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1998 WL 855512 (Conn. Super.)
Court approves termination of the parental rights of the mother, who has FAS.
The mother at age 37 possessed "the distinctive facial abnormalities of the disorder," as well as "congenital neuro-cognitive impairment in her ability to organize events and its impact on the higher cognitive functions such as anticipating and making connections between events."
The mother had since the age of 16 been receiving SSI benefits. "Because of her condition and abilities, [the mother] has only had marginal employment on an intermittent basis during her life." (*1).
There was evidence of a number of incidents of sexual and other abuse of the child involved.
577 N.W. 2d 575, 1998 S.D. 30 (1998)
This opinion contains two detailed and useful descriptions of FAS/FAE.
"Fetal Alcohol Syndrome (FAS) is a pattern of mental and physical defects which develop in some unborn babies when the mother ingests alcohol during pregnancy. Those born with FAS may be seriously handicapped and require a lifetime of special care. Impairments include physical birth defects including mental retardation, growth deficiencies, central nervous system dysfunction, craniofacial abnormalities and behavioral maladjustments. Fetal Alcohol Effect (FAE) is a less severe set of the same symptoms. Experts are not in full agreement on the precise distinctions between FAS and FAE. However, behavioral problems of FAE children can be as severe as those of FAS children. FAS/FAE produces irreversible physical, mental and emotional deficits. Many children with FAS/FAE are not able to understand cause and effect relationships and long-term consequences. In 1991, the Journal of the American Medical Association reported that FAS is the leading known cause of mental retardation. At least 5,000 infants are born each year with FAS, or approximately one of every 750 live births. thirty to forty percent of babies whose mothers drink heavily throughout pregnancy have the syndrome. source: United States Department of Health and Human Services"
577 N.W. 2d at 577 n. 1. It is not correct to say that FAE is a "less severe" version of the FAS symptoms. Some FAS symptoms (by definition) are entirely absent (i.e. certain characteristic facial features), but other primary and secondary disabilities may be the same or worse.
577 N.W. 2d at 577.
Excessiveness and Inequality of Sentencing
Bonner was one of three young men convicted of a minor burglary, involving the theft of some CDs, cash, and two necklaces. The good stolen appear to have been worth less than $100. 577 N.W. 2d at 582. The other defendants (whom, so far as the opinion reflects, did not have FAS) received sentences of a $750 fine and 160 or 180 days in jail with work release. Bonner, who was 19 and pled guilty, was sentenced to 15 years in prison. He had not prior felony record, and only a few lesser misdemeanors. 577 N.W. 2d at 657.
The South Dakota Supreme Court concluded that the sentence was "grossly out of proportion to the severity of the crime." 577 N.W. 2d at 581. It based its decision on the sentences of the co-defendants, the lack of a serious prior record, and the absence of any violence in the crime.
This may be a case in which an FAS/FAE defendant who went along with a crime involving more sophisticated offenders got the heavy sentence, while the other offenders got off fairly easily. That is certainly a pattern seen in other cases.
Limited Mental Capacity
Bonner's attorney argued that the burglary sentence was excessive because of Bonner's "limited intellectual capacity." 577 N.W. 2d at 581. (It is unclear whether the attorney raised only Bonner's low IQ, or whether this is just an infelicitous turn of phrase in the court's opinion). The court explained that such limitations were not usually a defense, but were relevant to culpability and thus to sentencing.
577 N.W. 2d at 581.
Bonner's attorney also objected to the sentence on the ground that Bonner needed treatment that could not be obtained in prison.
577 N.W. 2d at 581. The court did not address this argument.
Bonner also received a 15 year sentence for sexual relations with the 14 year old girl who had persuaded him to come to her hometown for the express purpose of being her boyfriend. In upholding that sentence, the court did not engage in any of the analysis which was used with regard to the burglary sentence. For example, with regard to the burglary sentence, the court stressed that the maximum sentence should be reserved for the most serious combinations of offense and background of the offender. 577 N.W. 2d at 582. But in upholding the maximum sentence possible for the sexual contact charge, the court did not assert that the offense or background were unusually serious, but noted only that "[t]here may be legitimate and compelling reasons . . . why a sentencing court might believe the maximum sentence appropriate." 577 N.W. 2d at 582-83 (Emphasis added).
