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Patient fx hip after family refused alarm - page 9
Ok, the family for a short term rehab patient did not place an alarm due to family's refusal (this happened on a wed). He fell a day & a half later, breaking his hip and nose. The NH is coming down hard on the admission nurse... Read More
- 1Oct 25, '12 by jrwest^ yep, as we get to enjoy their right to sue us
- 1Oct 26, '12 by MaremmaWell geeze! In our facility they have removed all bed and chair alarms. We are not allowed to have them! How do you like that? They said there are complaints (not sure from who, state maybe?) that they are being used as "babysitters" to negate our responsibility to keep them from falling!
Yes then on top of that they decided to cut our staffing even further so we cannot have a staff member watching all our fall risks in an activity room while we scramble to do even more work from the staff cuts they said we no longer needed. It has definitely been a nightmare for us. These people are demanding to be put in bed but we can't put them there because they then try to get up by themselves and wind up on the floor. Our halls are lined up with all the "fall risk patients" 24-7.
We are flirting with disaster. Pressure sores on all these people are going to be piling up around us. Pretty hard to change their positions at least every two hours when they are stuck in chairs all the time. Of course any legitimate concern that could in any way cost this multi billion dollar corp money is just ignored and brushed under the carpet.
My facility made us believe the removal of the alarms was a universal thing that some government entity was forcing on us. EVERYONE had to remove them. I should have known better! It must REALLY be the cost of the alarms and replacement of batteries etc why we can't have them anymore.
- 3Oct 28, '12 by EmilyinscHello all, I have been out of work for 1 month since this incident. Apparently, alot has been happening on nightshift at the LTC/nursing home.
Apparently the night after this guy broke his hip, they had two more falls, one requiring tx in the ED.
the a day and 1/2 after that a woman on the same hall broke her femur from a fall.
and most recently, someone fell (on the same hall/nightshift) and broke their pelvis.
So in summary, all these falls are happening on night shift, bed alarm or not, and sustaining fx's.
Maybe it was a blessing in disguise that I got fired. Now they'll have to find another scapegoat!
- 0Dec 31, '12 by Nismo, BSNI am figuring that the patient was confused and unable to make own choices. Family refused - alarm is a treatment. But is interupting with patient safety. You CAN put the alarm on even though the family refuses. Who is responsible, the hospital and the nurse. There is no reprecussions on the family. Any time the family is obstructing patient safety, I am sorry but I ask them to leave if they continue putting the patient in harms way. Its your as* and the patients health on the line.
- 0Dec 31, '12 by sharpeimom Guide[QUOTE=tyvin;6974244]Why did the patient have a POA if they were so rightfully A&0x3?.QUOTE]
Because you need to get a POA when you're still A&Ox3 because once the great decline begins, you're aren't considered competent enough to give the consent
required to set one up. There are different kinds of POAs, including various medical POAs.
Short OT here... There is also something called an AIF or Attorney In Fact which is largely archaic today, but can be very useful under certain circumstances. My husband and cousin have joint medical POA for me and my husband has an AIF for me. It allows him to sign documents for me by signing: my name/his name/AIF.
Penmanship is nearly impossible for me now. I can sometimes manage a single signature, but no more. The AIF does not give him the same broad legal rights he would have with even a limited POA. Not because I don't trust him implicitly, because I do, but rather because I can still make financial decisions for myself.
What able bodied persons need to remember is that those of us who are impaired physically (and occasionally cognitively) are still pretty much who we always were
before and need to be treated as such. If I become mentally incapable of understanding the inherent risk to being unalarmed (I just made that a word!)
then, new rules go ino effect.
- 1Mar 9, '13 by J.R.theR.N2bhow restraining is a bed alarm? i consider myself to be the pickiest, anxious, most restless patient a poor nurse could ever have to endure. i am very severely claustrophobic and, as a result, am unable to tolerate restraint of any type. i cannot even lie still and toss and turn continually all night during sleep. i have been evaluated by professionals both for sleep apnea and for claustrophobia. the sleep test was continually interrupted by the therapist entering the room, imploring me to please keep the oxygen mask on, and was finally terminated because i was unable to comply. i was under the care of a psychologist while being treated for my claustrophobia, and he recommended a therapy he termed as "flooding", which came to an abrupt end, after i suffered such terrible anxiety attacks that even scared the psychologist, who stated he had never encountered claustrophobia as severe as mine. this is why i asked my original question. on research done on the internet it appears that all a bed alarm does is to sound an alarm alerting staff that patient is rising up in bed. if the patient is not restrained in any way, i fail to see why he nor his family would object.
- 1Mar 9, '13 by maelstrom143there should be a legal document to sign where if the patient and/or family responsible refuse safety protocols they relinquish their rights to sue if the patient should fall &/or injure himself/herself due to their choices. It is called taking responsibility for your actions and decisions. Used to be a very popular concept in the old days...jmho. Seems like our society prefers to blame everyone else except the ones really at fault for catastrophic failure.
- 0Mar 9, '13 by sharpeimom GuideI wish there were such a document for those of us to sign. I would willingly sign one and I'm equally sure that my mom's 93 year-old twin sister would sign one too. My mother was also very independent and as long as she remained in control of her care until her last
Some of us are reared to be most independent women (people) and giving up ANY control is almost impossible. I think if the subject of safety matters were broached with the patient's dignity in mind, we might be more receptive -- maybe. Good luck to the poor unfortunate who approaches any of my older relatives (especially the female ones) who are still competent despite their advancing years and frail bodies, and treats them as turnips or as though they were already senile.
That's MY family.
My husband's family tends to regard women as lesser citizens simply because they happen to have been born female. The elderly men are treated with the same respect as always. My poor mother-in-law, a bright and delightful woman, was treated as though she didn't have two brain cells close enough t make contact. I hope that will change as the generations change.
His family.
To sum up: I feel strongly that the wishes of the elderly (if A&O and understand the possible consequences of a fall) should be carried out and the member holding the MPOA required to sign a release of negligence and responsibility form, so they understand that they may not sue should an adverse event happen. If the patient is confused or even borderline confused, the above would not be in place.
- 0Mar 9, '13 by J.R.theR.N2bi am also from the old school and believing in assuming resposibilities for my actions. it is easy to determine from my post there are specific things i cannot tolerate, with any type of restraint heading the list, and i expect any and all medical staff to accept and honor my request. but, at the same time, i cannot and will not hold staff responsible for whatever bad outcome may result from these choices.
- 0Mar 9, '13 by PoochiewoochieSince my Mother recently passed away from complications from a hip fracture that happened at the nursing home she was in I have to say something about this.
When she was admitted almost 3 years ago she was identified as a high fall risk and even though she was able to walk they put an alarm on her chair. When she moved or got up the alarm went off and the people at the nursing all but made her stay in her seat when she was awake. All that did was make my Mom mad so my Dad eventually told them to remove it. That was when the falls started and eventually she fell and broke her hip in December and a month later she fell again and broke her femur. That time she was alarmed. She passed away 2 weeks ago and according to the coroner it was due to complications from the hip fracture.
Seeing as she was alarmed when she fell the second time I don't believe one would have helped the previous times. All alarms do is make it easier for the NH personal. I've seen them "force" residents to stay seated which IMO is a form of imprisonment which is illegal.
Oh, and for the record, the NH did a great job with taking care of my Mom. In my heart I know they gave us extra years with her because the way she was going before we placed her she would have been dead in a short time. She was controlling and refused basic care from me-she needed to be in a controlled environment and for the most part the nurses in the NH were wonderful with her.Last edit by Poochiewoochie on Mar 9, '13


