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der Interaktion Barth-Weingarten, D. & Szczepek Reed, B., Nov 2014, Mannheim: Verlag für Gesprächsforschung. Prosodic, lexical and sequential cues for assessments with German süß: Assemblages for action and public commitment. Szczepek Reed, B. B., Nov 2014, Prosodie und Phonetik in der Interaktion – Prosody and Phonetics in Interaction. Barth-Weingarten, D. & Szczepek Reed, B. (eds.). Mannheim: Verlag für Gesprächsforschung, p. 162-186 Preventing Youth Violence: Rethinking the Role of Gender and Schools Sundaram, V., 12 May 2014, Basingstoke: Palgrave Macmillan. 129 p. Political literacy in Japan and England Davies, I., Mizuyama, M., Ikeno, N., Parmenter, L. & Mori, C., 2014 Article in Citizenship, Social and Economics Education Phonetic practices for action formation: Glottalization versus linking of TCU-initial vowels in German Szczepek Reed, B., Feb 2014 Philosophy for children and scientific literacy Dunlop, L., 2014. Perceptions, attitudes and choosing to study foreign languages in England: An experimental intervention Taylor, F. & Marsden, E. J., 10 Nov 2014, (E-pub ahead of print) Article in The Modern Language Journal Perceptions of students and teachers in England about how social media are used (and how they could be used) in schools and elsewhere Davies, I. & Sant, E., 2014, The Networked Young Citizen: social media, political participation and civic engagement. Loader, B., Vromen, A. & Xenos, M. (eds.). Routledge, p. 131-157 27 p. Patterns of boredom and its relationship with perceived autonomy support and engagement Tze, V. M. C., Klassen, R. & Daniels, L. M., Jul 2014 Article in Contemporary Educational Psychology Pathways beyond graduation: exploring the characteristics of those who progress to postgraduate study, and the barriers perceived by those who don't Hancock, S., Wakeling, P. & Hampden-Thompson, G., 12 Dec 2014, SRHE Annual Research Conference 2014. Online Maths Tuition: Trial Protocol Torgerson, D. J., Torgerson, C., Hampden-Thompson, G., Mitchell, N., Buckley, H. L., Heaps, C., Jefferson, L. A., Hewitt, C. E. & Ainsworth, H. R., 2014, London: Education Endowment Foundation. On the predicaments of the English L1 language learner: a conceptual article Lanvers, U., 30 Oct 2014 Article in International Journal of Applied Linguistics Looking after number one: Associations between psychopathic traits and measures of social reward and functioning in a community sample of males Foulkes, L. E., Seara-Cardoso, A., Neumann, C., Rogers, J. & Viding, E., Mar 2014 Article in Journal of Psychopathology and Behavioural Assessment Linking CALL and SLA: Using the IRIS database to locate research instruments Handley, Z. & Marsden, E., 2014, CALL Design: Principles and Practice; Proceedings of the 2014 EUROCALL Conference, Groningen, The Netherlands. Jager, S., Bradley, L., Meima, E. J. & Thouësny, S. (eds.). Dublin: Research-publishing.net, p. 1-6 Linguistics and language education Kumar, R. & Yunus, R., 26 Jun 2014 Article in Contemporary Education Dialogue Knowledge of nativelike selections in a L2 Foster, P., Bolibaugh, C. & Kotula, A., 1 Mar 2014 Article in Studies in Second Language Acquisition It's the permanence of online abuse that makes cyberbullying so damaging for children Kyriacou, C. & Zuin, A., 31 Jul 2014, 2 p. Inverted social reward: Associations between psychopathic traits and self-report and experimental measures of social reward Foulkes, L. E., McCrory, E., Viding, E. & Neumann, C., 27 Aug 2014 Intelligence, gender, and assessment method affect the accuracy of self-estimated intelligence Von Stumm, S., 1 Jan 2014 Article in British journal of psychology Implicit learning and reading: Insights from typical children and children with developmental dyslexia using the artificial grammar learning (AGL) paradigm. Pavlidou, E. & Williams, J., Jul 2014 Article in Research in Developmental Disabilities IRIS: a new resource for second language research Marsden, E. J. & Mackey, A., 1 Jan 2014 Article in Linguistic Approaches to Bilingualism Hidden variation in school performance tables: the difficulties in identifying mathematics departments that are effective for disadvantaged students Baldry, F., Ingram, J., Pitt, A. & Elliott, V. F., Mar 2014 Article in Informal Proceedings of the British Society for Research into Learning Mathematics Handouts not handups Wakeling, P., 5 Dec 2014 Fostering Learning Improvements in Physics Hardy, J., Hancock, S., Johnson, O., Galloway, R., Wallace, M., Draper, S. & Bates, S., 2014, Economic and Social Research Council/ Institute of Physics. 54 p. Focus on Research: IRIS for teachers and researchers Marsden, E. J., Key, J. & Mackey, A., Jan 2014, TESOL Connections. Fair-Minded Critical Thinking in Development Education: Reflections on pedagogies for transformation Brown, E. J., Mar 2014, (Accepted/In press) Article in International Journal of Global Learning and Development Education Facts and findings: A reply to Powell and Nettelbeck (2014) von Stumm, S., Hell, B. & Chamorro-Premuzic, T., 1 Nov 2014 Article in Personality and Individual Differences Fabricated evidence: Exploring authenticity in a murder mystery's appropriation of Early Modern drama Olive, S., Mar 2014 Article in Journal of Adaptation in Film and Performance External Review of the MA in TESOL Programe, University of Malta Hardman, J., 2014, University of Malta. External Programme Review: MA in TESOL, University of Malta Exploring the development of teacher efficacy through professional learning experiences Beauchamp, L., Klassen, R., Parsons, J., Durksen, T. & Taylor, L., Feb 2014, Alberta Ministry of Education. 80 p. Exploring the acquisition of the French subjunctive: local syntactic context or oral proficiency? McManus, K., Tracy-Ventura, N., Mitchell, R., Richard, L. & Romero de Mills, P., 2014, Proficiency Assessment Issues in SLA research: Measures and Practices. Leclercq, P., Emonds, A. & Hilton, H. (eds.). Bristol: Multilingual Matters, p. 167-190 Exercise and Depressive Symptoms in Adolescents: A Longitudinal Cohort Study Toseeb, U., Brage, S., Corder, K., Dunn, V. J., Jones, P., Owens, M., St Clair, M. C., van Sluijs, E. MF. & Goodyer, I. M., Dec 2014 Article in JAMA Pediatr Examining the factor structure and validity of the English Precursors to Boredom scales Tze, V. M. C., Daniels, L. M. & Klassen, R. M., May 2014 Article in Learning and individual differences Effects of task repetition on written language production in Task Based Language Teaching. Indrarathne, B., 2014, Proceedings of the 8th International Postgraduate Conference in Linguistics and Language Teaching. Lancaster, p. 41-65 65 p. Effectiveness of implicit negative feedback in a foreign language classroom: the role of input, frequency and saliency Mifka-Profozic, N., 2014 Article in EUROSLA Yearbook East and West in Citizenship Education: Encounters in education for diversity and democracy Mizuyama, M., Davies, I., Jho, D., Kodama, S., Parker, W. & Tudball, L., Dec 2014 Article in Citizenship Teaching & Learning EUROSLA Yearbook 2014 Roberts, L. (ed.), Vedder, I. & Hulstijn, J. H., 2014, John Benjamins. 261 p. Does a social pedagogy perspective underpin the views of university students in England, Greece and Norway regarding bullying in schools? Kyriacou, C., Stephens, P. & Mylonakou-Keke, I., 1 Sep 2014, (Unpublished) ECER 2014 Conference Programme. Diversity, Difference and Communities in English Secondary Schools Tsouroufli, M., Sundaram, V., Davies, I., Hampden-Thompson, G., Lord, P. & Jeffes, J., 2014 Article in The International Journal of Community Diversity Differential role of language analytic ability in two distinct learning conditions Mifka-Profozic, N., 2014, Measured Language: Quantitative Studies of Acquisition, Assessment, and Variation. Connor-Linton, J. & Amoroso, L. W. (eds.). Washington D.C.: Georgetown University Press, p. 141-155 14 p. 10. (Georgetown University Round Table on Languages and Linguistics Series). Defining citizenship education Davies, I., 2014, Learning to teach citizenship in the secondary school: a companion to school experience. London : Routledge, p. 18-29 12 p. Cross-modal priming with sentences Roberts, L., 2014, Research Methods in Second Language Psycholinguistics. Jegerski, J. & VanPatten, B. (eds.). New York: Routledge, p. 212-230 19 p. (Second Language Acquisition Research Series). Creating citizenship communities: education, young people and the role of schools Davies, I., Tsouroufli, M., Hampden-Thompson, G., Sundaram, V., Breslin, T., Thorpe, T. & Bramley, G., 2014, Palgrave Macmillan. 241 p. Creating Citizenship Communities Sundaram, V., Hampden-Thompson, G., Bramley, G., Tsouroufli, M., Breslin, T. & Thorpe, T., 2014, (Accepted/In press) Palgrave Macmillan. Constructing an evidence-base for future CALL design with 'engineering power': The need for more basic research and instrumental replication Handley, Z. L., 2014, (Accepted/In press) Article in EUROCALL Review Conference session: International volunteering and development - learning to be a global citizen? Skinner, A., Brown, E. J., Griffiths, M., Kontzi, K. & Koleth, M., 2014 Article in Voluntaris Communities of enquiry in science education Combining methodologies of cognitive psychology and eye-tracking to investigate impact of emotions on clinical reasoning McKendree, J., Klassen, R., Henderson, J. & McIntyre, N., Aug 2014, p. 43-46. 4 p. Civic activism, engagement and education: issues and trends Davies, I. (ed.),
« I Got Retweeted by Joyce Carol Oates | Main | More Poems for Philosophers » I have always demanded, wisely or not, my autonomous creative space away from my professional commitments. It may be that I do not in fact have a right to such a space. After all, when you become a diplomat, say, or a priest or a supreme court judge, it is generally understood that your are foregoing your freedom to be, at least publicly, more than a diplomat or a priest or a judge. But the professorial career doesn't rise, I don't think, to that level of vocational self-erasure, where one is no longer free to be more than what one is. Nonetheless, it's a damned hard path to carve out: a multi-layered life of different kinds of creative and intellectual output. Those who succeed in forging such a life are both courageous and innately talented-- I'm thinking for example of Adrian Piper (artist and philosopher) or William Gass (novelist and philosopher). There are no doubt countless others who were squeezed out of the academy when they came to understand that staying in would likely require the sacrifice of certain other dimensions of their personhood. Yet something is happening in the present moment that complicates matters a great deal. All of a sudden, there seems to be a general reversal of the valence of extramural activities undertaken by academic philosophers, from bad to good. There is a hitch however: these activities must be subsumable within the academy under the banner of "outreach". I have resented the academy's claims on my time and my soul so much over the years that I have often taken rather destructive measures to distance myself from my discipline, pursuing my own ends, working in non-academic genres of writing. For a long time this seemed to come at a cost. Recently, however, I have been noticing that this writing is being taken up by philosophy peers as a contribution to the broader public mission of the discipline. It seems, now, there's just no escape. I take the recent rise of public philosophy as an attempt by the neoliberal academy to claim for itself everything we do, to leave us no space for autonomy except perhaps within the privacy of our families. This overreach, of course, is facilitated by the new technologies that also prevent us from ever truly finishing our work day or our work week or our work year, the surveillance devices that pick up traces of our creative activity, convey them to our peers, and let them know that we are not at the present moment reviewing tenure dossiers or grant applications, and this with no legitimate alibi that we are spending time with our family or sleeping. (The current ubiquitous celebration of the family among progressive academics within the neoliberal academy is, I suspect, in turn, an expression of anxiety: work has destroyed our creative autonomy, and it is coming for our intimacy too, as increasingly technology is making it possible to monitor the health of our most private relationships from outside. So for the moment academics tweet about going to their kids' sports events and watching TV with the fam and so on, and they pretend this is down-time from their jobs. But is it really?) The concern here parallels, I think, Jonathan Kramnick's recent criticism of "interdisciplinarity". Of course it's good in principle to reach out across disciplinary boundaries and to learn as much as you can from other specialists and create beautiful music together. The problem is with the way this obvious desideratum is instrumentalized by people who really are not interested at all in our beautiful music. They want us to cross boundaries because that is a first step towards our elimination. Water that spills over the edge of a pool evaporates faster. And similarly with public philosophy: something that is in itself an obvious human good is something we need at least to be cautious about when it becomes an institutional good. Of course in some sense Gass's or Piper's entire oeuvre is "public philosophy": the fact that these artists are philosophers informs what they do in fundamental ways. But this isn't what the neoliberal academy means when it encourages "public philosophy". What it is encouraging, rather, is a variety of "service", as in, that one-third of the promotion dossier that hangs there at the end, the poor cousin of teaching and research. The academy will try, to the extent possible, to subsume whatever creative work one of its own puts out there, redescribing and repackaging our work as if it were done for the sake of the guild. But there is a limit to what redescription can do. It is very adept at absorbing non-fiction prose writing, less so when it comes to fiction. And it doesn't even bother to try to claim the poetry or visual art of guild members as its own. Piper's parallel career as a visual artist is radical, defiant, and threatening; Gass's career as a novelist is a curiosity. I can think of a number of cases of academic philosophers who are also successful musicians; the academy generally celebrates them, in its own way-- which often means unwittingly belittling their musical work with the inane and impoverishing label of "hobby". This is a word for control freaks, for domestic abusers who see their partners' accomplishments and passions as trivial, for mid-century misogynist journalists who assumed that Frida Kahlo was the lesser partner in her relationship with Diego Rivera; for institutions that don't want their employees to do anything but work, and that will tolerate other endeavours only to the extent that they are seen to have some restorative effect that improves production the following day. This uneasy relation to disciplinarily non-specific creation reveals a deep unease about the place of philosophy in the world, and it speaks to the dismal consequences of many decades of retreat from the world by anglophone philosophy that the only means it has to engage with the broader culture is by clunky conjunction: Spider-man and Philosophy, Breaking Bad and Philosophy, and so on, those awful edited volumes that accumulate in the philosophy section of every suburban Barnes & Noble. I'd imagine there are contributors to the books in this series who make the case to their peers and administrators that this counts as "public philosophy". Good for them if it helps them to secure their positions, but woe unto the era that sees philosophy as something that can only engage with culture as if across a divide, bringing its "tools" to make sense of a world where it does not naturally belong, for the purpose of low-status service to the discipline, appreciated, but not that much, like heading up the libraries committee. One thing this dreary arrangement forgets is that there is an old and venerable model for philosophers to engage with culture, not with an "and" but with an "in". This is what is known as "criticism". It has often been produced by philosophers, or by people sufficiently immersed in a learned tradition to know as much about philosophy as one would come to know in the process of getting officially licensed by the guild. Lessing did it, Schiller did it, Adorno did it: they wrote about the cultural output of their time, not as a parenthesis in their philosophical careers for the sake of some light-hearted Entspannung, not to show "non-philosophers" that philosophy can be "fun", but because they were philosophers and it was obvious to them that such endeavours, creative and intellectual at once, were within the scope of their calling. They hated fun, or at least did not consider it something to be valued for its own
