and convey the feelings and experience I had at the time I took the photograph. The straight out-of-the-camera version doesn’t give me this. It is a mechanical device and not a human.



Definitely do download a trial version and play with it.



Niels Henriksen



Disclaimer: Other than receiving a copy of the software to review, I did not or will not receive any remunerations, gifts or any considerations from this review from the company, its agents or any of its distributors





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Cardiac arrest survivors, families urge approval of HEARTS Act

WASHINGTON, D.C., March 20, 2024 — The U.S. House of Representatives’ Energy and Commerce Committee today is considering the Cardiomyopathy Health Education, Awareness, Research and Training in Schools (HEARTS) Act, which would help ensure students ...




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Quick Quotes: Charlie Waite

“A landscape image cuts across all political and national boundaries, it transcends the constraints of language and culture” Charlie Wait A great landscape image needs no explanation.  At least not a verbal one. That is one of the things I love most about nature and landscape photograph.




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Collier County Heart Walk raises $360,000, welcomes over 3,000 walkers

Estero, Fla., Nov. 12, 2024 —The American Heart Association, the world’s leading nonprofit organization focused on heart and brain health for all, hosted the 2024 Collier Heart Walk at Cambier Park on Saturday, November 2, raising over $360,000 to help...




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Recognize the Significance of your Clients

In today’s article I am going to share my personal views about the importance of client, these things can also prove useful for a blogger because some time a blogger also need to face clients. There are also many professions that’s why lots of people are also earning a suitable amount even to sit at [...]

View and Vote



  • Tools & Helpers

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NRC School Supplies Drive

NRCgov posted a photo:

NRC’s advisory committees representing Asian American, Pacific Islander and Hispanic employees collected 1,500 pencils, 800 pens, 225 highlighters plus headphones, scissors, pocket folders, rulers, glue sticks, crayons, protractors notebooks and more for Wheaton Woods Elementary School, near the agency’s HQ. The annual tradition stretches back some 10 years and is our way of making a small difference for local students.

Visit the Nuclear Regulatory Commission's website at www.nrc.gov/.
Photo Usage Guidelines: www.flickr.com/people/nrcgov/
Privacy Policy: www.nrc.gov/site-help/privacy.html.
For additional information, or to comment on this photo contact us via e-mail at: OPA.Resource@nrc.gov.




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New Biomedical Device Offers Rapid Relief for Chronic Pain Patients

How can ultrasonic waves be used to treat chronic pain? This is what a recent study published in the journal Pain hopes to address as a team of researchers




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SMFA Visiting Artist Talk: Tillie Walden

Dec 6, 2024, 12pm EST

Please join us at the SMFA for a talk and Q&A by visiting artist Tillie Walden!

Tillie is a cartoonist and illustrator living in Vermont and teaches at the Center for Cartoon Studies in Hartford, Vermont. Tillie is visiting as part of the Massachusetts Independent Comics Expo (MICE) from December 7–8, 2024.

Open to Tufts university students, faculty, and staff.

BuildingAnderson Auditorium
Campus Location: Boston Fenway campus
City: Boston, MA 02111
Campus: Boston Fenway campus
Location Details: 230 Fenway, Boston, MA 02115 (Anderson Auditorium)
Open to Public: Yes
Event Type: Lecture/Presentation/Seminar/Talk
Event Sponsor Details: Thanks to Robert Nagel, Tufts University Art Galleries, the MFA Graduate Program, and the Department of Graphic Arts for their continued support of the visiting artist series.
Event Contact Name: Sophie Cloherty
Event Contact Emailsophie.cloherty@tufts.edu
Event Admission: Free



  • 2024/12/06 (Fri)

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Business and Human Rights for Small Companies – What is the Impact of the German Supply Chain Due Diligence Act on the Supplier Side?

  • The new German Supply Chain Due Diligence Act imposes new obligations on larger companies, which must, among other things, check their entire supply chain for violations of human rights and environmental concerns.
  • Companies that are not yet directly covered by the scope of application—i.e., suppliers—are also indirectly affected, as they are subject to comparable obligations.




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Law firms are developing their own tools and software to better serve clients

Scott Rechtschaffen suggests law firms interested in building and selling technology products should become more nimble. 

ABA Journal

View Article 




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The Emergency Pension Plan Relief Act Proposes Aid to Struggling Multiemployer Pension Plans

House Education and Labor Chairman Bobby Scott (D-VA) recently introduced legislation that seeks to provide aid to multiemployer pension plans (MEPs) facing insolvency. Entitled the Emergency Pension Plan Relief Act (EPPRA), the bill would fund this aid directly from the U.S. Treasury.




