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The Atlanta Falcons were awarded an extra pick in the NFL draft Monday, receiving a third-round selection as compensation for their free agent losses last season.
The Atlanta Falcons on Monday retained the exclusive rights for defensive tackle Montavious Stanley. Last season, Stanley totaled 35 tackles and two fumble recoveries in his first year with the Falcons after being signed as a free agent in Aug. 2007.
The Atlanta Falcons have agreed to terms with record-setting kicker Jason Elam, who is leaving Denver after 15 seasons with the Broncos.
FLOWERY BRANCH - The Atlanta Falcons today traded cornerback DeAngelo Hall to the Oakland Raiders for a second round selection in the 2008 NFL Draft and a future fifth round pick in 2009.
FLOWERY BRANCH sss- After cutting Alge Crumpler, the Atlanta Falcons signed former Georgia tight end Jason Rader on Friday.
ATLANTA - The Atlanta Falcons re-signed quarterback Joey Harrington only one week after cutting the six-year veteran.
The Atlanta Falcons continued their rebuilding process on Monday, signing free agents Alex Stepanovich and Tim Anderson. Stepanovich, a 6-4, 300-pound center, joins the Falcons after playing 12 games with four starts for the Cincinnati Bengals last season. He was drafted in 2004 by the Arizona Cardinals where he was a starter in his rookie season. Anderson, a 6-4, 304-pound defensive tackle, has 82 career tackles and one sack over a four-year span with the Buffalo Bills, who drafted him in 2004.
ATLANTA - The Atlanta Falcons signed free-agent defensive tackle Kindal Moorehead and two more defensive linemen on Friday.
ATLANTA - The Atlanta Falcons released quarterback Joey Harrington on Wednesday, leaving the team with only two quarterbacks as it prepares to address the position in the NFL draft.
The Associated Press
ATLANTA - Michael Turner says he was won over by the Atlanta Falcons' aggressive efforts when he agreed to a six-year deal Sunday.
ATLANTA - The Atlanta Falcons continued to court running back Michael Turner on Saturday while signing free-agent defensive backs Erik Coleman and Von Hutchins.
ATLANTA - The Atlanta Falcons backfield began to take shape Friday when the team re-signed quarterback Chris Redman and entertained free-agent running back Michael Turner.
INDIANAPOLIS - Overhearing an announcement that the Atlanta Falcons had called tails and won a coin flip to secure the third pick in the NFL draft, Matt Ryan interjected, "Tails never fails."
INDIANAPOLIS - The Atlanta Falcons won a coin toss for draft position on Friday, meaning they will pick third in the April 26 draft with Oakland fourth and Kansas City fifth.
ATLANTA - The Atlanta Falcons began a major overhaul Tuesday after a dismal season, signing three linemen at the start of free agency, re-signing defensive tackle Jonathan Babineaux, and cutting former Pro Bowl safety Thomas DeCoud.
The Atlanta Falcons today announced they have promoted Mark Collins to outside linebackers coach and hired Andrew Thacker, a Gainesville High graduate, as a defensive assistant.
ATLANTA - Falcons running back Jason Snelling has retired, ending his seven-year career.
ATLANTA - The Atlanta Falcons have re-signed Corey Peters, one of the team's three defensive tackles who were unrestricted free agents, to a one-year contract.
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Cakewalk Sonar 7: Apply Dynamics Control To MIDI Data
Craig Anderton
May 20, 2008
Right-click in the FX bin of the MIDI track you want to process, and insert the MIDI Velocity plug-in.
To compress by a specific ratio, first click on the Scale button, double-click on the numerical, and enter a number that's the inverse of the compression ratio (e.g., for 4:1 compression, choose 25%; for 3:1 compression, choose 33%).
Click on the MIDI track to select it, then go to the Process menu and click on Apply MIDI Effects. Make sure "Delete the effects from the track effects bin" is unchecked.
Now it's time for the MIDI equivalent of adding "makeup gain." To find the amount of gain you need to add, do the following math: 127 x (1-(the scale value entered in step two/100)). For example, if you entered a scale value of 33%, the equation is 127 x (1-(33/100)) = 85.
On the Velocity plug-in, click on the Change button, and add the "makeup gain" number you calculated in Step 4 (in this case, 85). Then, repeat Step 3.
If you also want to set an upper or lower limit, i.e., have no notes higher or lower than a certain velocity value, click on the Limit button and specify high and/or low velocity limits. This example shows that no note will have a velocity lower than 30. Repeat step 3 to make this change permanent, but this time you can delete the effect as we're done doing any MIDI processing—and now you have "compressed" data.
Instead of using a single Velocity plug-in and applying two operations, you could also insert two Velocity plug-ins, set the first to scale velocity values and the second to add "makeup gain," then apply both of them simultaneously.
Expansion works in reverse: Instead of dividing then adding a constant, you subtract a constant, then multiply.
In step 4, you needn't be too precise, and can round numbers off to the nearest integer.
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R2-D2 light-up bra goes beep and boop on your bust
R2-D2's iconic droid look has inspired quite a few products, ranging from speakers to a rolling suitcase. Instructables user seamster took a look at R2-D2 and zoomed in on the "Star Wars" robot's head. What did it remind him of? Why, a bra, of course.
Most people would giggle about the idea and then move on, but seamster set about making not one, but two R2-D2 bras. He also posted painstakingly detailed instructions for making your own from scratch on Instructables.… Read more


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Alpha Version of Fedora 19 Released
Fedora developers release the first alpha version of Fedora 19, known as Schrödinger's Cat, for general testing. The final release is expected in July 2013.
New developer offerings in this release include the Developer's Assistant tool, which provides templates, samples, and toolchains to help with coding projects and lets you publish directly to GitHub. This release also includes Ruby 2.0, the latest version of node.js, and 3D modeling and printing tools, such as OpenSCAD and Skeinforge. And, the OpenShift Origin feature lets users build their own Platform-as-a-Service (PaaS) infrastructure to facilitate development and deployment of software.
Additionally, the alpha version of Fedora 19 integrates the optional Syslinux boot tool for simplified booting. The developers state that they "have added support for using syslinux instead of GRUB via kickstart and plan to add a hidden option in Anaconda installer as well."
The Schrödinger's Cat alpha release is supported by the Fedora QA team. To report issues, you can contact the team at firstname.lastname@example.com or in #fedora-qa on freenode. Visit the F19 Alpha release announcement for more details on the many included features.
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New TLS Attack Takes the S out of HTTPS
Vulnerability affects many Linux web servers
Munich Adopts Kolab
The Bavarian capital shuns Microsoft, Google, and other alternatives to implement an open source groupware solution.
Canonical Announces Ubuntu Smartphones
Phone vendor partnerships bring Mark Shuttleworth's dream of Ubuntu on a phone a step closer to reality.
Piviti Seeks Funding
Donors will get to vote on new features for the free video editor.
Debian Tech Committee Votes for systemd
Debian project puts init out to pasture and says no to Ubuntu's Upstart.
The Mask: Scary New Face of Internet Intrusion
Ultra-sophisticated attack tool might have originated from a state-sponsored intelligence service.
Epoch 1.0 Released
New alternative for init comes with a small footprint and minimal configuration.
Wayland 1.4 Challenges X11
X marks the target for the next-generation windowing system.
Red Hat Adopts CentOS
Super-clone CentOS Linux gets beamed up to the mother ship.
W3C Promotes Media Source Extensions
HTML technology will enable new video editing and playback options.