Prior Record
This appears to be a classic case in which an individual with FAS/FAE repeatedly got in trouble with the law, but too little was done to frame sentences that would provide him with treatment and structure until he got into very serious trouble.
577 N.W. 2d at 577.
577 N.W. 2d at 580-81. This sounds like a decision to impose an exceptionally long sentence precisely because of Bonner's limited capacity, which is precisely the opposite of what the state Supreme Court indicated should be the result of such a limitation.
Bonner had serious difficulties throughout his childhood. He received psychological counseling and was on a regimen of medication to control his behavior. At the age of 17 he finally finished ninth grade, and quit school. He had no significant work experience thereafter.
When Bonner was (apparently) 18, he met a 14 year old girl from another town who told him she was 17. After the girl returned home, she called him every day for a week urging him to come to her town so that they could be boyfriend and girlfriend. "Enraptured, Bonner hastily borrowed money from a friend for a bus ticket," 577 N.W. 2d at 577, and traveled to the girl's town. There he stopped taking his medication, and spent several weeks drinking and partying. During this period he allegedly had sexual intercourse on two occasions with the girl in question.
The police also investigated Bonner with regard to possible sexual contacts with four other girls. There was a rape charge filed with regard to a 13 year old girl, but the only facts in the record consisted of a statement by the girls denying any sexual contact other than a few "hickeys." 577 N.W. 2d at 578.
Police Practices
After Bonner had purchased the bus ticket for the ill fated trip to the girl's hometown, his father attempted to prevent him from leaving.
577 N.W. 2d at 577. So far as appears from the record, nothing was done to alert police in the town to which Bonner was headed. It also appears, despite the three prior minor adult offenses, that Bonner was not on probation and therefore not subject to the control of a probation official in these circumstances.
In sum, when he arrived at the bus terminal, Bonner was a disabled and disturbed young man with a long history of minor offenses who was clearly headed for more serious trouble. When his father attempted to intervene, the police responded by facilitating Bonner's departure--and the offenses that inevitably followed. Although it is unclear how much police knew at the time, the events in this case illustrate how police understanding of FAS/FAE could be important in preventing criminal offenses.
882 So.2d 969 (Fla. 2004)
Dillbeck was convicted of first-degree murder, armed robbery, and armed burglary. In connection with Dillbeck's sentencing, the trial court considered various statutory and non-statutory mitigating circumstance, including that Dillbeck has FAE and that his capacity to conform his conduct to the requirements of the law was substantially impaired, but also found that there were numerous aggravating circumstances. Following the jury's recommendation, the trial judge sentenced Dillbeck to death. Dillbeck's arguments on appeal included ineffective assistance of counsel, claiming, among other things, that his attorney failed to request a PET scan. (The Court's opinion does not indicate whether the request for a PET scan was related to the fact that Dillbeck has FAE.) The circuit court denied relief, and Dillbeck appealed, seeking a writ of habeas corpus. Dillbeck's petition did not appeal the claim that counsel should have requested a PET scan, so although the court remanded the case to the circuit court to enter further findings with respect to Dillbeck's claims, it held that the circuit court need not address Dillbeck's claim with respect to the failure to request a PET scan.
67 P. 3d 518 (Wa. Ct. App. 2003)
E.A.J., then age 13, was charged with using force to sexually assault a 5 year old girl who knew and trusted him. Dr. Robin Ladue testified that E.A.J.'s family history, intellectual ability and behavior indicated that he might have FAS or FAE. 67 P. 2d at 523. She also testified that he needed prolonged treatment, and recommended that E.A.J. remain in the community during treatment, rather than being jailed.
