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tag:blogger.com,1999:blog-50604172014-11-20T04:40:06.144-06:00The Privatopia PapersEvan McKenzie on the rise of private urban governance and the law of homeowner and condominium associations.
Visit evanmckenzie.wikispaces.com for my published articles and services.Evan McKenziehttp://email@example.com:blogger.com,1999:blog-5060417.post-7911792632772134882014-11-17T19:50:00.001-06:002014-11-17T19:50:34.276-06:00Residents ask court to remove 3 HOA board membershttp://www.sun-sentinel.com/local/broward/fl-lawsuit-tamarac-hoa-20141117-story.html
"Residents of a 55-plus neighborhood are so fed up with four members of their homeowners association board that they are asking a judge to help remove them. Nearly 75 residents of the Mainlands 3are asking a Broward circuit court judge to forbid the four from writing checks and to hold a special meeting within 48 hours to allow a removal vote."
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This is an election dispute. Judges tend to be reluctant to reverse HOA elections because they think if they start doing it soon they will be doing little else.Evan McKenziehttp://email@example.com:blogger.com,1999:blog-5060417.post-776073891510687412014-11-16T22:13:00.001-06:002014-11-16T22:15:36.458-06:00The Unfinished Suburbs of America - The AtlanticThe Unfinished Suburbs of America - The Atlantic: There are hundreds of zombie subdivisions like this one scattered across the country. They're one of the most visible reminders of the housing boom and bust, planned and paved in the heady days where it seemed that everybody wanted a home in the suburbs, and could afford it, too. But when the economy tanked, many of the developers behind these subdivisions went belly-up, and construction stopped. In some cases, a few people have moved into homes in these half-built subdivisions, requiring services to be delivered there. In others, the land is empty, except for roads, sidewalks, and the few street signs that haven't been stolen yet. In some counties in the West, anywhere from 15 to 33 percent of all subdivision lots are vacant, according to the Sonoran Institute.
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It's going to take a long time for these unfinished Privatopias to recover from the crash of the burbs in the latter half of the previous decade. Fred Pilothttp://email@example.com:blogger.com,1999:blog-5060417.post-7998330942793179792014-11-14T12:23:00.001-06:002014-11-14T12:23:15.542-06:00Local lawmakers work towards HOA legislation - WMBFNews.com, Myrtle Beach/Florence SC, WeatherLocal lawmakers work towards HOA legislation - WMBFNews.com, Myrtle Beach/Florence SC, Weather

Good luck, folks. It's the standard line about disclosure--that's all the help you will get from "law makers," and it isn't worth much. What good is disclosure when (a) nearly all new housing is in HOA or other CIDs so you have no choice, and (b) every single word of "what they are signing up for" is incomprehensible, non-negotiable, boilerplate?

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"HORRY COUNTY, SC (WMBF) - Local law makers are working on a draft bill for HOA legislation. The bill will focus on three trending issues they feel would hold the most significance on the floor while helping the most people. A top concern for some law makers is to make sure people know what they are signing up for when it comes to their HOAs."Evan McKenziehttp://firstname.lastname@example.com:blogger.com,1999:blog-5060417.post-65647225676061317492014-11-13T19:12:00.002-06:002014-11-13T19:12:57.245-06:00Does HUD's privatization scheme mean the end of public housing?http://america.aljazeera.com/opinions/2014/11/public-housing-renovationrentalassistancedemonstration.html

"Launched in 2013, the RAD (Rental Assistance Demonstration) will hand over 60,000 units of public housing to private management by 2015. While that's only a fraction of the nearly 1.2 million public housing units nationwide, RAD's reach could soon expand: HUD Secretary Julián Castro and participating developers are lobbying Congress to lift the cap set during the program's initial phase and allow more conversions to private ownership, and HUD is requesting $10 million toward the expansion of the RAD."
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The ideology of privatization is so entrenched in the neoliberal wing of the Democratic Party that they won't defend anything public anymore. It turns out in practice that these programs end up being disasters in many cases, but by then the profit-takers are in the Bahamas and the rest of us are left to clean up the mess. We'll see how this RAD program works in practice. Evan McKenziehttp://firstname.lastname@example.com:blogger.com,1999:blog-5060417.post-63710755781532577712014-11-13T09:29:00.002-06:002014-11-13T09:29:33.703-06:00Cigarette rage shuts down public meeting over tobacco banhttp://www.boston.com/news/2014/11/12/unruly-crowd-shuts-down-westminster-tobacco-ban-meeting/SpTOwv1ttrcNmcrB7C5RZK/story.html

So this is what freedom is all about for some people: cigarettes. The tiny little town of Westminster, Massachusetts, is considering a ban on the sale of tobacco products. That brought out a host of flag-draped, nicotine-addicted oldsters who were so angry and out of control that the meeting had to be shut down. They were screaming about freedom. Nonsense. It's about public safety. The city is trying to prevent the tobacco industry from hooking yet another generation of their children on the addictive drug that they are peddling inside their cancerous little death-tubes. Smoking kills 480,000 Americans every year. The cost to all of us is enormous. According to the CDC, the cost is:

More than $289 billion a year, including at least $133 billion in direct medical care for adults and more than $156 billion in lost productivity

$5.6 billion a year (2006 data) in lost productivity from exposure to secondhand smoke

http://www.cdc.gov/tobacco/data_statistics/fact_sheets/fast_facts/

While I'm on the topic, I've often wondered why smokers think it is perfectly acceptable to fling cigarette butts all over creation. Why do they think this is anything but littering?

Evan McKenziehttp://email@example.com:blogger.com,1999:blog-5060417.post-79420148527034857332014-11-12T13:45:00.001-06:002014-11-12T13:45:23.795-06:00Domino's founder turning FL town into unconstitutional contraception-free 'Catholic enclave'Domino's founder turning FL town into unconstitutional contraception-free 'Catholic enclave'

I've posted about Ave Maria before. Let's see how this shapes up--do we have another Marsh v. Alabama on our hands?Evan McKenziehttp://firstname.lastname@example.com:blogger.com,1999:blog-5060417.post-30339931565789632812014-11-12T06:08:00.001-06:002014-11-12T06:08:21.557-06:00Ten buildings in San Francisco where the HOA fees are higher than the renthttp://sf.curbed.com/archives/2014/11/11/mapping_10_buildings_with_hoa_fees_higher_than_your_rent.php

"The highest HOA fees at 1001 surpass the $5,000 mark—which is high above the recent citywide median rent of $3,488. The 10th-place HOA fee on our map is $2,838, which is still more than the median rent for a one-bedroom in Bernal."
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After which the article goes on to rationalize and justify the high fees as "boring homeownery stuff" and "high-dollar extras" like doormen, without mentioning management company charges, senseless litigation, and other costs that are more controversial than paying for utilities. It is getting harder to tell the difference between real estate reporters and PR flacks for the housing industry.Evan McKenziehttp://firstname.lastname@example.com:blogger.com,1999:blog-5060417.post-64377273721017325702014-11-11T05:45:00.004-06:002014-11-13T09:06:16.111-06:00Park Ridge residents sued for objecting to condo developmenthttp://www.chicagotribune.com/suburbs/park-ridge-niles/ct-park-ridge-lawsuit-met-20141111-story.html

This is a SLAAP suit (Strategic Lawsuit Against Public Participation) against some neighbors who objected to construction of a condo project. City officials and twenty citizens who attended two public meetings are named as defendants. Got your local democracy right here.Evan McKenziehttp://email@example.com:blogger.com,1999:blog-5060417.post-41294760874216958832014-11-10T18:38:00.002-06:002014-11-10T18:38:52.217-06:00Six month sentence for public sex in retirement "community"http://www.dailymail.co.uk/news/article-2828952/Couple-sentenced-six-months-jail-having-sex-outdoors-Florida-retirement-community-go.html

