text:
No. 82,962
Opinion filed: March 10, 2000.
ADMINISTRATIVE LAW — Judicial Review of Agency Action — Standing of Party Seeking Review — Motion to Dismiss Based on Party's Failure to State Claim upon Which Relief May be Granted — Court's Duty When Ruling on Motion. In an administrative appeal filed by a nonprofit corporation seeking judicial review of agency action under K.S.A. 77-601 et seq., challenging a permit issued by the Kansas Department of Health and Environment allowing operation of a large-scale hog farm, the record is examined, and it is held: (1) Standing is a jurisdictional issue, (2) when a motion to dismiss under K.S.A. 60-212(b)(6) raises the legal sufficiency of a claim, the court is under a duty to examine the petition to determine whether its allegations state a claim for relief under any possible theory, (3) dismissal of a petition under K.S.A. 60-212(b)(6) before utilization of discovery is seldom warranted, (4) the plaintiff here has asserted standing under K.S.A. 77-611(b) as a "person who was a party to the agency proceedings that led to the agency action," and (5) the case is not moot.
Appeal from Shawnee district court; TERRY L. BULLOCK, judge. Opinion filed March 10, 2000. Reversed and remanded.
John M. Carter II, of Topeka, argued the cause, and Robert V. Eye, of Topeka, was with him on the briefs for appellant.
Erika V. Bessey, special assistant attorney general, of Kansas Department of Health and Environment, argued the cause and was on the brief for appellee.
The opinion of the court was delivered by
This case raises the jurisdictional issue of standing. Petitioner, Families Against Corporate Takeover (FACT), appeals from a district court dismissal of a petition for judicial review of administrative agency action. FACT sought review of a Kansas Department of Health and Environment (KDHE) permit authorizing construction of a 14,300-head hog farm in Hodgeman County. The district court sustained a K.S.A. 60-212(b)(6) motion filed by KDHE and dismissed the case, finding that FACT had no standing to sue. FACT appeals.
Our jurisdiction is under K.S.A. 20-3018(c) (a transfer from the Court of Appeals on our own motion).
The single issue is whether FACT has standing to seek judicial review of the KDHE's decision.
Our answer is, "Yes."
FACT is a nonprofit corporation founded in Hodgeman County by various citizens concerned about the environmental, economic, and social impacts of large-scale hog farms. Murphy Farms, Inc., (Murphy) sought a permit for its hog farm from KDHE. KDHE issued a permit to Murphy under the National Pollution Discharge Elimination System (NPDES). The NPDES is a delegated federal permitting program under the Clean Water Act, 33 U.S.C. § 1251 et seq. (1994). See 33 U.S.C. § 1342(b) (1994) (NPDES state permitting program). See generally Niehaus, Clean Water Act Permitting: The NPDES Program at Fifteen, 2 Nat. Resources Env't 16 (Winter 1987) (explaining the NPDES permitting process and relevant terminology). The NPDES program allows states to develop and administer permitting programs and issue NPDES permits if the state program is sufficient to meet federal Clean Water Act standards. KDHE issued the permit in question by virtue of the NPDES permitting authority found at 33 U.S.C. § 1342(b).
FACT formally requested that KDHE revoke Murphy's permit to operate the hog farm. KDHE did not respond. By operation of law, KDHE's failure to respond within 60 days constituted a denial of FACT's request to revoke the permit. See K.A.R. 28-16-62(g)(2). FACT then filed a petition in Shawnee District Court seeking judicial review of KDHE's decision.
FACT provided three affidavits from members of the organization. These affiants alleged an imminent decrease in the value of their property, some of which was adjacent to the proposed hog farm. The alleged decrease in value would be caused by odor, flies, vermin, pestilence, and possible contamination of surface and ground water. One affiant also claimed harmful health consequences to his asthmatic wife and son because of KDHE's decision to allow the hog farm.
KDHE challenged FACT's standing to sue by filing a K.S.A. 60-212(b)(6) motion to dismiss (failure to state a claim upon which relief can be granted). The district court granted the motion, holding that FACT had no standing. The district court, relying on Weinlood v. Simmons, 262 Kan. 259, 936 P.2d 238 [ 935 P.2d 238] (1997), reasoned that FACT had not alleged sufficient individual and particularized injury to maintain standing.
Before addressing the standing issue we must dispose of a KDHE motion filed shortly before oral argument. KDHE moved to dismiss the appeal as moot. The motion asserted in part:
"2. The facility in issue has not been built and no construction is underway. . . .
"3. K.S.A. 1998 Supp. 17-5908 states that a proposition to allow swine production facilities as defined in K.S.A. 17-5903 may be submitted to qualified voters of a county for a vote upon whether to establish swine production facilities. K.S.A. 17-5903(s) defines a swine production facility as land, structures and related equipment owned or leased by a corporation for housing, breeding, farrowing or feeding of swine.
"4. The citizens of Hodgeman County, Kansas voted against allowing swine facilities in Hodgeman County by a vote of 551 to 529 as shown in the Abstract of Votes Case at a Special Election in Hodgeman County, Kansas, on the 1st day of April 1997. . . .
"5. Murphy Family Farms is a family farming corporation and not subject to the prohibition on corporately owned swine facilities in Hodgeman County.
"6. On November 15, 1999, Smithfield Foods, Inc. signed a definitive acquisition agreement to acquire all of the capital stock of Murphy Farms, Inc. and its affiliated companies including Murphy Family Farms which is the holder of the permit in issue. . . .
"7. As a result of the above described transaction, the status of the permit holder will prohibit it from siting the proposed facility in Hodgeman County pursuant to local law."
The validity of the Hodgeman County vote on corporate hog production facilities was affirmed in Cure v. Board of Hodgeman County Comm'rs, 263 Kan. 779, 952 P.2d 920 (1998).
FACT contends the issue before us is not moot. We agree with FACT. The proposed merger contemplated between Murphy and Smithfield Foods, Inc., is beyond our record here. The focus of FACT's case is KDHE's action in issuing the permit. As long as the permit remains valid, FACT seeks to pursue its action against KDHE. What the future may hold for the acquisition of Murphy remains speculative. The case is not moot.
We now turn to FACT's standing. Standing is a jurisdictional issue. See Moorhouse v. City of Wichita, 259 Kan. 570, 574, 913 P.2d 172 (1996). Whether a district court has jurisdiction is a question of law over which we exercise unlimited review. In re Marriage of Killman, 264 Kan. 33, 34, 955 P.2d 1288 [ 955 P.2d 1228] (1998).
The question is whether FACT has standing to challenge KDHE's actions. FACT and KDHE spend much time in their briefs discussing Hunt v. Washington Apple Advertising Comm'n, 432 U.S. 333, 53 L.Ed.2d 383, 97 S.Ct. 2434 (1977). Hunt sets forth a three-prong standing test for unincorporated associations. 432 U.S. at 343. FACT urges us to adopt the Hunt test for associational standing. We recently did so in NEA-Coffeyville v. U.S.D. No. 445, No. 81,992, (filed January 28, 2000, after oral argument in this case).
The district court did not have the benefit of our standing holding in NEA-Coffeyville. The parties' submissions to the district court channeled the district judge into a standing analysis based on Weinlood, 262 Kan. 259. Weinlood was a 42 U.S.C. § 1983 (1994) action filed by prison inmates challenging the assessment of a $1 monthly service fee for administrating each inmate's trust account. The inmates did not take issue with the amount of the fee; they argued it could not be paid to the Crime Victims Compensation Fund. We said:
"The problem with this contention in the context of this litigation is that if the fees collected are being improperly sent to the crime victims compensation fund rather than being used to defray the costs of operation of the prison, the injured parties are the taxpayers of Kansas." 262 Kan. at 266.
We then reasoned: "Generally, an injunction will not lie at the suit of a private person to protect the public interests. [Citations omitted.] A plaintiff must have a special private interest distinct from that of the public at large in order to bring an actionable claim." 262 Kan. at 267. The context of Weinlood is far afield from the strong public policy of citizen participation in NPDES permitting. The participation policy has been mandated by Congress, the Environmental Protection Agency (EPA), and the KDHE regulations.
We surmise that the district court's analysis of FACT's standing may have differed had NEA-Coffeyville been available. The NEA-Coffeyville teachers were members of an unincorporated association. We acknowledge FACT is a corporation. The organization seeking standing in Hunt was a state agency established to promote and protect the state's apple industry. Here, FACT members have formed a nonprofit corporation rather than an unincorporated association. We see no reason to turn a standing issue on whether the members have gathered in the form of a nonprofit corporation rather than an unincorporated association. See Colorado Pyrotechnic Ass'n v. Meyer, 740 F. Supp. 792, 795 (Colo. 1990).
Our analysis does not end with the reference to NEA-Coffeyville, however. FACT did not file a traditional civil lawsuit. FACT filed a petition for judicial review under the Kansas Act for Judicial Review and Civil Enforcement of Agency Actions (KJRA), K.S.A. 77-601 et seq. The KJRA defines standing for judicial review of an agency action. Therefore, whether FACT meets the three-part test for standing in NEA-Coffeyville becomes relevant only if FACT meets the standing requirements of the KJRA. Standing under the KJRA is controlled by K.S.A. 77-611, which provides:
"The following persons shall have standing to obtain judicial review of final or nonfinal agency action:
(a) A person to whom the agency action is specifically directed;
(b) a person who was a party to the agency proceedings that led to the agency action;
(c) if the challenged agency action is a rule and regulation, a person subject to that rule; or
(d) a person eligible for standing under another provision of law."
FACT asserted standing in the district court under subsection (d)'s "another provision of law" clause, citing 40 C.F.R. Part 123 (1999). Effective June 7, 1996, 40 C.F.R. § 123.30 directed states administering the NPDES program to provide citizens an opportunity for judicial review of approval or denial of NPDES permits. 61 Fed. Reg. 20,972 (1996). The Clean Water Act itself provides for citizen suits in federal court at 33 U.S.C. § 1365 (1994). States that administer the NPDES program are required by federal regulations to provide for judicial review through citizen suits at the state level. 40 C.F.R. § 123.30.
The problem with FACT's reliance on 40 C.F.R. § 123.30 as "another provision of law" is that § 123.30 directs states to adopt a standing rule and does not provide an independent basis for standing. The EPA promulgated this rule after it became aware of "instances in which citizens [were] barred from challenging State-issued permits because of restrictive standing requirements in State law." 61 Fed. Reg. 20,972 (1996). See e.g., EDF v. State Water Control Board, 12 Va. App. 456, 404 S.E.2d 728 (1991) (holding under Virginia law only a permittee has standing to challenge issuance or denial of permit).
As KDHE observes, Kansas has not adopted 40 C.F.R. § 123.30 as the law of this state. It is interesting that KDHE makes this argument. By admitting that there has been no compliance with 40 C.F.R. § 123.30, KDHE admits that its authority to grant NPDES permits is in jeopardy and may be revoked by the EPA. KDHE says in its brief: "If a state fails to meet the standard, the remedy is a petition to the United States Environmental Protection Agency for review and possible withdrawal of program authorization by the federal regulatory agency [the EPA] in accordance with the Clean Water Act." KDHE is correct. Under 33 U.S.C. § 1342(c)(3), the Administrator of the EPA must decide, after a public hearing, that a state is not administering the NPDES program according to federal requirements before revoking a state's authority to administer the program. Thus, FACT could file a complaint with the EPA seeking to revoke the KDHE's authority to grant NPDES permits. However, even if that authority is revoked by the EPA, it is not clear that the permit at issue here would be affected. Nothing in § 1342(c) provides grounds for challenging permits issued while the state agency was out of compliance.
We are puzzled by what appears to be the State's truncated approach to NPDES administration. KDHE administers the federal program and issues the hog farm permit under the federal program; but according to KDHE, the legislature has not adopted the part of the federal program that opens Kansas courts for Kansans to question the permit by judicial review. KDHE is contesting what the EPA clearly says should be allowed: citizen suits to challenge NPDES permits.
FACT makes two alternative arguments on appeal. First, FACT asserts that if state law does not provide for standing (because Kansas failed to adopt a standing rule as directed by § 123.30), state authority to administer the NPDES program is preempted by federal law. However, even if FACT has standing under 33 U.S.C. § 1365 in a preemption analysis, that standing would be in federal, not state, court.
Second, FACT asserts standing under K.S.A. 77-611(b) as a "person who was a party to the agency proceedings that led to the agency action." FACT argues in the alternative at this stage because KDHE's admission that Kansas has not adopted a § 123.30 standing rule came in its brief to this court. Although not advanced in the district court, we conclude the "K.S.A. 77-611(b)" argument is before us on appeal.
Under K.S.A. 1999 Supp. 60-208, pleadings are to be given a liberal construction. We note that at the time the K.S.A. 60-212(b)(6) motion to dismiss was granted there had been no discovery. The record suggests that no factual matters outside the pleadings were presented to or considered by the district court. We have previously set out the scope of review for a motion to dismiss. See Bruggeman v. Schimke, 239 Kan. 245, 247-48, 718 P.2d 635 (1986). The concept of notice pleading relies on its companion, discovery, to fill in the gaps. See 1 Gard and Casad, Kansas C. Civ. Proc.3d Annot. § 60-208 (1997). We have held that it is not necessary to plead a statute under which relief may be granted if the facts bring the case within the statute. Oller v. Kincheloe's, Inc., 235 Kan. 440, 448, 681 P.2d 630 (1984). Our discussion of notice pleading in Oller applies here. 235 Kan. at 446-49. Dismissal of a petition on a K.S.A. 60-212(b)(6) motion before utilization of discovery is seldom warranted. Noel v. Pizza Hut, Inc., 15 Kan. App.2d 225, 233, 805 P.2d 1244 (1991), rev. denied 248 Kan. 996 (1991). Following the teaching of Bruggeman we have a duty to determine if the pleaded facts and inferences state a claim on any possible theory. See Noel, 15 Kan. App.2d at 231.
Consideration of FACT's K.S.A. 77-611(b) assertion that it was a party to the KDHE proceedings is endorsed by an exception to our general rule on issues raised for the first time on appeal. FACT's assertion involves only a question of law arising from facts we deem admitted in reviewing a K.S.A. 60-212(b)(6) motion. See Johnson v. Kansas Neurological Institute, 240 Kan. 123, 126, 727 P.2d 912 (1986).
FACT argues that it fully participated in the permitting process as allowed by K.A.R. 28-16-61. K.A.R. 28-16-61(b) requires KDHE to provide for a public notice and comment period during the NPDES permitting process. During the public comment period, any interested person may submit written comments on a draft permit and may request a public hearing. K.A.R. 28-16-61(c). "All comments shall be considered in making the final decision and shall be answered as provided in subsection (e) of this regulation." K.A.R. 28-16-61(c). Clearly KDHE must allow citizens to comment on its proposed permits, and it also must respond to their comments.
At the request of FACT and others, a public meeting was held in Hodgeman County. At that meeting, members of FACT and two consultants hired by FACT submitted comments on the pending permit for Murphy's hog farm. The record does not disclose whether KDHE formally responded to FACT's comments.
FACT participated in the agency proceedings (permit review and public comment) that led to the agency action (granting the permit). During oral argument before us, KDHE's counsel said: "[T]hose citizens did both as a group and individually have the opportunity to participate in the permitting process through the public hearing process, through the opportunity to submit comments on the permit." We hold that FACT is entitled to assert standing as a "person who was a party to the agency proceedings that led to the agency action" under K.S.A. 77-611(b).
In NEA-Coffeyville, 268 Kan., Syl. ¶ 2, we said:
"An association has standing to sue on behalf of its members when (1) the members have standing to sue individually; (2) the interests the association seeks to protect are germane to the organization's purpose; and (3) neither the claim asserted nor the relief requested requires participation of individual members."
Under NEA-Coffeyville and Hunt, FACT has standing to seek judicial review of the KDHE's action. First, the individual members of FACT have shown sufficient imminent injury to sue individually. Second, there is no doubt that the interests FACT seeks to protect are germane to its purpose. FACT was organized for the express purpose of protecting its members from the adverse effects of a large-scale hog farm. Last, neither the claim asserted nor the relief requested requires the participation of individual FACT members. FACT seeks judicial review of agency action. The relief sought is revocation of the NPDES permit. Assuming FACT's initial contentions survive the discovery process, the district court's analysis will be whether KDHE complied with the various rules and regulations involved in granting an NPDES permit. This analysis does not require participation of individual FACT members.
The KDHE administrative regulations support FACT's standing as a "party." K.A.R. 28-16-62(g) specifically governs the procedures for modifying, revoking, reissuing, and terminating NPDES permits. Any interested person may request that a permit be modified, revoked, reissued, or terminated. K.A.R. 28-16-62(g)(1) (as FACT did here). Denials of such requests are not subject to public notice, comment, or hearings. However, the regulations state that this informal process is "a prerequisite to seeking judicial review of agency action" in denying the request. K.A.R. 28-16-62(g)(2). This is a clear indication that citizens are allowed to both comment on proposed NPDES permits and seek judicial review of permit granting.
Reversed and remanded.