What an exciting time it is to be in Detroit. The comeback of this great city is in full swing and Cobo Center is at the forefront of this great story. The final phase of the $279 million transformation of Cobo Center is complete and the results are breathtaking. Beyond the interior changes, the outdoor space has been reimagined with a beautiful terrace overlooking the Detroit River and a large public square. The Detroit Regional Convention Facility Authority's vision of a world class convention center has been realized. Cobo Center is managed by SMG, the largest company in the world specializing in the operation of convention centers, arenas, stadiums, and theaters and we partner with the DRCFA in introducing best practices, fiscal responsibility and a total focus on outstanding customer service. Our success is rooted in the success of our customers. 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UPDATED RFP: MUSL Mobile App Development/Design and Related Services Tabcorp to donate more than $1.5 million to bushfire relief Ohio gambling revenue rises again, to record $1.94B in 2019 Pennsylvania to rule on gambling terminals Editorial: Unregulated video gambling rips off the state and endangers problem gamblers No takers for lotteries, says Belize Commission D.C. sports betting app to go live in March; Capital One Arena seeks sportsbook Swiss Lotto – creating and dashing dreams for half a century Students Now Have an Advocate on Lottery Board Brussels: National Lottery files third record year as 41 players become millionaires in 2019 New Jersey lottery celebrates its 50th anniversary Oregon Lottery's sports app scores with NFL Playoffs New Hampshire Lottery Receives Extension in Wire Act Case Florida Lottery Launches Online Player's Guide to Encourage Responsible Winning, Playing Mississippi - Jackpot or not, Grenada customers bought over $700,000 worth of lottery tickets in the first month and a half of sales It is lottery season once again in Alabama Gov. Janet Mills vetoes bill to legalize, regulate sports betting in Maine AGA Statement on the Responsible Gambling Collaborative's New Effectiveness Principles and Study on Responsible Gaming Funding Maryland lawmakers look at legalizing sports betting Delaware, West Virginia Sports Betting Annual Reports Start 2019 Roundup How pro sports leagues finally are cashing in on sports betting South Dakota to Give Sports Betting Another Shot As Regional Competition Increases Virginia Governor Ralph Northam Not Tipping Hand on Casino Legislation, But Open to Discussion Navigating New Hampshire's newly legal sports betting "Early returns show that sports betting was absolutely the right bet for New Hampshire to make," said Governor Chris Sununu. "With over $3.44 million already wagered here in the Granite State, and with revenues benefiting our state's education system, this is already proving to be a big win. The demand is there and New Hampshire is happy to serve as the region's go-to destination for sports betting." Verizon to Expand Sports Betting Venture to Five More States Legal sports betting: California among states set for 2020 push How Fortnite Changed Online Gaming Forever Kentucky Sports Betting Bills Filed, At Odds Over Betting On In-State College Teams Casinos, sports betting, horse racing could rake in billions, if Georgia lawmakers approve Tennessee Lawmaker Says State Plans To Roll Out Sports Betting In March Vermont Sports Betting Bill Introduced, Would Legalize Mobile Wagering Coalition to Stop Internet Gambling Renews Anti-iGaming Efforts Online gambling proposal could see money flow back to First Australians Sports Bettors In NH Wager $3.44 Million in First Week Of Betting Illinois Lottery Launches Two MONOPOLY™ Multiplier Instant Tickets Michigan Lottery hits $1 billion milestone in 2019 public school contributions IGT Signs Agreement with the DC Lottery to Deliver Instant Ticket Games and Services "Over the last five years, IGT has worked closely with the DC Lottery to deliver games that engage their player community, attract new players, and deliver outstanding player experiences," said Jay Gendron, IGT Chief Operating Officer, Lottery. "IGT is pleased to continue working with the DC Lottery, and we look forward to helping the Lottery reach its sales goals by enhancing its instant ticket program with creative new content." NEW SCIENTIFIC GAMES TECHNOLGY TO POWER GERMANY'S LOTTO BADEN-WÜRTTEMBERG Pat McHugh, Group Chief Executive, Lottery for Scientific Games, said, "We thank Lotto Baden-Württemberg for its continued trust in our systems technology leadership with our new SYMPHONY gaming system. We will continue to provide the best products that drive the most profits for our lottery customers, their retailers and players with technology that securely integrates all game entertainment product lines and offers operational efficiencies. Lotto Baden-Württemberg is the first state-owned lottery company in Germany to implement SYMPHONY, demonstrating great trust in Scientific Games." Maryland Casinos Generate $149.1 Million During December JCM Global® Establishes Local Relationship with Mercado Gaming to Benefit Latin American Customers "Our partnership with Mercado Gaming expands our ability to provide even greater support to our customers in Argentina, Chile, and Paraguay. Customers at SAGSE reacted very positively to this new development, which is just another example of how JCM is constantly improving the ways we serve our customers in Latin America and around the world," said JCM SVP of Sales, Marketing & Operations Dave Kubajak. Photos from some of the Industry Conferences in 2019 - lots more to come! by Dimitris Kakos, Group Lotteries & Retail Solutions Director, INTRALOT 'INTRALOT's Lotos X: Spearheading digital transformation and elevating the lottery experience across the globe Dollars, Euros, Yen...Libra? Facebook's new Currency...Yet Another Regulatory Disruption MEDIA COMPANIES put their MONEY on SPORTS GAMBLING Fran Townsend - Working Harder, Dreaming Bigger 10 Things Lotteries Need to Know About Maryland Could Be The Next US State To Legalize Sports Gambling Cryptoassets and the amended Money Laundering Regulations Oklahoma Governor Hires Law Firm in Tribal Gambling Battle The Danish Gambling Authority has published a guide on responsible gambling New Hampshire becomes latest state to offer sports betting Gaming Commission director departing for private sector PGRI will be LIVE TONIGHT @ "DICK CLARK'S NEW YEAR'S ROCKIN' EVE WITH RYAN SEACREST 2020," LIVE FROM TIMES SQUARE THE NEW YEAR'S CELEBRATION BEGINS LIVE AT 8:00 P.M. EST ON ABC FROM NEW YORK CITY'S TIMES SQUARE 'First POWERBALL Millionaire of the Year" drawing $1 Million Drawing to be Broadcast Live Just After Midnight on "Dick Clark's New Year's Rockin' Eve with Ryan Seacrest 2020" Additionally, country artist Jessie James Decker will reveal the first-ever First POWERBALL Millionaire of the YearSM during this year's live broadcast of "Dick Clark's New Year's Rockin' Eve with Ryan Seacrest 2020." Decker will provide live updates from the First POWERBALL Millionaire of the Year party throughout ABC's live telecast and the big reveal announcing the winner will air just after midnight on January 1, 2020. TENNESSEE LOTTERY PLAYER ONE OF FIVE FINALISTS FOR "FIRST POWERBALL MILLIONAIRE OF THE YEAR" JOB: Connecticut Lottery 'Skilled Maintainer' PGRI LIVE ONSITE in Times Square covering Powerball's First Millionaire of 2020 revealed on 'Dick Clark's New Year's Rockin' Eve with Ryan Seacrest' The first-ever First POWERBALL Millionaire of the Year will be drawn during the live broadcast of "Dick Clark's New Year's Rockin' Eve with Ryan Seacrest" on ABC! "Dick Clark's New Year's Rockin' Eve with Ryan Seacrest 2020" kicks off at 8 p.m. ET/PT on ABC on Dec. 31. This year marks the 48th anniversary of America's biggest celebration of the year and will include more than five hours of special performances and reports on New Year's celebrations from around the globe. The N.C. Education Lottery is sending 20 lottery players to New York City today to New Year's Eve parties in Times Square and for the chance to become the first millionaire of the New Year. "We'll be cheering on our players as we count down to 2020," said Mark Michalko, executive director of the N.C. Education Lottery. "We'd love to see someone from North Carolina become the first millionaire of the New Year." The winners attending the trip are: Illinois Lottery takes a look back at highlights from the past 10 years. From big wins and historic jackpots to new games and modernized playing experiences IGT Ahead of the Game 'Sustainable practices support long-term success for stakeholders within and beyond the gaming industry' Ahead of the Game Sustainable practices support long-term success for stakeholders within and beyond the gaming industry Please click here to read this article C-Stores
I had accidentally pulled the trigger on the wrong nic level on a liquid and sent them an e-mail asking them to change it before they shipped it. They couldn't stop the order in time so they shipped me a new bottle with the right stuff and didn't charge me. How does it get any better than that? Their vapor is flavorful, diverse and as smooth as it gets. You don't have to be afraid of doing business with these guys or their products as their first priority is the safety and health of the consumer. I noticed it and I appreciate it greatly. Delicious baked Oatmeal Cookie. Try this, you wont be sorry. The Bear by Preferred Stock is a very smooth watermelon-ish vape with a light, sweet, creamy overtone. It says it has mango in it, and I get a hint of it - but its blended in. The watermelon (to me) is the star of the show. This is a very well crafted vape and I would give it a 9 if I liked watermelon a bit more. It's high VG, big puffy smooth clouds. If you like watermelon and mango this is great! I get a very mild banana, a nicely sweet pudding like creaminess, something a teeny tiny bit floral with just the nicest little touch of spice. The throat hit is as smooth as it gets, it hits on all areas of the palette and its pretty awesome. You know how some vapes lose flavor in your mouth if you vape it a lot? This doesn't lose flavor. I like this vape because the orange doesn't whack you in the face like a glass of tang. I'm not picking up the cooling effect like others have said on the end but I do taste a nice orange. I like the high VG element, smooth throat hit. Very nice stuff as usual from Adirondack. This is a really nice smooth vape. It has a sweet aromatic vibe that doesn't overpower you. It's crisp and a really nice, very well blended. I would give this vapor a 10 if not for the fact I am blown out on the pear flavors. (Honey Pearry - I vaped too much of it) I didn't let it steep at all so that may be why I cant take a full lung hit on it but I have issues with some flavors and brands of PG. This is nice stuff if you like pear. It's very true to a real pear flavor. If you like gourmet apple pie, you found your vape. This stuff is awesome. I made the whole 30 ml bottle disappear in two days. When they said it tasted like minty fruit stripe gum they weren't kidding. It's loaded, and I mean loaded with flavor. The folks who make Alpha and Omega vapor don't come out from behind the wizards curtain. If you can get to them via their facebook page they are pleasant to correspond with if not oddly mysterious. They don't seem to want to reveal their location. For me it was tough to buy their product after that but I do trust their front woman named Erika (as near as I can figure - their handler) at www.localvape.com and also the folks at www.elevatedvaping.com who sell their vapor on their websites . They have a facebook page for both the Alpha and Omega line and their vapor is very popular with the boutique vape crowd. Zamplebox is a big outlet for people to test their stuff. (where I found them in the first place) Its hands down some of the best high VG vapor out there. I honestly cant tell you if they are aliens or a guy named Earl but what I can say about them is they make an amazing line of flavors that are always predictable and well - almost perfect. Walked into the vape shop to fix a a leaky tank and tried this stuff. Wow! Smooth, delicious, gourmet establishment spicy apple pie goodness. Smooth as silk, not overbearing at all. I thought I got over over apple flavored vapor but this brought me back. Chronos is just plain delicious and a dessert flavor I can vape all day. It's a smokey sweet vanilla marshmallow with a hint of spice and just as smooth as can be....I honestly would give it a ten if the flavor was just a tiny (tiny) bit stronger. I cant say anything but they just plain nailed it on the Strawberry-Peach-Cooling flavor. I cant put it down. I ran out of it yesterday. It just showed up in the mail... in the Nic-of-Time. (Sorry, terrible pun) Oh yeah, good stuff. This does have a Tobacco base with Caramel and Vanilla like it says on the label. It's really nice, in fact its very good. Maybe it's my coil or just me but I am also getting a teeny hint of anise which may be a nice finishing touch. The flavor is cantaloupe, but not an especially natural one, its more like candy but very good just the same. The lung hit is smooth, in fact perfectly smooth which is awesome for me personally. It would make a good ADV for some folks because its not a taste bud blaster. You do have to let this juice steep for the flavor to mellow and blend into the liquid. It's not quite blended in and mellowed out of the mail. If you like a candied cantaloupe, this is your vapor. This is really cool! It's exactly what you think it should taste like and it's different. I like it a lot! I think cinnamon is a flavor that has to be balanced with a bakery or sweet flavor to make it perfect for me personally. What I'm getting from this is real cinnamon, a light throat hit (which I like) but its just not quite enough sweet or bakery in there for me. Its a little too earthy for me to give it a 9/10 but the genuine dry cinnamon flavor is all there so I mixed it 1/2 with a sweet vanilla custard and that made it heaven. I was really surprised when I tried this. It's not your average strawberry. It has all the strawberry flavor I expected but on the back end it has almost a cookie flavor sweet in it. Very cool. Nicely done PV! After waiting a bit to try the company (having read their liquid had high ratings) I was very impressed with their customer service when I did. They were out of the nic level I needed for the flavors I wanted to try so they called me right away and asked me if I wanted to change the flavor or the nicotine level of what I ordered. Their vapor is top notch, smooth throat hit and very tasty. Been vaping about a year and tried a lot of higher end vapor. I saw the high ratings on this company but waited a long time to try them. This is liquid is very good, much better than I thought it would be. It's a very clean peach with just a hint of some spice. I really like it. Believe the hype. Snake Oil is a big seller probably because it has a very pronounced flavor profile and it's complex. It's obvious to me some work went into this recipe. The touch of minty-ness is actually slight and likely perfect for people that just want a hint of mint. I'm sure it appeals to the sweetie lovers for this reason. The problem for me with this liquid is the after taste. I taste something almost floral and the watermelon flavor is not natural watermelon - it's more of a candy