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The Butch Lewis Emergency Pension Plan Relief Act of 2021 Becomes Law

On March 11, 2021, President Biden signed into law the $1.9 trillion American Rescue Plan Act of 2021, which includes the Butch Lewis Emergency Pension Plan Relief Act of 2021.  This law is designed to forestall the insolvency of approximately 100 multiemployer pension plans that were expected to run out of money necessary to pay vested benefits over the next 20 years.  Included among these funds is a particularly large fund that – absent congressional intervention – would have gone insolvent by 2025, leaving millions of retirees without their expected monthly pension. 




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What Comes After 2051 Pension Relief Sunset? It Depends, Attorneys Say

Sarah Bryan Fask explains how the special financial assistance will affect union-brokered pensions.

Bloomberg Law

View (Subscription required.) 




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Supreme Court Declines to Hear Appeal in ERISA Class Action Permitting Recalculation of Benefits as Available Relief

The U.S. Supreme Court declined to review the Second Circuit’s decision in Laurent v. PricewaterhouseCoopers LLP, which held that retirees could receive money damages in the form of recalculated benefits in a class action over how the company’s cash balance pension plan calculated lump-sum benefits.




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A Conversation on Black Resistance, Resilience and Being Real

As February comes to a close, Littler is capping off our celebration of Black History Month with a special podcast highlighting the voices of some of our Black attorneys. Kimberly Dobson (Long Island, NY) talks with fellow Littler attorneys, Kim Carter (San Diego, CA), Jason Byrd (New York City, NY), and Taylor Lawson (Memphis, TN) about how they’ve experienced – and seen the impact of – Black resistance in their personal and professional lives.
 




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Allied Behavior: Turning Allyship into Action

Kimberly Doud of Littler’s Orlando office, Chelsea Lewis of Littler's Miami office, and Kameron Miller of Littler's Charleston office present episode one of the Allied Behavior podcast series. Allied Behavior is focused on cultivating conscious conversations about inclusion, equity, diversity, and allyship in a corporate environment. In this episode, Kimberly, Chelsea, and Kameron discuss the importance of effective allyship and provide suggestions to turn allyship into meaningful action in the workplace.
  




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Allied Behavior: Perceptions about Race (Juneteenth Edition)

Kimberly Doud of Littler’s Orlando office, Chelsea Lewis of Littler's Miami office and Kameron Miller of Littler's Charleston office present episode two of the Allied Behavior podcast series. Allied Behavior is focused on cultivating conscious conversations about inclusion, equity, diversity, and allyship in a corporate environment. In this episode, Kimberly, Chelsea and Kameron discuss Juneteenth, the factors shaping our perceptions about race, and how to foster meaningful interactions in the workplace.
  




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The Contractual Basis of Incentive Compensation Re-Emphasized: Restricted Stock in Lieu of Cash Wages Can Be Forfeited By Resignation in California

In Schachter v. Citigroup, Inc.,1 the California Supreme Court rejected claims that an incentive plan that conditioned the earning of restricted stock based on continued service was unlawful where the employee voluntarily elected to participate in the plan, and the employee quit before the date on which the incentive was earned. The plan was lawful even though the incentive plan was funded from wages that the employee would have otherwise received in cash.




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Call-to-Action: Immigration Protections for Migrant Families in the U.S.

In this pro bono podcast, Littler’s Lavanga Wijekoon speaks with Ellen Miller of the National Immigrant Justice Center, Jodi Ziesemer of the New York Legal Assistance Group and Laura Lunn of the Rocky Mountain Immigrant Advocacy Network about the work being done across the country to help immigrants and their families who are in desperate need of immigration protections.
   




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The Biden Labor Agenda: What Lies Ahead




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OFCCP Revises Compensation Analysis Directive But Leaves Questions About Documentation Created Under Attorney-Client Privilege

On August 18, 2022, the Office of Federal Contract Compliance Programs (OFCCP) issued a revised version of its Directive 2022-01 - Advancing Pay Equity Through Compensation Analysis, which was originally issued on March 15, 2022.




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New Whistleblowing Law Applies to Internal Complaints

Philip Berkowitz weighs in on the Anti-Money Laundering Act’s whistleblower protections that took effect this year.

SHRM Online

View (Subscription required.)




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FCA diversity plans: 'My client said, don't let them know you’re gay’

Natasha Adom discusses measures FCA, PRA and BoE regulators are considering to improve diversity and inclusion in the financial services sector. 

Investment Week

View 




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What Does the Supreme Court’s Decision Not to Review the Standard for Attorney-Client Privilege Mean for Employers?

As workplace issues have become more complex, human resource professionals and managers often turn to employment lawyers for advice in sorting out matters involving the interaction between business requirements and the requirements of employment laws and regulations. When is such advice protected from disclosure under the attorney-client privilege?