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Former National Security Agency officer, Wayne Madsen, says police concluded that the death of Philip Marshal, a 9/11 investigator, was suicide before the investigation had been completed and subsequently allowed professional cleaning crews to sweep the crime scene.
"The local sheriff's department quickly concluded that Phil Marshal's shot his two children and his dog and then himself , however the investigation had not been fully completed when they made that determination," Madsen, who has conducted on-site investigation into the incident, told the U.S. Desk on Wednesday.
"And then the sheriff allowed the crime scene to be cleaned by professional cleaning personnel," he added.
Earlier in February it was reported that Philip Marshall, former airline pilot and author of "The Big Bamboozle: 9/11 and the War on Terror", had been found dead inside his home alongside his two teenage children and the family dog. All had sustained gunshot wounds.
Authorities claim it was "murder suicide", but while writing the book, Marshall believed that his life was in danger because of the allegations he was making in the book.
"There has been a real problem in lost evidence, lost clues and right now there is a demand for either the Attorney General of the state of California, Kamala Harris, to launch her own investigation of Marshall's death, or the U.S. Attorney General Eric Holder ordering the FBI to conduct an independent investigation," Madsen said.
In an interview about the case, Dr. Kevin Barrett, a Ph.D. Arabist-Islamologist and one of America's best-known critics of the "War on Terror" also expressed concern that the U.S. government might have been involved in Marshal's death.
"It's clear that they [local police] are reading from a script that's been forced on them by higher authority in the so-called national security community which, as I said, is mixed in with organized crime and the Israeli power centers," said Barret on February 20.
"It seems that Philip Marshall had gotten his hands on some kind of explosive information as he [Madsen] put it. And, he was planning to publish this in his next book," Barret said.
In a written statement last year, Marshall said, "Think about this, the official version about some ghost (Osama bin Laden) in some cave on the other side of the world defeating our entire military establishment on U.S. soil is absolutely preposterous."
Marshall went on to say: "The true reason the [9/11] attack was successful is because of an inside military stand-down and a coordinated training operation that prepared the hijackers to fly heavy commercial airliners. We have dozens of FBI documents to prove that this flight training was conducted California, Florida and Arizona in the 18 months leading up to the attack."

subset: commoncrawl


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The US congresswoman who was shot in the head has been removed from a ventilator and is breathing on her own through a tube inserted into her windpipe, the University Medical Center in Tucson, Arizona, has announced.
Democratic congresswoman Gabrielle Giffords, who survived despite being shot through the head from point-blank range a week ago, remains in critical condition.
"A surgical procedure (tracheotomy) was performed this morning on the congresswoman to replace the breathing tube that ran down her throat with a tracheotomy tube in her windpipe, protecting her airway and freeing her from the ventilator," the hospital said in a statement posted on its website on Saturday.
"Her recovery continues as planned," it said. Surgeons also inserted a feeding tube.
Giffords, 40, opened her eyes for the first time minutes after Barack Obama, the US president, visited her Wednesday.
Six people died, including a federal judge and a nine-year-old girl, and 14 were wounded in the burst of violence a week ago outside a Tucson supermarket, where Giffords was holding a public event with her constituents.
The alleged attacker, Jared Loughner, a 22-year-old local resident, is in custody.
Christina Taylor Green, the youngest victim of the Tucson shootings, was laid to rest on Thursday, a day after Obama, hailed the 9-year-old as an inspiration to US politicians to heal their poisonous divisions.
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HOUSTON -- ValvTechnologies has added bidirectional flow capabilities to its existing V1 valve product line, announced President Kevin Hunt. This is the first backpressure-resistant, metal-seated ball valve on the market.
The new V1 valve line feature prevents the load spring from collapsing, providing tight shutoff or zero leakage in the preferred direction after a reverse flow condition. Most power plant ball valves are unidirectional which makes the valves vulnerable to failure when they are exposed to back pressure. The bidirectional flow capabilities protect against damage to the internal components and load spring when the valve is exposed to back pressure.
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Welcome to WEEK 4 of #ChingonaFest Fridays on Aspiring Mama. Technically, it's week 5 because I missed last Friday due to the NYC craziness for Rick Najera's #AlmostWhite book launch, but let's not dawdle on the Me Dropping the Momentum Thing, shall we? I'll be talking about all of THAT craziness on Monday. For now, let's get back on the Spanglish Bitchfest Wagon.
If you're new to the blog, here's the link to the my Latina Dimelo column that sparked the conversation that's still going strong. The premise is this: I want to raise my daughter to be a Chingona — on purpose, Las Tias and cultural backlash be damned. If you like the column, I'd love for you to share with your social media circles, leave a comment on the link, or whip up a happy lil' Letter to the Editor telling them how you feel and send it off to email@example.com. You may not think that kind of thing makes a difference, but trust me when I tell you that it does.
Have you checked out my past #ChingonaFest ladies? Lori Luna and Veronica Arreola were two of the most recently featured wonder women. Each week, I'm featuring one fabulous Latina who's moving mountains and raising hell because their stories are worth telling. Twenty questions will be presented to each and 15 will be answered and presented here to you in a Q&A format, like the fancy features in magazines, only with more typos and less airbrushing.
This week's Chingona is Helen Troncoso, doctor and title-holding beauty queen with her heels firmly dug into the feminist camp. Helen has been featured pretty much everywhere (including Latina Magazine as a Top Ten Health & Fitness Blogger) Her most recent endeavor is as co-host of a new show,"El Bien Estar del Hogar con Casa Latina", on V-me TV, the first national Spanish-language network to partner with American public television, and the fourth largest Spanish network in the United States. This show will follow Helen as she will work with women to transform their health and lives. Catch up with Helen on Twitter, Instagram, Facebook, and check out her site for some healthy motivation.
And now! Time for the interview!
Pauline Campos: Chocolate or vanilla?
Helen Troncoso: I'm not a big ice cream fan, but when I indulge I'd rather go for something more fun like butter pecan.
PC: Okay then… *pushes The Box Helen Doesn't Like to Be Put In to the side*. Let's try this one…What's your favorite quote?
HT: "You are never too old to set another goal or to dream a new dream" by C.S. Lewis. I found that many times we as women tend to get caught up in other people's dreams and forget about the ones we made, for the good of the family or the relationship. In my case, I totally reinvented my life and health just 4 short years ago. To make a long story short, I left an abusive relationship, broken engagement and had to move to a new state and start all over. I was scared sh**less, and yes there were lots of times when I didn't want to get out of bed, but I did it.
PC: Starting over can be a huge pain in the ass. Go You for making it happen. Do you consider yourself a feminist?
HT: Feminism is defined as, "the belief that men and women should have equal rights and opportunities." I know some may not consider a woman who has done beauty contests a "feminist" but I do! Beyond equal rights, I believe a woman should have the right to choose what's right for her life. Feminism is not a, "zero sum game" as Nancy Redd once said. It's not about having to look or act a certain way so that other people can feel comfortable labeling you. We have certainly made strides as women in many different fields, but, it's no surprise that we still have leaps and bounds to go. Whenever I talk to young women, I always tell them to support their fellow sisters. We have so many other people coming down on us, that we need to stop the attacks and division amongst us. How are we supposed to tell women "si se puede" when our own words and actions don't reflect that.
PC: Yes, people will bitch because that's what people like to do. I, for one, am all for going against the grain. Feminist Beauty Queen? Why not? Now, describe yourself in third person.
HT: Helen is probably the most determined and hard-working person you will ever meet. She's also one of the most sensitive women ever. She's a dreamer and a doer who completely reinvented herself and is fearlessly living the life she always imagined.
PC: You said "probably". I say "Definitely". Who inspires you?
HT: All of those women who fearlessly continue to go after their dreams, no matter how many times they may have failed, or how crazy their ideas may seem.
PC: I'm a fucking mess, which — if you connect the dots inside my head — means I inspire you. This is where you lie to me if I'm wrong. Everybody else does. So, who is it you hope to inspire?
HT: Any woman who feels like she may have gotten off track and wonders if her dreams can really come true. Women who can't recognize who's staring back at them in the mirror. I'm there to tell them sometimes God's rejection is blessed redirection.
PC: Redirection is a good thing. Do you dream in color or black and white?
HT: I don't dream often, but occasionally I do dream like what can best be described as a black and white film.
PC: I like black & white. Let's play word association. I say CHINGONA and you say…
HT: Pa'que tu lo sepas!
PC: Orale, mujer! How do you feel about Latinas and how we are represented in the media?
HT:I don't think we're represented correctly, but I think that applies to all women. I don't thinker should bash Sofia Vergara (who is actually an amazing business woman) or think to be successful you have to be just like Sonia Sotomayor. We have enough labels and boxes people (our families) put us in, that we need to stop doing it to one another as women. If we want how we're represented in the media to change, then we need to do more than get mad for a few moments and then forget about it.
PC: You're damned right about that. One childhood memory that has stuck with you…
HT: My dad is truly my best friend, and I don't ever take for granted our relationship. I grew up knowing that I was loved, and that I could do anything, and he would always be there right by my side.
PC: I love hearing that. Do you think in English, Spanish, or Spanglish?
HT: All of the above. English is definitely my dominant language, but I'm finding myself speaking Spanish more so nowadays. It's all good! If I'm tired or you're a good friend and you won't judge me, you'll probably hear my crazy Spanglish.
PC: Is there any other kind of Spanglish? Exactly. Now, what's your favorite dish? Why?
HT: Pollo guisado. To this day there is not one restaurant, or another person that can make it as good as my mom! It's the ultimate comfort food.
PC: *Sigh* I miss my mom's homemade flour tortillas. Do you feel "Latina enough"?
HT: I think I've come full circle. I grew up in Long Island, and went to high school where I could count on one hand the number of Latinas. My "Latino" experience was limited to my family members. It wasn't until years later that I began to understand how amazing being a Latina was! It's not about speaking Spanish (although that's important to me), nor is it the color of our skin. It is about our culture and traditions and the intangible things that make us Latinas.
PC: *Nods head* One Latina stereotype you despise?
HT: That we have tons of children out of wedlock. Hello! No kids, and if that's how the Universe wants it, not having them until someone puts a ring on this finger.
PC: I'll let Beyonce know. Last one! One Latina stereotype you embrace (or is there one?)
HT: That we're family orientated.
And there ya have it. To nominate a Latina for a future #ChingonaFest Friday feature, email me at email@example.com or tweet e with the hashtag #ChingonaFest. And don't forget to check out this week's Dimelo Advice column on Latina Magazine and be sure to send me your questions to firstname.lastname@example.com.
Check out my Mexican in Maine Etsy shop for Sassy Spanglish Digital Quote Prints and sign up for The Tortilla Press Newsletter (Look at the sidebar, y'all)! Follow me on Twitter, instagram, and here's the FB fan page! I know. You're welcome.