Six months in jail for having public sex in a retirement "community"? And it's the second time a sentence like this has been imposed for public sex in this place. Are you kidding me? They should get a medal. This place is called "The Villages," but perhaps "Cotton Mather Acres" would be a better name.Evan McKenziehttp://email@example.com:blogger.com,1999:blog-5060417.post-40386454144339347992014-11-10T18:24:00.001-06:002014-11-10T18:24:15.326-06:00Selling fast: public goods, profits, and state legitimacyhttp://bostonreview.net/books-ideas/mike-konczal-profits-state-legitimacy-parrillo-goldstein-balko#.VGDbvdxAADs.twitter

Mike Konczal reviews three books dealing with the failures of privatization and in the process writes a brilliant essay. A taste:

"Through the first half of our country's history, public officials were paid according to the profit motive, and it was only through the failures of that system that a fragile accountability was put into place during the Progressive Era. One of the key sources of this accountability was the establishment of salaries for public officials who previously had been paid on commission. As this professionalized system is dismantled, once-antique notions are becoming relevant again. Consider merit pay schemes whereby teachers are now meant to compete with each other for bonuses. This mirrors the 1770 Maryland assembly's argument that public officials "would not perform their duties with as much diligence when paid a fixed salary as when paid for each particular service." And note that the criminal justice system now profits from forfeiture of property and court fees levied on offenders, recalling Thomas Brackett Reed, the House Republican leader who, in 1887, argued, "In order to bring your criminals against the United States laws to detection" you "need to have the officials stimulated by a similar self-interest to that which excites and supports and sustains the criminal."
Evan McKenziehttp://firstname.lastname@example.com:blogger.com,1999:blog-5060417.post-37903250319131044432014-11-05T22:17:00.001-06:002014-11-05T22:18:19.568-06:00Homeowners association pulls plug on Waterford woman's Volt - WXYZ.comHomeowners association pulls plug on Waterford woman's Volt - WXYZ.com: (WXYZ) - Natalie Forte is eco-friendly and loves her Chevy Volt.

But, her homeowners association doesn't share her enthusiasm.

The resident owns a condo along Elizabeth Lake Road in Waterford and says the homeowners association doesn't have rules against plug-in cars. But the HOA has cut-off power to Forte's garage.

Forte tells Action News starting in June she would charge up her new car in her detached garage. Electricity to the garages are under shared expenses residents pay as part of their monthly HOA fees.

After a few months, the association told Forte the expense was too much and wanted her to pay for the extra electricity.
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Add electric vehicles to the list of issues that generate bad press for Privatopia. Film at 10 on WXYZ, Detroit. Fred Pilothttp://email@example.com:blogger.com,1999:blog-5060417.post-3155092641724241712014-11-05T07:50:00.001-06:002014-11-05T07:50:00.097-06:00Election 2014--my interpretationI look at elections by starting with the structural factors first. Democrats had a difficult set of structural factors to overcome. But they took a bad hand and did worse than expected.

1. Of the 36 Senate seats up for election, 21 were held by Democrats and 15 by Republicans, so the Democrats had more seats to defend and were more exposed to the risk of losing seats.

2. And 7 of those 21 Democratic senators were in states that Romney won just two years ago--what we call red states. Democrats have a hard time winning in those states in the best of times.

3. Moreover, the whole class of senators was elected last in 2008, when Obama was elected, McCain took a drubbing, and the whole Republican brand was in the tank because they wrecked the economy and stuck us in two wars that we had obviously lost. That's why so many Democrats were elected in red states--they had Obama "hope and change" coattails, running nationally against a party in relative disrepute.

That's all changed now. Twenty one Democratic candidates (well, 20 plus one independent) had to run in 2014 with no presidential coattails, with one-third of them in red states. In fact, Obama was widely seen as a drag on the ticket even though he wasn't on it. The public has a short memory and independent voters in particular walk in space a large part of the time, so they don't remember how Bush and his team wrecked the place.

So everybody knew Republicans would win the Senate, just based on structural or fundamental factors. But last night's results were worse than they should have been for Democrats, even given those realities. Why? I see two main reasons:

Money: I think when the FEC and other reports are in, it will turn out that Republicans outspend Democrats substantially. The "dark money" factor--independent spending by non-profits funded by right-wing plutocrats--looks at this point like it heavily favored Republicans. Independent voters, who for the most part just don't understand politics but think they do, are more easily swayed by 30 second ads that focus on candidate image. But we shall see.

Base voters: The Democratic party has lost its connection with the social groups that should be its base. Young people; working and middle class people; black, latino, and asian people; seniors; women. Instead, again and again Democrats, including most especially Obama, have tried to compete with Republicans for the love of the rich and powerful. Banks, insurance companies, manufacturers, big pharma, and on and on. They have benefited consistently. But where was the relief for middle-class homeowners? How about students drowning in college loan debt? Why are we still wasting billions in pointless wars in the Middle East?

But here's the quandary Democrats face: How tdo they get the money they need to compete against the Republicans--who gleefully sell out to the highest bidder--while serving the interests of people who are not in the top 1% or even the top 10%?

The answer, I think, is that they have to take a big leap and transform themselves back into what they were from 1933 until Reagan came along: the party of working people, an economically populist party. And they have, I think, a very short time to do that, because the 2016 election cycle is already underway. Right now we have on offer a battle between the Republican Party and the Republican Lite Party. The result of such a race in 2016 will probably be a Republican president and congress.
Evan McKenziehttp://firstname.lastname@example.com:blogger.com,1999:blog-5060417.post-85952780752490580012014-11-04T18:25:00.000-06:002014-11-04T18:25:49.706-06:00Homeowner associations seen as mini-governmentshttp://www.timesdispatch.com/news/local/henrico/homeowner-associations-seen-as-mini-governments/article_2827ee0d-376b-5fca-bff3-97f6b4b8bcac.html

"When homeowners associations make the news, it's usually for some sort of dispute with a resident: a fight about a mailbox, a garden, a sign or a flag. But the associations are nearly ubiquitous for new residential housing in the Richmond area, embraced by developers as a way to handle long-term care of common amenities and by local officials as "mini-governments" that can help maintain order and property value."
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Nearly ubiquitous, indeed. And not only in the Richmond area.

Evan McKenziehttp://email@example.com:blogger.com,1999:blog-5060417.post-76222184931057418622014-11-04T18:17:00.001-06:002014-11-04T18:17:57.827-06:00Vegas HOA takeover case defense attorney moves for dismissalhttp://www.reviewjournal.com/news/las-vegas/hoa-case-lawyer-moves-dismiss-charging-prosecutor-misconduct

The claim: that the prosecution committed misconduct by not agreeing to keep secret the records of lead defendant Leon Belzer's failed plea negotiations, in which he said things that have made it obvious to anybody who can read how guilty these folks are. Jeff German snarfed the docs during the two days when they were public and went to press in the Las Vegas Review-Journal. Now defendants want to move the trial to the moon to avoid tainted public opinion.

