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Day 1
Throw a Killer New Year's Bash
Jim Meehan, bartender at New York City's renowned Please Don't Tell, guarantees you'll start 2013 the right way.
Pour champagne. "If you don't care to pay top dollar for the good stuff, go to the best wine store in your neighborhood and ask the salesperson to recommend a sparkling Vouvray, Riesling Sekt Brut, Franciacorta, or Cava and share your discovery with your guests," Meehan says.
Give a toast. Not just "cheers" or "thanks for coming" but a real toast. "Entire books have been written on the topic, most in the 19th Century and earlier," Meehan says, "and while there's no sense going back to candlelight and horse-drawn carriages, a rousing tribute to your guests will always be appreciated."
Adapt one drink into a mocktail. Serve it in the same glass, with no noticeable difference in appearance. "Drivers, pregnant women, hung-over carolers, and those who don't partake will appreciate the gesture and the opportunity to commune with a drink," Meehan says.
Tie one on. "Many cocktails were originally served the morning after as 'fog-cutters,' 'gloom raisers,' and 'corpse revivers'—in short, to relieve hangovers," Meehan says. "In the spirit of the cocktail's history, prepare a traditional brunch cocktail such as a Bloody Mary and send your guests home with small bottles of it, or give them the mix and some mini bottles to remind them of your hospitality the following morning."
Prepare a cocktail entirely of spirits. "A Manhattan is perfect, and you can make a large batch of it—10 to 20 servings," Meehan says. "Pour it back into the bottles you've used, date them, and put them in your refrigerator or wine cellar—it'll develop over time. Serve the cocktail the following New Years and make a tradition of it. Intriguing communal rituals—delicious ones, at that—will help build anticipation for next year's party."
Day 2
Blend Your Own Wine
Jim Gordon, editor of Wines & Vines, makes a case for mixing vino.
Bartenders pride themselves on shaking the rarest and most expensive spirits and liqueurs together to concoct impossibly sophisticated cocktails. But these days, there's a taboo when it comes to mixing one wine with another. One reason might be that a lot of people only know about varietal wines—they contain primarily one grape variety. But many of the world's great wines are blends.
One time I mixed Cabernet Sauvignon and Merlot in a 24-ounce Riedel crystal glass and basically recreated red Bordeaux. I could have also added Cabernet Franc, Petit Verdot, and Malbec and stayed within the traditional parameters of the Bordeaux chateaus. Champagne is also usually a blend, containing base wines made from dark Pinot Noir and Pinot Meuniere grapes, and golden Chardonnay grapes.
Chateauneuf-du-Pape, the full-blown red wine from France's Rhone Valley, can be blended from as many as 15 varietals. Old vines planted promiscuously in historic California vineyards are often dominated by Zinfandel, but also count some Petite Sirah, Carignane, and Mourvedre varieties that add complexity to the resulting blended wine.
Winemakers blend all the time. Why can't the rest of us have a little fun?
Day 3
Tackle an Epic Novel
Howard Mittlemark, author of Read This Next, argues in favor of a modern classic.
Pressed to choose one, I'd have to go with Infinite Jest. Of all the great long, novels, it has the best ratio of pure fun to intimidating reputation, approximately 1:1. David Foster Wallace is the goofiest of literary geniuses, and even if you don't get all of his jokes at first, there are so many that you're bound to be entertained.
Admittedly, the book can be sort of rough going for the first 50 pages or so because you have to sort out what's going on, but unlike books like Moby Dick and War & Peace, once you get going in Infinite Jest it becomes page-turningly downhill.
And if you want to impress women with your reading habits (you're reading the book, you're entitled to the fringe benefits), Infinite Jest is the clear winner. Of all the great writers of recent times, David Foster Wallace is by far the coolest; he's like the smart indie-rocker among the shallow pop stars and ponderous composers.
The classics will get you points with academics and literary types; Infinite Jest will impress hipster chicks. Carrying Moby Dick into a Williamsburg bar will make you look smart, but it can also make you look like a stodgy traditionalist; Infinite Jest, on the other hand, probably has a drink named after it.
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Whether it be staying up on a Sunday night to watch Brian Cushing get injured, or waking up on Monday morning to here how again we lost to a playoff team by less than 7, this season was hard for me.
I am not someone who has watched this team for years. I am 14 years old, and in my second year of my senior school, where I will stay until university/college. i came across the Texans in Madden 08 and adopted them as my NFL team seriously 2 years ago. My love has grown over these years of watching them, and one of my dreams is to watch them at Reliant Stadium.
Yet after this season, I'm not sure whether I want to.
It is easy to blame Kubiak, Phillips and the rest of our coaches. But for me, the real problem lies with our front office. Simply put, our signings last year were diabolical. ED REED. Never have I seen someone in any sport who has been lauded with one team, then been so bad at another.
Joe Mays. Just shift Brooks Reed inside and get Ryan Shazier in Round 2 or a OLB in round 3
This offseason is simple. It is clear what our needs are go and fill them. Here is my offseason plan that revolves around Clowney.
I believe that Clowney could be Watt like if mentored by the man himself. Picking him up at 1,1 would make andrew luck want to move out of Indy.
Then we come to QB. Obviously Bortles, Manziel and Teddy are gone by the 2nd, and picking Carr, after the stories I've heard of his brother, would end in a mass shooting of the Texans staff. But what about Garroppolo or another QB in round 2/3. The small school prospect was privately worked out by the Texans so we may like him, and there are others like Murray or Boyd.
However none of these would be able to start right away, at least not without a veteran to tutor them. There are so many options who could be tradeable, and Mallett or Osweiler may both work. McCown could do a job as well, so this would work well.
Then comes other holes needed to be filled, signings and cuts that need to be made.
CUTS: Schaub, Daniels, Newton.
SIGNINGS: Graham, Greg Jones, a RB (Sproles?), OT, QB, perhaps players at DT, S, LB, G or corner
So that leaves a solid team. These are the starters in this situation:
FB: Jones
RB: Foster
WR: Johnson and Hopkins
TE: Graham and Griffin in 2TE sets
O-Line: Brown, Quessenberry, Myers, Brooks, B.Williams
DE: Watt and Clowney
NT: McCullers please or another big body in rounds 3+ or through FA
OLB: Shazier or another drafted and Mercilus
ILB: Cushing and Reed
CB: Joseph and Jackson
S: Manning and Swearinger
K: Bullock
P: Lechler
KR: Martin/Sproles
PR: Martin/Sproles
So what do you think? Leave comments and I will try to respond to all of them.
Please be aware I've never written online before, but be shore to folio me on twitter @hlc1221.

subset: commoncrawl


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It is a piece of crap and I have already thrown it away!!
Things are different with my phone though: Even when fully charged the Juicebar can only fill up about 20% of my Motorola Cliq's battery before it empties.
This battery booster works perfectly and doesn't take up a lot of room in my travel bag.
I bought this item on Amazon and have only had it a few weeks. First off, DON'T WASTE YOUR MONEY! It is a pain to carry around and keep up with and most of the time when I'm at... Read morePublished on February 16, 2011 by nthoop25
This is OK as a spare battery, I guess, but the solar charging part is complete baloney. I let it sit in the sunlight for a long time and there is no evidence of any charging. Read morePublished on December 14, 2010 by Ezra
It is the same mah as my phone so only good for one charge. The bonus I guess is you can leave it in the sun all day and recharge your phone that night. Read morePublished on October 12, 2010 by Brody Avalon
Product does not work very well charging phones. It has to be reset every time try to charge phone. Even setting in the sun it will not fully charge phone. We are returning it.Published on June 24, 2010 by Amazon Customer
I purchased this to use with my iPhone only to find out it does not work at all with it. Of course, I was on a camping trip with a dead phone but a charged solar battery.Published on June 2, 2010 by Crossroads Decoys
The first charge was good, second time it took longer, after that it does not want to charge even when placed in sunshine. Very disappointed in product.Published on May 10, 2010 by Penny J. Schooler


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Smallpox Vaccine Adverse Events Among Civilians --- United States, January 24--February 18, 2003
During the civilian smallpox vaccination program, CDC and state health departments are conducting surveillance for vaccine-associated adverse events. In the first stage of the program, active surveillance is being conducted for potentially life-threatening, moderate-to-severe, and other serious adverse events and for vaccinia transmission to contacts of vaccinees (1) (Table). Nonserious events are reported via passive surveillance and are expected to be underreported. This report summarizes smallpox vaccine adverse events reported among civilians vaccinated as of February 14, 2003, and received by CDC from the Vaccine Adverse Event Reporting System (VAERS) as of February 18.
Potentially life-threatening and moderate-to-serious events are classified on the basis of evidence in support of the reported diagnoses. For probable cases, other causes are excluded, and supportive information is available. Events are classified as suspected if they have clinical features compatible with the diagnosis but either further investigation is required or additional investigation of the case did not provide supporting evidence for the diagnosis and did not identify an alternative diagnosis. CDC and state health departments also receive reports of other events that are associated temporally with smallpox vaccination. Reported adverse events are not necessarily associated with vaccination, and some or all of these events might be coincidental.
