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By TED MANN and DANNY GOLD
SANDY HOOK, Conn.—President Barack Obama was to join a grieving community here Sunday, as authorities continued to piece together how a gunman stormed an elementary school and killed 20 children and six adults, in one of the worst mass shootings in U.S. history.
The White House said Mr. Obama would meet with the families of children and adults slain at Sandy Hook Elementary School in Newtown, Conn., and would speak at a vigil set for 7 p.m. Eastern time.
The 26 victims who were shot inside the school on Friday were each hit by more than one bullet, most of them from the high-powered semiautomatic rifle wielded by the 20-year-old suspect, the state's chief medical examiner said on Saturday.
Authorities worked into Saturday morning at a temporary morgue on the school grounds to identify the bodies, H. Wayne Carver II said, as state authorities released the names of those killed at the
On Saturday afternoon, authorities revealed the truth behind the grim numerical toll: a list of names, overwhelmingly female, heart-rendingly young. Twenty of the 26 victims in the school were just 6 or 7 years old.
"I believe they were all first-graders," Mr. Carver said.
The six adults killed in the school included school psychologist Mary Jo Sherlach, the oldest victim, at age 56.
Police said they believe Mr. Lanza forced his way into the school through a plate-glass partition next to a locked front door, possibly by shooting his way through. But why he had done so remained a mystery, despite waves of speculation among survivors, news reporters and law enforcement.
The quaint New England town on Saturday shared stories of heroics, including those of teachers who died trying to save their young charges, while at the same time it convulsed in grief. Some victims' families retreated in silence to mourn, in houses guarded by state police or private security. But some spoke out.
Standing before TV cameras Friday night, Robbie Parker, 30 years old, held back tears as he spoke of his murdered daughter, 6-year-old Emilie, and offered condolences to the other victims of the massacre.
"This includes the family of the shooter," Mr. Parker said. "I can't imagine how hard this experience must be for you, and I want you to know that our family and our love and our support goes out to you as well."
Miles away, a local official in Kingston, N.H., read a statement from James Champion, Nancy Lanza's brother, who offered condolences but was too overcome to speak.
"The whole family is traumatized by this event," Kingston Police Chief Donald Briggs Jr. said.
The suspect's father, Peter Lanza, issued a statement of condolence Saturday, according to the Associated Press.
"We too are asking why," it read in part. Peter and Nancy Lanza divorced in 2009, according to court records.
The forcible entry helped solve one of the many unanswered questions about the massacre Friday: how a heavily armed young man was able to pass through the locked security doors of an elementary school.
School staff members saw evidence of forced entry as they were ushered out of the school, said Mary Ann Jacob, a clerk at the school library who hid with others in a storage room during the shooting spree. As they left the building, Ms. Jacob said she saw that the plate-glass window next to the building's front door was broken.
But much remained unanswered, and much of what had been assumed in the rush of the crisis turned out to be wrong. It was incorrect, Lt. J. Paul Vance of the Connecticut State Police said, that Mr. Lanza's mother had had any connection to Sandy Hook Elementary, where early reports suggested she had been a teacher.
Law-enforcement officials initially said an assault rifle had been discovered in a car in the school's parking lot. In fact, said Mr. Carver, the medical examiner, it had been the primary weapon used in the killings.
And a television report that Mr. Lanza had been in some form of altercation at the school earlier this week also appeared false, Lt. Vance said.
Investigators were still trying to glean Mr. Lanza's motives, and why he had chosen to attack the school in Sandy Hook. Lt. Vance said investigators at the scene "did produce some very good evidence" that could be used in "hopefully, painting the complete picture as to how—and more importantly why—this occurred."
The investigation unfolded in the middle of a reeling community—decked out with Christmas decorations but packed with strange out-of-town vehicles, police cruisers and news trucks. The school was expected to remain an active crime scene at least through Sunday, said Lt. George Sinko of the Newtown police. Sandy Hook is a village within Newtown.
In addition to the buildings, investigators were searching a large number of vehicles in the parking lot. The suspect's car remained outside the school on Saturday morning.
One of the victims, first-grade teacher Vicki Leigh Soto, 27,'s how she was found. Huddled with her children." He said he didn't know if her students were among the dead. Friday.
Principal Dawn Hochsprung and the school psychologist, Ms. Sherlach, both of whom were killed,. Usher's class, meanwhile, was in the library, and they hid in the closet.
"The gunfire was just unbelievable. It felt like it lasted for five minutes," the teacher said Friday. .
There, some were informed of their children's deaths by Mr. Malloy, whom an aide described as "stricken" in delivering the news.
Rabbi Shaul Praver of Congregation Adath Israel in Newtown."
Across the country, some officials turned to issues of policy, including some calling for additional gun-control measures and to focus on treating the mentally ill.
That included some from Connecticut, like Democratic Rep. John Larson, who called for votes on background checks, bans on high-capacity clips and other measures.
"Politics be damned," Mr. Larson said in a statement. "Of the 12 deadliest shootings in our nation's history, half of them have happened in the last five years. And there is not a single person in America who doesn't fear it will happen again."
But it seemed too soon for policy for officials on the ground, said Democratic Rep. Christopher Murphy, who was recently elected to the U.S. Senate but has represented Newtown in the U.S. House for three terms.
"For those of us who are on the ground here, there's no way for us to think about the policy implications right now," Mr. Murphy said. "But I don't begrudge anyone else who's beginning to raise these issues."
"Obviously, this is going to be an awful week," he said, "because we'll begin to have the funerals, and the real grieving will start."
People in the region are "concerned and scared," said Mark Boughton, the mayor of nearby Danbury, where extra police will be on hand Monday morning outside the city's schools to provide reassurance to parents and students.
Mr. Boughton said a bipartisan commitment to funding better treatment for the mentally ill was long overdue, and while he said his city and Newtown had developed effective emergency-management procedures, there was little to stop an unpredictable threat like the one visited on Sandy Hook.
"If somebody shoots the window in, it doesn't matter that you've got a doorbell in front of the door," he said.—Josh Dawsey, Will James, Lisa Fleisher, Alison Fox and Aaron Zitner contributed to this article.
Corrections & Amplifications
Rachel D'Avino's last name was incorrectly given by authorities as Davino.
Write to Ted Mann at ted.mann@wsj.com
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Athens supports military personnel
Thanks to the Athens community for supporting military personnel. I was born and raised here, left for a career in the Air Force, and returned three years ago with my family to teach Air Force ROTC at the University of Georgia. While we’ve missed being on a based and were sad to see the Navy Supply Corps School close, we’ve found incredible support in the Athens community for military personnel. Special thanks are due to Earth Fare, the Jittery Joe’s in Five Points and Chango’s Noodle House for their outstandingly generous military discounts, and to Hodgson’s Pharmacy for the wonderful ice cream
Individuals have show their generosity as well, such as the time several military members from my office and I were eating lunch at a Mexican restaurant and found when we came to leave that the bill for the entire table had been paid by an anonymous diner. We were humbled and grateful. Members of my office and I have been treated to numerous other instances of terrific support and respect. This is a part of the Athens community that I didn’t experience while growing up and have been wowed to find on my return. Thank you, Athens.
I recently left the Air Force. We plan to settle near Athens, and we look forward to continuing to enjoy everything wonderful Athens has to offer.
Martine Faucher Wanzer | http://onlineathens.com/opinion/2012-02-27/wanzer-athens-truly-supports-military-personnel | 2013-05-18T11:06:11 | CC-MAIN-2013-20 | 1368696382261 | [] |
ROSSVILLE -- Judy Rigsby is one of many who will miss Dr. Garland Eugene Kinard, Rossville's last doctor.
Kinard, who began his Rossville medical practice in 1968, was the only doctor left in town when he retired last month.
''He's been our family doctor since I was a little girl,'' said Rigsby, who like her neighbors will now have to travel five miles to Chattanooga, Tenn., for medical care. ''He's really been a family friend to us.''
Kinard, 70, went to medical school under a state aid program that required him to move into a town with fewer than 5,000 residents to set up practice. He opened an office in nearby Chickamauga in 1958 and later practiced in Fort Oglethorpe before opening his Rossville practice.
He said he will miss his patients as much as they will miss him.
''I feel funny, especially when patients say, 'Who are you going to recommend?''' Kinard said. ''Most doctors you call say they don't accept new patients anymore. But I didn't have patients; I had old friends.''
Kinard went to Brown High School in Atlanta and attended Newberry College in Newberry, S.C., on a football scholarship. He overcame many obstacles to become a doctor, but said he was always proud of the title.
''You would be surprised at the doors that have opened for Dr. Kinard that would have never opened for Gene Kinard,'' he said.
Rossville pharmacist Bill Brown said Kinard was known as one of the best diagnosticians around.
''Doc has meant a bunch to a lot of people of Rossville ... especially the older people,'' Brown said.
Pharmacist Greg Dart said Chattanooga isn't far away, so most patients will be able to find a new doctor.
''We're like across the state line, so it's not going to be too drastic,'' he said. ''But he's been here forever and I think the people who live here will definitely miss him.'' | http://onlineathens.com/stories/011701/ath_0117010018.shtml | 2013-05-18T10:58:33 | CC-MAIN-2013-20 | 1368696382261 | [] |
LOGANVILLE -- A state Senate race is headed for a runoff in new suburban district -- and spending on the contest is headed for a Georgia record.
Latest News
Primary results
Post in Forums
Key Dates:
Sept. 10 -- Runoff election
Sept. 17 -- Special election
Oct. 7 -- Voter registration deadline for general election
Nov. 5 -- General election
Nov. 26 -- Runoff election (if needed)
Renee Unterman and Joyce Stevens are expected to spend a cumulative $1 million to win the Republican nomination in a district east of Atlanta. The race could be the most expensive ever for the Georgia legislature.
''It's kind of amazing to contemplate that kind of money being put into a contest where if you win, you make $16,000 a year,'' said Charles Bullock, a political scientist at the University of Georgia. ''That's far more than people spend to get elected statewide.''
State Schools Superintendent Linda Schrenko spent only $230,000 on her 1998 re-election campaign.
The candidates said the elongated shape of the district makes campaigning expensive. The district stretches across parts of Gwinnett, Walton, Hall, Barrow and Forsyth counties.
''It verges on being like a congressional district, so to get your message out is very, very expensive,'' Unterman said.
Both candidates have bought TV, radio and newspaper ads in metro Atlanta.
Unterman said she's spending $600,000 of her own money, and Stevens is using $290,000 of her own cash.
Whoever wins the Sept. 10 runoff won't have to worry about pulling out the checkbook for November; no Democrats qualified for the seat.
Published in the Athens Banner-Herald on Thursday, September 5, 2002. | http://onlineathens.com/stories/090502/new_20020905031.shtml | 2013-05-18T11:06:20 | CC-MAIN-2013-20 | 1368696382261 | [] |
Phylogeny of the true water bugs (Nepomorpha: Hemiptera–Heteroptera) based on 16S and 28S rDNA and morphology
Article first published online: 6 OCT 2004
DOI: 10.1111/j.0307-6970.2004.00254.x
Issue
Systematic Entomology
Volume 29, Issue 4, pages 488–508, October 2004
Additional Information
How to Cite
Hebsgaard, M. B., Andersen, N. M. and Damgaard, J. (2004), Phylogeny of the true water bugs (Nepomorpha: Hemiptera–Heteroptera) based on 16S and 28S rDNA and morphology. Systematic Entomology, 29: 488–508. doi: 10.1111/j.0307-6970.2004.00254.x
Publication History
- Issue published online: 6 OCT 2004
- Article first published online: 6 OCT 2004
- Accepted 17 December 2003
- Abstract
- Article
- References
- Cited By
Abstract. Morphological characters and molecular sequence data were for the first time analysed separately and combined for the true water bugs (Hemiptera–Heteroptera, infraorder Nepomorpha). Data from forty species representing all families were included, together with two outgroup species representing the infraorders Gerromorpha and Leptopodomorpha. The morphological data matrix consisted of sixty-five characters obtained from literature sources. Molecular data included approximately 960 bp from the mitochondrial gene 16S and the nuclear gene 28S for all forty-two terminal taxa. The morphological dataset was analysed using maximum parsimony and the combined morphological and molecular (16S + 28S rDNA) dataset was analysed using direct optimization. A sensitivity analysis of sixteen different sets of parameters (various combinations of insertion–deletion cost and transversion costs) was undertaken. Character congruence was used as an optimality criterion to choose among competing phylogenetic hypotheses. The final hypothesis was obtained from the analysis of the combined molecular and mor phological dataset with the most congruent parameter set. This hypothesis supports the monophyly of all currently recognized families of Nepomorpha, and of the superfamilies Nepoidea (Nepidae + Belostomatidae), Corixoidea (Corixidae), Ochteroidea Ochteridae + Gelastocoridae), Notonectoidea (Notonectidae), and Pleoidea (Pleidae + Helotrephidae), but not the monophyly of the Naucoroidea (Naucoridae + Aphelocheiridae + Potamocoridae). The close relationship between the Notonectidae and Pleoidea is also supported. Our hypothesis concurs with Mahner in the placement of the Corixidae as a sister group to the remaining nepomorphan superfamilies except the Nepoidea, but differs in the placement of the Ochteroidea as a sister group to the Notonectoidea + Pleoidea. The superfamily Naucoroidea should be limited to only including the family Naucoridae and not the families Aphelocheiridae and Potamocoridae. The present analysis strongly supports a sister group relationship between the families Aphelocheiridae and Potamocoridae, a monophylum for which we propose a new superfamily, Aphelocheiroidea. | http://onlinelibrary.wiley.com/doi/10.1111/j.0307-6970.2004.00254.x/abstract | 2013-05-18T10:33:16 | CC-MAIN-2013-20 | 1368696382261 | [
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Randomized Trial to Improve Laboratory Safety Monitoring of Ongoing Drug Therapy in Ambulatory Patients
Article first published online: 6 JAN 2012
DOI: 10.1592/phco.26.5.619
2006 26, Issue 5, pages 619–626, May 2006
Additional Information
How to Cite
Raebel, M. A., Chester, E. A., Newsom, E. E., Lyons, E. E., Kelleher, J. A., Long, C., Miller, C. and Magid, D. J. (2006), Randomized Trial to Improve Laboratory Safety Monitoring of Ongoing Drug Therapy in Ambulatory Patients. Pharmacotherapy, 26: 619–626. doi: 10.1592/phco.26.5.619
Publication History
- Issue published online: 6 JAN 2012
- Article first published online: 6 JAN 2012
- Abstract
- References
- Cited By
Keywords:
- laboratory monitoring;
- drug therapy;
- ambulatory care;
- computerized alert
Study Objective. To determine whether an electronic tool effectively increases the percentage of patients receiving laboratory monitoring during ongoing drug therapy.
Design. Randomized trial.
Setting. Outpatient medical offices of a group model health maintenance organization.
Patients. A total of 9139 patients prescribed ongoing therapy with any of 14 drugs, resulting in 4871 patient-drug combinations in the intervention group and 4780 in the usual-care (control) group.
Intervention. Physicians and pharmacists jointly developed monitoring guidelines based on published recommendations. Pharmacists were electronically alerted to missing laboratory results and then ordered tests, reminded patients to undergo tests, and reviewed and managed abnormal results.
Measurements and Main Results. In the intervention group, 64% of patient-drug combinations were monitored, whereas in the usual-care group 58% were monitored (p<0.001). Differences in monitoring were observed in the intervention versus usual-care groups for amiodarone (71% vs 55%, p<0.01), theophylline (54% vs 28%, p<0.001), carbamazepine (49% vs 32%, p<0.001), lithium (42% vs 28%, p<0.01), phenytoin (44% vs 33%, p<0.001), and metformin (72% vs 67%, p<0.001). Of 1981 laboratory tests ordered, 1472 (74%) were completed. The tests revealed 181 serum drug concentrations outside the therapeutic range and 126 abnormal serum creatinine, alanine aminotransferase, aspartate aminotransferase, and thyroid-stimulating hormone levels, and complete blood counts.
Conclusion. A computerized tool plus collaboration of health care professionals effectively increased the number of patients who received laboratory safety monitoring of drug therapy. | http://onlinelibrary.wiley.com/doi/10.1592/phco.26.5.619/abstract | 2013-05-18T10:33:46 | CC-MAIN-2013-20 | 1368696382261 | [
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"http://onlinelibrary.wiley.com/store/10.1002/(ISSN",
"Pharmacotherapy: The Journal of Human Pharmacology and Drug Therapy Pharmacotherapy: The Journal of Human Pharmacology and Drug Therapy"
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The cartoon of a dollar note is seen stuck to computer screens at the stock exchange in Frankfurt, Germany, on Oct. 10, 2008. (AP)
Judge.
Tell us what you think — here on this page, on Twitter, and on Facebook.
Guests:
Richard Posner joins us from Chicago. He has been one of the leading lights in the conservative “Chicago School” of economics and of the so-called “Law and Economics” school of thought. He is a prolific author of the law and the marketplace, and his most recent book is called “A Failure of Capitalism: The Crisis of ’08 and the Descent into Depression.”
Judge Posner is posting updates on the economic situation and policy responses on a new blog at TheAtlantic.com..”
More links:
Nobel economist Robert Solow reviews “A Failure of Capitalism” in The New York Review of Books. He says the book is “an event,” and notes that if he had made these arguments it wouldn’t be news. But “from Richard Posner, it is.”
Robert Kuttner reviews Posner’s book, along with several others, in The American Prospect. He writes: “conversions would be a little easier to take if the convert had the decency to concede that his earlier mistaken theories had collided with reality. Posner, however, doesn’t look back.” Still, “one should welcome Posner’s book even if it is a reversal without a recantation.”
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- Phil Stewart | http://onpoint.wbur.org/2009/05/07/richard-posner-on-a-failure-of-capitalism | 2013-05-18T11:02:31 | CC-MAIN-2013-20 | 1368696382261 | [
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"The cartoon of a dollar note is seen sticked to computer screens at the stock exchange in Frankfurt, central Germany, on Friday, Oct. 10, 2008. European stock markets slumped further on Friday following massive losses on Wall Street and Asia on... |
Curiosity made its dramatic arrival on Martian terrain in a spectacle popularly known as the "seven minutes of terror."
This jaw-dropping landing process, involving a sky crane and the world's largest supersonic parachute, allowed the spacecraft carrying Curiosity to target the landing area that scientists had meticulously chosen.
The mission control in NASA's Jet Propulsion Laboratory in California burst into cheers as the rover touched down.. But if Curiosity detects them, Wray said, that might help scientists move from asking, "Was Mars ever habitable?" to "Did Mars actually host life?"
Curiosity's mission is also significant in an era when NASA's budgets are shrinking and China is becoming more ambitious in its space exploration program.
"I feel like it's a signal that we have the capability to do big and exciting things in the future." said Carol Paty, assistant professor at Georgia Tech's School of Earth and Atmospheric Sciences. "You can't not be excited.".
Rover to search for clues to life on Mars."
Image from the Rover:
SOURCE
Live Feed
Edited at 2012-08-06 08:24 am (UTC) | http://ontd-political.livejournal.com/9901731.html?thread=603059363 | 2013-05-18T10:13:25 | CC-MAIN-2013-20 | 1368696382261 | [
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Artist Statement: This little cutie is a new take on an old favourite. This time the bird pendant is cast in sterling silver and has been hand finished with a matte, scratch brush texture.
The oversized bird charm hangs from a 55cm sterling silver belcher chain, and sits just above the boobs on most ladies. Looks great layered with a shorter piece.
So super sweet and precious!
The sterling silver bird measures approx 32mm x 32mm.
Each pendant comes packaged in matte black gift box on black tissue paper, with a silver foil logo stamped on the lid. They are also placed in a clear zip lock bag to prevent tarnishing. They are then posted in a padded post bag. | http://oohsome.blogspot.com/2009/12/bird.html | 2013-05-18T10:53:19 | CC-MAIN-2013-20 | 1368696382261 | [] |
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178 F.3d 481
Joseph HALEK, Plaintiff-Appellee, Cross-Appellant,
v.
UNITED STATES of America, Defendant-Appellant, Cross-Appellee.
Nos. 98-3432, 98-3560.
United States Court of Appeals,
Seventh Circuit.
Argued April 16, 1999.
Decided May 19, 1999.
Charles E. Webster, Chicago, IL, for Plaintiff-Appellee in No. 98-3432.
Matthew D. Tanner (argued), Office of the United States Attorney, Civil Division, Chicago, IL, for Defendant-Appellant in No. 98-3432.
Marvin A. Brustin (argued), Chicago, IL, for Plaintiff-Appellant in No. 98-3560.
Thomas P. Walsh, Office of the United States Attorney, Civil Division, Chicago, IL, for Defendant-Appellee in No. 98-3560.
Before POSNER, Chief Judge, and BAUER and ROVNER, Circuit Judges.
POSNER, Chief Judge.
Joseph Halek sued the United States under the Federal Tort Claims Act for injuries that he sustained while servicing an elevator at the Great Lakes Naval Training Center. After a bench trial, the district judge, applying the tort law of Illinois (made applicable to this case by the Tort Claims Act, 28 U.S.C. §§ 1346(b), 2674; Molzof v. United States, 502 U.S. 301, 305, 112 S.Ct. 711, 116 L.Ed.2d 731 (1992)), found that the Navy had been negligent, but reduced Halek's damages by 20 percent to reflect Halek's own negligence, yielding a $1.4 million judgment. Both parties have appealed, but Halek's appeal requires only the briefest of mentions; he complains not about the 20 percent reduction in his damages because of his contributory fault but about the district judge's deducting pension and fringe benefits that Halek obtained from his employer as a consequence of the accident. In particular, the accident forced him to retire, thus accelerating the receipt of his pension. The government argues that since he could have retired then even if he hadn't been disabled from working by the accident, he didn't lose any wages as a result of the accident. But the evidence was that he wouldn't have retired then, and so he did lose those wages, along with the more generous pension benefits that he would have received had he deferred his retirement to the normal retirement age. As he points out, a tortfeasor is not permitted to credit compensation that his victim receives from another ("collateral") source as a consequence of the tort. Wilson v. Hoffman Group, Inc., 131 Ill.2d 308, 137 Ill.Dec. 579, 546 N.E.2d 524, 530 (1989). Halek paid, directly or indirectly, for the employee benefits that were triggered by the accident; the tortfeasor should not be permitted to appropriate those benefits by being allowed to offset them against what he owes his victim. That would both unjustly enrich the tortfeasor and reduce the deterrent effect of tort liability. But Halek failed to argue the point in the district court, and so it is not available to him on appeal.
The government's appeal, while conceding as it must that a landowner or land occupier has a duty of care to a business invitee, such as an elevator serviceman, argues that the duty is not violated by a hazard that is obvious to the invitee. Some hazards are so perspicuous that their mere existence is an adequate warning and thus discharges the landowner's duty of care. E.g., Bucheleres v. Chicago Park District, 171 Ill.2d 435, 216 Ill.Dec. 568, 665 N.E.2d 826, 836 (1996); Genaust v. Illinois Power Co., 62 Ill.2d 456, 343 N.E.2d 465, 472 (1976); Hoesly v. Chicago Central & Pacific R.R., 153 F.3d 478, 481 (7th Cir.1998) (applying Illinois law); Restatement (Second) of Torts § 343A(1) and comment e (1965). Was this such a case? The facts are not in dispute. Halek, an experienced elevator mechanic, performed routine maintenance once or twice a week on the elevators of one of the buildings in the naval base. The machinery for the elevators is housed in a small room at the top of the building. Cables connected to the roof of each elevator are looped over a large pulley which is turned by a motor, causing the elevator to rise or fall. Anyone who caught his hand between the pulley and the cables while the pulley was rotating away from the hand and thus pulling it into the "nip point" where the cables meet the pulley could suffer a grievous injury. The Navy had decided therefore to install an aluminum mesh cage around each pulley. But the cage did not surround the pulley completely. It enclosed it on three sides but left the space directly in front of the pulley unguarded. The reason, presumably, was that because the cage was bolted to the floor and therefore difficult to remove to get at the pulley, the mechanics would have had difficulty working on the pulley assembly had the cage gone all around it.
Halek had shut off the power to do some work on the elevator machinery and in the course of this work he mislaid a bolt. After he finished the work and turned the power back on he noticed the bolt lying in the narrow space between the pulley and the aluminum mesh cage. Had the cage not been there, Halek could easily have retrieved the bolt from the side; the bolt would have been between the pulley and him. But with that access blocked by the cage, Halek had to reach around the cage, to the open space in front of the pulley, and when he tried to do this his glasses caught in the mesh and when he tried to adjust them he tripped and his hand caught in the pulley--which was now moving, because someone had summoned the elevator just as Halek was reaching for the bolt.
The cage was dangerous, primarily because it was bolted to the floor. Had it been easily removable, Halek could have removed it and then retrieved the bolt from the side, with complete safety. Because the cage was not easily removable, he could retrieve the bolt only by reaching around the cage and in dangerous proximity to the pulley and cables, which might start to move at any time if someone summoned the elevator. Given the gravity of the injury that was likely to occur to anyone who fell into the machinery, the nontrivial probability of getting caught in unshielded machinery if one is working in close proximity to it, and the trivial expense of making the cage easily removable and therefore safe, the district judge was justified in finding that the Navy had been negligent. See, e.g., Deibert v. Bauer Bros. Construction Co., 141 Ill.2d 430, 152 Ill.Dec. 552, 566 N.E.2d 239, 244 (1990); American National Bank & Trust Co. v. National Advertising Co., 149 Ill.2d 14, 171 Ill.Dec. 461, 594 N.E.2d 313, 320 (1992).
Unless the danger was so obvious to the people working on the elevator machinery, or so easily avoidable by them (Halek had only to turn off the power to be entirely safe in reaching for the bolt), that the probability of an accident was really quite negligible. For in that event the failure to take precautions against such an accident might not have been negligent, cheap as those precautions would have been. Negligence is a function of the likelihood of an accident as well as of its gravity if it occurs and of the ease of preventing it, e.g., Jackson v. TLC Associates, Inc., 185 Ill.2d 418, 235 Ill.Dec. 905, 706 N.E.2d 460, 463 (1998); Bucheleres v. Chicago Park District, supra, 216 Ill.Dec. 568, 665 N.E.2d at 836-37; McCarty v. Pheasant Run, Inc., 826 F.2d 1554, 1556-57 (7th Cir.1987) (applying Illinois law); Bammerlin v. Navistar Int'l Transportation Corp., 30 F.3d 898, 902 (7th Cir.1994); Liriano v. Hobart Corp., 132 F.3d 124, 131 n. 12 (2d Cir.1998); United States v. Carroll Towing Co., 159 F.2d 169, 173 (2d Cir.1947) (L.Hand, J.), and the obviousness of a risk may make the likelihood of its materializing so slight that there is no need to try to eliminate the risk. That is the insight behind the "open and obvious" rule of negligence law, a "rule" that the Illinois courts now treat as a consideration in applying the negligence standard, Ward v. K mart Corp., 136 Ill.2d 132, 143 Ill.Dec. 288, 554 N.E.2d 223, 228-32 (1990); Deibert v. Bauer Bros. Construction Co., supra, 152 Ill.Dec. 552, 566 N.E.2d at 245, rather than as a defense. If the danger of an accident is itself a sufficient, and costless, warning, there may be no need for the potential injurer to take (additional) precautions. The incremental benefits would be negligible; they would not exceed the costs.
Ordinarily the danger posed by unshielded machinery is obvious in the sense just explained, the sense that makes "open and obvious" a critical and often a controlling factor in assessing negligence. E.g., Estrada v. Schmutz Mfg. Co., 734 F.2d 1218 (7th Cir.1984); Malinder v. Jenkins Elevator & Machine Co., 371 Pa.Super. 414, 538 A.2d 509, 515 (1988); cf. Anderson v. P.A. Radocy & Sons, Inc., 67 F.3d 619, 623 (7th Cir.1995); LeSuer v. United States, 617 F.2d 1197, 1200 (5th Cir.1980). But not always, McDonald v. Sandvik Process Systems, Inc., 870 F.2d 389, 393-94 (7th Cir.1989), and perhaps not here. The specific danger was not that of sticking one's hand in the clearly visible nip point between pulley and cables; it was losing one's balance while reaching for something lying in the cramped space between the aluminum mesh cage and the pulley assembly. The danger could be averted by turning off the power; but a person who did not recognize the danger would not take this precaution, and we cannot say with sufficient confidence to warrant overturning the trial judge's finding (which would require us to pronounce it clearly erroneous, e.g., Jackson v. United States, 156 F.3d 230, 234 (1st Cir.1998)) that the danger was so obvious that the Navy could not be thought negligent for having created the cramped space by making the aluminum mesh cage difficult to remove--that, in other words, the danger was warning enough to eliminate any significant risk of injury.
A factor often neglected in the analysis of negligence is the propensity of a precaution against one type of accident to increase the probability of another type. That effect is properly regarded as a cost of the precaution. But the government does not argue that a removable cage surrounding the pulley would have been dangerous because cleaning people might remove it to clean and then find themselves in greater danger of falling into the machinery than if the cage were fastened down but one side left open. Perhaps the optimal solution would be a removable cage with a sign warning that it should not be removed without turning off the power. We need not pursue the issue. The government's backup argument is different, is that even if the Navy was negligent, Halek was more negligent; and under Illinois law an accident victim can recover nothing if his negligence exceeded the injurer's. 735 ILCS 5/2-1116 (1994 ed.). (The current version of 5/2-1116 is inapplicable, having become effective after Halek's accident.) A danger, though in one sense open and obvious, might yet be the sort of danger against which a prudent potential injurer would take some precautions because of the risk of potential victims' being distracted, e.g., Ward v. K mart Corp., supra, 143 Ill.Dec. 288, 554 N.E.2d at 232-33, and so the failure to take those precautions would be negligence; and yet the potential victim might in the circumstances have acted imprudently as well, and so the negligence of the parties would have to be compared.
We would have a difficult case if the government were arguing only that the trial judge's 20 percent deduction from Halek's damages to reflect his contribution to the accident was too low--that Halek's negligence was clearly (for this is another issue governed by the clearly-erroneous rule, Wolkenhauer v. Smith, 822 F.2d 711, 717 (7th Cir.1987); Jackson v. United States, supra, 156 F.3d at 235) at least 33 or 40 percent responsible for the accident. The government has instead decided to go for broke, requiring us to find (if we are to reverse on the basis of Halek's negligence) that Halek was more responsible for the accident than the Navy. We cannot do that with enough confidence to overturn another finding that comes to us protected by the clearly-erroneous rule. Halek was indeed careless, though not in tripping and falling into the pulley assembly, which could have happened to anyone, given the awkward placement of the aluminum mesh cage, but rather in failing to turn off the power first. Of course there is a certain reluctance to shut down an elevator even when that can be done, as it could be done here, without trapping a passenger. The power control indicated whether the elevator doors were open, and if they were, then the elevator had to be on one of the floors (and thus not moving) rather than between floors, so a cessation of power would not result in the passenger's being trapped in the elevator, something no one likes. But even when there is no danger of trapping a passenger, turning off the power interrupts the elevator service and this no one is eager to do. (There were, though, two elevators.) Nevertheless, given the proximity of the orphaned bolt to the pulley, and the cramped area that Halek would have to enter in order to retrieve the bolt, prudence dictated that he shut off the power, since the elevator might start up, and hence the pulley start rotating, at any time; and this he failed to do. But to call this failure more negligent than the Navy's failure to design a proper cage would require us to make the kind of guess that is reserved to the finder of fact, other than in hopelessly one-sided cases, which this is not, or in any event not quite.
Affirmed. | http://openjurist.org/178/f3d/481 | 2013-05-18T10:14:45 | CC-MAIN-2013-20 | 1368696382261 | [] |
179 U.S. 641
21 S.Ct. 249
45 L.Ed. 355
SOUTHERN RAILWAY COMPANY, Plff. in Err.,
v.
No. 64.
Argued November 2, 1900.
Decided January 7, 1901.
This was a proceeding commenced by the Postal Telegraph-Cable Company (hereinafter called the telegraph company) against the Southern railway Company (hereinafter called the railway company) to acquire by condemnation the right to construct its telegraph line along and over the railway company's right of way through the state of North Carolina. The petition therefor was filed by the telegraph company in the office of the clerk of the superior court of Guilford county, North Carolina, on June 11, 1898. A summons was issued requiring the railway company to appear before the clerk of the superior court on June 22, 1898, and answer. On that day the railway company entered a special appearance and filed a petition and bond for the removal of the case to the United States circuit court for the western district of North Carolina. Sundry proceedings were had in that court, such as a motion to remand, which it is unnecessary to notice. On August 31, 1898, the telegraph company by leave filed an amended petition. On September 15, 1898, the court made an order by which it directed its clerk to appoint three commissioners to assess damages and prescribed their powers and duties. On September 19, 1898, the clerk appointed the commissioners as directed, and fixed the time and place for their meeting, and on the same day issued a notice to the railway company of his action. These orders were made on the application of the telegraph company and without notice to the railway company. Thereupon the railway company moved the court to set aside its order of September 15 and for leave to answer. On September 23 the court temporarily suspended the order of September 15. On October 24 an answer was filed, a demurrer of the telegraph company was sustained, and when the railway company asked leave to introduce testimony sustaining the averments of its answer the court overruled the application and refused to permit the railway company to introduce testimony, and so far as was needed reinstated its order of September 15, 1898. Before any further proceedings and without waiting for the assessment of damages by the commissioners and the confirmation of their award by the court, a writ of error and supersedeas was obtained by the railway company, and the case was transferred under such writ of error to the circuit court of appeals for the fourth circuit. That court, on March 31, 1899, dismissed the writ of error for want of jurisdiction, on the ground that no final order had been entered in the circuit court. 35 C. C. A. 366, 93 Fed. Rep. 393. To review this ruling this writ of error was sued out.
Messrs. A. L. Holladay and Robert Stiles for plaintiff in error.
Mr. J. R. McIntosh for defendant in error.
Mr. Justice Brewer delivered the opinion of the court:
The single question we deem it necessary to consider is whether a final judgment or order had been entered by the circuit court which could be taken by writ of error to the circuit court of appeals.
Luxton v. North River Bridge Co. 147 U. S. 337, 341, 37 L. ed. 194, 196, 13 Sup. Ct. Rep. 356, is decisive of this question. Indeed, little more seems necessary than a reference to the opinion in that case. There, as here, in condemnation proceedings, an order was made appointing commissioners to assess damages. To reverse this order a writ of error was sued out, and by that writ of error an attempt was made to challenge the constitutionality of the act authorizing the condemnation, but this court dismissed the writ on the ground that the order was not a final judgment, saying, after referring to possible proceedings in the state court, that the action of the United States circuit court could be reviewed here of September 24, 1789, chap. 20, § 22; 1 Stat. at L. 84, chap. 20; Rev. Stat. § 691; Rutherford v. Fisher, 4 Dall. 22, 1 L. ed. 724; Holcomb v. McKusick, 20 How. 552, 554, 15 L. ed. 1020, 1021; Louisiana Nat. Bank v. Whitney, 121 U. S. 284, 30 L. ed. 961, 7 Sup. Ct. Rep. 897; Keystone Manganese & Iron Co. v. Martin, 132 U. S. 91, 33 L. ed. 275, 10 Sup. Ct. Rep. 32; McGourkey v. Toledo & O. C. R. Co. 146 U. S. 536, 36 L. ed. 1079, 13 Sup. Ct. Rep. 170.'
Reference is made by counsel to Wheeling & B. Bridge Co. v. Wheeling Bridge Co. 138 U. S. 287, 34 L. ed. 967, 11 Sup. Ct. Rep. 301, in which this court sustained its jurisdiction of a writ of error to the supreme court of appeals of West Virginia, and inquired into the validity of a judgment of that court affirming an order of a trial court appointing commissioners under a somewhat similar statute. But that decision was based on the fact that the order of the trial court had been held by the state supreme court to be a final judgment, on which a writ of error would lie, and therefore, being a final judgment in the view of the highest court of the state, it ought to be considered final here for the purposes of review. But no such ruling obtains in the supreme court of North Carolina. On the contrary, that court has repeatedly held that an order appointing commissioners in condemnation proceedings is not a final judgment, nor subject to review until after the confirmation of the award of the commissioners. American U. Teleg. Co. v. Wilmington, C. & A. R. Co. 83 N. C. 420, is a case directly in point. In that case a proceeding was commenced by a telegraph company to obtain a right of way for the construction and operation of its telegraph lines along the roadway of a railroad company, and, as shown by the opinion of the supreme court, at a hearing before the trial judge he adjudged the telegraph company entitled to the right of way, and appointed commissioners to ascertain and report the damages. An attempt was made to take this order to the supreme court for review, but the right to do so was denied, the court saying (p. 421):
'Upon a careful examination of the statute, and the portions of the act of February 8th, 1872, by reference incorporated with it, and regarding the policy indicated in both to favor the construction and early completion of such works of internal improvement, telegraphic being upon the same footing as railroad corporations, we are of opinion it was not intended in these enactments to arrest the proceeding Davie County Comrs. v. Cook, 86 N. C. 18, the same ruling was made and the prior case in terms affirmed. Again, in Norfolk & S. R. Co. v. Warren, 92 N. C. 620, the two prior cases were cited and approved. Still again, in Hendrick v. Carolina C. R. Co. 98 N. C. 431, 4 S. E. 184, the same ruling was made, although it appeared that the facts were all agreed upon, the court saying (p. 432, S. E. p. 185):
'That the defendant broadly denies the plaintiff's alleged rights and grievances, and the parties agreed upon the facts, could not give the right of appeal at the present stage of the proceeding, because the order appealed from was nevertheless interlocutory, and an appeal from the final judgment would bring up all questions arising in the course of the proceeding, without denying or impairing any substantial rights of the defendant.
'The order appealed from is very different from that in the similar case of Click v. Western N. C. R. Co. 98 N. C. 390, 4 S. E. 183; in the latter the court denied the motion for an order appointing commissioners, and dismissed the proceeding, thus putting an end to the right of the plaintiff therein, and therefore an appeal lay in that case.'
The changes in the statute referred to by counsel for plaintiff in error, made subsequently to these decisions, may affect the mode of procedure and the basis for estimating damages, but in no manner affect the question as to the finality of the order appointing commissioners.