Evan McKenziehttp://firstname.lastname@example.com:blogger.com,1999:blog-5060417.post-62335546052856019182014-11-01T09:00:00.001-05:002014-11-01T09:00:36.512-05:00Lawyers in HOA scheme request trial be moved from Las Vegas | Las Vegas Review-JournalLawyers in HOA scheme request trial be moved from Las Vegas | Las Vegas Review-Journal

See the story immediately below for what has prompted this motion. The Review-Journal just published a bombshell of a story:

"Lawyers for defendants charged in the scheme to take over Las Vegas-area homeowners associations want the high-profile Feb. 23 trial moved out of Las Vegas. In federal court papers filed late Thursday, lawyers for Las Vegas attorney Keith Gregory said he can't get a fair trial because of the mass of ongoing "prejudicial" media coverage of the case, primarily from the Las Vegas Review-Journal."
Evan McKenziehttp://email@example.com:blogger.com,1999:blog-5060417.post-28747106769787105142014-11-01T08:19:00.001-05:002014-11-01T09:18:56.525-05:00Journalistic Bombshell: Target of Las Vegas HOA investigation detailed scheme, bribes in secret documents | Las Vegas Review-JournalTarget of Las Vegas HOA investigation detailed scheme, bribes in secret documents | Las Vegas Review-Journal

Benzer is the alleged "mastermind" of the whole scheme. This report is explosive and Benzer's attorneys went to court to stop the Las Vegas Review-Journal from publishing it. Read it and see how ridiculously easy it is for somebody with money to take over an HOA board.

update: I read the motion Benzer's lawyer filed and this is how the timeline unfolded:

On August 5, one of the co-defendants, Benzer's former attorney Keith Gregory, filed a motion to sever his trial from Benzer's. Then on September 16, Gregory's attorneys filed this previously-secret document in support of the motion, consisting of a report of Benzer's confidential talks with the prosecution in which he explained how the scheme worked. The plea talks fell through, and the statements can't be used against Benzer, but they are very damaging to any defendant. For example, here is how reporter Jeff German relates some statements about Keith Gregory:
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Benzer, 47, admitted he gave his personal lawyer, Keith Gregory, a $10,000 bribe for work on the HOA takeover at the Vistana condominium complex in southwest Las Vegas. Gregory is also under indictment. Benzer recalled paying Gregory from his personal account "as a 'thank you' for 'working with us.' "When questioned as to exactly what he meant by thank you and whether the payment was more accurately described as a bribe payment, Benzer advised that the term bribe was 'your language' and he didn't like to use that term, but that the answer was 'basically yes,' " reads one report.
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Gregory's attorney asked the court to keep the documents under seal and mistakenly also thought that the government would agree to keeping them secret, but instead the US Attorney's office opposed keeping them secret.

So, on September 17, the court unsealed the documents. The next day, Gregory's attorneys made a motion to withdraw the documents, and asked the court to seal them. The court agreed on September 19, and sealed and struck them from the record.

But it was too late, because during the few days when the documents were in the record of the case, Las Vegas Review-Journal reporter Jeff German obtained a copy. German has been all over this story like a blanket.

On October 30, the defense attorneys learned that German was doing a story on the secret documents. They went to court that day and filed a motion (you can read it on the LVRJ story that I linked to--the whole motion is there) asking the court to stop the publication. A "prior restraint" on publication is almost never justified, so I don't think it would have been granted, but in any event it is too late for any court to stop the publication. The story is out and you can read it for yourself.

Evan McKenziehttp://email@example.com:blogger.com,1999:blog-5060417.post-35600820502737908902014-11-01T08:08:00.001-05:002014-11-01T08:08:46.204-05:00Homeless women to stay in Frisco home for now after HOA loses motion | Dallas Morning NewsHomeless women to stay in Frisco home for now after HOA loses motion | Dallas Morning News

"MCKINNEY — A transitional living program for homeless young women will be allowed for now to continue operating in a Frisco neighborhood. District Judge Jill Willis ruled Friday that a Frisco homeowners association failed to meet its burden for temporary injunctive relief. The PR2 Homeowners Association had sought to keep the nonprofit City House from moving more women into its home while a civil case is pending. Two women and one child live there now. The case filed by the HOA against City House continues. No trial date has been set. Chad Robinson, who represents the HOA board for the Plantation Resort 2 community, declined to comment after the ruling. He said he needed to consult with his clients. Robinson argued during Friday's hearing that the HOA's deed restrictions require that homes be used for single-family residential purposes only. He said single-family use means people who are related by blood or by law. Texas courts have also allowed other limited uses, such as nannies or an incidental renter. He argued that City House's transitional living program for up to eight women was not a single-family residential use."

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So this looks like an HOA-flavored NIMBY dispute. The people who want to keep out the "undesirables" have CC&Rs to use as their legal lever.Evan McKenziehttp://email@example.com:blogger.com,1999:blog-5060417.post-32262216733701462582014-10-31T08:48:00.001-05:002014-10-31T08:48:55.769-05:00Myrtle Beach area HOA owners complainhttp://www.myrtlebeachonline.com/2014/10/30/4571043/myrtle-beach-area-hoa-complaints.html
Guess what? There was another public meeting about possible legislation at which people living in HOAs and condos complained about developers and board members making their lives miserable.

If I am reading all this correctly, they can be assured that more legislative tinkering will take place at some point in the near future. That is all.
Evan McKenziehttp://email@example.com:blogger.com,1999:blog-5060417.post-36115365682535855042014-10-30T09:18:00.005-05:002014-10-30T09:18:52.176-05:00 Developer buys scores of Detroit's worst houses in $3.2million 'blight bundle'http://www.dailymail.co.uk/news/article-2813166/The-blight-bundle-6-300-Detroit-s-worst-houses-real-estate-developer-just-bought-3-2million.html

"Anywhere else, a property developer who buys a bundle of foreclosed houses, abandoned factories and disused churches for a mere $500 a piece would be hailed as a genius.
But this is Detroit. And Herb Strather's $3.2million purchase of 6,350 homes is being called foolhardy. To be sure, there are plenty of gems in the city's 'blight bundle.' A 170,00-square-foot factory that's still in good shape, a three-story brick home built in 1915 that most recently sold for $185,000, a lovely Tudor-style house that's ready to move into and a five-bedroom that simply needs a new roof. But city officials tell the Detroit News that 2,000 of the properties are vacant lots. More than 3,000 will need to be torn down immediately...The city put strenuous rules on the buys of the 'blight bundle' requiring the buyer to either demolish and clean up all 6,350 properties within the next six months or offer a development plan. 'Now what we have to do is find out if indeed this group is serious about taking on such a task. And if they're willing to do so, we're willing to listen,' Wayne County Chief Deputy Treasurer David Szymanski told the Huffington Post.
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And at an estimated cost of $10,000 for each demo, the development group could have to pay up to $30 million just to clear the ground--almost ten times their current investment. Is that how things will unfold, or is there a plan to cherry-pick the nicest properties and profit from them piecemeal? The city is looking at major redevelopment, but private investors may well be thinking about making money off the good stuff.

Evan McKenziehttp://email@example.com:blogger.com,1999:blog-5060417.post-17389283071110810262014-10-28T19:17:00.002-05:002014-10-28T19:17:18.822-05:00Marin County HOA nixes solar panels. Because.http://www.mercurynews.com/business/ci_26758081/marin-resident-denied-solar-panels-by-homeowners-association

Same old story. The HOA has virtually unfettered discretion to say no. They did.Evan McKenziehttp://firstname.lastname@example.com:blogger.com,1999:blog-5060417.post-4483312130967973682014-10-27T17:26:00.001-05:002014-10-27T17:29:26.647-05:00Flagpole fight attracts attention of Hancock County prosecutor - 13 WTHR IndianapolisFlagpole fight attracts attention of Hancock County prosecutor - 13 WTHR Indianapolis: HANCOCK COUNTY - There's a new twist in a veteran's fight to keep his flagpole despite threats by his homeowners association. The homeowner says it stands for freedom, but the homeowners association says it violates policy.