During January 24--February 14, 2003, smallpox vaccine was administered to 4,213 civilian health-care workers in 27 jurisdictions. No potentially life threatening or moderate-to-severe adverse events have been reported. Among seven vaccinees with reported nonserious adverse events, the most common signs and symptoms were fever (n = two), rash (n = two), malaise (n = two), pruritus (n = two), hypertension (n = two), and pharyngitis (n = two).
Surveillance for adverse events during the civilian smallpox vaccination program is ongoing. Regular surveillance reports will be published in MMWR.
- CDC. Smallpox Vaccine Adverse Events Monitoring and Response System for the first stage of the smallpox vaccination program. MMWR 2002;52:88--9.
Return to top.
Use of trade names and commercial sources is for identification only and does not imply endorsement by the U.S. Department of
Health and Human Services.
References to non-CDC sites on the Internet are provided as a service to MMWR readers and do not constitute or imply endorsement of these organizations or their programs by CDC or the U.S. Department of Health and Human Services. CDC is not responsible for the content of pages found at these sites. URL addresses listed in MMWR were current as of the date of publication.
All MMWR HTML versions of articles are electronic conversions from typeset documents.
This conversion might result in character translation or format errors in the HTML version.
Users are referred to the electronic PDF version (http://www.cdc.gov/mmwr)
and/or the original MMWR paper copy for printable versions of official text, figures, and tables.
An original paper copy of this issue can be obtained from the Superintendent of Documents, U.S.
Government Printing Office (GPO), Washington, DC 20402-9371;
telephone: (202) 512-1800. Contact GPO for current prices.
**Questions or messages regarding errors in formatting should be addressed to firstname.lastname@example.com.


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Meadows, cows and in the middle of the country side (close to the road and motorway – so easy access). The Hoestinkhof is owned by the same family for many years. The building is not any more in use as a farm but provides individual and group accommodation. We stayed here with a group eight adults for a training and... More
Location: The Netherlands > Overijssel Province > Markelo
Price Range (Based on Average Rates): $
- Reservation Options:
- TripAdvisor is proud to partner with Booking.com, Priceline and BookingOdigeoWL so you can book your De Hoestinkhof reservations with confidence. We help millions of travelers each month to find the perfect hotel for both vacation and business trips, always with the best discounts and special offers.


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road.cc malware alerts: what happened
If you are getting a warning alert, here's why...
Some of you contacted us this evening to let us know about malware warnings on the site. We've been investigating the problem, and here's what we've found out...
So, what happened?
Somebody utilised a back door in one of the scripts in our ad serving platform, and used it to add a javascript call to some of the banner ads on the site. The call was to a malware site.
What are you doing about it?
We've deleted the offending scripts and we'll be doing a clean install of our ad serving software from the newest available version to make sure that any known vulnerabilities are removed. In the meantime we've set up processes to check for any new scripts being added, and remove them immediately.
Is my personal data safe?
Yes - the ad database is separate from the site database, and to be on the safe side we've changed all the back-end passwords site-wide.
Why am I still getting malware warnings?
Google is constantly spidering websites collecting information - those spiders will have flagged up the attempted malware attack on road.cc to Google as it happened yesterday. Even though we were instantly aware of the attack and removed the rogue script that flag will automatically appear on Google searches to this site and will have been picked up by browser security setting particularly those for Google Chrome, Firefox and Safari. We have asked Google to review and remove its warning about the site because road.cc is NOT infected with malware. For now all we can do is wait for Google to review the site at which point those malware warnings will stop. Be assured that we take the security of this site very seriously and will continue to do so.
What should I do if I get another malware warning on road.cc?
Email us at email@example.com and let us know, giving as much info as possible.
I just got it again this second, its 5.34am GMT
Every different section, News, Forum......etc gives me another one
that may be because google has picked up the infected pages and is marking them as attacked; we've requested a review of that.
I always knew you guys were up to something. You'll be telling me to put my road shoes in the freezer next....tsk tsk!
Yes, I only got it a little while ago myself when I quit out of Safari and then turned it on again. I've just added a bit to the original story about why that is happening - basically it's the security settings in your browser picking up the flag from Google - they all link back to that Google message.
As Dave says above, we've asked Google to review the flag and we're confident that when they do it will be removed.
I just wish they'd hurry up
Ah ha, that explains why i can't get from your facebook links to, just get a security warning from there aswell
Security Alert: This Link May Not Be Safe
Facebook has teamed up with Google to help protect you online. The link you are trying to visit has been identified as potentially unsafe by our trusted partner. Visit the Facebook Security Page to learn more about staying safe on the Internet.
Visiting this website mayb harm your computer
This page appears to contain malicious code that could be downloaded to your computer without your consent. You can learn more about harmful web content including viruses and other malicious code and how to protect your computer at StopBadware.org. Advisory provided by Google. Learn more
Switch the google tracking off in your browser settings. They aren't trustworthy and - like on road.cc - usually only flag mainstream sites after the problem has been fixed. Just keep your antivirus and intrusion detector up to date!
I tried to get in this morning to add Oliver Zaugg and Dan Martin to my fantasy league team but was blocked. Anyone know how they got on?
Switch the google tracking off in your browser settings. They aren't trustworthy and - like on road.cc - usually only flag mainstream sites after the problem has been fixed. Just keep your antivirus and intrusion detector up to date!
Nah i think i'll leave my browser settings as they are, they are there for a reason
As for anti virus and intrusion software, i've yet to find one that works for me, being a techy i'm quite happy to run my systems without it and haven't used anti virus for around 12 years
The good news is Google has stopped flagging the site so hopefully we can all get back to the usual stuff of talking about bikes, and riding in all their various forms
Tony, FYI I have just been confronted by Facebook's alert mentioned above by Gkam84.
Nah i think i'll leave my browser settings as they are, they are there for a reason
Two reasons in fact: security theatre and big brother!


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Lenses / Re: Canon EF 40mm f/2.8 Pancake Coming [CR3]« on: May 22, 2012, 04:23:50 AM »
I feel like anything from 24 to 35 would be more useful.Agreed.
The Nifty Fifty is a no brainer purchase, and if there was an equivelent priced one in the range above. +1 more lens for me.
I like the mirrorless APS-H idea with the 40mm. But wow that would be an expensive sensor. Maybe they had some 1Dmk4s ones spare.
It seems like an age since Canon released any new affordable consumer lenses.


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Sign up for Yardbarker's daily Top 10 newsletter, the Morning Bark! Customize to get news on your favorite sports and teams.
Found February 25, 2013 on StraitPinkie.com:
PLAYERS: John Calipari
TEAMS: Kentucky Wildcats, Mississippi State Bulldogs
TEAMS: Kentucky Wildcats, Mississippi State Bulldogs
Back in 1996, the Kentucky Wildcats had not won a national championship since Joe B. Hall lead them there in 1978. A guy by the name of Rick Pitino took over the Kentucky job in 1989, and began forming a contender from the very beginning. In 1993, the 'Cats made the Final Four. Three years later, they were back in the Final Four and taking on a John Calipari led UMass team. After defeating the Minutemen 81-74, the 'Cats were on their way to the national championship game vs. Syracuse. The 'Cats prevailed over the Orangemen 76-67 and won the school's first championship in 18 years. Nowadays, it is commonplace for players of a national championship winning team to receive rings. The 1996 Kentucky squad never received any rings except for the ones given out by the NCAA. On Wednesday night, that is all going to change for one of the best teams in college basketball history. For the guys on the team, they say it's like winning the championship all over again. The team will be honored at halftime of the Kentucky/Mississippi State game on Wednesday night, and receive their rings. Derek Anderson said it was a sign that UK was giving back to the team that gave so much to the university. Usually, players come and go to their schools and are just forgotten about. At the University of Kentucky, that is certainly not the case. The team as a whole was like a true brotherhood, loving one another and were much more than teammates. That fact is still relevant today as they stay in touch and reunite. While John Calipari may not encourage the hotel room wrestling that the '96 team did before the Final Four, he would love and wish for his teams to have the love and togetherness the '96 team has. For me, the 1996 edition of the Kentucky Wildcats was my very first team I followed as a kid. I loved watching that team and grew up under the impression that Kentucky was always that good. They always won, and they always dominated. If they lost, something was horribly wrong. As an adult, I have tremendous respect for the one of the greatest teams of all-time. It's not the commonplace for teams to go 34-2 anymore, nor to have 9 future NBA players on the same roster. I always wonder if '97 would have been any different without Derek Anderson hurting his knee. That team was the start of Kentucky being a national title contender again, and created the birth of a whole new generation of Kentucky Wildcat fans. "The Untouchables" earned their nickname, and their rings.
Original Story: http://www.straitpinkie.com/kentucky-...