The appeal concerned an unrelated issue about the interpretation of a plea bargain that had been entered into between E.A.J. and the prosecution.
2003 WL 2240513 (Cal. App. 5th)
This is a juvenile proceeding against Michael A., then 13 or 14. At the request of the defense, the court granted a continuance so that a psychologist could determine if Michael was competent to understand the proceedings and cooperate with counsel.
The psychologist concluded that there was a gross inability to assist counsel. The bases of the conclusion included the fact that Michael had been diagnosed with FAS.
The trial court, without holding a hearing, ruled that Michael was competent to stand trial. The appellate court reversed, holding that the trial court was required to hold a hearing on Michael's competency to stand trial.
2003 WL 23096999 (Cal. App. 3 Dist.)
The opinion describes a long history of sexual offenses or misconduct beginning when Michael F. was three, and continuing until the current proceeding, which occurred when he was 17.
35 F. Supp. 2d 34 (D.Mass. 1999)
Shaun D. was initially a student in the Mohawk Trail Regional School District. He had a number of behavioral problems, including FAS, post-traumatic stress disorder, and pedophilia. Because of those problems Shaun was eligible for special education under the federal Individuals with Disabilities Education Act. For a number of years Shaun was part of a specially structured education program in the Mohawk Trail schools, including constant line-of-sight adult supervision.
Shaun's out-of-school behavior deteriorated, and he was placed in the Whitney Academy, a residential school for mentally retarded children with sexually offending behavior. The question in the case was whether the Mohawk Trail School District was obligated to pay the costs of the Whitney Academy. The School District argued that the primary reason that Shaun was there, his sexually offending conduct, was not an educational need, and that the IDEA did not require that placement. The court held that treatment of that conduct was sufficiently connected with educational programs that the School District was financially responsible for the cost of the Academy.
1995 WL 562253 (Del. Super.)
Morris, then age 23, was convicted of sexually abusing an 11 year old girl and an 8 year old boy.
In imposing a lengthy sentence, the court expressed concern that he would be a "sexual predator" when he was released from custody. The court denied a motion to reduce the sentence, explaining that the motion "does not begin to address Defendant's life-long problems. Nor does it provide a plan for Defendant's future, commensurate with the level of his problems and the risk he poses to the community." 1995 WL 562253 at *1. This appears to suggest that the court would have been willing to consider a shorter period of imprisonment if the defense had proposed some plan for treatment and effective monitoring.
The court also expressed concern about the failure of the state to help Morris earlier in his life.
1995 WL 562253 at *1.
This case appears to illustrate how a state's failure to deal with the problems of FAS in childhood can cause serious harms once the individual reaches adulthood.
1999 WL 305229 (Wa. App. 2d)
Upon completion of Nicholas' term of confinement for assault with sexual motivation, the state brought this action to have Nicholas determined to be a sexually violent predator and to have him committed to the custody of the Department of Social and Health Services until he was "so changed that [Nicholas] is safe to be conditionally released to a less restrictive alterative or unconditionally discharged." The trial court ordered that Nicholas be so detained, and the appellate court affirmed.
The appellate court's opinion states in part:
1999 WL 305229 at *3.
[1999] Y.J. No. 57 (Yukon Territorial Court)
Full text available on Westlaw, 1999 Carswell Yukon 99 [1999] Y.J. 57.
Sexual Offenses
Par. 4. During the seven years that followed T.J. was for a time confined to juvenile institutions, and then returned to the custody of his adoptive mother. There were no further complaints of sexual misbehavior.
Also, see paragraph 12 quoted below.
Symptoms of FAS/FAE
10--. . . FAS is the leading cause of mental retardation in North America . . . . [T]he intellectual impairment is not a matter of developmental delay but reflective of the underlying, permanent brain damage suffered by the FAS patient while in utero.