Neither does the order made by this court at the last term, denying the defendant's motion to dismiss, have any bearing on this question. That ruling determined simply our jurisdiction, not that of the circuit court of appeals. That we have jurisdiction in such a case had already been adjudged. Aztec Min. Co. v. Ripley, 151 U. S. 79, 38 L. ed. 50, 14 Sup. Ct. Rep. 236. Having jurisdiction to examine the proceedings in the circuit court of appeals, if we had found its ruling erroneous, we should have reversed its order dismissing the writ of error, but as we hold that its ruling was correct, its judgment is affirmed. | http://openjurist.org/179/us/641 | 2013-05-18T10:42:28 | CC-MAIN-2013-20 | 1368696382261 | [] |
.
Argued November 3 and 4, 1915.
Decided January 10, 1916.
Assistant to the Attorney General G. Carroll Todd and Special Assistant to the Attorney General Thurlow M. Gordon for the United States.
Messrs. Charles P. Spooner, John C. Spooner, and James L. Bishop for the Hamburg-American Steamship Company et al.
Messrs. Lucius H. Beers and Allan B. A. Bradley for the Cunard Steamship Company et al.
Messrs. Charles C. Burlingham and Roscoe H. Hupper for the American Line et al.
[Argument of Counsel from page 467 intentionally omitted]
Messrs. Joseph Larocque, William G. Choate, and Nelson Shipman for the North German Lloyd et al.
Mr. Ralph James M. Bullowa for the Russian East Asiatic Steamship Company et al. (26 Stat. at L. 209, chap. 647, Comp. Stat. 1913, § 8820). per retrun. £4 paid per cent £1,000 for each per cent of traffic allotted to it in the pool. From this amount penalties may be collected ranging from £250 Fed.. Chap. 349, §§ 73-77, 28 Stat. at L. 570, Comp. Stat. 1913, §§ 8831-8835; chap. 11, § 34, 30 Stat. at L. 213; Joint Resolution, 38 Stat. at L., 21 L. ed. 97; United States v. Lapene, 17 Wall. 601, 21 L. ed. 693, & T. R. Co. 149 U. S. 308, 314, 37 L. ed. 747, 748, 13 Sup. Ct. Rep. 876:
,,, 40 L. ed. 293, 16 Sup. Ct. Rep. 132, Min. Co. v. Amador Medean Gold Min. Co. 145 U. S. 300, 36 L. ed. 712, 12 Sup. Ct. Rep. 921,. | http://openjurist.org/239/us/466 | 2013-05-18T11:05:32 | CC-MAIN-2013-20 | 1368696382261 | [] |
285 F.2d 733
Charles Robert O'MALLEY, Appellant,
v.
UNITED STATES of America, Appellee.
No. 14242.
United States Court of Appeals Sixth Circuit.
January 13, 1961.
Chase Shafer, Cincinnati, Ohio, appointed by court, for appellant.
Thomas S. Schattenfield, Asst. U. S. Atty., Columbus, Ohio, for appellee, Hugh K. Martin, U. S. Atty., Columbus, Ohio, on the brief.
Before MILLER, CECIL and O'SULLIVAN, Circuit Judges.
SHACKELFORD MILLER, Jr., Circuit Judge.
Appellant filed motion in the District Court under the provisions of Section 2255, Title 28 U.S.Code, to vacate a judgment and sentence of twenty-five years under an indictment charging him with the offense of bank robbery, Section 2113, Title 18 U.S.Code.
The allegations challenging the weight of the evidence cannot be considered in this collateral attack upon the judgment, in that they were properly reviewable by an appeal, which appellant did not prosecute. Whiting v. United States, 6 Cir., 196 F.2d 619.
Nor can we consider the allegation that the conviction is based upon perjured testimony. Taylor v. United States, 9 Cir., 221 F.2d 228; Elliott v. United States, 8 Cir., 268 F.2d 135.
There remains for consideration appellant's additional contention that he was denied the effective assistance of counsel, and particularly his complaint that his counsel did not use a witness who appellant contends would have testified in his behalf, and that two other witnesses who would have testified for him were sent home by his counsel before the termination of the trial without being called to testify.
Appellant's counsel was of his own choosing. Under such circumstances the rule has been often stated that only if it can be said that what was or was not done by the defendant's attorney for his client made the proceedings a farce and a mockery of justice, shocking to the conscience of the Court, can a charge of inadequate legal representation prevail. Cofield v. United States, 9 Cir., 263 F.2d 686, 689; Mitchell v. United States, 104 U.S.App.D.C. 57, 259 F.2d 787, 792-793, certiorari denied, 358 U.S. 850, 79 S.Ct. 81, 3 L.Ed.2d 86; Diggs v. Welch, 80 U.S.App.D.C. 5, 148 F.2d 667, 670, certiorari denied, 325 U.S. 889, 65 S.Ct. 1576, 89 L.Ed. 2002; United States v. Miller, 2 Cir., 254 F.2d 523; Anderson v. Bannan, 6 Cir., 250 F.2d 654, 655; United States ex rel. Feeley v. Ragen, 7 Cir., 166 F.2d 976, 980-981.
In Anderson v. Bannan, supra, 6 Cir., 250 F.2d 654, 655, this Court pointed out, "A criminal trial before a jury involves questions of policy and judgment, as well as knowledge of the law. In the aftermath of a trial, it is often found that even the most able of counsel may have erred in some respects.". Counsel's decision not to subpoena or use certain witnesses is often a matter addressed to the judgment of the trial attorney. Bolden v. United States, 105 U.S.App.D.C. 259, 266 F.2d 460, 461, Flourre v. United States, 6 Cir., 217 F.2d 132. Many questions may arise in the course of a trial, which must be left to the decision of the defense attorney. The fact that a different or better result may have been obtained if a different decision had been made, does not mean that the defendant has not had the effective assistance of counsel. United States v. Duhart, 2 Cir., 269 F.2d 113, 115; Felton v. United States, 83 U.S.App.D.C. 277, 170 F.2d 153, 154. An excellent discussion of this subject is found in Mitchell v. United States, supra, 104 U.S.App. D.C. 57, 259 F.2d 787, certiorari denied, 358 U.S. 850, 79 S.Ct. 81, 3 L.Ed.2d 86.
In Diggs v. Welch, supra, 80 U.S.App.D.C. 5, 148 F.2d 667, 670, certiorari denied, 325 U.S. 889, 65 S.Ct. 1576, 89 L.Ed. 2002, the Court said, "Few trials are free from mistakes of counsel. How much these mistakes contributed to the result can never be measured. There are no tests by which it can be determined how many errors an attorney may make before his batting average becomes so low as to make his representation ineffective. The only practical standard for habeas corpus is the presence or absence of judicial character in the proceedings as a whole." See also: Edwards v. United States, 103 U.S.App. D.C. 152, 256 F.2d 707, 709, certiorari denied, 358 U.S. 847, 79 S.Ct. 74, 3 L.Ed. 2d 82.
We are of the opinion that the allegations of the motion to vacate, accepted as a correct statement of the facts for present purposes, do not constitute as a matter of law a failure to have the effective assistance of counsel in the trial resulting in appellant's conviction. Since the allegations are accepted as a correct statement of the facts, it is unnecessary that a hearing be held. Mitchell v. United States, supra, 104 U.S.App.D.C. 57, 259 F.2d 787, 794, certiorari denied, 358 U.S. 850, 79 S.Ct. 81, 3 L.Ed.2d 86.
Following the entry of the order overruling the motion to vacate, appellant filed an amendment to his motion to vacate, which alleged that the U. S. District Attorney and appellant's attorney "entered in a collusion to deprive Petitioner of the witnesses for Petitioner's defense." The District Judge ruled that it was a bare statement of conclusion and presented no new matter showing that appellant was entitled to relief, and declined further consideration. Appellant contends that he was entitled to be heard on the amended motion. United States v. Hayman, 342 U.S. 205, 223, 72 S.Ct. 263, 96 L.Ed. 232; Price v. Johnston, 334 U.S. 266, 291-292, 68 S.Ct. 1049, 92 L.Ed. 1356.
When a motion is made to vacate or set aside a judgment under Section 2255, the movant must set forth facts which entitle him to relief. Conclusions, not substantiated by allegations of fact with some probability of verity, are not sufficient to warrant a hearing. United States v. Trumblay, 7 Cir., 256 F.2d 615, 617, certiorari denied, 358 U.S. 947, 79 S.Ct. 355, 3 L.Ed.2d 353; United States v. Mathison, 7 Cir., 256 F.2d 803, 804-805, certiorari denied, 358 U.S. 857, 79 S.Ct. 77, 3 L.Ed.2d 91; Johnson v. United States, 6 Cir., 239 F.2d 698, certiorari denied, 354 U.S. 940, 77 S.Ct. 1404, 1 L.Ed.2d 1539; Mitchell v. United States, supra, 104 U.S.App.D.C. 57, 259 F.2d 787, 792-793, certiorari denied, 358 U.S. 850, 79 S.Ct. 81, 3 L.Ed.2d 86; United States ex rel. Swaggerty v. Knoch, 7 Cir., 245 F.2d 229, 230. See also: Loum v. Underwood, 6 Cir., 262 F.2d 866. In our opinion, the District Judge was not in error in declining to give the amended motion further consideration. Dunn v. United States, 6 Cir., 234 F.2d 219, 221, certiorari denied, 352 U.S. 899, 77 S.Ct. 140, 1 L.Ed.2d 90.
The judgment is affirmed. | http://openjurist.org/285/f2d/733/omalley-v-united-states | 2013-05-18T10:24:46 | CC-MAIN-2013-20 | 1368696382261 | [] |
745 F.2d 493
117 L.R.R.M. (BNA) 2638, 101 Lab.Cas. P 11,213
NATIONAL LABOR RELATIONS BOARD, Petitioner,
v.
CHICAGO MARINE CONTAINERS, INC., Respondent.
No. 83-1909.
United States Court of Appeals,
Seventh Circuit.
Argued May 8, 1984.
Decided Oct. 4, 1984.
L. Pat Wynns, N.L.R.B., Elliott Moore, N.L.R.B., Washington, D.C., for petitioner.
Dana S. Connell, Matkov, Griffin, Parsons, Salzman & Madoff, Chicago, Ill., for respondent.
Before WOOD and ESCHBACH, Circuit Judges, and KELLAM, Senior District Judge.*
HARLINGTON WOOD, Jr., Circuit Judge.
The National Labor Relations Board (the "Board") seeks enforcement of its order finding Chicago Marine Containers, Inc. ("the company") in violation of subsections (a)(1) and (a)(5) of section 8 of the Labor Management Relations Act, 29 U.S.C. Sec. 158(a)(1), (5) (1982), because of the company's refusal to bargain with the United Electrical, Radio and Machine Workers of America ("the union"), the union certified as the exclusive bargaining representative of the company's employees. The company admittedly has refused to bargain with the union, which won election with over ninety percent of the votes, to test the propriety of the Board's certification of the union. We conclude that the company's challenges to the representation election are wholly without merit. The Board's order will be enforced.
I.
On July 1, 1981, a majority of the company's employees voted to be represented by the Electrical Workers in place of the Sheet Metal Workers, their former representative.1 Five days later, the company filed timely objections to the election, seeking to set aside the result because the union allegedly had (1) engaged in pre-election "misrepresentations of fact and other false and misleading statements concerning crucial issues"; (2) threatened and coerced employees into supporting the union; (3) engaged in conduct that "impugned the integrity" of the Board's processes; all of which (4) interfered with the holding of a free and fair election.
These objections were investigated by the Board's regional director without a hearing. On August 19, 1981, the regional director issued a Supplemental Decision on Objections that overruled the company's objections and certified the union as the employees' bargaining representative. The company sought review of the regional director's decision with the Board, contending that the regional director erred in overruling the company's objections, in failing to assess the union's cumulative conduct, and in denying the company a hearing on the objections. On September 24, 1981, the Board summarily denied the company's request for review and a hearing on the ground that no substantial issues were raised warranting further proceedings.
The company thereafter refused to bargain with the union. The union filed unfair labor practices charges, and a complaint issued. In its answer, the company defended itself by claiming that the union was not validly certified as the bargaining representative because of improprieties in the election. The Board entered summary judgment against the company. The Board disposed of the issues raised by the company in the unfair labor practices proceeding by holding that the issues had been or could have been litigated in the representation proceeding, that the company had failed to offer at a hearing any newly discovered or previously unavailable evidence, and had not alleged the existence of any special circumstances requiring the Board to reexamine its decision in the representation proceeding. Accordingly, the Board concluded that the company's refusal to bargain violated subsections (a)(1) and (a)(5) of section 8 of the Labor Management Relations Act and directed the company to cease and desist from refusing to bargain with the union. This appeal followed.
II.
On appeal, the company challenges the Board's refusal to grant it an evidentiary hearing and renews its four objections to the validity of the representation election because of alleged unlawful pre-election conduct by the union.
A.
A party challenging a representation election is entitled to an evidentiary hearing only when it raises substantial and material factual issues and proffers evidence that establishes a prima facie case for setting aside the election. NLRB v. Howard Johnson Motor Lodge, 705 F.2d 932, 934 (7th Cir.1983); Advertisers Manufacturing Co. v. NLRB, 677 F.2d 544, 546 (7th Cir.1982); cf. Board Rules and Regulations, 29 C.F.R. Sec. 102.69(d) (1984).
The Board is entitled to rely on the Regional Director's report in the absence of specific exceptions supported by offers of proof of facts contrary to the Regional Director's findings. NLRB v. Belcor, Inc., 652 F.2d 856, 859 (9th Cir.1981). If, however, there are substantial and material factual disputes between the election report and the exceptions, a hearing is required. Id.
NLRB v. Advanced Systems, Inc., 681 F.2d 570, 572 (9th Cir.1982).
We believe, as we make clear in our discussion of the company's specific objections, that the company has failed to provide evidence establishing a prima facie case of election impropriety. In addition, the company, through all of its challenges, has not taken issue with any factual findings by the regional director; it has merely disagreed with the regional director's conclusions. See Magic Pan, Inc. v. NLRB, 627 F.2d 105, 109 (7th Cir.1980); Louis-Allis Co. v. NLRB, 463 F.2d 512, 520 (7th Cir.1972). As we find below, the facts as alleged do not warrant setting aside the election, and therefore the Board's refusal to grant an evidentiary hearing is supported by substantial evidence.2
B.
The company renews its first and third objections regarding alleged misrepresentations made by the union in its pre-election campaign literature. The company's first objection is that the union made material misrepresentations about the Sheet Metal Workers, the company, and their relationship. The company points to language in the union literature stating that the company was "pushing [the employees] around," that the Sheet Metal Workers "did nothing to help," and that the existing bargaining agreement was "a cozy little marriage license." The company's third objection is that the union impugned the integrity of Board proceedings by misrepresenting their purpose and effect through statements in the campaign literature characterizing the Sheet Metal Worker's pre-election unfair labor practices charges against the company, which had the effect of temporarily "blocking" the election, as "phony" and motivated by a desire to "stall the election."
The parties disagree as to what standard we should apply in determining whether the union's pre-election statements justify setting aside the election. The Board has vacillated between two standards. The first of these standards, enunciated originally in Hollywood Ceramics Co., Inc., 140 N.L.R.B. 221 (1962), requires that a representation election.
Peerless of America, Inc. v. NLRB, 576 F.2d 119, 123 (7th Cir.1978); see Hollywood Ceramics, 140 N.L.R.B. at 224. The second standard, most recently described in Midland National Life Insurance Co., 263 N.L.R.B. 127 (1982), rejects the position of setting aside an election based on the substance of the misrepresentation. Instead, under Midland, the Board will intervene only when the misrepresentation involves the use of "an official Board document [which] has been altered in such a way as to indicate an endorsement by the Board of a party to the election," or "forged documents which render voters unable to recognize propaganda for what it is." Midland, 263 N.L.R.B. at 133 & n. 25. See also St. Elizabeth Hospital v. N.L.R.B., 715 F.2d 1193, 1198 (7th Cir.1983).
At the time the regional director made his recommendations and at the time they were affirmed by the Board, the Hollywood Ceramics standard was in effect.3 Applying that standard, the regional director found no material misrepresentations. On appeal, counsel for the Board urges us to apply the Midland standard. The company does not dispute that the Board's new policy is a permissible exercise of the Board's discretion, but contends that the new policy should not be applied retroactively to this case.
We note initially that, even applying pre-Midland policies, the Board's decision is supported by substantial evidence. The company's objections, based as they are on certain statements appearing in the union's campaign literature that are obvious expressions of opinion, are entirely without merit. The statements that the company was pushing the employees around, that the incumbent Sheet Metal Workers union had done nothing, and that the Sheet Metal Workers union's relationship with the company was a "cozy little marriage license" are, as found by the regional director, "legitimate campaign propaganda" and not misrepresentations at all. They are precisely the kind of insubstantial "derogatory statements about the other party" that the Board in Hollywood Ceramics specifically noted could not be expected to have any impact on an election. 140 N.L.R.B. at 224. Such language should be left " 'to the good sense of the voters ....' " Baker Canning Co. v. NLRB, 505 F.2d 574, 576 (7th Cir.1974) (citation omitted).
In addition, as noted by the regional director, although the union's campaign literature appeared at least two weeks prior to the election, the company made no effort in its ensuing campaign literature to respond to the statements. Finally, the statements involve matters within the knowledge of the employees; the employees were intimately familiar with the bargaining relationship between the Sheet Metal Workers and the company and were entirely capable of evaluating the statements for what they were--mere opinions. See Melrose-Wakefield Hospital Association v. NLRB, 615 F.2d 563, 568 (1st Cir.1980).
Similarly, the union's statements that the Sheet Metal Workers' pre-election unfair labor practices charges were "phony" and designed to "stall" the election were obviously only the opinion of the leaflet writers. As noted by the regional director, these statements "did not suggest either directly or indirectly that the Board endorsed a particular choice in the election [or] otherwise impugn the Board's processes." Furthermore, the regional director observed that the only statement relating directly to the Board's procedures--the statement that advised employees that an election could not be held during the pendency of the Sheet Metal Workers' unfair labor practices charges--was factually accurate and "correctly stated the general rule with respect to blocking charges." See NLRB Casehandling Manual Part II, Sec. 11730. Finally, even if the statements in the company's view mischaracterized the company's motives, the company and the Sheet Metal Workers had a week in which to respond to them.
Although the company's first and third objections obviously fail under pre-Midland rules, we take this opportunity to clarify the circumstances under which Midland should be applied retroactively and hold that Midland applies here.4 We note initially that appellate courts ordinarily apply the law in effect at the time the appellate decision is made. See Bradley v. Richmond School Board, 416 U.S. 696, 711, 94 S.Ct. 2006, 2016, 40 L.Ed.2d 476 (1974). In deciding whether to follow an intervening change of policy by an administrative agency, however, it is appropriate to allow the agency to decide in the first instance whether giving the change retroactive effect will best effectuate the policies underlying the agency's governing act. See NLRB v. Food Store Employees Union, Local 347, 417 U.S. 1, 10 n. 10, 94 S.Ct. 2074, 2080 n. 10, 40 L.Ed.2d 612 (1974). In Midland, the Board specifically stated that its new policy would apply to "all pending cases in whatever stage." 263 N.L.R.B. at 133 n. 24 (emphasis added) (quoting Deluxe Metal Furniture Co., 121 N.L.R.B. 995, 1007 (1958)). We think that this broad language reveals an intent to apply Midland retroactively to cases, like this one, which were not before us at the time Midland was decided.5
Although we are not bound by the Board's views on retroactive application, we have previously indicated that we would apply Midland retroactively in cases decided by the Board under the Hollywood Ceramics rule and appealed to us after Midland, see NLRB v. Milwaukee Brush Manufacturing Co., 705 F.2d 257, 258 (7th Cir.1983) (per curiam),6 unless we were unsure whether the Board would have wanted the Midland rule to be applied retroactively because of unusual circumstances that cast doubt on whether the election results indicate the free choice of the majority, see St. Elizabeth Hospital v. NLRB, 715 F.2d 1193, 1198 (7th Cir.1983); Mosey Manufacturing Co. v. NLRB, 701 F.2d 610, 612 (7th Cir.1983) (en banc). In Mosey, the election took place five years prior to the court's opinion and was decided by only one vote. During the pendency of that case, the Board had changed the rule on misrepresentations twice and, as a result, protracted and expensive litigation occurred. Id. at 612. We observed that these facts made the case "so unusual ... that we cannot be sure it was in the Board's contemplation when the Board announced ... that the new rule would apply to all pending cases." Id. We noted that remand to the Board would therefore be appropriate to allow the Board to decide which standard to apply, but declined to do so because the lengthy, Board-caused delay convinced us that its order should not be enforced at all. In St. Elizabeth, we remanded to the Board for a determination of which standard to apply because the election was decided by four votes, three of which were challenged, and there were very strong indications that the alleged misrepresentations might have satisfied Hollywood Ceramics.
This case does not demonstrate the unusual circumstances present in Mosey and St. Elizabeth. Here the election was won by a margin of one hundred and sixteen of the one hundred and fifty-three valid votes cast. The Board has changed the rule on misrepresentations only once since the election. While the election was held three years ago, the delay was occasioned only by the ordinary process of administrative and judicial review.7 In addition, as we noted earlier, the outcome of the case would be the same whichever standard is applied.
Finally, this is not a case in which manifest injustice would result to the company from retroactive application of the Midland standard. See Bradley, 416 U.S. at 711, 94 S.Ct. at 2016. In analyzing whether any manifest injustice would result from retroactive application of a rule, we consider the reliance of the parties on pre-existing law, the effect of retroactivity on accomplishing the purpose of the law, and any injustice arising from retroactive application. See Chevron Oil Co. v. Huson, 404 U.S. 97, 107, 92 S.Ct. 349, 355, 30 L.Ed.2d 296 (1971). In this case, there was no clear precedent on which the company could rely. In the four years prior to this election, the misrepresentation rule changed three times amid acrimonious debate. See, e.g., Shopping Kart Food Market, Inc., 228 N.L.R.B. 1311, 1315 (1977) (members Fanning and Jenkins dissenting in part); General Knit of California, Inc., 239 N.L.R.B. 619, 624 (1978) (member Penello dissenting); Midland, 263 N.L.R.B. at 133 (members Fanning and Jenkins dissenting). The company makes no argument that retroactive application of Midland will in any way retard its operation or purpose. Finally, the only hardship or injustice the company can complain of is that during the campaign it was more honest than it was legally required to be. This is not the sort of hardship contemplated in Chevron and Bradley. See NLRB v. Semco Printing Center, 721 F.2d 886, 892 (2d Cir.1983); NLRB v. Monark Boat Co., 713 F.2d 355, 361 (8th Cir.1983).
Because the Board intended Midland to govern here, and because there is no reason to apply it prospectively only, this court will consider the company's misrepresentation objections under the Midland standard. Applying the Midland standard to the present case, it is clear that neither the company's first nor its third objection requires that the July 1, 1981 election be set aside. None of the allegedly objectionable statements involved the use of forged documents or altered Board documents.
C.
In its second objection, the company alleged that the union and its agents coerced employees into supporting or refraining from opposing the union and created an atmosphere of fear among the employees. A party seeking to overturn an election because of coercive conduct carries a heavy burden. The test is "whether the coercive conduct so influenced potential voters that free choice was impossible." NLRB v. Advanced Systems, Inc., 681 F.2d 570, 575 (9th Cir.1982).
The only "evidence" the company submitted was the allegation in its supporting position letter that "to the best of the [company's] knowledge, several employees were threatened with the loss of their jobs or benefits if they supported the Sheet Metal Workers." The company never stated the factual basis for this conclusory allegation. Although the regional director provided the company with an opportunity to submit supporting facts, the company failed to do so; the company was unable to provide, for example, the name of anyone who made, witnessed, or was the target of any alleged threat. At oral argument before this court, counsel for the company admitted that the record did not reflect anything about the basis of the company's knowledge of these alleged threats. He went on to argue, however, that "allegations" of coercion were sufficient to entitle the company to an evidentiary hearing.
As we noted earlier, in order to be entitled to an evidentiary hearing, the objecting party must offer facts sufficient to sustain a prima facie case. In Howard Johnson, we referred to the requirement of a substantial "factual allegation," 705 F.2d at 934, and in no way intimated that conclusory allegations unsupported by references to any underlying facts would be sufficient to establish a prima facie case. Other courts have emphasized that the objecting party must supply " 'specific evidence from or about specific people' in support of allegations having a basis in law which, if credited, would be sufficient to overturn the election." NLRB v. Golden Age Beverage Co., 415 F.2d 26, 33 (5th Cir.1969) (citing NLRB v. Douglas County Electric Membership Corp., 358 F.2d 125, 130 (5th Cir.1966); see also NLRB v. Allis-Chalmers, 680 F.2d 1166, 1170 (7th Cir.1982) (Eschbach, J., concurring).
No evidence establishing a factual basis for the coercion charge was supplied in this case. In our view, to make an objection about coercive conduct without any underlying factual support is an abuse of the administrative and judicial processes and evidences a mind bent on achieving protracted delay through litigation mischief. The company has succeeded in avoiding negotiating for over three years with a union overwhelmingly favored by the majority of the company's employees. Conduct of this sort by employers threatens to make a mockery of employees' freedom of choice.
We need not address the company's fourth objection, since that cumulative charge rested on the strength of its other objections, all of which we have found to be without merit. For the reasons stated above, the Board's order is
ENFORCED.
The Honorable Richard B. Kellam, Senior District Judge of the Eastern District of Virginia, is sitting by designation
The election results were as follows:
Approximate number of eligible voters ........ 196 Void ballots ................................... 1 Votes cast for the union ..................... 137 Votes cast for the Sheet Metal Workers ........ 12 Votes cast against participating in labor organizations ................................ 4 Challenged ballots ............................. 2 Valid votes counted plus challanged ballots .. 155
We held in Mosey Manufacturing Co. v. NLRB, 701 F.2d 610 (7th Cir.1983) (en banc), that our review of the Board's application of a rule to the facts of a particular case is governed by the "substantial evidence" test. Id. at 615. Because the assessment of whether a prima facie case exists so as to warrant an evidentiary hearing involves the application of the Board's substantive rules to facts, see NLRB v. Howard Johnson Motor Lodge, 705 F.2d 932, 934 (7th Cir.1983), any decision based on such an assessment must be supported by substantial evidence
Hollywood Ceramics was overruled in Shopping Kart Food Market, Inc., 228 N.L.R.B. 1311 (1977), in which the Board stated that it would "no longer probe into the truth or falsity of the parties' campaign statements" but would intervene "in instances where a party has engaged in such deceptive campaign practices as improperly involving the Board and its processes, or the use of forged documents which render the voters unable to recognize the propaganda for what it is." Id. at 1311, 1313. The Board overturned Shopping Kart and reinstated the Hollywood Ceramics standard, however, less than two years later in General Knit of California, Inc., 239 N.L.R.B. 619 (1978), and then reversed itself again in Midland. The entire chronology is as follows:
December 20, 1962: Hollywood Ceramics
April 8, 1977: Shopping Kart (overruling Hollywood
Ceramics)
December 6, 1978: General Knit (overruling Shopping
Kart and readopting Hollywood
Ceramics)
August 4, 1982: Midland (overruling Hollywood
Ceramics/General Knit and
readopting Shopping Kart)
Although we apply Midland retroactively here, we note that there may be situations in which it might be inappropriate to be strictly bound by the Midland standard. See Van Dorn Plastic Machinery Co. v. NLRB, 736 F.2d 343, 348 (6th Cir.1984); NLRB v. New Columbus Nursing Home, Inc., 720 F.2d 726, 729 (1st Cir.1983)
In Certainteed Corp. v. NLRB, 714 F.2d 1042 (11th Cir.1983), the Eleventh Circuit undertook an exhaustive analysis of the retroactivity question as it related to cases pending before the courts of appeals at the time Midland was decided; unable to determine what the Board's intent was with respect to those cases, the court remanded for decision of that question. The Board has since indicated that it will not apply Midland to cases which the circuit courts decided and remanded to the Board before Midland. See Wells Fargo Guard Services, 269 N.L.R.B. No. 47 at 3 (1984); Bauer Welding and Metal Fabricators, Inc., 268 N.L.R.B. No. 216 at 3-4 (1984) (Judge Giannali's Supplemental Decision on Remand, adopted by the Board). Because this case was not filed in this court until May 20, 1983, and thus was not pending before us when Midland was decided, we think the Board intended Midland to apply here
Other courts have approved the retroactive application of the Board's Midland rule in cases brought before them under similar circumstances. See NLRB v. Semco Printing Center, Inc., 721 F.2d 886, 892 (2d Cir.1983); NLRB v. Monark Boat Co., 713 F.2d 355, 361 (8th Cir.1983); NLRB v. Rolligon Corp., 702 F.2d 589, 594 (5th Cir.1983)
This is not a case in which multiple remands and rebriefing have imposed unreasonable burdens on the employer. If the delay and cost incident to ordinary review of a representation election were enough to trigger the "unusual circumstances" exception of Mosey, any employer fortunate enough to have had a representation election at the proper time could compel the use of the Hollywood Ceramics standard by objecting to an alleged misrepresentation and going through the review process. Mosey clearly was not intended to produce any such result | http://openjurist.org/745/f2d/493/national-labor-relations-board-v-chicago-marine-containers-inc | 2013-05-18T10:32:18 | CC-MAIN-2013-20 | 1368696382261 | [] |
919 F.2d 1493
64 Ed. Law Rep. 647, 18 Media L. Rep. 2081
AMERICAN BOOKSELLERS, et al., Plaintiffs-Appellees,
v.
James WEBB, et al., Defendants-Appellants.
No. 87-8199.
United States Court of Appeals,
Eleventh Circuit.
Dec. 27, 1990.
George M. Weaver, England, Weaver & Kytle, Atlanta, Ga., for defendants-appellants.
William N. Withrow, Jr., J. Kirk Quillian, Troutman, Sanders, Lockerman & Ashmore, Atlanta, Ga., Michael A. Bamberger, Sonnenschein, Carlin, Nath & Rosenthal, New York City, for plaintiffs-appellees.
Appeal from the United States District Court for the Northern District of Georgia.
Before KRAVITCH, Circuit Judge, HILL, Senior Circuit Judge*, and POINTER, Chief District Judge**.
HILL, Senior Circuit Judge:
INTRODUCTION
I. STATEMENT OF THE CASE
As stated in the district court order from which this appeal is taken, "[t]his case presents a conflict between one of society's most cherished rights--freedom of expression--and one of government's most profound obligations--the protection of minors." American Booksellers Ass'n v. Webb, 643 F.Supp. 1546, 1547 (N.D.Ga.1986) (hereinafter "Webb II" ). Plaintiff-appellees obtained declaratory and injunctive relief barring the enforcement of a Georgia law which regulates, inter alia, the display of material deemed "harmful to minors." The District Court for the Northern District of Georgia interpreted the statute to "reduce an adult's selection of reading materials to a book list suitable for a fifth-grade class" and declared the statute unconstitutional on its face. Id. at 1548. We find that the statute is readily susceptible to a narrowing construction that reduces the scope of materials covered, produces only a slight burden on adults' access to protected material,1 and fully comports with the First Amendment. We also reverse the district court's determination that an exemption granted in the statute to libraries is subject to strict scrutiny and violates the Equal Protection Clause.
A. Background
On April 5, 1984, the Governor of Georgia signed into law Act No. 1319, 1984 Ga.Laws 1495, 1496-1501, which was to take effect on July 1, 1984. Section 3 of the Act, which is codified at O.C.G.A. Secs. 16-12-102 to 16-12-104 (1988),2 regulates the distribution and display of sexually explicit materials deemed "harmful to minors" under the definition provided in section 16-12-102.
It may be useful to analyze the challenged statutory provisions as a group of five distinct components: (1) the definition in section 16-12-102 of the type of materials deemed "harmful to minors" and subjected to the proscriptions set forth in section 16-12-103; (2) the ban in section 16-12-103(a) on the distribution (in this case, the sale or loan) to a minor of any material "harmful to minors"; (3) the ban in section 16-12-103(b) on the exhibition to a minor of any motion picture, show, or other presentation that is "harmful to minors"; (4) the prohibition in section 16-12-103(e) on the display in public places where minors may be present of material that is "harmful to minors"; and (5) in section 16-12-104, the exemption from coverage under the statute of certain libraries in the state of Georgia. See American Booksellers Ass'n., v. Webb, 590 F.Supp. 677, 687 (N.D.Ga.1984) (district court order to abstain and grant interim injunctive relief) (hereinafter "Webb I" ) (describing the five component parts of the statute); Hunter v. State, 257 Ga. 571, 571-72, 361 S.E.2d 787, 787 (1987) (same).
The definition of "harmful to minors" in section 16-12-102 derives from a New York statute that the Supreme Court upheld in Ginsberg v. New York, 390 U.S. 629, 88 S.Ct. 1274, 20 L.Ed.2d 195 (1968).3 Ginsberg approved the use of a "variable obscenity standard," see id. at 636-39, 88 S.Ct. at 1278-80--an adaptation of the general standard for determining adult obscenity to reflect the "prevailing standards in the adult community as a whole with respect to what is suitable material for minors." Id. at 639, 88 S.Ct. at 1280 (quoting N.Y.Penal Law Sec. 484-h).4 Five years after the Court decided Ginsberg, it revised the standard for determining adult obscenity in Miller v. California, 413 U.S. 15, 93 S.Ct. 2607, 37 L.Ed.2d 419 (1973). Section 16-12-102 modifies the Ginsberg test for determining material obscene as to minors in light of the three-part test articulated in Miller for determining adult obscenity.5
An accused must "knowingly" violate the statute's various proscriptions. See O.C.G.A. Secs. 16-12-103(a), (b), and (e), and 16-12-102(2). Section 16-12-103(c) also makes it unlawful for any minor falsely to represent that he or she is 18 years of age or older with the intent to procure any material covered by the statute.
B. Procedural History
1. The suit to enjoin.
Plaintiff-appellees are various associations of booksellers, publishers, periodical distributors, college bookstores, and retailers, as well as two general bookstores and an author.6 On April 6, 1984, the day the Governor signed the bill into law, plaintiffs filed their complaint seeking declaratory and injunctive relief. The defendant-appellants are various Georgia solicitors, sheriffs, and police officials who have authority to enforce the law.7
Plaintiffs alleged that the statutory provisions in question violated the First, Fifth and Fourteenth Amendments to the United States Constitution, and 42 U.S.C. Sec. 1983.8 Plaintiffs also alleged that the legislature's choice to include in a single enactment provisions relating to sexual offenses against children (Sections I and II of the Act, see footnote 2), together with provisions regulating material "harmful to minors" (Section III of the Act), violated Article III, Section V, Paragraph III of the Georgia Constitution--the rule against referring to more than one subject matter in the same bill.
Since the Act was not scheduled to become effective until July 1, 1984, see O.C.G.A. Sec. 1-3-4(a) (governing effective date of legislative acts), the district court consolidated the hearing on plaintiff's motion for a preliminary injunction with a trial on the merits on May 31-June 1, 1984.
2. Pullman abstention and the certification of questions to the Georgia Supreme Court.
By order dated June 27, 1984, the district court granted defendant's motion to abstain under Railroad Comm'n of Texas v. Pullman Co., 312 U.S. 496, 61 S.Ct. 643, 85 L.Ed. 971 (1941), until the Georgia courts decided whether the Act violated the "one subject matter" provision of the Georgia Constitution. The court did however grant temporary relief to plaintiffs by enjoining the display ban. Webb I, 590 F.Supp. at 693-94. In the interest of judicial economy, the court suggested that Appellants also seek a construction of the challenged provisions in the Georgia courts.
Plaintiffs appealed to this court, which granted the parties' joint motion to present two certified questions to the Georgia Supreme Court. American Booksellers Ass'n v. Webb, 744 F.2d 784 (11th Cir.1984).
The Georgia Supreme Court answered the first question by holding that the Act did not violate the "one subject matter" provision of the Georgia Constitution; but the court declined to construe O.C.G.A. Secs. 16-12-102 to 16-12-104 in the absence of enforcement facts, finding instead that the challenge was anticipatory. American Booksellers Ass'n v. Webb, 254 Ga. 399, 329 S.E.2d 495 (1985).
3. The district court's decision on the merits.
On September 26, 1986, on the basis of the factual evidence and legal arguments presented at trial, the district court declared the display provision and library exemption of the statute unconstitutional. Webb II, 643 F.Supp. at 1556. The court ruled on February 25, 1987, that since the library exemption is not severable from the definition, distribution, exhibition, and display provisions, the entire statute is invalid. American Booksellers Ass'n v. Webb, 654 F.Supp. 503 (N.D.Ga.1987).9 The court nevertheless stayed that portion of its injunction involving the definition, distribution, and exhibition provisions of the statute pending this appeal.
a. findings of fact
The district court found "that in-store display of books is the cornerstone of the [bookselling] industry's marketing practices. Relatively few books are advertised through the mass media, and, as a result, the vast majority of sales are impulsive selections prompted by a display." Webb II, 643 F.Supp. at 1549. The court also found as matter of fact that approximately 500,000 books are in print at any given time and 50,000 new books are published every year; therefore, booksellers "cannot hope to read more than a minimal percentage of books that they stock." Id. at 1550.
b. conclusions of law
The court made various legal interpretations regarding the coverage of the statute's "harmful to minors" definition and thus the reach of the ban on display. Although several of its findings were noted as "findings of fact," see id. at 1549-51, the parties agree that "the district court's determinations as to the scope of the phrase 'harmful to minors,' and its specific applicability to particular works" are mixed questions of law and fact. Appellees' Brief at 11-12. See Appellants' Brief at 11.10 The district court found that "a significant percentage of an average bookstore's inventory would be barred from display" by the statute, id. at 1549, and " 'that the predominate amount of all adult reading material, fiction and nonfiction, could arguably be encompassed within the terms of [the Act].' " Id. at 1550 (quoting witness Florence). The court made these observations on the basis of its interpretation that the "serious value" prong of the "harmful to minors" definition must be evaluated in light of what "most minors," including the youngest potential readers, could understand and appreciate. Id.