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- Lights, camera, action for TIFF this week
- Chris Brown pleads guilty to assault in Washington
- Versatile Viggo speaks French in 'Far From Men'
- Intriguing titles at the Toronto film fest
- Dethroned Myanmar beauty queen blasts pageant boss
- Chris Brown back in DC court for plea hearing
- Netflix unveils new way to share recommendations
- ISIS militants accused of ethnic cleansing in Iraq
- Jennifer Lawrence photo hack: Attention turns to FBI, Apple
- B.C. teachers' strike: No classes on what is supposed to be 1st day of school
- Gabriel Dion and Saint-Sulpice bar owner make amends
- Uzi gun death accident exposes debate about children and guns
- 'Bias' concerns led tax agency to target left-leaning think-tank
- Uber taxi app banned in Germany
Rick Mercer releases more rants in book form
CBC Television's Rick Mercer poses for a photograph in Toronto on Wednesday, September 16, 2009. After 10 years of ranting on the air, Mercer is pushing his opinions on the page.The comedian has been doing the "Rick Mercer Report" for about a decade now, which famously includes a weekly rant.THE CANADIAN PRESS/Darren Calabrese
TORONTO - After 10 years of ranting on the air, Rick Mercer is pushing his opinions on the page.
The comedian has been doing the "Rick Mercer Report" for about a decade now, which famously includes a weekly rant.
"I can count on one hand for the past five years the times I've beat myself up finding something to rant about. There's lots to rant about," says Mercer in an interview.
In "A Nation Worth Ranting About," Mercer compiles a collection of rants from the last few years, as well as a few articles he's had published, and some new essays. Sitting in a bar in east-end Toronto, he says the goal, obviously, is to be funny whenever possible.
"It can be about the PM or it can be about winter drivers. A good rant just has to come from the rant place, quite often an angry place," Mercer says. "And I can be angry about lots of stuff, not just the prime minister."
His rant following the death of Jamie Hubley, a gay teen who was bullied and took his own life, is one that Mercer highlights among his most important. While he says he doesn't necessarily have an absolute favourite, he was happy the Hubley rant got so much attention, blew up on YouTube and received a ton of media coverage.
"If I could choose any rant to go viral, or if I could choose any rant that teachers would bring into classrooms, it would be the Jamie Hubley rant."
He says he's glad the "Rick Mercer Report" has turned into a family show, even though it started out as a show for adults.
"We're lucky to have stumbled onto a show that university students watch, but also kids watch, and their parents watch. It's the holy grail in TV; people are always looking to do that. I didn't set out to do that."
And Mercer says he's thrilled the show is used as an educational tool.
"I love when I hear that teachers are playing the rant in school," he says. "When I was a student, nothing made me happier than when the teacher rolled the TV and VCR into the classroom. I was like, 'Yes, we're gonna watch something! It doesn't matter what it is, I don't have to listen to that person talk anymore!'
"If their social studies class once a week is spent watching my show, that makes me very happy."
With all of Mercer's talk about Canadian politics, will he ever take a stab at being a politician?
"Never say never," he says. "But just because you love a subject doesn't mean you should try doing it. Just because you're a great sports journalist doesn't mean you should be the pitcher for a baseball team."
"A Nation Worth Ranting About" is available Tuesday, the same day the next season of the "Rick Mercer Report" kicks off on CBC-TV.
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January 2013, TruckingInfo.com - Department
by Don Jerrell, HNI
I recently facilitated and sat in on a number of DataQs at the ATA Safety & Loss Prevention Management Council meetings in Kansas City. There were lots of valuable ideas and thoughts shared there, and I wanted to summarize the key points I took away from the meetings.Be selective with DataQs
It looks like CSA is going to be around for a while, and one of the best ways to protect your company is to make sure that violations are true and correct. Using the Data Q system can be an option in some cases. Timeliness is one of your best tools. Make sure you are monitoring your portal and are being informed whenever there is an occurrence. P.S. - Did you know that you can get an actual copy of the inspection report via Data Q?This article originally appeared on the HNI blog. Used with permission. HNI is a non-traditional insurance and business advisory firm.
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Generators left in the darkPUBLISHED: 03 Jun 2010 00:05:00 | UPDATED: 22 Jun 2010 10:35:52PUBLISHED: 02 Jun 2010 PRINT EDITION: 03 Jun 2010
Mathew Dunckley
Some of Victoria's privately owned power companies own the brown-coal mines that feed their plants. Photo: Paul Jones
Victoria's privately owned electricity generators are no closer to finding out how the government's resource super profits tax is going to capture their operations.
The issues for the sector in Victoria are complicated by its private-ownership structure and because a number of the generators own the brown coal mines that feed their furnaces.
The vertically integrated structure means that these companies, if caught by the tax, would need to assess the costs of their mine operation and the "profits'' made from mining the coal.
The issue is all the more complicated in the case of brown coal because it is not export grade and so not freely traded, making its valuation as a commodity very difficult.
Some generators do sell brown coal to other generators but these arrangements are heavily regulated and perhaps not reflective of a true market price. Several industry sources said there was not enough information to gauge the impact of the tax.
"We are taking advice on what, if any implications it has for the sector,'' Energy Supply Association of Australia chief executive Brad Page said. ``We don't think it's clear what they might be.''
Part of the uncertainty is caused by conflicting language at an official level. The Henry tax review did not include brown coal in the list of resources that should be subject to the tax but left its treatment rather open.
"Whether brown coal should be subject to the resource rent tax merits further consideration," the review said.
The government's response indicated that exemptions would not be desirable and that the taxing of integrated operations warranted consideration.
In spite of this Resources Minister Martin Ferguson criticised the opposition for suggesting that electricity prices would go up if fuel sources such as coal were hit with the tax.
"Those integrated operations are not expected to attract a super profits tax,'' he said.
Mr Ferguson's spokeswoman said the government was continuing to work through issues with the sector.
Some inside government argue that the simplest solution is to exempt the electricity sector's operations but there is believed to be considerable difficulty in crafting an exemption.
The Australian Financial Review
Read more
|Martin Ferguson, Brad Page
|Energy & Utilities, Taxation


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Pennsylvania Constitution in the News - Current (2013 - 2014)
On June 23, 2014, Kate Giammarise of the Pittsburgh Post-Gazette reported that Attorney General Kathleen Kane's investigation on the delay in bringing charges against former Penn State coach Jerry Sandusky was not motivated by any political considerations by former attorney general and current governor Tom Corbett. The probe did find that prosecutors should have acted more quickly in the investigation, including search Sandusky's home much earlier in the investigation. See Politics Had No Role In Sandusky Inquiry
On June 7, 2014, Global Data Point reported that the attorney for former Washington County judge Paul Pozonsky wants Washington County President Judge Debbie O'Dell to testify about an administrative order she signed that allowed police to search and seize evidence that lead to Judge Pozonsky being charged with various offenses. Judge Pozonsky's attorney asserts that since no search warrant was issued for these searches and seizures, the evidence should be thrown out as a violation of the 4th Amendment and the Pennsylvania Constitution. See Pozonsky Lawyer Presses For President Judge's Testimony
On June 5, 2014, Amy Worden of the Philadelphia Inquirer reported that the Pennsylvania Senate State Government Committee passed a resolution that would reduce the Pennsylvania Supreme Court from seven to five justices and eliminate two judgeships on the Superior Court. This bill is a series of several proposed Constitutional Amendments to the Pennsylvania Constitution aimed at reducing the size and budget of Pennsylvania's government, which also includes cutting the number of state senators and representatives, as well as eliminating the office of the lieutenant governor. The bill is expected to be voted on by the full State Senate before the end of the month. See Senate Committee: Cut Lawmakers, Judges, Lieutenant Governor
Commonwealth v. Alicia, --- A.3d ---, 2014 WL 2208138 (Pa. May 28, 2014): per McCaffery, J., the court held that "expert testimony on the phenomenon of false confessions would impermissibly invade the jury's exclusive role as the arbiter of credibility." In this holding, based on Pennsylvania evidence law, the Court decided that that the issue of a false confession "is best left to the jury's common sense and life experience, after proper development of relevant issues [of] the particular circumstances surrounding the elicitation of his confession." In a dissenting opinion which Justice Todd also joined, Justice Saylor states "the better approach is to trust our trial judges to make fair and just decisions on admissibility of expert evidence."