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United States Land and PropertyEdit This Page
From FamilySearch Wiki
IntroductionThe availability of land attracted many immigrants to America and encouraged westward expansion. Land ownership was generally recorded in an area as soon as settlers began to arrive. These important records sometimes exist when few other records are available. Land records are primarily used to learn where an individual lived and when he lived there. They often reveal other family information, such as the name of a spouse, heir, other relatives, or neighbors. You may learn where a person lived previously, his occupation, if he had served in the military, if he was a naturalized citizen, and other clues for further research. Getting started with United States Land and Property researchDid you know?
The Land Acquisition Process and Types of LandIn the United States, land is acquired in basically one of two ways; from the government or from an individual. The first sale of land from the government to a person is called a grant. Thereafter, the sale of that land from a person is called a deed.
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Since 1989, the Fish and Wildlife Research Institute (FWRI) has coordinated the Index Nesting Beach Survey, a detailed sea turtle nesting-trend monitoring program conducted in conjunction with the Statewide Nesting Beach Survey. The index survey uses standardized data-collection criteria to measure seasonal nesting and allow accurate comparisons between beaches and between years. Consistent effort by location and date and specialized annual training of beach surveyors make the index program suited to these trend assessments. Approximately 30 percent of Florida's beach length is surveyed under index-survey criteria.
FWRI coordinates data collection through a network of surveyors, including federal, state and local park personnel; other government agency personnel; members of conservation organizations; university researchers; and private citizens. FWRI staff train beach surveyors and compile data from the annual surveys.
At a core set of index beaches monitored since 1989, trained surveyors monitor 320 kilometers of nesting beach (nearly 200 miles) divided into zones that average 0.8 kilometers (approximately a half mile) in length. These core index beaches represent the Atlantic and Gulf coasts of peninsular Florida. Beach surveyors monitor core index zones daily during a 109-day sea turtle index-nesting season (May 15 through August 31). Researchers record nests and nesting attempts by species, nest location and date. Index nest counts represent approximately 69 percent of known loggerhead nesting in Florida, 74 percent of known green turtle nesting and 34 percent of known leatherback nesting.
A loggerhead sea turtle throws sand over a nest, concealing her eggs, on an index beach in Brevard County.
Loggerhead Nests
Observed loggerhead nest counts on Florida's 26 core index beaches varied from a peak of 59,918 in 1998 to a low of 28,074 in 2007. In the most recent nesting season (2013), nest counts fell below those of the previous high year. Index beaches in the Florida Panhandle, which are not part of the set of core beaches, also had high loggerhead nest counts in 2012 and lower counts in 2013.
Annual loggerhead nest counts on core index beaches. From 1989 through 2013, annual counts ranged from 28,074 to 59,918 nests. Survey effort remained nearly identical. These data represent peninsular Florida and exclude an additional set of beaches in the Florida Panhandle and southwest coast that were added to the program in 1997.
Annual loggerhead nest counts on Florida Panhandle Index beaches. Between 1997 and 2011, there was a general decline in the annual number of nests counted on Panhandle Florida index beaches; however, 2012 and 2013 saw high nest counts in comparison to the previous decade.
Concern over declines in annual loggerhead nest counts prompted researchers to conduct a detailed analysis of the species' nesting trends since 1989. Download a 2009 journal article about the research:Decreasing Annual Nest Counts in a Globally Important Loggerhead Sea Turtle Population.
The article Trends in Nesting by Florida Loggerheads includes survey data through 2013.
Green Turtle Nests
Green turtle nest counts have increased approximately one hundredfold since counts began in 1989 – a trend that differs dramatically from that of the loggerhead. The nest count for 2013 was more than twice the count from the next highest year.
Annual green turtle nest counts on core Index beaches. Since 1989, nest counts have ranged from 267 to 25,553, peaking in 2013. Numbers show a mostly biennial pattern of fluctuation, with the 2013 counts exceeding twice the next highest year.
Leatherback Nests
Surveyors counted 322 leatherback nests on core index beaches in 2013. These counts do not include leatherback nesting at the beginning of the season before May 15; however, the index provided by these counts remains a representative reflection of trends. Similar to nest counts for green turtles, leatherback nest counts have been increasing exponentially.
Annual leatherback nest counts on core Index beaches. From 1989 through 2013, leatherback nests at core index beaches numbered from 27 to 615.
FWC Facts:Sea turtles are born with the instinct to move in the direction of the most open horizon. On a natural beach, this direction is toward the ocean.
Learn More at AskFWC


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Thursday, December 20, 2007
Secretly Released
Just as Bobby Petrino left Atlanta under cover of darkness so too did two very interesting ETFs get quietly listed today.
The first is iShares JP Morgan USD Emerging Market Bond Fund (EMB) with a hat tip to 24/7 Wallstreet.
Based on the name I infer that the bonds are dollar denominated like the similar PowerShares product (PCY).
The average coupon is 7.76% but the average price, assuming that means price paid is over $110 so the yield is probably in the sixes and in fact I found an average yield to maturity of 6.29% on the iShares page but can't vouch for that.
EMB is heaviest in Brazil, Russia, Turkey and Venezuela with ten countries in all.
The other fund is the PowerShares S&P 500 Buy Write Portfolio (PBP) with a hat tip to me as I found it on the home page when I went to compare EMB to PCY. I exchanged emails with someone at PowerShares about this fund a week or two ago and was told it is an ETF (as opposed to the ETN from Barclays) and it will pay a dividend.
I am excited (wow I am a nerd) about both of them. I will say easy does it on PBP for a while. While I am sure this is wrong, this strikes me as a candidate for having unintended consequences. I really do hope I am wrong as I would like to use it but it will need to prove itself before I do.
11 comments:
- Anonymous said...
Indexuniverse.com also has a post up about PBP and notes that others are soon to follow, including a buy/write for the Nasdaq 100. Also a couple of new strategy etfs in the offing from Powershares. Pretty interesting if not exciting.
- Roger Nusbaum said...
Carl(?) Delfield had a post about the other ones on Seeking Alpha.
PIE is interesting (emerging market technical leaders). I think of emerging as capturing specific sectors or country types. buying a fund in the space that can change holdings regularly means giving that up. I could see that resulting in a huge winner or a total dud (watch I'll be wrong and it performs the same). - 5:40 PM
- T said...
Funny, I bought PCY Wednesday for my Speculative Portfolio. The yield and portfolio are interesting and fill a void for me. Not for the faint of heart. And not for my Permanent Portfolio at this stage.
- Anonymous said...
I've been doing some research on
this....great topic. What about
EDD (closed end vs. open?)
and PLMAX. Any opinions?
thanks in advance - 8:31 AM
- Roger Nusbaum said...
I wrote about EDD for Real Money. I am favorably disposed to the concept but the fund is not immune when problems hit the CEF market. A few clients own a different share class of PLMAX and I have been pleased with it. If you look at, it did not drop a dollar on Dec 12, it went ex that day and Yahoo is not picking it up.
- Anonymous said...
I've seen some articles about closed end funds with realitively high yeilds(mostly equity income type funds with about an 8% yeild) which are selling at a large discount because of year end selling. Do you think these are appropriate for a portfolio seeking a somewhat stable principal and high income? I know you do not recommend specific stocks or funds but do you have any other general suggestions? - 11:05 AM
- Roger Nusbaum said...
seeking a somewhat stable principal?
So look at the charts of some CEFs you are considering.
They are probably stable...until they aren't, if you know what i mean.
Going too heavy causes problems. If you have a couple with a small weight that go down 20% no real harm done. people who go really heavy--harm done.
As far as the tax loss selling, that seem reasonable but I am not sure gaming that as a catalyst for the general decline jibes with seeking a somewhat stable principal. - 1:24 PM
- Anonymous said...
What about the closed-end Buy Write ETF MCN. It currently trades at a 15% discount to NAV with close to a 12% yield. Why pick a new buy write fund when these attractive discounts are available? Also BEP is now selling at a 6% discount. Early in the year it was selling for a +20% premium to NAV. It's current yield is close to 13%. What are the advantages of using a new product? Thanks, - 1:27 PM
- Roger Nusbaum said...
gaming future moves in the discount are difficult and aggressive and if someone hired me and said they wanted a stable price and income I am not sure loading up on cefs is the way to go.
if gaming this sort of thing is in your wheelhouse who am I to say you shouldn't?
mcn is a fine fund. I used to own it for clients but switched quite a while ago now infavor of foreign in the space.
the advantage of the new product, if it ends up working will be that returns will look like the BXM index which is a compelling idea and it should not get crushed as bad as a similar CEF during the next market event. again, if the ETF works. - 1:35 PM
- Anonymous said...
Hi Roger,
What did the PowerShares folks think the PBP dividend would be? On their web site it shows $.05 dividend for 1Q08.
Other ETFs like NFJ have a very high dividend so I would have expected the same from PBP.
Thank you,
Tom F - 11:36 AM
- Roger Nusbaum said...
NFJ appears to be much more volatile as I would expect for a CEF.
The $0.05 is a disappointment but I am not sure if there is a lag of some sort such that due to the fund commencing in 12/27 that it does not take in a full three months.
One thing I can tell you is the PBP's dividend will not be constant. When premiums are richer the dividend will be richer and vice versa. - 11:42 AM