claims were pressed for rust damage on any of the cargo carried in the ROSE during the voyage in question except for the Dorsid claim on the plate it received at its yard. Inasmuch as the Court has found that no rust damage has been proved, this next issue is non-determinative of the suit. However, the policy considerations raised in this regard merit some comment. The plaintiff, in addition to alleging damage caused by rust, contends that the Retla clause, quoted supra, which appears at the bottom of the bills of lading under which the Dorsid plate was shipped, is invalid under COGSA for two reasons: (1) the Retla clause tends to lessen the carrier's liability for loss or damage to goods arising from the fault of the carrier, and (2) COGSA requires that if a negotiable bill of lading is issued, the bill must state the apparent order and condition of the cargo covered by such bill. Thus, it is urged that the defendants should be estopped from showing the actual condition of the cargo at the time of loading as reflected by the notations on the tally clerk's exception *623 list and the Mate's Receipts. Plaintiff contends further that, even if the Retla clause is valid, its inclusion creates an ambiguity in the bill of lading issued by Retla, and therefore such a bill must be construed as a whole as representing that the cargo covered thereby was in apparent good order and condition when received by the carrier. It is evident that this language does not require the carrier to state the apparent order and condition of the cargo except when so demanded by the shipper. Thus, a bill which is limited or qualified in its statement as to the apparent condition of the goods is not in violation of COGSA unless a complete statement is demanded. See W. Poor, Charter Parties and Ocean Bills of Lading § 64 at 160 (5th ed. 1968). Nor can such a bill, qualified by the Retla clause and thus containing no representations with respect to rust and moisture conditions of the cargo, be made the basis of an estoppel, Tokio Marine & Fire Ins. Co. v. Retla S.S. Co., 426 F.2d 1372, 1376 (9th Cir. 1970). See also Nichols & Co. v. Steamship ISLA DE PANAY, 267 U.S. 260, 273, 45 S. Ct. 269, 69 L. Ed. 603 (1925). Plaintiff also contends that the Retla clause is invalid under 46 U.S.C. § 1303(8), which subsection renders invalid any clause or covenant "relieving the carrier . . . from liability for loss or damage . . . arising from negligence, fault, or failure" in the performance of duties imposed by COGSA. Seemingly, the plaintiff reasons that the Retla bill of lading amounts to a clean bill (with respect to rust and moisture) without the benefit of the prima facie presumption that attaches to a clean bill that the carrier received the goods in apparent good order and condition. Thus, it is argued that the carrier lessens his liability by changing the burden of proof. This contention must fail. Section 1303(8) deals only with the carrier's liability for damage caused by its own fault during carriage. It has no application to preshipment or prereceipt damage. Furthermore, section 1303(4) provides that the bill of lading is prima facie evidence of receipt of the goods as described in the bill of lading. Since the Retla bill specifically provides that no description of rust condition or moisture is included unless requested, section 1303(4) is likewise inapplicable to that extent. Of course, if a proper request were made, a substitute bill of lading would be issued setting forth any notations as to rust or moisture which appeared on the Mate's Receipts. Thus, claimant's benefits under section 1303(4) could be revived simply by request. This Retla clause, which appears in all of Retla's regular printed bills of lading, has been held valid under COGSA in a probing opinion by Judge Jameson, writing for the Court in Tokio Marine & Fire Ins. Co. v. Retla S.S. Co., 426 F.2d 1372 (9th Cir. 1970). This Court is in agreement with this decision that the Retla clause is valid and creates neither estoppel nor ambiguity. One aspect of this issue merits mention by the Court, even though it is not controlling. The testimony of Merle R. Crocker, International Banking Department of the Bank of the Southwest, Houston, and Jerry L. Holmes, vice-president and manager of International Banking Services, Republic National Bank of Dallas, reflects that a "Retla clause bill" would be, by banking and commercial practice, designated as a clean bill of lading. Thus, a letter of credit requiring by its terms a clean bill would be honored upon presentation of a *624 Retla clause bill. This practice thwarts the very safeguard that letters of credit are meant to impart; that is, the actual receipt of goods in a specified order and condition. Moreover, it is worthy of note that prevention of this undesirable result by requesting a substitute bill is perhaps a less realistic alternative than might be initially assumed. Often the cargo claimant is a consignee of cargo who is not a party at interest at the time of the original contract between the shipper and the carrier. Since the Retla clause bill of lading is advantageous to both the shipper of cargo and the carrier, there is little likelihood that such a request will be made. It is fair to state, then, that the consignee of cargo might be placed ultimately in a more difficult position through use of this type of bill of lading. However, this aspect alone does not persuade this Court that the Retla clause should be held invalid under COGSA. Instead, the guiding principles to be applied are those capsuled in Tokio Marine, discussed supra. In addition to claims made for alleged rust damage, plaintiff has alleged that 43 plates out of the total shipment of 3,099 were damaged by bending, with a resulting loss of $257.08. However, the Court finds from the evidence that plaintiff has wholly failed to sustain its burden of proof to show that this bending damage occurred while in the custody of the defendants and not during carriage by inland conveyance. There was, in fact, no evidence of where the bending occurred, and the Court cannot infer that it occurred during ocean carriage where subsequent inland carriage is also involved. On the contrary, the delivery receipts signed in many instances by an employee of plaintiff, who testified that he was present while this cargo was discharged, contain no exceptions for bent plates. This bending claim is therefore disallowed. Plaintiff also claims that it sustained a loss from shortage of eight pieces of plate under bill of lading No. 6, having value of $533.66. However, again the records prepared at shipside by the cargo tally clerks, apparently with the knowledge and under the supervision of the plaintiff's own employee, who noted no exceptions for shortages, show delivery of the full bill of lading quantity. Accordingly, the Court finds that the evidence fails to show that the alleged shortage was in existence at the time the cargo was delivered from the defendants' custody, and therefore the shortage claim is disallowed. Plaintiff also contends that it sustained damages of $1,155.46 because twenty-three pieces of plate were discharged to the dock and were not delivered to plaintiff until September 24, 1968, some two and one-half months later. Plaintiff claims that these twenty-three pieces were received in a heavily rusted condition, which depreciated their value by fifty percent. Also included in this portion of the claim were miscellaneous expenses arising from the fact that the twenty-three pieces remained on the dock for two and
A Tale of Two DC-10s How one pilot overcame a flaw in the airplane—and one did not. Samme Chittum The McDonnell Douglas DC-10 overcame its initial bad reputation and carried passengers until 2014. On June 12, 1972, American Airlines Flight 96, a DC-10, broke through a spotty cloud layer over the Canadian industrial city of Windsor, Ontario. Almost five minutes had passed since the wide-body jet had lifted off the runway at Michigan's Detroit Metropolitan–Wayne County Airport at 7:20 p.m. Captain Bryce McCormick took a moment to appreciate the 180-degree view through the curved window of the cockpit, and leaned back and took a sip of coffee. Flight 96 was on its way to La Guardia Airport in New York City that evening, with a stopover in Buffalo. That morning, McCormick had flown the first leg of the flight, out of Los Angeles, so he let First Officer Peter Paige Whitney, 34, fly the takeoff from Detroit. All the gauges on the instrument panel registered normal. The autopilot was on, but Whitney kept his hands on the yoke out of habit. Both pilots were well aware that their new DC-10 was only the fifth manufactured by McDonnell Douglas. The first had made its maiden flight in August 1970 and entered commercial service with American Airlines one year later, on August 5, 1971, on a round-trip flight between Los Angeles and Chicago. McCormick was a veteran pilot who had accumulated 24,000 hours of flying time, while Whitney had almost 8,000 hours to his credit. The airplane was carrying just 56 passengers (the wide-body had the capacity for 206), plus 11 crew members, which included eight flight attendants and the three-man cockpit crew. (At the time, the DC-10 required a flight engineer.) Along with the passengers' luggage, a casket carrying a corpse bound for Buffalo was stored in the cargo hold. McCormick checked the radar and confirmed that no bad weather lay between Detroit and Buffalo. McCormick was an exceptional pilot. His presence in the cockpit inspired confidence. "He was the epitome of the perfect captain," said Cydya Smith, the chief flight attendant on Flight 96. "He was very professional, yet he was warm and friendly and very respected, and respectful of the flight attendants." Captain Bryce McCormick (from an American Airlines newsletter) has been frequently praised for his performance during Flight 96, when the aft cargo door blew out during the flight. When the DC-10 finally landed, the crew could see the aft cargo door was gone. What remained was a jagged piece of metal curling upward. On June 12, 1972, a powerful explosion ripped through American Airlines Flight 96 (a similar aircraft). Both the "Fasten Seat Belt" and "No Smoking" signs had been turned off in the cabin. Passenger Alan Kaminsky and his friend Hyman Scheff unbuckled their seat belts and left their wives in the first class section to go play gin rummy in the forward lounge. They wanted to get in a few quick hands before the airplane touched down in Buffalo. Smith was out of her jump seat in the front of the plane before the "Fasten Seat Belt" sign blinked off. Following her usual routine, she walked to the galley and began to make coffee. "That's when it happened," she recalled. Exactly five minutes after takeoff, Smith was lifted off her feet by a powerful explosion. As the galley doors burst open, she could see entire sections of laminated ceiling panels falling into the passenger compartment, which was filling with a dense grayish-white fog. She could not hear the screams of the passengers. Instead, she felt as if she were enveloped in a gauzy silence. As both pilots were jolted violently backward, a noxious cloud of charcoal-gray dust filled the cockpit, blinding McCormick, who feared the airplane had been damaged in a midair collision. The actual cause of the unfolding calamity was something more insidious but just as devastating. A cargo door blowout in the hull had torn a gaping rectangular hole in the side of the aircraft, large enough to disgorge the six-foot-long casket, which tumbled two miles to earth, along with dozens of suitcases. Far worse, the explosive release of pressurized air had ripped out a large section of flooring in the passenger cabin directly above the gash in the hull. A hurricane-like wind was blasting through the length of the airplane. Flight attendant Beatrice Copeland had been knocked unconscious and lay trapped in the debris of the collapsed floor. Another flight attendant, Sandi McConnell, had barely escaped being sucked out of the airplane when the floor gave way beneath her; acting purely on instinct, she fought against the rushing air that threatened to pull her out into the sky. Without looking, she knew the lavatory door was directly behind her. It was her best chance for survival. Once inside, she closed and locked the metal door. She was safe for the time being, but cut off from rescue. Alan Kaminsky remembers a "huge crunch" as his playing cards flew out of his hands and up into the air. Passengers shrieked as the DC-10 lurched to the right and fell several thousand feet. The two pilots knew nothing about the gaping hole in the back of the airplane but were trying to contend with the stricken DC-10. As his vision cleared, McCormick took over the controls from his first officer. He had only seconds to regain control using a technique that had never been put to the test in an actual emergency. Earlier that year, McCormick had been chosen by American to fly one of the new McDonnell Douglas airplanes. He had not been fazed by the jet's size and engine power. What concerned him was one particular feature of the DC-10 that made it radically different from all the other big jets he had flown: its lack of a backup system to operate the airplane's flaps, elevators, and rudder by hand in case the hydraulic system failed. In this regard, the DC-10 was very different from the DC-6 and -7 and the Boeing 707 and 727—all aircraft that McCormick had flown for more than two decades. All the older aircraft were equipped with reversion systems that gave pilots manual command of control surfaces if the hydraulic systems were knocked out. What would happen, he wondered, if all of the airplane's systems were damaged? He found the answer on a DC-10 flight deck simulator at the American Airlines training school in Fort Worth, Texas. Using the computerized simulator, McCormick spent hours repeatedly testing his alarming hypothesis of total hydraulic system failure and learned how to exploit the DC-10's exceptional ability to fly on its engines without assistance from the rudder or ailerons, the surfaces that make the aircraft turn and bank. He also learned how to manipulate the engines to push the nose of the DC-10 up or down. Most jets have this ability to some degree, but McCormick discovered that the DC-10 was especially responsive. The day his worst fears were realized, McCormick knew exactly what to do: He shoved two of the idle throttles fully forward, delivering a burst of enormous power to the aircraft's wing engines, and felt them surge back to life. In response, the DC-10's nose pitched up. McCormick had reversed the DC-10's fatal descent. The returned engine power also bought him precious minutes to figure out how to steer the aircraft, which continued to yaw stubbornly to the right. He immediately flipped a switch to cut power to the fuel pump that fed the idle tail engine, taking it out of play and lightening the load on the elevators adjacent to the tail, making them slightly more responsive. Two of the four cables to the tail elevators had snapped. The ailerons were responding but sluggish. Without