text:
Nest Labs' first product has made it the darling of both the cleantech industry and design crowd. It's a cool-looking, some would even say sexy, thermostat that remembers the temperatures you like and comes with a mobile app for your smartphone.
The Nest Learning Thermostat retails for $249 and is so popular there's a gray market for them abroad, though Nest has declined to reveal how many units it has shipped. This month, Nest introduced Nest Protect, a $129 smoke and carbon monoxide detector, that goes on sale in November.
The venture-backed startup has more than 280 employees and is rapidly hiring. More than half of Nest's employees previously worked at Apple (AAPL), including co-founder and CEO Tony Fadell. The Mercury News recently interviewed Fadell at Nest's offices in Palo Alto; the interview has been edited for length and clarity.
Q: How do you imagine sales will roll out for Nest Protect, the smoke and carbon monoxide detector? Do you think the same people who bought the Nest Thermostat are likely to buy this, or is it a totally different market segment?
A: We can see both. We can see from our pre-orders how many are previous Nest customers as well as new ones with unique IP addresses that we've never seen before. Nest Thermostat owners like the carbon monoxide link. If Nest Protect's carbon monoxide alarm goes off, the Nest Thermostat automatically turns off the gas furnace. The No.1 carbon monoxide leak in the home is a faulty gas furnace, so a lot of people like that functionality. It's very similar to our Apple days: They started with a small iPod and they grew up into the Apple line over time, and they went all the way up to the Mac. Because Nest Protect is $129, it's a more accessible price point. They can buy into the Nest brand and find out what we're all about without going for the thermostat first and foremost. It's always nice to have a palette of products to be able to offer to people.
Q: Utilities have had this idea that the best way to drive energy efficiency was to change consumer behavior. Is it your view that people just want a good product?
A: Absolutely. At the end of the day people want to do the right thing, but they don't have the time. Everybody is stretched for time. They want to spend more time with their family. Why can't a product learn from you? That's why the Nest Learning Thermostat was invented. It learns from you. It's like having an assistant: You tell your assistant "I like this, I like that," and then it does it for you. Then you don't have to change your thermostat 1,500 times a year. You literally change your thermostat three to five times a day.
Q: Is there something specific that you are trying to build at Nest in terms of a corporate culture?
A: You can't prescribe these things. You don't see anything on the walls where we are writing down our mantra. It's not about going through some indoctrination class and rah rah rah, and then everyone forgets it. You have to be a model example. It's being engaged with each individual and each team, and explaining what we want and what we're trying to achieve for the customer. Learning by doing is the only way I know how to learn.
Q: Nest has a lot of buzz in both the design world and the cleantech community. What do you see as the big driver of the product's success at this point?
A: You have to look at why people come and work at Nest. Part of it is that a lot of people here already know each other, but we're also on a mission with a purpose. People are personally motivated by energy or safety. Those things are why we can steal people away from the biggest brands in the valley. This is a chance for people to work with a team that led the iPod and the iPhone. It's not just a startup with 20-somethings: We have seasoned talent from Fortune 500 companies as well as young talent, and we can blend all that together. People are like, "Wow, I want to be a part of that."
Q: You're selling the Nest Thermostat and Nest Protect in the United States and Canada. Anywhere else?
A: The thermostat is in the United States and Canada, and for the Nest Protect we're pre-ordering in the U.S., Canada and the U.K. It will also ship to nine other countries in Europe; it's a U.K. model but it will ship to nine other countries. We're expanding both the product lines and the regions that we cover, and we are continually expanding our retailers. There's massive growth. We're breathless.
Q: How many units a month are you shipping?
A: We're not saying that, but we are crushing the numbers. Our growth year over year is well over 100 percent. Even quarter to quarter.
Q: I live in Oakland, where the crime rate is very high. Have you guys thought at all about doing a burglar alarm?
A: We look at it all the time. The possibilities are endless, but unfortunately our resources aren't. We did two versions of the thermostat, we've got energy services partnerships with utilities, we just came out with Nest Protect, and this was all in less than two years. I think we're running at an incredible pace. We have to prove ourselves with each product and make sure that it is an incredible success before we move on. Nest Protect may seem simple, but it's actually incredibly hard to do. People are like, "Oh, this is like your second album." No, it's like we just did a hit movie, and then we did a hit album. When people say, "When are you going to do X, or Y, or Z," we'd love to. We'll get there.
Contact Dana Hull at 408-920-2706. Follow her at Twitter.com/danahull.
Tony Fadell
Age: 44
Previous jobs: Built the Mobile Computing Group at Philips Electronics; led the team that created the first 18 generations of the iPod and the first three generations of the iPhone at Apple
Education: University of Michigan, bachelor's in computer engineering
Family: He and his wife have two children, ages 5 and 6
Residence: Woodside
1. His father was a salesman for Levi's.
2. He attended 12 schools in 15 years and learns by doing.
3. He got the idea for reinventing the thermostat while building an energy-efficient home in Lake Tahoe.
4. His first recruit, and Nest's co-founder, is Matt Rogers, who was Fadell's first intern at Apple.
5. His Twitter handle is @tfadell