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Trevor Hieb of Aberdeen Central tries to escape the grasp of Watertown¿s Brady Burghardt during their 120-pound match Saturday at the Watertown Dual Tournament. Burghardt won the match 9-5, but Central defeated the Arrows 52-17 in the dual to capture third place in the tournament. Photo by Roger Merriam, Watertown Public Opinion
December 2, 2012


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House Hunters: Where Are They Now?
Tune In
April 22, 2014
1:00 PM e/p
Ever wonder what happens after our house hunters choose their new homes? In this episode we revisit some of our most memorable buyers to see the stories that unfolded after our cameras stopped rolling. First, we check in with the Griggs family of Orange County, California, who were able to leave their cramped townhome, and spend $1.5 million dollars on a bigger place, thanks to Dad's successful internet business. But the real work started after they found their home, as they launched a massive renovation project that came with unexpected surprises, not all pleasant! Next, we see how Brandon Dalaly used a $300,000 budget to buy a modest condo in Birmingham, Michigan, and turned it into a bachelor's paradise,featuring a toilet you have to see to believe. Finally, we return to Fargo, North Dakota, where emergency room doctor Mary Aaland, armed with a $700,000 budget, transformed a historic mansion into an entertainer's dream!


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Wisconsin's Brooke Ammerman lays on the ice as UMD's Elin Holmlov sits against the board after being called for a five-minute major in the second period. The penalty was a turning point in the game as Holmlov was ejected from the game for boarding. (Brett Groehler / UMD)
Read the article: College hockey: Major penalty gives Badgers major edge over UMD women


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This is a social networking group for NYC area Java developers, managers, recruiters, basically anyone with an interest in Java technologies. We feature technical presentations. Feel free to bring a presentation, a demo, flyers, make an announcement or ask questions. We usually adjourn to a nearby bar afterwards
The NYC Java Study Groups JUG is the sponsor of the NYC Java Meetup and it's traditional monthly general meetings (for over 15 years) and the NYC Java Monthly Meetup are now one in the same. Study groups include: the Java Mobile study group (featuring the http://skylight1.googlecode.com open source project) as well as Java certification, Design Patterns / JEE (study groups on hiatus if interested contact organizer) To learn more visit: http://nycjava.net
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General Forms
There are 5 justice courts in Mohave County that hear a combined caseload of approximately 50,000 cases each year. These include civil lawsuits where the amount in dispute is $10,000 or less, landlord and tenant controversies, small claims cases and the full range of civil and criminal traffic offenses, including DUIs. Justices of the Peace also resolve other types of misdemeanor allegations (e.g. shoplifting, writing bad checks, violating restraining orders) and, like other trial judges, also handle requests for orders of protection and injunctions against harassment.
ALL PARTIES TO A COURT PROCEEDING ARE STRONGLY URGED TO OBTAIN LEGAL ADVICE FROM AN ATTORNEY. COURT PERSONNEL CANNOT GIVE LEGAL ADVICE. Court proceedings are governed by Arizona law and are extremely complicated. All parties involved must follow these procedures correctly. The Court may issue an order for monetary penalties against any party who does not proceed properly.


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Published June 29, 2013, 12:00 AM
The best seinor football players in Minnesota are in St. Cloud
St. Cloud, MN (WDAY TV)-- A handful of area athletes where on the gridiorn for the final time today as high schoolers. That included life long friends from the Heart O'Lakes Conference that finally got to make a connection on the field.
Read the article: The best senior football players in Minnesota are in St. Cloud


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Web browser or Office suite? Microsoft's and Google's office productivity and collaboration clouds pit rich and complex against simple and lean more
In a relatively short time, cloud computing, specifically Infrastructure-as a-Service, has shifted from a new but unproven approach to an accepted, even inevitable, model. more
A recent IDG Market Pulse survey found that IT organizations are questioning their long-term viability as a professional computing tool, citing limitations around functionality, durability and reliability. more
Sponsor: IBM | Topic: Applications


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Daily Index
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The Observer
Breaking News from the Associated Press at the New York Times
Vol XXXIII No. 5
Monday, August 30, 1999
ND launches new website
By LAURA ROMPF
There's a new style at www.nd.edu, and it reflects the spirit of Notre Dame, according to University Web administrator Tom Monaghan. "Most would admit that the old site needed improving," he said. "Our goal was to create a site that reflected the institution." The complete redesign took about 4 1/2 months. ...
Nugent to lead Human Resources
Special to the Observer
Richard F. Nugent Jr., director of employee relations, employment and training and development at Notre Dame, was promoted to assistant vice president for human resources at the University. A 1977 graduate of Notre Dame, Nugent previously served as the University's assistant director of human resources from 1995-98. He replaces Roger Mullins, who resigned effective July 1. ...
Interest rates may not affect students
By ALISON HEINZ
The Federal Reserve Board made the second interest rate hike in less than two months last tuesday. The Fed said that the measure was needed in order to avert inflation. Although the increase is only a quarter of a percentage point, the board said the risk of inflation should be considerably reduced. ...
85 succumb to heat during football game
Observer staff report
With heat index on the football field reaching higher than 100 degrees, Notre Dame Sports Information reported that 85 spectators suffered from heat-related illness during Saturday's game against Kansas. While the shadow of the press box helped cool temperatures on the west end of stadium, the rest of the spectators baked in direct sunlight for the majority of the game. ...
New student center takes shape on site of old bookstore
A new building on South Quad, in the former location of the Hammes Notre Dame Bookstore, will house First Year of Studies, Student Academic Services, Campus Ministry and a satellite office of the Center for Social Concerns. The $14 million project, expected to be complete in early 2001, was designed by Stecker, LeBau, Arneill and McManus, the same firm that designed the Eck Center. ...


text: McAlister's Deli - Coming Soon 2220 North Green River Rd.Evansville, IN 47715 Ph: 812-618-2050 Get Directions View Menu Catering Tweet TALK TO US CHECK-INS REVIEWS Jason's Deli on Foursquare 239 total check-ins Amber W. is the Mayor 3 check-ins 9 Tips Jake W. Great food and free ice cream! How could you not like that? Oct 4 Sonja O. Great food!! Friendly service!! Sep 19 Mallorie C. Wonderful food & great atmosphere! Nov 15 Julie S. Long wait for soup and two sandwiches. About 25 minutes. Quality could be better for the price. Oct 25 Andy H. Some good sandwiches, and a nice salad bar. Oct 7 Jake K. Great food! Friendly staff! Oct 6 Jacqueline R. Lots of organic options!! Love that! Sep 26 Sarah H. Very good! Free ice cream! Sep 18 Betty W. Great group of people! Try this place out, they have great food! They open Sept 9th! Good luck with the business! Aug 23 Yelp Sorry, there are no Yelp reviews for this location. Nearby LocationsSee other locations. Back to Map