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Joel Mokyr, professor of economics and history at Northwestern University, compares the importance of Amazon.com's new Search Inside the Book capability with the invention of the encyclopedia. To search the contents of 120,000 books, simply enter a phrase into Amazon's regular search box. For more details on how this works, see Amazon's help page.
Cite This Page
Feldman, Barbara. "Amazon's Search Inside the Book." Surfnetkids. Feldman Publishing. 30 Dec. 2003. Web. 29 Nov. 2014. <http://www.surfnetkids.com/tech/160/amazons-search-inside-the-book/ >.


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Heartbrand Beef, Inc. v. Lobel's of New York, LLC et al
Filing 1
COMPLAINT against all defendants (Filing fee $ 350 receipt number 05410000000004030327) filed by Heartbrand Beef, Inc.. (Attachments: # 1 Exhibit A - Website of www.akaushisteaks.com operated by Worldwide Media, Inc., # 2 Exhibit B - One of two connections to www.lobels.com, # 3 Exhibit C - One of two connections to www.lobels.com, # 4 Exhibit D - Homepage of www.lobels.com)(Lee, Ted)
Heartbrand Beef, Inc. v. Lobel's of New York, LLC et al Doc. 1 UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS VICTORIA DIVISION HEARTBRAND BEEF, INC. Plaintiff, vs. LOBEL'S OF NEW YORK, LLC & WORLDWIDE MEDIA, INC. Defendants. § § § § § § § § § § Civil Action No. ______________________ COMPLAINT I. 1. Parties Plaintiff, Heartbrand Beef, Inc., is a corporation organized and existing under the laws of the State of Texas with its corporate headquarters being located at 404 Airport Drive, Yoakum, Texas 77995. 2. Defendant, Lobel's of New York, LLC, is a limited liability company organized and existing under the laws of the State of New York and may be served at either of the following addresses: Lobel's of New York, LLC 19 The Crossing Purchase, NY 10577 Steve Fraum Lobel's of New York, LLC 774 Jay St. Rochester, NY 14611-1339 3. Defendant, Worldwide Media, Inc., is a corporation organized and existing under the laws of the State of Florida and may be served through its registered agent at the following address: 1 Dockets.Justia.com Randolph Wolfe 100 N. Tampa St., Suite 2700 Tampa, FL 33602-2320 II. 4. Jurisdiction and Venue This is an action for false designation of origin and unfair competition pursuant to § 43(a) of the Lanham Act, 15 U.S.C. § 1125(a). This Court has jurisdiction under 15 U.S.C. § 1121, 15 U.S.C. § 1125(a), and 28 U.S.C. § 1338(a). 5. This Court also has jurisdiction of the action under 28 U.S.C. § 1332, as there is diversity of citizenship between the parties and the amount in controversy exceeds $75,000.00, exclusive of interest and cost. Venue is proper in this district under 28 U.S.C. § 1391. Through the use of internet, the Defendants have done business in the Western District of Texas. III. 6. Facts Kyusha is one of the islands of Japan in the Mount Aso Region. Akaushi cattle are raised on the island of Kyusha. The Akaushi Cattle herds are considered to be a national treasure and are a protected breed by the government of Japan. 7. Akaushi beef made from Akaushi cattle is healthier than other types of beef due to its Akaushi cattle produce meat that has a higher amount of unique fatty acid composition. intramuscular fat, commonly known as marbling. As a result, beef from Akaushi cattle is very tender, juicy and flavorful. Many beef experts consider Akaushi beef to be the most palatable, and yet healthy, beef in the world. 8. As a result of the fatty acid composition, Akaushi beef is lower in saturated fats and cholesterol and higher in nonsaturated fats and conjugated linoleic acid (LCA). LCA is a very beneficial and essential fatty acid for good human nutrition. 2 9. Some studies have even shown LCA to slow the growth of a wide variety of tumors, including cancer of the skin, breast and prostate. Other research has shown LCA helps control insulin level and reduce diabetes. Still other studies show Akaushi beef helps increase weight loss, lowers cholesterol and reduces bone loss. Most significantly, some studies show that Akaushi beef reduces the risk of heart disease. 10. As a result of some of these studies, plus the flavorful nature of Akaushi beef, Akaushi beef has become one of the most sought after beef products in the United States. Akaushi beef will sell for as much as ten times the price of ordinary beef. 11. A number of years ago, a predecessor in interest of Plaintiff was able to obtain a limited number of purebred Akaushi cattle. From that limited number, herds of purebred Akaushi cattle have been grown in the United States, all of which are owned and controlled by the Plaintiff. 12. The Akaushi cattle lineage is very accurately controlled. The ancestory and the lineage of cattle can be traced back to the Mount Aso Region of Japan and the revered Akaushi herds. 13. As a result of Japan's protection of the revered Akaushi herds as a national treasure, the only source of Akaushi beef in the United States is from the herds of Plaintiffs. Based upon information and belief, there is no other source of Akaushi beef in the United States. 14. Recently, Defendant Worldwide Media, Inc. started operating a website of www.akaushisteaks.com, the homepage of which is attached as Exhibit A. The word "Akaushi" appears five times on the homepage (see Exhibit A). If someone clicks on any of the five different uses of the words Akaushi, one of two connections to www.lobels.com is provided (see Exhibit B or C) under the term "Akaushi." If the person then clicks on www.lobels.com, the homepage of Lobel's is connected (see Exhibit D). Lobel's then attempts to switch the person 3 accessing their website via www.akaushisteaks.com from Akaushi steaks to some other type of beef or meat product. 15. Based upon information and belief, Defendant Worldwide Media, Inc. is operating a website of www.akaushisteaks.com and is selling links under the word "Akaushi." Further, based upon information and belief, Defendant Worldwide Media, Inc. has never sold or offered for sale any type of Akaushi beef products, including steaks. 16. Based upon information and belief, Defendant Worldwide Media, Inc. has sold connecting links under the word "Akaushi" to Defendant Lobel's of New York, LLC, the owner of website www.lobels.com. Based upon information and belief, Lobel's does not sell, and has never sold, Akaushi steaks. 17. The acts of the Defendants complained of hereinabove is a clear attempt to "bait and switch" a perspective buyer that is looking for an "Akaushi steak" to some other lesser quality beef or other meat product as sold by Lobel's. 18. A person going to the website of www.akaushisteaks.com is normally looking for a source of Akaushi steaks or beef. Rather than Akaushi steaks (which are only available through Plaintiff), attempt is made to divert the inquirer to www.lobels.com for the purchase of some other beef or meat product of lesser quality. COUNT 1 False Designation of Origin 19. Plaintiff repeats and realleges each and every allegations contained in paragraphs 1-19 as if fully set forth herein. 20. Defendants conduct complained of hereinabove constitutes use in commerce of words or terms that are a misleading description of fact, or misleading representation of fact, which: 4 a. is likely to cause confusion or to cause mistake or to deceive as to the affiliation, connection, or association of Defendants with Plaintiff, or as to the origin, sponsorship or approval of Defendants goods by Plaintiff; or, b. misrepresents the nature, characteristics, qualities or geographic origin of Defendants goods. 21. Such acts of Defendants are a violation of 15 U.S.C. § 1125(a) and will continue unless enjoined by this Court. As a result of such acts, Plaintiff has been damaged. 22. Further, such acts will continue unless enjoined by this Court. COUNT 2 Common Law Unfair Competition 23. Plaintiff repeats and realleges every allegation contained in paragraphs 1-22 as if fully set forth herein. 24. Defendants acts complained of hereinabove constitute common law unfair competition under the laws of the State of Texas. 25. As a result of such common law unfair competition, Plaintiffs have been damaged. Such acts of unfair competition will continue unless enjoined by this Court. PRAYER WHEREFORE, Plaintiff requests the Court enter judgment: A. declaring that Defendants have engaged in unfair competition under § 43a of the Lanham Act and have engaged in common law unfair competition of the laws of the State of Texas; 5 B. ordering that Defendants, their officers, directors, agents, servants, employees, attorneys and other persons in active concert or participation with them, be preliminary and permanently enjoined from: 1. using alone, or in combination with other words the term AKAUSHI, or any confusingly similar word or words when referring to meat products; 2. causing likelihood of confusion between the products offered for sale by Defendants and the Akaushi beef products offered for sale by Plaintiff; and, 3. whatsoever. C. ordering that Defendants be required to deliver up and destroy all literature, otherwise engaging in unfair competition, Federal or State, in any matter advertising, or electronically stored information about any products under the word "Akaushi" or any confusingly similar term; D. ordering that Defendants immediately stop using the word "Akaushi" on their websites including in their domain name; E. ordering that Defendants be directed to file with this Court and to serve on Plaintiff within fifteen days after the service of an injunction, a report, in writing under oath, setting forth in detail the manner and form in which they have complied with the injunction; F. G. awarding Plaintiff Defendants' profits; awarding the Plaintiff its damages, which damages should be increased three times actual damages due to the willful nature of Defendants' conduct; H. I. J. awarding Plaintiff punitive damages; awarding Plaintiff its attorney's fees and costs in this suit; awarding Plaintiff pre and post judgment interest; and, 6 K. proper. granting Plaintiff such other and further relief as the Court may deem just and Respectfully submitted, GUNN & LEE, P.C. 700 North St. Mary's St., Suite 1500 San Antonio, Texas 78205 (210) 886-9500 Telephone (210) 886-9883 Facsimile By: __/s/ Ted D. Lee___________________ Ted D. Lee State Bar No. 12137700 7