subset: commoncrawl


text: Microsoft creates the CodePlex foundation September 10, '09 Comments [28] Posted in Microsoft | Open Source | Programming Sponsored By Very cool news. Today Microsoft announce the creation of the CodePlex foundation. That's CodePlex.org. It's amazing the amount of work that goes into something like this. I was in on a lot of very boring (but important) legal conference calls with a lot of folks from within Microsoft but it was fascinating in its own legal way. There's a lot of people who want to see this work and really be something special. CodePlex.org is different from CodePlex.com, of course. The CodePlex foundation is a 501(c)(6) organization, separate from Microsoft. It's created to help commercial software developers use Open Source software. Here's the best part: "The Foundation has no pre-suppositions about particular projects, platforms, or open source licenses." This isn't the "Visual Studio Foundation" or the ".NET Foundation" or the "MS-PL Foundation." This is on purpose. Over the next few months we'll start hearing about how Projects can get involved and align themselves with the CodePlex foundation. When I was working with Corillian/CheckFree, it was a challenge to get Open Source software used on big proprietary projects. There was fear and confusion at all levels. We eventually got it done, and there's open source software from then-Corillian running at large banks and small credit unions all over the world. in my opinion, if CodePlex.org succeeds, open source software will be used by more professional software developers. Here's the interim board of directors and board of advisors. You can see it skews Microsoft initially, but that'll change in the first 100 days when we find permanent members. If you want to get involved, do! Board of Directors Sam Ramji, President Biography Bill Staples, Vice President Microsoft Biography Stephanie Davies Boesch, Secretary & Treasurer Microsoft Biography Miguel de Icaza Novell Biography D. Britton Johnston Microsoft Biography Shaun Bruce Walker DotNetNuke Biography From the site: Sam Ramji will serve as interim President of the Foundation. He will be supported by an interim Board of Directors, whose other members are Bill Staples, Stephanie Boesch, Miguel de Icaza, Britt Johnston, and Shaun Walker. Mr. Ramji and the interim Board will immediately begin a search for a permanent Executive Director, who will manage the day-today operations of the Foundation, as well as a permanent Board of Directors and a Board of Advisors. For the policy wonks, here's the foundation's bylaws (PDF) for you to peruse. This is important also, from the FAQ: Q: What is the difference between the CodePlex Foundation and CodePlex.com? CodePlex Foundation is an extension of the CodePlex brand established by Codplex.com. Codeplex.com has not only built a strong community, with more than 10,000 projects now hosted on the site, but has steadily built a recognized brand. CodePlex.com launched in June of 2006 out of a need for a project hosting site that operated in a way that other forges didn't – with features and structures that appealed to commercial software developers. The next chapter in solving for this challenge is the CodePlex Foundation (Codeplex.org). The Foundation is solving similar challenges; ultimately aiming to bring open source and commercial software developers together in a place where they can collaborate. This is absolutely independent from the project hosting site, but it is essentially trying to support the same mission. It is just solving a different part of the challenge, a part that Codeplex.com isn't designed to solve. I'm on the Advisory board, which is cool, along with other folks whose names I hope you recognize and respect as non-evil. If you're not familiar with the names, I've added my own mini-bio for each. Any errors are mine. Advisory Board Larry Augustin, SugarCRM - Larry was the chairman of VA Software now called SourceForge, Inc. Sara Ford, Microsoft - Sara runs CodePlex.com and has been an advocate of .NET open source for years. Aaron Fulkerson, MindTouch - Fulkerson is currently Founder and CEO at Open Source and collaborative network company MindTouch. Robert Gobeille, Hewlett-Packard - Bob is the lead architect of the FOSSology project, tools to facilitate the study and analysis of free and open source software. Phil Haack, Microsoft - Phil runs SubText, a .NET open source blogging engine, and he succeeded in releasing Microsoft's ASP.NET MVC under the MS-PL Open Source license. Scott Hanselman, Microsoft - This is me. I've worked on DasBlog as well as a number of smaller open source projects. I used to be the Chief Architect at Corillian, a leading retail online financial service firm, where we used a great deal of open source .NET software in our systems. John Lam, Microsoft - John is known for a lot of things, not the least of which his work on IronRuby, an Open Source .NET implementation of Ruby on the CLR. Jim Newkirk, Microsoft - Jim is one of the co-authors of NUnit and also XUnit.NET, both unit-testing frameworks for .NET. Monty O'Kelley, Microsoft - Monty has worked on partnerships between Microsoft and Novell as well as advocating to make Linux virtualize better on Hyper-V Stephen Walli - Stephen consults on software and open source strategy. He worked on the Interix environment to re-host UNIX apps on Windows NT, utilizing lots of open source software across a number of licenses. Monty Widenius, Monty Program AB - Monty is the main author of the original MySQL database and a founder of the MySQL AB Company. As a long time Open Source guy myself, I promise that I'll fight the good fight and continue to nudge things in the right direction. « Windows Tip: Easily show your Computer N... | Blog Home | Hanselminutes Podcast 177 - Hanselminuti... » About Scott Scott Hanselman is a former professor, former Chief Architect in finance, now speaker, consultant, father, diabetic, and Microsoft employee. He is a failed stand-up comic, a cornrower, and a book author. About Newsletter Sponsored By Hosting By Comments [28] Share on: Twitter, Facebook, Google+ or use the Permalink


text:
BASF evaluates strategic options for Construction Chemicals division
Strong focus on customers and business continuity remain of highest priority
BASF has announced to evaluate strategic options for the Construction Chemicals division. "We are doing this to ensure the successful development of the business in the long term," said Ralf Spettmann, President Construction Chemicals division.
Spettmann underlines: "For our customers, this means:
- In 2019, we will invest 100m€ globally into our business.
- All existing relationships with our customers and suppliers remain unaffected.
- We will continue to serve our customers with innovative solutions, excellent technical service and a high reliability.
- We remain committed to a high level of technical service in all our business lines across the globe.
- We will continue to invest into the reliability of our assets, we continue to upgrade our digital offerings and invest in innovations."
BASF conducts a structured M&A process and strives to sign an agreement within 2019.
In case of any questions, please come back to us.
Thank you and best regards,