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Supreme Court: False Claims Act Liability Depends on Defendant’s Subjective Belief

On June 1, 2023, in United States ex rel.




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Pro Bono Week Podcast – Migrant Families Seeking Asylum

Attorneys Colette Kopon and August Johannsen join Pro Bono Committee Member Lavanga Wijekoon in discussing their participation in Littler’s pro bono clinic, held in collaboration with the National Immigrant Justice Center, focused on assisting migrant families seeking asylum in the U.S.




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Pro Bono Week Podcast – Assisting Veterans Through Client Partnership

Pro Bono Committee Member Jenny Schwendemann is joined by Associate Don Nguyen, Customer Success Senior Coordinator Megan Gunn, Director Christie Bhageloe (Veterans Consortium Discharge Upgrade Program) and Associate Corporate Counsel Kate Brown (Amazon) to discuss Littler’s pro bono collaboration with Amazon in support of The Veterans Consortium.




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High Court to Review Standard Applied to “Reverse Discrimination” Cases

On October 4, 2024, the U.S. Supreme Court granted certiorari in Ames v. Ohio Department of Youth Services (Case No. 23-1039) to decide whether plaintiffs who are members of historically majority communities asserting “reverse discrimination” claims under Title VII must show there are “background circumstances” that support the inference that the defendant is the “unusual employer who discriminates against the majority.”

The “Background Circumstances” Requirement




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Negligent Hiring Risk Less Than Employers Believe

Rod Fliegel says he's seeing an uptick in negligent hiring concerns because of the growth of gig work.

SHRM Online

View (Subscription required.)




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Shift Work and Tax Relief in Belgium: The New Law Introducing the ‘Variant Bis’ Has Been Published

We recently reported on the saga that followed the Constitutional Court's ruling of February 8, 2024 on the conditions for applying the partial exemption from payment of withholding tax for employers organizing shift work (CIR/92, art. 275/5). 

The ruling of February 8, 2024, had given rise to fears among many employers whose successive shifts fluctuate in size that they would simply lose the tax advantage, which can represent a reduction of 10 to 15% in the wage costs associated with shift workers. 




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U.S. Supreme Court Clarifies When the Federal Arbitration Act’s “Transportation Exemption” Applies

On April 12, 2024, the U.S. Supreme Court addressed whether the Federal Arbitration Act’s (FAA) transportation exemption—meaning the FAA would not apply—only relates to workers within the transportation industry. In Bissonnette v. LePage Bakeries Park St., LLC,1 the Supreme Court unanimously held Section 1 of the FAA exempts classes of workers who are actively engaged in interstate transportation, even if the individuals are not employed by a company in the transportation industry (the “Transportation Exemption”).




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USCIS Changes Policy Guidance Regarding Special Student Relief

The U.S. Citizenship and Immigration Services recently announced that it is clarifying the validity period of off-campus employment authorization for international students pursuant to the Special Student Relief (SSR) package.




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Confidentiality and Attorney-Client Privilege Issues When Conducting Internal Investigations and Audits




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High Court to Review Standard Applied to ‘Reverse Discrimination’ Cases

Alyesha Asghar and Julian G.G. Wolfson explain “background circumstances,” which are required as evidence in cases of reverse discrimination, and the implications for employers and IE&D.

Wolters Kluwer

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Veterans Day 2024: How Military Service Helps Us Serve Littler Clients

Emily Haigh, U.S. Army veteran and co-founder of Littler's Veterans Initiative, speaks with Littler attorneys Michael Kibbe, Caroline Lutz and Jonathan Heller, about how their military experience has had a positive impact on their legal practice.
  




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Businesses breathe sigh of relief after Dutch expat tax reversal

Stephan Swinkels discusses a major reversal in reforms to Dutch tax law that would have impacted the recruitment and mobility of highly skilled foreign talent.

Global Mobility Lawyer

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ETSI OSM launches Release TWELVE, with enhanced Network Function resiliency and runtime operations

ETSI OSM launches Release TWELVE, with enhanced Network Function resiliency and runtime operations

Sophia Antipolis, 30 June 2022

ETSI OSM is pleased to announce OSM Release TWELVE, the second Long Term Support release of ETSI Open Source MANO and one of its most prolific releases. One of the main new features of Release TWELVE is the ability to heal network functions that may be affected by any kind of infrastructure failure. This healing process, which may be triggered either manually or automatically depending on operator preference, can be applied in all the clouds supported by OSM, in line with OSM’s multi-cloud approach.

Read More...




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How Slavery Affected African American Families

New essay, "How Slavery Affected African American Families," by Heather Andrea Williams, associate professor of history at the University of North Carolina at Chapel Hill, added to Freedom's Story: Teaching African American Literature and History, TeacherServe from the National Humanities Center.