The story generated hundreds of comments on WTHR's social media pages. Now it appears the prosecutor in Hancock County could join the front yard feud with a civil lawsuit.

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This is the first known instance of a local prosecutor jumping into an HOA flag flap amid the usual negative media attention and public comment directed at the HOA. According to the report, the prosecutor's office is giving the HOA until November 1st to back down.Fred Pilothttp://email@example.com:blogger.com,1999:blog-5060417.post-21239672792604157522014-10-27T14:05:00.001-05:002014-10-27T14:05:46.721-05:00Worst abuse of adhesion contracts ever?http://www.citylab.com/work/2014/10/mapping-where-jimmy-johns-ex-employees-are-forbidden-to-make-sandwiches/381634/

Jimmy John's makes the kids who slap sandwiches together sign a non-competition agreement that effectively makes them unemployable in the fast food industry for two years after they quit.

Evan McKenziehttp://email@example.com:blogger.com,1999:blog-5060417.post-3464197667957169242014-10-26T10:01:00.001-05:002014-10-26T10:01:38.011-05:00Armored vehicle helps collect civil judgment in small townArmored vehicle helps collect civil judgment in small town

"When officials in the tiny Town of Stettin in Marathon County went to collect a civil judgment from 75-year-old Roger Hoeppner this month, they sent 24 armed officers. And an armored military vehicle."

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The police chief says that while Mr. Hoeppner was not known to be violent, he was "argumentative." That's why the police are not apologetic for this ludicrous show of military force. The old police motto "To Protect and Serve" only makes sense these days if you realize that the police are protecting and serving themselves much of the time.
Evan McKenziehttp://email@example.com:blogger.com,1999:blog-5060417.post-67554466072678942012014-10-23T21:29:00.000-05:002014-10-23T21:29:19.192-05:00Overmyer v. Frick--new theory for HOA rights?http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=405&invol=174

The Democratic candidate for the US House of Representatives from the 11th District in Pennsylvania is a civil rights attorney named Andy Ostrowski.  He has a theory that HOAs violate a principle he sees in the US Supreme Court case of Overmyer v. Frick, which is linked above. The issue in the case involved an Ohio law that allowed people--usually debtors trying to get one more chance from their creditor--to give up all their due process rights and confess judgment in advance, if they defaulted one more time. This was legal under an old doctrine called "cognovit." The Supreme Court ruled that cognovit notes were not unconstitutional, provided that the waivers of due process were adequate. Ostowski thinks that maybe HOAs and condos require inadequate notice and the agreements are unconstitutional. Interesting theory, but I think it is far-fetched. The problem is that the court ultimately ruled in favor of cognovit.

Here is Ostrowski's statement of how he thinks this applies:
https://www.facebook.com/Floridiansact/posts/637732836340842

And here is the court's explanation for upholding the cognovit provision. You be the judge.

"Even if, for present purposes, we assume that the standard for waiver in a corporate-property-right case of this kind is the same standard applicable to waiver in a criminal proceeding, that is, that it be voluntary, knowing, and intelligently made, Brady v. United States, [405 U.S. 174, 186]  397 U.S. 742, 748 (1970); Miranda v. Arizona, 384 U.S., at 444 , or "an intentional relinquishment or abandonment of a known right or privilege," Johnson v. Zerbst, 304 U.S. 458, 464 (1938); Fay v. Noia, 372 U.S., at 439 , and even if, as the Court has said in the civil area, "[w]e do not presume acquiescence in the loss of fundamental rights," Ohio Bell Tel. Co. v. Public Utilities Comm'n, 301 U.S. 292, 307 (1937), that standard was fully satisfied here.

"Overmyer is a corporation. Its corporate structure is complicated. Its activities are widespread. As its counsel in the Ohio post-judgment proceeding stated, it has built many warehouses in many States and has been party to "tens of thousands of contracts with many contractors." This is not a case of unequal bargaining power or overreaching. The Overmyer-Frick agreement, from the start, was not a contract of adhesion. There was no refusal on Frick's part to deal with Overmyer unless Overmyer agreed to a cognovit. The initial contract between the two corporations contained no confession-of-judgment clause. When, later, the first installment note from Overmyer came into being, it, too, contained no provision of that kind. It was only after Frick's work was completed and accepted by Overmyer, and when Overmyer again became delinquent in its payments on the matured claim and asked for further relief, that the second note containing the clause was executed.

"Overmyer does not contend here that it or its counsel was not aware of the significance of the note and of the cognovit provision. Indeed, it could not do so in the light of the facts. Frick had suggested the provision in October 1966, but the first note, readjusting the progress payments, was executed without it. It appeared in the second note delivered by Overmyer's own counsel in return for substantial benefits and consideration to Overmyer. Particularly important, it would seem, was the [405 U.S. 174, 187]  release of Frick's mechanic's liens, but there were, in addition, the monetary relief as to amount, time, and interest rate.

"Overmyer may not have been able to predict with accuracy just how or when Frick would proceed under the confession clause if further default by Overmyer occurred, as it did, but this inability does not in itself militate against effective waiver. See Brady v. United States, 397 U.S., at 757 ; McMann v. Richardson, 397 U.S. 759, 772 -773 (1970).

"We therefore hold that Overmyer, in its execution and delivery to Frick of the second installment note containing the cognovit provision, voluntarily, intelligently, and knowingly waived the rights it otherwise possessed to prejudgment notice and hearing, and that it did so with full awareness of the legal consequences.

Insurance Co. v. Morse, 20 Wall. 445 (1874), affords no comfort to the petitioners. That case concerned the constitutional validity of a state statute that required a foreign insurance company, desiring to qualify in the State, to agree not to remove any suit against it to a federal court. The Court quite naturally struck down the statute, for it thwarted the authority vested by Congress in the federal courts and violated the Privileges and Immunities Clause."
Evan McKenziehttp://email@example.com:blogger.com,1999:blog-5060417.post-20125874246853680522014-10-23T21:07:00.001-05:002014-10-23T21:07:59.863-05:00Delaware ombudsman office getting startedhttp://www.delawareonline.com/story/news/local/2014/10/20/ombudsman-weigh-homeowner-association-disputes/17639817/

This legislation is only a few months old. One more state goes the ombudsman route, giving unit owners someplace to turn other than the courts. It is a necessary reform, but not sufficient to address the unmet needs.Evan McKenziehttp://firstname.lastname@example.com


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Category:Přemyslid dynasty
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The Přemyslids were a Czech royal dynasty which reigned in Bohemia (9th century–1306) and in Poland (1300–1306).
This category has only the following subcategory.
- ► Opavian Přemyslids (21 P)
Pages in category "Přemyslid dynasty"
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subset: commoncrawl