text:
A shoal, sandbank, sandbar (or just bar in context), or gravelbar, is a characteristically linear landform completely within or extending into a body of water.[1] It is typically composed of sand, silt, and/or small pebbles.
A spit–sandspit is a type of shoal.
Description 1
- Composition 1.1
Formation 2
Types 2.1
- Sandbars and longshore bars 2.1.1
Harbour and river bars 2.1.2
- Nautical navigation 18.104.22.168
- Types 2.1
Shoals as geological units 3
- Barrier islands 3.1
- Human habitation 4
- See also 5
- References 6
- External links 7
Shoals are characteristically long and narrow (linear) and develop where a stream, river, or ocean current promotes deposition of sediment and granular material, resulting in localized shallowing (shoaling) of the water.
Shoals can appear as a coastal landform in the sea, where they are classified as a type of ocean bank, or as fluvial landforms in rivers, streams, and lakes.
A shoal–sandbar may seasonally separate a smaller body of water from the sea, such as:
- Marine lagoons
- Brackish water estuaries
- Freshwater seasonal stream and river mouths and deltas.
The term bar can apply to landform features spanning a considerable range in size, from a length of a few metres in a small stream to marine depositions stretching for hundreds of kilometers along a coastline, often called barrier islands.
They are typically composed of sand, although they could be of any granular matter that the moving water has access to and is capable of shifting around (for example, soil, silt, gravel, cobble, shingle, or even boulders). The grain size of the material comprising a bar is related to the size of the waves or the strength of the currents moving the material, but the availability of material to be worked by waves and currents is also important.
Wave shoaling is the process when surface waves move towards shallow water, such as a beach, they slow down, their wave height increases and the distance between waves decreases. This behavior is called shoaling, and the waves are said to shoal. The waves may or may not build to the point where they break, depending on how large they were to begin with, and how steep the slope of the beach is. In particular, waves shoal as they pass over submerged sandbanks or reefs. This can be treacherous for boats and ships.
Shoaling can also diffract waves, so the waves change direction. For example, if waves pass over a sloping bank which is shallower at one end than the other, then the shoaling effect will result in the waves slowing more at the shallow end. Thus the wave fronts will refract, changing direction like light passing through a prism. Refraction also occurs as waves move towards a beach if the waves come in at an angle to the beach, or if the beach slopes more gradually at one end than the other.
Sandbars and longshore bars
Sandbars, also known as a trough bars, form where the waves are breaking, because the breaking waves set up a shoreward current with a compensating counter-current along the bottom. Sometimes this occurs seaward of a trough (marine landform).
Sand carried by the offshore moving bottom current is deposited where the current reaches the wave break.[2] Other longshore bars may lie further offshore, representing the break point of even larger waves, or the break point at low tide.
Harbour and river bars
A harbor or river bar is a sedimentary deposit formed at a harbor entrance or river mouth by: the deposition of freshwater sediment, or the action of waves on the sea floor or up—current beaches.
Where beaches are suitably mobile, or the river's suspended and/or bed loads are large enough, deposition can build up a sandbar that completely blocks a river mouth and damming the river. It can be a seasonally natural process of aquatic ecology, causing the formation of estuaries and wetlands in the lower course of the river. This situation will persist until the bar is eroded by the sea, or the dammed river develops sufficient head to break through the bar.
The formation of harbor bars can prevent access for boats and shipping, can be the result of:
- construction up-coast or at the harbor — e.g.: breakwaters, dune habitat destruction.
- upriver development — e.g.: dams and reservoirs, riparian zone destruction, river bank alterations, river adjacent agricultural land practices, water diversions.
- watershed erosion from habitat alterations — e.g.: deforestation, wildfires, grading for development.
- artificially created/deepened harbors that require periodic dredging maintenance.
In a nautical sense, a bar is a shoal, similar to a reef: a shallow formation of (usually) sand that is a navigation or grounding hazard, with a depth of water of 6 fathoms (11 metres) or less. It therefore applies to a silt accumulation that shallows the entrance to or course of a river, or creek. A bar can form a dangerous obstacle to shipping, preventing access to the river or harbour in unfavourable weather conditions or at some states of the tide.
Shoals as geological units
In addition to longshore bars discussed above that are relatively small features of a beach, the term shoal can be applied to larger geological units that form off a coastline as part of the process of coastal erosion. These include spits and baymouth bars that form across the front of embayments and rias. A tombolo is a bar that forms an isthmus between an island or offshore rock and a mainland shore.
In places of re-entrance along a coastline (such as inlets, coves, rias, and bays), sediments carried by a longshore current will fall out where the current dissipates, forming a spit. An area of water isolated behind a large bar is called a lagoon. Over time, lagoons may silt up, becoming salt marshes.
In some cases, shoals may be precursors to beach expansion and dunes formation, providing a source of windblown sediment to augment such beach or dunes landforms.[3]
Barrier islands
Barrier islands are the largest type of the shoal geological units. Their geological sections include:
- Lower shoreface
The shoreface is the part of the barrier where the ocean meets the shore of the island. The barrier island body itself separates the shoreface from the backshore and lagoon/tidal flat area. Characteristics common to the lower shoreface are fine sands with mud and possibly silt. Further out into the ocean the sediment becomes finer. The effect from the waves at this point is weak because of the depth. Bioturbation is common and many fossils can be found here.
- Middle shoreface
The middle shore face is located in the upper shoreface. The middle shoreface is strongly influenced by wave action because of its depth. Closer to shore the grain size will be medium size sands with shell pieces common. Since wave action is heavier, bioturbation is not likely.
- Upper shoreface
The upper shore face is constantly effected by wave action. This results in development of herringbone sedimentary structures because of the constant differing flow of waves. Grain size is larger sands.
- Foreshore
The foreshore is the area on land between high and low tide. Like the upper shoreface, it is constantly affected by wave action. Cross bedding and lamination are present and coarser sands are present because of the high energy present by the crashing of the waves. The sand is also very well sorted.
- Backshore
The backshore is always above the highest water level point. The berm is also found here which marks the boundary between the foreshore and backshore. Wind is the important factor here, not water. During strong storms high waves and wind can deliver and erode sediment from the backshore.
- Dunes
The dunes are located at the top of the backshore. The dunes are typical of a barrier island. The high sand dunes are only affected by wind because of their height. Similarly, strong storms are the only thing that really affect the size of the dunes. The dunes will display characteristics of typical eolian wind blown dunes. The difference here is that dunes on a barrier island typically contain vegetation roots and marine bioturbation.
- Lagoon and tidal flats
The lagoon and tidal flat area is located behind the dune and backshore area. Here the water is still and this allows for fine silts, sands, and mud to settle out. Lagoons can become host to an anaerobic environment. This will allow high amounts of organic rich mud to form. Vegetation is also common.
Human habitation
Since prehistoric times humans have chosen some shoals as a site of habitation. In some early cases the locations provided easy access to exploit marine resources.[4] In modern times these sites are sometimes chosen for the water amenity or view, but many such locations are prone to storm damage.[5][6]
See also
- Category:Shoals
- Ayre (landform)
- Riverbank
- Coastal Barrier Resources Act — 1982 U.S. law.
- ^ Shoal - Dictionar.com. Retrieved 11 October 2015.
- ^ W. Bascom, 1980. Waves and Beaches. Anchor Press/Doubleday, Garden City, New York. 366 p
- ^ Mirko Ballarini, Optical Dating of Quartz from Young Deposits, IOS Press, 2006 146 pages, ISBN 1-58603-616-5
- ^ , ed. by Andy BurnhamMorro CreekC.Michael Hogan (2008)
- ^ Dick Morris (2008) Fleeced
- ^ Jefferson Beale Browne (1912) Key West: The Old and the New, published by The Record company
External links
- Media related to at Wikimedia Commons
- Media related to at Wikimedia Commons


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"Pick a date that would make a good mate." What does this very old saying have to do with this week's Pet Talk?
"Pick a date that would make a good mate."
What does this very old saying have to do with this week's Pet Talk? A lot.
Animal neglect and cruelty: Where does it come from? What allows people to stay inside while their poor starving dog is tied outside with possibly no shelter, freezing in sub-zero weather or baking in the hot sun? What causes a child or adult to deliberately injure or kill an animal? For decades, educated experts have presented many theories such as poverty, too much money, too much time and poor education.
Many of us in animal rescue know teaching kindness, showing kindness and empathy to our infants, toddlers and older children, as well as being kind to our partners, relatives and friends is critical if our goal is to raise a loving, caring adult who would never think of hurting an animal or person. Lack of empathy is at the core of most pet abuse and cruelty. And as a child learns empathy from his or her parents and/or guardians, it's very important as to who we date, partner, marry and/or cohabitate with.
Good looks, a fast car and money to burn do not mean caring and kind. While most animal abuse and cruelty is perpetrated by men, women also are implicated here. Sometimes both partners are guilty. How they treat each other and their children is how they treat their pets. Or maybe the rule of thumb is: How people treat each other and their pets is how their children are treated and learn how to treat others.
Our standards for selecting our dates and partners have focused in recent years on attractiveness and possessions. Many times people will overlook some serious character flaws if they are being wined and dined — crude or vulgar remarks and even disrespect is tolerated because people do not want to be alone. We think dysfunctional movie stars and rock stars are role models. Most of our children do not even know about famous inventors, engineers, research scientists, police officers or firefighters who have worked hard to improve lives, not just for their family but for everyone else. These are the people who should be our heroes.
When that geeky boy who studies hard and is good to his parents asks that young girl for a date, perhaps she should stop and consider if he will be a kind and loving husband and father (I married that geeky boy and got the most wonderful, gentle and kind animal-loving man anyone could ever ask for). And that quiet "wallflower" girl who dresses modestly and is soft spoken probably will make the best wife and mother. Children and pets raised by these people are very lucky.
We at Helping Paws have seen evidence of animal abuse — our first abuse case was a kitten who had two legs broken in several places by a group of preteen boys. Then there was a kitten who had an eye gouged out; a kitten with a foot cut off by a child; and a young cat that was stabbed in the side by an angry 14-year-old boy. If you want to see how crazy this world has become, visit www.pet-abuse.com. These stories are disturbing to say the least, but if it opens one person's eyes and helps save one animal's life, they are worth it.
Contact Rene Knapp at firstname.lastname@example.com.
Norwich Bulletin