On June 3, 2014, Zack Needles of The Legal Intelligencer reported that the Commonwealth Court in the case Board of Commissioners of Bedford County v. Ling, held that the president judge of the Bedford County Court of Common Pleas "has no authority to withhold from the county treasury money in certain court-controlled funds." The opinion written by Judge P. Kevin Brobson specifically held that the president judge could not withhold funds from the county's supervisory, DUI, and fines/forfeiture funds. The opinion also noted that the case may be appealed to the Pennsylvania Supreme Court. See Court Says President Judge Doesn't Control County Funds
On May 29, 2014, the States News Service reported that the Pennsylvania's Senate State Government Committee will consider two bills that would reduce the size of the Pennsylvania legislature. Committee Chair Senator Lloyd Smucker stated the committee will consider an amendment to Senate Bill 324, which lowers the number of state senators from 50 to 45 and review House Bill 1234, in which the state house of representatives reduced the number of districts from 203 to 153. Both bills would require a constitutional amendment, which the voters would decide through a referendum. See Senate State Government Committee To Consider Proposals To Reduce Size Of Legislature
On May 28, 2014, Mark Scolforo, of The Associated Press reported in the Delaware County Times that the Pennsylvania Supreme Court has ruled in Commonwealth v. Walker that criminal defendants may introduce "expert testimony about the reliability of eyewitness identification." Justice Debra Todd wrote the opinion for the Court, which ended a 20 year period in which Pennsylvania had a per se rule that such expert testimony was inadmissible, stating "[t]wenty years of advances in scientific study have strongly suggested that eyewitnesses are apt to erroneously identify a person as a perpetrator of a crime when certain factors are present." See Ruling In Pa. Allows Expert Testimony On Eyewitness ID
On May 23, 2014, Chris Togneri and Mike Wereschagin of the Pittsburgh Tribune-Review reported that Governor Tom Corbett signed an executive order that allows for gas drilling under state forests and parks, but bans "drilling that would result in long-term surface disturbances." In allowing gas companies "to drill horizontally from wells on properties adjacent to state lands, or on land the state leased," Gov. Corbett stated that this is a "balanced approach" that both protects "special characteristics and habitats" of the state lands and also "provide[s] for historic investments" in various governmental programs. See Corbett Allows Drilling Under State Lands
On May 21, 2014, Kate Giammarise and Gideon Bradshaw of the Pittsburgh Post-Gazette reported that Governor Tom Corbett will not appeal the decision in Whitewood v. Wolf, written by federal district court Judge John E. Jones III, which struck Pennsylvania's Marriage law, which prevented same-sex couples from marrying in the state. Gov. Corbett stated that "[g]iven the high legal threshold set forth . . . in this case, the case is extremely unlikely to succeed on appeal." See No Appeal of Pa. Gay Marriage Ruling
On May 20, 2014, Rich Lord of the Pittsburgh Post-Gazette reported that Pennsylvania's marriage law, which prevented gay couples from marrying in Pennsylvania, as well as not recognizing same sex marriages from other states, was held unconstitutional as a violation of both the Equal Protection and Due Process Clauses of the 14th Amendment. U.S. District Judge John E. Jones III wrote the opinion, stating that "the classification imposed by the Marriage Laws based on sexual orientation is not substantially related to an important governmental interest." The can be appealed to the Third Circuit Court of Appeals. See Same-Sex Marriage Ban Ruled Unconstitutional in Pennsylvania
On May 18, 2014, Chris Brennan of the Philadelphia Daily News reported that Dennis Kilderry's campaign for 173rd state House seat in Northeast Philadelphia may be in jeopardy because of past felony convictions. In 1994, Kilderry pleaded guilty to attempted car theft among other charges stemming from an attempt to steal a car. Current Bucks County District Attorney David Heckler, who reviewed the plea, explained "that car break-ins are often pursued as misdemeanors but attempted car thefts are treated as felonies." The Pennsylvania Constitution does not allow "felons" to be elected officials. See NE Philly Dem's Past A Problem
On May 8, 2014, Brad Bumsted of the Pittsburgh Tribune Review reported that Governor Tom Corbett will not appeal a state court's ruling against the voter ID laws the governor signed into law in 2012. Gov. Corbett stated that while he believes the court's opinion does constitutionally permit a voter ID requirement, that "changes must be made to address accessibility to photo identifications." See Corbett Won't Appeal State Court Ruling That Struck Down Voter ID Law
On May 5, 2014, P.J. D'Annunzio of The Legal Intelligencer, reported of statements made by Pennsylvania Supreme Court Chief Justice Ronald D Castille in relation to criticism of federal defenders and the handling of death-penalty appeals. Chief Justice Castille stated that the problem was not a systemic one as reported, and that some of the blame can be placed on federal judges as well. See Federal Judges Share Blame for Long Capital Cases, Castille Says
On May 2, 2014, Zach Needles, of The Legal Intelligencer, reported that The Pennsylvania Supreme Court had ruled in Commonwealth v Gary, holding that police officers with probable cause, but without a warrant, may search an automobile even where that are no exigent circumstances, thereby adopting the federal standard. The opinion, written by Justice Seamus P McCaffery states that there is "no compelling reason to interpret the state constitution as affording greater protection than the U.S. Constitution." Justice McCaffery is reported as stating that adopting the federal standard would clear up decades of "fractured jurisprudence" regarding warrantless vehicle searches and allow police officers to make decisions in high-pressure situations See Justices Broaden Standard For Warrantless Auto Searchs
On March 18, 2014, Max Mitchell, of The Legal Intelligencer, reported on state Attorney General Kathleen Kane's statements during a press conference regarding a corruption investigation of leading state officals from Philadelphia allegedly taking bribes and kickbacks. At the press conference Kane cited the tainted credibility lead witnesses along with evidence of racial targeting as major sources in Kane's office shutting down the investigation. See Kane: Phila. Corruption Case was 'Dead' Before Her Arrival
On March 18, 2014, Zach Needles, of The Legal Intelligencer, reported that on March 12 the Pennsylvania Supreme Court heard arguments over whether the General Assembly has the power to overturn a court ruling through retroactive legislation. Chief Justice Ronald D. Castille was quoted as saying the legislature can change a law going forward but he was skeptical as to the legislature's power to overturn a court's ruling. See Pa. Justices Mull Legislature's Power to Overturn Court Rulings
On February 21, 2014, Michael Sanserino, of the Pittsburgh Post-Gazette, reported that the Pennsylvania Supreme Court has denied an appeal from the Corbett administration seeking reconsideration on its decision finding Act 13 unconstitutional under the Pennsylvania State Constitution. See Pa. High Court Won't Reconsider Decision on State Oil and Gas Law
On January 21, 2014, Saranac Hale Spencer reported that the Commonwealth Court of Pennsylvania has ruled the Voter ID law unconstitutional. In the opinion, stated as not reported, Judge Bernard L McGinley stated "Voting laws are designed to assure a free and fair election; the voter ID law does not further this goal." In his opinion McGinley said that the state can't pass a law under the constitution requiring voters to show photo identification without also including in the law a mechanism for the state to provide those IDs to voters, holding Pennsylvania's voter ID law doesn't do that. See Voter ID Laws Struck Down
On January 17, 2014, Gina Passarella, of the Legal Intelligencer, reported that the state Supreme Court has granted allocator in Zauflik v. Pennsbury School District involving the constitutionality of the Political Subdivision Tort Claim Act that limits damages owed by governmental entities. The case centers around a $14 million verdict for injuries sustained when a school bus ran over a student, with the verdict being cut to $500,000 under the statutory damages cap. See Justices Take Up Governmental Damages Cap Case
On December 26, 2013, The Pittsburgh Post-Gazette published an editorial written by Bruce Ledewitz on the State Supreme Court's holding in Robinson Township v. Pennsylvania, finding portions of Act 13 unconstitutional for violating Article 1, Section 27 of the Pennsylvania Constitution. See An Opinion for the Ages: Pa. Supreme Court Strikes a blow for the Environment in Act 13 Ruling
On November 22, 2013, Max Mitchell of The Legal Intelligencer, reported that Judge Patricia H. Jenkins, of the Delaware County Court of Common Pleas, has been nominated to the state Superior Court. If confirmed, Jenkins will fill the vacancy created by President Judge Correale F. Stevens' elevation to the state Supreme Court on July 3 in addition to having the appeals court operating with a full complement of 15 judges. See Jenkins, DelCo Judge, Nominated to Superior Court.
On November 18, 2013, voters asked Schuylkill County Court to order recounts in the race for Mahanoy City Mayor, where Republican Dennis Wiessner trails incumbent Democrat Nancy J. Petritsch., it remains questionable whether Wiessner could even serve if he won the recount based on Wiessner pleading guilty in 1972 to the theft of turkeys and fencing in Lehigh County, which was considered a felony at the time because the property value was about $75. Under Art. II, § 7 of the Pennsylvania Constitution, anyone with a felony record cannot serve in public office, including mayor. See Recounts Sought in DA, Mahanoy Mayor Races
On November 11, 2013, Max Mitchell, of the Legal Intelligencer, reported on a ruling of the Pennsylvania Supreme Court holding that judges and magisterial judges may be disciplined for any illegal conduct that affects the integrity of the judicial office. This decision overruled a previous decision that limited discipline only to matters where conduct implicated the judicial decision making process. See Judges May Be Disciplined For Extrajudicial Conduct
On Oct 24, 2013, P.J. D'Annunzio, of The Legal Intelligencer, reported on Chief Justice Ronald Castille's comments related to his bid for retention in the upcoming election on November 5. Castille stated that despite having only one year left before reaching Pennsylvania's mandatory retirement age, he had many objectives he wanted to accomplish such as furthering the Elder Law Task Force and pushing for legislation regarding constable reform. See Castille Defenda Re-Election Bid, Touts Initiatives.