The court declined to construe section 16-12-103(e)'s requirement that a person must not "knowingly ... exhibit, expose, or display in public ... at any ... public place frequented by minors or where minors are or may be invited as part of the general public: [any material subject to the statute]." Rather than determining the least burdensome compliance strategy actually mandated by this language and then evaluating its constitutionality, the court held that displaying material in an adults-only section of a store open to minors, or covering books with blinder racks or adults-only tags, "would not save the display provision as it is currently drafted" since, given the court's earlier interpretation of the vast amount of works covered by the statute, these strategies "would produce a chilling effect." Id. at 1554.
Similarly, the court found that the statute was not a reasonable time, place, and manner restriction since (1) "the methods of display left available in the wake of the Act do not adequately serve the interests of free speech," and (2) defendants failed to submit sufficient evidence that "the limited contact a minor may have with materials displayed in a bookstore produces a negative [secondary effect of speech]" that the state may regulate. Id. at 1555.
The court noted, however, that "the chilling effect attendant to the compliance methods suggested by the defendants might be acceptable if the statute did not apply to "classic works of literature" and the predominant amount of adult reading material. Id. at 1554. In fact, as the court stated, "a display statute that applies only to materials inappropriate for minors approaching the age of majority might well survive a constitutional attack." Id. at 1556. See also id. at 1554 n. 17.
Finally, the court found that the statutory exemption provided to libraries is a classification infringing upon a fundamental right. Since the strict scrutiny test is applicable under the Equal Protection Clause to classifications affecting the exercise of fundamental rights, and the government failed to demonstrate that the library exemption promoted a compelling governmental interest through a narrowly drawn classification, the court found the exemption unconstitutional.11
C. Issues on Appeal
This appeal requires us first to determine whether the reach of the "harmful to minors" definition in section 16-12-102 must be evaluated from the perspective of "any reasonable minor," including an older minor, or whether the tests must be applied in light of the sensibilities and literary comprehension of "most" minors, the "average," or even the youngest minor who might seek access to books or other materials with explicit sexual conduct. Second, we must evaluate the burden on protected speech in light of (1) our interpretation of the amount of material covered and (2) the methods of compliance actually mandated by the ban on display. Finally, we will decide the appropriate standard of review for the classification drawn by the Georgia legislature regarding who may distribute and display to minors material covered by the Act, and who may not.
DISCUSSION
II. REVIEWING A FIRST AMENDMENT REGULATION FOR FACIAL VALIDITY
Before considering the specific test or standards by which we must measure the constitutionality of the display ban, it is important to articulate the general interpretive principles applicable in a facial challenge to a statute affecting speech. Outside of the First Amendment context, the Supreme Court has noted the difficulties inherent in a facial challenge:
that "[a] facial challenge to a legislative Act is, of course, the most difficult challenge to mount successfully, since the challenger must establish that no set of circumstances exist under which the Act would be valid. The fact that [the challenged statute] might operate unconstitutionally under some conceivable set of circumstances is insufficient to render it wholly invalid...."
United States v. Salerno, 481 U.S. 739, 745, 107 S.Ct. 2095, 2100, 95 L.Ed.2d 697 (1987).
The. Schall v. Martin, 467 U.S. 253, 104 S.Ct. 2403, 81 L.Ed.2d 207 (1984). Since the overbreadth doctrine in effect requires courts to evaluate the potential reach of a statute, conceivable sets of circumstances, and possible direct and indirect burdens on speech,12 "[t]he Supreme Court has noted that the overbreadth doctrine is 'strong medicine' that should be employed only 'with hesitation, and then "only as a last resort." ' " Upper Midwest Booksellers v. City of Minneapolis, 780 F.2d 1389, 1391 (8th Cir.1986) (quoting New York v. Ferber, 458 U.S. 747, 769, 102 S.Ct. 3348, 3361, 73 L.Ed.2d 1113 (1982) (in turn quoting Broadrick v. Oklahoma, 413 U.S. 601, 613, 93 S.Ct. 2908, 2916-17, 37 L.Ed.2d 830 (1973)).
When the regulation is not directed at the origin of expression, or at the ultimate right of a person (in this case, an adult) to present or procure protected expression, it does not impinge upon "mere speech"; rather, it regulates the method of presenting, or the form of, expression. Regulations on display affect "conduct plus speech." Upper Midwest Booksellers, 780 F.2d at 1391-92; M.S. News Co. v. Casado, 721 F.2d 1281, 1289 (10th Cir.1983); American Booksellers Ass'n v. Rendell, 332 Pa.Super. 537, 581, 481 A.2d 919, 941 (1984). "[W]hen conduct plus speech is involved, the overbreadth must be 'real' and 'substantial' in relation to [the regulation's] 'plainly legitimate sweep' before the [regulation] should be invalidated on its face." Upper Midwest Booksellers, 780 F.2d at 1391-92 (quoting Ferber, 458 U.S. at 770, 102 S.Ct. at 3361-62).
As the Supreme Court recently stated when considering a facial challenge to a Virginia regulation on the display of materials "harmful to juveniles," courts have an obligation to construe the challenged statute narrowly:). The key to application of this principle is that the statute must be "readily susceptible" to limitation. We will not rewrite a state law to conform it to constitutional requirements.
Virginia v. American Booksellers Ass'n, 484 U.S. 383, 397, 108 S.Ct. 636, 644-45, 98 L.Ed.2d 782 (1988).13 Thus, we must consider the allegations of the potential range of materials covered by the statute, and the possible burdens on adults' access imposed by mandatory compliance measures, in light of our twin obligations to (1) construe the statute narrowly, (2) without rewriting its terms.
III. FIRST AMENDMENT STANDARDS
We decline to restate the bedrock case law and general principles of First Amendment jurisprudence which guide our analysis. We are content to note that (1) content-based restrictions on speech survive constitutional scrutiny only under extraordinary circumstances; but (2) material judged "obscene" under the appropriate constitutional standard is not protected by the First Amendment; (3) indirect burdens placed on protected speech in an effort to regulate obscenity must be supported by important state interests and should not be unnecessarily burdensome; and (4) the state's interest in protecting its youth justifies a limited burden on free expression. See generally Webb II, 643 F.Supp. at 1551-52 (and cases cited therein).
We begin our analysis with the Supreme Court's decision in Ginsberg that a state may deny minors access to materials acceptable for adults but obscene for minors. While the statute in Ginsberg banned only the sale or distribution of this material to minors and did not implicate the First Amendment rights of adults, it is clear from our reading of Ginsberg that a state may, absent an impermissible burden on adults, deny minors all access in any form to materials obscene as to them. Minors have no right to view or in any way consume this material--even if they do not purchase or otherwise take control of it.14
Ginsberg did not address the difficulties which arise when the government's protection of minors burdens (even indirectly) adults' access to material protected as to them. We must look to other case law and general principles of First Amendment jurisprudence to discern the constitutional parameters of the government's power under these circumstances. First, it is clear that a state may not prohibit an adult's access to material that is obscene for minors but not for adults. As the Supreme Court recently reiterated, the First Amendment forbids reducing the adult population to reading and viewing only works suitable for children. Virginia v. American Booksellers Ass'n, 484 U.S. at 389, 108 S.Ct. at 640-41 (citing Bolger v. Youngs Drug Products Corp., 463 U.S. 60, 73-74, 103 S.Ct. 2875, 2883-84, 77 L.Ed.2d 469 (1983); Butler v. Michigan, 352 U.S. 380, 383-84, 77 S.Ct. 524, 525-26, 1 L.Ed.2d 412 (1957)). Even where statutes have not been upheld, however, the Supreme Court has recognized that some limitation on the access of adults to material protected for them but harmful to minors is permissible. Sable Communications of California, Inc. v. FCC, 492 U.S. 115, 109 S.Ct. 2829, 2838-39, 106 L.Ed.2d 93 (1989) (invalidating total ban on adult access to indecent telephone messages but intimating that a statute restricting access through certain means would be narrowly tailored and constitutional); Butler, 352 U.S. at 383, 77 S.Ct. at 525-26 (invalidating statute banning reading materials inappropriate for children, but implying that a statute "reasonably restricted to the evil with which it is said to deal" would be constitutional).
Several courts evaluating variously defined display regulations such as the instant one have emphasized that the state's legitimate interest in protecting its young must be balanced against the right of adults to have access to protected material. See, e.g., Upper Midwest Booksellers, 780 F.2d at 1394-95; Webb II, 643 F.Supp. at 1552. On the one hand, a state's interest in protecting children from exposure to material obscene as to minors is a substantial and important state interest. Ferber, 458 U.S. at 757, 102 S.Ct. at 3354-55 (1982); Ginsberg, 390 U.S. at 639-42, 88 S.Ct. at 1280-82. On the other hand, the indirect burden on adults' First Amendment right to have access to material not obscene for adults must be narrowly drawn. See Upper Midwest Booksellers, 780 F.2d at 1396-97 (regulation must leave open adequate alternative channels, must not restrict expression at its source, and must not impose "significant" restrictions on adult access); M.S. News Co., 721 F.2d at 1288 (restriction on adults' access to material that is not obscene as to them must be reasonable); Rendell, 332 Pa.Super. at 581, 481 A.2d at 941 ("incidental restrictions on First Amendment freedoms must be limited to those essential to the furtherance of that interest") (citation omitted).
A number of courts have evaluated variously defined restrictions on the display of material "harmful to minors" in light of the constitutional standards for a reasonable time, place, and manner regulation. Display restrictions affect the manner in which speech may be presented or accessed, in contrast to a regulation of pure speech at its source or an outright ban on its accessibility to adults.15
We see no relevant distinction in this case between the constitutional standards applicable to a time, place, and manner restriction,16 and the balancing test described above for a regulation of speech unprotected as to minors that indirectly affects speech protected as to adults. In evaluating the display ban under either test, the crucial inquiry, at least in this case, is whether the restriction on adults' access to protected speech is unnecessarily burdensome or "significant," or, stated differently, whether alternate modes of adult access are unduly restricted.
Appellees contend that Georgia's restriction on the display of material "harmful to minors" burdens protected activity in many ways. The district court considered those potential burdens under the general rubric of "overbreadth analysis"--a phrase that courts often use loosely to refer to the propensity of a statute to sweep protected activity into its purview, or unnecessarily to burden protected activity through the collateral effects of its operation on unprotected activity. There are, however, several distinct types of overbreadth alleged in this case, each of which require separate analysis.
IV. OVERBREADTH ANALYSIS
A. Direct Regulation of Protected Activity.
The type of "legislative overkill" most commonly associated with "overbreadth" results when lawmakers define the scope of a statute to reach both unprotected expression as well as, at least potentially, protected speech. For example, in American Booksellers Ass'n v. McAuliffe, 533 F.Supp. 50 (N.D.Ga.1981), the court struck down as overbroad a Georgia statute banning the distribution to minors of, inter alia, a "picture of nude or partially denuded figures posed or presented in a manner to provoke or arouse lust or passion or to exploit sex." On its face, the statute covered material that would not be obscene as to minors under the Ginsberg standard; thus, it directly regulated material protected even as to minors and was therefore overbroad. Id. at 52-53.
The definition of material targeted in Georgia Code section 16-12-102 suffers from no such "legislative overkill"; it employs a narrowly crafted Ginsberg-type adaptation of the current definition of adult obscenity announced in Miller v. California, 413 U.S. 15, 24, 93 S.Ct. 2607, 2614-15, 37 L.Ed.2d 419 (1973). Although the Supreme Court has not decided what effect Miller will have on the Ginsberg formulation of a variable obscenity standard,17 we join other courts in finding that the post-Ginsberg definition of adult obscenity announced in Miller (as modified for determining that which is obscene to minors) does not restrict the scope of materials that a state may regulate. See American Booksellers Ass'n v. Virginia, 882 F.2d 125, 127 n. 2 (4th Cir.1989); M.S. News Co., 721 F.2d at 1286-87. Both the Georgia law at issue in this case and the New York statute approved in Ginsberg "adapted the current obscenity test so it could be used to determine whether material is harmful to minors," id. at 1286 n. 4 (comparing the N.Y. statute in Ginsberg with a Wichita, Kansas ordinance derived from the Miller test). See American Booksellers Ass'n v. Virginia, 882 F.2d at 127. Nothing in Miller casts any doubt on the constitutional viability of a variable standard of obscenity for minors based upon a Ginsberg-like adaptation of the current Supreme Court standard for determining adult obscenity.18
Appellees maintain that section 16-12-102's definition is overly broad because it does not accommodate the differences between older and younger minors in maturity levels and capacity to comprehend literary themes. According to appellees, the use of a single standard for all minors denies older minors access to materials that have serious literary value for them.19
We disagree, and find that Georgia courts would interpret section 16-12-102 in light of Pope v. Illinois, 481 U.S. 497, 107 S.Ct. 1918, 95 L.Ed.2d 439 (1987). In Pope, the Supreme Court construed the test for adult obscenity and held that "[t]he proper inquiry is not whether an ordinary member [of the community] would find serious literary, artistic, political, or scientific value in allegedly obscene material, but whether a reasonable person would find such value in the material, taken as a whole." Id. at 500-501, 107 S.Ct. at 1921 (footnote omitted). Hunter v. State, 257 Ga. at 571-72, 361 S.E.2d at 788 (1987). As interpreted in Pope, the first two prongs of the Miller test utilize "contemporary community standards," whereas "serious value" is determined not with reference to "majority approval," but on the basis of whether any reasonable person would find serious value--even if the community as a whole, or the "average" member of the community, would not. 481 U.S. at 500, 107 S.Ct. at 1920-21. See the discussion in footnote 18 above. Pope echoes the fundamental idea that, although "We the People" are sovereign under the Constitution, the Founders added the Bill of Rights as a bulwark against the "tyranny of the majority." If, like the other two prongs of the test for obscenity, we judge "serious value" according to the "degree of local acceptance [the work in question] has won," id. at 500, 107 S.Ct. at 1921, then we would compromise the First Amendment's protection against majoritarian pressure to stifle disfavored expression. See id. at 500-501, 107 S.Ct. at 1920-21; id. at 506, 107 S.Ct. at 1923-24 (Blackmun, J., concurring in part and dissenting in part).
As applied to a Ginsberg-type adaptation of the adult obscenity test, Pope teaches that if any reasonable minor, including a seventeen-year-old, would find serious value, the material is not "harmful to minors."20 As the Fourth Circuit and the Virginia Supreme Court recently observed, " 'if a work is found to have serious literary, artistic, political or scientific value for a legitimate minority of normal, older adolescents, then it cannot be said to lack such value for the entire class of juveniles taken as a whole.' " American Booksellers Ass'n v. Virginia, 882 F.2d at 127 (quoting Commonwealth v. American Booksellers Ass'n, 236 Va. 168, 372 S.E.2d 618, 624 (1988)).21
Section 16-12-102 therefore does not reach materials protected as to minors and is not overly broad in that sense. As we discuss below, this interpretation of the statute's coverage also dramatically decreases the amount of material actually covered by the ban on display and the indirect burden suffered by adults as a result.22
Even when the state regulates only speech that is unprotected to one group (minors), the restriction can collaterally burden speech that is protected for another group (adults). The regulation can be "overly broad" if it indirectly produces an unnecessary or intolerable restriction on protected speech.
B. Indirect Regulation of Protected Activity.
1. Overbreadth from indeterminacy.
The overbreadth and vagueness doctrines are related yet distinct. M.S. News Co., 721 F.2d at 1287.
"The vagueness doctrine is anchored in the Due Process Clauses of the Fifth and Fourteenth Amendments, and protects against legislation lacking sufficient clarity of purpose and precision in drafting. See Erznoznik v. City of Jacksonville, [422 U.S. 205,] at 217-218, 95 S.Ct. [2268,] at 2276-77 [45 L.Ed.2d 125 (1975) ]; Grayned v. City of Rockford, 408 U.S. 104, 108-14 & n. 5, 92 S.Ct. 2294, 2298-302 & n. 5, 33 L.Ed.2d 222 and n. 5 (1972).
Id. (footnote omitted). The vagueness doctrine focuses on whether the law in question affords a "person of ordinary intelligence a reasonable opportunity to know what is prohibited, so that he may act accordingly." Grayned, 408 U.S. at 108-109, 92 S.Ct. at 2298-99. "Overbroad legislation need not be vague, indeed it may be too clear; its constitutional infirmity is that it sweeps protected activity within its proscription." M.S. News Co., 721 F.2d at 1287 (citation omitted).
The overbreadth and vagueness doctrines are related in that "a court should evaluate the ambiguous as well as the unambiguous scope of the enactment.... [since] ambiguous meanings cause citizens to ' "steer far wider of the unlawful zone" ... than if the boundaries of the forbidden areas were clearly marked.' " Village of Hoffman Estates23, 12 L.Ed.2d 377 (1964); (in turn quoting Speiser v. Randall, 357 U.S. 513, 526, 78 S.Ct. 1332, 1342, 2 L.Ed.2d 1460 (1958)).
Based upon its interpretation that the serious value of a work must be evaluated with reference to that which "most" minors, or even a ten-year-old minor, would appreciate, and that the statute thus applies to a vast amount of adult reading material, the district court found that the statute places an intolerable burden on booksellers to determine which books the display ban would reach. The tremendous volume of material published and the practical inability of booksellers to gain more than a synoptic familiarity with the material they order from publishers would, according to the court, force booksellers to err on the side of caution by "refusing to order [for display] any book with a suggestive cover or the works of an author known for sexually explicit prose." Webb II, 643 F.Supp. at 1550.
We believe that the burden on booksellers would be far less than the district court suggests. First, since only a minimal number of works will have serious value for reasonable adults but not for reasonable minors, including older minors, the statute will not increase to any great extent the screening that stores must do in order to comply with Georgia's general obscenity statute, O.C.G.A. Sec. 16-12-80.23 Second, despite the increased opportunity to evaluate the fitness of material at the point of sale to minors, as opposed to ordering from a publisher for display sales,24 the display ban will only incrementally increase the screening necessary for booksellers to comply with the prohibition on the sale of "harmful" material to minors, a burden the district found constitutional under Ginsberg--a holding that appellees do not appeal. Finally, section 16-12-103(e) only prohibits displays that are made "knowingly."25 For these reasons, we find that section 16-12-102's definition does not render the display ban substantially overbroad due to indeterminacy.
2. Overbreadth and the burden of mandatory compliance strategies.
If in an ideal world it were possible to make the material defined in section 16-12-102 invisible to minors but completely visible and accessible to adults, we would need to inquire no further. As we interpret it, the statute covers only material unprotected to minors and is not so indeterminate that it unduly chills protected expression. Since in the real world material cannot be made "invisible" to minors without hampering to a certain extent adults' access to it, we must analyze the compliance strategy section 16-12-103(e) actually mandates.
The statutory "breadth" that we analyze in this context refers to the degree of practical inconvenience actually required by the language of subsection (e). Only by focusing on that which the statute requires for compliance with the display ban, rather than on every compliance strategy that is sufficient but not necessary under the statute, can we determine whether section 16-12-103(e) is "substantially overbroad" or "not narrowly drawn." Since this is a facial challenge, we cannot, as appellees seem to suggest, consider the constitutional propriety of the most onerous methods of compliance which a broad reading of subsection (e) could possibly require. Such an evaluation must await specific enforcement facts and a different interpretation of the law by the Georgia courts.
In order to violate section 16-12-103(e), a person must knowingly "exhibit, expose, or display in public ... at any ... public place ... where minors are or may be invited as part of the general public"26 a sexually explicit "visual representation" that satisfies the three-pronged test under section 16-12-102, or "printed material" or a "sound recording" that contains a "visual representation" or a sexually explicit narrative account that is obscene as to minors under section 16-12-102.
First, it is beyond cavil that, regardless of the specific method booksellers27 choose to comply with the statute, they must deny minors unfettered physical access to offensive material. Even if it technically satisfies the prohibition on "display[ing]" such material, any method of compliance by which a person knowingly permits minors an unfettered opportunity to peruse the material would elevate form over substance and violate section 16-12-103(e).
Second, we read "where minors are or may be invited as part of the general public" as limiting the clauses specifying the types of premises upon which display is banned. Thus, if minors are denied access to the premises, booksellers may display such material openly without violating the statute. Indeed, even a separate room or physical structure that is inaccessible to minors could presumably house open displays of the material. But we do not read section 16-12-103(e) as requiring such compliance strategies; thus we need not consider whether the burden on adults' access would be overbroad.
The use of the terms "exhibit," "expose," and "display"--especially as modified by "in public"--strongly suggests that the mere presence of material "harmful to minors," even in that part of premises frequented by minors, would not violate section 16-12-103(e). One court, construing the word "display" in the context of statutory language very similar to section 16-12-103,28 recognized that common dictionary definitions of the term connote an open and ostentatious placement of the material:."
Rendell, 332 Pa.Super. at 575, 481 A.2d at 938 (footnote omitted). The Rendell court interpreted the ban on "display" as not applying to the open shelving of material "harmful to minors":
These definitions suggest that the mere shelving or stocking of questionable material, without in some manner directing attention to them, is not the type of conduct prohibited by virtue of the legislature's use of the term "display."
Id. at 575-76, 481 A.2d at 938-39.
While we agree that the terms "exhibit," "expose," and "display" connote an open and ostentatious placement of the materials, we cannot agree that the Georgia legislature sanctioned in section 16-12-103(e) the open shelving of material "harmful to minors." The use of the term "expose" suggests that even unadvertised and passive placement of the material entirely in open sight would violate section 16-12-103(e).29
Appellants have suggested a number of compliance strategies that they claim would satisfy section 16-12-103(e). They assert that openly displaying material "harmful to minors" in an area "supervised by the clerks in order to keep them out of the hands of minors," Appellants' Brief at 44, or in "adults[-]only racks or sections,"30 id. at 41, would be acceptable. We disagree. Although these methods would prevent actual physical access and perusal by minors--a fundamental aim of the statute--section 16-12-103(e) is not "readily susceptible" to an interpretation allowing such a compliance strategy. Unlike the Virginia statute which the Fourth Circuit recently upheld, section 16-12-103(e) does not contain language that narrows the common usage of the word "display".31 Placing the material entirely in open sight in an establishment "where minors are or may be invited as part of the general public" would violate section 16-12-103(e) despite a "nonperusal" policy or signs indicating that certain otherwise open areas are off-limits to minors.
Appellants also suggest that the statute is satisfied by placing material "harmful to minors" behind devices commonly referred to as "blinder racks" or shelves which cover at least the lower two-thirds of material that would otherwise be exposed to view. Id. at 41-43. See M.S. News, 721 F.2d at 1287 (briefly describing "blinder racks"). We agree. Simply put, blinder racks do not "exhibit, expose, or display in public" material subject to section 16-12-103(e); they eliminate the ostentatious and open placement of the materials.32 Therefore, under our reading of section 16-12-103(e), it is not necessary that booksellers physically segregate material placed behind blinder racks from material accessible to minors. Since the statute is "readily susceptible" to such a reading, we need not consider broader interpretations of the requirements for compliance with section 16-12-103(e). Virginia v. American Booksellers Ass'n, 484 U.S. at 397-99, 108 S.Ct. at 645 (1988).33 Placing the relatively small amount of reading material subject to section 16-12-103 behind blinder racks only slightly burdens adults' access to such material. Blinder racks do not impose a "substantially overbroad" regulation on "conduct plus speech." (See the discussion above at pp. 1499-1500, 1502.) Adults may peruse and purchase the material without restriction. Under either the balancing test for regulations on material protected to one group but not another, or the test for the constitutionality of a time, place, and manner regulation, (see the discussion above at p. 1502), the burden on adults' access to material protected as to them is constitutionally insignificant and therefore permissible. See M.S. News, 721 F.2d at 1288-89 (relying in part on blinder racks exception to uphold statute against facial challenge).
V. EQUAL PROTECTION AND THE LIBRARY EXEMPTION
Section 16-12-104 exempts "any public library operated by the state or any of its political subdivisions[, or] any library operated as a part of any school, college, or university," from each of the restrictions in section 16-12-103 on the distribution, exhibition, or display of materials "harmful to minors." Thus, while it would be unlawful for any person to "sell or loan" to a minor material deemed obscene as to minors under section 16-12-102, or to exhibit to a minor a motion picture satisfying the three-pronged test, it would be permissible for a public library to do so. Similarly, while it would be lawful for a library to display material that is "harmful to minors," a person would be subject to criminal penalties for knowingly undertaking the same activity on the premises of, for example, a convenience store open to minors.
The district court correctly determined that "[t]he critical step in Equal Protection analysis is determining the proper standard of review." Webb II, 643 F.Supp. at 1555. We disagree, however, with the district court's determination that the legislature's classification in this case is subject to strict scrutiny.
Several courts have addressed this question and have differed on whether strict scrutiny is appropriate. Without elaborating, the district court adopted the approach followed in Upper Midwest Booksellers Ass'n v. City of Minneapolis, 602 F.Supp. 1361, 1374 (D.Minn.1985), aff'd, 780 F.2d 1389, 1398 (8th Cir.1985) (exemption from regulation on manner of display). In that case, the Eighth Circuit affirmed a district court's determination that "the strict scrutiny test is the proper standard whenever government classifies individuals' ability to exercise a fundamental right such as speech." 602 F.Supp. at 1374. Our research indicates that only the Colorado Supreme Court, in Tattered Cover, Inc. v. Tooley, 696 P.2d 780, 786 (Colo.1985), has agreed that strict scrutiny applies to a classification involving materials deemed "harmful to minors."34
The Tenth Circuit held in M.S. News that the rational basis test applies to a "classification that distinguishes between commercial and noncommercial enterprises" in a regulation requiring the former group but not the latter to place behind blinder racks material obscene as to minors.35 721 F.2d at 1291-92. The Ninth Circuit has recently approved of this approach:
We agree with the Tenth Circuit's approach in Casado. The Supreme Court has held that obscene speech is not protected by the first amendment. See Miller v. California,..... Th[e statutes challenged in those cases] all regulated or prohibited protected speech, rather than obscenity.
Ripplinger v. Collins, 868 F.2d 1043, 1050 (9th Cir.1989) (also criticizing the Upper Midwest Booksellers and Webb II approach) (citation omitted). See also Rendell, 332 Pa.Super. at 583, 481 A.2d at 942; Long v. 130 Market St. Gift & Novelty of Johnstown, 294 Pa.Super. 383, 395, 440 A.2d 517, 523 (1982).36
The constitutional protection accorded to the right which the legislature classifies--and thus judicial scrutiny of the classification--should depend not on broad propositions such as "free speech is fundamental," or "obscenity is unprotected," but, rather, on the specific nature of the conduct that the legislature has decreed one group may engage in, while a separate class may not. By looking precisely at the conduct implicated by the exemptions to each of the provisions in the Georgia statute, we see that the classification on the right to sell or loan material to minors that is obscene as to them is somewhat distinct from the right to display such material to adults without regulation.37
A. A classification on the Right to Sell or Loan Obscene Materials to Minors.
The Ginsberg Court held without equivocation that the Constitution does not protect the decision to sell or loan to minors material that is obscene under a variable obscenity standard. If the state has a rational basis for concluding that a legitimate interest will be served by the classification, it may create distinctions between the rights of persons and entities to engage in conduct not protected by the Constitution. San Antonio Indep. School Dist. v. Rodriguez, 411 U.S. 1, 29, 93 S.Ct. 1278, 1294-95, 36 L.Ed.2d 16 (1973).
The state clearly has an interest in making such material available to minors, if at all, only in an environment free of the commercial pressure to pander to a minor's prurient interest in sex. See Paris Adult Theatre I v. Slaton, 413 U.S. 49, 57, 93 S.Ct. 2628, 2635, 37 L.Ed.2d 446 (1973); Young v. American Mini Theatres, 427 U.S. 50, 69, 96 S.Ct. 2440, 2452, 49 L.Ed.2d 310 (1976) (plurality). Although the exclusion under the Miller test (as adapted in light of Ginsberg, see section 16-12-102(1)(C)) for material with "serious literary, artistic, political, or scientific value to minors" will already exempt most sexually explicit material that one would expect to find in a public library, the library exemption preserves the accessibility of such material to minors for purely educational purposes.38
The fact that the state has chosen not to exempt all noncommercial entities, or even specific noncommercial entities that could be expected to promote the same interests as libraries, is of no consequence so long as the particular exemption chosen has, as in this case, a rational basis. If the classification itself is not based upon a suspect distinction such as race,39 the Equal Protection Clause is not offended by an under-inclusive or over-inclusive restriction on one's ability to engage in conduct that is not protected by the Constitution. United States v. Thornton, 901 F.2d 738 (9th Cir.1990). Finally, striking down such an exemption would hinder rather than promote robust speech.
B. A Classification on the Right to Display Material Obscene as to Minors.
Although the classification between libraries and nonlibraries presents a closer question when applied to the ban on the display of materials obscene as to minors, we find that strict scrutiny is not warranted. First, we note that while the Constitution does not protect the distribution to minors of material obscene as to them, creators, publishers, and sellers of such material, as well as adults, are protected from significant or overbroad restrictions on adults' access to materials not obscene as to adults. Nevertheless, as we discussed above, this protection is not absolute. Since the state may make such material unavailable to one segment of society--minors--due to its offensiveness and lack of "serious value" for them, it may also impose a necessary and moderate amount of burden on the group for whom such material is protected--adults--in an effort to protect young adolescents. Simply put, the Constitution does not protect unfettered, open placement of such materials in public places accessible to minors.
Even though the First Amendment is unoffended by a requirement that erotic material not obscene to adults be placed behind blinder racks, we must consider whether, given the unique nature of the right involved, a state may allow one group of entities--libraries--to operate free of this restriction, while all other entities must adhere to the ban on display.
First, we note that the plurality in American Mini Theatres found that even a content-based classification of exotic but not obscene material did not violate the Equal Protection Clause since what was ultimately at stake was not the material's total suppression, but only the place where it could be exhibited. 427 U.S. at 71-72, 96 S.Ct. at 2452-53.40
.
Id. at 70-71, 96 S.Ct. at 2452.
The classification drawn between libraries and nonlibraries in section 16-12-104 is even less deserving of strict scrutiny since, unlike the zoning ordinance in American Mini Theatres, it turns not on the content of the material presented--the exemption and the ban on display operate only on material obscene as to minors--but on the characteristics of the entity displaying the material--the medium of expression. See Ripplinger, 868 F.2d at 1051.
The exemption for display of materials harmful to minors at libraries serves the same interests as the exemption for distribution and is rationally related to making material covered by the Act available in an atmosphere free of commercial pressure and generally available for educational purposes. As stated above, the under- or over-inclusiveness of the classification does not offend the Equal Protection clause so long as the classification is rationally related to the state's interest.41
CONCLUSION
The judgment of the district court is REVERSED.
APPENDIX
16-12-102 Definitions.
As used in this part, the term:
(1) "Harmful to minors" means that quality of description or representation, in whatever form, of nudity, sexual conduct, sexual excitement, or sadomasochistic abuse, when it:
(A) Taken as a whole, predominantly.
(2) "Knowingly" means having a general knowledge of, or reason to know, or a belief or ground for belief which warrants further inspection or inquiry of both:
(A) The character and content of any material described in this part which is reasonably susceptible to examination by the defendant; and
(B) The age of the minor; provided, however, that an honest mistake shall constitute an excuse from liability in this part if the defendant made a reasonable, bona fide attempt to ascertain the true age of such minor.
(3) "Minor" means a person less than 18 years of age.
(4) "Sadomasochistic abuse" means actual or simulated flagellation or torture by or upon a person who is nude, clad in undergarments, a mask or bizarre costume, or the condition of being fettered, bound, or otherwise physically restrained by one so clothed or nude.
(5) "Sexual conduct" means actual or simulated acts of masturbation, homosexuality, sexual intercourse, or physical contact in an act of apparent sexual stimulation or gratification with a person's clothed or unclothed genitals, pubic area, buttocks, or, if such be female, breasts.
(6) "Sexual excitement" means the condition of human male or female genitals when in a state of sexual stimulation or arousal.
(7) "Sexually explicit. (Code 1981, Sec. 16-12-102, enacted by Ga.L.1983, p. 1437, Sec. 2; Ga.L.1984, p. 1495, Sec. 3.)
16-12-103. Selling, loaning, or exhibiting.
(a) It shall be unlawful for any person knowingly to sell or loan for monetary consideration or otherwise furnish or disseminate to a minor:
.
(b) It shall be unlawful for any person knowingly to sell or furnish to a minor an admission ticket or pass or knowingly to admit a minor to premises whereon there is exhibited a motion picture, show, or other presentation which, in whole or in part, depicts sexually explicit nudity, sexual conduct, or sadomasochistic abuse and which is harmful to minors or exhibit any such motion picture at any such premises which are not designed to prevent viewing from any public way of such motion picture by minors not admitted to any such premises.
(c) It shall be unlawful for any minor falsely to represent to any person mentioned in subsection (a) or subsection (b) of this Code section or to his agent that such.
(d) It shall be unlawful for any person knowingly to make a false representation to any person mentioned in subsection (a) or subsection (b) of this Code section or to his agent that he is the parent or guardian of any minor or that any.
(e) It shall be unlawful for any person knowingly to exhibit, expose, or display in public at newsstands or any other business or commercial establishment or at any other public place frequented by minors or where minors are or may be invited as part of the general public:
. (Code 1981, Secs. 16-12-103, 16-12-104, enacted by Ga.L.1983, p. 1437, Sec. 2; Ga.L.1984, p. 22 Sec. 16; Ga.L.1984, p. 1495, Sec. 3.)
16-12-104. Library exception.
The provisions of the Code Section 16-12-103 [the distribution, exhibition, and display bans] shall not apply to any public library operated by the state or any of its political subdivisions nor to any library operated as a part of any school, college, or university. (Code 1981, Sec. 16-12-104, enacted by Ga.L.1984, p. 1495, Sec. 3.)
POINTER, Chief District Judge, concurring in part and dissenting in part:
I agree with most of the majority's opinion, and specifically concur in the decision that the library exemption provided by section 16-12-104 is constitutional.
I respectfully dissent, however, from the decision upholding the display proscriptions of section 16-12-103(e). In Part IV-B-2 of the opinion, the majority conclude that section 16-12-103(e) can be read to permit booksellers to avoid criminal penalties by using "blinder racks." If I agreed on this point, I would agree with their decision as to the constitutionality of the section. Although on this appeal we should assume that Georgia would adopt a narrow construction of the section, any such narrowing construction would have to be a reasonable one in the light of the words of the statute. I do not believe that the statute adopted by the Georgia legislature is "readily susceptible" to the interpretation approved by the majority.
Section 16-12-103(e) makes it unlawful to "display in public at ... any ... business or commercial establishment or at any other public place ... where minors are or may be invited as part of the general public ... any ... printed matter ... which contains any ... explicit and detailed verbal descriptions ... of sexual conduct ... and which, taken as a whole, is harmful to minors." (emphasis added ) The statute does more than prohibit the display of the materials that are harmful to minors; it prohibits the display of printed matter that "contains" such harmful materials. It makes criminal the display of a magazine with an innocuous cover if harmful materials are to be found inside the cover--and this is so whether or not any minor is permitted to view the harmful materials themselves. The proscription would likewise apply if a portion of the cover were shielded by "blinder racks."
The only case mentioned in the opinion when discussing this question is M.S. News Co. v. Casado, 721 F.2d 1281 (10th Cir.1983). M.S. News does support the proposition that permitting materials to be displayed behind blinder racks would save the statute from attack; it does not, however, provide any support for concluding that the Georgia statute contains any such exception. The city ordinance at issue in that case prohibited the display of harmful materials (not of publications containing such materials) and contained an express exception for displays in blinder racks.
I suggest that the majority, under the rubric of interpreting or construing the statute, have simply rewritten it.
Honorable Sam C. Pointer, Jr., Chief U.S. District Judge for the Northern District of Alabama, sitting by designation
The display ban implicates not only the right of adults to have access to material protected by the First Amendment, but also the interests of authors, publishers, booksellers, and others affected by a law regulating consumer access to books and other material covered by the statute. For the sake of brevity, we will refer throughout this opinion to "adults' access" as a shorthand expression denoting all of the interests affected by the statute
The statutory provisions relevant to this appeal, O.C.G.A. Secs. 16-12-102 to 16-12-104, are set forth in the Appendix to this opinion
Sections 1 and 2 of the Act amended O.C.G.A. Secs. 16-6-4 and 16-6-5, which relate to the criminal sexual offenses of, respectively, child molestation and enticing a child for indecent purposes.
Except where noted by the context, as used hereinafter in this opinion the terms "the Act," "the statute," or "the statutory provisions" will refer to sections 16-12-102 to 16-12-104.
The New York statute upheld in Ginsberg banned only the sale or distribution to minors of material "harmful to minors."
In general, material is not "harmful to minors" under the Georgia statute unless it (1) taken as a whole, appeals to the prurient interest of minors, (2) is patently offensive to standards in the adult community with regard to what is suitable for minors, and (3) taken as a whole, lacks serious value. See O.C.G.A. Sec. 16-12-102(1)
For a more detailed discussion of the changes to the Ginsberg formulation wrought by Miller, see footnote 18
The Attorney General of Georgia is not named as a defendant, but was served with a copy of the proceedings pursuant to O.C.G.A. section 9-4-7(c) and retained a special assistant attorney general to act as lead counsel for most of the defendants. See Webb I, 590 F.Supp. at 681 n. 2. The district court determined that all state law enforcement officials are bound by the outcome of this case. Id. at 693
Count I of the complaint alleged that the bans on distribution and display are unconstitutionally overbroad because they apply to materials that are not obscene as to minors. Count II alleged that the display provision violates adults' First Amendment right of access to materials that are not obscene as to them. Count III alleged that the statute effects an unconstitutional prior restraint on speech. Count IV alleged that the definition of "harmful to minors" contained in the statute is unconstitutionally vague. Count V alleged that the exemption for libraries violates the Equal Protection Clause. Count VI alleged that the statute violates a parent's right to raise his or her child free from state interference. Count VII is the state law count described in the text below. See Webb I, 590 F.Supp. at 682
Proceedings in this court were stayed from February 8, 1988 until December 6, 1988, due to the pendency of a case in the United States Supreme Court involving similar issues. Virginia v. American Booksellers Ass'n, 484 U.S. 383, 108 S.Ct. 636, 98 L.Ed.2d 782 (1988) (certifying questions to the Virginia Supreme Court); 488 U.S. 905, 109 S.Ct. 254, 102 L.Ed.2d 243 (1988) (vacating earlier decision and remanding the case to the Fourth Circuit for reconsideration in light of the answers received). See also American Booksellers Ass'n v. Virginia, 882 F.2d 125 (4th Cir.1989) (upholding facial validity of display regulation as interpreted by Virginia Supreme Court)
Unfortunately, the final Fourth Circuit decision does not provide us substantial guidance. The 1.5 page opinion aids our analysis only in part. While it aids our construction of the Georgia statute's phrase "harmful to minors" (see below at page 1505), the opinion does not aid our analysis of the compliance strategies mandated by section 16-12-103(e) (see below at footnote 31 and accompanying text). Furthermore, the opinion decided the vagueness issue but did not delve into overbreadth or the relationship between the vagueness and overbreadth doctrines, as we do in Part IV.