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for Health Care Providers
Radiographic Studies
Back to: Image Library | Radiographic
Bartonella henselae/Bacillary angiomatosis: wrist X ray
A radiograph of the wrist demonstrates cortical bone erosion of the radius with active periostitis, adjacent to the vascular soft-tissue mass.
Jane E. Koehler, MD, University of California San Francisco. Reprinted with permission from Koehler JE, et al. Cutaneous vascular lesions and disseminated cat-scratch disease in patients with the acquired immunodeficiency syndrome (AIDS) and AIDS-related complex. Ann Intern Med 1988;109:449-455.
See related article in the HIV InSite Knowledge Base:
HIV and Bartonella


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Avocado Mocha Frosting
- 1 tsp 1 tsp 1 tsp Pure Vanilla Extract
- 1 1/4 Tbsp 1 1/4 Tbsp 1 1/4 Tbsp Decaffeinated Coffee, ground
- 1/2 cup 1/2 cup 1/2 cup Pure Maple Syrup
- 1/4 cup 1/4 cup 1/4 cup Organic Cocoa Powder
- 1/4 tsp 1/4 tsp 1/4 tsp Salt
- 3 3 3 Avocado
Note, these instructions are written assuming the standard serving size, since you have modified the number of servings, these steps may need to be modified for best results
- Cut avocados in half, remove pits.
- Remove the flesh and place into a food processor or high-speed blender.
- Add in all other ingredients.
- Blend until smooth.
The flesh of avocados is prone to browning due to exposure to air. The frosting exposed to air will become darker in color. Stir frosting immediately before use.
Our recipes are created using Paleo, Primal and Gluten-free guidelines. Learn more about our diet and lifestyle at www.primalpalate.com.
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The same networks that piled on Mitt Romney for highlighting questions about security for the Olympics have now rediscovered serious problems at the London games. Last Friday, CBS and NBC played up tabloid coverage of Romney as "Mitt the Twit." On Monday, however, Good Morning America's Amy Robach briefly noted, "Well another embarrassment for security at the Olympics. Someone lost a set of keys for Wembley Stadium, which is hosting soccer matches."
Over on Today, Meredith Vieira explained that a woman, who wasn't part of India's delegation, somehow crashed the opening ceremonies and marched with that country. Co-host Savannah Guthrie didn't take it too seriously, quipping, "I guess she just got caught up in the spirit of it all."
During the opening ceremonies, Friday, former NBC Nightly News anchor Tom Brokaw appeared. After being asked by Bob Costas just how prepared Britain is, he responded, "Well, as the best we can tell, very prepared...[There will be] British special forces all over the city [that] we will never see and cameras everywhere. So, you can only cross your fingers and hope for the best."
Costas made a not-so subtle reference to Romney's concerns. Regarding London's Mayor, Boris Johnson, the sportscaster quoted, "I love his reaction to Olympic skeptics. He dismisses them as Dismal Johnnys."
Prior to the former governor speaking out, the networks freely pointed out potential problems, warning of a "humiliating" "fiasco."
On Wednesday, Romney said this to Brian Williams about security: "The stories about the private security firm not having enough people, the supposed strike of the immigration and customs officials. That obviously is not something which is encouraging."
At first, NBC did not push the comments, but after the British press took offense, Friday's morning shows all featured stories about the "political firestorm" and the Republican's "stumble out of the gate."
CBS This Morning on Monday did not highlight the security concerns, but did focus on the ticket "fiasco" that has lead to empty seats at many of the Olympic events.
A transcript of the July 30 security stories can be found below:
AMY ROBACH: Well another embarrassment for security at the Olympics. Someone lost a set of keys for Wembley stadium, which is hosting soccer matches. Workers had to change several locks, but they insist security was never compromised.
MEREDITH VIEIRA: There is another person in the opening ceremony who is getting a lot of attention. A woman wearing a red shirt and blue pants marching alongside India's flag bearer. The only problem, she wasn't part of the delegation. The crasher is believed to be a volunteer from an earlier part of the ceremony. Olympic organizers say the woman was never a security threat. But Indian officials are demanding an investigation.
SAVANNAH GUTHRIE: I guess she just got caught up in the spirit of it all.
VIEIRA: She did, for sure.


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Homepage of the Linux NIS/NIS+ Projects
Main Page
More and more Linux machines are installed as part of a network of computers. To simplify network administration, most UNIX networks did run the Network Information Service.
Even if a lot of people declare NIS for dead and evil since several years and most new installations will use LDAP or Windows Active Directory, there is still a very huge base of NIS installations.
The Network Information Service (NIS) provides a simple network lookup service consisting of databases and processes. It was formerly known as Sun Yellow Pages (YP). The functionality of the two remains the same; only the name has changed. Its purpose is to provide information, that has to be known throughout the network, to all machines on the network. Information likely to be distributed by NIS is:
So, for example, if your password entry is recorded in the NIS passwd database, you will be able to login on all machines on the net which have the NIS client programs running.
NIS+ (Network Information Service Plus) was introduced by Sun Microsystems with the Solaris 2.x OS. It is compatible with NIS, but has a lot of additional features. With NIS+ it is possible to have hierarchical domains. All changes are done in the NIS+ database, it is not longer necessary to make changes on source files and to rebuild the complete maps. All changes are logged, so that a replica server can sync if it was down for some time.
Linux machines can take full advantage of existing NIS service or provide NIS service themselves. They can also act as full NIS+ clients, but the code did never reach beta quality and nobody is working on this anymore since decades.
This site tries to answer questions about setting up NIS(YP) and NIS+ on your Linux machine and the necessary tools.


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Krochet Kids
Half an hour ago my Mom told me to watch channel 58.3 because there was something about crochet kids. In my head I was like, "Do I really want to see little kids crochet?" I flipped to the channel anyway and realized I had it all wrong.
Krochet Kids International is a non-profit organization that employs women from Uganda to crochet hats which are then sold. By purchasing from KKI you are helping them give these women a stable income and the opportunity to provide for others. If you're not into wearing hats or would rather make it yourself, you can also support their efforts by purchasing some t-shirts, stickers, laptop covers, or tanks.
And to think this was all started by three surfer/skater dudes in need of something to keep their heads warm!


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ClothingActiveJackets & CoatsJeansPantsShirtsShortsSuits & Sport CoatsSweatersSwimT-Shirts & TanksUnderwear
ClothingActiveJackets & CoatsJeansPantsShirtsShortsSuits & Sport CoatsSweatersSwimT-Shirts & TanksUnderwear
offers from
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offers from
offers from
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Around the world, men's jeans are one of the most popular kinds of men's clothing. They not only are for basic reasons but can make you more stylish and more attractive than ever. Jeans are a type of men's casual wears which means that they are most appropriate for casual or informal occasions. However, with the right knowledge of styling, you can also wear them perfectly for corporate or semi-corporate occasions.
If you want to get the best set of men's jeans from the most trusted brands online in Kenya, Jumia Kenya has you covered. With the best prices and most convenient payment options, there is no other place that you want to shop online asides from our platform.
Styling jeans for men is necessary for you to always keep looking good. Whether you have a date or a meeting or a game, there are different ways you could wear a pair of jeans that would make you look stunning and spectacular. Here are a number of them:
1. With T-shirts
Every man has t-shirts. T-shirts are the king of casual wears and you can never go wrong with them. Styling jeans with t-shirts is most probably the most popular kind of combination for casual occasions for men. Men's t-shirts are not only stylish but are absolutely comfortable.
2. Corporate shirts
There is no rule that says that corporate shirts cannot be worn along with jeans, even though in most settings, men's formal shirts are deemed as most appropriate with men's trousers like pants and chinos. However, if you want a look that is not conventional and makes you stand out, wearing a formal shirt on a pair of jeans will not be a bad idea at all. Normal dressing rules like you tucking in your shirt and wearing darker shades of jeans usually apply in this case.
3. Sneakers
If you love casual outfits or if you usually have to attend a lot of casual events, then sneakers are not alien to you. Many men love sneakers because they make you look smarter, younger and, of course, more fashionable and up-to-date. A perfect casual outfit combination would include a t-shirt, a pair of jeans and a pair of sneakers.
4. Men's accessories
Accessories might not always be visible or obvious as other kinds of men's fashion products but they are, nonetheless, a perfect finish on your dressing. Men's accessories include fashion items like belts, cufflinks, wallets and so on. Belts come in different types, designs and sizes and you can find the best on our platform.
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Stockings offer a smooth beginning to an adventurous fun filled evening. They are the gateway to the sensual and desirable outfit. From the fun costume to an event gathering, boost your ego, confidence or even your private romance appeal. With the right size, style or selection you are about to embark on a journey into a night of passion. Take you partners wildest dreams and go a step beyond with the sporty thigh highs or to the moon and back with the pink bow back lace stockings. There are more than one pair to start the night out.
There's something so sexy about slipping on a pair of black, fishnet stockings, and hooking them up to a garter belt. Maybe it's the exciting thought of who will be taking them off! 3wishes.com has sexy stockings in many styles, for dressing up, dressing down, and being fun, flirty, naughty or nice.
For the classic black, fishnet thigh high you'll want to go with the Stay Up Back Seam Fishnet. This is a wider fishnet pattern, with lace detailing at the top, and a black back seam. For another fishnet look, get the Net Garter Belt Fishnet set, a two piece industrial garter belt and stocking set. This is simple, and oh so sexy!
If you're heading to the club or a hot night out, the Wet Look Thigh Highs are perfect! Match them with a leather mini or even short shorts. These form-fitting nylon and spandex blend stockings feature a lace detail at the top and are crazy sexy. So are the Skull Print Bow Stockings, black fishnets with skull print bows up the back!
We didn't forget the bride either; we have a selection of wonderful white stockings for that special day. The Bridal Stockings are sheer white with a pretty embellishment up the side and a lace top detail. We also have the Rhinestone Accented Thigh High, which comes in white or ivory with floral flocking and rhinestone accent.
3wishes.com has all of your stocking needs. Whether you're dressing up for a night in the bedroom, a night out on the town, or even your wedding day, our sexy stocking selections have you covered.