takes precedence, Snow's internal conflict is made palpable, even to the Lord Commander who empathizes, "Honor made you leave. Honor brought you back." When Jon amends that it wasn't honor but his friends who brought him back round, his commander clarifies, "I didn't say it was your honor." The adventurous life of a Night's Watch Ranger which Snow fantasized about as a boy turns out to be not nearly as glorious as he envisioned it. Instead, a life spent in an isolated arctic outpost at the far end of the earth is a job no one in their right mind would volunteer for, which is why the bulk of Watch recruits are condemned men culled from the castle dungeons. "When rapers taken prisoner are given a choice between castration or the Wall, most choose castration," he's assured. "Everyone knew what this place was. My father knew and he left me to rot at the Wall all the same," Jon rages, believing they were just trying to get rid of him, the same way Sam's father gave him an ultimatum between the Watch or death and fellow recruit Grenn (Mark Stanley) was left out in the forest to die because his family couldn't feed another mouth. Like the rest of the Starks, his experiences on the Wall serve to open Snow's eyes to the sobering reality rather than the storybook knight's tale he childishly imagined the life of a Ranger would be. "Lord Snow grew up in a castle. Spitting down on the likes of you," Thorne jeers and he certainly does seem lord of the snows here, in the frigid, godforsaken wastes where the wind howls constantly and the flakes fall so thickly it's as if his world had been shaken up in a snow globe; Jon Snow in the icy North trying to stave off the coming winter. At the bottom of the rung in the Stark household, Snow rises to the top of the heap on the Night's Watch, and in the excellent Lord Snow episode, the bastard truly did begin prancing around with a petulant pout, behaving like the little Lord he was accused of being after sparring with 'peasants who have never held pikes in their lives.' His aloof, superior air bolstered by each compliment, he became convinced of his own indispensability as "the least useless person here." Never regarded among the quality before, being looked down on rather than envied and resented for who he was, this new treatment goes straight to Snow's head. His inferiority complex, reinforced by a lifelong sense of not being good enough, rapidly fades, the becoming humility that had characterized him heretofore momentarily switching over into swaggering hubris. He believes that his swordsmanship makes him superior to the other soldiers in the company. "They hate me because I'm better than they are," he rationalizes, after being attacked by his fellow recruits for showing them up on the field, "I'm a better swordsman and rider than any of you." When he subsequently crows to his uncle of his stellar achievements, declaring that he's better than every other man there, Benjen quickly corrects, "Better than no one." Though he assures Sam that there's honor in being a steward it's another story when Snow is denied his coveted assignment as a Ranger and, to teach him humility unfairly classified in the same grade himself. This son of a nobleman takes offense at being reduced to such a rank. "Must I serve the Lord Commander meals and fetch him hot water for his baths… Do you take me for a servant?… Stewards are nothing but maids," he says, revealing what he really thinks of his 'brothers.' Still believing he deserves special privilege because of who he was born, Snow finds it humiliating to be classed with boys like Pyp (Josef Altin) and weaklings like Sam who are assigned women's work because they aren't thought burly or manly enough to be Rangers. It's the unimaginably wealthy Tyrion who pops the conceited bastard's swellhead, bringing him back down to earth by informing him of the hard knock lives endured by most of the other men on the watch. He sagely counsels, "It's a lucky thing none of them were trained by a master-at-arms like your Sir Rodrick. I don't imagine any of them had ever held a real sword before they came here." Having previously felt himself so deprived and disadvantaged due to the circumstances surrounding his birth, Snow realizes how good he actually had it, what a life of comfort and ease he has known compared to the wretched existence of true unfortunates. For the first time in his life he's made to feel grateful for who he was born. As Tyrion says of himself, "If one must be born a dwarf, better to be a rich one." On the Wall soldiers get what they earn and no one is given dispensation because they were to the manor born, anymore than they are shunned for having been born out of wedlock. As he adjusts and becomes acclimatized to his new surroundings (he brings his direwolf Ghost along as mascot so the regulations must be pretty lax), Snow will learn the meaning of terms like democracy and band of brothers. The Night's Watch can already be seen having a positive, character-building influence on him. Rather than feeling as if he were competing with the other men, he takes it upon himself to help train them to be better fighters, giving them pointers and advice on how to swing their swords and handle themselves in combat, helping to whip this company of raw recruits into a well-disciplined army of fighting men. The sequences set on the Wall are much like boot camp montages in military films, mixed with elements from John Ford's cavalry trilogy. As the recruits play at being Night's Watch knights, going through their drills and runs, same as Arya does with her dancing master, they're much like toy soldiers, winding themselves up for the real thing. As his Lord Commander challenges, "I'll only ask you once, Lord Snow. Are you a brother of the Night's Watch or a bastard boy who wants to play at war?" The demonstration that he can be a team player is rewarded with the revelation that he was assigned to the Stewards with the intention of grooming him for command all along. Having proven himself made of the proper stuff for the Night's Watch by returning to his post despite the impulse to rush to the aid of his family, he's permitted to become the Ranger he's always wanted to be. "I want you and your wolf with us when we ride out beyond the Wall tomorrow. I'll not sit meekly by and wait for the snows." People's evocative description of the hard times during the last winter are so vivid that we can clearly envision what they went through and understand why they so fear it's return. When Thorne relates how his contingent was caught out in the open during an unexpected snowstorm and had to resort to cannibalism to survive, we're put in mind of such notorious historical incidents as the Donner Party and the Greely Expedition to the Arctic, so the horror of what's coming assumes even greater proportion in our minds. "The north can't be held, not by an outsider," Cersei assures her son. "And when the winter comes the seven gods could not save you and your army," anymore than dictators like Napoleon and Hitler proved capable of overcoming the bitterly cold Russian winter during their unsuccessful invasions of that country. The menacing clouds of the approaching ice storm on the horizon seem palpable, and ominous references to it possess the
the respondent and post a bond). Since the licensor is permitting the licensee and its contractors to access its property for purposes of the neighboring construction, it is prudent and reasonable for the licensor to require that the licensee agree to indemnify it for any losses, claims and damages that it sustains as a result of the construction project. In the same vein, it is also common and reasonable for the licensor to request that the licensee add it as an additional insured to the licensee's insurance. These requests comport with RPAPL §881's express mandate that "[t]he licensee shall be liable to the adjoining owner or his lessee for actual damages occurring as a result of the entry." In additional to physical property damage, such damages could potentially also include any losses sustained by the lessor's business as a result of the access. See., e.g., PB 151 Grand v. 9 Crosby, 58 Misc.3d 1219(A) (Sup. Ct., N.Y. Co., 2018) (finding that respondent's claim that it would suffer a loss of business income as a result of the license would be decided by a special referee upon the termination of the license so that the actual loss, if any, could be determined). Pre-Construction Survey. It is in both parties' interest to have a survey of the licensor's property performed prior to construction. This will help assess whether any damage occurred to the licensor's property during the term of the license or whether such damage was preexisting. The survey is typically performed and paid for by the licensee but it is prudent for the licensor to require that its consultant be present during the survey inspection and that a copy of the survey report be provided to the licensor upon completion. License Fee. Another common element of a license under RPAPL §881 is the payment of a license fee to the licensor. See Van Dorn Holdings v. 152 W. 58th Owner's Corp., 149 A.D. 3d 518, 149 A.D. 3d 518 (1st Dept. 2017) (noting that the grant of a license pursuant to RPAPL §881 often warrants the award of contemporaneous license fees). It is also one of the most hotly negotiated points. Such fees are typically paid by the licensee to the licensor on a monthly basis. The amount of the license fee depends upon the scope of the access (i.e., the greater the intrusion on the neighboring property, the greater the fee). Amounts awarded by courts in RPAPL §881 proceedings typically range in the vicinity of several thousand dollars per month depending on the nature of the intrusion. See, e.g., North 7-8 Investors v. Newgarden, 43 Misc.3d 623 (awarding $3,500 per month for erection of a cantilevered balcony that extended six feet onto respondent's property over a roof deck for one year); see, e.g., Rosma Dev. v. South, 5 Misc.2d 1014 (A) (Sup. Ct., Kings Co., 2004) (awarding $2,500 per month for each of two four-story dwellings for a total of $5,000 per month for sidewalk protection abutting ten feet of sidewalk). Though, in some instances, the scope of access could conceivably be so burdensome that even greater fees may be warranted. The purpose of the license fee is twofold. On the one hand, it compensates the licensor for its loss of use and enjoyment of its property during construction. On the other hand, it serves to motivate the licensee to complete the portion of the construction project utilizing the licensor's property quickly in order to minimize the amount of licensing fees it must pay. Often license agreements will provide that if the construction is not completed by a date-certain, then the license fee will increase. See, e.g., Columbia Grammar & Prep. Sch. v. 10 W. W. 93rd House Dev. Fund, 2015 N.Y. Slip Op. 31519(U) (Sup. Ct., N.Y. Co., 2015) (awarding a $2,500 per month license fee for 12 months with an increase to $3,500 per month if the work is not completed within one year). Providing for an increase serves as additional motivation for the licensee to complete the project quickly. Default Provisions. As with any commercial contract, the license agreement should contain a provision governing remedies if either party defaults during the performance of the license. From the licensor's perspective, it will want a provision permitting it to promptly terminate the license and bar access to the licensed area upon an uncured default. Naturally the licensee will want to draft a flexible provision that permits adequate time to cure any default and continued access while the default is being cured or the issue of the alleged default is adjudicated. Remediation. The license agreement should specify what the parties' respective rights and obligations are upon the termination of the license. Ideally, the licensed property will be left in the same condition as it was in prior to the commencement of the license. Unfortunately, this is not always the case. Sometimes the equipment installed in the licensed area will, itself, cause some damage to the licensor's property. The license agreement should address when, how and by whom the damage is repaired. Again, RPAPL §881 expressly provides that the licensee shall be strictly liable for any damage resulting by reason of the access. In sum, should access to a neighboring property become necessary for purposes of construction, the law provides a mechanism by which such access may be compelled. As the case law emphasizes, the goal under such circumstances is to narrowly tailor the access to the necessity so as to minimize the burden on the neighboring property. The neighboring property owner should not be burdened with the costs associated with the access and is often entitled to certain concessions to compensate and protect it during the license term. When negotiating a license, there are a number of issues that must be addressed by the parties, who will have differing objectives with respect to each issue. Negotiating a proper license agreement is essential to ensuring that one's objectives are achieved and interests protected. Reprinted with permission from the December 16, 2019 edition of the New York Law Journal © 2019 ALM Media Properties, LLC. All rights reserved. Further duplication without permission is prohibited. ALMReprints.com – 877-257-3382 – reprints@alm.com. Click here to view the article on New York Law Journal. Hon. Ira Warshawsky Authors, "Your Arbitration Provider Has Vanished. Now What?" It would behoove the parties that enter into contracts that include an arbitration clause to provide an alternative to their favored ADR entity. For decades, scriveners (aka transactional lawyers) have been carefully avoiding litigation by inserting arbitration clauses into their contracts. Some lawyers use generic terms in referring to an ADR provider, while others specify a provider with whom they are familiar in their community or one that they believe would be specifically knowledgeable in their area of business. There are even some providers that have become industry-specific, e.g., nursing home patient cases or employment cases. Problems arise in matters where a specific ADR provider is in the agreement and no longer exists (or has been precluded from practicing in your state) and the issue becomes whether the court will assist you in getting another ADR provider. In a recent case, the Supreme Court of the state of Missouri, sitting en banc, affirmed a Circuit Court decision that refused to compel arbitration despite the existence of an arbitration clause. The Missouri Supreme Court, in affirming the circuit court below, confirmed the court's position in refusing to compel arbitration specifically "[b]ecause the plain language of the parties' arbitration agreement shows they agreed to arbitrate before—but only before—the National Arbitration Forum ('NAF')." A-1 Premium Acceptance v. Hunter, 557 S.W.3d 923, 924 (Mo. 2018), cert. den. 139 S.Ct. 1340 (2019). In the A-1 case, the agreement between A1 (the lender) and Hunter (the borrower) read, in relevant part that: …