See also McMullen v. Carson, 754 F.2d 936, 938 (11th Cir.1985). ("In reviewing findings of fact in First Amendment cases, this Court must make an 'independent examination of the whole record,' rather than relying solely on the 'clearly erroneous' standard.") (citations omitted)
The district court's September 26, 1986, order addressed only plaintiffs' challenges to the display and library exemption provisions of the statute
The court relied on the reasons stated in its June 27, 1984, order, see Webb I, 590 F.Supp. at 687-92, to "reject[ ] plaintiffs' contentions with respect to the definition, distribution, and exhibition components of the Act." Webb II, 643 F.Supp. at 1551 n. 10. Appellees have not argued on appeal that the district court was incorrect to reject these alleged constitutional infirmities; thus, we do not address these arguments as alternative grounds for upholding the district court's determination that the Act is unconstitutional.
Since it concluded that the display provision was substantially overbroad, the district court declined to reach plaintiffs' contention that the display component is unconstitutionally vague. Appellees have not argued on appeal that any of the provisions in question fail to provide the fair notice required under the Due Process Clause as to what constitutes a criminal offense under the Act; therefore, we need not address that claim either. Appellees have argued, however, that booksellers face an intolerable First Amendment burden in determining which materials are "harmful to minors" under the statutory definition in section 16-12-102. We address that claim at pp. 1505-1506.
Village of Hoffman Estates, Inc.22-23, 12 L.Ed.2d 377 (1964); (in turn quoting Speiser v. Randall, 357 U.S. 513, 526, 78 S.Ct. 1332, 1342, 2 L.Ed.2d 1460 (1958))
In its last term, the Supreme Court upheld a statute which prohibited the possession of "nude" photographs of minors, subject to several exemptions and "proper purposes" provisions. Osborne v. Ohio, --- U.S. ----, 110 S.Ct. 1691, 109 L.Ed.2d 98 (citation omitted). The Court noted that "depictions of nudity, without more, constitute protected expression." 110 S.Ct. at 1698 (citing Ferber, 458 U.S. at 765 n. 18, 102 S.Ct. at 3359 n. 18). And given the broad language, "it takes no great feat of imagination to envision situations in which such an ordinance might be unconstitutionally applied." 110 S.Ct. at 1701. However, since the Ohio Supreme Court read the statute as requiring "a lewd exhibition or ... a graphic focus on the genitals," the Court upheld the statute against an overbreadth challenge
The New York statute upheld in Ginsberg extended beyond the sale of such objectionable materials to its exhibition or presentation to minors. See N.Y.Penal Law Sec. 484-h, construed in Ginsberg, 390 U.S. at 647, 88 S.Ct. at 1284-85. It would be quite anomalous for a court to find that while minors have no right to purchase material unprotected to them, they nevertheless have a right to read or otherwise consume the material without taking permanent control over it as their own property
The cases discussed in the text above at pp. 1499-1500 with regard to standards of review for facial overbreadth challenges hold that regulations on display affect only the manner in which speech may be presented. Upper Midwest Booksellers, 780 F.2d at 1391-92; M.S. News Co., 721 F.2d at 1289; Rendell, 332 Pa.Super. at 581, 481 A.2d at 941
In order to be upheld as a reasonable time, place, and manner restriction, a statute must (1) not be based on content or subject matter, (2) be narrowly drawn, (3) further a significant governmental interest, and (4) allow for sufficient alternative forms of expression. City of Renton v. Playtime Theatres, Inc., 475 U.S. 41, 106 S.Ct. 925, 89 L.Ed.2d 29 (1986); Regan v. Time, Inc., 468 U.S. 641, 104 S.Ct. 3262, 82 L.Ed.2d 487 (1984); Clark v. Community for Creative Non-Violence, 468 U.S. 288, 104 S.Ct. 3065, 82 L.Ed.2d 221 (1984)
As the district court acknowledged, "the Playtime Theatres Court concluded that a restriction is content-neutral if it is concerned with the 'secondary effects' of the speech at issue ..., rather than with eradicating a particular type of speech." 643 F.Supp. at 1554 (citations omitted). The "secondary effects" of the regulated speech in Playtime Theatres related to the negative impact of adult theaters or "regulated uses" on a neighborhood's environment. The "secondary effects" of materials protected for adults but obscene to minors stem from the impact of in-store access to such materials by minors. The district court found that the defendants presented no evidence of such "secondary effects" from in-store access. The court reasoned that while in Ginsberg the Supreme Court required only a rational basis for the legislative conclusion that an unlimited right to purchase and view sexually explicit materials would be harmful to minors, since the right of adults to have access to such material is implicated, unlike in Ginsberg, a higher evidentiary standard is required under Playtime Theatres.
We agree with the Upper Midwest Booksellers court in finding that the empirical data required to sustain intricate commercial zoning regulations is not necessary to sustain the type of legislation at issue in this case. 780 F.2d at 1397 n. 11. As the Upper Midwest court observed, "[w]e see no [legally relevant] distinction between finding that exposure by virtue of the display of proscribed materials is harmful to minors and finding that the sale of proscribed material is harmful." Id. A court need only determine that "it was not irrational for the legislature to find that [even fleeting] exposure to material condemned by the statute is harmful to minors." Ginsberg, 390 U.S. at 641, 88 S.Ct. at 1281.
Erznoznik v. City of Jacksonville, 422 U.S. 205, 213 n. 10, 95 S.Ct. 2268, 2275 n. 10, 45 L.Ed.2d 125 (1974)
A comparison of (1) the Ginsberg standard, (2) the Miller standard and (3) the standard articulated in O.C.G.A. Sec. 16-12-102 discloses that Miller does not affect the validity of the definition utilized in the Georgia statute, and in general only modifies the third prong of the Ginsberg standard for obscenity
The first prongs of all three tests are essentially the same. Compare Memoirs v. Massachusetts, 383 U.S. 413, 418, 86 S.Ct. 975, 977, 16 L.Ed.2d 1 (1966) (plurality opinion) and Ginsberg, 390 U.S. at 633, 88 S.Ct. at 1276-77 with Miller, 413 U.S. at 24, 93 S.Ct. at 2614-15 and O.C.G.A. section 16-12-102(1)(A).
The district court suggested that "[t]he Miller obscenity test does not incorporate the 'taken as a whole' standard into the second part of the test [articulated in Memoirs and Ginsberg ]." Webb I, 590 F.Supp. at 688. The second question in the Memoirs-Ginsberg test is whether the material is "patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material for minors." Ginsberg, 390 U.S. at 633, 88 S.Ct. at 1276-77. Cf. Memoirs, 383 U.S. at 418, 86 S.Ct. at 977 (adult standard). Similarly, the second test for adult obscenity in Miller is "whether the work depicts or describes, in a patently offensive way, sexual conduct specifically defined by the applicable state law." Miller, 413 U.S. at 24, 93 S.Ct. at 2615. Section 16-12-102(1)(B) retains the Ginsberg "as a whole" language for the second prong; therefore, even assuming arguendo that Miller relaxed the standard, the Georgia definition and those like it are either (1) completely consistent with Miller, or (2) narrower than the second prong of the more recent test articulated in Miller. A state is entirely free to adopt a test for obscenity that is narrower than current First Amendment jurisprudence requires.
Our reading of the second prong of the test articulated in Memoirs, see 383 U.S. at 418, 86 S.Ct. at 977, and in Ginsberg, see 390 U.S. at 633, 88 S.Ct. at 1276-77, satisfies us that the Memoirs-Ginsberg test for whether the material is "patently offensive" refers specifically to the objectionable portion of the work in question and does not, indeed, cannot logically, be evaluated on the basis of the work as a whole. That is, whether the sexually explicit portion of the work is "patently offensive,"--a necessary condition that is distinct from the other two prongs--does not depend upon or in any way relate to the "work as a whole" or to the unobjectionable portions of the allegedly obscene work. Thus, the absence of the "as a whole" language in the Miller test does not work a change in the second prong of the obscenity test.
The apparent confusion stems from the fact that the particular articulation of the second test in the statute at issue in Ginsberg asks whether the material was "patently offensive to prevailing standards in the adult community as a whole." 390 U.S. at 633, 88 S.Ct. at 1276-77. The plurality opinion in Memoirs makes no mention of the "as a whole" requirement. See 383 U.S. at 418, 86 S.Ct. at 977. It is our view that the phrase "as a whole" merely modifies "community" and expresses the idea articulated in Memoirs and a later case, Pope v. Illinois, 481 U.S. 497, 107 S.Ct. 1918, 95 L.Ed.2d 439 (1987), that the first and second tests under the pre- and post-Ginsberg (i.e., Miller ) definition of obscenity must be judged with reference to the "average" member of the "whole" community, whereas the third prong is decided with reference to whether a reasonable member of the community would find serious value in the allegedly obscene material, regardless of whether the "average" member of the community or the community "as a whole" would find serious value. Id.; Hunter v. State, 257 Ga. 571, 573, 361 S.E.2d 787, 789 (1987). The first and third prongs also require that the allegedly obscene material be viewed "as a whole." Id.
The interpretation that the first two prongs of the Memoirs-Ginsberg definition of obscenity were not changed by Miller in any way material to this appeal is further supported by the fact that the Miller Court did not distinguish the first two prongs of its obscenity test from the Memoirs-Ginsberg test, yet it explicitly declined to adopt the "utterly without redeeming social value" test articulated in Memoirs and used in Ginsberg. The Court instead stated that the state need not prove an "utter" lack of value--a "test that called on the prosecution to prove a negative, i.e., ... a burden virtually impossible to discharge under our criminal standards of proof," 413 U.S. at 22, 93 S.Ct. at 2613, but must instead show that the material, "taken as a whole," lacks serious literary, artistic, political or scientific value." Id. at 24, 93 S.Ct. at 2615. In other words, Miller relaxed the third prong of the obscenity test and allowed the government to regulate material that satisfies the other two prongs of the test and has little or no value to society. We see no reason why the change in section 16-12-102(1)(C) to reflect the Miller standard for serious value should in any way affect the Ginsberg holding that the government may prohibit the sale or distribution of material deemed obscene under the current Supreme Court definition of obscenity for adults, as modified to apply to minors.
The district court seemed to reject this argument in its first order: "the Court cannot accept plaintiffs' premise that a single standard for all minors necessarily ... 'restrict[s] older minors to reading or reviewing that which is appropriate for the very young or immature child,' " Webb I, 590 F.Supp. at 688-89 (footnote omitted), only to embrace it in its second order. The Webb II court interpreted the statute to cover " 'the predominant amount of all of the adult reading material' " because the serious value prong must be applied in light of what "most" minors can comprehend, and would cover any work satisfying the first two prongs of the obscenity test while having serious literary value that a ten-year-old could not appreciate, Webb II, 643 F.Supp. at 1550, or that would not be suitable for a fifth-grade reading list, id. at 1548
A seventeen-year-old is of course a member of the group to which "prevailing standards in the adult community as a whole with respect to what is suitable material for minors" must be applied under Sec. 16-12-102(1)(C). The addition of a second layer of analysis in a variable obscenity standard, i.e., asking what a reasonable member of the adult community thinks would hold serious literary value for a reasonable minor, does not affect the rule articulated in Pope
The Supreme Court made no mention of any such overbreadth problem when it upheld the New York statute in Ginsberg despite the fact that the "utterly without redeeming social value" prong of the then-current obscenity standard made no explicit provision for the varying levels of maturity and literary comprehension amongst minors. Curiously, appellees do not appeal the ban on the sale or loan of material defined in section 16-12-102 even though the interpretation that the statute covers material that would hold serious value for older minors would raise serious constitutional overbreadth concerns for both a display ban and a prohibition on sales to older minors. The encroachment on the access of older minors to material which holds serious literary value for them would be just as great if the statute in question banned the sale of such protected material to older minors as if the statute banned its display
This is not to say that the statute covers only material already subject to Georgia's general obscenity statute, O.C.G.A. Sec. 16-12-80.!' "
The district court agreed that if "materials can be displayed if they hold literary value for anyone under the age of eighteen," 643 F.Supp. at 1554 n. 17, the burden on booksellers would be substantially decreased. "The court indicates that if the display provision applied only to material on the fringe of protected expression," id. at 1554, or only material "inappropriate for minors approaching the age of majority," id. at 1556, it would be constitutional
A bookstore owner testified that it is easier to comply with the sales prohibition since "at the point of sale [the bookseller] has the opportunity to assess the maturity of the purchaser and to review the book selected." Webb II, 643 F.Supp. at 1551 n. 9
We have omitted several of the more specific terms in section 16-12-103(e) that are somewhat redundant given the more general phrases also utilized
We use the word "booksellers" throughout this passage to refer generically to any person subject to the statute
The statute at issue in Rendell, 18 Pa.Cons.Stat. Sec. 5903(a)(1), prohibited, in relevant part, the "display [of material obscene as to minors under a three-prong test similar to O.C.G.A. Sec. 16-12-102] ... in any business or commercial establishment where minors ... are or probably will be exposed to view all or any part of such materials." See 332 Pa.Super. at 566, 481 A.2d at 934
The Colorado Supreme Court struck down a display ban with identical language as section 16-12-103(e) in Tattered Cover, Inc. v. Tooley, 696 P.2d 780 (Colo.1985) (construing Colo.Rev.Stat. Sec. 18-7-502(b)(5) (Supp.1984)). However, in Tattered Cover, Inc. the parties stipulated that there were only five ways to comply with the statute:
(1) prohibiting entry into the plaintiffs' stores of persons under the age of eighteen; (2) refusing to carry or display all sexually explicit material; (3) refusing to carry or display material proscribed by the Act; (4) restricting access to substantial portions of their material by segregating sections of their establishment with an "adults only" section; and (5) establishing an "adults only" section solely for material proscribed by the Act.
Id. at 783. The Colorado Supreme Court found the statute unconstitutional explicitly on the basis of the trial court's factual finding that the stipulated compliance strategies were not commercially feasible. The parties in this case, by contrast, have not stipulated that these are the only ways in which section 16-12-103(e) may be satisfied. We construe section 16-12-103(e) as affording several less burdensome compliance options.
We interpret "adults[-]only sections" to refer to aisles or open places in a store not physically separate from areas accessible to minors. As we understand their use of this phrase, appellants suggest that material "harmful to minors" could be displayed openly if the store had in place adequate signs and/or a surveillance policy insuring that the adults-only area and its contents were not accessible to minors. Such a "section" or "aisle" is distinct from a physically segregated room or area inaccessible to minors
Va.Code Ann. Sec. 18.2-391(a) (1989) makes it unlawful "to knowingly display [material deemed "harmful to minors"] in a manner whereby juveniles may examine or peruse [it]." (Emphasis added.) See American Booksellers Ass'n v. Virginia, 882 F.2d at 126-27. In answer to a question certified by the United States Supreme Court in an appeal of the Fourth Circuit's earlier decision that the statute was unconstitutional, see 484 U.S. 383, 108 S.Ct. 636, the Virginia Supreme Court found that the statute would be satisfied by a store policy of prohibiting the perusal of such material by minors whenever observed. Commonwealth v. American Booksellers Ass'n, 236 Va. 168, 372 S.E.2d 618 (1988)
As we stated in the text above, regardless of the method chosen to comply with the statute, minors must be denied the opportunity to peruse the material subject to section 16-12-103(e). The ban on "display" would be but a pyrrhic victory for the legislature and would not serve the purpose of protecting minors if they were allowed simply to reach over the blinder rack and remove the material for unfettered perusal. We need not specify the steps that must be taken to assure that the opportunity to browse is eliminated. Since any violation of section 16-12-103 must be done "knowingly," we are confident that a number of options are available that would eliminate the perusal by minors of material placed behind blinder racks without hindering adults' access to such material
We recognize that it is possible to read section 16-12-103(e) to require more than the use of blinder racks. It was suggested at oral argument that in order to satisfy section 16-12-103(e) in an establishment open to minors, material "harmful to minors" must be (1) placed behind or underneath the counter, or in some other area not visible to the general public but available to adults upon request; (2) sealed in plastic and/or fitted with an opaque cover, depending on whether its cover or contents, or both, were subject to the ban, see Sec. 16-12-103(e)(1) and (e)(2); or (3) placed in a physically separate room or area from that portion of the establishment open to minors. We make no determination as to whether these suggestions would satisfy the statute
Given the district court's factual finding that sales of reading material depend heavily on its "display" and availability for perusal by adults, and that requiring adults to request material kept underneath the counter can inhibit choice, these compliance strategies in general seem to impose more burden on adults' access to material protected as to them. We need not determine whether such burdens would be constitutionally permissible, however, since in a facial challenge the possibility that the Georgia courts could conceivably interpret section 16-12-103(e) more broadly than we do is insufficient to render it invalid. Virginia v. American Booksellers Ass'n, 484 U.S. at 397-99, 108 S.Ct. at 645;).
In Kucharek v. Hanaway, 714 F.Supp. 1499, 1517 (E.D.Wis.1989), a district court struck down Wisconsin's adult obscenity law on vagueness grounds but upheld a library exemption under the rational basis test. The court acknowledged in passing dicta that strict scrutiny might be appropriate for evaluating classifications involving material that is obscene for children but not adults. The Seventh Circuit recently reversed the vagueness holding and affirmed the library exemption without discussing this dicta. Kucharek v. Hanaway, 902 F.2d 513 (7th Cir.1990)
Although the M.S. News court referred to the exemption in that case as generally turning on the commercial/noncommercial distinction, the Wichita ordinance at issue did not refer explicitly to "commercial" use; instead, it provided an affirmative defense if the material or performance was "displayed, presented or disseminated to a minor at a recognized and established school, church, museum, medical clinic, hospital, public library, governmental agency, quasi-governmental agency and [if done] for a bona fide governmental, educational or scientific purpose." Code of the City of Wichita Sec. 5.68.156(3) (1979). See M.S. News, 721 F.2d at 1291
Appellees make much of the fact that section 16-12-104 does not turn specifically on whether the material is distributed, exhibited, or displayed commercially rather than noncommercially. Appellees' Brief at 44-45. See also Webb II, 643 F.Supp. at 1556 n. 20 (noting "that the legislature apparently rejected the commercial/noncommercial distinction in amending the Act"). Appellants respond that "[e]ven though the Georgia Act does not on its face exempt as many non-commercial distributions or displays as did the Wichita ordinance [in M.S. News], it is clear that the exempted conduct under the Georgia law is in fact non-commercial." Appellants' Brief at 55. Outside of "suspect classification" Equal Protection analysis, the specific facts upon which the legislature's classification turns do not shed light on the "fundamentalness" of the right affected by the classification; therefore those facts do not influence the level of scrutiny that a court must apply. Rather, the facts upon which the classification turns help explain both its legislative purpose and the likelihood that the classification will serve this purpose.
The application of the strict scrutiny standard in cases involving classifications drawn in laws regulating material that is not obscene as to either adults or minors does not conflict with our holding in this case. In a case relied upon by the Upper Midwest court, for example, Salem Inn, Inc. v. Frank, 522 F.2d 1045, 1049 (2d Cir.1975), the Second Circuit applied strict scrutiny to an ordinance prohibiting topless dancing in bars, restaurants and various other establishments, but allowing such dancing in opera houses, theaters and other places. See id. at 1046-47 (describing the classification). The Salem Inn court explicitly pointed out that its decision to apply strict scrutiny turned on the fact that on its face the ordinance reached displays "of the partially nude female form" that were not obscene as to even minors and thus constituted completely protected expression:
We reemphasize that the ordinance here is directed not at lewdness or obscenity but at nudity which, the [Supreme] Court has reminded us, is not per se 'obscene even as to minors.'
Id. at 1049 (citation omitted). See also Cruz v. Ferre, 571 F.Supp. 125, 134 (S.D.Fla.1983) (strict scrutiny applied to classification drawn between broadcast and cable television in regulation reaching indecent but not obscene material), aff'd, 755 F.2d 1415 (11th Cir.1985).The Ripplinger court agreed with the rational basis test approach in Casado, but placed Tattered Cover, Upper Midwest and Webb II within the category of cases including Salem Inn and Cruz, rather than Casado--although it acknowledged that "[n]either [Upper Midwest nor Webb II ] is written so narrowly." Ripplinger, 868 F.2d at 1050 n. 7. We do not agree that the Minneapolis ordinance and the Colorado and Georgia statutes dealt with regulations on " 'sexually explicit' material rather than 'obscenity' as defined in Miller v. California." Id. The regulations in all three cases regulated not merely "sexually explicit" material, but material that is at least obscene as to minors. See Upper Midwest, 780 F.2d at 1390-91; Webb II, 643 F.Supp. at 1549-50; Tattered Cover, Inc., 696 P.2d at 787.
The right to sell an admission ticket to a minor for a motion picture or other presentation that is obscene as to minors under section 16-12-102 is, for the purposes of this discussion, virtually the same as selling or loaning to minors material that is obscene as to them. Thus, the exemption to section 16-12-103(b) implicates the same equal protection analysis as the exemption to section 16-12-103(a), which is discussed in the text
The Seventh Circuit has suggested that library exemptions in obscenity statutes also serve the purpose of shielding libraries from groundless complaints that they are disseminating obscene materials. Kucharek v. Hanaway, 902 F.2d 513 (7th Cir.1990)
Appellees have not argued that the classification is itself "inherently suspect" and therefore deserving of strict scrutiny under another branch of Equal Protection analysis
The American Mini Theatres plurality upheld a zoning requirement that prohibited more than one adult theater within 1000 feet of any two other "regulated uses." See 427 U.S. at 53 n. 3, 96 S.Ct. at 2444 n. 3 (defining "regulated uses"). Only theaters licensed to present material "characterized by an emphasis on matter depicting, describing or relating to 'Specified Sexual Activities' ... (as defined [elsewhere in the zoning ordinance]" were subject to the "1000 feet rule." Id. at 53, 96 S.Ct. at 2444. Other theaters, like the libraries specified in section 16-12-104 of the Georgia statute, were unrestrained
The focus of classification between exempt and nonexempt entities must of course relate to a state's interest in protecting minors from the harmful effects of material that is obscene as to them. A state could not draw a classification affecting speech protected to one group but not another to serve an interest unrelated to protecting the group for which the expression is unprotected. For example, the state could not draw a classification on the right to somehow deal in such material in an effort to address the effect of such quasi-protected speech on neighborhoods, see American Mini Theatres, or some such other secondary effect of the speech unrelated to the state's interest in protecting the group for whom such material is unprotected--in this case, minors | http://openjurist.org/919/f2d/1493 | 2013-05-18T10:31:38 | CC-MAIN-2013-20 | 1368696382261 | [] |
The theory or system of several new inhabited worlds lately discovered and pleasantly describ'd in five nights conversation with Madam the Marchioness of **** 2012-08-04T23:55:23Z Fontenelle M. de Printed by W.O. for Sam. Briscoe ... London 1985 [2], 98 [i.e. 114] p Contains numerous errors in pagination Reproduction of original in the Huntington Library Wing F1418 Microfilm. Ann Arbor, Mich. : University Microfilms International, 1985. 1 microfilm reel ; 35 mm. (Early English books, 1641-1700 ; 1615:36) eng | http://openlibrary.org/books/OL15016710M.opds | 2013-05-18T10:45:50 | CC-MAIN-2013-20 | 1368696382261 | [] |
1 30 1 2011-03-04T10:54:17+00:00 152 HyperlocalSite 309427 51.470172 0.007274 2011-03-04T09:06:24+00:00 Rich … Continue reading → Finally a reason to watch daytime ITV 2011-03-04T10:54:17+00:00 | http://openlylocal.com/feed_entries.xml?restrict_to=hyperlocal_sites&tagged_with=bookshop+on+the+heath | 2013-05-18T11:04:15 | CC-MAIN-2013-20 | 1368696382261 | [] |
Debates of March 28th, 2012
House of Commons Hansard #101 of the 41st Parliament, 1st Session. (The original version is on Parliament's site.) The word of the day was housing.
Youth
Oral Questions
3 p.m.
Port Moody—Westwood—Port Coquitlam
B.C.
Conservative
James Moore Minister of Canadian Heritage and Official Languages
Mr. Speaker, we have a strong record in supporting kids and that will continue.
My colleague will have to wait for the budget tomorrow, but I know that he is very anxious to please Canadians. I think the best way for him to please Canadians would be on Saturday night when he gets into the ring, if he keeps his hands nice and low and keeps his chin nice and high, he will be giving Canadians the greatest show we have been waiting for.
Official Languages
Oral Questions
3 p.m.
NDP
Robert Aubin Trois-Rivières, QC
Mr. Speaker, earlier this week, there was one. Now there are two: two unilingual anglophone immigration board members in Montreal. Do I have to point out that Montreal is in Quebec, and that the Quebec nation is francophone? This situation is unacceptable not only on the surface, but at the core, because it makes the board members' work inefficient, questionable and perilous.
When will the government fix the problem and show this country's francophones the respect they deserve?
Official Languages
Oral Questions
3 p.m.
Calgary Southeast
Alberta
Conservative
Jason Kenney Minister of Citizenship
Mr. Speaker, I thank the member for his question. The Immigration and Refugee Board complies with the Official Languages Act. It holds hearings in the applicants' chosen official language before a board member who speaks that language.
In Montreal, 21 board members are bilingual, nine are unilingual francophones and two are unilingual anglophones. Thirty percent of applications are submitted in English, and those hearings are held in English. There is no problem in Montreal. The board provides services in the applicants' chosen language.
Official Languages
Oral Questions
3 p.m.
NDP
Robert Aubin Trois-Rivières, QC
Mr. Speaker, the member says there is no problem in Montreal. So why did the Supreme Court quash one decision?
Bilingualism is considered merely an asset when people are applying for the job. It should be an essential requirement for the Montreal office. In this kind of environment, language skills are extremely important. One cannot understand a case if one cannot read the file. That seems pretty straightforward to me.
When will the Conservatives respect both the letter and the spirit of the Official Languages Act?
Official Languages
Oral Questions
3 p.m.
Calgary Southeast
Alberta
Conservative
Jason Kenney Minister of Citizenship
Mr. Speaker, the spirit and letter of the Official Languages Act require us to provide services in the official language of choice of Canadians, or refugee claimants in this case. There are nine unilingual francophones in the Montreal office.
Is he suggesting that we should dismiss the nine unilingual francophones? No, because Canada is a bilingual country. We respect the rights of francophones and anglophones, both the 30% of claimants in Montreal who file their claims in English, and the nine decision makers who are unilingual francophones.
Health
Oral Questions
3 p.m.
Conservative
Joyce Bateman Winnipeg South Centre, MB
Mr. Speaker, Canadians across the country are concerned about drug shortages. These have been caused in large part by sole-source supply agreements entered into by provincial and territorial governments and their drug purchasers.
Could the Minister of Health please give the House an update on what she has been doing to deal with this very important issue?
Health
Oral Questions
3 p.m.
Nunavut
Nunavut
Conservative
Leona Aglukkaq Minister of Health and Minister of the Canadian Northern Economic Development Agency
Mr. Speaker, as the hon. member has pointed out, this is a difficult situation caused by sole-source drug supply agreements with provinces and territories. I have strongly encouraged them to consider alternate arrangements that provide for multiple suppliers in the future.
Health Canada has provided provinces and territories the names of companies in Canada that are already licensed to produce the drugs that are in shortage. We have approved six drugs and are expediting the review of more. We are working around the clock to play our part in dealing with the important issue. We have also offered the provinces access to the national emergency stockpile system.
Fisheries and Oceans
Oral Questions
3 p.m.
Liberal
Lawrence MacAulay Cardigan, PE
Mr. Speaker, there is not a fisheries group in Canada that supports the elimination of the owner-operator fleet separation policy. I introduced a motion to have the fisheries committee hear from the people who would suffer the most when these policies are removed.
Did the government vote this motion down because the inshore fishers have something that the corporate sector wants? Why is the government going to sacrifice communities in Quebec and Atlantic Canada just to satisfy corporate greed?
Fisheries and Oceans
Oral Questions
3:05 p.m.
Fredericton
New Brunswick
Conservative
Keith Ashfield Minister of Fisheries and Oceans and Minister for the Atlantic Gateway
Mr. Speaker, the member obviously has a crystal ball, but I do not.
The member opposite has been in the House for some 25 years and knows full well that committees answer to the House and that a committee's business is the committee's business.
As for the government's interest in the matter, as I said before, we are looking for input from fishermen to listen to their ideas about the future of the fishery.
Oral Questions
3:05 p.m.
NDP
Sadia Groguhé Saint-Lambert, QC
Mr.?
Oral Questions
3:05 p.m.
Charleswood—St. James—Assiniboia
Manitoba
Conservative
Steven Fletcher Minister of State (Transport)
Mr..
Foreign Affairs
Oral Questions
March 28th, 2012 / 3:05 p.m.
Conservative
Laurie Hawn Edmonton Centre, AB
Mr. Speaker, the media is reporting that the Canadian government is requesting that Omar Khadr, convicted murderer and terrorist, be returned to the United States to serve out the rest of his sentence.
Could the Minister of Public Safety please advise the House and all Canadians on the progress of this file?
Foreign Affairs
Oral Questions
3:05 p.m.
Provencher
Manitoba
Conservative
Vic Toews Minister of Public Safety
Mr. Speaker, Omar Ahmed Khadr has pleaded guilty to very serious charges in the United States, including the murder of a medic. At this time, Canada has not received a formal application for transfer. If an application were received, it would be determined in accordance with the law. No decisions have been made at this time.
Let me be clear. Canada has not made a request for Omar Ahmed Khadr to be returned.
Industry
Oral Questions
3:05 p.m.
NDP
Annick Papillon Québec, QC
Mr. Speaker, first there was trouble at the White Birch mill; now Veyance Technologies, located in Quebec City for 60 years, may move to the U.S. This puts 115 jobs in jeopardy. However, a Quebec firm was interested in buying Veyance Technologies and keeping those jobs in Quebec City. If nothing is done, 115 jobs may be lost and exported to the United States.
Is the government waiting for all the good jobs to move to the United States before taking action, or will it take the lead and keep our jobs here?
Industry
Oral Questions
3:05 p.m.
Mégantic—L'Érable
Québec
Conservative
Christian Paradis Minister of Industry and Minister of State (Agriculture)
Mr. Speaker, we recently learned that the union has, fortunately, voted in favour of the company's most recent offer. I can confirm that the transaction can now be reviewed under the Investment Canada Act. There is no cause for speculation about this specific issue for the time being. | http://openparliament.ca/debates/2012/3/28/laurie-hawn-1/ | 2013-05-18T10:31:40 | CC-MAIN-2013-20 | 1368696382261 | [
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Heather.25.NY
"THE SKYLINE UNFOLDS INTO EXPLANATION"
Friends-
Here is the first piece of my solo recordings. It’s called Mixtape 1 and its available for a free download here:.
If you’re interested, you can “LIKE” the Facebook page or come see me play these songs and more at one of my few house shows or at a date on my tour with Anthony Green. If you feel like you want to pay for this music, please make a donation to the Red Cross. From the volunteering that I’ve been doing, I can tell you they’ve had a visible and well-organized presence. I also have very small runs of Silk Screen posters that I sell 100 hand-numbered & signed copies of. I make one for each song and they usually disappear pretty quickly. Maybe there are a couple left here for Going to Hell.
Below, I have all the lyrics and artwork posted(on Facebook and Tumblr) so feel free to take what you want of the music and words. As an added note, My Favorite Blue Raincoat is a response to the Leonard Cohen song, “Famous Blue Raincoat.” The friend that he’s writing to, in the original song, is writing back here.
I need to thank Don Devore, Brendan Tobin, Brooks Tipton, Tom Keeley and Anthony Green, for helping me to make this and, of course my Thursday and United Nations family. Most of all, this is a big thanks to YOU. For all the years of support and love you’ve given me in my various projects, I want to extend my fondest appreciation.
Sincerely.
Geoffrey William Rickly.
don’t you love this life
don’t you love this life
I’ll do what I can
I’ll sing you to sleep and if you wake up I’ll kiss you back to sleep and every morning I’ll love you more than the night before
The Firebird Band - Gift
(Source: youtube.com)
The dopest flier for the dopest show. Courtesy of KayWaal Creative:
Only a handful of tickets left (literally 15 of them) before it will be 100% sold out. Get your ticket now here:
Just bought mine (:.
hahahahahahaha, amazing.
BASICALLY
(Source: bethyhealer)
It’s amazing how quick your life can change when you just put in a little effort.
Seeing Geoff Rickly play a solo acoustic show was the most amazing thing in life. I’ll post the video n pics in a bit.
I have an extra ticket for beacon theater tonight April 29 at 8 pm. Anyone interested?
“Take the best orgasm you’ve ever had… multiply it by a thousand, and you’re still nowhere near it.”
Trainspotting, 1996
Great film
Saw the book for this the other day. Hoping to pick it up soon.
(Source: glared, via phosphenesss)
I’m seeing Refused tomorrow night. Fuck yeah.
Converge was fucking awesome Sunday night. They are the best band I’ve ever seen live. Every single fucking time. Oh and they opened with Jane Doe.
With this show being almost 2 weeks away we’re going to give 2 free tickets once this blog hits 100 notes. You must REBLOG the picture to be entered into the contest.
If you miss this show, you’re pretty much fucking up big time so..get to it and REBLOG!
Less than 50 notes left to go. Keep on rebloging!
Coming home and seeing this with 30 more notes was awesome. Keep it up!
SHOW IS OFFICIAL IN 2 DAYS (THURSDAY)!!! | http://openwidedarling.tumblr.com/page/2 | 2013-05-18T10:31:41 | CC-MAIN-2013-20 | 1368696382261 | [] |
As gasoline is fast approaching $3.00 per gallon again, the topic of telecommuning is being discussed again at work. Many employers fear that if an employee is not at the office then they cannot be working. The Dilbert scenario of telecommuting will take over and the employees will sit around all day in their underwear playing computer games.
Nothing can be further from the truth. There are many advantages to implement telecommuting. For example, instead of hiring instructors out of the local talent pool, the college is now recruiting professors from across the country to teach online courses. This allows us to find the best instructors no matter where they live. Your company can do the same, and more, by leveraging of the the advantages of telecommuting.
- Read more about The Advantages of Telecommuting.
You make a very good point! My experiences tell me one word needs to be added to the equation – Balance. People still need to be brought into the office every now and then for some human interaction. Without this human interaction, it is easy for people to feel either – they are not being appreciated or they don’t have to work as hard.
In a recent Marketing article on “Balance” – The balance was between Technology and “Face to Face” contact. The same is 100% true for Telecommuting.
Thanks for reminding me.
The non-profit organization that I work for has actually done the same thing. By encouraging employees to telecommute we help each of them save money. Also, the organization as a whole saves money by using and it allows us to collaborate with people from all over the world without having to pay their travel expenses. | http://operationstech.about.com/b/2010/01/14/telecommuting-is-a-win-win-situation.htm | 2013-05-18T10:12:48 | CC-MAIN-2013-20 | 1368696382261 | [] |
Collapsed Pyramid at Meidum
Collapsed Pyramid at Meidum
2637 BC - 2613 BC
Meidum, Egypt
The true (smooth) pyramid evolved in the third dynasty from its step pyramid predecessor. The Meidum pyramid is an early example of this. The intent was to add fill around a seven-stepped core, then encase the whole pyramid in smooth limestone. But it was abandoned before completion, probably due to some kind of engineering failure (exactly why, is not known). Its valuable limestone blocks were taken away and reused; only the exposed core remains today, surrounded by a great heap of sand and rubble. (The sand was not part of the pyramid, but simply blew in from the surrounding desert.)
The pyramid was probably built by Huni, the last king of the third dynasty, and finished by his son Snefru, the founder of the fourth Dynasty. Meidum is about 40 miles south of Giza, between the Faiyum oasis and the Nile. Egyptian Arabic. Some believe it was the collapse of this pyramid during the reign of Sneferu that led him to change the angle on his second pyramid at Dahshur to 43 degrees[1].s.. In its final form it was 1100 Cubits of 0.523m around by 175 Cubits high, thus showing the same proportions as the Great Pyramid at Giza, and therefore the same circular symbolism. Petrie wrote in the 1892 excavation report ? or 51? 50' 35", which would have been understood and expressed by the Ancient Egyptians as a seked slope of 5½ palms | http://opitravel.net/egypt-vacation-outgoing-tours-inbound/index.php?option=com_zoo&task=item&item_id=315&Itemid=43 | 2013-05-18T10:21:20 | CC-MAIN-2013-20 | 1368696382261 | [] |
Anonymous asked: Eerie Elle! What are some ideas of what to wear in -10 ºC (around 15 ºF) without losing femininity? Winter is coming and I rather not resort to just pants^^
My strategy for staying warm in winter and still feeling like myself is to stock up on fleece lined tights. Then, you can even wear some of your spring/summer dresses, and layer some of your warm sweaters and cardigans over them. And if it’s snowy, you can add a cute coat and a pair of boots :) I find that fleece tights are much comfier and even warmer than pants!