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Eid Mubarak
Eid-ul-Adha Jama'at Time
Saturday 4th October
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Jazzak-Allah for your co-operation.


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John Bronson and his Pro To You company offers something very special....an experience your child will never forget! It is obvious that John has a love of mentoring and giving back to others. He went above and beyond to make sure our son's 10th birthday party was spectacular. He threw the football to each child and provided coaching tips and motivation. The opportunity to practice and get tips from a pro athlete is a great idea for an event! I would highly recommed Pro To You!
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Thank you John for an amazing Birthday Party!! All of the boys had the best time of their lives throwing passes and working on new moves with a Pro NFL player!! Thank you for the autographs and all of the extra goodies that you provided. None of the parents or the kids will ever forget this birthday party experience!!
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We used Pro To You's John Bronson and Adam Bergen, Former Arizona Cardinals for an event we had at our school. They were a ton of fun, very interactive with the kids and a pleasure to be around.
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My son Zuri has been working with John at Pro2U since January and he absolutely loves it. He counts down each week for his one-on-one football practice session and enjoys learning new techniques. John Bronson has also supported my son's mental and physical development, as he is only seven years old, and we are looking forward to our continued partnership with Pro2U for many years to come.
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Former AZ Cardinals Marcel Shipp & John Bronson at a corporate appearance with fans!
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- Warning
|2012 Floral Trail Booklet Now Available
The KH Floral Trail Booklet is ready to pick up from many outlets around Kings Heath; try getting yours from the Library (High Street), The Community Centre (Heathfield Road) and many more places.
Alternatively, the booklet can be downloaded from this site and is available in pdf format. It is fairly large at around 12Mb, but should be fine for most broadband connections.
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Depending on your browser, either (1) left-click with your mouse on the DOWNLOAD NOW link below to download automatically, or instead (2) right-click on the link with your mouse and choose "save as" or "save link as" to save the document to any part of your system (PLEASE note - you will need a PDF reader to view this literature such as Adobe Acrobat - click here).


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Monday, December 22, 2014
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BROOME COUNTY, N.Y. -- Broome County continues to fight welfare fraud. County Executive Debbie Preston announced Wednesday that investigators busted $6.2 million in fraudulent claims last year. That's from roughly 2,800 cases where fraud was positively identified.
The Case Integrity Unit of Broome Security detected $3.1 million in benefits that were applied fraudulently. The other $3.1 million was uncovered through ongoing investigations by Broome Security.
Preston says the county will continue working to make sure those who apply for public assistance truly need it.
"It's real simple and I've said it many times. If you attempt to abuse the system in Broome County, you will be caught, you will be prevented from receiving future benefits and you will be prosecuted," said Preston. This is the most welfare fraud detected in a single year in the history of Broome County.
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Hundreds of Thousands of Illegals Go Free
By Harold Hutchison
Hundreds of thousands of illegal aliens who have been ordered to be removed from the country are roaming free – and the federal government is doing nothing about it. Among those on the loose are 68,000 with criminal convictions who were permitted to remain in the United States as opposed to being deported.
According to a report by the Daily Caller, a study by the Center for Immigration Studies determined that Immigration and Customs Enforcement had over 722,000 encounters with illegals during 2013. Charges were filed in only 195,000 cases.
"According to ICE personnel, the vast gap between the number of encounters reported and the number of aliens put on the path to removal exists because officers are not permitted to file charges against aliens who do not fall into the administration's narrowly defined criteria for enforcement, regardless of the criminal charges or the circumstances in which the alien was identified," the report stated.
Senator Jeff Sessions (R-AL), slammed the Obama Administration's policy of not enforcing immigration laws, saying, "American citizens have a legal and moral right to the protections our immigration laws afford — at the border, the interior and the workplace. The administration has stripped these protections and adopted a government policy that encourages new arrivals to enter illegally or overstay visas by advertising immunity from future enforcement."
The report went on to detail how interior arrests have declined by 40%, even as the Obama Administration claimed to set records in removals. The report stated, "The Obama administration and anti-enforcement activist groups have tried to portray the number of departures as 'record-breaking' and indicative of robust immigration enforcement. They have tried to support this claim by showing that the number of departures credited to ICE is higher than ever before."
The report went on to outline how the Obama Administration cooked the books to back its claim of "robust" enforcement, noting that "an independent analysis of ICE records obtained in a lawsuit showed that ICE was able to achieve these 'record' departures only because the agency was taking credit for removing a large number of individuals who were apprehended by the Border Patrol. Such cases made up the majority of ICE's reported deportations in 2013, but they had never been counted that way in previous administrations."
Sessions stated, "Comments from top Administration officials, such as Attorney General Holder's claim that amnesty is a civil right, or Vice President Biden's claim that those here illegally are all U.S. citizens (apparently including someone whose visa expired yesterday), demonstrate the administration's increasing belief in an open borders policy the American public has always rejected."
Speak out on this! Contact your Senators and Congressmen. The Capitol Hil switchboard phone number is (202)224-3121.