Two bankruptcies, but stark differences in lives afterwards between Commissioner Riley and challenger Parker (A Look at Salaries, Part 4) By admin on September 19, 2017 No Comment County Commissioner Charlie Riley and County Judge Craig Doyal have enjoyed public life together. Magnolia and Conroe, September 19 – In exploring the exorbitant salaries of the elected officials of the Montgomery County Commissioners Court – County Judge Craig Doyal and the four County Commissioners – The Golden Hammer has observed that, with a few exceptions, rather than attracting a higher caliber of candidates, Montgomery County's huge salaries seem to do the opposite. In Part I of this 4-part series on Commissioners Court salaries, this newspaper presented the facts surrounding Precinct 2 County Commissioner Charlie Riley's Chapter 7 Bankruptcy filing in 2002 in which he avoided paying all of his debts (other than taxes). In Part II, we examined Riley's failure, even to the present day, to pay a state tax lien of less than $900 that he's owed to the citizens since 2002, despite the more than $317,000 Riley and his wife Deanne receive in total compensation (salary plus benefits) each year. Riley has drawn two opponents at this time in the March 6, 2018 Republican Primary Election. One of his opponents is local businessman and longtime Republican activist Brian Dawson. The other of his opponents is former two-term Comal County Commissioner and conservative author Gregory Parker. It turns out that Parker has filed Chapter 7 Bankruptcy in his distant past. He also had some tax liens. The contrast between Parker and Riley and how they dealt with the aftermath of their bankruptcy filings is stark. One of the differences that may explain the distinction is that Parker was only 27 years old when he filed bankruptcy in 1997. Riley and his wife Deanne were in their mid-40s. Riley after Chapter 7 Bankruptcy Rather than picking himself up and pressing forward with new ideas or opportunities in business, Riley became a dependent upon the public dole for the rest of his life. Riley went to work for then Precinct 2 County Commissioner Craig Doyal. Riley still owes the State of Texas the taxes on the tax lien. Deanne Riley also has worked for Montgomery County ever since the Bankruptcy filing as well. When she lost her job in the Sheriff's Office at the end of 2016, Riley, as a County Commissioner committed the most crass form of nepotism by creating a new position for his wife in the County government and then filling the position with her. Riley uses and abuses public perks, such as a cell phone, County truck, and County government gasoline. He even stores his personal trailer for free in the Precinct 2 County barnyard, an act for which he shows defiance rather than remorse. Riley doesn't even keep the registration on his personal trailer up to date, even though he drives the trailer across Montgomery County. Riley is a ward of the Montgomery County taxpayers, often by trickery. Parker after Chapter 7 Bankruptcy Parker was 27 years old when he filed Chapter 7 Bankruptcy in 1997. He also paid off a couple of tax liens by 2009. He's 47 years old now. In all fairness to Riley, who was already in his mid-40s when he and Deanne Riley filed Chapter 7, a person likely changes a lot more from their twenties to their forties (Parker's circumstances) than from their mid-forties to their early sixties (Riley's circumstances). Rather than living entirely off the public dole, as the Rileys have chosen, Parker has enjoyed substantial private business success and has performed substantial public service along the way during the past twenty years. Parker went into the technology industry in the late 1990s, first as a programmer and then as a director of software development for different companies. He had a successfully project management company for technology projects when he decided to run for public office in Comal County (County Seat: New Braunfels, south of Austin) as a County Commissioner. Parker served two terms as a Republican County Commissioner in Comal County before he decided to run for the Texas Railroad Commission in 2012. Parker lost in the Republican Primary in the statewide riace. Parker returned to the private sector in 2013 and now handles large-scale technology projects involving multimillion dollar investments mostly within the private sector. He wrote his first book in 2010 to debunk global warming theory and just came out with a second book, Conservative Essays for the Modern Era. Parker has been involved in the motion picture business as well. He's written and directed three movie shorts, had one acting role as "Tough Guy #2" in the 2011 horror movie Purgatory, and is presently involved with Indie Crowd Funder, an equity-based crowdfunding company that supports motion picture development. After financial difficulty as a twenty-something, Parker has become a self-made man during the last two decades. Another contrast between Parker and Riley is their willingness to discuss their experiences. Riley wouldn't return multiple telephone calls. Parker discussed his fall and his comeback freely. Of his bankruptcy in 1997, Parker explained, "That was a tough time in my life. I was young with little or no formal education. It made me realize I needed to improve myself. Thereafter, I sought after knowledge and I set life goals. My story is one of adversity and pain, but also of triumph and happiness. I never claimed to be perfect, no one is perfect. However, I have learned through that experience that we all have faults and failures, yet we can all overcome those setbacks, to be good leaders. The key is to turn your personal failure into public good." Parker sought to improve his education as a first step in his comeback, as he said, "After such setbacks, I gained education, private sector technology and management experience, public sector management experience and I became an author. Setbacks should not determine who you are or what you are; Your future is determined by how you make use of the life lessons you've learned." Confronted with whether Parker, who has harshly criticized the high salaries County Commissioners receive in Montgomery County, he answer, "My life is not is the public sector, I don't believe in making such a career. Holding office should be public service. Hence, we will find imperfect people to serve. Now, while those that serve maybe imperfect, they should not be unqualified." Parker received a Bachelor's Degree and Masters in Public Policy. He's working on his dissertation in order to earn a Ph.D. in Public Policy. Dallas author and editor Eric L. Burton has known Parker since they met at a Tea Party rally in 2008. He has worked closely with Parker on political and writing projects. Burton commented, "I have worked with Greg Parker in the past and there are a few points I wanted to make you aware of that might help when it comes to context. First, Greg is not just a public servant, he also is one of the few who put on the uniform, raised his hand and took the oath to defend this country as a member of our military services. Second, Greg came from the humblest of beginnings, raised by a single mother, who also served her country in uniform, he was one of three children, all of whom are exceptional in their own right. Greg was not born with a silver spoon in his mouth, instead, his story is the definition of 'the American Dream.' He may have made some mistakes in life but he picked himself up by his boot straps and marched forward, never complaining always with a smile on his face and the attitude that failure is part of success, understanding that those who fail are also those who are doing. That is the
Welcome to Spinksville! MMOs and game design MMO Reviews July 8, 2010 by spinks [RealID around the web] The future will be written in Chicken Once in the twenty second century linguists tried to find the perfect simplification of all language. They dubbed it chicken. It has no grammar, no syntax and no ambiguities. The only word is 'chicken'. Unfortunately it is so easy to learn everybody consequently did, dooming forever human society. These linguists were never prosecuted, indeed nor could they even be identified because as aliens discovered when revisiting the planet in 16461943134916461179461626069, all language including the history books were all written in chicken. – Chicken (uncyclopaedia) "The future will be written in Chicken" is a phrase we use around the house to describe a paradigm shift so great that no one in the future will be able to understand why we did things the way we do today. And the question that a lot of people are asking about Blizzard's plans to RealID up the forums is whether this is really just about reducing trolling on a bulletin board, or whether it's the start of something more radical than that. It is already clear that they have no plans to back down, however great the current uproar. We have been planning this change for a very long time. During this time, we have thought ahead about the scope and impact of this change and predicted that many people would no longer wish to post in the forums after this change goes live. We are fine with that, because we want to change these forums dramatically in a positive and more constructive direction. Does Blizzard really care so much about the bulletin boards that they'd rather piss of the segment of the community most likely to use them than just give everyone a single forum id and call it done? Unlikely. They have further plans. This is a roundup of how other bloggers and writers around the web have been reacting. Mike Snider writes at USA Today about Blizzard's plans for further integration with Facebook. Really what you are going to do once you buy StarCraft II and you take it home and install it and log onto Battle.net for the first time, you'll be able to essentially hit a button and bring all your Facebook friends that are also on Battle.net into Battle.net and create (Real ID) relationships. (This assumes that you have some facebook 'friends' who are also interested in battle.net. If you don't fall into this group, you aren't the main focus of their future vision.) Stabs writes about why privacy matters and why the 'moral' pressure to reveal your real name is inspired by corporate greed. What concerns me is that there is clearly an attitude that is inspired by corporate greed that has become a moral theme. It's wrong to oppose RealId, some people say, you should be more honest. Got something to hide? And how about reasons why people favour internet handles, not just on gaming sites but all over the net? Tesh writes about the ideal of the internet as a raceless, classless utopia. Now, you won't hear a lot about the utopian ideals of the internet these days, but being able to log into a place where people will judge you just on what you said and did there is something that many many users prize. It strikes me that anonymity is valuable for free markets to work as well. Honest feedback is generated from simple demand and supply, where business relationships are defined by the simple feedback loop of "purchase" or "no purchase". Adam Smith's "invisible hand of the market" is concerned most with what people do, not with what they look like. Actions, not prejudice, seem to produce the most productive results in a positive feedback cycle. I'm not backwards about telling people that I'm female, but darned if I don't enjoy the sense that what I write is taken more seriously on forums where people cannot immediately tell (unless I tell them). Think that's crazy? It's actually one of the simple pleasures of being online for a large proportion of the population. It goes both ways of course. I like that people will come out and flame me if I say something stupid, instead of thinking, "She's a woman, she might get upset, go easy on her." I think being judged on your actions is a great equaliser. Sanya Weathers is more concerned about the possibilities for stalking, and the legal ramifications. My customers are not public citizens. Making them public citizens against their will is crappy. I can think of half a dozen reasons why someone should be allowed to be anonymous, and I'm not going to list them because any one of them is good enough. Want people to stop acting like asshats on the boards? Suspend in game accounts for out of game behavior. Hire more mods. Close the board. Whatever. This is just chickenshit. And another thing. We know that the Facebook generation have been told that presenting more than one identity to different people is fundamentally flawed. But I put a lot of work into blogging and posting and playing as Spinks, it's as valuable an id to me in online gaming circles as my legal name (probably more, actually). I used to have a different nickname at University as well. Just because no one outside that circle of friends ever used it doesn't mean that it was dishonest. Surely any identity that you have spent time establishing has value. Randall Farmer thinks that this is a classic identity design mistake. I'm sure they are using Facebook as an example – I often do this in my consulting practice. There is no doubt that Facebook users are better behaved in general than their YouTube counterparts, but the error Blizzard made is to assume that their player relationships are like those of Facebook. This is where the vision of the future comes in. Perhaps Blizzard intends to force their player relationships to be like those of Facebook. I don't have much time for slippery slope arguments , but just for the sake of argument, imagine this: Blizzard provides more facilities for people to use with their realID friends. More channels. Maybe a shared bank or the ability to auction things to just your realID list. Perhaps they even go as far as a random dungeon finder that only your realID friends can use. The game culture becomes less of a public space where you expect to hang out with thousands of random people but a private space just for you and your realID friends where you never need to mix with anyone else. For sure, you'd need a LOT of realID friends to make that work, but they could encourage and reward building larger circles of friends (just like Facebook/ Farmville). And suddenly, anyone who isn't in the loop is disadvantaged. And no one will complain, because the history books of the future will be written in Chicken. Posted in general mmo | Tagged facebook, identity, privacy, real name, realid, stalking, the future will be written in chicken, usa today, utopia | 46 Comments Follow @copperbird Follow me in google+ What we're playing Road to Amber MUSH World of Warcraft: Mists of Pandaria WoW Legion: Content… on 5 differences between an expan… Syl (@Gypsy_Syl) on [Bloggy Xmas] [Gaming Communit… Killed in a Smiling… on [Dragon Age] Getting ready for… everblue650 on [Bits and Pieces] Dragon Age C… Redbeard on [Bits and Pieces] Dragon Age C… [Bloggy Xmas] [Gaming Communities] But above all, be kind! [WoW] Farewell to Pandaria [Bits and Pieces] Dragon Age Choose-Your-Path Text Game, Gamergate circles the drain, Blizzard take on TF2 with terrible cockney accent New expansions, MMOs as life simulations, and why only idiots whine about "welfare epics" [Dragon Age] Getting ready for DAI: Dragon Age Keep Berath's Brain Burps Boathammer: Age of Bloggening Hypercriticism Jester's Trek Killed in a Smiling Accident Level