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United States Senator
July 28, 2009
Senator Kyl
Every American should be proud that a Hispanic woman--one with a very impressive background and life story--has been nominated for the Supreme Court.
In evaluating a nominee, it's important that the Senate examine all aspects of the individual's career and his or her merits as a judge, and not make judgments on the basis of gender or ethnicity. It starts with a judge's decisions and opinions. Also important to understanding what an individual really thinks about things are speeches, writings, and associations.
Judge Sotomayor's most widely-known speech is, of course, her "wise Latina woman" speech, given in various forms over the years. It's clear that the often-quoted phrase is not just a comment out of context, but is the essence of the speeches. Her central theme in these speeches was to examine whether gender and ethnicity bias a judge's decision. Judge Sotomayor concludes that they do--that it is unavoidable.
She develops this theme throughout the speech, including examining opposing arguments. After examining evidence that suggests gender makes a difference, she quotes former Justice Sandra Day O'Connor's statement that men and women judges will reach the same decision, and, in effect, disagrees, saying she's not so sure. That's when she says she thinks a "wise Latina" would reach a better decision.
Her attempt to re-characterize these speeches at the committee hearing strained credulity. I will address this issue at greater length during the confirmation debate, but suffice it to say, I remain unconvinced that Judge Sotomayor believes judges should set aside biases, including those based on race and gender, and render the law impartially and neutrally.
Foreign Law
Judge Sotomayor's address to the Puerto Rican ACLU, entitled, "How Federal Judges Look to International and Foreign Law under Article VI of the U.S. Constitution," also raises red flags. In this speech, Judge Sotomayor inferred that foreign law should be used, but then later testified it shouldn't. I will also discuss, at length, my concerns related to this matter during the confirmation debate and the problems I have squaring her testimony with the contents of the speech. The central point is, of course, that it's completely irrelevant to consider foreign law in U.S. courts. I don't believe Judge Sotomayor is sufficiently committed to this principle.
Reversals and Ricci v. DeStefano
Judge Sotomayor's supporters argue that we should not focus on her speeches, but on her "mainstream" judicial record. They claim that Judge Sotomayor agreed with her colleagues, including Republican appointees, the vast majority of the time. That may be true; but, as President Obama has reminded us, most judges will agree in 95 percent of all cases. The hard cases are where differences in judicial philosophy become apparent.
I've looked at Judge Sotomayor's record in these hard cases and have found cause for concern. The U.S. Supreme Court has reviewed directly ten of her decisions--eight of those decisions have been reversed or vacated, another sharply criticized, and one upheld in a 5-4 decision.
The most recent reversal was Ricci v. DeStefano, a case in which Judge Sotomayor summarily dismissed before trial the discrimination claims of 20 New Haven firefighters, and the Supreme Court reversed 5-4, with all nine justices rejecting key reasoning of Judge Sotomayor's court. In my view, the most astounding thing about the case was not the incorrect outcome reached by Judge Sotomayor's court--it was that she rejected the firefighters' claims in a mere one paragraph opinion and that she continued to maintain in the hearings that she was bound by precedent that the Supreme Court said didn't exist.
As the Supreme Court noted, Ricci presented a novel issue regarding "two provisions of Title VII to be interpreted and reconciled, with few, if any, precedents in the court of appeals discussing the issue." One would think that this would be precisely the kind of case that deserved a thorough and thoughtful analysis by an appellate court. But Judge Sotomayor's court, instead, disposed of the case in an unsigned and unpublished opinion that contained zero--and I do mean zero--analysis.
Some have speculated that the Judge Sotomayor's panel intentionally disposed of the case in a short, unsigned, and unpublished opinion in an effort to hide it from further scrutiny. Was the case intentionally kept off of her colleague's radar? Did she have personal views on racial quotas that prevented her from seeing the merit in the firefighters' claims?
Judge Sotomayor was asked about her Ricci decision at length during the confirmation hearing. Her defense was that she was just following "established Supreme Court and Second Circuit precedent." The problem with this answer is that Ricci presented a novel question for which there were no Supreme Court precedents squarely on point. Indeed, the Supreme Court noted that there were "few, if any" circuit court opinions addressing the issue.
When I pressed Judge Sotomayor to identify those controlling Supreme Court and Second Circuit precedents that allegedly dictated the outcome in Ricci, she dissembled and ran out the clock. Her "answers" answered nothing and, in my opinion, violated her obligation to be forthcoming with the Judiciary Committee.
Maloney v. Cuomo
I am also concerned about Judge Sotomayor's analysis--or lack thereof--in Maloney v. Cuomo, a Second Amendment case that could find its way to the Supreme Court next year. Maloney was decided after the Supreme Court's landmark ruling in District of Columbia v. Heller, which held that the right to bear arms was an individual right that could not be taken away by the federal government. In Maloney, Judge Sotomayor had the opportunity to consider whether that individual right could also be enforced against the states, a question that was not before the Heller-court. In yet another unsigned opinion, Judge Sotomayor and two other judges held that it was not a right enforceable against states.
What are the legal implications of this holding? State regulations limiting or prohibiting the ownership and use of firearms would be subject only to "rational basis" review. As Sandy Froman, the respected lawyer and former National Rifle Association president, said in her witness testimony, this is a "very, very low threshold" that can easily be met by a state or city that wishes to prohibit all gun ownership, even in the home. Thus, if Judge Sotomayor's decision were allowed to stand as precedent, then states will, ironically, be able to do what the federal District of Columbia cannot--place a de facto prohibition on the ownership of guns and other arms.
As we've seen, Judge Sotomayor's testimony about her previous speeches and some of her decisions is difficult, if not impossible, to reconcile with her record. Similarly, her testimony about the extent of her role with PRLDEF is in tension with the evidence that we have. The New York Times has detailed her active involvement as recounted by former PRLDEF colleagues, who have described Judge Sotomayor as a "top policy maker" who "played an active role as the defense fund staked out aggressive stances."
What were the litigation positions advanced by PRLDEF during Judge Sotomayor's tenure there? Well, it argued in court briefs that restrictions on abortion are analogous to slavery. And it repeatedly represented plaintiffs challenging the validity of employment and promotional tests--tests similar to the one at issue in Ricci.
Unfortunately, I have not been persuaded that Judge Sotomayor is absolutely committed to setting aside her biases and impartially deciding cases based upon the rule of law. And I cannot ignore her unwillingness to answer Senators' questions straightforwardly. For these reasons, I oppose her nomination.
151 Cong. Rec. S10,366 (2005) (statement of Sen. Obama) (emphasis added).
530 F.3d 87 (2nd. Cir. 2008).
557 U.S. __, Nos. 07-1428, slip op. (June 29, 2009) (5-4 decision).
Ricci v. DeStefano, No. 07-1428, slip op. at 16 (U.S. June 29, 2009) (emphasis added).
Respected legal columnist Stuart Taylor has detailed how, "by electing . . . to dispose of the case by a cursory, unsigned summary order," Judges Sotomayor's panel "avoided circulating the decision in a way likely to bring it to the attention of other 2nd Circuit judges, including the six who later voted to rehear the case." Stuart Taylor, How Ricci Almost Disappeared, July 10, 2009, available at http://ninthjustice.nationaljournal.com/2009/07/how-ricci-almost.php.
Sotomayor Hearing, at 34 (July 14, 2009) (transcript) (statement of Sonia Sotomayor).
Ricci v. DeStefano, No. 07-1428, slip op. at 16 (U.S. June 29, 2009).
Sotomayor Hearing, at 3-18 (July 16, 2009) (transcript) (statements of Sonia Sotomayor).
554 F.3d 56 (2nd Cir. 2009).
128 S.Ct. 2783 (2008).
Maloney, 554 F.3d 56.
Sotomayor Hearing, at 314 (July 16, 2009) (transcript) (statement of Sandy Froman).
Jan Hoffman, A Breakthrough Judge: What She Always Wanted, N.Y. Times, September 25, 1992, at B16.
Raymond Hernandez & David W. Chen, Nominee's Links with Advocates Fuel Her Critics, N.Y. Times, May 29, 2009, at A1.
Brief Of Certain Organizations As Amici And Amicae Curiae In Support Of Petition For Rehearing, Williams v. Zbaras, Harris v. McRae (Filed July 1980) ("Just as Dred Scott v. Sanford refused citizenship to Black people, these opinions strip the poor of meaningful citizenship under the fundamental law."); Brief Of Amici Curiae Of The NAACP Legal Defense And Educational Fund, Inc., And Other Organizations, Planned Parenthood v. Casey (Filed March 1992) ("For poor women, and particularly for poor African American women, the right to privacy in matters of body and reproduction -- a right that was trammeled with state sanction during centuries of slavery -- is fundamental to notions of freedom and liberty.")
Report of Program Activities, Puerto Rico Legal Defense and Education Fund Inc, at 2-7 (1987), available at http://judiciary.senate.gov/nominations/SupremeCourt/Sotomayor/upload/Doc-22-1988Jan141987AnnualProgramReport99148.pdf.