11--Accompanying the mental deficits is a variety of behavioural and developmental deficiencies. The cognitive processes that most people use to regulate their conduct and to adapt to their social environment are located primarily in the anterior frontal lobe of the brain. The effect of alcohol on the fetal brain is such that this region does not develop sufficiently to allow the FAS individual to appropriately control his or her actions. As such, FAS patients tend to be impulsive, uninhibited, and fearless. They often display poor judgment and are easily distracted. Difficulties in perceiving social cues and a lack of sensitive often cause interpersonal problems.
12--FAS patients have difficulties linking events with their resulting consequences. These consequences include both the physical, e.g. getting burned by a hot stove, and the punitive, e.g. being sent to jail for committing a crime. Because of this, it is difficult for these individuals to learn from their mistakes. Lacking sufficient cognizance of the threat or fear of consequences, the FAS patient is less likely to control his or her impulsive behaviour. Similarly, FAS individuals have trouble comprehending that their behavior can affect others. As such, they are unlikely to show true remorse or to take responsibility for their actions. . . .
14--FAS patients tend to come from unstable family situations. Nearly one-third of FAS children never live with their biological mothers. They are either given up for adoption at birth or abandoned at the hospital. A recent study showed that, on average, an FAS child will have five different principal residences. . . .
16--By the time the FAS child reaches adolescence, school has become a significant source of frustration. The inability to master basic skills in earlier grades makes the ordinary tasks required at the high school level essentially impossible for FAS youth. This, coupled with the on-going issues of social maladaptation and lack of recognition of consequences, makes for an inhospitable learning situation predicated largely on failure. A recent study found that 60% of FAS youth are suspended from, expelled from, or dropped out of school. . . .
17--Troubles at school tend to diminish the FAS youth's self esteem and to alienate him or her from the main peer group. The highly social FAS youth is then prone to seek out friendship and acceptance with 'the wrong crowd.' . . .
18--Individuals with FAS experience high rates of offending. One study showed that 61% of FAS adolescents had run afoul of the law at least once. Most frequently, this involves shoplifting and theft. A recent study in Saskatchewan estimates that as many half the young offenders appearing in provincial court suffer from FAS. the study found that FAS offenders were rarely motivated by malice but were more likely to have been exploited by smarter, more savvy criminals. Ironically, FAS offenders tend to make model prisoners because they respond well to the structure environment. . . .
19--As adults, a significant number of those patients with severe FAS will never be able to live independently or obtain gainful employment. Those who possess sufficient skills to obtain employment are at greater risk of termination for unacceptable job performance, inattention to detail, and/or absenteeism. . . .
20--FAS children are very demanding and needy in their school environments and, as mentioned earlier, this tends to result in school suspension and expulsion. Within the child welfare system, FAS children utilize a disproportionate share of resources and are often shuffled over to the Young Offenders system. As adults they often end up living on the street or in jail due to a dea[r]th of homes which provide semi-independent living."
Paragraph 9 is incorrect in one detail. FAS is not at the more severe end of the disabilities caused by maternal use of alcohol; rather, FAS is associated with affected individuals who have certain facial abnormalities. Among the entire population with FAS or FAE, the cognitive impairments among those with FAS is not significantly higher than among those with FAE.
2001 WL 15926 (Wis. App.)
Storzer was convicted of sexually assaulting his roommate at the Eau Clair Academy, a private Wisconsin treatment facility for adolescents with behavioral problems. At the time Storzer was 16 years old, and his roommate was 12. Storzer apparently had a record of inappropriate sexual conduct with other children. Storzer had an IQ of 79, and the mental abilities of an 11 year old.
The court sentenced Storzer to 20 years in prison. It held both that the record did not show that Storzer was a pedophile, and that he presented a danger to young children if released to the community.
The facts stated in this opinion suggest that a 16 year old offender with a history of inappropriate sexual conduct with children was placed in a room with a 12 year old roommate. It is unclear why Storzer was at Eau Claire in the first place, or how much Eau Claire Academy officials knew about his history and problems.