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Execution=Fail, Taste=Win
Last night I got home from work and decided that I really needed a little yoga in my life since It has been so long since I have done it. I decided to start with Rodney Yee AM Yoga because it really has the right poses to get me ready for a more intense yoga. After that I did Beginner Yoga For Abs again with Rodney Yee. I felt that yesterday since I hadn't practiced in so long that it was time to go back to the basics since my body is just not feeling as flexible as it once was.
After a wonderful yoga session I felt great and ready to make some dinner before my first meeting with my health counselor.
When I got home from work a package was waiting on my door step from Lodge Cast Iron Cookware. Inside was a 12″ cast iron pan and the best part is that it comes already seasoned so I don't have to take the time to do it myself, and that meant I could make dinner in it!
For dinner I had planned to take my carrots, kohlrabi and celeriac and make root veggie pancakes with some sauteed garlic chard. Thins were going well, I shredded up the carrots, kohlrabi and celeriac mixed them with a little water, garlic powder, salt, pepper, nutritional yeast and chickpea flour. I heated up my pan with a little oil and scooped out the root veggie mix for pancakes. After about 4 minutes they had browned and I thought they were ready to flip, however these little guys didn't want to flip for me and just crumbled every where. At this point my garlic chard was all done and I was in recovery mode. How was I going to make this all work for me without wasting any food?
I turned the oven on to 450F and I added all of the root veggies and the garlic chard to the cast iron pan and mixed them together eventually pressing it all down into an even layer. I decided that the mixture needed a little crunch so I topped it with a sprinkle of panko bread crumbs, chili powder and garlic gold. I then baked it for 10 minutes. Here was the test to see if this dish turned out to be something yummy or would it be a fail?
Topped with a little hot sauce and this was honestly the best thing I have eaten in a long time! The execution may have failed but in the end I created something delicious! Unfortunately I don't have an exact recipe for you this time but don't worry I will be recreating this VERY soon and will post a recipe for you.
Q: Have you ever made something that just didn't turn out how you expected but were able to turn it into something great?


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Even Nicki Minaj would be a protective mother.
The animated hip-hop artist told British tabloid The Sun that she wouldn't want her own kid to listen to her tracks if she or he wasn't old enough.
"Being honest, if I had a daughter I wouldn't want her listening to a Nicki Minaj CD until she was a certain age," the "Your Love" singer told The Sun.
"Even when I meet my fans and they tell me they are 12, I cringe a little," Minaj said. "I always say, 'Listen. I don't want you saying the bad words, put school first.'"
Many of Minaj's tracks are sexually charged and filled with curses. Her Billboard hit, "Your Love" is one of her more tame numbers; "Massive Attack," however, has both a clean version and a dirty version.
But the crazy-haired rapper wants to make it clear she loves all her fans, and the advice comes from the goodness of her heart.
"At the same time, I am like their bigger sister," she told the paper. "I'm not like their mom."
As dirty as her lyrics can be, Nicki Minaj added she is deeper than a profanity-laced line.
"When they really connect with me they know how big I am on school and how I always promote independence for women," she said.
Selected Reading: Contact Music, The Sun, MTV UK


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online game evil dragon against the heaven chapter 1
Haven't seen you in a while. Welcome back!
Good to see you back. Hope you can start posting regular again. You have been missed.
you're crediting The income during the Clinton Administration to Clintons raising taxes which is a mistake. You know that the Baby boomers were at the height of their spending years(they're retiring now), we had a tech revolution because everyone was buying computers, cell phones, fax machines, flat screen tv's , and we also had an incredible stock market thanks to the tech revolution and the dotcom boom(followed by the dotcom bust in 98'). Believe it or not, all of these thing would have happened even if Clinton wasn't in office. Al Gore would have you believe otherwise, but it is not true.
Was Clinton right to raise taxes in good times? yes, in order to pay down the debt, which he didn't, and to at minimum, balance the budget.
Would these things have happened if you and I were president and VP? Yes! they would have happened regardless of who was in office. You can't say that these things happened because clinton raised taxes though.
You always seem to have the answers I would like to have but can't always think of.
You are an excellent poster and always worth a read. Thank You.
Hey! Hiya, nice to meetcha Just read your post re: adopting special needs children. There is a special place in heaven for adoptive parents of special needs children, IMO.
Hope the 'heaven' comment doesn't offend! Also, I sent you a friend request, hope you don't mind.
Arg! I don't know why seemingly intelligent people don't understand the democratic process.
Damn! you're just about the best poster I've ever read.
I'm surprised you don't have a political blog or are a professional writer.
Got really cool stuff on rightwing extremists at Hello Dolly Llama. Look at the very bottom, the first post.
Paying To Play
Hooter Babe
Not quite there yet
I'm not-low all the time


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Enterprise Apps Worth $120 Billion This Year, Gartner Reckons
Spending by companies on enterprise software applications will amount to more than $120 billion, according to a forecast by the market research firm Gartner, which amounts to growth of about 4 percent over last year.
Bowing a bit to uncertainties brought on by the world economy, especially given the turmoil in Europe, Gartner revised the forecast downward a bit from its previous estimate.
Within that big bucket of spending are several classes of applications; the biggest by far is ERP, or enterprise resource allocation, which is the bread and butter of companies like SAP, Oracle and, in the cloud, Netsuite. Gartner says that's going to be a $25 billion business this year.
After that is Office Suites, which is dominated by Microsoft Office, at $16.5 billion.
Business intelligence, a sector where there's been a lot of start-up activity — companies like Domo, Birst and Good Data come to mind — is a $13 billion business.
That's tied with CRM (customer relationship management) at $13 billion as well, most of it split among Oracle, SAP and Salesforce.com.
And speaking of Salesforce, Gartner notes that more companies are demanding applications as a service, which most people describe simply as "in the cloud," which is why we're seeing traditional on-premise players like Oracle and SAP shifting toward cloud-based offerings and buying up younger cloud software companies.
Even with all the hype the cloud companies get, they make up a relatively small portion of overall software spending. Gartner says cloud and software-as-a-service offerings will account for only 16 percent of the enterprise software business by 2015.
Gartner's Tom Eid said that the increase reflects overall market demand, with more buyers evaluating their options during the current technology refresh cycle, and returning buyer confidence for enterprise software as the market slowly recovers and organizations resume investing in technology. SaaS and cloud-based services are forecast to grow in usage, expanding from 11 percent of enterprise application spending in 2010 to 16 percent in 2015.


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If you're an avid skywatcher who watches the sun through a telescope, you may notice a lack of sunspots recently.
NASA posted a shot of the sun taken Wednesday by its Solar Dynamics Observatory that shows no obvious sign of sunspots.
Sunspots are used as an indication of solar activity, but the lack of sunspots may not be all that unusual right now. This is the 31st day this year without sunspots.
Sunspots are disturbances in the sun's atmosphere characterized by strong magnetic fields. They appear dark because they are cooler than the surrounding areas. They are frequently associated with solar flares and coronal mass ejections (CME) which can launch x-rays and high-energy particles toward Earth. These can cause auroras and radio blackouts as they interact with the earth's atmosphere. They can also heat the earth's upper atmosphere.
Solar activity varies on a roughly 11-year cycle from minimum to maximum activity and back to minimum (though it's truly a 22 year period when you look at variations in the sun's magnetic field). We are currently headed into a minimum in solar activity.
What does this mean to us on Earth? For most of us day-to-day, not much. It means fewer auroras and less chance of radio blackouts.
Astronauts on board the International Space Station have fewer concerns about radiation. Earth's upper atmosphere will contract a bit, and this means space junk in very low Earth orbit will feel less atmospheric drag and stay in orbit longer, adding to the concentration of debris.