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Friday, December 21, 2007
The Cars That Go Boom?
So this reader likes the boom? Couldn't resist.
He has a point but it is a point that could become a risky concept.
Taken to a ludicrous extreme Trina Solar (TSL) is up 150% YTD so if you put all your eggs in that basket at the start of the year there would have been no need to diversify. The next time the market is down 20%-plus in one year there will be stocks up as much as TSL was this year. Not many but a few.
So to really try to answer his question...I would expect that during boom times all of the big sectors of the market would do well and so in a way the need to diversify could be less.
Of course the next time the S&P 500 is up 20%-plus in a year there will be a few stocks that go down a lot. If you disregard diversification during an up-a-lot year and you buy ten stocks from two sectors and one of the sectors you choose is one of the laggards or a couple of the stocks don't pan out or actually have a bad problem of some sort you will have a problem.
In this decade 2003 has been the only great year with the S&P up 26%. However anyone disregarding diversification and making a bet on the staples sector got pasted as the sector as measured by XLP was only up about 7% or 19% behind the broad market. And if your other sector was Telecom, that one was only up 15% (as measured by IYZ) or 11% behind the market.
In the next boom time there will be haves and have nots as there always are. Guess wrong and you miss out on a big year. Missing out, as opposed to lagging, a huge year is damaging to long term returns. We don't get too many years greater than 25% and in order for most people to make their numbers work they have to be at least relatively close to the market during up a lot.
So to the reader's question, some folks will be comfortable, and successful, betting on some sectors to the exclusion of others so time for some introspection. How much sector risk are you willing to take? How much risk are you qualified to take? There is no right answer for everyone, only a right answer for you.
15 comments:
- steve.scoot said...
Just a random thought here, in light of the recent comments by Jim Rogers and others regarding commodities. In the past, supply and demand has
determined which sector/countries do well and which do not. The fact that we have reached peak oil (at least easy to get oil), and might be soon reaching peak food, and peaks in certain metals, means that there will be predictable and ongoing shortages in the supply of these commodities (witness wheat).
One of the first things poor people in China want
to do with increasing income, is to eat more meat,
buy a car, and drive to the nearest KFC, while listening to their iPods.
We are unlikely to ever face "peak financials/banks",
but we are likely to face ever increasing costs of
energy/natural resources, and ag commodities (MOO and DBA beging better vehicles than XLP).
So, does it not make sense to be heavily overweighted in those sectors for the foreseeable future? One of the top 5 MF managers in the world, Ken Heebner (CGMFX) has a portfolio that
mirrors JR's predictions, and you can see what
he has done recently. I wish i had bought that fund! Please critique my thinking.
Also, thanks, Roger for giving us the link to T's
blog. He is one savvy investor, and I learn from
looking at his approach as well as yours. Thanks,
and hope that you don't get too much snow in
Preskitt in the next few days.
Cheers, Scoot - 9:48 AM
- Roger Nusbaum said...
scoot, from your past question i know you are willing to go heavier into a theme that you like than I am willing to go. No right or wrong just different. if food has a ten year raging bull market but cuts in half one year along the way, which is plausible, would you want to ride that out?
heavily overweighted is subjected but i find most folks i encounter have a different idea about what that means than I do.
as far as financials there is no question that at some point they will absolutely be the place to be. - 1:19 PM
- Stephen Drone said...
I'd also keep in mind that Jim Rogers is on the stump selling his new book.
- amateurInvestor said...
Scoot -
I'm a big fan of Heebner's too and use mostly oef's to construct my portfolio (because as my tagline says, I'm truly an amateur investor). Any thoughts/names-to- throw-out on other top MF managers ? - 3:51 PM
- Anonymous said...
A little OT but the MarketWatch Bulletin subject title "Goldman Sachs CEO Lloyd Blankfein to get $68 million bonus" strikes me as a little obscene. I wonder what his base salary, options and perks are??
From the FWIW file.
Mark - 5:58 PM
- Roger Nusbaum said...
i saw a couple of things on the network this week, maybe you did too, that say his bonus is justified and one instance that spun it as he is underpaid.
i have no dog in that fight i don't care either way but it does incite some good debates. - 6:02 PM
- sami said...
few years ago Disney's net for the year was $125 million. Eisner, the boss at the time, got $120 million in compensation that year. That was obscene and detrimental to shareholders.
In this case, GS made crap load of money while its direct competitors lost numerous billions on the exact same investments.
While i am wholly against the idea of executive of public companies making so much money, this may be the exception that proves the rule. - 7:12 PM
- steve.scoot said...
Amateurinvestor, here are a couple of names of
guys I like for what it is worth. Well, besides Roger of course.
There is a young guy who took over FDSVX, a large
cap growth/discovery fund and I really think he is
going to be one of the best. I like FAIRX with Berkowitz, because it is a way to buy Berkshire cheap, but as goofy as Buffett is sounding lately, I wonder whether or not his stock is just a dinosaur-in-waiting.
Roger, I was just suggesting that the supply and demand dynamics of energy and ag are changing
in ways that financials never will. Just my thought.
Scoot - 7:17 PM
- BWJR said...
I might be a little pre-mature in my timing, but it starting to look like its time to buy financials. (xlf). Currently xlf is about 29.25. The bottom over the last couple months is 28.25. It seems to be holding at a floor over the Month of Nov. and Dec. Any suggestions?
- Roger Nusbaum said...
not my type of trade.
i have mentioned b4 that when the yield curve normalizes there will then be a fundamental basis for increasing the weighting. I have no idea if that will be at the bottom, before the bottom or after the bottom.
you might be right but i don't see an fundamental justification for domestic financials. - 8:59 PM
- Anonymous said...
The new His to lows does not look good.
Financial's are likely to look like a good value as they continue to decline. Typical value trap that people buy into during the decline.
That said Roger does not try to pick bottoms and personally I just do not see it either. If you think you can pick the bottom, are you really sure about that with hard earned dollars.
IMO there is more and more evidence of a bear comming. I think it all depends on how big the housing problem is going to be.
Wall street will not completely admit to the size of the problem right now. One reason is they may not know the other reason is they can not admit to how large there mistakes are all at once.
I think it will be rather interesting for at least a few more months possibly many more months. Remember the way level 3 assets are being handled are currently changing dramaticly. - 4:33 AM
- Robert S. said...
amatuerinvestor. Take a look at WRGNX. This fund is run by David Winters. He had a great track record at Mutual Series and worked with the famous value investor Michael Price. I believe in 5-10 years he will be highly regarded as Warren Buffett, and Marty Whitman are today.
- Robert S. said...
Correction. The fund symbol is WGRNX.
- Anonymous said...
So far, not so hot for WGRNX.
http://tinyurl.com/2hpclg - 11:14 AM
- rackgen said...
Don't stop me, I have to comment.. its regarding my comment! :)
Yes roger, you are bang on. In that case I guess we can use sector specific ETFs or in worst case scenario Mutual funds[gasp!] During the boom we needn't worry, since the rising tide lifts all ships. - 8:58 PM