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WILKES-BARRE — He was only 8 years old when the sexual abuse began.
"My (relative) showed me what he wanted me to do. I couldn't understand why he wanted me to do it, but I did it anyway. I made him happy. I remember him telling me not to tell anyone, and I don't know why, but I felt dirty," George Steltz told dozens of onlookers who attended a rally Wednesday in downtown Wilkes-Barre to support victims of sexual abuse and crime.
The Take Back the Night march and rally, organized by the Victims Resource Center in observance of Sexual Abuse Awareness Month and Victims' Rights Week, followed a march around Public Square that ended on the lawn of Kirby Health Center on North Franklin Street.
Steltz, of Hanover Township, said his abuse continued — at the hands of his relative, then by boys in the neighborhood who also told him not to tell anyone, some of them threatening him if he did. "Grown men started using me, too," he said. "I was a good target — quiet and submissive."
In adulthood, the abuse plagued him. By 35, he lost his job, wife, children and house, started drinking and considered suicide, he said. Then a friend pointed him to the Victims Resource Center, where he learned a lot, but "most importantly, that it wasn't my fault," he said.
Now 47 and a math major at Luzerne County Community College, Steltz finally feels in control of his life. He urged those in the crowd, which included many King's College and Wilkes University students, to "not be zebras. Let's stand together, be vigilant and take back the night."
Victims' family members also spoke at the rally.
Donna Kanka, of Monroe Township, N.J., told how her granddaughter, Megan Kanka, was abducted, raped and murdered in 1994 at the hands of a twice-convicted sex offender who lived across the street with two other sex offenders. Neither neighborhood residents nor police knew of their background.
"If we knew, we would have (told) her not to go near those people (and) to be careful," Kanka said.
A campaign started by Megan's family spurred the New Jersey Legislature to pass Megan's Law, which requires the registration of convicted sexual predators. Every other state followed suit.
Susan Hooper described how her brother, Robert Curley, died of thallium poisoning in 1991 at the hands of his wife, Joann Curley, who killed him for his life insurance. Joann Curley was sentenced to 10 to 20 years in prison.
Hooper and hundreds of others wrote to the state parole board every year after Joann Curley became eligible for parole, asking that it be denied — and it has been — but Hooper has long wished to address the parole board in person. "They need to feel the impact crime has had on victims and their families, not just read it on paper," she said.
Hooper thanked state Sen. Lisa Baker, R-Lehman Township, for sponsoring Senate Bill 508, which would permit a crime victim or a member of the victim's family to testify to the parole board. The bill passed the Senate 50-0 and is in the House Judiciary Committee.
Citizens' Voice reporter Mike Sisak described how difficult it was for victims to testify at former Penn State assistant football coach Jerry Sandusky's trial and reiterated why most of the victims didn't report the abuse. Each one thought he was the only victim, said Sisak, who covered the trial last year.
Luzerne County Councilman Harry Haas said that becoming a father to his 1-month-old daughter changed his perspective. "Now I worry about her, and I worry about her potentially becoming a victim someday," he said. "So I salute everybody who has come out tonight to not be a victim (and) also to protect those who can't protect themselves."


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Find records of Emma Achtabowski
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Emma A Achtabowski (1918 - 1995) was born on September 24, 1918. She was born into the Achtabowski family.
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Fugitive lip biter arrested in California
Nov 6, 2014
Jonathan E. Benedict
Oct 30, 2014
Darrell W. Cook
Oct 2, 2014
Michael Polchies
Sep 25, 2014
Home » News » Crime
Portsmouth man gets prison for sex assault of disabled woman
Paul Fierley, 51, was sentenced Thursday in Rockingham County Superior Court on three counts of aggravated felonious sexual assault. (JAMES A. KIMBLE)
Paul Fierley, 51, was repeatedly called a predator at his sentencing hearing in Rockingham County Superior Court for targeting the woman who he knew did not have the mental capacity to give consent for sex.
About a month prior to the assaults, Fierley was convicted of simple assault for kissing another neighbor in the same apartment building, which largely houses elderly residents and adults with disabilities.
Public defender Deanna Campbell questioned how much of an impact the assaults had on her day-to-day life. She argued that Fierley, who she said suffered from depression, anxiety and alcohol issues, should serve a 3 ½ to 7 year prison term.
"One thing that seems clear to this court is that Mr. Fierley would have to be a mushroom living under a rock to think that (she) had a full understanding of what was going to happen to her," Wageling said.
Conway said that the woman could follow routines well, but did not known how to respond to novel situations.
"This is a very tragic case because this family really wanted to give their daughter independence because they realized that someday they are not going to be there," Conway said.
But Wageling added another decade onto the maximum term, so it would ensure that Fierley would be under added supervision once he is released from state prison. He will be required to register as a sex offender for life, and undergo a battery of counseling and education before his release.
- Manchester police investigating after man stabbed in neck - 0
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- Abuse history at Nashua address where 3-year-old died - 4
- Franklin robbery suspect sought, considered armed and dangerous - 0
- Franklin man and woman arraigned for attempted prostitution of minor - 0
- Police investigating death of 3-year-old girl in Nashua - 7
- Police say hit-and-run driver was observed tossing beer cans from car - 1
- Police say woman stole pocketbook at Hudson Market Basket - 0
- Police say former manager of Hudson McDonald's stole $10k from restaurant - 1
Man extradited from Texas on July report of sexual assault on juvenile in NashuaREADER COMMENTS: 0
- PSNH says storm ranks as 4th largest for peak outage - 0
- Henniker police shoot suspect in truck heist - 0
- More than 200,000 New Hampshire customers without power - 1
- Thanksgiving travel a nightmare as storm dumps heavy, wet snow - 3
- Dave D'Onofrio's Patriots Notebook: Pats put selves in strong position - 0
- Manchester Turkey Bowl will go as scheduled - 0
- Red Sox think they got free agent signings right this time - 0
- Turkey Bowls: Passion always on the menu - 0
- Manchester Turkey Bowl: Crusaders aim to rewrite history - 0
Osgood Road closed in Milford, 33% without powerREADER COMMENTS: 0
Person found dead in Manchester alley
On being American: A point for reflection
Your Turn, NH -- Mike Moffett: Republicans can win in 2016 with Kasich at the top of the ticket
NH suffers 4th worst outage on record
- Whom do you think bears the brunt of the blame for the mayhem this weekend in Keene?
- KSC students
- 37%
- KSC administration
- 2%
- Police
- 6%
- Visitors from out of town
- 18%
- A combination of any/all of the above
- 37%
- Total Votes: 2483


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Apparently the Charles Abner & Nancy Kingery and their children were all baptized into the Church of the Latter Day Saints in 1898. However, I have not found any descendants of theirs that continued in that church.
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Oscar Pistorius was found guilty of culpable homicide in the shooting death of Reeva Steenkamp Friday by a South African judge, who was sure to affirm the Olympic sprinter is not guilty of murder.
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He will be sentenced on Oct. 13.
Feature photo courtesy of Gianluigi Guercia / Reuters