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If you want to spice up your everyday commute, browse through our All New 2014 - 2015 Dodge, Jeep, RAM and Chrysler models available now! Below, you will find information on the All New Dodge Dart, Jeep Grand Cherokee, RAM 1500 Truck, Town & Country and Journey models you can drive home today!
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Articles in News
A veterinarian gives mouth to beak CPR to save a Bald Eagle.
We all know that some seeds consumed by birds survive the digestion process. New research proves some snails do too.
In this video, an Osprey that was caught in some fishing line near Eugene, Oregon is rescued.
A successful Bald Eagle release from the Audubon Center for Birds of Prey in Maitland, Florida.
Recently the U.S. Supreme Court denied a petition by pesticide manufacturers that challenged the Environmental Protection Agency's ban of a product blamed for sickening farm workers and killing millions of birds.
A police officer named Byrd rescues a bird.
A duckling that was shot with a blow dart has been successfully rescued and rehabilitated.
World Migratory Bird day is this weekend. Do you have any plans?
A Laysan Albatross named Wisdom is the oldest known bird in the United States at 60 years old and she just had a baby!
Participants have until March 1st to submit their Great Backyard Bird Count checklists, but you can explore the 2011 data right now.
The Great Backyard Bird Count takes place across the United States and Canada this weekend. Are you going to participate?
Peter Giambro, a 70 year old retired carpenter from Quincy, Massachusetts risked over $17,000 in fines protecting birds in his neighborhood.
The first beer can collared Gull was rescued Monday, November 15th at Lake Merced in San Francisco, California by WildRescue.
Some residents of Kauai may refuse to rescue birds and will let them die all because of a football game. What is happening on Kauai?!


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Posted: Thursday, January 9th 2014 at 4:20pm
Stocks mostly lower for a second day; retail sinks
By The Associated Press
NEW YORK (AP) -- Disappointing news from retailers helped nudge the stock market mostly lower Thursday afternoon.
KEEPING SCORE: The Dow Jones industrial average fell six points, or less than 0.1 percent, to 16,455 as of 3:35 p.m. Eastern time. The Dow fell as much as 84 points earlier in the day. The S&P 500 was up a point, or 0.1 percent, to 1,839 and the Nasdaq composite lost nine points, or 0.2 percent, to 4,157.
MACY'S CUTS: Macy's rose $4.28, or 8 percent, to $56.13 after the department store chain late Wednesday said it would eliminate 2,500 jobs as part of a reorganization that aims to save $100 million a year. The company also forecast a 2014 profit that was above Wall Street's forecasts.
TROUBLE IN RETAIL: Bed Bath & Beyond plunged $9.90, or 12 percent, to $69.79 and Family Dollar fell $1.55, or 2 percent, to $64.79 after cutting their earnings forecasts following a disappointing holiday season. Bed Bath & Beyond fell the most in the S&P 500 index, and Family Dollar was among the top 10 decliners.
WHERE'S THE SPENDING? "The consumers are supposed to be the fuel of this economy, and it doesn't appear to be happening," said Ian Winer, director of trading for Wedbush Securities. "If they're not spending money at the retailers, what's going on?"
THE ECONOMY: The number of Americans seeking unemployment benefits fell by 15,000 last week to 330,000. The drop was slightly bigger than economists predicted, according to FactSet. The claims report sets the stage for the government jobs report for December. Economists expect employers added 196,000 jobs last month.
FORD DIVIDEND: Ford rose 35 cents, or 2 percent, to $15.89 after the company announced it was increasing its quarterly dividend to 12.5 cents per share, up from 10 cents per share. The increase comes a day after the stock gained 1 percent on news that Ford's widely respected CEO, Alan Mulally, would not leave to run Microsoft.
EARNINGS SEASON: Thursday marks the beginning of third-quarter earnings releases for U.S. companies. Alcoa, an aluminum maker and former Dow component, will report its earnings after the closing bell. Alcoa was already in the news earlier Thursday, falling 19 cents, or 2 percent, to $10.65 on word that an Alcoa subsidiary will plead guilty and pay $384 million for paying bribes to the Middle Eastern Kingdom of Bahrain.
Associated Categories: National News, Business News, Local/State News
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NUTRILITE Double X
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Jan 9 2014
Throwback Thursday with Mayim Bialik: From 5-Year-Old to Israeli Soldier
A very special #ThrowbackThursday: Here's me and my cousin's son when he was 5 and now, 15 or so years later, as an Israeli soldier. Sweet!
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Forest Laboratories, Inc. Sets Date And Conference Call For Fiscal 2013 Third Quarter Earnings
Forest Laboratories, Inc. (NYSE: FRX), an international manufacturer and marketer of pharmaceutical products, will release its Fiscal 2013 Third Quarter financial results before the U.S. stock market opens on Tuesday, January 15, 2013. At 10:00 AM EDT, Forest will host a conference call where Elaine Hochberg, Executive Vice President, Sales & Marketing and Chief Commercial Officer, Frank Perier, Executive Vice President Finance & Administration and Chief Financial Officer, and Dr. Marco Taglietti, Senior Vice President Research & Development and President, Forest Research Institute, will discuss the financial results and relevant company and industry topics.
The conference call will be webcast live beginning at 10:00 AM EDT on the Company's website www.frx.com and also on the website www.streetevents.com. Please log on to either website at least fifteen minutes prior to the conference call as it may be necessary to download software to access the call. A replay of the conference call will be available until February 14, 2013 at both websites and also by dialing 1-855-859-2056 (US and Canada) or +1-404-537-3406 (international), Conference Call ID # 78714269.
About Forest Laboratories
Forest Laboratories' (NYSE: FRX) longstanding global partnerships and track record developing and marketing pharmaceutical products in the United States have yielded its well-established central nervous system and cardiovascular franchises and innovations in anti-infective, respiratory, gastrointestinal, and pain management medicine. The Company's pipeline, the most robust in its history, includes product candidates in all stages of development across a wide range of therapeutic areas. The Company is headquartered in New York, NY. To learn more, visit www.FRX.com.Except for the historical information contained herein, this release contains forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995. These statements involve a number of risks and uncertainties, including the difficulty of predicting FDA approvals, the acceptance and demand for new pharmaceutical products, the impact of competitive products and pricing, the timely development and launch of new products, and the risk factors listed from time to time in Forest Laboratories' Annual Reports on Form 10-K, Quarterly Reports on Form 10-Q, and any subsequent SEC filings. Forest assumes no obligation to update forward-looking statements contained in this release to reflect new information or future events or developments.
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Costa® Harpoon 580 Polarized Sunglasses
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Ben 10: Ultimate Alien
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Ben 10: Ultimate Alien (working title of Ben 10: Evolution) follows 16-year-old Ben Tennyson as his secret identity has been revealed to the world and he's now an international mega-star super hero, loved by kids the world over but distrusted by many adults. Armed with a mysterious new Omnitrix, Ben will see action in places he's never been.
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LG's 'smart appliances' make your old appliances look lazy
We're living in a smart TV, smartphones and smart cars world, so why not smart home appliances that can all be controlled with an app? That's the idea LG is floating around at this year's CES — home gadgets that talk to each other wirelessly.
Imagine your refrigerator, washing machine and dryer, robotic vacuum and stove all accessible with an app — either through a smartphone, tablet or smart TV.
That's LG's grand vision at least. Are they cool and do they work?
1. Tromm Styler Steam Closet
LG's concept clothes manager is already available in Korea for about $2,000 (converted). It isn't a dry-cleaning machine. It's a "freshener." The closet gently rocks any apparel hanging in it for about 39 minutes and when you open its door, your clothes are either unwrinkled, don't smell like sweaty armpits or something that's been sterilized.
The Tromm Styler uses steam cartridges to work its magic. Each cartridge can be reused over and over, so you don't need to constantly fill it up with water.
You can even put toys and other things that need to be sterilized in there for a quick freshening. This already exists, and yet to us it seems like magic.
2. Smart Refrigerator
Part of LG's Smart ThinQ appliances, I saw a refrigerator that could accept grocery receipts scanned from a smartphone camera. The fridge could then keep track of the grocery inventory, recommend recipes based on what food you've got and includes useful apps such as a digital notepad, digital photo viewer, timer, etc. It's all Android-based.
Well, there's just one thing. Most of the selections have to manually managed. Have five apples in your fridge and decided to munch on one? You have to manually subtract one apple from the database or it'll still think there's five. Until there are sensors inside of the fridge that can automatically keep track of what's in there, a real "smart" fridge is a ways off. LG's fridge just feels like more work than it's worth.
Interestingly enough, the fridge can actually start up the next home appliance on this list.
3. Smart Oven
Yep, if you find a recipe that you want to cook up and select it from the app or Smart Refrigerator, it can automatically pre-heat your oven or turn on your stove.
Equipped with infrared grill tech, the Smart Oven can also cook food 20 percent faster than regular stoves. Think of how fast you can cook up a grilled cheese sandwich.
Other instances have the Smart Oven beaming temperature to your phone/tabet and reminding you when your pie or pot roast is done. Never burn your food again!
4. Smart Washer and Dryer
Just like the Smart Oven, the washer and dryer and can alert you to when your washed garments are done and when to transfer them to the dryer. Never again will you have any excuse to not remember to pull the clothes out of the washer or dryer. Your smartphone will annoyingly remind you until you've done the deed.
5. Blast Chiller
One of the coolest innovations at LG's CES booth was this drink chiller. It's built directly into one of the company's refrigerators that costs about $3,300. In about four minutes, it can instantly chill a 12 ounce canned drink or two cans or a bottle of wine in eight minutes.
Think of it like Doctor Freeze giving your beer or soda a good cold shot. The Blast Chiller does so by lightly rocking the drink back and forth with zero degree air from the freezer. As a result, the drink, even if it's a bottle of champagne it won't explode when you pop it open.
There is a downside, though. After about six consecutive blast-chilled drinks, the Blast Chiller needs to rejuvenate for about an hour before it can insta-cold any more drinks. So, no blast-chilling drinks for a party of pals.
6. HOM-Bot Robotic Vacuum
LG's little vacuum looks like a Roomba but it's a little more advanced than one. It maps out your entire house and has three cameras and a speaker, all controllable through an app, so it can double as a remote security spy cam. Catch your pets clawing up your furniture or your kids stealing cookies from the jar? Remotely tell them off!
Also, unlike the Roomba, the HOM-Bot has enough sensors around its body that it'll never bump into the wall or objects.
As if that's not enough, when it's battery is low, the vacuum will return back to its charging dock and juice up. A Roomba can do that, but the HOM-Bot does one better: it knows the exact location it left off before it goes to charge, and heads back after to clean up whatever dirt mound it left behind.
Via LG
Posted on location at CES 2012 in Las Vegas.