222 Mich. App. 160, 564 N.W. 2d 903 (Ct. App. 1997)
W. pled nolo contendere to several counts of unlawful sexual contact with a child.
The sentencing judge was aware that W. had FAS. At the initial sentencing hearing, W.'s defense counsel had and referred to several psychological examinations, but evidently did not actually provide the court with copies of at least some of them. The judge initially sentenced W. to 2-15 years in prison.
Thirteen days later, W.'s attorney filed a motion to alter the sentence, and this time attached the psychologist reports that had not been provided earlier. Two weeks later the trial judge granted the motion, and reduced the sentence to 90 days in jail and 5 years of probation. the judge ordered that W. spend 150 days on the "tether program" and undergo outpatient therapy. 222 Mich. App. at 182-83.
The prosecution appealed. The appellate court held that under Michigan law the trial judge had no authority to modify his original 2-15 year sentence.
This case is important, not because of this legal issue, but because it illustrates the impact at sentencing of a more detailed exposition of the significance of FAS/FAE. The trial judge concluded that that exposition warranted a far lower sentence; the appellate court did not disagree, but held only that the trial judge could not change his mind after he handed down the first sentence.
The dissenting opinion in the appellate court quoted extensively from the materials that persuaded the trial judge to impose the lower sentence (later overturned solely on procedural grounds).
The materials on which the trial judge relied in reducing the sentence included in particular an affidavit from Dr. Ann Streissguth. That affidavit identified several distinct reasons why imprisonment was an inappropriate sentence.
(2) "Rehabilitation will be virtually impossible because if therapy is available at all, it would most likely be cognitive-type group therapy. This would almost certainly have little positive impact on Mr. W. and could actually be counterproductive. For an FAS individual, traditional group therapy generally causes additional confusion in a setting which will already be virtually impossible for him to function in." 564 N.W. 2d at 912.
(3) "Persons with FAS become targets for mental, physical, and sexual victimization within the prison population." 564 N.W. 2d at 912.
(4) Despite the FAS, "[W. has] achieved nearly unprecedented life goals such as his regular job as a dishwasher, no previous court intervention, and no observable secondary psychological problems. . . . If he survives prison, . . . the qualities which have caused him to be an example of how well FAS children can function if raised in a structured and affectionate environment, will be lost or severely minimized." 564 N.W. 2d at 912.
(5) "[I]t is very likely that he will learn and internalize deviant sexual behaviors in the prison setting. Incarcerating Mr. W. makes it much more probable that he will be a repeat sex offender than placing him back into his parents' home." 564 N.W. 2d at 912.
Sexual Offenses
There was a sharp disagreement between state probation officials about the appropriate sentence. The probation officer who actually interviewed W. recommended no prison time at all. Another more senior officer urged a sentence of 3 1/2 years, insisting that W. was a pedophile. 564 N.W. 2d at 911.
Two experts disagreed with that characterization. Dr. Streissguth concluded that the "clinical diagnosis of pedophilia is not likely to be supportable in [W.'s] case, given his level and mode of intellectual functioning." 564 N.W. 2d at 912.
Dr. Steven Miller concluded that W. did not have "sufficient emotional maturity and mental ability to be diagnosed as a pedophile." 564 N.W. 2d at 913. Both Streissguth and Miller concluded that the particular type of activity for which W. had been convicted did not support a diagnosis of pedophilia. 564 N.W. 2d at 912-13; see 564 N.W. 2d at 904-05 and n. 1 (describing conduct).
Dr. Miller concluded that "the organic brain damage caused by Fetal Alcohol syndrome excludes the possibility of . . . premeditation and planning." 564 N.W. 2d at 182. This would be important in a case in which an individual with FAS/FAE was charged with a crime in which premeditation was an element.

subset: commoncrawl


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We have a lot of frames but we don't have a 25mm and of course, we now need a 25mm. So if anyone has a 25mm frame they are not using let's talk.