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In a trial of pre-exposure prophylaxis among men who have sex with men, syphilis infection was associated with acquisition of HIV.
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I need some help with an itinerary for August, 2008. Our main focus is wildlife viewing. In the Linyanti area, what's best- Selinda,Duma Tau,or something else? Also, how would you compare Xigera vs. Little Vumbura? Last question- would you go to MalaMala or Londolozi and where would you stay?
I'd appreciate any help!
confused about botswana
I need some help with an itinerary for August, 2008. Our main focus is wildlife viewing. In the Linyanti area, what's best- Selinda,Duma Tau,or something else? Also, how would you compare Xigera vs. Little Vumbura? Last question- would you go to MalaMala or Londolozi and where would you stay?
13 Replies | Jump to last reply |
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I liked both Zibalianja in Selinda and Duma Tau in Linyanti. The quality of wildlife viewing was fairly similar. Luck with dogs in Selinda, but very few ele. Many more ele plus lion and leopard in Linyanti. One great cheetah sighting in Selinda, none in Linyanti. But that is really all luck.
I liked the 6-bed camp of Zib and its waterhole with a hide. Selinda Camp in Selinda is bigger fancier than Zib.
In that same general area is Savuti Camp, where I have not been. There is supposed to be a good ele viewing spot from a woodpile. An exterminator I met last August, who goes to every Botswana camp, told me his favorites were Duba Plains and Savuti Camp.
I was at Vumbura last August and was at a mobile delta camp not far from Xigera several years ago. LV would offer more game viewing because the area is not just for water activities. The delta camp I was at, near Xigera, was mostly mekoro and some walking. Lovely, relaxing, some nice photos, but not near the game viewing of Vumbura, which enjoyed daily lion activity including a lion kill of a baby buffalo. Also good kudu shots and one sable bull. Others saw leopard and cheetah. At LV you automatically get a short boat ride over to camp and can do additional water options as well.
I chose Mala Mala for my only Sabi Sands camp for a first visit in late June of this year. I am staying at Main Camp for cost reasons. If you are going alone, you may be able to get the no-single- supplement-room, which I did (through Eyes on Africa) and it further reduced the cost.
Good to be planning so early.
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You would be unlucky not to get good game-viewing at any of the camps in the Linyanti region. Some swear by Savuti because of its woodpile hide; some love Duma Tau; I and others swear by Zibalianja and Selinda (I prefer Zib because it's one of the smallest permanent camps in Botswana); and people like Hari can't get enough of Lebala and Lagoon in the Kwando concession in the general Linyanti region.
Lynn is right when she speaks of luck. She was short of elephants at Selinda, but had good wild dog sightings. So she was unlucky with elephants...but ironically, not lucky with the dogs (it would be more correct to say one is unlucky if dogs are not seen at Zib and Selinda. Ellies, wild dogs and cheetah are three of Selinda's strong points, and I usually have plenty of sightings of all three. I've also had good lion sightings there-- prides exceeding 20 on two safaris, though numbers have been lower in recent years.
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if you want a nice quieter safari go to zib. it is more personal and only 4 tents. it is real classic safari style as well. selinda is more luxurious but larger at the same time. if you are going to be there in the dry season you will see plenty of ele's. duma tau and savuti are great but one thing is that you will share the property with quite a few lodges so the possibility of travelling to more sightings spotted by others and meeting a few more vehicles, but not many. selinda and zib share the same concession and no other vehicles can come onto that concession!
wrt to mala mala and londolozi, they are both so fantastic, but i would say londoz for the 'feel'. if you go there you will see what i mean.
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I normally do not post here anymore but I would like to post this one as it seems a lot of folk are really ignorant about Africa.
You want GAME VIEWING. You will get game viewing wherever you go and please realise that at the end of the day it is the luck of the draw. We don't have fences holding our wildlife to a particular area. You are going in August which is good but at Xigera you will see zip as it is water camp and you will enjoy the beauty of the Okavango on the water. As for Linyanti and Selinda, I certainly cannot put them on display for you as they are wild so once again its the luck of the draw. Mala Mala or Londolozi, well I have to say the same, this is NOT disneyland whereby you choose your activity. This is Africa and we do not control the wildlife but I will go further to say you choose your level of accommodation and we will do our best to give you every possible wildlife sighting.
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Lots of answers but if the confusion persists, just flip a coin. Luck will be with you at some point every day because these are all good locations full of surprises. I'd gladly take an August itinerary of any combo of the places you or others on this thread have mentioned. Well, every place except Disney Land, that is.
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Listen to Lyn. She Knows
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Lyn is a very well traveled person in Africa but NOT a local. Lyn you have had a few .... what evers.... so what.
I leave this post to you.
Happy Easter.
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You are right I am not a local of Africa. But I hope that does not mean I have to go to Disney Land, does it?
I think I would need a few whatevers to handle that place.
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October 2005 We were in the Linyanti area. Kings Pool was wonderful with its Hide at the Watering Hole. The food excellent. Guide,infact the only female guide in 3 camps, great. Rooms amazing amazing amazing.
Jao in the OKDelta and Handa Island, really took our breath away. From my experience and many friends, Singita, any of them, is the way to go in Kruger.
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I'm guessing your guide was Chantel?
I'll throw in my two cents for Kings Pool, but I can always be relied upon to choose the luxury option.
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Jao and Kings Pool are 6-paw camps and therefore more expensive than the properties Altmanj listed in Botswana. I have seen wonderful elephant pictures from the Kings Pool hide. Singita is around twice the cost of Mala Mala or Londolozi, according to e-gnu.com.
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Thanks for your responses! one more question- does anyoneknow a good travel agent that deals with Wlderness and the other better camps? Do any of them discount the rates?
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Nazi War Crime Suspect Dies at 98
VIENNA (AP) — Authorities say a suspected Nazi war criminal sought by Croatia has died at 98 in Austria.
They say Milivoj Asner died Tuesday at a home for the aged in the southern city of Klagenfurt.
Austrian authorities had said Asner, a naturalized Austrian citizen, suffers from dementia and was not healthy enough to be extradited to Croatia for trial on alleged atrocities....
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- Harvard's Steven Shapin Wins History of Science Award
- Middle East Studies Association Fights a Rising Tide of Critics
- Juan Cole says the postwar Middle East governments were modeled on the Soviet Union, though not communist (interview)
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- AHA backs California's LGBT History law


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Brad Pitt Might Face Off With RDJ in Sherlock Holmes Sequel
by Entertainment 12 Reactions 0 Shares Print
Please let this be true! Not only would adding Pitt to the Downey-Law lineup help keep the Holmes franchise afloat, but Downey and Pitt in the same film is pretty much my dream — both guys have that wise-cracking persona, good looks, and it would be so much fun to see them spar.
The downside: Pitt's character Moriarity is supposedly only shown in shadow according to the script, making him impossible to actually see. Not a single shot of Pitt's face? Bummer.
No word yet if Pitt will be affecting a British accent or using his Inglorious Basterds hillbilly.
Source: WireImage
Brad Pitt
Jude Law
Robert Downey Jr
Guy Ritchie
5 years
I feel that noone has the right to judge actors and actresses, by there looks, they are just like u an me, Dory
mediaddict000 5 years
Brad Pitt and RDJ in the same movie? Buy me a ticket!
Nitachequita 5 years
No no no no no no.
Nitachequita 5 years
No no no no no no.
redchick152 5 years
ehh....i want to see the 1st SH, then i'll comment on a sequel.....
kafarine-tin-tin 5 years
I reckon it will be awesome!
kafarine-tin-tin 5 years
I reckon it will be awesome!
mandaleebee 5 years
I personally love Brad Pitt (as an actor! not just the dashing good looks ;) ) and would look forward to seeing him in the film with RDJ.
5 years
^^ I agree. This is a miscast. It will just be Brad Pitt attempting a crappy English accent. I call this a Pity (haha) as I really like RDJ but I don't think I could sit through it. It's bad enough that Jude Law is in it.
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BioShock 2's pair of DLC expansions, the "Protector Trials" and "Minerva's Den," you're in for a disappointing next few minutes. A 2K Games representative recently commented on the game's official forums, explaining that "we will also not be offering Protector Trials and Minerva's Den on the PC in the future," citing "timing and technical issues" as the reason for the expansions' non-appearance.
The representative went on to apologize for "the disappointment this will cause to PC players out there," though we wouldn't worry too much about that, as PC gamers are almost certainly used to it by this point.
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NovoPath Expands APLIS with Athenahealth InterfaceNovoPath has announced the addition of an interface to Athenahealth for its NovoPath Anatomic Pathology Laboratory Information System (APLIS). A provider of cloud-based services and mobile tools for health systems, Athenahealth provides back-office ... Clinical Lab Products, 1 month ago
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Voicebrook to Exhibit at California Society of Pathologists Conference
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GE Healthcare Announces Omnyx(TM) Digital Pathology Collaboration with Caradigm
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Noam Lanir and Pini Zahavi team on sports app [Globes, Tel Aviv, Israel]
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Find records of Iluminada Amut
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Iluminada Amut (1903 - 1982) was born on May 18, 1903. She was born into the Amut family.
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Each of our well-appointed Cleveland airport hotel guest rooms feature the Sheraton Sweet Sleeper™ beds, in-room coffee makers, Shine by Bliss toiletries and flat-panel televisions. Stay connected while on the road with the Link @ Sheraton™ experienced by Microsoft®; or enjoy the Sheraton Fitness Center™ by Core Performance. And be sure to enjoy the delicious entrees served up daily at Hemisphere's, our full-service restaurant and lounge.
Cleveland Airport Hotel Meetings
Sheraton Cleveland Airport Hotel is ideally situated for business meetings. With over 16,000 square feet of Wi-Fi covered hospitality suites, boardrooms, an elegant ballroom and 12 meeting rooms, we have the facilities and space you need to make your Cleveland meeting a successful event.