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SRD:My LightTalk0
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Revision as of 00:49, March 19, 2010 by Dracomortis (Talk | contribs)
|This material is published under the OGL
|Psychokinesis{{#set:Discipline=Psychokinesis}} [{{#arraymap: Light|, |x|{{#set:Effect=x}}x}}]
|Psion/Wilder 1, Psychic Warrior 1{{#arraymap: Psion/Wilder 1, Psychic Warrior 1|,|x|{{#set:Level=x}}}}
|Auditory and visual
|Manifesting Time:
|1 standard action
|20-ft. cone of light emanating from you
|10 min./level (D)
|Power Points:
Your eyes beam forth a 20-foot cone of light. You and other creatures can see normally in the light. If you walk into an area filled with psionic or magical darkness, my light goes dark while you stay within that area.
If my light is used in conjunction with elfsight, the cone of light extends out to 40 feet instead of 20 feet.
Augment: If you spend 2 additional power points, you can manifest this power as a swift action.
Back to Main Page → System Reference Document → Powers


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The City of Coral Springs is hosting its second annual Youth Video Game Challenge on Saturday, October 6 at 11 a.m. The event, which is co-sponsored by Best Buy and McDonalds, will put players head to head tackling John Madden 2013. The challenge will be played on Xbox and Playstation. Winners will receive video games and a 42" TV.
Participants must register for $2 at the Coral Springs Gymnasium by Thursday, September 20. The Gym is located at 2501 Coral Springs Drive, just north of Royal Palm Blvd.
The challenge will be held at Best Buy, located at 650 N. University Drive. For more information, call 954-345-2204.


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DCoE Blog
Frontline Psych with Doc Bender: PTSD and Holidays – Plan For It
Go Back
Posted by
Dr. James Bender, DCoE clinical psychologist on December 13, 2012
13 Dec
Dr. James Bender
18 Dec
@Christine, It's not surprising your loved one has gotten better, a lot people with PTSD do. Studies have proven that social support of friends and families is an important part of recovery and it sounds like you played a major role in his improvement. I'm glad you're both doing well.
Type the code shown


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Hank wrote: Update on the planting of peas.......slugs love'em. And haveing a straw covered home to live in while eating my new pea plants, well, it's a slugs idea of heaven.
sevenseeker wrote: According to Jeff Lawton, you are experiencing a duck deficiency!
Rosie wrote: Okay, I'm a newbie on the West Coast (Vancouver Island), and I'm struggling with exactly this mulch problem. What is the answer on the mild winter coast? I mulched with straw sheet-mulched beds in the winter a la Ruth Stout, then read Steve Solomon's slug advisory in January, and so pulled most of it off to plant my peas in March. Now I've got some nibbled peas that are surviving ok, but I'm losing water etc because I have only a scattering of mulch! Is there a magic mulch for the coast that I should know about? Thanks! (And nice to be here) Rosie
more from paul wheaton's glorious empire of web junk:
cast iron skillet
diatomaceous earth
sepp holzer
raised garden beds
raising chickens
lawn care
flea control
electric heaters
permaculture videos
permaculture books