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Gonna bump this one more time before I pull our pennies together for a new one.
Do you have the base for this size?
Hey Ruth, ok I checked-- this has a Dedy plate and we have a 20mm & 30mm but lacking that in between size has caused consternation. ;-)
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This short documentary is part of the Science and the Top of the World series, which profiles the eco-systems of the Canadian Arctic and the people who study, monitor, and live in them. In this vignette, researchers battle with extreme cold and they conduct water-sampling experiments in the recently melted waters of Wapusk National Park.
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JetBlue to try international route at White Plains
JetBlue is set to bring international service to New York's Westchester County Airport on Nov. 15.
That's when the carrier will begin flying from Westchester County to Nassau in the Bahamas. JetBlue will fly one daily round-trip flight on Embraer E190 jets.
RELATED: JetBlue profit falls as rising costs offset sales
Located in suburban White Plains, N.Y., the Westchester County Airport is located along the New York/Connecticut border about 35 miles north of Midtown Manhattan. As for Connecticut cities, the airport is about 20 miles from Stamford and about 40 from Bridgeport.
"JetBlue is excited to provide our Westchester and Fairfield County customers a simpler and more convenient way to access the Caribbean from their easy-in, easy-out local airport," JetBlue CEO Dave Barger says in a release. Fairfield is the name of the Connecticut county that borders the eastern edge of the airport.
Adding a nod to potential Connecticut customers within driving distance of the Westchester airport, Barger notes in the release that JetBlue's Bahamas service "will be offered just in time for customers to travel to the Bahamas to see the national champion UConn Huskies Men's Basketball team in action" at the Battle 4 Atlantis college basketball tournament that takes place there Nov. 23-27.
PRESS RELEASE: U.S. Customs Service celebrates 50th anniversary of preclearance operations
Nassau is one of the North American destinations to have "preclearance" Customs facilities that allow both inbound and outbound fliers to clear U.S. Customs.
From Westchester, Nassau will be JetBlue's sixth destination. The others are Fort Lauderdale. Fort Myers, Orlando, Tampa and West Palm Beach.
From Nassau, Westchester will be JetBlue's fifth route. The others are Boston, Fort Lauderdale, New York JFK and Orlando.


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Arizona Burn Center Awarded Grant From Avnet For Ditto™ For Children
NEW YORK, Dec. 24, 2012 /PRNewswire/ -- Arizona Burn Center at Maricopa Medical Center will now be using Diversionary Therapy Technologies' (DTT) innovative ditto™ device for pediatric patients in their Burn Unit. Avnet, Inc. awarded sponsorship of the ditto device to Maricopa Health Foundation in November and the gift was recently deployed.
(Logo: http://photos.prnewswire.com/prnh/20120124/NY41361LOGO-b )
(Photo: http://photos.prnewswire.com/prnh/20120124/NY41361-a )
"At Avnet, our charitable giving goals support children's issues, education and technology. Supporting the Maricopa Health Foundation request for funding for the ditto™ device, which is an interactive technology than can help children understand their medical procedures and reduce their anxiety, was an easy decision for us. Burn Centers provide critical services for patients during a time that can be very traumatic, so making this grant to the Pediatric Department at the Arizona Burn Center is even more rewarding," stated Teri Radosevich, Vice President - Community Relations at Avnet, Inc.DTT's ditto™ device incorporates the latest research that using distraction and educational techniques simultaneously lowers stress and anxiety prior to or during a procedure. This advancement draws upon augmented reality, a multi-modal sensory-based distraction medium that combines technology and therapy. Using an interactive touch screen, colorful marker keys and an automatic response to physical movement, the ditto™ engages patients, effectively averting their attention from a possibly negative experience. "We are excited to incorporate the ditto™ into our patient care routine," said Ruth B. Rimmer, PhD, Developmental Psychologist at the facility. "Using the ditto™ to ease anxiety in pediatric patients is not only helping to improve the child's long-term outcome but helpful to clinicians so they can best perform a procedure." The ditto™ looks a lot like a traditional video game console and includes a variety of interactive games, stories and procedural preparation tools. The handheld, waterproof device is portable and easy-to-operate for children of all ages. Unlike commercial video game devices, ditto™ is proven to reduce stress and anxiety, lower treatment times, and improve patient outcomes.