On August 5, 2013, Gina Passarella, of the Legal Intelligencer reported statements made by Montgomery County Solicitor Raymond McGarry defending the county's issuance of marriage licenses to same-sex couples. McGarry also urged that before any court issued orders to enforce the ban they should examine whether it is constitutional. See Montco: Pa. Same-Sex Marriage Ban Unconstitutional
On August 2, 013, Saranac Hale Spencer, of the Legal Intelligencer, reported that the injunction against the Voter ID law may be extended through the upcoming Pennsylvania elections. The State argued that continuing the injunction would allow poll workers to act as they had during the last election, allowing workers to ask for ID, and give more time for the court to decide the case. See Voter ID Law Injuction May Extend Through Elections
On July 30, 2013, Gina Passarella, of the Legal Intelligencer reported that a federal Judge in Pennsylvania has held that profit-sharing benefits of a female Cozen O'Connor partner would go to her wife and not her parents. The judge stated federal law controlled and clearly required that the benefits go to the surviving spouse; pointing out that there is no doubt who the surviving spouse is under the plan. See Court Recognizes Same-Sex Marriage in Cozen Benefits Row
On July 23, 2013, Saranac Hale Spencer and Ben Present, Of the Legal Intelligencer, reported on the debate surrounding State Attorney General Kathleen Kane's delegation of defending Pennsylvania's ban on gay marriage to the Office of General Counsel. According to lawyers on both sides, the article states the issue boils down to an exception to the attorney general's obligation to defend the laws of the state if a proper court has held that a given statute is unconstitutional; and if that exception is broad enough to apply to the US Supreme Court's decision regarding DOMA. See Legal Implications of Kane's Gay Marriage Move Uncertain
On June 24, 2013, Amaris Elliott-Engel, of the Legal Intelligencer, reported that Traffic Court Judge Christine Solomon testified before the Pennsylvania Supreme Court defending her conduct during the ongoing investigation of a ticket fixing conspiracy. Solomon remains the only Philadelphia Traffic Court judge not charged by federal prosecutors and the Pennsylvania Supreme Court has issued a rule to show cause as to why Traffic Court Judge Christine Solomon should not be suspended due to her lack of cooperation with First Judicial District consultants. See Traffic Ct. Judge Defends Conduct During Internal Probe
On June 23, 2013, Emilie Lounsberry, of The Inquirer, reported on current efforts by various Pennsylvania judges to change the mandatory retirement age for state court judges given that the case was recently rejected by the Pennsylvania Supreme Court. See Efforts Underway to end Mandatory Retirement Age for Judges
On June 11, 2013, Craig R. McCoy, of the Philadelphia Inquirer, reported that Pennsylvania Supreme Court Justice Seamus McCaffrey is being investigated by the Federal Bureau of Investigations over referral fees received by his wife, and chief aide, for referring clients to personal injury firms. See FBI Investigation Pennsylvania Supreme Court Justice Seamus McCaffrey
On June 14, 2013, Zach Needles reported that Governor Tom Corbett had nominated state Superior Court President Judge Correale F Stevens to the Pennsylvania Supreme Court. Stevens was among the list of potential candidates previously reported on June 12, 2013.
On June 13, 2013, Amaris Elliott-Engel, of the Legal Intelligencer, reported on a speech given by former U.S. Supreme Court Justice Sandra Day O'Conner. O'Conner suggested that judicial elections should be eliminated in Pennsylvania because of the danger political contributions can have on the public's perception of the judiciary. See O'Connor Suggests End of Judicial Elections in PA
On June 12, 2013, Amaris Elliott-Engel, of the Legal Intelligencer, reported that several sources within the Philadelphia court system shared knowledge of Supreme Court Justice Seamus McCaffrey contacting members of the First Judicial District in 2012 regarding then ongoing cases and how they were being handled within the district. See Justice McCaffery Contacted FJD About Cases
On June 11, 2013, Amaris Elliott-Engel, of the Legal Intelligencer, reported on the current debate regarding the role of the Pennsylvania Supreme Court in judicial discipline cases. The article includes several interviews with parties on both sides of the issue, ranging from former Judicial Discipline judges, attorneys, and Pennsylvania constitutional scholar Bruce Ledewitz. See http://www.law.com/jsp/pa/PubArticlePA.jsp?id=1202603570470&thepage=1
On June 4, 2013, Amaris Elliott-Engel of the Legal Intelligencer reported of an interview with Chief Justice Castille by the Legal Intelligencer. Among the topics covered, the Chief Justice discussed his reasons for seeking retention as well as his impressions of the Court during his 20 years of service.
On May 20, 2013, Steve Esack reported in the Morning Call about activists taking action to prevent Chief Justice Castille from winning an upcoming retention election and serving another 10 year term on the Supreme Court. See PA Political Activists Seek to Keep PA Chief Judge Castille From Another 10-year Term.
On May 13, 2013, Paul Carpenter reported in the Morning Call concerning a challenge before the PA Supreme Court regarding "one-sided laws" for theft within PA casinos. Matthew Eisenburg was fined $75,000 plus restitution for stealing $200 worth of poker chips while working at the Rivers Casino. The Gaming law carries a maximum penalty of $150,000 in fines. A similar misdemeanor outside a casino carries a 10,000 maximum. Eisenburg's attorney argued before the PA Supreme Court that penalty was excessive under the PA Constitution and therefore unconstitutional.
As reported in the media on May 13, 2013, the Pennsylvania Supreme Court has assumed jurisdiction under its Kings Bench power of the third state court lawsuit challenging the constitutionality of requiring judges to retire in the year they turn 70. As reported by Amaris Elliott-Engel in the Legal Intelligencer, during oral arguments in the two cases already before the Supreme Court, Justice J. Michael Eakin asked the attorney for the Commonwealth if the 3 cases could be considered by the High Court together and also asked if the 3 cases could all be rejected on the authority of Gondelman v. Commonwealth. Supreme Court Takes Control of Third Judicial Retirement Suit.
On May 7, 2013, Greg Gross reported in The York Dispatch that Ronald Franklin resigned from West York Council. Franklin did not meet the PA Constitutional requirement that a candidate be a resident of the municipality he or she wishes to represent for one year.
On May 5, 2013, Amariss Elliot-Engel, of the Legal Intelligencer, reported that the federal judge presiding over the Philadelphia traffic court ticket-fixing case issued a protective order keeping subpoenaed certification exams taken by six defendant members of the minor Judiciary confidential. The six defendants, as nonlawyers, had to be certified before taking office in Traffic Court. Philadelphia Traffic Court Tests Placed under Protective Order.
The Pennsylvania Bar Association Constitutional Review Commission will be making recommendations to the House of Delegates on possible Constitutional Amendments. Amendments include: amending Article III, Section 14 to define the duty of the Commonwealth to provide a high quality public school education; amending Article VII, Section 13 to provide that the legislature must adequately fund the unified judicial system; amending Article VIII, Section 1 to state that real property is not a single class of property and that the legislature may establish specific classes of property for taxation purposes; and amending Article II, Section 3 to lengthen the terms of Senators and member of the House in the General Assembly, but limiting terms to three consecutive terms. Executive Summary Recomendations
Amaris Elliot-Engel of the Legal Intelligencer reported that the Commonwealth Court heard arguments on preliminary objections in another lawsuit challenging the mandatory retirement age for judges in Pennsylvania. This lawsuit is challenging the requirement on different grounds than the two suits currently before the State Supreme Court for expedited review. Here, the arguments are that the mandatory requirement curtails the right of voter to vote for their choice of judicial candidate and that the 2001 amendment that allows judges to serve until the end of the calendar year, renders the requirement irrational since some judges will serve longer than other past their 70th birthday. Mandatory Retirement Lawsuit Argued in Commonwealth Court
Bruce Ledewitz, Duquesne University School of Law, was quoted in the Philadelphia Daily News saying that he does not think the State Supreme Court took the case challenging the mandatory retirement age out of self-interest. It is more likely that the court took the case in order to dismiss it. This Case for the Ages should be dropped
Gina Passarella and Amaris Elliot-Engel of the Legal Intelligencer reported that the State Supreme Court issued a show-cause order to the only Philadelphia Traffic Court judge not indicted the ticket-fixing scandal. Traffic Court Judge Christine Solomon has been hearing cases since March of 2012. The order requires Solomon to show cause why she should not be suspended for 90-days for "refusal to cooperate with the court ordered administrative review of the Traffic Court." Solomon has said that she was not well the day that she declined the interview. Justices Take Step Toward Suspension of Traffic Court Judge
Amanda Cregan of The Intelligencer reports that there is speculation that the delay in the disposition of the challenge to Act 13, the Oil and Gas Act of 2012, is due to the existence of a 3-3 split on the Pennsylvania Supreme Court. The Justices heard the oral arguments on the case in October, 2012. Attorney's anticipated a decision on the case by January. The Justices may be waiting until they can issue a decision in the case that would have a majority opinion. Pa. judge conviction leads to delay in gas drilling ruling
Robert C. Heim, the lawyer for six of the eleven judges challenging the mandatory retirement age for judges in Pensylvania, responded in the Allentown Morning Call to the opinion piece by John Morganelli in which Morganelli stated that the State is facing a constitutional crisis. Heim writes that the "rule of necessity" is not voided in this case where a federal judge can hear the state claim because the Justices of the State Supreme Court have the final say on what the Pennsylvania Constitution means. Heim also writes that, although a constitutional amendment is an approach to changing the law that is to be supported, the judges bringing the action need not wait for that political uncertainty to take place. State court correct to hear judges' challenge to mandatory retirement
John Hays reported in the Pittsburgh Post-Gazette that the state Fish and Boat Commission is floating the idea of imposing a new fee for the "consumptive use" of water as a way to help fund the commission and the Department of Environmental Protection. Consumptive use of water is defined as taking water from the environment and not returning it. This happens when bottled water companies take water from streams and ship it out of state and when Marcellus Shale industry uses water in their operations. John Arway, the executive director of the commission, argues that the Pennsylvania Constitution mandates that the citizens own the water, so it is appropriate to charge companies whose use of water does not return it to the environment. Pa. fish and boat commission mulls charging industry for water: Senate resolution to explore imposing a fee has bipartisan support
Dean Kenneth Gormley, Duquesne University School of Law, testified at a State House of Representatives committee meeting Thursday about a bill under consideration that propose a constitutional amendment to raise the mandatory retirement age for judges to 75. Dean Gormley testified that he thinks that the age should be raised because it would allow experienced judges to serve longer, but that the retirement age should not be eliminated because it is also important to bring in fresh legal talent to the judiciary. Lawmakers Eye Bill to Raise Judges' Retirement Age to 75, The Legal Intelligencer
Zack Needles of the Legal Intelligencer reported that the State Supreme Court has issued its final report on the implementation of the recommendations of the Interbranch Commission on Juvenile Justice. The Court has adopted many of the recommendations, and it is still considering others like mandatory continuing education for juvenile court masters and hearing officers. The Court has declined to implement mandatory education for judges dealing with juvenile cases, since many judges already do this on their own. The Court also declined to create an expedited appeals system, since so few appeals are taken from juvenile Court. Other reforms not implemented require legislative action. State Supreme Court Issues Final Report on Juvenile Justice System
John M. Morganelli, Northampton County district attorney, wrote in the Allentown Morning Call that Pennsylvania is facing a State Constitutional crisis because of the process by which the State Supreme Court has taken up two of the lawsuits challenging the mandatory retirement age. Four of the justices now on the bench, including the Chief Justice Ron Castille, will be facing the mandatory retirement age in the next few years. The use of the King's Bench power to bring this issue before the high Court has fueled speculation in the legal community about whether a member of the Supreme Court might have encouraged the litigation. A federal lawsuit over the mandatory retirement age has been stayed pending a decision by the State Supreme Court on the state law issue. Morganelli takes the position that the appropriate way to address this issue is at the ballot box, not through a decision by the State Supreme Court. Will judicial self-interest trump the Pa. constitution?