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My father served in the Army in Germany many years ago. This is one of the recipes my mother brought back with her. If you don't like dill pickles, you can subsitute sweet; if you don't like carrots, substitute squash, and so on. My mom said that some families just used a thin dill spear in each rouladen. For even more German experience, serve gravy over spatzle.
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Long-term Extension Study of BEMA™ Fentanyl
This study has been completed.
BioDelivery Sciences International
Information provided by (Responsible Party):
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ClinicalTrials.gov Identifier:
First received: June 10, 2008
Last updated: April 16, 2012
Last verified: April 2012
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This study is designed to provide continued access to BEMA Fentanyl for those subjects who previously participated in FEN-202 and who wish to continue using BEMA Fentanyl for the treatment of their breakthrough cancer pain.
Condition | Intervention | Phase |
Cancer Pain |
Drug: BEMA Fentanyl |
Phase 3 |
Study Type: | Interventional |
Study Design: | Endpoint Classification: Safety Study Intervention Model: Single Group Assignment Masking: Open Label Primary Purpose: Treatment |
Official Title: | Open-label, Long-term Extension Study for Treatment of Breakthrough Cancer Pain With BEMA™ Fentanyl |
Resource links provided by NLM:
Further study details as provided by BioDelivery Sciences International:
Primary Outcome Measures:
- Safety and tolerability of BEMA Fentanyl (any dose) as demonstrated by the occurrence of drug-related SAEs. [ Time Frame: Continuous ] [ Designated as safety issue: Yes ]
Enrollment: | 5 |
Study Start Date: | June 2008 |
Study Completion Date: | July 2009 |
Primary Completion Date: | July 2009 (Final data collection date for primary outcome measure) |
Arms | Assigned Interventions |
Experimental: 1
BEMA Fentanyl
Drug: BEMA Fentanyl
buccal soluble film; 200, 400, 600, 800, and 1200 mcg fentanyl; up to 4 times daily
Other Names:
Ages Eligible for Study: | 18 Years and older |
Genders Eligible for Study: | Both |
Accepts Healthy Volunteers: | No |
Inclusion Criteria:
- previously qualified for and participated in study FEN-202 for at least 2 weeks,
- wish to continue using BEMA Fentanyl for treatment of breakthrough pain episodes, and
- provide signed informed consent at screening prior to any study procedures.
Exclusion Criteria:
- they have developed a new medical condition after initial enrollment in FEN-202 which, in the opinion of the investigator, would preclude safe and appropriate use of BEMA Fentanyl or participation in this study, or
- there is evidence of improper use of the study drug.
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ClinicalTrials.gov processed this record on March 11, 2014
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Responsible Party: | BioDelivery Sciences International |
ClinicalTrials.gov Identifier: | NCT00696137 History of Changes |
Other Study ID Numbers: | FEN-290 |
Study First Received: | June 10, 2008 |
Last Updated: | April 16, 2012 |
Health Authority: | United States: Food and Drug Administration |
Additional relevant MeSH terms:
Fentanyl Adjuvants, Anesthesia Central Nervous System Agents Therapeutic Uses Pharmacologic Actions Narcotics Central Nervous System Depressants Physiological Effects of Drugs |
Analgesics Sensory System Agents Peripheral Nervous System Agents Anesthetics, Intravenous Anesthetics, General Anesthetics Analgesics, Opioid |
ClinicalTrials.gov processed this record on March 11, 2014


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Healthy Shoes to Combat Foot Pain
With summer almost here, it's time to slip into strappy sandals and delicate mules. But before you do, check out these foot- and joint-saving tips from orthopedic surgeon Carol Frey, MD, assistant clinical professor at UCLA.
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Shoe Style: WedgesHealth Hazard: A steep wedge puts risky pressure on the knees and ball of the foot, the same way high heels do. Fast Fixes: Look for a platform beneath the front of the foot and a lower heel incline to more evenly distribute weight throughout the entire foot.


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NORTH LIBERTY — Law enforcement is a profession where each and every action results in an equal reaction known as paperwork. Every interaction with the public, every complaint, every citation, and every arrest: all documented, recorded, and preserved. For North Liberty Police Chief Jim Warkentin, and Lieutenant Diane Venenga, an ever-increasing number of calls for service has led to an ever-increasing pile of paperwork to deal with.
CORALVILLE — The girls of Junior Troop 620 in North Liberty had 20 activities to choose from in their pursuit of the coveted Bronze Award; they could have completed a neighborhood tree planting project, worked on a dog park for North Liberty, cleaned up local Girl Scout camps, or even made cat and dog items for an animal shelter. Instead, they chose to race.
TIFFIN– Clear Creek Amana School District is featuring high school, middle school and elementary students in concert this holiday season. All are welcome and encouraged to attend one or all of the upcoming concerts in December. All concerts will take place in the Middle School Auditorium in Tiffin. Come out to hear the Clipper Musicians and let them put a song in your heart this holiday season. The schedule is as follows: – Friday, Dec. 11: CCA High School Art Club Spaghetti Supper, High School Cafeteria, Tiffin 5 p.m.
NORTH LIBERTY– On Saturday, Dec. 19, from 10-11:15 a.m., the North Liberty Community Library will be hosting a pre-Christmas cookie decorating program. Greta Reynolds, owner of Teddy Bear Bakery, will lead the program. Cost for this program is $10 for each cookie decorator, and registration is required.
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IOWA CITY– The League of Women Voters, Johnson County, (LWVJC) will host a Candidates' Forum for the Johnson County supervisory candidates Thursday, Jan. 7, 2010, from 7 to 8:30 p.m. at the Iowa City Public Library, meeting room A. LWVJC member Alison Smith will moderate the forum, which will consist of a 5-minute introductory statement from each candidate, followed by questions formulated by the League, as well as written questions taken from the audience. The LWVJC will provide cards for audience members to submit written questions as they enter.
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My first date was a double date, safety being in numbers. Frank and I arranged to meet our gals at the Rolling Meadows Theater. I don't recall the exact movies (this was back in the days of twin features for a matinee price) we saw, but I'm sure they were from one of the many B-grade horror movies going around: "Dracula," "Bride of Dracula," "Frankenstein," "Son of Frankenstein," "The Mummy," "The Zombie," etc.
At 16, Jimmy, the first boy I had an actual date with, was hardly a man of the world. He tried, though. With his mother's concerned coaching and the example of his father's easy charm, he pretended he was an old hand at this dating business. He was a year ahead of me in high school, so I didn't really know him except from afar. He played in the school band, was a member of the Thespian Club that I had just joined, and went to the same church as I did.


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I am involved in a construction project whose contract provides performance-based penalties and rewards. What can I do to help get all the companies to work together?
by Jerry Clay, partner, Clay Chapman Iwamura Pulice & Nervell
December 2012
Many calves from Hawaii are usually sent to feedlots on the mainland, finished, slaughtered and eaten there. A new movement is bringing them back to the Islands.
by Catherine E. Toth
When starting a business, writing a business plan should be your first priority.