1 year ago
Tagged as: questions.
invertedspectrum likes this
musiciansingirdles likes this
opiumpoppies posted this | http://opiumpoppies.tumblr.com/post/22407510016/eerie-elle-what-are-some-ideas-of-what-to-wear-in-10 | 2013-05-18T10:40:23 | CC-MAIN-2013-20 | 1368696382261 | [] |
Press Center
Founded in 1902, Oak Park Public Library’s mission is to empower and engage its community with opportunities for lifelong learning and enjoyment. The 5-Star Library serves 50,000 Oak Park, Illinois residents and, as a member of Illinois’ SWAN consortium, gives cardholders access to more than 1 million titles for checkout. At three physical locations, the library offers fiction and nonfiction titles, audiobooks, ereaders, movies, music, video games, magazines, newspapers, reference materials, and local history and author information. Through its website and custom app, the library provides a 24-hour librarian reference service, ebooks, digital movies and music, online subscriptions, continuing education courses, digital archives and more. The Main Library also is known for its impressive collection of permanent artwork, including pieces by local artists. Learn more about the library's mission, vision and goals. | http://oppl.org/about/library-information/library-news/press-center?page=3 | 2013-05-18T11:02:07 | CC-MAIN-2013-20 | 1368696382261 | [] |
Since we started Opstera, we have had the opportunity to partner with a number of great companies and engage with numerous Enterprise customers. It was always our belief that the Enterprise segment is primed to grow and at the same time, they have embraced new SaaS based services for Operations needs.
While all that is interesting, selling into this market segment was challenging and we were fortunate to have partnerships with Microsoft and vendors. One unmistakable characteristic that we noticed was how System integrators have increasingly taken over Ops in Enterprises and in many cases were pseudo decision makers on software affecting Operations.
Today, we are announcing that Avanade has acquired Opstera software to augment its managed services portfolio. This is an exciting move for us, because it allows us to build on the foundation we had laid out in building and managing hundreds of customers. Additionally, along with the recent acquisition of Azaleos, Avanade has bolstered its product portfolio of providing managed services for applications deployed into public, private or hybrid environment.
This brings our Opstera journey to a fantastic culmination and over the coming months we are looking forward to rationalizing how we offer the AzureOps service and explore the possibilities of combining that with other exciting technologies. This is great news for customers, product, and team.
You can read the press release here and more about the acquisition here. | http://opstera.com/blog/?Tag=Auto-Scaling | 2013-05-18T10:31:27 | CC-MAIN-2013-20 | 1368696382261 | [] |
Novel adsorbent hollow fibres for oxygen concentration
Reference:
Nevell, J. M. and Perera, S. P., 2011. Novel adsorbent hollow fibres for oxygen concentration. Adsorption, 17 (1), pp. 273-283.
Related documents:This repository does not currently have the full-text of this item.
You may be able to access a copy if URLs are provided below. (Contact Author)
Official URL:
Abstract
The research examined the development of adsorbent hollow fibres as a low pressure drop structure for the production of oxygen-enriched air. The potential benefits of using a low pressure drop flexible adsorbent structure with molecular sieving properties over a bed packed with pellets include a low attrition resistance which could extend the life of the adsorbent structure. Highly macroporous, highly adsorbent loaded (up to 90wt%) fibres were produced. By increasing adsorbent density, the separative performance and nitrogen loading were improved. The separative performance of the adsorbent fibre was found to be slightly inferior to that of the bed of smaller 0.4-0.8mm beads, as the diffusion path length was longer in the fibres and caused increased mass transfer resistances within the macroporous structure. The pressure drop through the fibre was found to be 40 to 70times lower than that through an equivalent packed bed of 0.4-0.8mm beads. This experimental feasibility study has demonstrated that the novel zeolite fibre configuration shows good potential for the production of oxygen-enriched air in a low energy, short cycle time, pressure swing process. The challenges of improving the performance of the adsorbent fibres and their operating parameters are described. | http://opus.bath.ac.uk/22716/ | 2013-05-18T10:12:39 | CC-MAIN-2013-20 | 1368696382261 | [] |
I found baby Danny pictures on my mom’s computer!
Do all dogs lay on their backs a lot, or is it just corgis?
I normally don’t force him into that sweater, but I wanted him to have a little more ORANGE today.
Corgi by ~Ita-kunPWNS
/shamefully promotes her own video
Ignore the annotations I put, I wasn’t in my right mind when I uploaded this and have long since forgot how to log into my account. | http://orangecorgis.tumblr.com/tagged/Danny | 2013-05-18T11:01:38 | CC-MAIN-2013-20 | 1368696382261 | [
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(eg, (eg, myasthenia gravis , multiple sclerosis , Parkinson’s disease , amyotrophic lateral sclerosis )
- Psychological conditions (eg, hysterical aphonia)
Risk Factors
Risk factors that hoarseness that is not getting better after two weeks
- Have complete loss of voice that lasts more than a few days
- Have hard, swollen lymph nodes
- Have difficulty swallowing
- Cough up blood
- Feel a lump in your throat
- Have severe throat pain
- Have unexplained weight loss
When Should I Call for Medical Help Right Away? (eg, - | http://orangeparkmedical.com/your-health/?/432303/Aphonia | 2013-05-18T10:22:40 | CC-MAIN-2013-20 | 1368696382261 | [
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Orchard Park’s multi-dimensional offense and sturdy defense led the Quakers to their second state title in four seasons with a 21-13 victory over Newburgh Free Academy at the Carrier Dome in Syracuse on Sunday, Nov. 27.
“This game exemplified our balance,” said Crowley, who won the offensive back of the game honors. “We used everything we had. Balance all the way; just a great effort on all aspects of the team. It’s an unbelievable feeling.”
Crowley connected on 9 of 17 passes for 89 yards and run seven times for 49 yards.
2011 NYS Class AA football champions
“Our defense was the separation,” said Crowley. “They played unbelievable all day. They shut them down. That’s what won us the game – our defense.”
Fitzgerald, the team’s leading tackler throughout the season, was tops with 11 tackles in the championship game. Senior safety Kole Robinson factored in heavily with eight tackles and a fumble recovery. Okoya Anderson was terrific in stopping Newburgh’s run game by picking up six tackles (2.5 for a loss).
The win not only gave Orchard Park the state championship, it kept its undefeated season intact with 13 consecutive victories.
State Champs
“We play together as a team,” said Fitzgerald, who earned the Sportsmanship Award. “We have a ton of heart and we had to win. We couldn’t come this far and lose. We had to win this game and we did.”
The state championship victory gave Orchard Park its second state title in four years, and puts this year’s undefeated squad on par with the 2008 Quakers that accomplished the same feat.
“We proved we could be just like those other guys,” Fitzgerald added. “We were freshmen looking up to them. We had to be everything they were. We are state champions.”
Senior Ben Johnson was named the game’s most valuable player with six catches for 110 yards and a touchdown.
Devon Leach, a senior, earned the Most Valuable Lineman Award and was later named the winner of the Trench Trophy awarded to Western New York’s top lineman.
- – - -
Senior Luke Hoppy
When the Orchard Park High School football team won the New York State Class AA championship this fall, the win gave the school its second state title in four seasons. The championship also brought a second state title to the homes of the Goltz, Hoppy and Robinson families.
Dave Goltz, Kyle Hoppy and Kyle Robinson were among the members of the 2008 state championship team that defeated Monroe-Woodbury, 21-17, at the Carrier Dome in Syracuse. Their younger brothers, Austin and Peter Goltz, Luke Hoppy and Kole Robinson helped this year’s version of the Quakers capture a 21-13 win over Newburgh Free Academy to win the 2011 state title. Both teams had undefeated marks of 13 wins and no losses.
Kole Robinson, a starting safety on this year’s squad, said the comparisons to the 2008 were constant, but the support from his brother helped alleviate any pressure to matching his sibling’s accomplishment.
“Everyone was always comparing us to the 2008 team so there was some pressure to show how good we really were, but I don’t think it really affected anyone,” said Robinson. “I don’t think there was too much pressure. Kyle wanted us to win just as much as we did.”
In 2008, Jeanette Hoppy watched her son Kyle capture the state title. In 2011, she watched as her youngest son, Luke, attain the same feat. She said it was a blessing to be able to watch two of her sons, along with their childhood friends, capture a second state title.
“I felt blessed to be able to witness my sons finish high school with the ultimate memory of winning the state football championship,” said Hoppy.
Dave Goltz said the greatest part of sharing a state championship with his younger brothers, Peter and Austin, was that the two younger brothers got the experience the win together.
“I couldn’t be more proud of them,” said Dave. “I saw how much effort they’ve put in over the years starting with little loop and continuing through middle school and high school. Both Peter and Austin have so much determination and a strong will to win, so I knew they would do everything they could to help their team be successful. I’ve been looking forward to this past season since I played in high school. I never got the chance to play with one of my brothers, but I always wish I could have. For them to experience this accomplishment together, and for it be Peter’s senior year, was exactly how I had hoped it would be. I think it’s great that we can share that experience.”
Top 20 Orchard Park Sports Stories from 2011 | http://orchardparksports.com/category/top-stories-of-2011/ | 2013-05-18T10:40:56 | CC-MAIN-2013-20 | 1368696382261 | [
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Today's giveaway comes from Mitu Vintage, a fantastic vintage shop stocked full of vintage goodness. Up for grabs is this fantastic faux-ostrich purse, complete with jaguar head clasp. Amazing, right?
To Enter: Visit Mitu Vintage and leave a comment here with a link to your favorite item from the shop. For additional entries, follow the Mitu Vintage Blog or follow Mitu on Twitter!
Tiny print: This contest is open to US RESIDENTS ONLY. be sure to leave me an email address if you do not have a blog where I can easily reach you. Giveaway ends Tuesday July 5th at 10PM EST. Winner will be chosen at random using a random number generator.
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Thank you to everyone who entered the Bearcat Vintage Giveaway! the winner via random.org was comment #1:
Congrats lady!
86 comments:
Great giveaway and great shop!
I love the Daisy Buttercup Yellow Shirtwaist Dress:
Danielle
loveandlookpretty@gmail.com
loveandlookpretty.blogspot.com
I follow them on Twitter! Thanks!
@daniellevillano
loveandlookpretty@gmail.com
loveandlookpretty.blogspot.com
I "like" them on Facebook! As Danielle Villano and as my blog's page, Love and Look Pretty.
loveandlookpretty@gmail.com
loveandlookpretty.blogspot.com
what a cute bag!
my favorite item:
so cute!
XO,
SSDS
I've fallen in love with this:
xoxo, Kay
Kay-fiveaintbetterthanten.blogspot.com
Kswisbeast@yahoo.com
I love the pink lace "ADDIE" top! So cute!
-Chey
the oBITCHuaries
I also follow the Mitu Vintage blog!
-Chey
I just adore the daffodil yellow eyelet dress.
elisabeth.jw [ at ] gmail.com
I cannot decide between the 70s military coat or the seafoam bolero.
I think I'm going to go with the bolero. Absolutely lovely.
Connor K.
Oh I like the Vintage Gray Whale Pewter Long Necklace! So cute!
starstacey at gmail dot com
Following @theotherpocket
The Chinese lion necklace is very unique and cute!
I loooove this vintage skirt, the colors make me so happy!
I also followed Mitu on twitter - my twitter name is lexicola to verify.
What a great giveaway, the bag is amazing!
Love this necklace:
i like thanks!
Rory
rfgoaliegirl@gmail.com
Amazing!! I'm so excited I won!! My email is hopeshores[at]gmail[dot]com!!
-Hope
Although not sure if it would fit my waist, I LOVE the Vintage TORI Red Leather Gold Buckle Belt!
i love big buckles!
rwvanvoorhis at gmail dot com
I love love love the Vintage TORI Red Leather Gold Buckle Belt!
Beautiful! I love it all.
what a pretty purse!
My favorites in the shop are the
Creamy Beige dress
the purple & grey dress
& of course the leather handbag
(hard to choose just one : )
Following on Twitter & Bloglovin now too! (not sure if this is supposed to be a seperate comment for each). thanks for doing the giveway!
So cute! I love your blog, Julie. I found it this weekend while I was indoors recovering from heatstroke - blah! - and I read over a years' worth. Too cute - and I think I'm already dressing a little better. :)
My email is b glismann at gmail dot come.
Woops the link to my fave item didn't post.
I love these pumps, they are calling to me:
The Amy Dress is too cute! Big buttons are my weakness.
Following Katie on Twitter!
i love themustard yellow envelope purse!!! i NEED it in my life. :)
I also followed the Mitu Vintage blog...
I also followed Katie on twitter...
I actually adore this -
So much, I may have to go purchase it!
Also following on twitter as @iheartearlgrey
And am now following the blog through bloglovin.
xox
Amber
amberrosethomas@blogspot.com
Such a great giveaway! Would love that Sailor Dress in their shop!
amanda
ataxiadnama AT yahoo DOT com
I think this piece is so versatile.
I love the Olivia Strapless Red Floral Cocktail Dress, so summery!
I love the Vintage Hand Tooled Leather Handbag Purse
mirvine13@gmail.com
I love this dress:
ninarucker at gmail dot com
angela_jeon { a t} y ah o o { d o t} c o m
Love the Vintage Chinese Lion animal silver necklace!
Jhbalvin at gmail dot com
Following Mitu on twitter as jhitomi
Jhbalvin at gmail dot com
i love this dress
sammybigtoesure(at)gmail(dot)con
i follow mitu vintage on gfc
sammybigtoesure(at)gmail(dot)con
Pretty! I like the Susan maxi dress - great colors!
I just love the Vintage SUSAN Purple and Blue Sleeveless Maxi Dress!
marija.majerle at gmail dot com
following Mitu Vintage blog via GFC
marija.majerle at gmail dot com
following Mitu on twitter @mrsclutterbuck
marija.majerle at gmail dot com
Love this maxi dress:
Unfortunately, it wouldn't fit me. :(
melifaire AT gmail DOT com
I follow her on twitter!
I just started following her blog!
I love the Sidney vanilla cream blouse!
I'm loving this dress:
cabootique[at]live[dot]com
cute~! id definitely buy something like this!
pikapii6@aol.com
btw. following mitu vintage's blog via gfc. (:
pikapii@aol.com
My favorite is the EMMA Orange & Pink Sherbet dress, it's even my size!
Thank you for the giveaway :)
hurdler4eva(at)gmail(dot)com
I follow the Mitu Vintage blog publicly with google friend connect
Thank you for the giveaway :)
hurdler4eva(at)gmail(dot)com
My favorite item in the shop is this adorable yellow dress:
Lovelovelove!
Thanks for the chance!
Id love to have this dress
trustjesus7771 at yahoo dot com
I'm a sucker for nautical anything so I love this sailor dress!
Love love love this floral blazer. So cute and work appropriate for summer!
tlexx.tumblr.com
-Lexi
In love with this skirt:
My favorite is the Vintage Hand Tooled Leather Handbag! Thanks!
I love the Vintage DAISY Buttercup Yellow Shirtwaist Day Dress!
Lilyhoot at gmail dot com
I follow mitu on twitter, @slowclublover.
Lilyhoot at gmail dot com
Absolutely love this jacket!
I love the Vintage LOLA Daffodil Yellow Eyelet Dress! So happy!
I also follow them on twitter!
Great Giveaway and Blog! I love your finds! The girls have great style. Has anyone seen these? They are amazing! I wish they fit me. Someone must snag these.
Oh, I adore the Vintage EMMA Orange & Pink Sherbet Floral Sleeveless WiggleDress XS/Small.
omydarlingblog(at)gmail(dot)com
I like the mustard purse
emmamanndalynn@gmail.com
great giveaway! favorite item from the shop are the Vintage SANDY New Old Stock Brown Suede Oxford Shoes
xyoulovekarlene@gmail.com
honestly, i think the bag in the giveaway is rawrrr-vashing....
the whale necklace is fun too!
thanks for hosting!
e.a.sattin(at)gmail
i love maxi skirts:
Thanks :)
My favorite item is the Vintage Floral Tapestry Chain Handbag Purse
Cynthia.Richardson@azbar.org
I follow Mitu on Twitter @hofken
Cynthia.Richardson@azbar.org
I follow the Mitu Vintage Blog via GFC - Cynthia Richardson
Cynthia.Richardson@azbar.org
I really like the Vintage 60's Gold Leaf Whiskey Glass Barware Set of 4
redshadow1606@gmail.com
I follow on Twitter
redshadow1606@gmail.com
OBSESSED with that bag! So amazing.. Lots of great items in the shop too!
What a stunning coat. Thanks for the giveaway!! XOXO Jess
jessica.woodard@comcast.net
Followed on twitter!
jessica.woodard@comcast.net
This lovely bag is indescribable.
janninemaso@hotmail.com
i love this one!
jmmccarr@gmail.com
if ollow on twitter @jmmccarr
jmmccarr@gmail.com
What a gorgeous bag!
I love that Chinese guardian lion head pendant. It's quirky and unique, and I don't think a lot of people would have anything like it, which makes me want it even more. :) Thanks for the awesome giveaway!
samanthanyxwrites@yahoo.com
I love the Vintage EMMA Orange & Pink Sherbet Floral Sleeveless
Love this blog, and discovering the new ones! Thanks so much! Love the blue floral shift dress....and the idea for the belt too!
great!
boon1211atgmaildotcom | http://orchidgrey.blogspot.com/2011/06/mitu-vintage-giveaway.html?showComment=1309469688577 | 2013-05-18T10:41:14 | CC-MAIN-2013-20 | 1368696382261 | [
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"http://1.bp.blogspot.com/-jHuddYh7Tqs/TgvpscwiPII/AAAAAAAABPY/rRV9lPzQw5Y/s320/Untitled-1.jpg",
null
]
] |
.
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Beijing ICP No.07501398 | http://orderartwork.com/reproduction/Original_Reproduction109.htm | 2013-05-18T10:20:34 | CC-MAIN-2013-20 | 1368696382261 | [] |
On Wednesday evenings at my congregation’s meeting place, we share dinner and have a prayer service. The themes for this fall’s prayer times are a number of spiritual disciplines: beauty, being present, connections, enthusiasm, imagination, nurturing, openness, questing, vision, and yearning. Each week, one of the participants is asked to reflect and share on one of these disciplines. Last night, I shared some reflections about imagination.
Preparation for sharing tonight has really been a bit of a learning process for me. When I saw that we’d be considering “spiritual practices” this fall, I immediately thought of Richard Foster’s book, “Celebration of Discipline”. You may be familiar with the disciplines in that book – things like prayer, fasting, service, and worship. But the list for our Wednesday evening prayer series was different – the disciplines listed were things like beauty, connections, enthusiasm, and others – including my topic for tonight: imagination. Now – I’m sure that others have thought about these things before. For me, however, considering the list from a spiritual context was new. And so, I didn’t immediately respond to the email requesting our contributions.
Setting that aside for a moment, let’s take a little detour…
It was about a week after we received that list of practices when I came across an interesting photographic technique called ‘forced perspective’. The photographer places the subject matter within a photo in such a way that the viewer has to consider things from a certain (often odd) vantage point. It may be easier to understand the concept if you see the same images that I found to be interesting.
Well – I thought these were pretty cool, and I showed them to my daughters. The older two immediately “got it”. They understood what the photographer had to do – how all the people had to be positioned – and they wanted to try things out for themselves. So we spent one Saturday morning trying out different things. We had a lot of fun with this, and I decided to put them on my blog. (Note that these are actual photographs. I photoshopped the shadows slightly, but none of the subjects have been rearranged!)
At some point, the person who organizes our Wednesday services saw the entry and commented that this project might be construed as a spiritual discipline. That’s when something clicked for me, and I went back and looked at her list again in light of our little photographic exercise:
Beauty? Check.
Being present? Yes.
Enthusiasm? Imagination? Nurturing? Vision? They’re all there.
Eventually, I decided to consider imagination for this evening. Why is imagination a discipline to be nurtured? I came up with a couple answers.
First, I thought about how my girls got really excited about our little project and how nearly all of these spiritual practices were present as we did our work. And I thought about how Jesus was always linking the Kingdom of Heaven to the children around him. “For such is the kingdom of heaven.” Imagination helps us to approach God with child-like joy. Imagination makes us creative and helps us understand and appreciate God’s creativity. I think about God creating the animals and then bringing them to Adam to be named. Genesis chapter two is a tour de force in imaginative cooperation between God and Adam.
As a scientist, I feel a special affinity for this aspect of imagination. For one thing, biologists are still doing what Adam did – naming the creatures. My father is a biologist and has just retired from his teaching position after 38 years. Over the course of his career, he has named a few beetle-inhabiting mites. And in my own work, it takes a certain amount of imagination to design good experiments – to set things up in a way that will provide the desired answers.
The other spiritual dimension of imagination that I’ve considered in the last few days is its relationship to wisdom, especially when it is used to resolve conflicts. Most of us are probably familiar with the fight or flight response. When confronted with danger, we can choose to run or to get defensive. At least, that is what animals do. But I think that part of being human and part of living in the Kingdom of God is that we can choose a third option: transformation. The last option is hard, but imagination can make it much simpler.
Let me share just one example – in Mark 12, some people try to trap Jesus with a question….
Mark 12.13-17, NRSV
I wonder if a little imaginative wisdom will serve our congregation well in the coming months.
And this is where I’m going to stop, since (as I indicated) I’m still very much in the exploration stage of this spiritual practice. I’m looking forward to hearing your reflections in the coming weeks.
Pingback: Being born again: Connections « ordinary (mostly) | http://ordinarymostly.wordpress.com/2010/09/16/imagination-as-a-spiritual-discipline/ | 2013-05-18T10:12:10 | CC-MAIN-2013-20 | 1368696382261 | [] |
More Hellbender News
April 8, 2012
By Matt Peters
On March 3rd a group of eight intrepid activists conducted the Allegheny National Forest, Forest Watch Springs Tour, a survey of natural springs in the forest area where communities, campers and travelers have traditionally found this most precious of natural resources. The objective was locate ten of the total of seventy springs in the forest, and to test the water quality before shale gas drilling occurs in the area.
The group mapped eight springs with digital photos and GPS positioning data, and measured Total Dissolved Solids (TDS) with a handheld digital meter. Readings ranging from 11 to 46 parts per million (ppm) indicated “drinking water of exceptional quality” according to the calibrated scale, with most readings close to 20 ppm. “Although this meter does not measure some things that the fancy tests look for, this meter shows us that there is presently nothing in the water to threaten human health, we would be testing for pollutants that aren’t there according to this meter,” explained John Stoneman. “This represents an excellent standard of water quality, which is certain to be compromised or threatened as fracking moves in.”
With the establishment of these highly favorable initial TDS readings, the hikers enjoyed deep drafts of the spring water, followed by forays into nearby woods to follow up on observations. Many of the springs had old stone works, iron pipes, and other elements that clearly showed evidence of more than a century of use. The moss around all the springs was rich and luxurious, so much green in a landscape brown with winter. Populations of watercress were found in more than one site, its strong flavor balanced with the abundant teaberries found nearby. Winter food?
One of the eight located springs was near recently observed habitat of the Synchronous Firefly, Photinus Carolinus. The a USFS Allegheny Resource Advisory Committee (RAC) has funded a study to document this new species. ADP is recruiting volunteers to participate in this summer’s study.
There are a total of seventy recorded springs to be visited, verified and tested quarterly/seasonally. The map and inventory will be part of the baseline data as further testing is done by a third-party contractor and PA-DEP Certified Laboratory.
Volunteers are sought to help with all aspects of this Potable Water Survey Project, from volunteering to visit springs with a legal witness and a GPS, to efforts to pressure the federal Forest Service and gas companies to fund these necessary studies. Interested folks can contact Cathy Pedler, ADP Forest Watch Coordinator and Erie Group Sierra Club Public Lands Action Team chair, for more information email cpedler@alleghenydefense.org or phone 814-454-7523.
Further development of the Potable Water Survey Project will take place at the upcoming Heartwood Forest Council, held this May Memorial Day Weekend in the Allegheny National Forest.
Support the Forest:
Look for us: | http://org2.democracyinaction.org/o/6155/p/salsa/web/common/public/content?content_item_KEY=9986 | 2013-05-18T10:32:03 | CC-MAIN-2013-20 | 1368696382261 | [] |
The tax man cometh, and cometh soon!.!
Try these ideas to manage different types of paper pile-ups in the home: | http://organizedhome.com/print/time-money/paper-chase-abc-household-paper-management | 2013-05-18T10:32:27 | CC-MAIN-2013-20 | 1368696382261 | [] |
Are you gluten-free? Here’s a quick and easy treat for you. Even the non gluten-free ones will love it! Be prepared for a sugar rush.
1 package gluten-free graham crackers (or 24 crackers)
3/4 cup unsalted butter
3/4 cup brown sugar
1/2 -1 cup toasted sliced almonds
Preheat oven to 350 degrees.Lightly grease a cookie sheet (or use parchment paper).
In a saucepan, melt butter over medium heat. Whisk in brown sugar until combined well, but not boiling. Remove from heat and stir in almonds.
Spread mixture over graham crackers.
Bake for 8-10 minutes (until top mixture is boiling). Let cool and trim bars of excess mixture. Store in an airtight container.
Enjoy! | http://organizeyourstuffnow.com/wordpress/glutenfree-almond-crunch-bars | 2013-05-18T10:31:55 | CC-MAIN-2013-20 | 1368696382261 | [] |
The Vampire Diaries "Friday Night Bites" Quotes
Stefan: Katherine is dead. And you hate me because you loved her.... and that, my brother, is your humanity.
• Rating: 4.4 / 5.0
Elena [to Damon]: Let's get one thing straight: I am not Katherine.
• Rating: 4.3 / 5.0
Elena: Some things could matter again.
Damon: Maybe. But it seems a little unrealistic to me.
• Rating: 5.0 / 5.0
Stefan: Salem witches are a great example of individualism and non conformity.
• Rating: 4.0 / 5.0
Damon [on Stefan's journal]: Very Emerson, the way you reveal your soul. So many... adjectives.
• Rating: 4.7 / 5.0
Elena: There's more to me than just gloomy grave yard girl.
• Rating: 4.0 / 5.0
Bonnie: I touched Stefan and I got a really bad feeling.
• Rating: 3.0 / 5.0
Stefan: I've played football before. Wide receiver mostly, I'm pretty good.
• Rating: 1.0 / 5.0
Caroline: I got the other brother. Hope you don't mind.
• Rating: 3.8 / 5.0
Tyler: Football is a contact sport. Sometimes, people get hurt.
• Rating: 1.0 / 5.0
Are we missing your favorite quote from "Friday Night Bites?" Submit it here and get points for adding quotes!
Total Quotes: 12 | http://origin.tvfanatic.com/quotes/shows/the-vampire-diaries/episodes/friday-night-bites/ | 2013-05-18T11:03:02 | CC-MAIN-2013-20 | 1368696382261 | [
[
"http://static.tvfanatic.com/images/gallery/like-normal.jpg",
null
]
] |
Rosenthal Tweets:
One rival exec expects #Orioles to talk about LHP Zach Britton in trades later in spring. Orioles’ surplus well-documented. Arrieta too.
9:40 p.m. Fri, Feb 22
OriolesRedskins28 wrote:I'm predicting at least one of those two are traded by July 31st.
Rising O's wrote:O's might be a little thin heading into next year for starting pitching.
ofahn wrote:
Are you taking into consideration that Bundy and Gausman should both be ready by then?
Chen is signed through next year and then it's pick four of Tillman, Gonzales, Arrieta, Matusz, Britton, Bundy, and Gausman; and that's before you start considering the possibility that BOBBY Bundy and Mike Wright might be ready.
Old Sneakers wrote:Good Post~ A point for you sir!
Old Sneakers wrote:It's easy to forget that there is more pitching beyond Bundy and Gausman in the minors.
Old Sneakers wrote:Also, when talking about moving our own pitchers another team may part with a prospect that needs more seasoning in exchange for a guy that is in the majors now. I would feel better about that then landing a utility player.
mikezpen wrote:I think the guy they'd likely move in July is Hammel because he's a FA after this year.They seem reluctant to trade the young pitchers.
On the other hand, if they're in the race then, and Hammel's really pitching well, they'd probably keep him in hopes of winning big in post season.
Return to Baltimore Orioles
Users browsing this forum: No registered users and 11 guests | http://orioles-nation.com/forums/viewtopic.php?f=1&t=1896 | 2013-05-18T11:03:36 | CC-MAIN-2013-20 | 1368696382261 | [] |
Pilot Episode of Sports Illustrated Airs Tuesday, July 24th at 9:00 p.m.
Frederick, MD – Frederick Keys right-handed pitcher Dylan Bundy will be featured in the pilot episode of NBC Sports Network’s new program, Sports Illustrated, which will air on NBC Sports Network Tuesday, July 24th at 9:00 p.m. eastern time.
Below is a release from NBC Sports:
The premiere episode of Sports Illustrated presented by Lexus is set for tomorrow at 9pm on NBC Sports Network. The first show will feature stories on Jackson's Gym, which has produced some of MMA's biggest stars, a look at the development of Orioles pitching prospect Dylan Bundy, and an impromptu scrimmage before the Olympics pitting Michael Jordon's team against Magic Johnson's dubbed The Greatest Game Nobody Saw.
always great to see Orioles players get some love. | http://orioles-nation.com/forums/viewtopic.php?f=2&t=1208&p=11384 | 2013-05-18T10:53:06 | CC-MAIN-2013-20 | 1368696382261 | [] |
ofahn wrote:I had directed that to Shorebirdfan. Maybe "Scotty" should beam you "down the shore" more often.
Sorry, I had missed this question, and oh LOL. (Beam you down)
Delmonico to this point has only played 1B and 2B. The glove has been a little better at 1B overall, but I thought over time he'd get better at 2B as his struggles there came alot on turning DP's. To me the concern is that his bat isn't really what you are looking for at 1B. Not enough of a HR threat.
Do want to point out again that since his return from the DL Delmonico has played only 1B after playing 2B almost exclusively for about a month. | http://orioles-nation.com/forums/viewtopic.php?p=10731 | 2013-05-18T10:53:45 | CC-MAIN-2013-20 | 1368696382261 | [] |
Eparchy of Astana and Almaty
Latest revision as of 13:59, August 24, 2012
The Eparchy of Astana and Almaty (Mogilev) of Astana and Almaty (2010-present)
- Bishop Gennadius (Gogolev) of Kaskelen, Auxiliary (2010-present)
- Methodius (Nemtsov) 2003 - 2010
Past Hierarchs
- Nicholas (Mogilevsky) of Alma-ata and Kazakhstan 1945 - 1955 | http://orthodoxwiki.org/index.php?title=Eparchy_of_Astana_and_Almaty&diff=110582&oldid=100544 | 2013-05-18T10:24:26 | CC-MAIN-2013-20 | 1368696382261 | [] |
User talk:ASDamick/Archive 1.) | http://orthodoxwiki.org/index.php?title=User_talk:ASDamick/Archive_1&redirect=no | 2013-05-18T10:33:41 | CC-MAIN-2013-20 | 1368696382261 | [] |
Ben:
Have you checked if the BIOS on the super micro machine is the latest
and greatest. I have had interrupt routing issues very similar to the
one you are describing due to a BIOS Interrupt Routing issue. Moving
to newer BIOS fixed it.
ganesh.
On 3/24/05, Ben Greear <greearb@xxxxxxxxxxxxxxx> wrote:
> Lennert Buytenhek wrote:
> >.?
>
> I was able to reproduce the problem even when the 4-port e1000 NIC
> is plugged directly into the motherboard, so it's not the
> riser...
>
> I also tried with a 4-port VIA-Rhine NIC (router-board 44). It also
> fails it's third interface, with the same problem. So, it is not
> the e1000 NIC nor the e1000 driver that is the problem.
>
> I do notice that it is the same interrupt (26) that is always assigned
> to the broken port. I have the lspci and dmesg output for the via-rhine
> boot if anyone wants it...
>
> Ben
>
> --
> Ben Greear <greearb@xxxxxxxxxxxxxxx>
> Candela Technologies Inc
>
> | http://oss.sgi.com/projects/netdev/archive/2005-04/msg01692.html | 2013-05-18T10:22:36 | CC-MAIN-2013-20 | 1368696382261 | [] |
Every day we benefit from living near the Hudson River – we benefit from its beauty, its wildlife, its recreational uses, its inspiration. The Riverkeeper Sweep is one day to give back. On June 2, volunteers are organizing cleanups and other service projects throughout Hudson River region. Use our interactive map to find a local Sweep, and register now for a cleanup in your community! party is free, food will be for sale, and some activities will be for members only. Come early at 3 p.m. for river seining, and stay for the party from 4-7 p | http://ossining.patch.com/groups/giving/p/ev--riverkeeper-sweep-party | 2013-05-18T11:02:13 | CC-MAIN-2013-20 | 1368696382261 | [] |
Personal injury involves any injury to an individual. This area of law allows an injured person to sue in a private action called a civil action. Any accident or injury against a person can constitute a Personal injury case—whether it is in a motor vehicle accident, a slip and fall, dog bit, or negligence of a professional. Different degrees of fault exist and several elements are necessary to prove in court, in order to be successful against the wrongdoer or negligent party in a tort action. In addition,. Minnesota personal injury attorneys like Osterbauer Law Firm can help you understand your rights.
Bodily Injury
This is the claim that is made against the at fault driver or responsible party. This claim is primarily for pain and suffering, wage loss, and additional medical bills. In order to have a Bodily Injury Claim, you have to reach a threshold. You need to have either $4,000 in medical bills, a 60 day disability, or a permanent injury.
No Fault
By law in Minnesota, everyone must have insurance on their vehicle. Part of the coverage is No-Fault. There is No-Fault coverage regardless if you were at fault for the accident or not. There is $20,000 in medical coverage and an additional $20,000 in wage loss and replacement services coverage. This coverage is usually provided by your own insurance company, regardless of fault.
Common Personal Injury Claims
There can be lot of other personal injury claims including dog bites, assaults, or any other sort of negligence claim. In these matters, we have to prove that the at fault party was more at fault than you were.Car Accident Injuries.
- Wrongful Death
- Car Accident Injuries
- Truck Accident Injuries
- Slip and Fall Injuries
- Motorcycle Injuries
- Bicycle Accident Injuries
- Pedestrian Accident Injuries
- Bus Accident Injuries
- Dog Bite Injuries
If you or a member of your family has suffered a serious personal injury in an accident or due to the negligence of others and you would like an experienced lawyer to review your case, please contact our Twin Cities law office to arrange a free consultation. | http://osterbauerlawfirm.com/minnesota-personal-injury-attorneys/ | 2013-05-18T10:53:26 | CC-MAIN-2013-20 | 1368696382261 | [] |
Beatmap Pack Listing
READ THIS BEFORE DOWNLOADINGInstallation: Once a pack has been downloaded, extract the .rar into your osu! Songs directory. All songs are still .zip'd and/or .osz'd inside the pack, so osu! will need to extract the beatmaps itself the next time you go into Play mode. Do NOT extract the zip's/osz's yourself, or the beatmaps will display incorrectly in osu and will not function properly.. | http://osu.ppy.sh/p/packlist/?n=S125 | 2013-05-18T10:31:37 | CC-MAIN-2013-20 | 1368696382261 | [] |
9088 : Mantis login_select_proj_page.php onclick Parameter XSS
Printer | |
| Edit Vulnerability
Mantis contains a flaw that allows a remote cross site scripting attack. This flaw exists because the application does not validate the "ref" variable upon submission to the login_select_proj_page.php script. This could allow a user to create a specially crafted URL that would execute arbitrary code in a user's browser within the trust relationship between the browser and the server, leading to a loss of integrity.
Upgrade to version 0.19.0a2 (Alpha) or higher, as it has been reported to fix this vulnerability. An upgrade is required as there are no known workarounds.
CVSSv2 Base Score = 4.3
Source: nvd.nist.gov
| Generated: 2005-05 | http://osvdb.org/9088 | 2013-05-18T10:41:47 | CC-MAIN-2013-20 | 1368696382261 | [] |
Today did not go as well as last time. My Practicum teacher, Ms. Patapow, just got back today from being out sick for two days, and she was consequently in a bad mood. I therefore did not receive the warm welcoming that I did last time. Additionally, I had an uncomfortable experience in the restroom. I was in a stall when approximately five students entered the restroom, and one of them told me to get out of the stall and show my face before he came in himself. I left the stall not too long after and was insulted before leaving the restroom.
Other than that, though, I would say that the day went moderately well. Ms. Patapow had me file graded papers, and I also even had the opportunity to grade quizzes. As I have said before, I won’t be observing an English class every other week, because Corcoran uses a Block Schedule, so every other week, I will be doing what I did today, which is talking to/helping the teacher and sitting in on a study hall. Next Wednesday will be the first time that I actually observe an English class.
Recent Comments | http://oswego.edu/student/blogs/2010/03/25/second-day-of-practicum/ | 2013-05-18T11:02:14 | CC-MAIN-2013-20 | 1368696382261 | [] |
We’ve been lucky enough to have some actually sunny days lately, it feels so magical! It also makes me think about what summer means to me. Summers as a child were filled with so many wonderful memories, and I want to help my girls also have wonderful memories. While I can’t take them to Cape Cod every summer, I can recreate some of my favorite things, and help them find favorites, too.
Gazpacho is the perfect summer food, it’s fresh and delicious, and will never heat up the kitchen! As a bonus, it can include cilantro and avocado, two of summer’s best foods.
Summer is for deciding one day you are going to do something (like catch a squirrel), and then devote several days to accomplishing that thing. My older girls spent 2 days trying to catch a squirrel. That time included researching squirrels, figuring out the best way to build a trap, determining the best bait, and sitting quietly waiting for a squirrel.
Eating lobster rolls out on the deck. Lobster rolls are an integral part of summer for me, and while it’s wonderful, it hasn’t been quite the same with lobster salad. So the most recent time I bought lobster salad, I put it on top of toasted gluten-free, dairy-free english muffins from Trader Joe’s. Yum! It worked beautifully. And yes, lobster rolls (like lobster itself) should be eaten outside whenever possible.
Part of summer is the local Arts Festival. Some of that means looking at amazing sculpture, crafts, “mixed media”, photography, painting, etc. But some of it means the Street Festival, which includes waiting in long lines for balloon animals. I have to say that this time it was worth it – this guy was great! Check out LG’s “hot dog dog” that even has a “hot dog” part on top of the blue wiener dog!