Mark Nootbaar of WESA reported that State Senator Rob Teplitz has introduced legislation that would place restraints on private lottery operators similar to those placed on casino operators. Political contributions from the industry would be restricted and politicians could not hold an interest in these companies. Teplitz has introduced this bill now because he does not want to wait until any deal is approved to create a private lottery system. PA Lawmaker Wants New Controls on Lottery Operator
Bruce Ledewitz, Duquesne University School of Law, wrote an Op-Ed for the Pittsburgh Post-Gazette in which he discussed the continuing problems for the Pennsylvania Supreme Court. After reviewing a short list of the recent scandals involving the Justices, Ledewitz points out that at the root of all of these is the lack of institutional checks on the Supreme Court, such as those that exist for the other branches of government in the State. What checks and restrictions on power there are on the Court are regularly disregarded by the Court. Pennsylvania's Supreme Court, still broken
Cindy Lee Cumpston reported in the Herald-Standard that the Greene County commissioners unanimously voted to abolish the office of jury commissioner at their December 13th meeting. Now that the law allowing commissioners to do that has been overturned, the county is awaiting instruction from the state about what to do with regard to the office. After state Supreme Court overturns law county officials await verdict for jury commissioners' office
Amaris Elliott-Engel of The Legal Intelligencer reported that Pennsylvania Supreme Court Justice Jane Orie Melvin will be resigning her seat effective May 1, 2013. Her letter discussed the three decades that she has been on the bench as a trial court judge and as an appellate court judge. Orie Melvin Resigning From Supreme Court
Amaris Elliott-Engel of The Legal Intelligencer reported that the Pennsylvania Supreme Court has granted expedited review in two of three lawsuits challenging the mandatory retirement age of 70 for judges in the Pennsylvania Constitution. The judges argue that this requirement mandated by the state constitution violates another state constitutional right of "enjoying and defending life and liberty, of acquiring, possessing and protecting property and reputation, and of pursuing their own happiness." Supreme Court Grants Expedited Review of Mandatory Judicial Retirement
Karen Langley of the Pittsburgh Post-Gazzette reported that Governor Tom Corbett has decided to renegotiate the lottery privatization contract with Camelot Global Services rather than appeal the rejection of the deal by Attorney General Kathleen Kane. The Corbett administration disagrees with Attorney General Kane about the legality of the deal and is seeking "to provide clarification to the attorney general" with the renegotiation of the contract. Pennsylvania lottery deal being revised to address attorney general's concerns
Zack Needles of The Legal Intelligencer reported that at the first oral arguments since Justice Joan Orie Melvin was convicted, some of Justices who are usually quieter during oral arguments were more active. At the same time, Justice Seamus McCaffery, who is usually more active, only engaged counsel once in, Commonwealth v. Gary, a case in which the prosecution was asking for the State to adopt the federal automobile exception to the warrant requirement. While some observes had wondered if there would be more sparks flying between the justices because of recent comments by Chief Justice Ronald D. Castille about the referral fees received by Justice McCaffery's wife, all of the justices maintained their normal air of decorum and civility while at oral arguments. Some Justices Became More Vocal at Recent Oral Arguments
Amaris Elliott-Engel of The Legal Intelligencer reported that at the meeting of the Philadelphia Bar Association on March 18, 2013, Justice Michael Eakin said that although he thinks the Court has the ability to appoint an interim Justice, the court is not likely to do so because it could pre-empt Governor Corbett. The Court does not want to be in the position of "ticking" him off. Justice Eakin acknowledged that there was criticism of the legality of the Court's appointing a replacement when Justice Rolf Larsen was removed, but he did not agree that there was any problem with the Court's doing so. Supreme Court Won't Fill Orie Melvin's Spot on Its Own, Eakin Tells Bar
Saranac Hale Spencer of The Legal Intelligencer reports that Chester County Magisterial District Judge Mark Bruno has sued the Pennsylvania Supreme Court and six justices individually in Federal court for violations of his 14th Amendment due process rights. Judge Bruno was suspended without pay on February 1, 2013 by the Pennsylvania Supreme court along with other current and former Philadelphia Traffic Court judges. Judge Bruno has plead not guilty to charges of wire fraud, mail fraud, conspiracy, and aiding and abetting. As a magisterial judge, Judge Bruno sat on the traffic court infrequently - usually once a year for four or five days. Traffic Court Judge Brings Federal Suit Against Pa. Supreme Court
Craig R. McCoy of The Philadelphia Inquirer reports that questions have been raised as to whether Justice MacCaffery should have disclosed income and recused himself from ten cases involving law firms from which his wife, Lise Rapaport, received referral fees. Chief Justice Ronald D. Castille has made a statement to the effect that payment of these referral fees to the wife of a judge who also works in his judicial chamber creates a conflict of interest and the appearance of impropriety. Another issues that has been raised with respect to these referral fees is whether receiving these fees constitutes the practice of law, from which Rapaport is barred while being employed by the courts. Referral fees given to wife of Pa. Supreme Court justice raises questions
Jeremy Sellew of the the Valley Independent reports that the superintendent of the Charleroi Area School District, Dr. Brad Ferko, wants to explore the possibility of random drug testing for students in extracurricular activities and for those applying for driving passes. He presented this idea at meeting of the school board on February 26, 2013. In the discussion that took place, Solicitor Mike Lucas pointed out that random drug testing implicates the privacy protections of the Fourth Amendment of the Federal Constitution and Article I, Section 8 of the Pennsylvania Constitution. Charleroi Area eyes student drug tests
Dan Pero writes in the Pittsburgh Tribune Review that the recent trial of Justice Joan Orie Melvin is being used by advocates for merit selection to push for change in the judicial selection process. Legislation has been introduced by two state senator that would change the selection of judges from election to merit selection. Pero goes on to discuss some of the issues he sees present in having a system of merit selection such as domination of the selection process by trial lawyers and the lack of accountability by judges to the electorate. Pero points out that the merit selection process in practice has been no less political than the election process in states that have merit selection. No merit in merit selection
Brad Bumsted of the Pittsburgh Tribune-Review reported that 10 Republican legislators have decided to decline to participate in the state pension system. A variety of different reasons have been cited by the different legislators, one of which is that the Pennsylvania Constitution limits compensation for lawmakers to salary and millage. It specifically states that there is "no other compensation." 10 GOP lawmakers forgo their state pension
Professor Wesley Oliver, Duquesne University School of Law, was quoted in the Pittsburgh Tribune review stating that under the Pennsylvania Constitution, Judge Nauhaus, the trial Judge, has the authority to remove state Supreme Justice Joan Orie Melvin from the Court. The Constitution provides for an automatic disqualification for conviction of a felony. State Supreme Court Justice Orie Melvin might 'want to fight until very end'
Bruce Ledewitz, Duquesne University School of Law, was quoted in the Allentown Morning Call stating that, although Governor Corbett's pension reform plan is not the same as the retroactive change attempted by Governor Thornburgh, which was overturned by the State Supreme Court, Governor Corbett's plan to change the pension plan of vested employees is still not something that the courts have upheld. Corbett's pension reform could end up in the court: Sticking point is governor's plan to change benefits of current employees
Paula Ward of the Pittsburgh Post-Gazette writes that, Suspended Supreme Court Justice Joan Orie Melvin was convicted of all counts but one, official oppression, in her criminal trial for political corruption. Her sister Janine Orie was convicted of all of the counts filed against her. Justice Orie Melvin, sister found guilty: Jury finds that pair used state workers to run campaigns
Bruce Ledewitz, Duquesne University School of Law, was quoted in the Pittsburgh Tribune-Review stating that Governor Corbett should use the King's Bench power to appeal the decision of Attorney General Kathleen Kane rejecting the contract between the Corbett Administration and Camelot Global Services to privatize the lottery directly to the State Supreme Court. This would be a faster solution than revising the contract and sending it through the Legislature. Because Kane's decision challenges the governor's power, this would be the best way to get a quick resolution. Corbett says decision on next lottery move likely to come next week