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The CP 800/Ti is a high performance compression driver capable of high acoustic output over a wide frequency range. It features an integral pure titanium dome and surround, a precision lightweight voice coil made from flat aluminium wire, wound on high temperature polymide former and a massive, powerful magnet structure, providing high energy and the ability to handle extremely high power levels over extended periods of time.
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Latest Published
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Category Archives: laws
Los Angeles Hit and Run Attorney
If you have been involved in an accident and fled the scene, you may be arrested and charged with hit and run. If this is you, then you should immediately consult with experienced hit and run lawyer Matthew J. Ruff. … Read More
Posted in laws, Special Tagged Attorney, Hit, Los Angeles 3 Comments
LAX Airport Arrest Attorney
If you have been arrested at the LAX Airport or any other airport in Los Angeles County, you should contact attorney Matthew J. Ruff. Mr. Ruff has been defending ordinary, good people accused of various criminal offenses inside local airports. … Read More
Posted in laws, Special Tagged Airport Court, DUI, LAX, Los Angeles 1 Comment
Glendale Criminal Court Attorney
If you or a loved one has been arrested by the Glendale Police Department or by a nearby police agency, call our offices now for a free consultation. Our Glendale Criminal Defense Team are very familiar with the Glendale Superior Court and can help you today.
We handle all felonies and misdemeanors out of the Glendale Court including shop lift cases, grand theft matters, DUI, Drug Possession and Sales, Car jacking, Robbery, Sex Crimes, Solicitation of Prostitution, Sexual Battery, Indecent Exposure, Three Strikes and Murder cases. Call these local Glendale Criminal Court house lawyers today. We have helped many of our clients with jail alternatives. We pride our selves by giving personalized attention to each and every client. We promptly return all phone calls and immediately visit clients in custody.
We handle all felonies and misdemeanors ranging from DUI, Domestic Violence, Drug Sales and theft cases to robbery kidnapping and Murder cases.
We have successfully prevented clients from receiving life in prison on the very serious felony cases that involve Murder, Attempted Murder, Kidnapping, and three Strikes cases. Read More
Posted in laws Tagged Attorney, borno seks, Court, Criminal, Glendale, Law, sex borno 3 Comments
Los Angeles Criminal Appeals Attorney
If you or a loved one needs to file a criminal appeal, or a writ of habeus corpus, consider retaining someone who knows the ropes. These Los Angeles Appellate Attorneys will go thru your trial transcripts with a fine tooth comb and will look for legal errors such as
- the Judge excluding important defense evidence,
- the Judge gave incorrect instructions to the jury,
- Sentencing errors,
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- Abuse of Discretion by the Judge, as wells as mistakes made by either the prosecutor or defense lawyer.
Did you have a lawyer that was ineffective? Did the prosecutor exclude jurors for any improper reason such as race or gender? Did the prosecutor withheld exculpatory evidence? You have 60 calendar days to file a notice of appeal so time is of the essence. Call our office today for a free consultation at 1-866- 548-2529. Read More
Posted in laws Tagged Attorney, Criminal, Law 6 Comments
Los Angeles DUI Attorney
Driving under influence of alcohol sometime can not be denied if you have a "great" party, therefore you should aware about it. Do not to drive if you drunk. If you need to go home, call a taxi or someone … Read More
Los Angeles Criminal Lawyer
I lived in Indonesia, but I like to explore the United state laws articles. I've got several information about Van Nuys DUI legal penalties while you're under Influences. In Indonesia, the police won't busted people in drug treatment that cause … Read More
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November 24, 2014
Here is a sample of how Winterfest lights have changed over the years. (Source: Kyle Grainger, WVLT)
SEVIERVILLE, Tenn. (WVLT) -- Anyone with memorabilia from Winterfest the past 25 years is asked to contact the King Family Library in Sevieriville.
As part of the 25th anniversary of the Winterfest this year the library wants to put together a timeline of photographs or other items.
Photos from the Winterfest celebrations – displays, musical and dance performances, other events, etc. - in Sevierville will be scanned and immediately returned to the owner of the photo.
For more information about contributing to the collection of the 25th Anniversary of Winterfest, contact the SCPLS King Family Library, 408 High Street, in Sevierville or call 865.453.3532.
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text: POPSUGAR POPSUGAR Celebrity Celebrities and Their Babies Over the Weekend Celebabies and Their Parents by babysugar 3/31/08 2 Reactions Shares Print Previous Photo 1 of 32 View on One Page ADVERTISEMENT ( more slides) Next 1 Celebabies and Their Parents Get the scoop with our daily newsletter Enjoy the latest news on the celebs you love. Movies Young Hollywood A Listers TV Subscribe using Facebook treble8705 6 years hey Will Smith's son is named Jaden and his daughter is Willow Link Love Angelina Jolie may become a politician — Us Weekly Jennifer Lawrence is a big Lisa Vanderpump fan — ET Cate Blanchett is proud of Emma Watson — Huffington Post Is Rihanna working on music with Jay Z? — OK! Here's how Teresa Giudice is spending Thanksgiving — People What's going on with Game of Thrones? — Hollywood Reporter Guess the singer dissing her ex in a new song — TooFab Is Benedict Cumberbatch's latest worth seeing? — Rotten Tomatoes David Beckham shows off his scruffy side — Wonderwall The Lego Movie 2 will feature more women — Moviepilot Latest Celebrity & News