WIPO Arbitration and Mediation Center ADMINISTRATIVE PANEL DECISION Visual Defence Inc. v. Barry Tal Case No. D2014-0099 The Complainant is Visual Defence Inc. of Ontario, Canada, represented internally. The Respondent is Barry Tal of New York, United States of America. 2. The Domain Names and Registrar The disputed domain names <visualdefence.net> and <visualdefence.org> are registered with Register.com (the "Registrar"). 3. Procedural History The Complaint was filed with the WIPO Arbitration and Mediation Center (the "Center") on January 23, 2014. On January 24, 2014, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain names. On January 24, 2014, the Registrar transmitted by email to the Center its verification response confirming that the Respondent is listed as the registrant and providing the contact details. The Center verified that the Complaint satisfied the formal requirements of the Uniform Domain Name Dispute Resolution Policy (the "Policy" or "UDRP"), the Rules for Uniform Domain Name Dispute Resolution Policy (the "Rules"), and the WIPO Supplemental Rules for Uniform Domain Name Dispute Resolution Policy (the "Supplemental Rules"). In accordance with the Rules, paragraphs 2(a) and 4(a), the Center formally notified the Respondent of the Complaint, and the proceedings commenced on January 29, 2014. In accordance with the Rules, paragraph 5(a), the due date for Response was February 18, 2014. The Respondent did not submit any response. Accordingly, the Center notified the Respondent's default on February 19, 2014. The Center appointed Andrew D. S. Lothian as the sole panelist in this matter on February 28, 2014. The Panel finds that it was properly constituted. The Panel has submitted the Statement of Acceptance and Declaration of Impartiality and Independence, as required by the Center to ensure compliance with the Rules, paragraph 7. 4. Factual Background The Complainant is a Canadian corporation which supplies inter alia digital security systems. The Complainant has carried on business in the security services industry under the VISUAL DEFENCE mark since 2005. The Complainant's clients include national government departments, multinational corporations, universities, municipal transport authorities and international airports. The Complainant was previously listed on the London Alternative Investment Market in 2005. The Complainant has featured prominently in media reports in national newspapers and business publications since 2005 concerning inter alia contracts which it has secured and innovations which it has made in the field of security surveillance. The Complainant is the owner of various patent and trade mark rights in Canada and the United States of America in respect of its security products. The Complainant is a member of a trade association named ONVIF which seeks to standardize IP-based physical security globally. The disputed domain names were both created on March 26, 2013. Little is known of the Respondent, who has given the name "Barry Tal" as the registrant of both disputed domain names. This is the same name as the Complainant's founder and Chief Executive Officer. Each of the websites associated with the disputed domain names points to pornographic content. 5. Parties' Contentions The Complainant contends that the disputed domain names are confusingly similar to a common law trade mark in which the Complainant owns rights; that the Respondent has no rights or legitimate interests in the disputed domain names; and that the disputed domain names were registered and are being used in bad faith. The Complainant asserts that the mark VISUAL DEFENCE is closely associated with the Complainant in the international security services industry and produces evidence of the media recognition of such mark. The Complainant notes that but for the different generic Top-Level Domain (gTLD), each of the disputed domain names would be identical to the Complainant's trade mark and its website address "www.visualdefence.com". The Complainant submits that there is no evidence that the Respondent has or is planning to use "Visual Defence" in connection with a bona fide offering of goods and services and points out that both disputed domain names point to pornographic websites. The Complainant states that the Respondent's self-identification during registration of the disputed domain names as "Barry Tal" suggests that the Respondent's intended use of the disputed domain name was to tarnish the Complainant's mark. The Complainant contends that numerous panels have held that pornographic content on a website under a disputed domain name suggests tarnishment of a complainant's mark and is evidence in itself of bad faith. The Complainant adds that the clear distinction between the content on the Complainant's website and the pornographic content on the disputed domain names is not a defence as the essence of bad faith in such cases lies in the capacity of the confusingly similar domain name to tarnish the relevant mark (citing CHRISTIAN DIOR COUTURE v. Paul Farley, WIPO Case No. D2008-0008). The Respondent did not reply to the Complainant's contentions. 6. Discussion and Findings To succeed, the Complainant must demonstrate that all of the elements listed in paragraph 4(a) of the Policy have been satisfied: (i) the disputed domain names are identical or confusingly similar to a trade mark or service mark in which the Complainant has rights; (ii) the Respondent has no rights or legitimate interests in respect of the disputed domain names; and (iii) the disputed domain names have been registered and are being used in bad faith. A. Identical or Confusingly Similar There are two parts to the inquiry under the first element of the Policy. The Complainant must first demonstrate that it has rights in a trade mark and secondly that the disputed domain name is identical or confusingly similar to such trade mark. The Complainant has asserted that it has rights in the common law trade mark VISUAL DEFENCE. On this question, the Panel turns to paragraph 1.7 of the WIPO Overview of WIPO Panel Views on Selected UDRP Questions, Second Edition ("WIPO Overview 2.0") entitled "What needs to be shown for the complainant to successfully assert common law or unregistered trade mark rights?", which provides the following consensus view: "The complainant must show that the name has become a distinctive identifier associated with the complainant or its goods or services. Relevant evidence of such "secondary meaning" includes length and amount of sales under the trade mark, the nature and extent of advertising, consumer surveys and media recognition. The fact that the secondary meaning may only exist in a small geographical area does not limit the complainant's rights in a common law trade mark. For a number of reasons, including the nature of the Internet, the availability of trade mark-like protection under passing-off laws, and considerations of parity, unregistered rights can arise for the purposes of the UDRP even when the complainant is based in a civil law jurisdiction. However, a conclusory allegation of common law or unregistered rights (even if undisputed) would not normally suffice; specific assertions of relevant use of the claimed mark supported by evidence as appropriate would be required. Some panels have also noted that in cases involving claimed common law or unregistered trade marks that are comprised of descriptive or dictionary words, and therefore not inherently distinctive, there may be a greater onus on the complainant to present compelling evidence of secondary meaning or distinctiveness. Some panels have noted that the more obvious the viability of a complainant's claim to common law or unregistered trade mark rights, the less onus there tends to be on that complainant to present the panel with extensive supporting evidence. However, unless such status is objectively clear, panels will be unlikely to take bald claims of trade mark fame for granted." The Panel respectfully adopts the consensus view. In the present case, the Panel is satisfied that the Complainant has produced sufficient evidence in the form of recognition in national newspapers, business publications, commercial news services and trade press to demonstrate that the mark VISUAL DEFENCE has become a distinctive identifier associated with the Complainant. Furthermore, the Complainant has shown that it has carried on
covers my eyes with silence. I saw. Our ruined homes were a move of the world, of the memory, of the memory. ## THOUGHTS ON THE WEATHER I know that my voice is influenced by atmospheric conditions, that my cry depends on the territory of the great invaders. I know that in my back pocket I keep a newspaper clipping— the weather forecast in the belief that the rainbow will show again like a crown of thorns above the uninhabited hill. I know that compassion peels away like the bark of a tree from which ancient tribes once built their boats. Calmness is a belt that holds history upright. One should sit down for a moment and see the sky in an open tin can on the shore. ## EVERYTHING IS A CARESS The snow was folding its wings over the hills, I was laying my palms over your body like a tape measure which unfolds only along the length of other things. The universe existed so that we'd be born in different places, so that our homeland could be the rainbow that joins two gardens which don't know of one another. And so time went on: we were raising the fear within us, while awe was being born in others. Our shadows were sinking in poisoned wells, spoken words were disappearing and reappearing like shards of glass on a sandy beach— sharp and shattered. ## WHAT IS TO BE DONE? To live without reason or necessity, to embrace the offenders liberated from love, to lift the candle from ruined graves and say a word or two when there's no wind, to open the rusty door of the world and depart with airy footsteps. To recover from time's dividers thrust into our own hearts. 1. 2. ## USUAL SUMMER NIGHTFALL 1. This is what summer nightfall is like: the adulteress comes onto the balcony in a silk nightgown that lets through the trembling of the stars, a twig drops from the beak of a bird that falls asleep before it has built its home, a soldier lowers the flag of the state with a letter from his mother in his pocket and atomic tests in the womb of the earth secretly revive the dead. At that moment someone quietly interprets Byzantine neumes, someone else falsifies the exoduses of the Balkan and the civil wars in the name of universal truths. In the factory yards the statues of participants in annulled revolutions sleep, on the symmetrical graves plastic flowers lose their color and ordinary ones their shape, but this peace of the dead we have parted from is not ours. 2. In the village with three lit windows a fortune-teller foresees only recoveries, and not illnesses. The waves throw up bottles enough to hold the whole sea, the arrow on the one-way road sign points to God, a fisherman rips off a bit of the sky as he casts his baited line into the river, some poor child searches for the Little Bear and the planet he'd like to come from, in front of the doorstep of the killer with an alibi a feather attempts to fly. This is what usual summer nightfall is like. The town combusts in the redness of the moon and the fire brigade ladders seem to lead to heaven, even then when everyone is climbing down them. Basic elements of Eastern systems of musical notation prior to the invention of five-line staff notation. ## NEW LANDS One should scrape the wall over which dampness has drawn a map of the new world and new separations should be applied. Beneath them, the stones should be rearranged haphazardly, like the footprints of a man running from his fears. One should be a round mirror in a half-open palm and reflect others' embraces as sharp as scissor blades which touch each other only when there's something to be cut. New lands should be invented, so one can walk on water once again. ## TOWNS THAT DON'T BELONG TO US In strange towns our thoughts wander calmly like graves of forgotten circus artists, dogs bark at dustbins and snowflakes falling in them. In strange towns we are unnoticed like a crystal angel locked in an airless glass case, like a second earthquake that merely rearranges what is already ruined. ## FROM EVERY SCAR ON MY BODY I am a beggar who lacks the courage to beg charity from himself. Lines and wounds from all the unfulfilled caresses intersect on my palms, from all the unmeasured temperatures on my brow and the illicit excavations of love. From every scar on my body a truth emerges. I grow and I diminish together with the day, running fearlessly towards the depths of origin, and everything around me is in motion: the stone becomes a house; the rock, a grain of sand. When I stop breathing my heart beats louder still. ## BEFORE WE WERE BORN The streets were asphalted before we were born and all the constellations were already formed. The leaves were rotting on the edge of the pavement, the silver was tarnishing on the workers' skin, someone's bones were growing through the length of the sleep. Europe was uniting before we were born and a woman's hair was spreading calmly over the surface of the sea. ## ERAS OF LONGING I stand concealed like a gull waiting for a fish to fly. Passengers with the same oaths and expectations come and go on the harbor wall, the years slide slowly over the sails like rainwater on a badly leveled path. The eras of longing end up beyond the horizon, in the village on the shore where at night an old woman hides her coins in a kerchief that once covered her hair. ## TWO MOONS A woman looked at her reflection in the town's translucent fences. Two moons settled in her eyes while her gaze brought together the ends of worlds already explored. Above her the shadows wove moss on the rooftops, below her endemic species were dying of loneliness. From the hollow between her hip and her rib cage light streamed out each night. ## LIGHT AND DUST In the space between the four seasons I'll find you, when children are taken out for a walk, and souls come back like dirty dishes in a workers' canteen. We are not a religion and nobody believes in our holy scriptures. Our looks hide in the curtains' folds which let other people's prayers through and the falling light. Will our angels touch when we hug each other in the dark, will someone light a candle to proclaim a kingdom? We are the light of a burnt match which turns to dust when touched. ## RETURNING I open the door fearfully to draw a border on the carpet with the sun rays. I feel like saying something but the echo of the unfurnished room is faster than me. The sweat on the doorknob is not mine nor do the lichens on my neck belong to this world. I realized myself in several layers of memories, my soul is a womb palimpsest of a distant mother. Hence the afterthought of returning and the soft creak of the hinges. I would expand the space with a step to multiply the grains of dust and the hairs that fall down, always white because of the light. ## OUTSIDE OF TIME In the clear expanse of the sky we wait to see the contours of our souls' negatives. We are far away from time. Look, the buildings are already asleep on the dried-up seeds of annual plants, the kites rest their tails on the roofs of our houses, then depart. We have been living for years within circled dates, via agendas of cold joys. Our ancestors have long been statues bending their heads towards the shoulder of each passer-by, but we are outside of time. We take eternity and give it back, take it and give it back . .