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How Art Can Bridge the Digital 'Divide'
- |
- 6:30 am |
- Permalink
- Consisting of paintings, brainwave recordings fed into smart glass, and a live tree in a box, this art installation is an attempt to bridge the digital art divide -- inviting new ways to "think, see, and filter affect." The piece is called "The Tree of Pascal" by Drue Kataoka and will be exhibited as part of the annual meeting of the World Economic Forum in Davos this week.
- The brainwaves featured in the installation were captured from different regions of the brain through this personal electroencephalography (EEG) brain-computer interface. The EPOC headset features 14 electrodes and is made by San Francisco-based startup Emotiv, which collaborated on this project through its CEO Tan Le and also made the headset open source for developers and researchers. The company developed custom software to process the brainwave data and feed those "insights" into the art installation through their API. Image: Emotiv
- Brainwaves were collected from over 40 people (to date) on virtually every continent: Africa, Asia, Australia, Europe, North and South America. The participating "brains" -- representing technology, academia, social service, and business -- were asked to visualize an activity important to them while wearing the headset. Their recorded brainwaves were then incorporated into the art.
- Inside the art installation -- encased behind a glass panel -- is a small, living tree. But the panel isn't made of ordinary glass; it's made of Smart glass. The glass changes from transparent to opaque depending on the voltage applied to it, which is correlated to the intensity of thought and emotion from both recorded brainwaves ... and live ones. So the artwork isn't static: It collaborates with viewers real-time, changing and adapting (like neuro-plasticity in the brain) with new experiences. The more light that comes through, the more light will reach the tree -- enabling the tree to thrive.
- Outside the art installation -- on the top and both sides of the triangular box -- are three "Sumi-e" ink paintings ("The End of the Sky," "Conceiving the Sky," and "Top of the Sky"). Sumi-e is an ancient technique originally practiced by monks and Samurai in Japan. One of the country's most famous swordsmen, Miyamoto Musashi, was also one of the greatest Sumi-e artists in history; control of hand is essential in both.
- In the Sumi-e technique, the process of grinding and preparing the ink before it is applied by brush on paper is very intense, laborious, and contemplative. The artist was looking at and meditating on Hubble telescope photos while doing these paintings, which aim to capture and bridge the worlds inside and outside of us.
- View without the smart glass (this tree is an artificial placeholder since the live one will be sourced from Switzerland due to EU agricultural restrictions). Inside the box are mirror fragments, broken and arranged by the artist as part of a "magic box" technique she developed for creating negative space and reflecting, distorting, and blending worlds. The inspiration for the tree -- and title of the entire art installation -- came from the following quote by French mathematician and philosopher Blaise Pascal:
"Man is but a reed, the most feeble thing in nature; but he is a thinking reed. The entire universe need not arm itself to crush him. A vapour, a drop of water suffices to kill him. But, if the universe were to crush him, man would still be more noble than that which killed him, because he knows that he dies and the advantage which the universe has over him; the universe knows nothing of this. All our dignity consists, then, in thought. By it we must elevate ourselves, and not by space and time which we cannot fill. Let us endeavour, then, to think well; this is the principle of morality."
Like writers embracing digital platforms, musicians embracing digital music, or photographers embracing digital photography, art based on new media often just did – still does – old things in new ways.
Art critic Claire Bishop also made this observation on the "digital divide" in art, further noting that:
While many artists use digital technology, how many really confront the question of what it means to think, see, and filter affect through the digital? How many thematize this, or reflect deeply on how we experience, and are altered by, the digitization of our existence?
Let me focus on one word here for a moment: affect. Because regardless of what form it's in (paint, web, print) or how it's made (hand, manufactured, individual or team-produced), new art – in any medium – has to resonate at a deeper level than simply provoking the viewer to think "Oh this is weird!" or "Oh cool!" or "Oh how pretty!"
A lot of new media art evokes one or more of these exclamations … but it doesn't also make the viewer ask questions. And as John Maeda has argued previously here, that's just what art should do.
The only way art can ask questions is if it has both originality and meaning. That meaning doesn't have to be embedded in or derived solely from what you can see (paintings or words on a screen), hear (music or podcasts), and touch (textiles or sculptures) – it can also be in the form of "negative space" that strategically leaves "visual silence" in the artwork.
The concept of negative space is central to the millennia-old Japanese brush painting technique known as "Sumi-e", which I was trained in as a child of two worlds: born in Tokyo to a Japanese father and an American mother, growing up as an artist in Silicon Valley surrounded by technology and technologists. It's this space between worlds, the visual silence, I'd argue, that invites the viewer to fill in the blanks and ask questions — essentially becoming a collaborator with the artist. This blending of worlds mimics how other media has been evolving as well, especially when you think about how much content is created today. Whether the omission is purposeful or because the media now welcomes (almost requires) interactivity, meaning is created.
Building on these themes of bridging worlds, my above art installation ("The Tree of Pascal") consists of traditional paintings, EEG brainwaves recorded with a personal brain-computer interface, smart glass, and a live tree — to be exhibited and presented in Davos this week as part of the Annual Meeting of the World Economic Forum.
Yet … are brainwaves a legitimate art medium? Yes, when incorporated meaningfully. I believe such artworks can help bridge Bishop's "digital divide" since art is, at the end of the day, visual code that gets transcribed inside our minds (like brainwaves) into thoughts and emotions. It may actually help us "reflect deeply on how we experience, and are altered by, the digitization of our existence."
But perhaps most importantly, this artwork invites the viewer to "think, see, and filter" affect. It's the result of my experiment to offer commentary from the space between worlds — not just between digital and analog, but between race and identity, platform and meaning, and technology and art.
All images (except where noted): Drue Kataoka
Editor: Sonal Chokshi @smc90


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Elizabethan Classics HSCKIT10 ORB Claw Foot Bath Personal Handshower - Oil Rubbed Bronze
This item qualifies for free shipping within the USA! (except to Hawaii & Alaska)
Photo Shown is in Chrome Finish Clawfoot Bath Personal Hand Shower Elizabethan Series Includes Cradle, Diverter Valve, Hose and Hand Shower For Use with Elizabethan Classsics Shower Enclosures All Brass Constructions Oil Rubbed Bronze Finish Limited "5 Year" Warranty on Finish and Construction
Product OEM:Elizabethan Classics
E-mail a friend about this item.
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When considering a wrap-up, one of the most important trends to consider is the state of the insurance market. The number of carriers qualified and willing to underwrite wrap-ups has increased dramatically over the past 25 years resulting in a very competitive marketplace. One of the important results has been the virtual elimination of "upside" risk associated with wrap-ups (see how premium is developed).
Since 2000, the insurance marketplace has been undergoing a transition with costs increasing and availability diminishing. This resulted in cost increases of 20 percent to 50 percent to correct the under-pricing of previous years.
The market was affected by the events of September 11, 2001, with the potential for losses in excess of $70 billion. The reinsurance (secondary market) has virtually eliminated any coverage for terrorism. Primary insurers cannot eliminate coverage without state approval and terrorism cannot be excluded from workers' compensation policies. The resultant dramatic market "hardening" characterized by substantial premium increases, coverage restrictions and available limits has been felt across all lines of coverage and all businesses.
In addition, the financial strength of many insurers and reinsurers is now an issue with many rating agencies downgrading companies and the number of insolvencies increasing. Insurance companies have upgraded the qualification for evaluating reinsurers in what has been called a "flight to quality". This reduces the number of available reinsurers and ultimately translates to higher prices.
The reduced capacity (availability of limits), coverage restrictions, cost increases and financial strength of insurer are affecting all contractors in varying degrees. This market instability translating in higher construction costs and lack of consistency are even more compelling reasons for an owner to exercise control of the insurance program.
While it is true that these issues also affect the markets writing wrap-ups, these programs historically have produced more profitable business than "un-wrapped" construction accounts. A survey of the top five wrap-up insurance markets and found that they are continuing to offer wrap-up programs. Overall costs may be affected by each individual carrier's reinsurance costs as well as the carrier's overall profitability and the profitability of their construction and wrap-up accounts.
The feasibility study is used to determine if the project qualifies for wrap-up consideration. A feasibility study is a cost/benefit analysis comparing the cost of contractor provided insurance to the cost of an owner controlled insurance program. The study also considers non-financial considerations such as the workers' compensation jurisdiction, rules governing the use of wrap-ups, the type of project and other factors that could influence the potential for cost savings. The feasibility study may be developed by an independent consultant or by a broker. The consultant will charge a fee, but has no interest in the results. The broker may include the cost of the study in its fee to market and administer any subsequent program.
The preliminary cost evaluation generally is provided by a consultant, the chosen broker, or as part of the RFP response from all brokers. At this early stage, the cost projections are based on the estimated hard costs, broken down by trade specialty (if available). These costs are used to project the unburdened payroll by trade, which are organized by workers' compensation class codes.
Feasibility studies are used by owners to determine the viability of a wrap-up for their projects. Insurers will require feasibility study information and additional information (e.g., hard and soft costs, projected payroll by trade, term-of-project, relevant experience of prime contractor, type of construction) to determine coverage specifics, including premiums, minimum deductibles, safety program requirements and maximum payouts for claims (i.e., annual aggregates).
The applicable workers' compensation rates are applied and a cost for general liability is added. With the addition of a loading for the contractors' profit, administration and contingency costs this represents the estimated cost of contractor provided insurance. Then, based on current market results (benchmarking) the wrap-up costs are estimated and compared to the contractor's cost.The evaluation of potential savings (and upside risk) is determined by using an estimate of projected losses for the project and a projection of the aggregate amount of losses to be used in determining the wrap-up premium (see how premium is developed).
Jerry Yakowenko
Office of Program Administration 202-366-1562 E-mail Jerry