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We all know that it is easier to learn a new language or musical instrument as a child rather than in adulthood. At no other time in life does the surrounding environment so potently shape brain function – from basic motor skills and sensation to higher cognitive processes like language – than it does during childhood. This experience-dependent process occurs at distinct time windows called "critical periods", which are times of great opportunity but also of great vulnerability for the developing brain. Early disruption of proper sensory or social experiences will result in mis-wired circuits that will respond sub-optimally to normal experiences in the future. Comparable effects are also seen for the development of vision, where if a child's binocular vision is compromised and not corrected before the age of eight, amblyopia ('lazy eye') is permanent and irreversible.
Category Archives: Research
Study Finds Marijuana Can Be Harmful to Youngsters
A growing body of evidence suggests that the use of marijuana, or cannabis, can negatively impact the developing brains of approximately one in four adolescents, according to researchers at Icahn School of Medicine at Mount Sinai, and the University of Montreal.
The study, published in the August 16, 2013, issue of Neuropharmacology, highlights that the younger the user of cannabis, the more susceptible he or she is to delinquency, lower educational attainment, difficulty in conforming to an adult role, and mental health issues.
Advancing Research into Liver Injury
Every year, more than 1 million Americans develop liver damage caused by prescription and over-the-counter drugs, and dietary and herbal supplements. The condition, known as drug-induced liver injury (DILI), can result in severe liver disease that requires transplantation. There are no tests to predict who is at risk, or to help physicians make an early diagnosis, which would prevent progressive liver damage.
Thinking Microglia
For most of us the word brain is synonymous with nerve cells or neurons. All of us are well familiar with the notion of the brain as a mega-computer where billions of neurons govern our life, from simplest tasks to the rare moments of discoveries. It may appear surprising to hear that the function of brain and neurons would not be possible without cells that do not participate in our thinking directly. Instead, these cells, that are called microglia, function as watchdogs of neuron's functionality and health and remove neurons that stop acting properly.
"Music is Medicine" Visits the Mount Sinai Kravis Children's Hospital
Music is Medicine is a nonprofit run by a team of college students that pairs artists with pediatric patients through uplifting music programs. Through Music is Medicine's Donate a Song project, artists write and record original songs for seriously-ill children to inspire the patients, share their stories of strength, and contribute to the greater fight against their diseases.
This past summer, Cindy, a 16 year-old girl battling cancer at the Mount Sinai Kravis Children's Hospital, met artists Sam Tsui and Elle Winter. The artists then went on to produce an original song called "Unsinkable" for Cindy. In the chorus Sam and Elle sing, "My heart's unsinkable. Never doubt that things will get better. Can you feel the love? I'm never giving up." Through the song, Sam and Elle motivate Cindy and people everywhere to never give up. At the same time, all proceeds for the song will benefit pediatric oncology research at Mount Sinai.
That Other Type of Stem Cell Research
What is the future of stem cell research? Embryonic cells were once so controversial that President George W. Bush limited federal funding in 2001 (a policy that was overturned by President Obama in 2009). Now there is a new type of stem cell, similar to embryonic stem cells, called induced pluripotent stem cells. We've all heard the claims concerning the extraordinary potential of stem cells (be they embryonic or induced) in the treatment of human disease. What will be the first commonly used stem cell therapy?
Early Detection of Ovarian Cancer
Ovarian cancer is a heterogeneous and rapidly progressive disease of low prevalence and poor survival. In the United States the number of deaths attributed to ovarian cancer approximates that of all other gynecologic malignancies combined. Unfortunately, the majority (75%) of women diagnosed with ovarian carcinoma continue to have advanced stage disease (Stage III/ IV), with widespread metastases throughout the peritoneal cavity, lymph nodes, liver or lungs. Presently less than 20% of women with ovarian cancers are detected when the cancer is still confined to the ovary (Stage I).
Mount Sinai Neurosurgeon Uses New Device to Treat Brain Tumors
Glioblastoma (GBM) is the most common and most aggressive brain tumor, known to be a highly invasive and rapidly spreading disease. Even with aggressive treatment such as surgery, radiation, and chemotherapy, they are almost always incurable.
The Mount Sinai Comprehensive Brain Tumor Program is pioneering the use of electrical tumor treating fields to be used with conventional therapy. The device, manufactured by Novocure, is called NovoTTF and it is FDA approved for recurrent GBM. It consists of a head cap that produces changes in electrical fields, which is worn continuously.
Cancer Clinical Trials Video Now Online
Today's standard therapies for cancer exist because people have participated in clinical trials – yet choosing to participate in a cancer clinical trial is an important personal decision that can be intimidating for many patients. In order to better help patients understand cancer clinical trials, the reasons to participate in them, and clinical research at Mount Sinai, The Tisch Cancer Institute has released a new video, "Clinical Trials at Mount Sinai: Moving the Field Forward."
GUT-BRAIN connection: Exploring the role of Microbiome in Multiple Sclerosis
Multiple Sclerosis is an inflammatory demyelinating disorder of the Central Nervous System of debated etiology. While there is general consensus regarding the role of an active immune system in myelin destruction, the questions related to the initial events triggering immune system involvement remain unanswered and the identity of disease course modifiers is only partially understood. Epidemiological studies have suggested the possibility that disease onset and course are the result of an interaction between genetic susceptibility and environmental factors, though much remains to be learned about the identity of the environmental factors and whether they can be modified. Among the proposed variables affecting MS are geographic location, smoking, vitamin D levels and the much debated diet and infections.


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Iron Giant Collectible
Jordan comes across a rare Iron Giant toy while hunting in Pittsburgh, PA.
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Jordan heads over the border on the hunt for high-priced Mexican versions of American toys. He's looking to stock his inventory and also to pick up toys for "Chelsea Lately's" Chuy Bravo.
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For someone whose acting career was at a virtual standstill for about a decade, Patrick Dempsey may hold the bragging rights to having arguably one of the greatest career comeback stories of his time. Famous for starring in the '80s romantic-comedy hits Can't Buy Me Love, Some Girls, Loverboy, and Happy Together, Dempsey found it difficult to move forward from his pigeonholed teenage characters to more mature roles during the '90s. It was only after his appearance opposite Reese Witherspoon in Sweet Home Alabama (2002) that his fading career was jolted back into life. In 2005, Patrick once again achieved Hollywood heartthrob status as he portrayed the role of Dr. Derek "McDreamy" Shepherd in the popular medical drama, Grey's Anatomy.
Patrick, who as a child had his difficulties in school, made up for his academic deficiency by focusing his efforts and energy towards other endeavors. As a teen, he engaged and excelled in skiing, unicycle riding, and juggling, the activity which he considers gave him purpose and led him towards the performing arts. During the early 1980s, Dempsey went to New York to enter a talent competition and eventually found himself an agent. His first professional acting job was playing David in the San Francisco production of Torch Song Trilogy. Skipping acting school altogether, he continued with stage acting and toured playing Eugene Jerome in Neil Simon's Brighton Beach Memoirs. In 1985, Patrick first appeared on the big screen with Heaven Help Us followed by a slew of "rom-com" flicks in the late 80s and a starring role as Mike Damone on Cameron Crowe's high school comedy Fast Times.
In the 1990s, apart from the film With Honors (1994), where he starred alongside Joe Pesci, Brendan Fraser, and Moira Kelly as the eccentric yet charming playboy Everett Calloway, Patrick never made a significant stride in his movie career. After a long list of unremarkable made-for-TV movie credits, Dempsey decided to return to Maine, where he bought and restored a farm. In 2000, the resurrection of his career began to take form as he was cast as Sela Ward's schizophrenic brother in the ABC family drama Once and Again, which earned him an Emmy nomination in 2001.
He also made multiple appearances on Will & Grace (2001) as a gay customer in the clothing outlet where Jack McFarland worked, and on The Practice (2004) as "wolf-in-sheep's-clothing" doctor on trial for malpractice. The medical coat seemed to suit Dempsey well as his acting career was fully resuscitated on the Fall of 2005 when he landed the role of a lifetime as the brilliant and charismatic Seattle Grace neurosurgeon, Derek Shepherd, on the award-winning series, Grey's Anatomy, where his romantic onscreen relationship with Meredith Grey (played by Ellen Pompeo) has drawn phenomenal fan support and fame.… Expand
Patrick Dempsey's Scores
- Movies
|Average career score:
|Highest Metascore:
|Lowest Metascore:
|Valentine's Day
Positive: 2 out of 8
Mixed: 3 out of 8
Negative: 3 out of 8
- By date
- By user score
|User score:
|Aug 19, 2011
|Producer / Tripp
|Transformers: Dark of the Moon
|Jun 29, 2011
|Valentine's Day
|Feb 12, 2010
|Dr. Harrison Copeland
|Made of Honor
|May 2, 2008
|Thomas 'Tom' Bailey / Tom Bailey
|Nov 21, 2007
|Robert Philip
|Freedom Writers
|Jan 5, 2007
|Scott Casey
|Sweet Home Alabama
|Sep 27, 2002
|Andrew Hennings
|Scream 3
|Feb 4, 2000
|Detective Mark Kincaid
- 0:46
- (8626 views)
- 2:27
- (5645 views)