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Latin Grammy Awards 2012: Juanes, Jesse y Joy win big
LAS VEGAS -- Colombian rock superstar Juanes won the Album of the Year trophy for "Juanes MTV Unplugged" at the XIII Annual Latin Grammy Awards on Thursday evening in Las Vegas, and the Mexico City sibling pop duo Jesse y Joy (that's Jesse and Joy, to English speakers) won both Record of the Year and Song of the Year for their melancholy, down-tempo lover's lament "¡Corre!" (Run!).
Certifying their swift rise from upstarts to establishment pros, Jesse y Joy, who were voted Best New Artist in 2007, this year also won for Best Contemporary Pop Vocal Album for "¿Con Quién Se Queda El Perro?" (translated as "Who Gets the Dog?"). They also won Best Short Form Music Video for "Me Voy."
In contrast to last year, when the Puerto Rican sibling reggaeton-urban duo Calle 13 carted off practically every award save the Nobel Peace Prize, this year's haul was much more equitably distributed.
PHOTOS: Latin Grammys 2012 | Arrivals
To absolutely no one's surprise, two of the Latin Academy's favorite sons, Juanes and Juan Luis Guerra, were among the top honorees. Hours prior to the start of the telecast, Guerra, the Dominican singer-songwriter-producer, won the producer of the year trophy for the chart-topping "Juanes MTV Unplugged."
During the telecast, Juanes also won for Best Long Form Music Video for the visual version of "Juanes MTV Unplugged."
The pop group 3Ball MTY won the Best New Artist award in a crowded category that also included the promising Venezuelan rock band Los Mesoneros and Deborah de Corral, an Argentine model-turned-singer who's the ex-girlfriend of former Soda Stereo frontman Gustavo Cerati. David Bisbal won for best pop traditional vocal album. Los Tucanes De Tijuana, a veteran group that has long been eclipsed by more famous peers like Los Tigres del Norte, won the Best Norteño Album, and Pepe Aguilar won for Best Ranchero Album.
Like most musical awards programs, the Latin Grammys are nominally a peer-reviewed tribute to the top artistic work in the field. But in cash-conscious pragmatic terms, they're first and foremost a TV spectacle; only a handful of trophies actually were handed out during Univision's three-hour telecast which kicked off at 5 p.m. from Mandalay Bay Hotel and Casino on The Strip.
The real attraction for the millions of at-home viewers supposedly are the red-carpet arrivals, with their fashion-forward preening, and the live musical performances -- "live" being a problematic term if you're watching the delayed feed which aired at 8 p.m. on the West Coast.
PHOTOS: Latin Grammys 2012 | Arrivals
According to a handout supplied to reporters, there were a total of 21 performances -- leading off with rapper Pitbull belting out the bilingual "Don't Stop the Party" on a Roman bacchanal-themed set -- and altogether a dozen awards presented on live television.
Juanes was among the broadcast's performers. Turning 180 degrees from his recent acoustic adventures, he blasted out a signature tune, "Fijate Bien," backed by a brass section and a cameo Carlos Santana guitar solo. Guerra later brought the hall to its feet with his kinetic rendition of "En El Cielo No Hay Hospital" (In Heaven There Is No Hospital).
By far the most colorful performance came from Lila Downs, who sang her nuevo-folkloric "Zapata Se Queda" amid a procession of Aztec dancers, Day of the Dead figures and sombrero'd skirt-twirlers.
As telecast hosts, Lucero, the Mexican singer, and Cristian de la Fuente, the Chilean American actor (who changed outfits seemingly twice as often as his female partner), did their best to keep the wit quotient and scripted sexual tension high.
Some of the more intriguing awards were bestowed out of sight to all but a small studio audience. Carla Morrison, a spiky-sweet Mexican pop-rocker from Tecate who has drawn comparisons to singer-songwriters like Julieta Venegas and Natalia LaFourcade, won the best alternative song award for "Dejenme Llorar" (Let Me Cry).
PHOTOS: Latin Grammys 2012 | Arrivals
Appropriately, she squawked out an expletive of pleased surprise as she took the stage in a red dress, multiple tattoos criss-crossing her arms. During the telecast, Morrison won the Best Alternative Music Album award.
It's always a mild surprise when anyone other than Rubén Blades wins the Best Salsa Album award. This year Luis Enrique of Nicaragua carried off the upset with his record "Soy y Seré (I Am and I Will Be), besting four other nominees including Blades.
In the nebulous, catch-all category of Best Contemporary Tropical Album, Milly Quezada, the Dominican "Queen of Merengue," received the Latin academy's blessings over the legendary Cuban band Juan Formell y Los Van Van. In another minor wobble in the status quo, songwriters Ramón Enrique Casillas Ríos and Don Omar took the Best Urban Song for "Hasta Que Salga El Sol," topping a group of contenders that included perennial reggaeton/hip-hopper nominee Daddy Yankee.
Veteran Mexican rock band Molotov won Best Rock Album for their latest, "Desde Rusia Con Amor" (From Russia With Love), a characteristically smash-mouth disc grounded in old-school power chords and head-butting percussion.
Yalil Guerra, a Havana-born contemporary composer who now makes his home in Los Angeles, won this year's trophy for Best Classical Contemporary Composition for his work "Seducción." The piece, which is performed by pianist Elizabeth Rebozo, is from his album "Live in L.A."
In recent years, a number of Latin and non-Latin artists, including Carlos Santana and Paul Simon, have raised objections to the consolidation of certain Latin-music categories by the Grammy Awards. The outcry was so fierce that last summer the Recording Academy reinstated the Grammy Award category for Latin Jazz.
Arturo Sandoval, the Latin jazz lion who won awards Thursday for Best Latin Jazz Album and Best Tango Album, said backstage he didn't know whether the current Grammy categories are sufficient to cover Latin music. However, he said he believed that "everyone who makes a record with good intentions" and "professionalism" can be recognized, whether in an old or a new category.
One of the evening's most quietly moving moments occurred when Fonseca won for Best Tropical Fusion Album. In accepting, he gave a shout-out in Spanish to his war-ravaged Colombian homeland which, he said "never lost the illusion of peace."
At Eastside Luv bar's Subsuelo, everyone's in on the dance
Latin Grammys: Yalil Guerra wins for contemporary classical work
Juan Luis Guerra, Juanes among favorites at Latin Grammy Awards
Follow me on Twitter: @RJohnsonLAT
PHOTOS: Iconic rock guitars and their owners
The Envelope: Awards Insider
PHOTOS: Unfortunately timed pop meltdowns
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Married with iPods, Part 2: One Library to Rule Them All
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Last week, I showed you a technique for keeping your music collections separate from one another in a communal iTunes library. This week, I'll try and help out those of you with the opposite problem--people with fractured iTunes libraries across multiple user profiles who want to pool their family's media together.
The root of the problem is that unlike Windows Media Player, Winamp, or nearly any other multimedia jukebox application, there's no way to get iTunes to actively monitor multiple folders on your computer and add new content automatically. In a perfect world, you could tell iTunes to create its library based on the music stored in all the "My Music" folders of every user on your computer. Unfortunately, iTunes doesn't work that way.
You can, however, make it so that any media added to any instance of iTunes on your PC is copied to a single, central location that all users can access. Pointing every installation of iTunes on your computer to a common library is as easy as holding down the shift button when you launch the application. The hardest part, often, is archiving and merging all the separate media collections each user has been amassing up until this point.
We've made another step-by-step guide that walks you through the back-up, redirecting, and restoring of a single iTunes library that pulls content from every user account on your computer. For extra inspiration, you can also take a look at the Insider Secrets video I shot, that outlines the steps for this iTunes tip and last week's. With any luck, you can use both these tips together to pool all your family's media and iTunes purchases together, and still maintain some sanity-saving restrictions on what content is copied to your individual iPod or iPhone.
If you have any other tips to share, please include them in the comments section.


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One of the more enjoyable things about living in a city that doesn't have an NFL team is that, in theory, you aren't subject to being forced to watch a horrible local team at the expense of a marquee matchup, or a game that's about to build up to a wild finish.
Ah, but don't tell the residents of LA that this is always the case, because the league subjected them to a brief "Heidi" moment on Sunday when they cut off the great ending of Bills/Raiders to bring viewers, well, nothing.
From Michael David Smith and our boys at PFT:
U.S. & World
Sunday's thrilling Raiders-Bills game was televised in Los Angeles on KCBS — right up until the most thrilling part, when viewers were shifted from the great Raiders-Bills ending to three minutes of commercials, followed by kickoff of the Chargers-Patriots game.
PFT explains that the NFL treated LA as a secondary market for the Chargers, which is why the first game was pre-empted.
The League says it won't do that anymore, and with good reason. Trying to create secondary markets for a team is a stupid and pointless idea that only serves to infuriate people. If I live in LA, I don't want the league trying to force me to become a Chargers fan, especially at the expense of seeing a good game.
Leagues do this all the time. "Hey, you only live two hours away! It's almost like you're a San Diegan!" No. No, it isn't. You stop that right now. The Chargers are not LA's team (yet), just as the Seahawks are not Boise's team. You can't force these things.
But the more aggravating part of this miscue is that the league cut off the end of that Bills game in favor of ads. Cut off a game in favor of a kickoff that's happening right as we speak? That I can almost understand, if not tolerate. But to cut off a game in favor of a parade of commercials while you amble lazily into kickoff? Yeah no, that's a crime worse than arson. It needs to be a quick cut. BAM! One game to the next.
The NFL has gone to great pains to make fans of THE LEAGUE, and not just one team in general. It's the whole key to its success. You love one team, but you follow them all. And these early cutoff times go against that brilliant strategy. So while the NFL was smart to do away with the policy for LA, it needs to do away with the early cutoffs EVERYWHERE. And if the first game you watch still isn't over by the local team's kickoff, they should send you flowers and hot wings.