Zack Needles of The Legal Intelligencer reviews the frequency of 3-3 splits on the Pennsylvania Supreme Court since Justice Joan Orie Melvin was suspended from the bench in May of 2012. While there have been a few 3-3 splits, those splits have not always occurred along party lines. Justice Joan Orie Melvin's absence means more 3-3 splits on Pa. Supreme Court
Mark Shade writes in the Bucks County Courier Times that a lawsuit has been filed challenging the possible agreement between the Corbett administration and Camelot Global Services to operate the state's lottery system. The lawsuit claims that the privatization through this aggreement would violate the state's lottery law as well as the Pennsylvania Constitution because it would side step legislative review. Opponent of lottery privatization ramp up with lawsuit, website Brad Bumstead reports on TribLive.com that the deal has been signed by the Corbett administration and has been sent to Attorney General Kathleen Kane for review of its form and legality. Democratic legislative leaders ask attorney general to reject lottery contract
Sandra Neuman and Joshua Geist write in in the Pittsburgh Post-Gazette concerning a pending "venue reform" bill in the General Assembly. House Bill 1976 would limit the venue for a personal injury lawsuit against corporations to the county in which the injury happened or in which the principle place of business is located. The authors claim that the proposed law would not affect all commercial claims equally and benefits large corporations over individuals. They also maintain that since the proposed law dictates venue, it is probably in violation of the separation of powers under the Pennsylvania Constitution, which vests the power to write rules governing the practice and procedure in civil court action in the Supreme Court. Venue reform bill merits outcry from residents
Professor Bruce Ledewitz, of the Duquesne University School of Law, was quoted in the Pittsburgh Tribune Review by Adam Brandolph on the question of whether or not the State Supreme Court would take up Supreme Court Justice Joan Orie Melvin's petition for King's Bench review. He predicted that they would not because her argument that she violated the code of judicial conduct and could not be criminally prosecuted was "not a strong legal claim." Attorneys for Joan Orie Melvin file motion asking Pa. Supreme Court to halt her prosecution
Three articles in the January 7, 2013 edition of the Pittsburgh Post-Gazette review the decisions made by Pennsylvania's appellate courts in 2012 and the effect of the suspension of Supreme Court Justice Joan Orie Melvin on the State Supreme Court. Cases and Issues of 2012, A-6 Michael A. Riccardi of The Legal Intelligencer discussed the rise of Supreme Court Justice Thomas G. Saylor's influence on the direction of the Supreme Court's decision making process. He has written more leading opinions in this past year than in previous years. The Supreme Court heard the appeal of the denial of an injunction by the Commonwealth Court in the voter ID case in which the Supreme Court remanded the issue for further review. One justice out; Saylor gains impact
Ben Present of The Legal Intelligencer reviewed the top cases decided by both the Commonwealth Court and the Superior Court. The Commonwealth Court heard a challenge to the state's Oil and Gas Act, and while Judge Simpson initially denied a motion for a preliminary injunction of the Voter ID Act, he granted it after he found that, in his predictive judgment, there could still be voter disenfranchisement for the 2012 general election. Voter ID, Act 13 took the spotlight
The Superior Court overturned Pennsylvania's statutory ban on "wrongful birth" lawsuits because it was passed in violation of the single-subject rule of Article II, Section 3 of the Pennsylvania Constitution. The Superior Court also heard the first appeals of juvenile sentencing for life in prison without parole in the wake of the decision in Miller v. Alabama, which held that life in prison without parole for juveniles was a violation of the Federal Constitution. Top issues revolved around constitution
Matt Hughes, of the Times Leader, writes that the district attorney of Luzerne County has decided not to pursue the ouster of Plymouth councilman Bill Dixon as ineligible to hold elected office under the infamous crimes clause. Dixon was elected to office in 2011. He has convictions for a drug charge and a burglary charge from the 1970's. Governor Tom Corbett recently pardoned Dixon for the state charges stemming from those crimes. The federal conviction for conspiracy to distribute methamphetamine remains. Dixon's lawyer is in the precess of seeking a presidential pardon for that charge. DA not pursing Dixon's removal
In an article in the Pittsburgh Post-Gazette, Torsten Ove writes that a settlement has been reached between Rabbi Daniel Wasserman and the Commonwealth of Pennsylvania. Rabbi Wasserman has agreed to drop his suit in exchange for a clarification that clergy can perform a religious burial without a funeral director being present. The suit was brought in order to get the state to clarify the terms of the law, because funeral directors had been filing reports that he was in violation of the law. Past state investigations did not lead to charges being filed. Clergy to be allowed to conduct funerals, Deal ends conflict with morticians
Robert Moran reported on Philly.com that six Pennsylvania judges have challenged the Constitutionality of Pennsylvania's mandatory retirement age of 70 for judges under both the Federal and State Constitution. The suit was filed Wednesday. Pa. judges sue over mandatory retirement


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The Traverse City Film Festival has announced what founder Michael Moore says is "the best movie lineup in its five-year history." The 2009 edition of the festival - which runs July 28 through Aug 2 - is set to screen 71 features and short films representing more than 30 countries and five continent...Read More »
Summit Entertainment will preview three of its upcoming films on Thursday July 23rd at Comic-Con 2009. Among them is the sequel to 2008's vampire romance megahit "Twilight" - "The Twilight Saga: New Moon" - which will be presented with footage of the film and a Q&A session with "surprise members of ...Read More »
Michael Haneke's Palme d'Or-winning "The White Ribbon" will open the 9th edition of the Era New Horizons International FIlm Festival, to be held in the city of Wroclaw, Poland from July 23-August 2, 2009. The film, which also won the FIPRESCI International Critics Prize in Cannes, is set in a small ...Read More »
Rooftop Films has announced a new program that pairs the New York film organization with the International Film Festival Rotterdam (IFFR) to present two films from the winter fest at Rooftop during its annual Summer series. Two films will be shown in the pilot program for this partnership, which wa...Read More »
Fresh from an announcement earlier this year that they would be entering the first-run digital market, Gigantic Digital Cinema has developed a deal with distributor First Run Features to release their award-winning feature "Bliss" online simultaneous with the New York release. The August 7th digit...Read More »
Chipotle Promo for "Food, Inc." Launches TodayRead More »
John Krasinski's Sundance 2009 directorial debut, "Brief Interviews with Hideous Men," has been picked up by IFC Films. Arianna Bocco, VP of acquisitions & co-production negotiated the deal for IFC Films with CAA for the film, which stars Krasinski and based on the book by David Foster Wallace. "Men...Read More »
The world premiere of Jon Amiel's "Creation" will open the 34th Toronto International Film Festival September 10th. The film is based on the life story of Charles Darwin, and stars Paul Bettany as Darwin and Jennifer Connelly as his wife. "Creation" marks a significant evolution from the festival'...Read More »
A feature film retrospective on the work of Ang Lee has been announced for the Film Society of Lincoln Center, running August 1-11, 2009 in New York City. The program, entitled "Intimate Views from Afar: the Films of Ang Lee," will screen all of Lee's work - from 1992's debut "Pushing Hands" to 200...Read More »
The debut of Lynn Shelton's "Humpday" led this weekend's specialty box office, according to final numbers. The Magnolia Pictures release -- starring Mark Duplass and Joshua Leonard as two straight men attempting to have sex on camera for "art's sake" -- grossed $28,737 from its two screens in New Y...Read More »


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The 9V battery in a Hunter controller has the primary responsibility of providing the ablility to program the controller remotely. Face panels can be easily removed and programmed with a 9V battery, without the need of being installed in it's case or door housing. Although irrigation system's are low voltage they still require 24V to activate station valves or solenoids. The 9 volts the battery supplies is not going to be sufficient enough to run an irrigation system, therefore the battery is simply for programming assistance.
The lithium battery or CR2032 batteries in Hunter's ICore and XCore controller's provide power for assistance in memory retention.
[1] http://www.hunterindustries.com/irrigation-product/controllers/pro-cr
[2] http://www.hunterindustries.com/irrigation-product/controllers/i-corer
[3] http://www.hunterindustries.com/irrigation-product/controllers/x-core
[4] http://www.hunterindustries.com/sites/default/files/null/controllers_proc_04.png


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» Mythbusters Drabble/RP Prompts
Leave one of these in my askbox if you want a Drabble/RP Prompt based on this idea.