What’s a summer festival without face paint? Of course BG got a butterfly across her face (her theme lately has been butterflies), MG got a little rainbow on her cheek, and LG got a puppy dog face, which ended up looking a lot like freckles. The great thing about the Arts Festival’s Street Festival is that all this stuff was free! So not only did we have a ton of fun and get a bunch of exercise wandering around town for a few hours, but we also did it all without spending a penny!
Summer is also for being silly. Which means that it’s ok to be the Mama Dragon, and be running around in a people-as-puppets play in the middle of the street! In the summer you can’t take yourself too seriously – it’s vital to get your wiggles out and get your sillies out too.
I don’t have pictures of the Fireworks or the amazing lobster on the boat picnic before fireworks, but I count those as must-have summer events too. Along with beach days. And if the weather would just cooperate, we could have some more beach days to make even more summer memories!
[...] it is very important that you dance even if not like an excellent dancer but just a little bit. Welcome to Summer! – ourgaggleofgirls.com 07/11/2009 We’ve been lucky enough to have some actually sunny days [...] | http://ourgaggleofgirls.com/agog/2009/07/11/welcome-to-summer/ | 2013-05-18T10:41:21 | CC-MAIN-2013-20 | 1368696382261 | [] |
Archive
One Minute More
May 17th, 2013 | by
Kelly was a nurse who had spent her career working with fragile, sick children in the NICU, and in pediatric home health. She was married to her husband of six years, and nearly done with a nurse practitioner degree. She hoped that once she finished her degree, they would start the process to build their family through adoption.
And then her husband came home one day and dropped the bomb. He was not in love with her anymore and wanted a divorce. He had met someone while traveling out of state, and wanted to enjoy the carefree bachelor days she had “robbed” from him when they met in their younger days. He then left to fly back out of state to resume the single lifestyle he had been craving.
To say she was devastated would be an understatement. She says, “Because I loved him so much it felt like my entire world had been thrown into a blender and I could see no way out.” She felt hopeless and suicidal. These feelings brought her to the hospital, but in lieu of admission, the psychiatrist allowed her to go home, as long as she was supervised 24/7 by friends or family, and as long as she attended the partial hospitalization program that met all day, five days a week. Surrounded by family and friends to support her, Kelly also was helped by the intensive therapy support in the program. She had sessions with the psychiatrist, individual counseling, group therapy, and occupational therapy to work on goal-setting and coping skills.
A caregiver her entire life, Kelly had a difficult time at first giving herself the nurturing that she had always lavished on sick children. Just as if she had a serious medical illness, Kelly had to take time off from work and school to focus on her emotional healing. Shortly after starting the program, and during a time when she still felt suicidal thoughts on a daily basis, she found an abandoned pit bull puppy while walking with a friend. She decided to rescue the abandoned puppy, and as it turns out that puppy rescued her instead. She gave her dog a middle name, Clarence, after the angel that saves George Bailey from suicide in “It’s A Wonderful Life.”
With the professional help, help from loved ones, and from her beloved dog, Kelly was slowly able to envision a new life for herself. With a lot of encouragement, she finished her last class to complete her degree. A year later, despite the fact that she is now divorced, she is happy again. She says, “More than 100 friends and family gave me encouragement to battle my demons and depression and decide to keep living one minute more. Minute by minute, it has now been over a year. I don’t live by minutes anymore.”
According to the CDC, almost 4% of the US population reports suicidal thoughts in the past year. Depression, and the suicidal thoughts that may accompany it, can happen to anyone. If you have suicidal thoughts, you can call the National Suicide Prevention Lifeline, 911, or go to the nearest emergency department.
Article Tagsdepression • divorce • health care • help • mental health • nurse • nursing • suicide
‘Spring’ into Wellness
Mar 18th, 2013 | by
As soon as the weather warms up, people head outdoors. Whether it’s doing yard work, cleaning out the garage, taking a bike ride or walking the dog, there’s something about those first few days of spring that helps us all get moving, especially after the winter we’ve had this year. And there are quick and easy ways you can add activity to your daily routine.
Here are five tips to help you and your family ‘spring’ into wellness:
1. Buy a pedometer.
Wear it every day to count the number of steps you walk/run. Did you know it’s recommended that we take 10,000 steps per day? That’s a lot more than you realize. By wearing a pedometer, you may find that you have a little more motivation to take the stairs instead of the elevator or to park a little farther out at the grocery store than you normally would. Most pedometers are very affordable and range in price from $10 to $30 depending on the model and features.
2. Drink plenty of water.
How much water should you drink every day? Take your total weight and divide it by two. That’s the number of ounces you should be drinking per day. For example, if you are male that weighs 184 pounds, you should be drinking 92 ounces of water a day. That’s 11 1/2 eight ounces of water. Water makes up 60% of your body weight and is important for your body to function – flush toxins out of organs, carry nutrients to your cells and provide a moist environment for ear, nose and throat tissues. Doctors recommend that an average, healthy adult drink at least 8 – 9 cups (8 oz) of water each day. If you’re concerned about your fluid intake, check with your doctor.
3. Make time for fun and relaxation.
We all live very busy lives. Trying to balance work, raising kids, volunteering, paying bills, attending events and doctor appointments can certainly be challenging. However, if you regularly make time to have fun and relax, you’ll be in a better place to handle stress.
- Set aside relaxation time. This is your time to take a break from all responsibilities and recharge your batteries.
- Connect with others. Spend time with positive people who enhance your life.
- Do something you enjoy every day. Make time for activities that make you happy – taking photographs, playing an instrument, or working out.
- Keep your sense of humor. This includes the ability to laugh at yourself. Laughing helps your body fight stress in a number of ways.
4. Get more sleep.
Lack of sleep means your body is working extra hard to do its everyday jobs. If you feel like you need to consume extra sugars and caffeinated drinks to make it through your day, you may not be getting enough sleep. Getting seven to eight hours of sleep every night is best for a healthy, active lifestyle.
5. Visit your doctor regularly.
Most people only go to the doctor when something is wrong, but it’s very important to see your doctor at least once a year, whether you’re sick or not. Preventive care can help detect warning signs of heart disease, cancer and stroke – three of the biggest threats to your health.
Resources: Mayo Clinic, Humana, WebMD
Article Tagsactive • activity • CareSource • exercise • family • get moving • health and wellness • sleep • spring • stress • tips • water • wellness
Employees Step Up to Help Ohio Kids
Dec 31st, 2012 | by
As part of our annual employee Holiday Giving Tree, we recently coordinated the donation of more than 1,000 shoes and socks to three Ohio non-profits – Shoes 4 the Shoeless in Dayton, YWCA Emergency Shelter in Columbus and Shoes and Clothes for Kids in Cleveland.
According to our Foundation Director, Cathy Ponitz, “Our employees are some of the most giving individuals I have ever seen. Whenever we identify a need, they always step up to help. This is an amazing accomplishment—especially at such a busy time of year.”
A majority of low-income and homeless children in Ohio do not have shoes that properly fit. Many are well-worn and provide insufficient protection from the weather.
Kris Horlacher, Executive Director of Shoes 4 the Shoeless explains, “Most people have no idea that this need even exists. In fact, they are shocked. Not only do we constantly see kids that don’t have the proper shoes to protect them from the weather, but we also see the unnecessary physical and emotional distress that is brought on from wearing socks and shoes that don’t fit or are not fit to wear. Our goal is simple, to provide new gym shoes and socks to children in desperate need. Organizations like CareSource help us do just that.”
Since 2010, approximately 11,000 Dayton area children have received new gym shoes and socks from Shoes 4 the Shoeless.
Earlier this year Shoes 4 the Shoeless was the recipient of a $10,000 grant through the CareSource Foundation’s People’s Choice Grants program. Each quarter, the Foundation contributes $10,000 to one nonprofit organization that is nominated and voted on by CareSource employees.
Thank you to all of our employees for helping such a worthy cause and making a difference every day. Have a blessed 2013.
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What’s In Your Lunch Box?
Nov 12th, 2012 | by
With all the hubbub on the Internet lately about Honey Boo Boo and her rather interesting diet (Mountain Dew for a young child?), it begs the question- what should children be eating throughout the day?
Children’s nutritional needs will change as they grow, but it is always important to emphasize fresh, whole foods no matter what the age. You can go to the American Heart Association’s website to learn exactly what your child should be eating, depending on age and whether they are a girl or a boy.
How do you know if your child is at a healthy weight? Try one of these calculators to find where they land on the growth charts. You can bring the results to your child’s pediatrician if you have concerns.
What exactly does a day’s worth of meals look like for a preschooler?
Half a cup with whole grain cereal with milk and a piece of fruit.
Whole grain bread with meat, cheese, or nut butter, fresh veggies, yogurt with fruit, a piece of fresh fruit, and optional treat. Children do not need sweet treats every day.
Sorry Honey Boo Boo, but water or low-fat milk is the preferred beverage. It is better to eat fresh fruits rather than juices. If your children do not like plain water, try putting a slice of fruit or homemade flavored ice cubes in their water.
Fruit is a perfect snack. So are fresh veggies, for that matter!
Dinner is a palm-sized amount of meat or beans, a one-half to one cup serving of vegetables, and a couple ounces of whole grains. (Pictured above, turkey breast roasted in apple cider and stuffing made of wheat bread and apples.)
If you need more ideas for meal plans, you can go to Choose My Plate. For snack ideas, try 100 Days of Real Food. Don’t forget, fresh foods don’t necessarily mean lots of preparation time! Apples and bananas are nature’s original convenience foods.
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Thriller
Nov 2nd, 2012 | by
Every quarter, we hold All Staff meetings to provide news and updates to our employees. Our most recent meeting was one to remember. To kick it off - in the spirit of Halloween - 20 of our employees volunteered to do the Thriller dance to open the meeting. Our internal communications team held weekly rehearsals to get them ready, but they had to keep it a secret until October 31. It was a huge undertaking.
The crowd cheered with suprise as they entered the stage. People are still talking about it and now want to do a “jig” at every All Staff. CareSource is certainly a great place to work.
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Busy Families: Have a Plan
Sep 11th, 2012 | by
By Jennifer Dozer - busy wife, mother and RN
The start of the school year often means the start of school-year stress for busy families. To families already overwhelmed with the usual chaos that comes from one or both parents working, adding homework, sports practices, and other activities into the mix can cause unwanted stress.
The American Academy of Pediatrics recommends that families establish a daily routine. Having a routine helps children feel safe, teaches self-discipline, and helps parents avoid the stress of rushed mornings and forgotten homework.
The internet is a treasure-trove of ideas for the organizationally-challenged. Popular blogs and social networking sites such as Pinterest are full of tips both for establishing personal routines that suit your family, and plotting out ways to organize your home.
Not sure where to get started? Here are a few tips:
- Establish a Command Center. A command center is a single place in your home- in your kitchen, office, or
entryway- that meets your daily organizational needs. What should you keep in your command center? Homework folders, bills that need mailing, keys, phones, chore charts, calendars, and menu plans are typical command center must-haves. Papers that otherwise would get piled on tables should have a home here. There should be only one answer to the questions “Where is it?”, “When is it?”, “What am I supposed to do?”, and “What’s for dinner?” Go to the Command Center.
- Make a Meal Plan. Having a plan ahead of time can help you avoid last-minute fast food runs and wasted time scrambling to figure out dinner. It can also help you save money! If you find you don’t have much time for cooking on weeknights, consider spending a few hours on the weekend creating freezer meals, or becoming adept at using a slow cooker.
- Keep a Family Calendar. Google makes it easy to keep a paper-free shared calendar online, and will automatically send a reminder email to your Gmail account. Setting up an account is free. If you have a smartphone, you can download the Gmail app, and get reminders directly to your phone! If you prefer to keep a calendar in your command center, you can often download and print free calendar pages for a family binder, or use a simple chalkboard or dry erase board.
- Be Prepared. If you need something the next day, be sure to prepare it the night before. Make sure homework is done, papers have been signed, and lunches and book bags are packed. Need some healthy school lunch ideas? Try here.
- Build Your Family Routine. Sit down and spend a few minutes thinking about what your family needs to accomplish before and after school, then devise a routine to help make it happen. Help your children gain some independence by delegating age appropriate tasks to them. You can post your family’s routines and chore charts in your command center or keep track of completed tasks in a family binder.
Follow CareSource on Pinterest to check out our boards. We’ve pinned plenty of tips to help get you started on a smooth transition to the school year.
Helpful Pins
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Everyone Has a Story
Aug 29th, 2012 | by
By Elizabeth Stevens and Daniell Ross, CareSource Interns
This summer during our internship, CareSource University hosted the Poverty Simulation to help employees better understand the realities of poverty. Here are a few testimonials from the interns who were able to catch a glimpse of the challenges and heartbreak that some of our members experience daily.
Elizabeth:
“The most frustrating part of the simulation was adjusting to a new role. Before the simulation started, I was a 21 year old college senior with zero debt and a roadmap for my future success. Suddenly, I had to assume an entirely different identity. My character was a 30 year old father/husband with a 10 year son and a baby on the way. I didn’t have a car and couldn’t afford a bus pass, so I had to walk everywhere. I spent a lot of time at work and a lot of time figuring out which resources I needed and how to obtain them. Weeks flew by, and my family’s finances didn’t improve at all. In fact, by the end, we still owed hundreds of dollars in loans and were unable to buy enough food to feed our child.”
Daniell:
“The most eye opening part of the simulation was the aspect of looking at something from the inside versus the outside. From the outside my character was stealing money, not going to school, and leaving my little brother home alone. Because of the stereotypes society has built, many people probably thought I was stealing the money to go buy drugs, that I was a dead beat, and that I was irresponsible with my little brother. However, from the inside my family was stretched thin on money and every cent I stole went to help my mom with her health care and other bills. I didn’t go to school but I would drop my little brother off and go try and find a job. And I left my brother home alone because it was safer for him to be locked home working on his school work then outside where something could happen to him. I’ve learned you can’t be quick to judge, and you really need to have compassion. You never know what someone else is going through – everyone has a story.”
Lauren:
“I volunteered as a grocery store owner. Throughout the simulation I struggled with my role because I wanted to help people any way I could. I found myself overpaying employees and donating extra money and groceries to families. However, about half way through the simulation I became frustrated because of how poorly customers were treating me. I found it very difficult to stay positive, and it was evident in the quality of my customer service. I learned that with a little bit of empathy and a smile, you can make a positive impact.”
CareSource, in collaboration with Think Tank Inc., offers “A Poverty Simulation,” to help employees and community leaders better understand the realities of poverty that our more than 900,000 members face daily. For more information, contact Karin VanZandt, CEO at Think Tank.
Article TagsCareSource • challenge • heartbreak • money • poverty • simulation • stereotype • story
So Many Questions
Aug 13th, 2012 | by
By Jennifer Dozer, RN, Patient Care Coordinator, Behavioral Health
With all the recent news stories about shootings and speculations about whether the alleged gunmen were psychiatrically ill, I’ve had quite a few people say to me, “I’m sure you’re glad you don’t work that job doing home visits anymore – somebody might try to kill you!”
After a few years in group homes and a few years doing home visits with folks who have behavioral health issues, I can honestly say I feared no two things more than bedbugs and drug dealers. Well, maybe lice- my hair used to be down to my waist, after all.
Now, I won’t speculate on whether or not I think an alleged gunman had a psychotic disorder. If I gathered all the tiny bits of information from the news- absent the actual acts – and tried to determine if any of the men met hospital admission criteria right before the events happened, I’d have to stamp that file “insufficient information” and go calling around trying to find more. No judgments will be made here.
What the general public is asking itself now is this:
Aren’t people with psychiatric illness threats?
That’s an easy question to answer. Most violent crimes are not committed by people with a serious mental health diagnosis. Just like in the general population, having an addiction – cocaine, methamphetamines, or the new bath salts – as well as a serious mental health condition is more associated with violence than a mental health diagnosis by itself.
Those of us who have worked in the trenches generally have an interesting story or two about something that happened when a family member or patient became very ill, as we are in frequent contact with the most seriously ill in our communities. The only time I felt my life was in danger, however, was when a drug dealer in a neighborhood broke in through a window while I was visiting a client, threatening both of us. It was another client, the lady next door who had schizophrenia, who called 911 to summon the police. We both made it out alive and unhurt.
There are a few circumstances when hospitalization is necessary because symptoms are severe enough to override judgment and safety.
How could you tell if someone’s behavior actually requires intervention? Here’s a brief checklist:
- First and foremost, are they actually threatening harm to themselves or others? Always take such statements seriously. Don’t be afraid to call the police, who can take them to the hospital to be evaluated. In Ohio, a psychiatrist can put a 72-hour hold on someone suspected to be a danger to themselves or others. Let the professionals decide whether a threat is real or not.
- Keep an eye out for friends and family, especially if you already know they struggle with an illness. If they withdraw suddenly, or have another change from normal behavior, check on them.
- Are they afraid, or thinking someone is out to get them or poisoning their food? Are they becoming aggressive towards other because of this fear?
- Have their hallucinations gone beyond just being present, to actually commanding them to harm themselves or others?
The most important thing to remember, is that your neighbor, or cousin, or brother is most likely not a threat to you, but instead needs your support. Stigmatizing people with mental health issues as violent only makes them less likely to seek treatment.
Article Tags
You’re Good, If….
Jun 27th, 2012 | by
By Jennifer Dozer, Behavioral Health
The other week I caught myself bragging, “I’ve spent 48 hours of my life in labor, but didn’t feel I needed any pain medications.” Of course, both births ended up with c-sections, but there was no brag that I didn’t need any medication after those surgeries. Pass the pain medication please!
There is a common sentiment that one is better or stronger for not taking any medications. We value independence and autonomy. Needing help of any kind, even to ease severe pain, is not something we like to admit. There is a stigma attached to this. With neurobiological disorders such as schizophrenia and bipolar disorder, this is especially true.
When I was in 5th grade, we spent one semester in gym class trying to climb a huge rope that hung from the ceiling. Touching the ceiling meant you got an “A”, making it three-quarters of the way up got you a “B”, making it half-way got you a “C”, and wrapping your arms and legs around the rope and hanging on for dear life for 30 seconds meant you squeaked by with a “D”. Touching the mat before that 30 seconds was up was instant failure.
Being the puny bookish type that preferred frequenting Star Trek conventions, I did not have a prayer of ever reaching the top of that rope. What fifth-grader lifts weights, after all? My natural abilities earned me a “D”, and just barely.
If I had had help, say, a small cherry-picker, a ladder, or a human pyramid of cheerleaders, I could have reached the top. I probably could have somewhat improved my natural abilities through weight-lifting and practice, but doubt I could ever reach the top without a major intervention.
If it’s unfair to do this to kids, why do we do this as adults? Don’t we all deserve an “A” in Life?
This is why I felt so bad, once I noticed I was starting to brag about not needing pain relief. For all I knew, the person I was talking to could have secretly had a health condition that required lifelong daily medication to control. Maybe they were undergoing cancer treatment and needed nausea medications to live through the side effects of treatment. Was I inadvertently reinforcing the stigma of needing medication and, in essence, shaming them for something they could not control?
The really absurd thing, though, is that I have chronic autoimmune disease that requires daily medication to be the best wife/mother/employee that I can be, unencumbered by excessive pain.
I really ought to have known better than to utter such words. As a behavioral health nurse, I have spent a lot of time working against the stigma of taking daily medications. Our thoughts, our emotions, and our relationships with others are right at the core of our beings. It can be deeply uncomfortable to admit to anyone we need a hand up to reach our fullest potential.
Stigmatizing thoughts almost always begin with “You are good, if…” Isn’t it time, then, that we stop bragging about how strong we are if we do without, and start bragging about how strong we are, period. No qualifiers needed. | http://ourhealthcaresource.com/category/uncategorized/ | 2013-05-18T10:30:42 | CC-MAIN-2013-20 | 1368696382261 | [
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Chicken with Mustard Cream Sauce
*Photo Updated October 2012*
Inspiration: Learning to love mustard is one of my culinary projects right now. There’s always something out there that you’ve never had a taste for, have never quite appreciated, or have never even tried, right? I’ve been working on brown mustard for several months now, and I’m happy to say that I’m finally beginning to identify it as a food that I enjoy. The true test? Cooking with it and using it as a main ingredient, versus dolloping a touch on a slice of cheese or sausage.
What We Loved: I was more than hesitant to eat this meal. I knew that Brandon would love it (he really loves mustard), but I figured that I would probably feel pretty “meh” about the whole thing. But what a surprise. This one instantly became one of our favorite chicken breast recipes (yes, mine too!). Since the chicken is simply cooked in some butter, salt, and pepper, the pan sauce is really the star. It’s creamy, rich, and has some great herbal undertones – all of the things that we love about pan sauces. We used an organic brown mustard made with apple cider vinegar, and those tangy and rich mustard flavors were really the backbone of the sauce and the main flavors of the dish.
Tips:I would say to make sure that you use a really good mustard for this sauce, since it’s the dominating flavor in the dish. That said, the sauce is really very versatile. It’s also good on pork chops, and I’m sure that it would be good on cubed or shredded chicken as well. The smaller pieces of chicken would provide a lot more surface area to soak up all of that delicious flavor.
Chicken with Mustard Cream Sauce
Source: Let’s Dish, originally from Martha Stewart’s Everyday Food
2 boneless, skinless chicken breasts, butterflied and then cut in half
Butter
Kosher salt and black pepper
1/4 cup chicken stock
1/2 cup heavy cream
2 tablespoons brown mustard
1 teaspoon dried oregano
1. Add a good pat of butter to a saute pan over medium high heat. Season the chicken breasts with salt and pepper, and add them to the pan. Saute until cooked through, turning once, about 10 minutes. Remove to a plate and keep warm.
2. Add the chicken stock into the pan. Whisk in the cream, mustard, and oregano. Cook and stir for about two minutes, until thickened. Pour the sauce over the chicken and serve.
I like the idea of using a brown mustard. I’ve made a mustard cream sauce before to imitate one of our favorite meals while living in France (meatballs with mustard cream sauce and spaetzle), but I used whole-grain mustard. The whole-grain works with the meatballs, but I’ve been a little scared to try it with chicken…next time I’ll make it with a finer mustard. Duh! ;-)
That meal from France sounds really good! I’ll have to try something similar sometime.
I made something very similar to this not horribly long ago, and I was like you — thinking it would just be decent. But, no surprise, it was delicious! Sometimes, mustard can surprise you!
Wow that dish looks so good! I wanna have one right now.
Good to see you on Foodpress. Great recipe too!
Thanks! :)
Saw your recipe on FoodPress – congrats :) I also finally started my own food blog recently. Love yours and this recipe looks great. I love anything mustard!
So glad you liked this! It’s one of our favorites too.
This looks scrummy and so simple! Definitely want to try it out sometime, thanks for sharing :) oh and your photo..gorgeous!
Looks delicious:) Mustard cream..YUM! :) | http://ourlifeinfood.com/2011/08/04/chicken-with-mustard-cream-sauce/?like=1&_wpnonce=68d26d17fa | 2013-05-18T10:21:09 | CC-MAIN-2013-20 | 1368696382261 | [
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tag:blogger.com,1999:blog-5264437546224993298.post7741911304940321063..comments2011-07-01T18:44:09.834-04:00Comments on Our Little Tongginator: A Momma Kangarooa Tonggu Momma' good!!!!!!! : ) hope you got my email....Lookin' good!!!!!!! : ) hope you got my email...I responded to yours : )Chasing Dreams Photography best thing you can do is hold her close and ta...The best thing you can do is hold her close and take her in your arms everywhere - you are doing great (I know you know all this).... just so happy all is going well. Congrats over and over!<br /><br />Alyzabeth's MommyAlyson and Ford, I love babies, they're so cute!!! I was...Awww, I love babies, they're so cute!!!<br />.Jaggerfan1 just got home from China today... I hope your f...We just got home from China today... I hope your family is able to get over the time difference quickly. Congrats on Mei - Mei!Joan has been a while since dropping by... glad to h...It has been a while since dropping by... glad to hear that all is going well, considering... gotta love the White Swan... hugs to youFliss and Mike Adventures like things are going well for the mama kan...Sounds like things are going well for the mama kanga and her joey.Cavatica it up with a spoon, sister. *love*Eat it up with a spoon, sister. *love*the_blissful_mommy this time because all too soon Meimei will b...enjoy this time because all too soon Meimei will be running to catch up with miss T!mumma to many kangaroo look fits you. What a wonderful pictu...The kangaroo look fits you. What a wonderful picture.<br />Happy to see that Mei Mei feels so secure with you.<br />Wishing your family all the best!Bell love reading about Mommies (and Daddies) who kno..!Catherine a beautiful journey. Mei Mei sounds just lik...What a beautiful journey. Mei Mei sounds just like my EG. The pouch was her security. It eased her trauma and she literally lived in 20 hours a day. <br /><br /. <br /><br />Enjoy your time there, it's such sweet sweet time.t~ those legs! :) So happy, always, to hear from...LOVE those legs! :) So happy, always, to hear from you. And no worries, since I am barely online these days myself.planetnomad that you will have time (right now) to read co...NOT that you will have time (right now) to read comments, but I wanted to toss one in too. <br /><br />I've been thinking of you guys, wondering how it was going. I'm so happy that MeiMei is able to find comfort with you, and that she is slowly putting down her shields for you. Good luck, take time for you, enjoy these magical days!Kiy someone who just spent a great deal of time in ...As someone who just spent a great deal of time in the heat of China also with a little furnace strapped to her chest, I feel your pain .. and your joy. I didn't want it any other way either. Good for you, momma!Mia's Mommy Mei Mei soon realizes how blessed she is to...Hoping Mei Mei soon realizes how blessed she is to be your little Joey... what a precious picture of those little legs.Sarah your time with your new little "joey.&q...Enjoy your time with your new little "joey." So happy for all of you!!!!!Michelle R Photography, oh, oh. Bless your heart!! I was thinking... <br /><br />So glad that little MeiMei is comforted by you, and comfortable with you! Hugs to you all!!Aunt LoLo know Amelia and Mei Mei aren't from the same...I know Amelia and Mei Mei aren't from the same orphanage, but the more you describe it, the more I think they were in such similar environments.<br />The director of her orphanage didn't allow toys because they spread germs too quickly and staff barely had time to feed the kids, much less clean toys.<br />No food at nearly 10 months, but no food issues for us (thank goodness)!<br /.<br />Good luck. Lots of prayers coming your way!Sharie this Momma Kangaroo is pretty adorablebut this Momma Kangaroo is pretty adorableBeyond Normal Limits agree with whoever posted about those baby legs ...I agree with whoever posted about those baby legs and tears when I saw them. Just your brief mention of the time she spent in her crib added to those tears. So be a kangaroo as long as you need to!!organicnerd, I am so glad that things are going well for y...Wow, I am so glad that things are going well for you, all things considered! It looks like Mei Mei is definitely bonding with you, which is great! I'm just thrilled you have her! You finally have her in your little family! Hooray!Patty O. the pic of that baby in your arms!!!Loving the pic of that baby in your arms!!!snekcip like things are going as well as can be exp..~<br /><br />xoxo,<br /><br />LisaHalf Gaelic, Half Garlic! are an incredible mom. i know it isn't eas...you are an incredible mom. i know it isn't easy- but you are doing the right thing for her. we saw more hotel than China too :) baby steps.kitchu happy for you and your family. I hope Mei Mei ...So happy for you and your family. I hope Mei Mei finds her new life is so much better really soon. Poor baby. I am glad that she finds comfort being close to you.Debby | http://ourlittletongginator.blogspot.com/feeds/7741911304940321063/comments/default | 2013-05-18T10:21:23 | CC-MAIN-2013-20 | 1368696382261 | [] |
The attack outside a U.S. military base in Kandahar Thursday was only the latest blow in bringing security to the country.
Taliban claim bombing killing American, Afghans
Erin Burnett spoke with the Deputy Foreign Minister of Afghanistan, Jawed Ludin, and asked him if this act of terror caught him by surprise.
soundoff (No Responses) | http://outfront.blogs.cnn.com/2012/12/13/taliban-have-to-be-a-player-but-with-red-lines/ | 2013-05-18T11:02:13 | CC-MAIN-2013-20 | 1368696382261 | [] |
.
Erin Burnett has the story.
PS
In field hockey they use a cement ball and can only hit one way, I had to ask about the indoor and outdoor game. One might say the mortar of our courage found in always progressing.
Know the science and then the art.
Davinci was always right, immortalized with Zidane (Wasnt william a dane or something about orange and mathilda)
So then what does it mean when the french speaker Didier Drogba leaves Chelsea , Hastings Bridge, for Galtasarraya in Turkey, a wise bird and nation, to beat the Germans on their own field in an improbable turn around effort?
Turkey should be in the EU, the french speakers are the key for wise birds to succeed and after kicking out the challenge to play fir Turkey the English tried to not only hang on but ban him from playing. Maybe Ibrahimovic stepped on a few toes for which, yes I bra supports women and Serbis/Croatian as to why the EU is important, he was red carded unjustly and watched his team thanks to a Lavezzi Ezekiel, a clean angel score with his knee to keep hope alive but a listless effort and one that without him in the first leg makes his abilities even more paramount in the second leg.
So can everyone use the pitch to spread the gospel, may e if its true then its likely the Asia or French Pope are the most likely, and the Canadian actually like Argo is not beneficial to bringing peace lest Clooney makes the trip to Iran and FIFA allows the hijab in this olympics like American and Iranian wrestlers are turning to the mat for real efforts. Clean water women war and peace or a hijab and stepping on some toes from time to time may get the angel to cone through.
Thats sone thoughts. | http://outfront.blogs.cnn.com/2013/03/12/former-pro-soccer-player-gives-up-jersey-for-clergy/?hpt=hp_tvbx | 2013-05-18T10:53:13 | CC-MAIN-2013-20 | 1368696382261 | [] |
As a matter of fact, kitties were spending a lot of time in and around this balancing pile of rocks. Despite it not wiggling in the least and being amazingly stable, I could not get the idea out of my head of 70 pounds of solid rock sitting on top of 7 pounds of kitty.
The ugly balancing pile of rocks was dismantled. It is now just a more organized pile of rocks than before.
3 comments:
Awwwww, they love the rocks as they are warm. Do feel better that the rocks are more "layable".
Good eats tonight. BBQ chick, green beans/mushrooms & smashed taters. Fresh bell pepper, garlic & yellow pear maters. Yummy.
Awe ... that's the cutest picture. I did have that same thought though. Glad it's safe for them now. The roadside vegetable garden is looking gorgeous!!! And those sunflowers .... love them!
Too bad. I didn't mind that pile of rocks. I didn't think it was so ugly. I sort of liked looking through the rocks. Kitties knew best. | http://outsideclyde.blogspot.com/2011/07/kitties-dont-mind-ugly.html | 2013-05-18T10:12:55 | CC-MAIN-2013-20 | 1368696382261 | [
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Building bike is what I do and for the most part , it's really all I have time to do. I get to ride a bit , I also have Saturdays to do laundry and the weekly shopping but it is a solid five-day a week grind just trying to keep the work rolling, even if the list isn't all that long. Stuff just takes more time than one suspects , even if there's many years of experience in the books. It's all about expectations of oneself , usually a bit higher than reasonable.
This brings me to current times and what I'm hooked into every fall/winter....cycolcross. Ever since the late '70's Iv'e been a big fan of the sport and watched it grow dramatically here in northern California. About 1998 I got the idea to try racing myself when I got involved in sponsoring a local team. At first, my racing was just me, no team affiliation and no expectations other than to have some fun and make a few people laugh. I'm not a talented rider by any stretch and my years of dabbling in other forms of bicycle racing have resulted in a big two wins in 20 years. In 2004 I, and my helper Simon Vickers formed a cyclocross team around my bikes and things changed in a big way. I was present at races every weekend and I wore the same kit as the real racers, although my racing was still pretty much a joke-trying not to be last in the 45-A masters division.
After an injury kept me out of most of the 2007 season, I decided correctly that I never belonged in an A division race and demoted myself to the 45 + B catagory in 2008. This is when things got weird.....I started getting on the podium. About 2/3 of the way through the season I did something I haden't done in 20 years-I won a race. This made me the leader of a series and I nearly won the whole four-race Peak Season series but for a bad cold during the last race. This success was probably the worst thing that could have happened to me.....I started getting a little serious about racing.
In 2009 I trained like a madman and went into the season expecting to start where I left off.....racing well and always being a threat for the podium , even if it was usually the lowest step. I was plagued by back problems and wound up just like I had started in 1998, giving a few folks laughs and finding myself behind most of the field every weekend. I decided to get physical therapy for my back, not so much for racing ( Although I can't lie that it wasn't a major factor in getting my reluctant ass to the doctor..) but for being able to get through a day of welding at the shop. My racing was making me a cripple.
After about five weeks of P.T. and doing core exercises it was time to go north to Oregon for the last big races of the season, the USGP in Portland and the nationals in Bend. Although my back was getting better , my racing was not and I had no expectations of any kind of results. I was going north to support the team and work in the pits. I was only racing because back in October I had paid the entry.
In Portland I had a pretty bad race on Saturday, crashing about 4-5 times and finishing pretty far back. Sunday I had 'good legs' as they say and was really surprising myself until with a lap and a half to go , the thick Portland mud destroyed my rear derailleur. I raced both days but had no real idea of how I would go at the nationals.
The next week I went to the nationals course and rode many practice laps in the frozen conditions , surveying every inch of the course. I didn't think I would have a good race but I at least wanted to have a safe one. When the day came for my heat , it was a clear sky but 13 degrees and very icy. I'm not used to the ice but I guess a lot of other folks didn't get the practice like me and were falling down all around me. I managed to get through the whole thing with only one really bad fall on my hip and a few stumbles. I finished without getting lapped by the winner, well beyond my expectations. I even had a race long battle with another builder, a much better racer than me, just not on that day. This was yet another thing that probably wasn't at it's root good for me.
Here it is, 2010 and I'm back racing again. After last year's back trouble, I have been doing 35 minutes of core work each morning. I'm more co-ordinated and I'm having a much less painful work day. I don't groan when I'm getting out of bed and I can actually bend down and pick up the morning paper for the first time in years without wincing in pain. There is a down side, though.....I'm racing better than ever and I won another race. The problem with this is that I could start believing that I have talent.......I cannot begin to do this as I have seen it in other folks and it is a sad sight. I may wear the same kit as the folks on the team and I do wear it with pride but I know full and well that I'm a bike builder, not an elite athlete . I do know some builders that have a legacy of great racing....Steve Garro, Scott Nicol, Rick Hunter......these guys were exceptional on a bike. Much as I love to ride and when I race, I definitely try my hardest , I know that there's a difference between me and the guys that win.
Racing is a test and not only is one's ability on trial , but one's sincerity as well. Someone who makes a sincere effort at preparation and on race day leaves it all on the course can be rewarded with a podium or even a win. Pretenders are lucky sometimes , but the cream always rises to the top. Builders can call themselves 'Master builders' but it is the folks that ride the bikes that make the ultimate assessment of one's ability to construct a truly fine machine. The saying of the team this year is " Don't start believing "........I feel it is when we start expecting too much or believing in our own legend we are heading for a bad fall. I may have had some good races this year and I might have a few more left in me but I'm not going to start believing.............. | http://overopinionatedframebuilder.blogspot.it/2010_11_01_archive.html | 2013-05-18T10:31:16 | CC-MAIN-2013-20 | 1368696382261 | [] |
Then there was the road trip to WEBS with my SnB buddies for the appearance of the Yarn Harlot. Road trip is definitely the way to go. We had a great time going and returning, yakking at 65 mph. Had two great meals in Northampton, and to top it all, got to listen to Stephanie Pearl-McPhee, along with about 1000 other knitters at the Calvin Theatre. Stephanie is always funny, philosophical, and real. I am amazed at her composure. She signed hundreds of books at WEBS, before and after her talk, and she never appeared cranky or bored. Of course, I got a signed book! She even 'remembered' me as a 'repeat offender' at book signings. As you can see, I got to hold the Sock.
Lest you think I'm having too much fun, I also knit this toilet roll cover with gauge issues for the Fun Fur Smackdown on Ravelry. It looked even funnier when I put it over a jar full of tiny Christmas lights...
1 comment:
Could you tell me where to find the Berlin Sock pattern, I found one, but it doesn't look the same.
Tink1944 at comcast dot net
Shelly | http://owlknits.blogspot.com/2008/05/okay-so-ive-been-busy.html | 2013-05-18T10:40:22 | CC-MAIN-2013-20 | 1368696382261 | [
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rock dove Syllabification: (rock dove)Definition of rock dove noun a mainly gray Old World pigeon that frequents coastal and inland cliffs. It is the ancestor of domestic and feral pigeons. Columba livia, family Columbidae rock dove in other Oxford dictionaries Definition of rock dove in the British & World English dictionary | http://oxforddictionaries.com/definition/american_english/rock%2Bdove | 2013-05-18T10:33:08 | CC-MAIN-2013-20 | 1368696382261 | [] |
Source Package: empire-lafe (1.1-1)
Links for empire-lafe
Debian Resources:
Maintainer:
The following binary packages are built from this source package:
- empire-lafe
- Fast line-mode Empire client
Other Packages Related to empire-lafe
- adep: libreadline-dev
- GNU readline and history libraries, development files
- adep: libncurses5-dev
- developer's libraries for ncurses
- | http://packages.debian.org/sk/source/wheezy/kfreebsd-i386/empire-lafe | 2013-05-18T11:06:31 | CC-MAIN-2013-20 | 1368696382261 | [] |
Package: libmemcached5 (0.40-1)
Links for libmemcached5
Debian Resources:
Download Source Package libmemcached:
Maintainer:
External Resources:
Similar packages:
A C and C++ client library to the memcached server shared library itself.
Other Packages Related to libmemcached5
- dep: libc6 (>= 2.4)
- Embedded GNU C Library: Shared libraries
also a virtual package provided by libc6-udeb
- | http://packages.debian.org/zh-cn/squeeze/armel/libmemcached5 | 2013-05-18T10:54:11 | CC-MAIN-2013-20 | 1368696382261 | [] |
Source Package: lifelines (3.0.61-1) [universe]
Links for lifelines
Ubuntu Resources:.: gs
- Transitional package
also a virtual package provided by ghostscript-x
-
- adep: autotools-dev
- Update infrastructure for config.{guess,sub} files
- adep: devscripts
- scripts to make the life of a Debian Package maintainer easier
- adep: dh-buildinfo
- Debhelper addon to track package versions used to build a package
-
- | http://packages.ubuntu.com/hu/source/lucid/i386/lifelines | 2013-05-18T10:43:08 | CC-MAIN-2013-20 | 1368696382261 | [] |
If you have ever been stuck with a theme or a website that didn't let you change the width of your page or use different sidebars, you might just love the Layout Editor.