had an affair – he was only scoring political points with his party and playing to the Christian values of his conservative base. Meanwhile, Gingrich showed utter disdain for those same values and his own gullible voters by cheating on both his first and second wife, one during the impeachment period. This is how successful the Republican noise machine is – everyone connects Clinton to extra marital affairs, but no one thinks of adultery when they hear Gingrich's name. Several conservative attack dogs have renounced their own party to expose such deceit, like David Brock, who founded the media watchdog group Media Matters, and former Congressman Mike Lofgren. The idea that Hillary is crooked – or at least more so than other politicians – is a myth repeated so many times, it clearly no longer matters if it's true. This effect is known as the "illusion of truth" – when you hear certain information so many times, you believe it, regardless of its accuracy. Political lies stay with us not because of their authenticity, but because manipulative campaign strategists understand psychology. The majority of the time, this information works against our best interest. For instance, if you believe Democrats tax and spend more, then congratulations – you've been manipulated. This is little more than another campaign strategy used to mislead voters. Consider the reality: Almost every Democrat since World War II has decreased the debt, whereas all the Republicans since Richard Nixon have increased the debt. Furthermore, if you think Democrats increase the size of government, while Republicans reduce it, then congratulations – you've been manipulated yet again. The reality is that Reagan and Bush Jr. are the worst offenders and increased both spending and size of government the most. The notion that Reagan cut the size of government was propaganda used to mislead the nation – and it worked. The singular reason we have so much debt today is because of Reagan. And then because of Bush's wars fought on credit. Need further proof Republicans waste more of your tax dollars? How about the Star Wars Missile Defense System no one ever talks about: After two decades and $100 billion of taxpayer money, it still cannot stop a single damn missile. The only thing accomplished was to transfer money from the government to defense contractors, many of whom work in government (I'm talking to you, Dick Cheney). So why do our Republican representatives bash Planned Parenthood's meager $540 million and PBS's paltry $445 million budgets, while $12 billion in public funds were given to big business to subsidize over 50 new sports stadiums between 2001 and 2010 alone? Furthermore, how can Fox News find the one individual who bought lobster with welfare money, yet ignore the $90 billion earmarked for a Navy submarine fleet, or the $400 billion spent developing the F-35 Joint Strike Fighter, whose cost doesn't even include building and maintaining them. (Oh, and by the way, they can't even fly in bad weather, or at night, and none have yet been used in combat.) If you voted for Trump because he pledged to lower taxes on the wealthy in order to create jobs and return industry to Middle America, then congratulations again – you've been manipulated. The OECD, the Organization for Economic Co-operation and Development, disproves the myth of trickle-down economics, also known as Reaganomics. Cutting taxes on the wealthy has not fostered economic growth as promised, but stymied economic growth significantly, and only made the rich richer. Reaganomics is now widely recognized for increasing levels of inequality, stagnating wages, and hollowing out decent, middle-income jobs, as reported by the Center for American Progress. Sadly, the American Dream died circa 1980, but we are still so deluded, we praise the very puppet who killed it. That is the power of propaganda and manipulation. Why do we celebrate Reagan when his policies helped make American wages as a percentage of GDP an all-time low, yet corporate profits as a percentage of GDP an all-time high? Trickle-down economics did nothing but transfer all economic gains to the 1% and business class at the expense of the Middle Class. The sooner we acknowledge this, the sooner we can address our country's economic woes. Can Donald Trump fix this? No, because he does not understand this, acknowledge this, nor care. He is the 1% we transfer our economic gains to. Let me be clear: BOTH the Democrats and the Republicans have failed us immensely. However, they do not share equal responsibility. The majority of the blame, if not all of the blame, lies with Republicans' pro-big-business, conservative economic agenda. (You can check out my extensively detailed, referenced, and data-driven 40,000-word blog series on inequality and the dwindling middle class to understand the specifics. I spent twice as much time on this as my college thesis, so please, give it a read.) America is right to be angry at decreasing wages, diminishing opportunity, a do-nothing Congress, a dying heartland, out-of-touch politicians, and the corporate takeover of our country. We are all angry. But we do not all understand whom to be angry with. Instead of directing our ire at the real culprits, Donald Trump fueled the flames until a fire of racism and resentment spun out of control and consumed the election cycle. Our seeds of dissent have been sowed to manipulate us instead of helping us. This same situation happened in the UK. Brexit was the result of the 1% riling up the poor white poverty class to hate immigrants and minorities, and funnel that hatred into voting them out of the EU, which worked against their own self-interest. Our politicians are responsible for our economic decline – but let's put the blame where it belongs. 1. The reason our income taxes are so high is because the 1% pay so little. The majority of the 1% who do not work or earn a paycheck live off of capital gains and dividends. Before Reagan took office, this type of money – the kind you do not work for (i.e., trust funds) – was taxed at 70%. The logic was: the harder you work for your money, the less it should be taxed. In other words, if you didn't do anything to earn the money, you should pay more for it. When Reagan and other Republican presidents slashed this rate down to 15%, our nation's debt was created, and we have never recovered. It is because the leisure class pays such low tax rates that those who pay income taxes from actual jobs are overburdened. And now, this leisure class, or 1%, enabled by Republicans, and Democrats to a lesser degree, have reengineered our political system to work only for them. The election of Trump put the very beneficiary of such corruption into the highest position. Wait till he makes even more money from his executive privilege. 2. The reason so much of the country is out of work is because of the free trade policies that allowed American businesses to outsource, downsize, and offshore. Pleasing Wall Street became a bigger priority than employing local communities and keeping Americans employed. To put it simply, the 1%'s pockets are more important than American jobs. This includes Trump's pockets, as he profits from foreign labor, himself. 3. The more mergers and acquisitions, the fewer jobs, and less competition. The U.S. has now deregulated so many industries, and stopped enforcing anti-trust laws, that we now allow monopolies, oligopolies, and conglomerates that were once illegal. We removed countless regulations that our forefathers put in place to prevent another Great Depression, like Glass Steagall, and as a result, we got the Great Recession. The idea that business can regulate itself is farcical. Greed must be regulated. This is the root cause of our healthcare problems, the skyrocketing of pharmaceutical prices, and our credit
The charges against Daiwa include conspiracy, mail and wire fraud, obstructing an examination of a financial institution, falsification of bank records and the failure to disclose Federal crimes. The former general manager at the Daiwa branch, Masahiro Tsuda, was also indicted on charges of conspiring to deceive regulators. Mr. Tsuda's lawyer, Stanley Arkin, said yesterday that his client, who had only become general manager in July, was innocent. Mr. Tsuda resigned from the bank last month. Daiwa, based in Osaka, said in a statement yesterday in New York that it intended to defend itself against the Federal charges. Takashi Kaiho, the recently appointed president of Daiwa, said the bank was motivated by its desire "to investigate thoroughly the unauthorized activities by which it was victimized, to take all necessary action to protect our customers, and to act in a way that was not harmful to the international banking system." Mr. Iguchi, the Daiwa trader, pleaded guilty last month to bank fraud and is cooperating with the United States investigation. At his hearing, Federal prosecutors said for the first time they believed that Daiwa executives had participated in a cover-up of the losses for two months. The indictment against Daiwa sets out new information detailing a more extensive and intricate deception at the bank, involving misrepresentations made to bank regulators and examiners for several years. In early August, the indictment said, as top management became involved in the cover-up, the bank even considered concealing the whole trading loss at a company in the Cayman Islands. That plan, though, was "ultimately rejected by Daiwa's senior management as not feasible," the indictment said. Daiwa had used that technique before, the indictment asserted, when in about 1987 the bank "successfully concealed a multimillion-dollar trading loss at Daiwa Bank Trust through a Cayman Islands entity." The Daiwa Bank Trust Company is a Daiwa subsidiary in the United States. Mr. Iguchi first confessed his losses in an extensive letter sent to Daiwa's president in mid-July. But yesterday's indictment detailed as many as five letters that Mr. Iguchi wrote to his superiors as they pondered what to do about his horrendous losses. It also outlined Mr. Iguchi's associations with his bosses as they discussed the losses, including meetings held in late July at the Park Lane Hotel in Manhattan. As she announced the indictments at the Federal courthouse in Foley Square, Mary Jo White, the United States Attorney for Manhattan, said that "The message to the financial community from today's indictment should be clear and unambiguous: Law enforcement will not tolerate financial institutions who unlawfully attempt to mislead regulatory authorities and cover up criminal conduct by their employees." The order to shut down the operations was issued by the Federal Reserve Board, the Federal Deposit Insurance Corporation, the New York State Banking Department and regulators in California, Illinois, Massachusetts, Florida and Georgia, states where Daiwa has operations. Even though operations here are closed, Daiwa can still trade with American firms from Japan. The tough action against Daiwa comes as Japanese financial institutions are under considerable pressure because of billions of dollars of nonperforming loans, a slow economy and sagging confidence. It is now several weeks since the news of Daiwa's trading losses became public and markets have already adjusted to them. The Standard & Poor's Corporation, the rating agency, for example, said the actions yesterday would not immediately affect Daiwa's credit rating because the agency had already downgraded Daiwa two notches from A- to BBB. "The action taken by U.S. regulators goes a bit further and will have a more serious effect on the bank's activities than we expected," said Ernie Napier, an S.