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A FEW MONTHS AGO, AN ENTREPRENEUR in the tri-state area was soliciting web development help via Craigslist. "I'm looking for a Meetup.com clone script," the listing said. "It must have all the social community features that Meetup.com has, including the capability to add new groups, users events, polls, connect to other social communities, shopping cart, sponsors and sub sites." Meetup, which was founded in 2002 and has about 80 employees, is reportedly valued at more than $50 million. The asking price for a replica was $300 to $600.
Last week, two ads appeared from the other side of the fence: a programmer-for-hire looking for something to build who claimed to have built a Facebook clone in four days, a Flickr clone in three days and a Google clone in two weeks. He noted that he'd also created a Craigslist clone, adding, "but no one visits it so we are posting this ad to Craigslist." When it comes to internet startups, much is made of the entrepreneurs who first bring an idea to market—innovators or "first movers," in the parlance of market researchers. But vastly more common are "fast followers," the ones who jump on a hot idea and dash off a carbon copy. After all, the first mover doesn't always win the race: just look at the Mac, launched in 1984, versus the Windows PC, launched in 1985, or at Facebook, which came after Friendster, Myspace and the Winklevoss social network HarvardConnection. Read More


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Where's the cheapest place to pick-up a 4L Erlenmeyer flask?
Quote from: ultravista on January 21, 2013, 03:10:00 PMWhere's the cheapest place to pick-up a 4L Erlenmeyer flask?I picked up a couple of 5L flasks and the best price I was able to find was a homebrew4less.com. Might want to check them out to see if they carry 4L (or just get the 5L)
I personally can't justify the cost of a 4-5 L flask, so I use 1 gal glass jugs. $40 buys a lot of ingredients.
All of my glass jugs have a concave bottom and I couldn't get the stir bar to stay on.
Does it matter what material the flask is made out of? I noticed some are pyrex, some are borosilicilate.
Thanks for that tip Tom. Will pass it along to other brewers. Just bought a stir plate and flask on-line but we have the University of Maine just down the street. Will pay them a visit and see what they have.


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Day packs
Whether you're on a hike, on your bike or on a trail run before the Monday commute, our light and agile day packs are the perfect crossover carry for the city and the hills.
From stylish retro backpacks like the Klettersack 30 to urban day packs with authentic hill walking ability like the Edge, our do-it-all day packs put agility first. While every one of our day packs from 5 to 25 litres is designed to deliver a versatile carry, the Phase, Flex and Link commuter laptop backpacks of our Three Six Five and Halo ranges are particularly suited to busy urban lifestyles.
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The legendary Puerto Rican cryptid is at it again . . . and this time, it's sucking the blood of innocent beasts in Oklahoma! According to KJRH:
Craig Martin recently captured three images of an animal he thinks could be a Chupacabra, a legendary species rumored to feed on the blood of goats. The pictures show the animal feasting on the carcass of a dead animal, and even captures the face of the animal.
Though a local biologist pointed out that it's probably just a coyote with a bad case of mange, Martin is convinced it's something else — maybe a hybrid animal or a monster.
I don't see any blood sucking in these pictures, but that sure is a mangy freakin canine.
Read more on KJRH. Spotted on Doubtful News!


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Mumford & Sons' Babel and Frank Ocean's Channel Orange are the two albums that absolutely, positively can't miss receiving Grammy nominations for Album of the Year. Babel, Mumford & Sons' sophomore album, is one of the year's best-sellers. It topped The Billboard 200 for three weeks in October. Channel Orange, Ocean's freshman album, debuted and peaked at #2 in July.
Mumford & Sons' 2010 debut album Sigh No More wasn't nominated for Album of the Year, but a song from the album, "The Cave," was a finalist for Record and Song of the Year last year.
The Grammy nominations will be announced on a live TV special on Dec. 5. LL Cool J and Taylor Swift are set to co-host the one-hour show. The awards will be presented on Feb. 10.
The Black Keys' El Camino is also likely to receive an Album of the Year nomination. The album debuted and peaked at #2 in December. The duo's last album, Brothers, was voted Best Alternative Music Album of 2010. (It beat Arcade Fire's The Suburbs, which went on to win Album of the Year. This suggests that Brothers might have won Album of the Year if it the panel of Grammy insiders that determines the nominations in the top four categories had put it in the finals.)
Leading contenders for the two remaining spots include Coldplay's Mylo Xyloto, Rihanna's Talk That Talk, Drake's Take Care, Bob Dylan's Tempest, Neil Young with Crazy Horse's Americana, The Lumineers' The Lumineers and P!nk's The Truth About Love.
Coldplay and Rihanna were nominated for Album of the Year with their previous studio releases, Viva La Vida Or Death And All His Friends and Loud, respectively. Coldplay's latest album didn't have the same impact as that 2008 work, but Rihanna continues to be at her peak.
Here are quick comments about these other leading contenders. The panel usually looks to have a diverse field of finalists, which might help Drake, the likeliest hip-hop representative. Two Dylan albums (not counting collabos) have received Album of the Year nominations. Americana would be Young's first Album of the Year finalist since Crosby, Stills, Nash & Young's Déjà vu in 1970. The Lumineers, whose "Ho Hey" is a top 20 hit, are also likely candidates for Best New Artist. P!nk has never been nominated for Album of the Year, and may be due.
Lionel Richie's Tuskegee was one of the year's best-selling albums and could also receive a nomination. But I wouldn't bet on it. The album consists of Richie teaming with current country stars to perform his best-known pop and R&B hits from the 1970s and 1980s. The genre-bridging aspect will probably appeal to some of the panelists. But others will argue that the nominations should go to the best music of 2012, not songs that are decades old. Ray Charles' 2004 duets album, Genius Loves Company, won Album of the Year, but Tony Bennett's subsequent Duets albums weren't nominated for the top award, probably for just that reason. Richie won Album of the Year for 1984 with Can't Slow Down, but the songs then were new.
Other albums that have a shot at a nomination include Gotye's Making Mirrors, .fun's Some Nights, Miranda Lambert's Four The Record, Little Big Town's Tornado and Bonnie Raitt's Slipstream.
Gotye's album features "Somebody That I Used To Know" (featuring Kimbra), the best-selling song of the year and the favorite to win for Record of the Year. Raitt received three Album of the Year nominations between 1989 and 1994.
Still more possibilities include Bruce Springsteen's Wrecking Ball, Zac Brown Band's Uncaged, John Mayer's Born And Raised, Maroon 5's Overexposed, Dave Matthews Band's Away From The World, Nas' Life Is Good and Paul McCartney's Kisses On The Bottom.
McCartney has received nine Album of the Year nominations (counting the Beatles). Springsteen has received two. Mayer and Dave Matthews Band have each received one.
Emeli Sande's Our Version Of Events has been critically hailed, but hasn't been a major seller. If the nominations were based strictly on the votes of rank-and-file members, it probably wouldn't be a serious contender. But since 1995, nominations in the top four categories have been determined by a panel of Grammy insiders. As a result, Sande's album has a real (if still outside) chance of breaking in to the finals.
All of these albums will also be competing for "genre album" awards. The P!nk, Mayer, Rihanna and Maroon 5 albums are likely to be nominated for Best Pop Vocal Album. The .fun album is also a potential contender for that award.
The Black Keys, Coldplay, Neil Young with Crazy Horse, Springsteen and Dave Matthews Band albums are the likely nominees for Best Rock Album. (Note that the Grammys slotted Young's Americana album here rather than in the Best Americana Album category.)
The Richie, Lambert, Little Big Town and Zac Brown Band albums are likely to be nominated for Best Country Album.
The Mumford & Sons album is the front-runner to win for Best Americana Album. The Raitt, Lumineers and Dylan albums are also likely to be nominated in that category.
Ocean's album is a cinch to win for Best Urban Contemporary Album. Sande's album is a candidate for a nomination in that category. (This is a new category this year. It's an adaptation of a former category, Best Contemporary R&B Album, which was dropped last year as part of a major Grammy overhaul.)
Drake's album is the front-runner to win for Best Rap Album. Nas' album is also likely to be in the running.
Gotye's album is the front-runner to win for Best Alternative Music Album.
McCartney's album is the front-runner to win for Best Traditional Pop Vocal Album.
Note: Taylor Swift's Red was released after the end of the eligibility year, which runs from Oct. 1, 2011 to Sept. 30, 2012. So it wasn't among the 756 albums on this year's eligibility list.


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The Mississippi Children's Museum wants to start something big. We want to ignite the spark of creativity that's inside each and every one of us. To get kids – and kids at heart – energized about life's incredible possibilities. To awaken a real, lifelong passion for learning, exploration, and discovery. And it starts with you, maybe even today. Come get things sparking, soon. Join the Mississippi Children's Museum. It'll inspire you, too.
(Mississippi Children's Museum)


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Anna, TX Real Estate
Population: 2,500 Anna is a small town with lots to offer. The Anna Independent School District is dedicated to excellence with both exemplary and recognized campuses. Located just 45 miles north of Dallas and only 12 miles north of McKinney, Anna has the nearby amenities of the city with the friendly appeal of a small town. What a great place to raise a family! View Properties in this Community > Ebby Halliday Offices Serving this Community: Allen > Frisco > McKinney > Plano > Preston Plano Parkway > Richardson > Sherman > Other Ebby Offices > Education Anna ISD Anna High School Rated " Exemplary " by the Texas Education Agency TEA " Gold Performance Award " for: Attendance Rate Improvement in Mathematics Improvement in Reading Recommended High School Program Participation Anna Middle School Rated " Exemplary " by the Texas Education...
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