As the name suggests you can use this editor to change the layout of your site. The default is a responsive layout set to a maximum pixel width. This is a good option for most sites but if you want to get creative, we want to show you how.
You can find the Layout Editor by logging into your WordPress Administration Panel and clicking on "Settings" under the PageLines tab.
Overview of the Layout Editor Refer to the image Layout Editor Overview
There are three options for layout handling that you can choose from. Most website are going to be just fine with the default.
Here you can set the default layout of your pages. This setting will determine the page layout of all new pages you create.
The black sections represent the content area of your page; while the blue sections represent the sidebars that will appear on the page.
Layouts can also be changed on individual pages using the MetaPanel. This way you are never stuck with the default layout!
This editor uses draggable sliders to change the width of the columns on your site. It will change all pages which use the selected layout.
To change a layout: | http://pagelines.com/wiki/index.php?title=How_to_Use_the_Layout_Editor_Settings&diff=3936&oldid=2369 | 2013-05-18T10:42:12 | CC-MAIN-2013-20 | 1368696382261 | [] |
With the onset of fall comes the decision whether to get a flu shot vaccine.
The Food and Drug Administration (FDA) has approved vaccines for the 2008-2009 flu season. The flu shot vaccines are designed to protect against strains of flu virus expected to be in circulation this fall and winter.. Most people who want to reduce the risk of getting influenza can get a flu shot. The CDC recommends the flu vaccine each year if you:
• Are age 6 months up to 19 years.
• Are pregnant.
• Are 50 years old or older.
• Have a chronic medical condition such as asthma, diabetes, or heart, kidney or lung disease.
• Have a weakened immune system such as from medications or HIV infection.
• Are a resident of a nursing home or other long term care facility.
• Are a child care worker or health care worker or live with or care for someone at high risk of complications from the flu.
Don’t get a flu shot if you:
• Have had an allergic reaction to the vaccine in the past.
• Are allergic to chicken eggs.
• Developed Guillain-Barre syndrome, a serious autoimmune disease affecting the nerves outside the brain and spinal cord, within six weeks of receiving the vaccine in the past. People who have experienced Guillain-Barre after the flu vaccine are at higher risk than are others of developing it again.
• Have a fever. Wait until your symptoms improve before getting vaccinated.
If you’re over age 65, the vaccine doesn’t offer as much protection as it would to someone younger because older adults produce fewer antibodies in response to the virus. Still, the vaccine offers more protection than does skipping the shot altogether. More important, the flu vaccine decreases the risk of flu-related complications — especially pneumonia, heart attack, stroke and death — to which older adults are especially vulnerable.
Good hygiene remains your primary defense against contagious illnesses:
• Wash your hands thoroughly and often with soap and water or an alcohol-based sanitizer containing at least 60 percent alcohol.
• Avoid touching your eyes, nose or mouth whenever possible.
• Avoid crowds when the flu is most prevalent in your area.
• Cover your mouth and nose with a tissue when you cough or sneeze.
Antivirals help to prevent the flu or reduce the severity and duration of the illness by a day or two. Antiviral medications are best taken within 48 hours of the onset of your symptoms and are available only by prescription. Ask your doctor about getting a rapid flu test that can verify within a few hours whether you have the flu. There are two antivirals for treating the flu virus Zanamivir (Relenza) and Oseltamivir (Tamiflu). Each of these drugs can cause side effects, including lightheadedness, nausea, loss of appetite and difficulty breathing. They can also lead to the development of antiviral-resistant viruses.
People with the flu, particularly children, who take Tamiflu may be at increased risk of self-injury and confusion. The FDA recommends that individuals with the flu who take Tamiflu be closely monitored for signs of unusual behavior. In July 2007, the FDA approved two lower dose versions of Tamiflu for children. Still, discuss possible side effects with your doctor before starting any antiviral medication.
Your best bet for treating flu symptoms remains the tried and true: Rest; get plenty of fluids; take acetaminophen (Tylenol, others) or ibuprofen (Advil, Motrin, others) for aches and pains.
It’s also important to eat healthy and get some daily activity to help keep your immune system strong and your recovery short.
The Silver Foxes Den along with San Juan Basin Health will be offering flu vaccines on Tuesday, Oct. 7, at 11 a.m. in the Den. You must have your Medicare Card with you or the cost is $25. No appointment is necessary.
Senior special events
Free cardio screening. Friday, Oct. 3, from 9 a.m. to 2:30 p.m. Joanna (JoJo) Jensen, community health worker with SJBH, will provide free cardiovascular screenings which include blood pressure, height/weight/BMI (body mass index), glucose, and cholesterol testing, as well as a computerized analysis of each individual’s overall cardiac risk. The process takes 20-25 minutes per client, including the questionnaire on health behaviors and access to medical care. You do not need to fast, and will get your results immediately. Anyone identified as being moderate or high risk for cardiovascular disease is offered a referral to local medical providers for follow up.
Archuleta Seniors, Inc. elections. Your local council on aging, Archuleta Seniors, Inc. (ASI), will be holding their annual election of board members and officers on Monday, Oct. 6. Voting will be from 10:30 a.m. to 1 p.m. in the lounge. Officers are elected annually and board members serve two-year terms. You must be an ASI member to be eligible to vote. The membership fee is $5 and is valid through Dec. 31. The bylaws of the organization do not allow proxy votes or absentee ballots.
Meditation for Healing. On Tuesdays at 1 p.m. Sarah Barbara hosts the weekly Meditation for Healing program and will teach you how to meditate and reap the healing benefits of the practice. This program is free.
Dance For Health..
Fred Harman Art Museum tour. The folks at the Fred Harman Art Museum are looking forward to a visit from the Silver Foxes on Wednesday, Oct. 8, at 1:15 p.m. Most of you probably read the Red Ryder and Little Beaver comic strip that runs in The PREVIEW each week. Many of you may not know that the comic strip actually ran for 25 years — 1938 to 1963 — in 750 newspapers on three continents. And that the creator of Red Ryder and Little Beaver, Fred Harman, grew up in Pagosa Springs. The staff looks forward to sharing stories of Fred Harman, and showing you around his last home here in Pagosa. The cost is $1 (a $4 savings) Reserve by Tuesday, Oct. 7.
Sutherlands Farm pumpkin patch tour/lunch. Sutherland Farms is a family owned working produce farm. There’s a retail market on the farm that offers fresh picked produce as well as locally produced items such as honey, cider, jams, pickles and all natural beef. Upon arriving at Sutherlands, you will take a hayride tour of the farm, pumpkin patch included, wander their corn maze, see their miniature farm animals, and have lunch at the Purple Cow Kafé. This trip is on Thursday, Oct. 9, at 9:30 a.m., and the cost is $5. Reserve your place by Tuesday, Oct. 7.
Cooking for one or two. On Friday, Oct. 10, lunch will include a short nutrition presentation by our dietitian, Mikel Love. She will bring with her lots of information about cooking healthy and nutritious food for one or two people. She will also cover some great tips on how to save money on your food budget. After lunch everyone is welcome to join Mikel for a cooking demonstration and class. We will cook up some good food, talk about minimizing food waste, and review some tips for cooking meals in small quantities. Limited space for this class, sign up by Wednesday, Oct. 8. waiting for your fingers to tickle its ivories. Drop by any Monday, Tuesday, Wednesday or Friday between 10:30 a.m. and noon and bring the joy of toe-tapping to our local seniors. For more information, call 264-2167.
Medicare
Are you baffled by the many decisions you are faced with regarding your Medicare these days? The decisions you need to make as you approach your 65th birthday can be overwhelming.
Keeping up with the information you need regarding Part A (hospitalization), Part B (physicians visits), Part C (Medicare Advantage Plans) and, since many plans do change each year. Make sure you get what’s best for you.
SHIP-trained counselors, as well as representatives of Veteran Services and the Department of Human Services, at the north end of the community center.
Bring your questions and we’ll help you through the tangled web. You may also make an appointment with a counselor for individual counseling by calling, Wednesdays and Fridays from 10 a.m. to 2 p.m. Also, the ASI board would like for folks to know that the computers at the Silver Foxes Den are now up and available for your use. you may be in need of assistance during an emergency, contact Kat at 264-2167. Don’t delay, be prepared today.
Activities
Friday, Oct. 3 — 9 a.m. Geezers; 11:15 a.m. Gym Walk; 9 a.m. cardio screenings.
Monday, Oct. 6 — 8:45 a.m. Tai Chi, 10 a.m. Tai Chi; 10:30 a.m. ASI board elections; 11:15 a.m. Gym Walk; 1 p.m. Canasta.
Tuesday, Oct. 7 — 11 a.m. blood pressure check and flu vaccinations; 11:15 a.m. Gym walk; 1 p.m. Meditation for Healing; deadline for Fred Harman Museum and Sutherlands tours.
Wednesday, Oct. 8 — 10 a.m. Dance 4 Health; 1:15 p.m. Fred Harman Art Museum.
Thursday, Oct. 9 — Closed.
Friday, Oct. 10 — 9 a.m. Geezers; 11:15 Gym Walk; 1 p.m. Cooking for 1 or 2.. 3 — Spaghetti and meat sauce, tossed salad, seasoned green beans, orange, garlic bread stick.
Monday, Oct. 6 — Ham and beans, cut broccoli, parslied carrots, orange juice, cornbread.
Tuesday, Oct. 7 — Bratwurst, sauerkraut, pickled beets, sliced peaches.
Wednesday, Oct. 8 — Chicken salad sandwich, orange juice, fresh fruit.
Friday, Oct. 10 — Salisbury steak, masher and gravy, veggie medley, seasoned greens, fresh fruit, whole wheat bread. | http://pagosasun.com/archives/2008/10october/100208/SeniorNews.html | 2013-05-18T10:53:27 | CC-MAIN-2013-20 | 1368696382261 | [] |
The public forum hosted by the Town of Pagosa Springs on Feb. 16 was attended by a “packed house.”
Three things became very obvious from the outset:
• The residents of Pagosa Springs dearly love their town and wish to improve or maintain its unique character.
• A lot of people are hurting from lack of employment and wish for more affordable goods.
• The lack of a downtown market, which is seen as affordable, is difficult for many.
The impending Wal-Mart is seen as either something to “save us,” or a harmful downgrade to our small-town character and magnetism.
Based on these concerns, a small group of community- minded citizens, calling themselves Pagosa First, was inspired to host a series of discussions on how best to address these problems.
With or without Wal-Mart, this group is motivated to bring the community together to create solutions for many of our local issues.
Our community is full of independent-minded folks that have lots of good ideas about “how to solve our own problems,” they say, with an intention to:
• Create good jobs.
• Revitalize downtown.
• Provide affordable goods and services.
• Support/grow local businesses.
• Keep our dollars in Pagosa.
Now that our common needs have been identified, Pagosa First will sponsor a series of community forums where people can come together, express our needs and brainstorm potential solutions. No idea is too large or too small. All are valuable. We can unite the community to help ourselves.
Three session are open to all public input.
First session: Ross Aragon Community Center Tile Room, Monday, March 5, 6 p.m.
Second session: Ruby Sisson Library, large conference room, Saturday, March 10, 12:30 p.m.
Third session: Ross Aragon Community Center Tile Room, Thursday, March 15, 6 p.m.
Pagosa First is striving to create a new future for Pagosa — one that includes a thriving community where people want to live and work, where tourists want to spend time, where retirees want to spend the rest of their lives, where the quality of life is improved and all citizens have a say in the way their own neighborhood is run, with a truly accountable, representative government that honors and recognizes each taxpaying person’s vote, no matter which side of town they live on.
For more information, contact pagosafirst@gmail.com. | http://pagosasun.com/archives/2012/03March/030112/pagosafirst.html | 2013-05-18T11:02:35 | CC-MAIN-2013-20 | 1368696382261 | [] |
Eid ul Adha is on or around the corner. I wish you all a safe, happy and fulfilling celebration with your family and friends.
All I ask is, please spare the poor goat or lamb or cow’s life.? For those who want to sacrifice this writer instead, please read Chapter 22, Verse 37 from the Holy Qur’an (I have looked at translations by Marmaduke, Yusufali, Asad and Usmani) and they all talk about your own devotion, piety, God-consciousness and taqwa that reaches Him.. Charity and alms should be given throughout the year, and many people do. But with this added emphasis around Eid ul Adha I would suggest we consider giving more to the poor including poor relations.
Allah looks at intent not the blood. What better way to celebrate this Eid?.
Note: This is based on an earlier post published on temporal’s blog Baithak.
Excellent post. I am glad you have raised this issue. The way these so called sacrifices happen are really disgusting and are a blot on the name of Islam. We are Muslims, not qisayis. What might have made sense a thousand years ago makes no sense today. these mullah types are for it only because the hides (khals) fund their operations big time. Sacrifice has now become just a thing of show. There are far better ways to show your generosity by helping other people in real ways rather than slauhtering animals. Interestingly, the same people who defend the killing of innocent Muslims in mullah terrorism also defend the killing of animals needlessly.
For those who want to follow Islam, no reference is required. For those who don’t want to follow Islam, no reference is enough
Awesome! very well said and very appropriate verses and hadiths you have quoted. You don’t need to elaborate things further.
It’s not surprising. Such kind of elements existed at the time of the Prophet(saw) as well. They always used to call themselves as “Musalman” but they always had doubts on various matters and always tried to find escape by bringing ifinite Ifs and Buts.
If Watan Azis is right (which in fact he is!),
Referring a person who studies Islam from Wikipedia could give a clear idea what kind of knowledge and friends circle you posses.
Holy Quran:
Therefore turn in prayer to your Lord and sacrifice (to Him only).” (Surah Kauthar)
“And for every nation We have appointed religious ceremonies, that they may mention the Name of Allah over the beast of cattle that He has given them for food. And your God is One God, so you must submit to Him Alone (Surah Hajj)
Hadith:
“Whoever has the ability to slaughter and he doesn’t, then let him not come near our prayer area.” (Reported by Ahmad and Ibn Majah)
For those who want to follow Islam, no reference is required. For those who don’t want to follow Islam, no reference is enough.
Dear Mohammad Yusha,
Please make a pointed reply to my query. Let me re-explain my question thus.
I simply asked if the so called ‘sacrifice’ by killing of animals was made mandatory for the non-hajjis also. And more importantly, if this was called upon to be repeated by every muslim; during hajj or otherwise, every year on a fixed day.
It is relevant to quote Watan Aziz from comment # 228 (23-11-2010) here:
“Outside of Hajj and at Mecca alone, there is no requirement to sacrifice an animal in remembering Ibrahim….”
If Watan Azis is right (which in fact he is!), then I am obviously right in challenging your contention in support of Qurbani Eid. Of course, the auxilliary reasons like meat for poor etc. take the back-seat.
Please correct me if my averment is wrong, but please support it with evidence.
Muslims are blindly following this ritual without caring to know, when and who did ask them to practice it year by year on a fixed day. Or, at the least, when did this tradition first start?
As i strongly refuted, meat distribution to poor can not form a valid reason for this mass killing of animals on one single day. Even you have made two contradictory statements:
1 “…..who get to eat meat once a year (on Eid).” And
2 “Muslims kill animals daily….”
are quite conflicting to each other.
Muslims, as it has been contended, have been asked to ‘sacrifice’ (kill) animals and distribute the meat among awaiting poor. And as you say that muslims do it every day, but the poor get the meat only on one day and never in the remaining 364 days of the year.That means you are not following Allah’s Command to distribute meat when you kill an animal during those 364 days. Please think and tell me if this was Allah’s Command?
Emphasising Watan Aziz’s statement, I call upon you to either accept or deny it!
Lastly, do also tell me who ran away from discussion? Thanks.
@Animal Lover: People, including yourself, are making it look like Muslims are the only people in the world who eat meat, and hence using it as a tool to label Islam a barbaric religion. That is why I brought people of other religions into the discussion.
>How is this ugly tradition helping islam should be explained…
You can ask the hundreds of thousands of poor people and their kids all over the subcontinent, who get to eat meat once a year (on Eid).
Please stop sounding like meat is only eaten in the world during Eid.
>muslims to kill(or ‘sacrifice’ as they call it) animals in masses, year by year on a fixed day.
Muslims kill animals daily, and so do people of all religions. If you are really concerned about the animals, please become a writer on ATP and preach vegetarianism. Your time will be better spent in that manner.
Please don’t reply using one sentence paragraphs, because it will not make it look like you are saying a lot when you actually aren’t.
@Animal Lover: My questions to Afsandyar, Ray and MJ have not been answered. The moment their flawed theories are exposed they run away.
Mohammad Yusha said:
Some of the comments have attacked Islam for the animal sacrifice on Eid al-Adha.
However, no one has said anything about Christianity for the killing of turkeys. Please
let me know why.
Simple, because this discussion is specific to Eid Sacrifice and not Thanks Giving (FYI,
topic reads as “Celebrate the Spirit of Sacrifice,Spare the Animals“), hence
christians or the Americans killing turkeys is not dealt with in detail. As already
mentioned, no American claims that he is “sacrificing” a turkey. So it does not
come under the ambit of this topic.
It is in fact, people like Adnan, who have little meaningful to add to the discussion, act
as troll by posting off-topic inflammatory remarks. For example, I am a pure 100%
vegetarian person, and this fellow imagines that I might be eating a turkey. How off-topic
and baseless comments this man is making in this otherwise meaningful discussion. I had
asked 2-3 times, and he could have provided us with some citation (other than verse 22:34
and 22:36 as these are already discussed here and do not help them) which authorize
muslims to kill(or ‘sacrifice’ as they call it) animals in masses, year by year on a
fixed day.
The readers here are not dumb or blind. They look for reasoning and logic, not funny or
silly comments from (insane) people like Adnan.
Your apprehensions that Islam is under attack, are unfounded. Why do you, and some others
here, feel that islam is so fragile that mere discussion of a tradition will harm it.
On the contrary, it will clean the aura by hitting at unfounded beliefs, myths,
superstitions, and bad traditions. Cursing the West, or the Christianity, or Hinduism for
that matter, is not going to help us. Most of the readers will agree to this.
It looks weird, abominable, ugly and disgusting to shed the blood of an innocent animal
year by year, and still claim that oh, that was our duty according to Islam. How is this
ugly tradition helping islam should be explained anyways,rather than what christians are
doing. | http://pakistaniat.com/2009/11/26/eid-sacrifice/?cp=32 | 2013-05-18T10:32:05 | CC-MAIN-2013-20 | 1368696382261 | [] |
By: Daclan Walsh.
Six weeks after LeT gunmen killed more than 170 people in Mumbai, President Asif Ali Zardari told the US of his “frustration” that Sharif’s government in Punjab province helped the group evade new UN sanctions.
A month earlier, Shahbaz Sharif, who is chief minister of Punjab, “tipped off” the Jamaat-ud-Dawa (JuD), LeT’s charity wing, “resulting in almost empty bank accounts”, Zardari claimed in a conversation with the US ambassador to Islamabad, Anne Patterson.
US diplomats were unable to confirm the allegation and noted that they came. A Punjab government spokesman vigorously denied the charge. “There’s nothing true in it,” said senator Pervaiz Rashid, an adviser to Sharif. “Zardari is our political opponent and he wants to topple our government.” Sharif couldn’t have known about the UN sanctions, he said, because the UN co-ordinated its action with the federal government and not the provincial one.
The accusation, which has never been publicly aired, is one of several dramas that unfolded behind the scenes after the November 2008 attacks, now revealed by the embassy cables.
US diplomats and CIA spies found themselves playing the role of harried intermediaries to prevent Pakistan and India from going to war. One week after the bloodbath an Indian official said his government was distinguishing between Pakistan’s civilian government, “which India believed was not involved in the attacks”, and the Inter-Services Intelligence agency (ISI). We are not yet ready to give ISI a clean chit,” he said.
Four weeks later the US embassy grew alarmed by Indian plans to release a “sanitised” intelligence dossier that, they feared, could scupper intelligence sharing or thwart efforts to prevent a second attack.
“There are still Lashkar-e-Taiba (LeT) sleeper and other cells in India, Nepal, Bangladesh and Pakistan, as well as many law enforcement leads which need to be pursued,” the note said.
Pakistan’s generals, usually antagonistic towards India, appeared unusually conciliatory. Six weeks after the attack Pakistan’s army chief, General Ashfaq Kayani, said he was “determined to exercise restraint in his actions with India”. “If there is any clue about another attack,” he told General David Petraeus at his Rawalpindi headquarters, “please share it with us.”
His intelligence chief, General Shuja Pasha, went even further, acting as a regional fixer for some of his most bitter enemies. In late 2009 Pasha travelled to Oman and Iran to “follow up on reports he received in Washington about a terrorist attack on India”.
He sent warnings to Israel – a country that Pakistan does not officially recognise – “about information about attacks against Israeli targets in India”. Earlier in the year, he reminded Patterson, information about a second attack on India had “come his way”, which he conveyed to Delhi via the CIA.
The cables suggest Pakistan’s ardour for bringing the alleged Mumbai masterminds to justice appears to have wilted as time went on. The secretive trial of Lashkar leader Zakhi ur Rehman Lakhvi and six other suspects “is proceeding, though at a slow pace”, US diplomats noted in February.
The secretive trial of Lashkar leader Zakhi ur Rehman Lakhvi, and six other suspects “is proceeding, though at a slow pace” [id:249966] lastin February 2010.
ThePakistan’s Inter-Service Intelligence agency (ISI) refused access to Abdur Rehman Syed, a retired army major and alleged LeT accomplice. Instead the FBI was told it could “submit questions for Syed through the ISI”.
American officials say there is “no smoking gun tying the Mumbai LeT operation to ISI” but are less sure if the spy agency has, as promised, cut all its ties.
“Despite arrests of key LeT/JuD leaders and closure of some of their camps, it is unclear if the ISI has finally abandoned its policy of using these proxy forces as a foreign policy tool,” notes a briefing to the US special envoy Richard Holbrooke in February 2009. Dealing with LeT has long been a vexed issue for American diplomats in Pakistan. In March 2006 the US ambassador Ryan Crocker id:55604requested the US government to delay by two weeks the designation of JuD.
American helicopters were still delivering aid to earthquake victims in Kashmir, he explained, and they risked attack if still in the area when the designation was approved.
That same month, embassy officials met with Pakistan foreign office director Tasneem Aslam, who told her that Pakistan had “no evidence” linking JuD to terrorism – a conclusion US officials judged “dubious”.
Later, in November 2007, the US ambassador presented the foreign secretary, Riaz Khan, with evidence that senior government ministers were publicly helping militant groups, including a declaration from the ministry of defence parliamentary secretary “that he was proud to be a member of LeT and that he seeks to extend support to jihadi organisations when they seek his ‘co-operation.’”
“Each of these reports is disturbing in itself, the ambassador said, as they seriously damage Pakistan’s image in the international community.”
JuD denies that it is a front for LeT. | http://pakistanpal.wordpress.com/tag/inter-services-intelligence-agency/ | 2013-05-18T10:12:15 | CC-MAIN-2013-20 | 1368696382261 | [] |
politics – Clint’s Nolan Chart – 20020718 – slightly inaccurate but good (Photo credit: Rev. Xanatos Satanicos Bombasticos (ClintJCL))
#I wrote this on PG on 13th Oct 2010. And posted on FB Notes on 30th Jan 2011.
We have been for long talking about changing the role of the government from being the regulator to that of a facilitator. It is impossible for the government and its administrators to handle the role of a regulator successfully. Therefore, Indian bureaucracy, which have people selected through one of the toughest exams and who boast of great knowledge and ability, are overburdened. This burden can be reduced if we make them the facilitators and not the regulators. Thus, they will be able to use their knowledge and ability in the right direction.
There is a scheme suggested by Finance Ministry of the alternative solution to PDS system. I would like to implement that. It is based on practical thought and behavioral economics. If you want details then read Chapter 2 of Economic Survey 2009-2010.
In India, we discuss about the bad situation of sports other than Cricket. I would like to implement the strategy used by administrators of cricket to bring it to the fore for other sports as well. A private club consortium structure for all the sports body will be the first step towards that goal and the government will provide tax benefits to the body. The government will act as a facilitator by running stadiums and giving them to these bodies on annual rent.
The foremost reform that I would like to see would be in the working of political parties. I would like to bring in the regulation/law for the internal functioning of the political parties. Members of a political party will follow career service, i.e., they will join at the lowest rung and will have to make their way to the top by working effectively. Pre-independence democratic structure of Indian National Congress will be the basis of any such regulation or law.
Related articles
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- CAG for more independence to regulators (news.in.msn.com)
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- India’s Governing Party Sells Its Reforms to the Masses (rendezvous.blogs.nytimes.com) | http://palakmathur.wordpress.com/tag/politics/ | 2013-05-18T10:12:03 | CC-MAIN-2013-20 | 1368696382261 | [
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South Carolina lawmakers joined advocates for sexual assault victims Monday afternoon to urge the General Assembly to overturn Gov. Nikki Haley’s veto of nearly half a million dollars in funding for rape crisis centers.
Haley’s veto drew national criticism last week, with much of the outrage centering around the governor’s assertion that funding for rape victims represents a “distraction” from the state’s public health priorities.
“What planet is [Gov. Haley] living on?” asked state Sen. Joel Lourie (D-Richland). “I’ve not heard from one constituent who agrees with the governor on this.”
“This is a crime that impacts all of us — men and women, young and old, Republicans and Democrats,” commented victims advocate Pamela Jacobs. “Sexual assault is not only a public health issue; it’s a public health epidemic.”
Palmetto Public Record collected excerpts from the press conference into a video which you can watch below:
Rep. Joan Brady (R-Richland) said a person is raped every four hours and 46 minutes in South Carolina. While funding for the state’s 15 rape crisis centers has dropped by 57% over the past three years, the number of people helped by the centers has increased by 24 percent.
“Survivors, you are not mere distractions,” Rep. Brady told the crowd, many of whom were sexual assault survivors themselves. “You are valuable priorities.”
Brady also criticized Gov. Haley’s characterization of the rape crisis funding only helping a small percentage of South Carolinians. “If we only considered citizens in the majority, that would get rid of a lot of programs,” she commented. “Our responsibility is to take care of all citizens.”
Rep. Bakari Sellers (D-Denmark) commended the bipartisanship of a movement that has drawn support from Republicans and Democrats alike. ”We have a divisive climate, and it’s unfortunate the governor has tried to divide us again,” he said.
Still, lawmakers expect a quick override of the governor’s cuts when the General Assembly reconvenes on Tuesday. The House is expected to take up the veto tomorrow, and the Senate will vote on Wednesday. Palmetto Public Record will provide full online coverage of the session throughout the week, so look for updates as they become available. | http://palmettopublicrecord.org/2012/07/16/lawmakers-protest-govs-cuts-to-rape-crisis-center-funding/ | 2013-05-18T10:22:07 | CC-MAIN-2013-20 | 1368696382261 | [] |
Increasingly popular as alternative sources of energy, wind turbine generators are a type of windmill that produces electricity by harnessing the wind. Wind turbine generators are much less harmful to the environment than burning fossil fuels, but they.
New World Power Technology Company North Wind 250.
Wind Energy as a Significant Source of Electricity
Palm Springs Turbine Service and Suppliers
American Wind Energy Association | http://palmsprings.com/services/wind.html | 2013-05-18T11:02:46 | CC-MAIN-2013-20 | 1368696382261 | [] |
January 2012
it’s february! one day closer to easter, one day closer to summer
1 tag
thatsprettybadass: ““An artist’s only concern is to shoot for some kind of perfection, and on his own terms, not anyone else’s.”” — J.D. Salinger, Franny & Zooey. Salinger died two years ago today. (via doubledaybooks)
“beyond this place of wrath and tears, looms but the horror of the shade” death isn’t an escape.
feel shitty re: self
we found love in a *helpless* place. there is hope, though
new favourite
Emily Dickinson (1830–86). Complete Poems. 1924. Part Three: Love, ...
Light years are a measure of immense distance and not time but we will never be light years away from each other because there is no distance.
The time has come,” the Walrus said, “To talk of many things: Of shoes and ships...
my new favourite writer/poet
from warsanshire.blogspot: “ praise the soft belly -...
I’m far away from home but further, because contact with home is significantly less.
Looking for something that you can’t find? Aren’t we all?
Blind-sided, everytime
suddenlyflying: You’ve never been the most luminous of people, but as a conductor of light, you are unbeatable. Some people who aren’t geniuses have the most amazing ability to stimulate it in others. - Sherlock to John, The Hounds of Baskerville (Mark Gatiss) It may be that you are not yourself luminous, but you are a conductor of light. Some people without possessing genius have a remarkable...
between us, imagine all the hours we’ve spent, half living, waiting for someone...– warsanshire (via dreamhampton1)
from warsanshire.tumblr.com, it makes perfect sense : Anonymous: Do you think love forgives? - the thing about love is that it accommodates who you are. so if you are lazy then your love is lazy. and if you are fearful your love is afraid. i loved someone who couldn’t forgive, and he loved me despite his inability to forget. we didn’t get far. it was still love though, just not the kind... | http://pandacat6.tumblr.com/archive/2012/1 | 2013-05-18T10:21:23 | CC-MAIN-2013-20 | 1368696382261 | [
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],
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"http://assets.tumblr.com/images/small_white_checkmark.png",
null
],
[
"http://img.youtube.com/vi/OZLUa8JUR18/hqdefault.jpg",
null
],
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"http://assets.tumblr.com/images/small_white_checkmark.png",
nu... |
- like if this helped you
- requested by: anon
- Requested anonymously
- one | two | three | four | five | six | seven | eight | nine | ten
- Please like this post if it helped you.on
You gave me away like I was some dog you didn’t want anymore. And now you curse me because I’ve come home. | http://pandaisia.tumblr.com/ | 2013-05-18T10:31:18 | CC-MAIN-2013-20 | 1368696382261 | [] |
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America's Cup Officials Say Race Will Continue | http://panews.com/v?vid=ndn-23886791&widget=ap&site=panews§ion=archive | 2013-05-18T10:31:52 | CC-MAIN-2013-20 | 1368696382261 | [] |
Originally published here.
As a fat pagan woman, I have been following many of the various discussions on Pagans and obesity (or fat pagans) with interest. I wasn’t going to chime in, but I did – on Z’s show and a few comments.
But now is the time; I am making a point: mind your own fat business!
Probably the most common argument I’ve seen for stepping in when a pagan sees another pagan who is fat is this: “When harm is being done, it is my spiritual/religious duty to step up.”
Ok, I immediately went to abortion rights on that one.
That’s right, I’m saying that that excuse is used for Christians (and others) imposing their values, beliefs and opinions upon the masses, regardless of their own personal beliefs, regardless of circumstances.
I’m gonna say it… proselytizing.
You want to impose your own sense of what is right and wrong for me and my body? I hear there is an opening in the Westboro Baptist Church.
I would argue that most Pagans would consider it MORE in line with their beliefs that, with only the most extreme exceptions, it’s our job to TRUST each other to do what is right for ourselves and the rest of the world.
Yeah, I brought out the T-word.
You should trust me that I am a reasonably intelligent human being with complexities that you prolly don’t understand.
You should trust me that I have the same googling capability that you have, and that I am either as informed as you are or have CHOSEN to remain ignorant.
You should trust me that if I WANT to get better, I will do what I can to do so, and if I don’t, there is NOTHING that you poking your nose in will do to change that.
You should trust that I am a “grown-ass woman” with decision-making capability and that, whether you are talking about the layer of fatty tissue under my epidermis or the reproductive organs in my lower abdomen, MY BODY = MY CHOICE still applies.
I don’t understand how being nosy or pushy is the way you show you care. Personal responsibility is just that: personal AND a responsibility. It is mine to make or break. My body to use or abuse, to trash or treasure.
On a similar note, it came to my attention that an Olympic swimming contender was called “fat.” Let me clarify: This woman swims. She swims often and she swims fast. She does so to the point that she beat out most of an entire country (Australia) to qualify for the Olympics, an honor most people I know have never even APPROACHED. She has won EIGHT medals during the last 12 years. “Together with Emily Seebohm, Alicia Coutts and Melanie Schlanger, she won a silver medal for Australia in the 4 × 100 m medley relay.” Oh, wait. That makes NINE medals. How many have YOU won?
She’s now 26 and has grown a bit of a pooch. To quote, “The question that comes up is: Does it matter? Is it the media’s place to question the fitness of an athlete who has already proved herself by making the team in the first place?” Exactly. She’s done 4 Olympics and 9 medals more than pretty much any journalist, blogger or commentator who has decided to judge her body (in an unforgiving and less then flattering swimsuit, no less).
To those who did judge her, go win a frickin’ Olympic medal and then you MIGHT get to say something. Otherwise, SHUT UP.
Holley Mangold weighs in at 346 pounds (157 kilograms);
she can also bench press a small BUS!
“[Her] personal record in the combined snatch and
clean-and-jerk is 255 kilos (562.2 pounds).” | http://pangaiastore.com/blog/2012/08/07/weighing-in-heavy-thoughts-on-obesity/ | 2013-05-18T10:30:26 | CC-MAIN-2013-20 | 1368696382261 | [
[
"http://pangaiastore.com/blog/wp-content/uploads/2012/09/Holley+Mangold-300x199.jpg",
"Holley+Mangold"
]
] |
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The North Cascades of Washington state are a special place. These mountains were the inception of my adventure running in 2006. While I do many more trips in the High Sierra these days, I always look forward to a trip up to WA to visit some of my favorite mountains. The North Cascades have a unique character as glistening white glaciers beneath rugged summit pinnacles juxtapose deep green valleys choked with brush and forest. Here are a few ideas for this year:
- Isolation Traverse: The traverse from Snowfield Peak to Eldorado Peak is the missing link to two areas that I have visited many times. I’m especially interested in views of the immense McAllister Glacier icefall and an up-close view of Backbone ridge.
- Pickets Westside: From Hannegan Pass to Diablo Lake, this route through the Pickets is even more remote and rugged than 2010′s.
- Mount Redoubt & Mount Spickard: The Redoubt region is located near the Canadian border and it’s been a long time since I’ve visited this highly scenic corner of the North Cascades. It would be nice to do the Redoubt High Route to Whatcom Pass with stupendous views of the Picket Range.
- Luna Peak: The highest point in the Picket Range, Luna Peak also offers the best view with its eastern position offset from the crest of the Northern and Southern Picket Range. The view from the summit at sunrise is pictured below and I would like to return to watch another sunrise from its summit. Plus, it’s been a couple years since I’ve had the honor of battling the Access Creek bushwhack!
- Mount Logan: I have climbed Mount Logan twice, but the view from the summit of the Eldorado Ice Cap and Boston Glacier is breathtaking. This mountain is one of the more remote summit in the range, but lends itself to running with a long approach on trail.
- Mount Formidable: A summit along the Ptarmigan Traverse that I climbed in 2005. This summit provides amazing views in all directions and the approach is equally scenic.
- Wonderland Trail: The 94 mile loop around Mount Rainier has been on my mind for a few years. This outing entails a lot of planning and preparation so I’m not sure it will get done this year, but we’ll see if the opportunity presents itself.
- Dome Peak from White Rock Lakes, 2008
- The Southern Pickets from the summit of Luna Peak, 2005
- View from Austera Peak, 2011
- Mount Challenger and Whatcom Peak reflect in Tapto Lakes, 2005
- Ridge to Mount Fury, 2008
- View of the Eldorado Ice Cap from the summit of Forbidden Peak, 2006
- Dana Glacier, 2008
- View of Boston Glacier from the summit of Mount Logan, 2006
- View of the Dakobed Range from near High Pass, 2009
- Southern Pickets from the summit of West McMillan Spire, 2011
More great ideas. Your pics of The Southern Pickets and Mount Challenger and Whatcom Peak are especially breathtaking!
Thanks for these ideas. Can you add the distance for each one and (if possible) a map link?
The actual distance of these adventures belies the difficulty of the terrain, which is the most remote and rugged in the lower 48. In fact, most of the ideas entail only a small fraction of total time on trails and the remainder is on snow/ice, rock scrambling, or bushwhacking through brush and forest. Careful preparation, planning, and familiarity with the region are essential.
Thanks for the ideas. I’ll have to give some a try if I make it up there this summer. | http://pantilat.wordpress.com/2012/04/11/2012-adventure-run-ideas-cascades/?like=1&source=post_flair&_wpnonce=671450efa2 | 2013-05-18T10:31:17 | CC-MAIN-2013-20 | 1368696382261 | [] |
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Register of disputed holdings Menches APIS berkeley.apis.4 (CU)4 p.tebt.1.73 P.Tebt.0073 Register of landholding soldiers who had been granted arable rent-yielding land instead of unusable land, which should then be brought back to cultivation by them Recto published Margins: top, 4 cm., left, 5.5 cm. No. "73" written in red ink in top margin. right Menches archive 1929; 3040 Greek 1 papyrus ; 33 x 52.2 cm. Right side still partially covered by linen. 2 cols. (31+ lines) on verso across the fibers. On recto: Register of unusable crown land (P.Tebt.74) [113 B.C. or later] Kerkeosiris Crocodile cartonnage at Tebtunis 9.5 APIS keywords are controlled locally at the institution level. They are not necessarily consistent. English Greek Land tenure; Land use Kerkeosiris Registers of land, Ptolemaic period Papyri P.Tebt., I.73 P.Tebt.:1:73 Original record. Verso. verso thumbnail Verso. verso 75 dpi Verso. verso 150 dpi Verso. verso 300 dpi | http://papyri.info/apis/berkeley.apis.4/source | 2013-05-18T10:41:56 | CC-MAIN-2013-20 | 1368696382261 | [] |
The Community College of Allegheny County is located at 808 Ridge Avenue in Pittsburgh, Pennsylvania. The campus sits across from West Park and is easily accessible off 65. Heinz Field is also nearby.
Program Schedule
There are several EMS program options that are offered through the Community College of Allegheny County. The regular track program takes 14 months to complete. Classes will meet two nights a week and an average of one Saturday a month. This option provides the most amount of time to complete all of the clinical requirements.