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Click here to download a free MP3 of the song "The Friendly Village by the Bay" by Bruce Jenney. |
2012-09-19 / People/Social
The Long Island Home honors Senator Owen Johnson
On Sat., Sept. 8, at the Long Island Home's annual picnic, Robert E. Detor, president and CEO, presented a plaque to Senator Owen Johnson in recognition of his outstanding 40 years of distinguished service. More than 400 staff, families and friends of the Long Island Home were in attendance.
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Breakfast in Atlanta?
Need great breakfast in Atlanta - Buckhead or Perimiter areas. Thanks
If you don't mind going to midtown, The Flying Biscuit has a branch there. My standard order is short order of Oatmeal Pancakes and the Southern Scramble (I go for extra collard greens in place of the turkey hash). Though the original location in Little Five Points is preferred.
Folks, what are the other good breakfast spots these days? I've been away from ATL for 9 yrs now.
Janet -


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Yeah, I was looking into getting my survival tool design machined (I threw in my concept drawing of it) and realized how expensive it actually is, with the metal price and accounting for sharp corners and all that... but now that I know the coupon code thing, maybe I'll look into getting some fishbones... :)
Oh, yeah, and if I were to sell these would you consider it copyright infringement or whatever? Because I thought it would be cool to have a gear tie incorporated as well as a knife, flint striker, etc.
Have a nice day.
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Winner announced in "Unstoppable Mom" contest
Posted at: 03/15/2013 12:33 PM | Updated at: 03/15/2013 1:14 PM
Print Story |
On "Live with Kelly and Michael" Friday morning, they announced the winner of the "Unstoppable Mom" contest."
We are sorry to report that Trelawney McCoy did not win. She and her sister plus several of her kids were on stage for the check presentation and even though they didn't win the $100,000 prize, McCoy and the other finalists will take home $10,000 each plus they get to go on a trip.
McCoy is a foster parent who has adopted three sets of siblings. She is a local volunteer and coaches cheerleading.
At News10NBC, we think she is a big winner!
Have a story you want our news team to investigate? Call us at 585-232-1010, click here to send us an e-mail or leave us a Facebook post or tweet.


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Back in 1999, the Mets were almost bought by Cablevision. Would they be any worse off than they are today?
Is it possible that the success of the Brooklyn Nets this summer drove New York Knicks' owner James Dolan to make the move to replace GM Glen Grunwald with Steve Mills, who returns to the franchise after a hiatus.
The New York Rangers will have a new home in a few years, and that's not a bad thing.
Part Five of the series. Cablevision founder Charles Dolan and Yankees owner George Steinbrenner both kicked the tires on the Islanders at different points in the franchise's life. While neither ever owned the team, the What-Ifs are intriguing.
2012 NHL Lockout: Player/owners meeting will include Tampa Bay Lightning owner Jeff Vinik
It's a clash of wills and wallets when NHL commissioner Gary Bettman opposes influential Flyers owner Ed Snider's demands to end to the lockout in this (not really) classic British stage play.
So, I wrote this little thingy about how much Isiah is terrible and Dolan is evil and it's painful being a Knicks fan. Check it out
Flash Player 9 or higher is required to view the chartClick here to download Flash Player nowView the full MSG,SPY chart at Wikinvest
So this is a thing I wrote on my blog. Check it out if you wish. Warning; It's really long. But I really needed to flesh out my feelings.
After the New York Rangers' 3-0 win over the Nashville Predators on Tuesday night, they now lead the league with 62 points. It can be said that through 44 games this group has outperformed...
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October 10, 2007 9:14 AM PDT
Newsmaker: At Microsoft, seeking the next billion computer users
See all Newsmakers- Related Stories
Microsoft launches new low-cost PC effort in India
June 27, 2007 -
Microsoft aims to reach next billion PC users
April 19, 2007 -
Vista Starter ready for developing nations
January 26, 2007 -
XP Starter under the gun
June 30, 2005
Poole, who co-leads Microsoft's emerging-markets push, is chartered with enabling the company's goal of allowing 1 billion more people to access computing technology by 2015.
The company has a number of efforts under way in the area, from the Starter Editions of Windows XP and Vista, to shared computers for classrooms, to research into turning a cell phone into a low-cost computer by connecting it with a large display. Poole said the last effort, which has garnered a fair bit of interest, is moving from the drawing board to reality.
"We've got it in development in China right now," he said during a recent meeting with CNET News.com reporters and editors. "We've got a manufacturing partner signed on with us and our group in Beijing is working quite hard on it. It'll be in trials I think within a year, and we'll see how people respond to it."
In the meeting, Poole talked about Microsoft's approach, as well as some of the challenges, which stretch well beyond the fact that many people can't afford the latest technology. In actuality, relevance and accessibility are bigger hurdles for the world's poor, Poole said.
Q: How can Microsoft reach people who historically have not been users of its technology?
Poole: Let me begin by clarifying the difference between emerging markets and emerging segments. An emerging market is what people typically think about--such as Brazil, Russia, India and China. The other includes very large developing economies. Of course there are many people in those countries who do not have very good access to technology. At the same time, we look more broadly at a concept called emerging segments...people who do not have access to technology in whatever market they're in.
So what do you do to reach those people? There are obviously people who can't afford technology here in the United States, as well as in our neighboring countries and in emerging markets.
Poole: There are three primary areas where we can help people realize social and economic opportunity through technology. Transforming education is one. The second one is looking at fostering local innovation, and the third one is enabling jobs and opportunities.
When I travel around the world I see the power of the PC to bring people new opportunities--either to have skills that they can apply to get better jobs to earn more money, or to take a disadvantaged person who simply could not get a job at all because of a handicap.
What are some of the technologies that you guys are working on that can really help beyond the economic issues that are in play?
Poole: You bring up a very good point. When I started looking at this about five years ago, I thought that affordability was the biggest challenge. It turns out that affordability is actually the third on the list of issues. The first one turns out to be relevance. That means bringing a product to market that really meets the needs of somebody in an emerging segment--be it in rural India or in urban China or down the street, here in San Francisco. Are we building a technology that is relevant to the specific needs and problems that they have?
'MultiPoint' for emerging markets
Will Poole, corporate VP for Microsoft's Unlimited Potential project, tells News.com's Ina Fried how the new 'MultiPoint' is helping in the classroom.
The second thing is to look at whether the technology is accessible to them. Can they find a place to buy it? Can they get support? Can they get broadband connectivity to bring them into the world of the Web? And then the third thing is affordability.
So, for example, in Asia we focus a lot on education because that's a very high priority there. In Latin America, we focus a little bit more on the jobs and opportunities and helping people get better jobs through the use of software technology. So there's a variety of different technologies we'll bring to the market, depending on the specific needs of local people.
I've seen a lot of interesting demos from across the company of some different approaches. One of those is called MultiPoint, where it's basically an entire classroom using one computer. Can you talk a little about how that works?
Poole: MultiPoint came from Microsoft Research India. They had sent people out to see what kids were doing with PCs in schools. What they found was that kids tended to be gathered around a PC and (watching) one person do their thing and then they took turns every five minutes or so. It was really not very engaging. So they developed this technology called Microsoft MultiPoint, which enables an application to be built that lets multiple mice be used with a different cursor for each kid. So one kid can be solving a math problem in one part of the screen while another one is solving a math problem on another part of the screen.
They basically can be time-sharing the screen and working collaboratively. What we found is that not only do they get to be more engaged with what they do on the PC...but they help each other. That's turned out to be something that's very beneficial from an education perspective. The kids are engaged and collaborating to solve a problem.
A lot of people think that for much of the world the first computing device that people use won't be a PC. It'll be some sort of mobile device. Obviously, that's an area that Microsoft has spent some time on, but it's a little bit further from its comfort area. What are you doing in the mobile space as far as non-PC devices?
Poole: Well, we certainly agree that the first computing device which will be used by many people around the world will be a phone. You see this happening in emerging segments all around the planet today. Mobile phones are really just taking off as the prices come down and the access is going up. We think that there are some interesting things to do to help make the mobile phone become a better device.
Poole: Well, it's still got a ways to go. We've got it in development in China right now. We've got a manufacturing partner signed on with us, and our group in Beijing is working quite hard on it. It'll be in trials I think within a year and we'll see how people respond to it. It's a new concept in the sense of trying to bring together PC and phone technology in a lower-cost device. It's not something that you're going to see a businessperson in a developed market using while walking down the street. We're trying to really target the needs of a broader population and so we're very excited about the opportunity there, but time will tell.
Obviously, Microsoft is not the only company looking at how to get computing devices into the hands of more people across the globe. The project that's gotten the most attention is the One Laptop Per Child project. What do you make of a program the group is launching in which people in the U.S. can buy one of the laptops for their own use, and then a second computer would go overseas?
Poole: It's an interesting way to get people involved in this challenge that we all see, which is how do you effectively apply technology to education. I'll be very interested to see how it comes out as well.
How important is it that that first device people use be running a Microsoft operating system versus Linux or another operating system?
Poole: Interestingly enough, we don't see that as much of a battle. The battle is around nonconsumption or around buying a new two-wheeled motor vehicle as opposed to buying a PC for the home...Clearly, we have an interest in having our software used and we think that the value that we offer is very deeply desired--particularly as people get into more of the business world...But our primary goal is around just getting technology to be adopted.
How much might Microsoft benefit in the coming years from these efforts to get more people using computers?
Poole: There's no doubt that the growth potential in emerging markets is tremendous...When Bill Gates announced the Unlimited Potential effort back in April in Beijing, he said that we'd like to see the first billion people get benefits from technology by the year 2015. It's going to take a while for us and all of our partners working together to make this happen. But it's something that we think will happen.
I've heard he's really tasking you guys to do it a few years sooner than that.
Poole: Well, you know, Bill is never one to let you off easy. He wants to set a high bar and usually he finds out that people will go for it. We're going to go as fast as we can, but it's not something that Microsoft alone can do. It really is a matter of us working with many, many other companies around the world, including the NGOs or governments or foundations. I think as people get excited and see the results, it will snowball and really pick up momentum.
See more CNET content tagged:
Will Poole, emerging market, relevance, segment, China
14 comments
Join the conversation! Add your comment- Incomplete Article
- I would like to finish reading this article but the link to the second page is broken
- Like Reply Link Flag
- Another Billion Infected Computers
- I can't wait until Windows deploys to another billion computers, which then get infected. If you thought spam and zombies were bad already...
- Like Reply Link Flag
- Hate...
- Hate... its so easy, isnt it? People like you amuse me because you're obviously a little bundle of anger and use Microsoft as an easy outlet rather than confronting whatever it is that controls you.
- Like Link Flag
- To all haters...
- This would be my first and last reply to this kind of post. The reason for that is this kind of message is not even worth a reply. I just wanna share to people that the greatest thing we could do for a message like this is not to reply at all. Treat their opinions with no worth because that's what they really are.
- Like Link Flag
- If MS wants another billion customers
- they need to offer something a lot better than Vista.
- Like Reply Link Flag
- Relevance?
- Hello,
I'm sure that for many, PC's are not on the top of their list of priorities. Possibly, food,shelter,medicine,clean water a home,education etc....
Sounds like this guy Poole will be remembered as the next "Ebenezer Scrooge" !
Douglas Wong - Like Reply Link Flag
- To the billions out there without a computer
- food's really overrated, buy a $300 Microcomputer instead. It is a status symbol now, even if you cannot afford electricity in your apartment/house/etc just run it off a car battery or chip in for a $500 laptop that you can recharge off of a street lamp by hotwiring it as long as the Police don't find out.
You also want a Windows OS, so you can get infected with malware. But since most of the time your computer won't even be connected to the Internet or even powered by electricity, you might as well run Linux on it. You wouldn't even know what malware is, because you never got literate and completed grade school. Buy hey, you can be the envy of the other poor illiterates on your block with a computer in your possession. Chances are they'll beat you up and steal it from you to buy them some food, but at least you'll have bragging rights that one time you owned a computer and were a part of the free world, and not some totalitarian dictatorship like your government who would have corrupt leaders that might steal that computer away from you anyway as part of some greedy tax scheme. - Like Reply Link Flag
- Microsoft's phone will be called a "Zone"
- Now your phone can freeze up and need rebooting too!
- Like Reply Link Flag
- Low cost open source handheld out of Pakistan - already exists
- When you want to seek innovation for developing countries, how about looking at what's happening IN developing countries first?
Take a look at the Sirius handheld computer from FiveRivers Technologies out of Pakistan. Here are two links: http://www.fiveriverstech.com and
http://www.opensirius.org - Like Reply Link Flag
- i know the answer
- and as much as i'd like share it, i'd like contact from a serious entity.
no, it has nothing to do with eGenerations.com, my current venture, but it is the harness to tomorrows information. no bs.
nathaniel adam briggs
email@example.com - Like Reply Link Flag
- what it is - what it is not
- this is quite frustrating.
its not about the technology as typically defined, it's about the integration: biological (human factors, logical choice, e.g. UI,etc ), socialogical (status value, upward mobility, +), functional/value and economical. while its a known game that a holistic approach is ideal, the key is proper embedding within the human factors.
Maybe in these generics it's overly obvious, my apologies if the presentation is such.
The "exact" answer, while dynamic, could be labeled exotic compared to todays standards, is actually quite simple.
firstname.lastname@example.com - Like Reply Link Flag
- It isn't going to happen...
- MS's best days are behind them, to the benefit of mankind.
- Like Reply Link Flag