& P. analyst. "It's a major setback, but it's one they can cope with," he added, noting that overseas operations represent only 10 percent of Daiwa's profit. But Mr. Napier expressed concern that the bank's business in Japan could be hurt by the defection of Japanese clients who want a more international bank, or at least one with full access to markets in the United States. Mr. Napier said that even if Daiwa was hit with a large fine, the penalties should not have a ripple effect on the troubled Japanese banking system. The charge that the bank deliberately evaded regulators has had a damaging effect on confidence in Federal regulation, some experts said. Daiwa's conduct "is very disruptive because it has undermined the examination process," said Michael Bradfield, a former general counsel to the Federal Reserve and a partner at Jones, Day, Reavis & Pogue. Deliberately concealing information, as prosecutors contend Daiwa Bank did in the last several years, is inconsistent with the entire theory and practice of examinations, Mr. Bradfield said. "The whole system of bank regulation works on the basis of full availability of records to examiners and a willingness to cooperate with supervisors when they discover problems," he said. Mr. Bradfield said that harsh action against Daiwa was justified. But the stiff potential penalties could leave the Government open to criticism that it has employed a far harsher standard for a foreign bank than has been applied in cases involving American brokerage firms. For example, prosecutors elected to bring no criminal charges against Salomon Brothers Inc. for having illegally obtained millions of dollars through fraudulent bids in the Treasury markets in 1991. No charges have yet been brought in a case involving a trader at Kidder, Peabody & Company, who was accused by the firm of engaging in a series of bogus trades strikingly similar to those at Daiwa. And last year, Ms. White, the Federal prosecutor, chose not to indict Prudential Securities for taking more than $1 billion from 100,000 investors through the fraudulent sale of risky limited partnerships. Indeed, while the Government said in court filings that Prudential executives knowingly committed the fraud, no individual has ever been charged with a crime. Some prosecutors yesterday drew parallels with previous Federal regulatory action against the Bank of Credit and Commerce International. B.C.C.I. was the rogue bank based in Luxembourg and with headquarters in London that was closed by regulators around the world in July 1991 after it had become extensively involved in money laundering, falsifying accounts and many other infractions. But B.C.C.I., unlike Daiwa Bank, was never formally admitted into the United States, or allowed to operate branches in this country. It did, though, secretly and illegally buy banks and other financial institutions in the United States. Just what regulators in the United States knew about Daiwa's New York branch, and when they knew it, is still a murky issue. According to several former Federal Reserve officials, there was considerable concern about Daiwa's sloppy controls and trading practices as long ago as 1993. But it seems Fed regulators took Daiwa's assurances that the bank would redress the shortcomings they had identified. Congress is now preparing to hold hearings on Daiwa, the trading debacle at its New York office and regulatory oversight of the bank. Senator Alfonse M. D'Amato, the New York Republican who heads the Senate Banking Committee, said in an interview yesterday that the actions against Daiwa were "an appropriate response to illegal activities." Senator D'Amato said that his committee's hearing would look into what procedures might minimize the chance of a recurrence of the Daiwa scandal. He said his purpose was "not to admonish the regulators, but to ascertain from them what they are doing" and "to ask them to explain what did happen." Prosecutors have accused Daiwa Bank and several top executives of conspiring for months to cover up $1.1 billion in losses incurred by a trader, Toshihide Iguchi, through unauthorized bond trading. In addition to the confession letter from Mr. Iguchi that set off the whole chain of events, prosecutors say Mr. Iguchi wrote at least four more that figure in the cover-up. Addressed to Daiwa's then-president, Akira Fujita;
energise you. They put you in a "flow state". Values, such as Intimacy, Sharing/Listening/Trust and Skilful Leisure, are in the energy giving category. Energy Draining—Typically, these are the values which drain your energy. Values such as Care/Nurture, Endurance/Patience and Duty, when they are your main focus, are likely to drain your energy as they can keep you from paying sufficient attention to your energy giving values. Energy Neutral —Typically, these are values which have little impact on your energy levels. In most situations, living these values requires little mental attention/energy to remain focused on 'the task in hand'. Values such as Work, Organized Play, and Communication/Information fall into this category. Once a person's value priorities are known, a graph can be produced, see below, which identifies the relative percentage of mental energy the person is devoting to these three value categories. If the graph shows that the person scored significantly higher on energy draining values than energy giving values, this likely indicates a stressful lifestyle. In which case, the person may want to review the way they are currently approaching life so as to spend more time engaged in activities that will give their energy levels a boost. Energy Profile One very effective way of living a more energising lifestyle, is to spend at least two hours per week engaging in creative mode activities. Keywords: creative mode, EMV, energy management What is a World-View? A World-view is your personal model of the world. It comprises your beliefs, your knowledge, and your assumptions about the world. As your world-view changes, you see the world differently, and therefore your responses to situations and circumstances also alter. "I have met the jailer and he is I. We are all trapped by our own world-view." Paul Chippendale Keywords: choices, decisions, world-view How Do I Run a "Future Search/Creation Conference" The world is moving from experts solving problems FOR people toward, everybody, experts included, improving whole systems. Marvin Weisbord In his book, Discovering Common Ground, Marvin Weisbord described himself as an entrepreneur and author. From 1969 to 1991, he worked as a consultant to business, education, government, medical, non-profit and voluntary organisations in North America and Scandinavia. In 1991 he started Workplace Revolution, a non-profit programme to help people apply the consensus-building ideas embodied in Discovering Common Ground. Other enterprises in which he was involved included: being a partner in Block Petrella Weisbord, a firm established to help people restructure their work; and a partner of Blue Sky Productions, a video company documenting innovations in self-management around the world. Weisbord (1991, p. xiii) describes his personal mission in life as: ...I have a personal mission. There is a growing world-wide interest in improving the quality of life, at home and at work. I believe that represents common ground for every person living. I would like [Discovering Common Ground] to serve as a catalyst for an informal global support network of people exploring and extending the use of [Future Creation Conferences]. We have a unique opportunity to learn from each other and to amplify one another's processes. ...I hope to encourage concerned leaders everywhere to experiment with [the Future Creation Conference] format. I believe that this mode constitutes a learning laboratory for 21st Century strategic management. The Minessence Group views itself as part of the envisaged informal global support network - his personal mission is completely congruent with our own vision, i.e. "To create a world where life is meaningful." Basic Structure of the Future Creation Conference Future creation conferences are based on learning, not teaching. In these conferences, learning is not something participants must "learn" how to do. "They already know how. They just don't know that they know" (Weisbord 1992, p. 7). For many, future creation conferences are unlike anything they have ever experienced due to three intertwined threads: A much broader cross-section of "stake-holders", than is usual, are invited - a widely diverse group of people who affect each other but who rarely or never meet. The participants self-manage tasks of discovery, dialogue, learning and planning. Participants explore together the WHOLE system - its history, ideals, constraints, opportunities, global trends, within and without, rather than just the parts that are closest to home and soaking up the most energy. The most radical aspect of future creation conferences is how conflict is managed (Weisbord 1992, p. 7): [During the future creation conference] we will nearly always find unresolved conflicts and disagreements. We discourage conferees from "working" their differences. Instead, we create a figure/ground reversal. We put the dysfunctional "shadow" dynamics in the background. People don't magically get better than they were. Rather, they tune in on different aspects of themselves - the more constructive and cooperative impulses.Indeed, we neither avoid nor confront the extremes. Rather, we put our energy into staking out the widest common ground all can stand on without forcing or comprising. Then, from that solid base, we spontaneously invent new forms of action, using processes devised for that purpose.In short, we seek to hear and appreciate differences, not reconcile them. We seek to validate polarities, not reduce the distance between them. We learn to innovate and act from a mutual base of discovered ideals, world-views, and future goals. Above all, we stick to business. We make the conference's central task our guiding star. Learn Through Doing: Transform Your Organisation into a Learning Organisation The best way to learn about future creation conferences is to run one. So here are some guidelines for putting one together. The suggested format is one developed by William Smith (1992, pp. 171-186). Smith's model is specifically designed to promote a horizontal flow of power in organisations in place of the usual vertical flow of power. Having a horizontal flow of power, rather than a vertical flow, is an essential requirement of the culture of any organisation desiring to be an effective learning organisation. The diagram below (Smith 1992, p. 176), depicts the vertical flow of power prevalent in most organisations: One typically finds the following divisions of power in large corporations: At the top, the "institutional" level, the appreciated environment is dealt with. They ensure survivability of the organisation through linking to the needs values by society. Their main output is policy. At the "managerial" level, the most influential strategy for the implementation of the policy is chosen. The main outputs are strategy and structure. At the "technical" level - traditionally the level considered to be the most concerned with control - attempts are made to reduce uncertainty through producing concrete plans, rules and regulations. Smith's future creation conference model is designed to overcome these power differences, and provide each level a chance to influence decision-makers. His model accomplishes this by introducing a horizontal flow of power across the organisation to counterbalance the vertical flow (see the following diagram): This future creation conference model is designed to take place over three days: Day 1 is devoted to understanding realities and possibilities (appreciative learning). Intended participants asked to gather and research any information they may feel relevant to the main topic prior to the first day. They would also be encouraged to pass this gathered material on to other participants in whatever way they believe will have the most success in transferring the insights they've gained to others. This transference (appreciative learning) continues until the completion of Day 1. By the end of Day 1, common ground is identified. Day 2 is devoted to selecting and debating priorities. Day 3, guided by the chosen priorities, sets out an action plan to ensure the priorities are addressed in an agreed time line. Action Learning Projects are set up to turn the plans into action. The diagram that follows, depicts the creation conference design described above: Concluding Comments We, at the Minessence Group, are keen to link with others in transforming the world into one where the well-being of as many people as possible is enhanced. The mechanistic model of the universe, developed
2017 Football Photos New York State Class D Quarterfinals: #7 Moriah Vikings Vs #2 Cambridge Indians Moriah's Jerin Sargent (2) cuts by the defender on the punt retuen for the big gain. It would be the #Moriah Vikings hosting the #2 Cambridge Indians in the Quarterfinals of the New York State Class D Tournament. The Indians would get the scoring started early on a 54 yard run by English 37 seconds into the game for the 6-0 lead. The game would remain there til 1:24 of the second quarter when Vikings Matt Pelkey would tie the game up at 6 on a one yard run. The Indiand would regain the 12-6 lead on a 7 yard run by Dean at 6:31. Then in the closing minute of the half the Vikings would score on a 1 yard run by Dewey Snyder to take the 14-12 lead to intermission. When the teams came back for the second half the Indians would regain the lead at 18-14 on a 1 yard run from Dean at 6:08. Although the Vikings would not be denied as they would retake the 20-18 lead on a 46 yard touchdown pass to Dewey Snyder. Although from there on it would be the Indiand game as they would score 36 unanswered points helped by four Vikings turnovers. As the Indians would defeat the Vikings 54-20 and bring an end to the Moriah Vikings season at 9-2. Gallery Moriah's Dewey Snyder (24) with the catch along the sidelines for the big gain and the first down. Gallery New York State Class B First Round: Peru Indians Vs Gouvenour Wildcats Peru's Carson Cunningham (6) with the leaping catch across the middle for the first down. The Wildcats would open up the scoring on a long run to make it 8-0 2:07 into the first quarter. The Indians would come right back on a 60 yard run by Kasen Brennan 36 seconds later to make the score 8-6. The Wildcats would score on there first play of the next drive to to extend there lead to 16-6. Then just 30 seconds later the wildcats would score again to extend there lead to 22-6. The Indians would cut into the deficit on a 59 yard pass to Robert Reynolds at 3:35 to make it 22-12. The game would stay there til the 5:32 mark of the 2nd quarter when Austin Carpenter would score on a 6 yard pass to make it 22-18. Although the Wildcats would march right down the field and score on a 15 yard touchdown pass at 9:28 to make it 28-18. Although the Indians would come back and make it 28-25 with 1 second left in the half on a 8 yard pass to Carson Cunningham to make it 28-25 t the half. Although when the team teams returned for the second the Wildcat offense would prove to be to much for the Indians as they would out score them 27-6 as the Indians would fall 57-31. With the lose the Indians season would come to an end at end 3-7. Gallery Peru's Robert Reynolds (2) with the catch in the numbers along the sideline that he would