The fast track program takes 10 months to complete, with classes meeting three nights a week and two Saturdays a month. This program is intended for students that have practical experience as an EMT and exceptional study skills.
The weekend paramedic program meets every weekend from 8 am to 5 pm and takes ten months to complete. This program is for students that have work conflicts during the evening hours.
The full time paramedic program can be completed in five months. Classes meet Monday through Friday from 8 am to 5 pm. This is a program for students that can commit full time to their education.
Program Prerequisites
Students must be at least 18 years old before starting the paramedic program. Additionally, students must have a high school diploma or GED, be EMT certified in the state of Pennsylvania, and have a valid BLS certification card, undergo a physical examination, have current vaccinations, and take any other tests as required before starting the clinical and field experience.
Contact Information
For more information about the current cost of the paramedic program you can email psi@ccac.edu or call 412-237-2500. You may also visit the website at for more information about the programs. | http://paramedic-schools.info/community-college-of-allegheny-county/ | 2013-05-18T10:13:30 | CC-MAIN-2013-20 | 1368696382261 | [] |
Newly created, Cumbria
was fashioned from the former Cumberland and Westmorland counties, and Furness part of Lancashire,
in 1974. The region is described as mountainous (by English standards),
with the Scafell and Skiddaw peaks being the most (in)famous standing
at over a thousand metres. History is alive here, with Hadrian's
Wall being one of many ancient attractions. The region has a good
mix of paranormal occurrences and stories, from the unlikely cryptozoological
‘Tizzie-Wizzie’ lurking at Lake Windermere, to the Long
Meg stones located at Little Salkeld.
Enter the Cumbria Paranormal Database records
View Carlisle Hotspot records
Return to Regional Listing
home site map contact
us search regions aviation
ghosts gallery paranormal
calendar miscellaneous reports faq links legal
stuff | http://paranormaldatabase.com/cumbria/cumbria.htm | 2013-05-18T10:13:19 | CC-MAIN-2013-20 | 1368696382261 | [] |
- : 5475
Page: 5475
Mr SNOWDON (Lingiari—Minister for Veterans' Affairs, Minister for Defence Science and Personnel, Minister for Indigenous Health and Minister Assisting the Prime Minister on the Centenary of ANZAC) (10:04): I move:
That this bill be now read a second time. legislation, that there is more than one way to demonstrate a commitment to Australia.
One of these other ways is to undertake military service in the ADF, in defence of our nation.
This is an honourable and often dangerous vocation. Force recruits four years, effectively splitting the legal status of the defence family in Australia into two.
It seems contrary to the ideals of fairness that our nation holds so of six months service. Supporting policy sets out that 'six months service' corresponds to 130 reserve force full days attendance. The spirit of the current arrangements is to extend Australian citizenship to reservists who are actively engaged in the ADF.
It.
However, in addition to the technical amendments I explained earlier, the government's bill provides broader and more equitable coverage than the private member's bill which was previously introduced by the member for Fadden. I am aware the member for Fadden introduced his private member's bill on 21 May and I acknowledge and welcome the member's support for improvements to the policy area.. The legislation gives expression to the government's clear intent to support the ADF families who migrate together, and adjust to Australian life together, to apply for Australian citizenship together. Very importantly, this bill will ensure that, on the tragic occasion of the death of a service man or woman, Australian citizens since 1949.
I commend the bill to the House.
Debate adjourned. | http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id%3A%22chamber%2Fhansardr%2F7b0b2bac-de69-42c1-8a98-2d16329f051f%2F0036%22 | 2013-05-18T10:44:00 | CC-MAIN-2013-20 | 1368696382261 | [
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3 comments:
Welcome back. Your comments are always great to read. I'm fairly new to SAG, although not new to the business, having spent most of my life as a writer. It was during the Writers Strike that I started to get acting work and started paying attention to what was going on in SAG.
I've already voted yes, but your astute comments would have helped me make that decision.
However, I have to say something that has been bothering me since this merger came up for vote again. I feel that the Say Yes people have been badgering actors to get them to vote their way. And one of the big things is the dual membership whining about their split health insurance and that the two unions had the big split in 2008.
Since I too hope to work in TV and don't want the split health insurance, yes, I voted for the merger, but...
A union is not an evil dictator who tells you poor slaves what to do. A union is the members and how they vote is how the union works. If I've learned anything in this negotiation is that the majority of the members of AFTRA are not the broadcasters or dancers but the dual membership actors. So dual members have done the split health insurance and low-ball contracts to themselves. Dual members have allowed AFTRA to make these kind of low contracts and to create split health plans and weakened SAG in the process by how they voted in the past. And now they want the rest of SAG to bail them out by joining them in their 'possibly bad' decision.
I find it incredulous that dual members have so consistently worked against their own interests and now are badgering those of us who never had a chance to 'vote against our own interests' to join them. I understand that we have to take work where we get it -- what I don't understand is that the largest part of the membership of AFTRA created and maintained a union that worked against themselves.
However, as you say, we can't go backwards, so ultimately I voted for my best interest today and voted yes.
Please understand this is not a criticism of you -- I admire you greatly -- or of what you wrote -- which is very good. It's just been building and is how I see this whole mess.
Well said... written... as always. One issue... you said you're "delighted that if we merge, The AFTRA open door policy will remain in place." That's incorrect. If we merge, there will no longer be an AFTRA. The newly merged union "SAG-AFTRA" will not have an open door policy. A non-union actor will need to qualify to be eligible for membership by getting work covered by SAG-AFTRA (or, until new contracts are negotiated, in SAG or AFTRA).
I hope you'll be inspired to write more often. Thanks.
Very nice collection do visit me at or | http://partsandlabor.blogspot.com/2012/03/urge-to-merge-for-severalmonths-now-ive.html | 2013-05-18T10:12:10 | CC-MAIN-2013-20 | 1368696382261 | [
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Free obituary e-mail alerts for specific people, towns & more.
WALTER SOLOTARENKO Walter Solotarenko passed away Saturday, June 16, 2012. He will be sadly missed by his beloved wife Anna, daughter-in-law Pat, grandson Chris, granddaughter Tasha, her husband Rob and great-grandson Jayden. He was predeceased by his son Anthony July 2010. Walter immigrated to Canada from the Ukraine. He wanted a better life for his family. He had a strong work ethic and believed strongly in the family bond. The family would like to thank staff at Maples Personal Care Home for their compassionate care towards Walter and their support to the family. Funeral Service will be held on Thursday, June 21 at 10:00 a.m. at Cropo Funeral Chapel, 1442 Main St. Interment to follow in All Saints Cemetery. 586-8044
As published in the Winnipeg Free Press on June 19, 2012 | http://passages.winnipegfreepress.com/passage-details/id-192211/name-Walter_Solotarenko/min-run-date-1339995600/order-publish_date%7CDESC,last_name%7CASC/ | 2013-05-18T10:32:31 | CC-MAIN-2013-20 | 1368696382261 | [] |
Passion for Flowers are the preferred wedding florist for Wroxall Abbey Estate. We enjoy working on a number of weddings at Wroxall Abbey each year, whether they are in the Mansion House, Marquee or Courtyard. Wrens Cathedral is a lovely chapel for wedding ceremonies. Each of our weddings at Wroxall Abbey is quite different from one another, the flowers and style of decorations reflect the couple.
Wroxall Abbey is steeped in history and is an unrivalled location, with privacy and security amidst unspoilt parklands and gardens, set in beautiful countryside.
Passion for Flowers, Balsall Common, Warwickshire, CV7 7RE. Telephone: 01676 529014 This work is licenced under a Creative Commons Licence | http://passionforflowers.net/weddings/wedding-venues/wroxall-abbey.html | 2013-05-18T10:20:39 | CC-MAIN-2013-20 | 1368696382261 | [] |
Childbirth in India is a high-risk proposition. Every year, about 78,000 women don't survive giving birth, and a million babies die in their first month. But thanks to ordinary people called to action by PATH, mothers and babies in thousands of rural villages and urban slums are safer.
This website introduces the people of two small, rural villages, Devpuri and Ithar, who turned simple objects—piggy banks, childhood games, personal letters—into tools that get new families off to a healthy start. Read more » | http://path.org/surestart/ | 2013-05-18T10:20:28 | CC-MAIN-2013-20 | 1368696382261 | [] |
The webcast on Monday, February 28 from 1:00 p.m. to 4:00 p.m. ET, will focus on the power of advocacy in Washington in helping shape federal policy. Participants will learn how to take action on important issues for the Parkinson's community.
The webcast is free, but registration is required.
Register for the webcast at the Parkinson's Action Network. | http://patients.aan.com/news/?event=read&article_id=9406 | 2013-05-18T11:02:05 | CC-MAIN-2013-20 | 1368696382261 | [] |
But,....
- During even the most terrible times of Jewish suffering such as the Crusades or the Chmielnitzky massacres of seventeenth century Ukraine, and even more so at other times in history, it has been said that the average peasant would have given his eye-teeth to be a Jew. The meaning is clear: generally speaking, and throughout most of their history, the condition of Jews was often far superior to the mass of the population.
- The above-mentioned Ukrainian massacres took place in the context of a peasant uprising against the oppression of the Ukrainian peasantry by their Polish overlords. As has often been the case, Jews were seen as occupying a traditional position of being in alliance with the ruling class in their oppression of the peasantry. Chmielnitzky, the leader of this popular uprising, is today a Ukrainian national hero, not for his assaults on Jews (there are even references to his having offered poor Jews to join the uprising against their exploitative co-religionists – the Jews declined) but for his championing of the rights of the oppressed Ukrainians. Again, the inference is plain: outbreaks of anti-Semitic violence, though never justified, have often been responses to Jewish behaviour both real and imaginary.
- In the Holocaust three million Polish Jews died, but so did three million non-Jewish Poles
- Similarly, the Church burned Jews for their dissenting beliefs but then the church burned everyone for their dissenting beliefs. So again, the question must be asked: what’s so special about Jewish suffering?
The Holocaust, the paradigm for all anti-Semitism and all Jewish suffering, is treated as being beyond examination and scrutiny. Questioning the Holocaust narrative is, at best, socially unacceptable, leading often to social exclusion and discrimination, and, at worst, in some places is illegal and subject to severe penalty. Holocaust revisionist scholars, named Holocaust deniers by their opponents, have challenged this. They do not deny a brutal and extensive assault on Jews by the Nazi regime, but they do deny the Holocaust narrative as framed by present day establishments and elites. Specifically, their denial is limited to three main areas. First, they deny that there ever was an official plan on the part of Hitler or any other part of the Nazi regime systematically and physically to eliminate every Jew in Europe; second, they deny that there ever existed homicidal gas-chambers; third, they claim that the numbers of Jewish victims of the Nazi assault have been greatly exaggerated.
But none of this is the point. Whether those who question the Holocaust narrative are revisionist scholars striving to find the truth and are shamelessly persecuted for opposing a powerful faction, or whether they are crazy Jew-haters denying a tragedy and defaming its victims, the fact is that one may question the Armenian genocide, one may freely discuss the Slave Trade, one can say that the murder of millions of Ibos, Kampucheans and Rwandans never took place and that the moon is but a piece of green cheese floating in space, but one may not question the Jewish Holocaust. Why? Because, like the rest of the Jewish history of suffering, the Holocaust underpins the narrative of Jewish innocence, which is used to bewilder and befuddle any attempt to see and to comprehend Jewish power and responsibility in Israel/Palestine and elsewhere in the world.
From Jewish Power by Paul Eisen.
Holocaust Denier
It’s always worth defining your terms. Not that it does that much good – the inquisitors will see what they want to see and claim what they want to claim. But for the record here’s what I do and do not question. First, what I do not question: I question the figure of six million Jewish victims of the Nazi assault and I believe that the actual figure was significantly less.
And finally, one more thing I do not and do question: I do not question the horror of what was done to Jews by National Socialists or the right of Jews (including myself) to regard that horror any way they wish. I do, however, question their right to compel the rest of the world to feel the same.
Deny the Holocaust!
For my money, a child of six can see that something’s not right about the Holocaust narrative, and the science simply confirms what I already suspect. But I differ from the Holocaust Revisionists. They are scholars – historians and scientists who apply ‘truth and exactitude’ to determine the truth or otherwise of the Holocaust narrative. I’m no scholar. I care nothing for the chemical traces in brickwork or the topological evidence for mass graves. But I’ve read the literature, and it just doesn’t add up.
That Jews suffered greatly from 1933-1945 is not in question, but the notion of a premeditated, planned and industrial extermination of Europe’s Jews with its iconic gas-chambers and magical six million are all used to make the Holocaust not only special but also sacred. We are faced with a new, secular religion, a false god with astonishing power to command worship. And, like the Crucifixion with its Cross, Resurrection etc, the Holocaust has key and sacred elements – the exterminationist imperative, the gas chambers and the sacred six million. It is these that comprise the holy Holocaust which Jews, Zionists and others worship and which the revisionists refuse.
Nor is this a small matter. If it was, why the fuss, why the witch-hunt, why the imprisonment of David Irving, Ernst Zündel and Germar Rudolf? And it’s not just them. What may be a massive lie is being used to oppress pretty much all of humankind. The German and Austrian peoples who, we are told, conceived and perpetrated the slaughter; the Russian, Polish, Ukrainian, Lithuanian, Latvian, Estonian, Rumanian, Hungarian, peoples etc. who supposedly hosted, assisted in and cheered on the slaughter; the Americans, the British, the French, the Dutch, the Belgians, the Italians (but not the Danes and the Bulgarians) etc. who apparently didn’t do enough to stop the slaughter; the Swiss who earned out of the slaughter, and the entire Christian world who, it seems, created the faith-traditions and ideologies in which the slaughter could take place, and now the Palestinian, Arab and Muslim peoples who seemingly want to perpetrate a new slaughter – in fact, the Holocaust oppresses the entire non-Jewish world and indeed much of the Jewish world as well. Stand up and have done with it.
So here’s something else. The Holocaust revisionist scholars and researchers are dedicated and skilled students of historical evidence, and for them‘Holocaust denier’ is but a term of abuse to be hurled as ‘witch’ might have been hurled in the Middle Ages. But for me, ‘Holocaust Denier’ is a label I accept. This is not because I don’t think anything bad happened to Jews at the hands of the National Socialists – for what it’s worth the real story of brutal ethnic cleansing moves me far more than any ‘Holocaust’ – and it’s certainly not because I think any such assault is right and proper. No, I deny the Holocaust because, as constituted, exploited and enforced, the Holocaust narrative is a false and abusive god, and I wish to put as much moral distance between it and myself as I can. | http://pauleisen.blogspot.co.uk/2012/12/how-i-became-holocaust-denier-by-paul.html | 2013-05-18T11:02:33 | CC-MAIN-2013-20 | 1368696382261 | [] |
Mark 9:23 - If you can? said Jesus. Everything is possible for him who believes.
Out of Matthew, Mark, & Luke telling the same story about the healing of a boy with a demonic spirit, only Mark mentions this powerful verse. It’s a neat little insight into the audience for which Mark intended. By most accounts Mark’s Gospel was primarily pastoral, targeting a people who’ve already heard the Good News of Christ but needed to be reminded of its power and purpose for everyday life.
And just as early Christians needed this reminder, modern Christians do as well, and even more so.
Everything is possible! We hear it in songs, catch phrases, church chants, maybe even from the Tony Robbins gurus of today. Everything is possible! But there’s a big – but – in the middle of that possibility.
The father of this boy brought his son to the disciples for help. He needed something significant to happen – now! Jesus had earlier taken Peter, James, and John up a mountain for prayer where he was transfigured as he met with Moses and Elijah. The remaining disciples were at the foot of the mountain where this father met them. They prayed for the boy – but nothing happened.
Jesus came down and noticed the commotion. The father desperately approached Jesus for help. And the boy’s father said something that really made a lot of sense to a man who desperately needed help but disappointed at every turn, “IF you can do anything, help!”
Haven’t we’ve all been there? We need and need and need. We seek and seek and seek. When we don’t get the help we want. We don’t get the answer we seek. We become discouraged and more desperate. We’ll almost take anything, any glimmer of hope or help we can get.
So, we say IF, grasping for the possibility, pushing believability to the side.
IF you can. IF it’s possible. IF there is a way. IF there is anyway. Searching and hoping.
But Jesus repeated the father’s IF, in order to turn it into IS.
Jesus repeated the father’s own words to get his attention. As to say, “Do you understand what you’re saying?” You know, like what our parents and teachers do to us when we make a mistake or say something grammatically incorrect. (Still happens to me a lot)
Our desperation and need should draw us closer to Christ, not away. When we need help, we ask and pray. But when we don’t receive the answer we think we should, we start to drift and disbelieve. Then we begin to question. The IF’s become more of a reality than faith in the power of Christ.
Jesus said, “If you can?” As in, “Yes I absolutely can!” – “Yes I can, don’t doubt, don’t question.”
Jesus said, “Everything IS possible for him who believes.” Don’t turn that IS into an IF.
Christ’s CAN is my IS. | http://paulhorton.wordpress.com/2013/02/26/your-can-is-my-is/ | 2013-05-18T10:20:56 | CC-MAIN-2013-20 | 1368696382261 | [] |
LINCOLN — It was mission accomplished at the Senior Center on Wednesday as the town's Thanksgiving Basket Drive wrapped up with the final baskets going out to local families.
Dave Sale, town facilities manager, reported that a total of 325 baskets were delivered to families in time for the Thanksgiving holiday, about 75 more than were prepared last year.
"It was the bad economy, absolutely, no question about it," Sale said.
The Senior Center staff prepared the list of families needing assistance and many were referred to the program by family and friends. Some families reported difficulty in meeting expenses such as heating and housing costs due to the loss of a job and the inability to find a new one, according to Sale. The food baskets are intended to give families a break from their economic struggles and allow them to focus on meeting other expenses, Sale noted.
The number of families falling into difficult times is becoming alarming, he said.
"This year the phones never stopped ringing, right up today," he said.
The drive was assisted by a wide-ranging group of volunteers that included students and faculty at the high school, local church groups, local businesses, and town employees and volunteers. The drive began with the collection of non-perishable items at several town locations and culminated with the high school's spirit week activities and food collections. After the canned goods and other items were sorted, the volunteers used donated funding to purchase any of the items needed to complete the baskets, such as loaves of bread and other perishables. Each basket included a turkey, 10 pounds of potatoes and Thanksgiving staples such as squash, carrots, cranberry sauce and a pie.
Members of the Lincoln High School Student Council worked a distribution detail at the high school on Tuesday where many families went to pick up their baskets.
Also helping out this year were Terrie and Robin Farel, George Hadley, Sharon Barr, Joe and Sue Cerra, Richard DiMase, and Maryann McChomisky, a counselor at the high school.
Sale and his volunteers also made deliveries to elderly shut-ins and prepared a final round of baskets at the Senior Center Wednesday afternoon. The volunteers are not quite done for the year, Sale noted. Beginning Monday, the group will start work on preparing another round of baskets for the Christmas holiday, which will include toys and gifts for children in addition to a wider range of foods.
Links:
[1] Lincoln Thanksgiving baskets with cap JN.jpg | http://pawtuckettimes.com/print/6493 | 2013-05-18T10:13:22 | CC-MAIN-2013-20 | 1368696382261 | [] |
Pine Bluff Fire and Emergency Services personnel responded to 325 calls last month, a decrease of 49 calls from the previous month, according to their monthly report prepared by Capt. Harold Clark Jr.
As usual, emergency medical calls topped the list as the department responded to 204 in February, 19 fewer than in January.
There were 11 structure fires reported in February, two fewer than in January, and six vehicle fires, three less than the previous month.
During the monthly meeting of the City Council’s Public Safety Committee Monday, Chief Shauwn Howell said four of those fires were determined to be arson.
Howell said “there was no clearcut pattern” as to the location of the fires.
“These affected all parts of Pine Bluff,” Howell said.
Clark reported that the department conducted 64 inspections in February, issued 11 burn permits and installed 40 smoke alarms.
They responded to 19 alarms, 14 fewer than in January, and six brush, grass or rubbish fires.
On another subject, Howell said the department is expecting remodeling work to be completed on two stations within the next 30 days, and work crews have started clearing land at West 32nd Avenue and Beech Street for a new station, which will replace Station 3, currently located at 30th Avenue and Ash Street.
That work is expected to be completed in about a year, Howell said. | http://pbcommercial.com/sections/news/local/fire-calls-decrease-february.html | 2013-05-18T10:54:54 | CC-MAIN-2013-20 | 1368696382261 | [] |
Editor, The Commercial
Nestled beneath the river banks in the state of Arkansas, there lies within its boarders a certain city with a particular group of people.
Directly in the heart of this little city was murder, mishaps and mayhem. The people referred to these things as a rat problem. So they chose themselves a mayor to get rid of the rat problems. But the mayor ruled with a iron fist and crushed all those who opposed him. So that didn’t work. They also formed a city council, but the council couldn’t agree on anything except the fact that the city was being overrun by rats. So that didn’t work. And they even formed a police force to police the rats. But at the rates of crime in this little city, the rats manifested themselves in every other house. So that didn’t work.
Therefore, the people were resolved on what to do. They blamed the mayor, the mayor blamed the council and the council blamed the police. The whole city was in total chaos and the people cried “bring in the snakes, bring in the snakes.” Finally, the mayor brought in the snakes and got rid of all the rats. However, as foreseen only by the mayor, the little city no longer has a rat problem but it now has a problem with snakes.
Arnice Rogers
Pine Bluff | http://pbcommercial.com/sections/opinion/letters/little-city-develops-problem-snakes.html | 2013-05-18T10:40:35 | CC-MAIN-2013-20 | 1368696382261 | [] |
By PBN Staff
Twitter: @ProvBusNews
PROVIDENCE – Rhode Island saved over $7 million by refinancing $122.9 million in existing debt, General Treasurer Gina M. Raimondo announced Wednesday.
The refinancing, which was the state’s first bond sale of 2012, took debt with interest rates ranging from 4 to 5 percent and replaced it with new debt averaging interest rates of 2.5 percent.
As part of the bond issue, the Ocean State also restructured $20 million in Department of Transportation debt paid from the motor vehicle tax.
“Our strong showing in the bond market this week is an indication that Rhode Island is moving in the right direction,” Raimondo said in prepared remarks. “This successful refinancing is good for our taxpayers.”
This bond issue priced at rates more favorable in a national comparison than the state’s last bond sale in August 2011, according to a release.
“This evidences stronger investor confidence in the state's credit quality and enhanced the state's savings on this refinancing,” said Maureen Gurghigian, managing director of FirstSouthwest, the state’s financial adviser.
“It is also important to note that this successful offering is proof that investors are recognizing the state's positive work on pension reform,” she added.
The three main national rating agencies – Fitch, Moody’s and Standard & Poor – all affirmed the state’s bond rating in connection with the sale and noted the state’s pension reform legislation positively in the reports. | http://pbn.com/State-saves-millions-by-refinancing-,67100?category_id=31&sub_type=stories,packages | 2013-05-18T10:53:09 | CC-MAIN-2013-20 | 1368696382261 | [] |
SAN MATEO, USA: Worldwide PC microprocessor unit shipments in the first calendar quarter of 2010 (1Q10) declined 5.6 percent compared to 4Q09, according to the latest PC processor study from IDC.
A decline between a calendar year's fourth quarter and the next calendar year's first quarter is typical of seasonal demand patterns but this decline is less than normal. When compared to 1Q09, shipments in 1Q10 rose 39 percent. Total market revenue in 1Q10 fell 2 percent compared to 4Q09 and rose 40.4 percent compared to 1Q09.
"PC processor shipments typically decline around 7 to 8 percent going from fourth quarter to first quarter," said Shane Rau director of Semiconductors: Personal Computing research at IDC. "A decline of 5.6 percent percent quarter over quarter, desktop PC processors declined 5.1 percent quarter over quarter, and PC server processors declined 1.4 percent quarter over quarter.
The overall market average selling price in 1Q10 rose 4.1 percent quarter over quarter due to more high-end processors in the total mix compared to 4Q09. Notably, Intel's low-end Atom processor for mininotebooks (also known as netbooks) represented 20 percent of Intel's mobile PC processor mix in 1Q10, which is down from 24 percent percent unit market share, a gain of 0.5 percent, while AMD earned 18.8 percent, a loss of 0.6 percent, and VIA Technologies earned 0.2 percent.
In 1Q10 by form factor, Intel earned 87.8 percent share in the mobile PC processor segment, a gain of 0.5 percent. AMD finished the quarter with 12.1 percent, a loss of 0.6 percent, and VIA earned 0.1 percent.
In the PC server/workstation processor segment, Intel finished with 90.2 percent market share, a gain of 0.4 percent and AMD earned 9.8 percent, a loss of 0.4 percent. In the desktop PC processor segment, Intel earned 71.7 percent, a gain of 0.6 percent, AMD earned 28 percent, a loss of 0.7 percent, and VIA earned 0.3 percent.
Market outlook
IDC's forecast for worldwide PC processor unit growth in 2010 is 15.1 percent.."
Friday, April 30, 2010
PC MPU unit shipments experience modest sequential decline in Q1, rise 39pc YoY
Note: Only a member of this blog may post a comment. | http://pcsemicon.blogspot.com/2010/04/pc-mpu-unit-shipments-experience-modest.html | 2013-05-18T11:01:45 | CC-MAIN-2013-20 | 1368696382261 | [] |
Women and Youth Development Scholarship Program - Revision history 2013-05-18T10:43:08Z Revision history for this page on the wiki MediaWiki 1.16.2 Wikibot: New page: {{Project |project=Women and Youth Development Scholarship Program |projecttype=PCPP |country=El_Salvador |firstname=M |lastname=Ward |state=New_York |communityfunds=$4010 |communitypercen... 2009-05-18T13:41:26Z <p>New page: {{Project |project=Women and Youth Development Scholarship Program |projecttype=PCPP |country=El_Salvador |firstname=M |lastname=Ward |state=New_York |communityfunds=$4010 |communitypercen...</p> <p><b>New page</b></p><div>{{Project<br /> |project=Women and Youth Development Scholarship Program<br /> |projecttype=PCPP<br /> |country=El_Salvador<br /> |firstname=M<br /> |lastname=Ward<br /> |state=New_York<br /> |communityfunds=$4010<br /> |communitypercentage=62%<br /> |requestedfunds=$2444<br /> |neededfunds=$2444<br /> |projectnumber=519-122<br /> |projectyear=2009<br /> }}<br />.<br /> <br /> The purpose is dual-faceted:<br /> <br /> 1. To provide academic scholarships and technical training to underprivileged, young Salvadoran women pursuing their middle school, high school, and university degrees; and<br /> <br /> 2. To ensure the sustainability of the Program through a local partnership made up of the Board of Directors.<br /> <br />.<br /> <br /> Through monies raised by the Partnership Program, WYD will provide the funds to the scholars to continue their formal education, to attend the WYD technical training workshop and annual ceremony, and maintain the WYD Program’s overhead operating costs.</div> Wikibot | http://pcwiki.peacecorpsconnect.org/Women_and_Youth_Development_Scholarship_Program?title=Women_and_Youth_Development_Scholarship_Program&feed=atom&action=history | 2013-05-18T10:43:08 | CC-MAIN-2013-20 | 1368696382261 | [] |
PDS moms bearing Muddy's cupcakes are my favorite. #ilovemyjob #PDSmem
PDS moms bearing Muddy's cupcakes are my favorite. #ilovemyjob #PDSmem
Eight minutes until show time @pdsmemphis! #treasureisland
Give me your best pirate face. @pdsmemphis #treasureisland
One musn't cross Billy Bones. @pdsmemphis #treasureisland
Ready to get our pirate on @pdsmemphis! #treasureisland
All registrations will be processed online at, and a confirmation email will be sent to you when you have correctly completed the registration process. If you have any questions about or problems with the enrollment process, please email or call Kathleen McCallen.
All classes are open to both boys and girls unless otherwise stated. Admission is granted to qualified students in the order in which our database receives your registration. Registration will remain open online until the first day of camp unless a registration deadline is specifically stated. If you have any last minute inquiries about availabile space in a specific camp, please call or email Kathleen. Many classes fill up, so we encourage you to enroll early!
Payment for each class is due up front at the time of registration. If, at any, however, certain full-day camps do allow for drop-ins at the rate of $50 per child, per full day. Please contact Kathleen with any questions regarding drop-in availability.
T-shirt, shorts, socks, and athletic shoes are most appropriate. Sandals are allowed, but athletic shoes are required for gym and field activities. Students are encouraged to bring either a pullover or a jacket for indoor activities, as our air-conditioned rooms can be chilly.
Snacks are provided by PDS during all of our camps, though children staying for the full day will need to pack their own lunch. A supervised lunch break will be provided at no extra charge for those students.
Early drop-off/check-in for morning camps begins each day at 8:30am [12:30pm for afternoon camps]. Camp ends each day either at 3:00 or 4:00pm, depending upon which camp your child attends. Both before-camp (BCC) and after-camp care (ACC) will be available. BCC will be $20 per week and ACC will be $30 per week. Please call or email Kathleen in the camp office to arrange before- or after-hours care.
Camper check-in/drop-off point for every summer camp or class held on the PDS campus (in addition to both Before Care drop-off and After Care dismissal) will be located at the main elementary lobby by the gym. If a camper attends a class held in the Early Childhood building, dismissal point will be at the Early Childhood entrance. If a camper attends a class held in the Elementary building or in the gym, dismissal point will be the main school lobby.
It is expected that every student attending PDS Summer Adventures.
*Full-Day camps run from 9:00a-3:00p.
Summer Adventures will be closed: | http://pdsmemphis.org/index.php?option=com_content&view=article&id=15361&Itemid=1229 | 2013-05-18T10:40:31 | CC-MAIN-2013-20 | 1368696382261 | [
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Portland Jazz Festival 2012 Jazz Conversations: Vijay Iyer and Sean BrennanMarch 1, 2012
Vijay Iyer
Listen to Vijay Iyer and Sean Brennan
Jazz Conversations are recorded by Oregon Music News and are available at entry was posted in 2012, Multimedia, Portland Jazz Festival. Bookmark the permalink. ← Grape and Two Grand’s – Wine Tasting Event & Concert Rising Star Ben Williams and Sound Effect /PDX Jazz @ Jimmy Mak’s Monday, March 12th @ 7:00 and 9:00pm →
Major Sponsors
| http://pdxjazz.com/portland-jazz-festival-2012-jazz-conversations-vijay-iyer-and-sean-brennan | 2013-05-18T11:02:09 | CC-MAIN-2013-20 | 1368696382261 | [
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Painter: Rudolph F. Zallinger
Date: 1942 to 1947
Technique: Renaissance fresco secco
Time Period: Devonian Period (362 million years ago) to Cretaceous Period (65 million years ago)
Dimensions: 110 feet (33.5 meters) by 16 feet (4.9 meters)
The Age of Reptiles mural occupies the full length of the east wall of the Yale Peabody Museum’s Great Hall, where it presides over the exhibition gallery built in 1925 to accommodate the skeleton of the massive Apatosaurus (“Brontosaurus”) and other dinosaurs discovered and named by the Museum’s founder, O.C. Marsh. The mural is a work of art that showcases a panorama of the evolutionary history of the earth based on the best scientific knowledge available at the time. The chronology of the mural, read from right to left,, USA. | http://peabody.yale.edu/store/age-reptiles-mural | 2013-05-18T10:13:17 | CC-MAIN-2013-20 | 1368696382261 | [] |
- Ryukyu Shimpo, Special Section on "The Issue of Futenma Air Station Relocation"
- Miyagi Yasuhiro, "Okinawa and the Paradox of Public Opinion: Base Politics and Protest in Nago City, 1997 - 2007," The Asia-Pacific Journal, 2007
- Sato Manabu, "Forced to 'Choose' its Own Subjugation: Okinawa's Place in U.S. Global Military Realignment," The Asia-Pacific Journal, August 2, 2006
- Miyagi Yasuhiro, "Eliminating Bases from Okinawa on the 'Zero-Base' Part I," Nagonagu Zakki, February o5, 2010
- Kikuno Yumiko and Norimatsu Satoko, "Henoko, Okinawa: Inside the Sit-In," The Asia-Pacific Journal, 8-1-10, February 22, 2010.
- Makishi Yoshikazu, "US Dream Come True? The New Henoko Sea Base and Okinawan Resistance," The Asia-Pacific Journal, February 12, 2006
1996
The Japan-US agreement on the Special Action Committee on Okinawa (SACO) called for Futenma Air Station to be shut down and returned to Okinawa by the end of 2003. This agreement was made on condition that an alternative facility ("Sea Based Facility") would be constructed within Okinawa. However, it was impossible to find a construction site that the US Military, Japanese Government, Okinawa Prefecture, the municipal office and residents of the local area would agree on.
The following locations were proposed: 1) The northwest forest area within the Kadena
(The blue dots on the diagram above shows the locations of this initial discussion for SACO. The red dots shows the locations that were reconsidered for the US realignment in 2005 and after.)
In the end, the U.S. and Japanese governments agreed in the SACO final report on a site: the coastal area adjacent to Camp Schwab, without specifying an exact location. Naturally, Nago citizens were alarmed.
SACO called for Futenma's return largely in response to huge anti-US base rallies the year before in 1995, held in the rising sentiment after three US Marines raped a 12-year-old Okinawan girl. A total of 100,000 people participated in the rallies.
The initial plans for the replacement base called for a small, temporary facility, for helicopter use only, that could be removed easily when it became unnecessary.
1997
On December 21, Nago Plebiscite was held. The majority of the citizens were against a new base. On December 24, Higa Tetsuya, then Nago Mayor, expressed his support for the base with Prime Minister Hashimoto and announced his resignation right at the Prime Minister's residence in Tokyo.
1998
On February 6, two days prior to the Mayoral Election, Ota Masahide, then Okinawa Governor expressed his opposition against the replacement facility plan. In the following Mayoral election, Tamaki Yoshikzau, whom the base opponents supported, was defeated by pro-base Kishimoto Tateo by a narrow margin (Tamaki 15,103 votes; Kishimoto 16,253). The conflicting results of the 1997 plebiscite and the 1998 mayoral election have been referred to as the "public opinion paradox." While Okinawan voters opposed new military base construction in opinion polls, when it came to election times, they placed greater importance on economic rejuvenation brought by government subsidies provided to host communities of military bases.
The temporary heliport plan changed drastically when Inamine Keiichi became governor in 1998.
1999
Governor Inamine announced plans for a large-scale offshore airport. The airport would be for dual military-civilian use for 15 years, after which it would become entirely civilian. Part of the problem was that the U.S. government never gave serious consideration to the 15-year military use cap. The estimated construction time itself would have been 15 years. Such a base would destroy the coral reef, and the massive land reclamation would kill off the area's dugongs (endangered Asian manatees).
Upon Governor's request, Nago Mayor Kishimoto Tateo also accepted this conditional plan. This plan with the above conditions by Okinawa was approved in a Cabinet meeting as well.
2002In April,.
2005
Rather than directly face off against the protesters as the Japanese government did, the U.S. military had a different idea: Quadrennial Defense Review (QDR), or global military transformation. Instead of letting Futenma and Henoko be political issues within Okinawa, QDR transformed these issues into part of a global military realignment.
On October 29, 2005, Japan and the U.S. agreed on a new plan to build a 1,800 meter-long runway inshore from Henoko, partially on the peninsula, instead of entirely offshore. This facility would have a military port function (the "L-shape" plan - see the upper part of the diagram below).
This way, Governor Inamine's idea of an offshore dual-use airport was abandoned without even nominal consultation.
The new base would be fundamentally different from Futenma in its capabilities . T
2006
In April, Nukaga Fukushiro, Japan’s Defense Agency chief at the time, told Nago mayor Shimabukuro Yoshikazu about yet another new plan, this time to build a V-shaped runway. Shimabukuro and Ginoza Mayor agreed. (Then Okinawa Governor Inamine did not agree, but later new Okinawa Governor Nakaima supported Nago Mayor.) In May, the Cabinet passed a resolution to build these runways, with an even larger port facility -- perfect for Marines (the "V-shape" plan - see the lower part of the diagram)
May 2006 "Roadmap for Realignment Implementation"
"The United States and Japan will locate the FRF (Futenma Replacement Facility) in a configuration that combines the Henoko-saki and adjacent water areas of Oura and Henoko Bays, including two runways aligned in a "V"-shape, each runway having a length of 1,600 meters plus two 100-meter overruns. The length of each runway portion of the facility is 1,800 meters, exclusive of seawalls (see attached concept plan dated April 28, 2006). This facility ensures agreed operational capabilities while addressing issues of safety, noise, and environmental impacts."
2009
In September, a new coalition government of DPJ (Democratic Party of Japan), PNP (People's New Party), and SDP (Social Democratic Party of Japan) is formed. The new government starts to review the whole FRF plan.
2010
On January 25, Inamine Susumu, the anti-base candidate wins the Nago Mayoral Election. This election was viewed by many that for the first time in thirteen years since the 1997 plebiscite, the "public opinion paradox" - the incongruence between the public opinion and election results was resolved.
Miyagi Yasuhiro concludes, "At the time of the Nago referendum in 1997, the new base was going to take the form of a removable marine heliport. In 1999, that was changed to a joint military-civilian "airport." In 2006 the new base was further widened to require coastal landfill. In the 10 years of delay, the two governments have exponentially increased the capacity of the substitute air base. "
Back to 1966...
Miyagi also refers to the two plans that were drawn up by the US Navy and the Marine Corps in 1966 for an airport in Henoko, very much like the plan in the 2006 agreement. (See Makishi Yoshikazu's article for details.) "It is no longer a substitute for Futenma Air Station, but it now appears that Japan is constructing what the US military has wanted to build since the 1960s."
And now...
For the current plans considered by the Hatoyama Government, see the recent posts below.
No Longer "Relocation" - An Idea of a Massive Artificial Island with Three Runways over 3,000 metres
Airbases, a Military Port, and a Casino
Listen to the Unequivocal Voice of Okinawa - Once and for All | http://peacephilosophy.blogspot.com/2010/03/this-is-history-of-development-of.html | 2013-05-18T11:03:23 | CC-MAIN-2013-20 | 1368696382261 | [
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