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Focusrite is listed at KVR Audio!
Is this your company / developer / brand? If so, why not apply to manage the "Focusrite" listing at KVR. You'll be able to submit news and manage your product listings and put some interesting text up here describing your company!
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2 Sep 2014Focusrite releases iTrack Pocket0 comments 19 Aug 2014Focusrite announces "Scarlett Solo" 2-in/2-out USB interface0 comments 24 Feb 2014Focusrite launches Dream Recording Competition and Documentary Video0 comments 7 Feb 2014Focusrite introduces RedNet D16 AES interface0 comments 22 Jan 2014Focusrite announces "iTrack Dock" recording interface for iPad0 comments 4 Sep 2013Focusrite releases Tape for iPad for Free0 comments 14 May 2013Focusrite announces Scarlett 18i8 and 6i6 USB Audio Interfaces0 comments 24 Jan 2013Focusrite d2/d3 AAX Now Available0 comments 8 Sep 2012Focusrite launches "Forte" Portable USB Audio Interface2 comments 5 Sep 2012Focusrite releases "iTrack Solo" for iPad0 comments 20 Mar 2012Focusrite ISA Two Launched0 comments 26 May 2011Focusrite updates Midnight Plug-in Suite to v1.10 comments 19 Jan 2011Focusrite introduces RedNet - Audio Interface System0 comments 19 Jan 2011Focusrite Unveils the VRM Box0 comments 24 Nov 2010Focusrite releases Midnight Plug-in Suite (Based on Forte Console)0 comments 29 Oct 2009Focusrite releases Scarlett Plug-in Suite0 comments 28 Sep 2009Focusrite announces Saffire 6 USB Audio Interface and OctoPre Mk II Multi-channel Mic-pre0 comments 5 Jun 2009Focusrite releases Liquid Saffire 56 Audio Interface and 22 new free Emulations for Liquid Mix Line of Mix Processors0 comments 16 Jan 2009Focusrite announces the Guitar FX Suite0 comments 15 Jan 2009Focusrite announces the Focusrite Plug-in Suite0 comments
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random redscale
Shots were kind of underexposed since vivitar ez35 has no adjustable iso settings. I still like the results. :))This photo was shot on film. Taken by imanskoi with a Vivitar EZ35 loaded with Kodak Ultima 100 redscaled film in Philippines. These tags describe this photo: kodak, ultima, 100, redscale, vivitar, and ez35. This photo can also be found in the album random redscale.
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Currently, the only Lamar State College-Port Arthur students required to pay an additional charge for verifying identity are enrolled in the online A.A.S. nursing program.
These students register for a total of 12 proctored examinations in five courses at a cost of $25 per exam.
If the college determines that proctored examinations should be required in other courses the cost to students will also be approximately $25 per exam.
Click the following link to access the Student Orientation Course page. Once logged in, click the "Student Orientation Course" link located in the "My Courses" box to begin the orientation.
Some documents are in PDF format and require Adobe Acrobat Reader. Visit the PDF instructions page for more information.


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The two right lanes of northbound Interstate Highway 680 in Milpitas are blocked after a passing motorist fatally injured a highway construction worker this morning, according to the California Highway Patrol.
According to the CHP, the unidentified construction worker was standing outside at a construction site on the right-hand shoulder of northbound I-680 when a passing motorist fatally struck him.
The driver of the vehicle also collided with the rear of a pickup truck and a second highway construction worker, according to the CHP.
The driver was transported to an area hospital with life-threatening injuries, according to the CHP.
The second highway construction worker was transported to Regional Medical Center with minor injuries and is in stable condition this morning, according to the CHP.
The collision on northbound I-680, just south of the Scott Creek Road off-ramp, was reported at about 2:40 a.m., according to the CHP.
The identity of the deceased highway construction worker has not been released and the cause of the collision remains under investigation.
According to the CHP, the roadway is likely to fully reopen at about 6 a.m.
(Copyright 2013 Bay City News. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.)


text: Today I found a thread that had some instructions on what to do on Google Maps. Follow these instructions and tell me what you see. 1. Go to Google Maps - http://google.com/maps/ 2. Type in 47.110579,9.227568 and hit enter. 3. Click the green arrow and hit street view. 4. Hit the up arrow twice then the left arrow twice. 5. What do you see? What do you think it is?


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The understanding of the causes of corrosion in the overhead of a refinery crude oil distilling unit has been evolving rapidly over the past decade. The industry has evolved over time from recognizing corrosion due to HCl, with the worst corrosion concentrating at the Water Dew Point, then to discovery of Salt Point at a higher temperature, then to calculations of an Ionic Dew Point at an even higher temperature. Most recently the capability has been expanded to calculate all three of these key points simultaneously, and further expanded to consider multiple acids and amines at the same time. This presentation will focus on the latest capability, presenting data and calculations for specific units and showing the impact of variable process conditions and contaminants on corrosion risk.
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Two-thirds of all forest inventory plots in the Northeast and Midwestern United States contain at least one non-native plant species, a new U.S. Forest Service study found. The study across two dozen states from North Dakota to Maine can help land managers pinpoint areas on the landscape where invasive plants might take root.
"We found two-thirds of more than 1,300 plots from our annual forest inventory had at least one introduced species, but this also means that one-third of the plots had no introduced species," said Beth Schulz, a research ecologist at the Pacific Northwest Research Station who led the study, which is published in the current issue of the journal Environmental Monitoring and Assessment. "By describing forest stands with few or no introduced species, we help managers focus on areas where early detection and rapid response can be most effective to slow the spread of introduced and potentially invasive plant species."
Nonnative, or introduced, plants are those species growing in areas where they are not normally found. Whether they were intentionally released or escaped cultivation, nonnative plants ultimately can become invasive, displacing native species, degrading habitat, and altering critical ecosystem functions.
Schulz and her colleague Andrew Gray, a research forester at the station, analyzed data gathered by the Northern Research Station's Forest Inventory and Analysis (FIA) Program, which collects and reports statistics on the condition of forests in a 24-state region as part of its regular surveys. The data set, collected from 2001 to 2008, includes a sample of all trees, shrubs, vines, herbs, grasses, fern and fern-like plants conducted on a subset of the region's FIA plots.
Among the study's findings:
The study's results can help focus research on individual species more widely distributed than previously thought or with yet-unexplored potential to become problematic.
The Pacific Northwest Research Station--headquartered in Portland, Ore.--generates and communicates scientific knowledge that helps people make informed choices about natural resources and the environment. The station has 11 laboratories and centers located in Alaska, Oregon, and Washington and about 390 employees.
AAAS and EurekAlert! are not responsible for the accuracy of news releases posted to EurekAlert! by contributing institutions or for the use of any information through the EurekAlert! system.


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What is Stearic Acid?
Stearic acid is a saturated fatty acid with the lipid number C18. The fact that there is no colon with a number after it means that there are no double bonds. This means that stearic acid isn't easy to break and isn't going to go rancid easily. Oils high in stearic acid generally have shelf lives of at least two or three years. Stearic acid is waxy and solid it is therefore no surprise to learn that its name comes from the Greek word "steatos" which translates to mean tallow. Stearic acid helps the skin to retain moisture and to stay flexible. It also assists with damage repair.
Stearic acids are widely used in manufacturing including: cosmetics, soap, detergents, and lubricants. Esters of stearic acid are used in the saponification process (a process of producing soap from fat and lye). It is used to thicken and emulsify lotions and creams. The stearic acids used in these products is a derived product, often from animal fat.
How does Stearic Acid Help Our Skin?
Stearic acid is found naturally in the outer protective layer of our skin, and is a fundamental building block in the lipid layers of the skin. These layers form a barrier against pathogens and germs and help retain our skin's natural moisture. Note that the naturally occurring stearic acid in the butters and oils listed below are good for your good. This is different than the chemically derived extracts that are used in manufacturing cosmetics. Seeing "stearic acid" as an ingredient on a label is not a good thing. What you want is to get the stearic acid naturally in the ingredients in your products. It is similar to how you can think about vitamins. If the food you are eating is naturally high in vitamins and minerals, you won't see them listed as an ingredient. They can be listed in the nutritional profile, but because they are a part of the food, they are not an actually added ingredient. They don't need to be! And when you see vitamins or minerals as ingredients, then you know that they are synthetic. It is always better to get the natural form the substance in the food rather than having to add a synthetic ingredient. So look for products that contain the butters and oils rich in stearic acid, rather than looking for products which contain stearic acid.
What Oils are High in Stearic Acid?
Stearic acid is more prevalent in animal sources than plant sources for the most part. The one exception to this are the butters, such as mango butter and shea butter. There are many other plant oils which also contain stearic acid, but in much smaller amounts.
Some of the oils high in Stearic acid include:
- Illipe butter (45%) Has a shelf life of about 2 years
- Kokum butter (42%) Has a shelf life of about 1 year
- Mango butter (42%) Has a shelf life of about 2 to 3 years
- Shea butter (40%) Has a shelf life of about 2 years
- Cocoa butter (35%) Has a shelf life of about 2 to 5 years
- Tamanu oil (13%) Has a shelf life of about 10 to 14 months
- Avocado oil (4%) Has a shelf life of about 1 year