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How the Nose WorksNews
Health Tip: Experiencing Nosebleeds During Pregnancy?Nosebleeds Common But Seldom Serious, Study Finds
If you get a nosebleed, sit down and lean forward slightly, says the American Academy of Family Physicians. Leaning forward will allow the blood to drain out of your nose instead of down your throat. Swallowing blood may make you nauseous or give you diarrhea. You should squeeze together the soft area of your nose with your thumb and forefinger. Hold your nose for at least 5 minutes. If it still bleeds after that time, hold your nose again for 10 minutes.
© 2014


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If you have really handed yourself over to Him, it must follow that you are trying to obey Him. But trying in a new way, a less worried way. Not doing these things in order to be saved, but because He has begun to save you already. Not hoping to get to Heaven as a reward for your actions, but inevitably wanting to act in a certain way because a first faint gleam of Heaven is already inside you.
- C.S. Lewis


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Jocelyn Wildenstein arriving at the 'Le Cirque' restaurant with her boyfriend. New York City, USA – 07.10.09 Mandatory Credit: Patricia Schlein/WENN.com
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Social Networking for Fashion Doll Lovers
I took advantage of our deep snow to get this photo!
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The bright yellow blooms of winter jasmine (Jasminum nudiflorum) is a promise that winter is waning and spring is indeed on its way.
Small in stature, paperbark maple is an outstanding choice for winter interest with its deep cinammon bark that peels away to reveal an orange-red trunk.
This beauty will not be a wallflower among your other spring bulbs— L'Innocence can reach a height of 12 inches.
A terrestrial orchid native to wetlands in eastern North America that waits until September or October to burst into bloom.
This native North American tree's common name comes from the aromatic gum that seeps from its wounds.
Seven-son flower was named the 2011 Shrub of the Year by the Nebraska Statewide Arboretum and a Plant of Merit by Missouri Botanical Garden Kemper Center for Home Gardening.
A clump-forming grass that looks great in rock gardens or borders. The bluish foliage can be used as a background for spring bulbs, and is also good in the fall garden, where the mature flower plumes add a touch of gold.
This elegant hydrangea boasts clusters of creamy white star-shaped blooms that grow up to 4 inches across.
Members offer their favorite organic gardening tips.
These roses love the heat.


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AL BAHAR C/D HUTA 12 named, launched at IHC Merwede IHC Merwede named and launched the 23,545 kW self-propelled cutter suction dredger 'AL BAHAR' C/D HUTA 12 in a ceremony on March 8,
Reuters - Loss-making France-Corsica ferry operator SNCM, which is partly owned by French water and waste group Veolia Environnement, plans to order four new ships, an SNCM spokesman said on Friday.
Star Bulk Carriers Corp., a global shipping company focusing on the transportation of dry bulk cargos, has announced that it has taken delivery of M/V Star Sirius
By Jesse Leon Guerrero, U.S. Navy The U.S. Navy, in partnership with the U.S. Coast Guard and civilian contractors, safely removed 49 55-gallon drums filled
Today in U.S. Naval History - March 7 1958 - Commissioning of USS Grayback, first submarine built from keel up with guided missile capability, to fire Regulus II missile.
By Andrew Osborn, Reuters Gently bobbing up and down in the sheltered waters of the Bay of Sevastopol in Crimea, Russia's storied Black Sea Fleet has an air of decay about it.