I'm fine I'm fine. Am I Missing an Eyebrow?: One of our characters has gotten too close to a fire.
Jamie wants a Big Boom: Our characters are setting up for a big explosion
Any day we create that much shrapnel is a good day: Our characters have just exploded an enemy base.
I wouldn't say he's an evil genius. I'm not sure he's evil and I'm not sure he's a genius: One of our characters have come up with a dumb idea
The police officer says you need to drink more: Our characters are drinking together
Quack, Damn You!: Our characters are trying to make something work the way it should
I Reject Your Reality and Substitute My Own: Our characters have wound up in a reality where everything is different
Boy I sure hope we don't fly beyond our limits here: Our characters are testing a newly made vehicle
When in doubt, C4: Our characters are stepping up to overkill to deal with a problem
And then suddenly: Nothing Happened!: Our characters are expecting a trap that's never sprung
Our death doesn't seem to be working right. I'm standing right in it, and I'm not dead yet: Our characters are designing a weapon that doesn't want to work.
It's like four minutes of science and ten minutes of me hurting myself: Our characters are testing the weapons from the "Death Ray" prompt, and it's doing more harm than good.
He's gonna dia, but it's gonna look great!: Our characters are doing something phenomenally risky.
It's Audacious. It's Ludicrous: One of our characters is showing off something with little practical purpose.
I'm not sure what it's going to do, but it looks cool: Our characters have found some new thing, and are trying to figure out what it does/
Failure is Always an Option: Our characters have tried and failed to do something, but are not giving up
I just had one of those "What the Hell Are We Doing" Moments: Our characters are taking a step back to realize just how ludicrous their current idea is.
There is no dignity in television: Our characters are doing something potentially embarassing
Holy crap, run!: Something has gone wrong, and it has become immediately dangerous for our characters.
Look at this: It's a cathedral of failure: Our characters are looking at the wreckage of an enemy's most recent plan.
If it's worth doing, it's worth overdoing: Our characters are going all out for something exciting.
High Explosives and Electricity, Wooo!: Our characters are working on a pyrotechnics display
Let's Pillage!: Our characters are steaing something from an enemy.
posted 10:22 pm on Tuesday, May 7, 2013 with 728 notestags » #Drabble Prompts #RP Prompts #Mythbusters
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Here we go two by two
by Kay Maguire
American Apparel Zip-up Hoodies and Pullover Hoodies come in a variety of colors and sizes. Complete with kangaroo pocket this stretchy, comfortable fit, unisex cut includes double-stitched cuffs and hem.
A photo of these two beautiful horses enhanced by fine art textures
- 38Promote


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Archived Newsletters
Feature Enema pornography involves adults given enemas to others, often fake. The principal characteristic of voyeurism is that the voyeur does not normally interact directly with the subject of his/her interest, who is often unaware nude milfs of being observed. Partners can engage in penetrative sex, known as full swap, or choose to soft swap in which they engage only in non-penetrative sex. It can be combined with fellatio and the woman may move her breasts up and down on the penis for an additional stimulation, usually before the man reaches orgasm. Group sex can occur between people of all sexual orientations and genders. Scenes of multiple penetration are common in pornography. It can also be heightened by the person saying that they have to urinate. Cum-shot pornography features a collection of male ejaculation scenes. A facial is a form of non-penetrative sex, though it is generally performed after some other means of sexual stimulation, such as vaginal sex, anal sex, oral sex or masturbation. Crying pornography that features participating actors crying. In places where non-monogamous sex is taboo or illegal, group sex may take place in private or clandestine locations including homes, hotel rooms, or private clubs. Fat fetishism also incorporates stuffing and padding, whereas the focus of arousal is on the sensations and properties of a real or simulated gain. This category also includes pornographic home movies. Body parts including fingers, tongue and penis may be used for anonymous oral, vaginal and/or anal intercourse. Sadomasochism does not imply enjoyment through causing or receiving pain in other situations . The Japanese sex industry uses the term Paizuri . The surfacing of sex tapes has become so common that some are leaked as a marketing tool to advance or establish a media career. Clothed female, naked male is a genre of erotica featuring one or more nude men and one or more clothed women. Others may also use vibrators and other sexual devices more commonly associated with female masturbation. Article - June 2006
MEK No Longer a HAP
Barbara Kanegsberg
It may seem as unlikely as water flowing up-hill. However, in terms of regulatory restrictions, Methyl ethyl ketone (MEK) is now a more accessible option for general and critical cleaning applications, albeit with definite provisos. MEK is an aggressive cleaning agent with many applications for removing adherent soils. However, at the Federal level, MEK had been listed as one of nearly 200 hazardous air pollutants (HAPs).
Just to be sure we are on the same page: MEK or 2-butanone has the CAS number of 78-93-3; a CAS number is useful for unambiguously identifying chemicals that might have different names; it's sort of like a social security number for chemicals.
The status of MEK as a HAP prompted a number of solvent substitution studies. Compounds such as methyl propyl ketone (MPK) and methyl iso-butyl ketone (MIBK) were tested, with partial success. This is not surprising; solvency properties are fairly specific. Further, other properties such as evaporation rate and odor limit the utility of proposed substitutes. "Drop-in" substitutes are not the norm; and some of the proposed substitutes have other regulatory constraints. In fact, MIBK appears on the "EPA 17" list.
MEK HAP status
The good news is that MEK has been delisted as a HAP (1). The delisting as a HAP occurred because the American Chemical Council (formerly the Chemical Manufacturers Association) petitioned the EPA to do so. MEK was delisted at the end of 2005.
Prop 65 & ODC status
MEK has other favorable regulatory properties. MEK is not listed under California Proposition 65. It is not an ozone depleting chemical (ODC). ODC's destroy stratospheric ozone; or desirable ozone.
Low-level Ozone
Unfortunately, MEK is a volatile organic compound (VOC); and it is likely to remain a VOC. Very often, solvents (organic compounds) are either ODC's or VOC's; the chemical properties tend to favor an "either/or" situation. There are few that are neither. Those that react near the earth's surface and produce ozone are VOC's. Those that survive until they reach the upper atmosphere may destroy ozone and therefore are ODC's. At the Federal level, all organic compounds are classed as VOC's unless compelling evidence to the contrary is presented to the EPA. Further, interested parties have to gather this evidence and apply to the EPA for VOC-exemption.
Not all VOC's are created equal. Classically, reactivity is judged relative to ethane, where ethane serves as a "line-in-the sand." That is, compounds with a lower reactivity than ethane are more likely to be exempt as VOC's. VOC-exempt chemicals may still make smog, but they are looked on more favorably by regulatory agencies.
MEK has a relatively high tropospheric reactivity (i.e. it can react with light and other air contaminants to produce ground-level ozone). Recent maximum incremental reactivity (MIR) numbers are:
Ethane = 0.31
While there has been some impetus to look at the actual reactivity numbers rather than use ethane as an "off/on" switch, the bottom line is that it is not likely that the EPA would consider MEK for a VOC exemption (2). This means there will continue to be restrictions, particularly in areas of poor air quality.
Use MEK Responsibly
Delisting MEK as a HAP is NOT synonymous with "use as much as you want without worker safety or engineering controls." As with all chemicals, MEK must be used thoughtfully and responsibly.
MEK is flammable, with a very low flashpoint (various MSDS indicate minus 3 to minus 9 Deg. C.) This means that ignition sources must be eliminated. Please keep in mind that ignition sources can come not only from your process but also from nearby processes. By contrast, acetone has a lower flashpoint of minus 20 degrees C; MEK is still definitively a flammable solvent.
Worker exposure should be controlled and minimized. MEK is an eye and skin irritant; and it can cause dermatitis. Even though it is no longer a HAP, and even though MEK has a relatively high inhalation level (200 ppm TWA, PEL), inhalation exposure should be minimized. Excess exposure to MEK can result in CNS (central nervous system) depression. Of course, no one should ingest MEK.
Consider the process
MEK can be an option for cleaning, if other regulatory, worker safety, and process-specific issues are addressed.
Like acetone, MEK is a ketone. This means it has a carbon portion (good for dissolving oils) and a double-bonded oxygen portion (more water-like). This double-punch gives MEK a high solvency range. It has a boiling point of 80 Deg C and it has an evaporation rate of 2.7; this means it sticks around long enough before evaporating to interact with the soil and the part being cleaned. In contrast, acetone has a lower boiling point (57 Deg. C); and a much higher evaporation rate; so some people consider acetone to be a less effective cleaning agent, because it may evaporate before it removes the soil.
As we indicated, it is also a rather aggressive solvent. Aggressive solvents can react with the substrate (the material being cleaned); you do not want to have materials compatibility issues. Therefore, even if you think you remember how MEK behaved, test it again with your current product line.
Note: Data are obtained from published MSDS and from regulatory sources and are believed to be accurate. Please check all physical and chemical properties prior to using in your process. Please confirm your local regulatory constraints, as well as any company or customer constraints.
(1) http://www.access.gpo.gov/su_docs/fedreg/a051219c.html
(2) MIR numbers are from recent studies by W. Carter, U.C. Riverside; the information was kindly provided by William Johnson, U.S. EPA.