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South Central Regional Music Conference | Lagniappe 2-22-11
7:19 minutes (6.7 MB) Download
The conference takes place this week in Monroe. SCRMC Executive Director Mark Walker shares about the purpose of the conference and highlighted events. The conference concludes Saturday evening with a special performance from 'Blue Lou" Marini, saxophonist with the 'Blue Brothers Band' and member of 'Blood, Sweat and Tears'.
Air Date: Tue, 02/22/2011


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O.C. immigration-rights activists played a role in the law's beginnings.
LOS ANGELES – Gov. Jerry Brown signed a bill Thursday that will allow undocumented immigrants to obtain driver's licenses. The law has roots in Orange County.
Flanked by immigrant-rights activists, elected leaders, undocumented residents and other supporters, Brown penned his signature to legislation permitting an estimated 1.4 million people in California who either arrived illegally or overstayed their visas to receive driving privileges.
"No longer are undocumented people in the shadows. They are alive and well and respected in the state of California," Brown said during the ceremony outside City Hall.
The governor called it a historic day. So did other speakers.
The history dates back to 1993, with passage of a law that required residents to provide a Social Security number for a driver's license.
At the time, anti-illegal-immigrant sentiments were running high in Orange County and throughout the state. Led by Orange County activists, voters approved a ballot initiative in 1994 to prohibit undocumented residents from social services, including public school education and health care. Prop. 187 was overturned by a federal court.
While one faction was working on Prop. 187, the opposing side began looking for a way to address the loss of the driver's licenses.
One person credited Thursday for the law's passage was Nativo Lopez, the pro-immigrant rights activist who formerly headed Hermandad Mexicana, Latinoamericana and the Mexican American Political Association.
"Thank you Nativo Lopez," L.A. City Councilman Gil Cedillo called out to Lopez, who was sitting among hundreds of supporters behind the elected leaders.
Cedillo said Lopez first brought the idea to him to champion a driver's license bill.
While Cedillo was in the Assembly, he brought up the bill so often that he was nicknamed "One Bill Gil."
"The idea was really born in the community," Lopez said in an interview. "We were looking for someone to turn the clock back and couldn't find anyone with courage."
Cedillo was running for Assembly. "We told him, if he committed to this, he would enjoy our support, and he did," said Lopez.
It was the first bill that Cedillo introduced as a new assemblyman. Since then, there have been ups and downs with the proposed law. Assemblyman Luis Alejo, D-Salinas, picked up the bill when he arrived in Sacramento.
Lopez also gave credit to several other Latino activists, including the late Bert Corona, another Hermandad leader from L.A. Last year, the longtime Santa Ana activist announced he would step away from public life.
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- Wellesley College Botanic Gardens
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Shade Garden
The Shade Garden hides behind the grouping of Myrica pensylvanica, northern bayberry, at the back of the Butterfly Garden.
It was planted in the spring of 2011 after covering the grass with multiple layers of newspaper and mulch to suppress growth of weeds and grass. The plantings in this garden represent shade-tolerant plants that have variegated or colorful leaves, many of which are evergreen so that the garden does not disappear during the winter as a collection of hosta does. We are trying to use as many native plants as possible and these are labeled as such with the letter "N" on the signage.
A group of shade-tolerant ground covers are being planted under the group of large oak trees on the hill behind the conifer garden. Both Tiarella, foam flower and Asarum canadense, Canada wild ginger have been installed to date, plus several patches of Hyacinthoides hispanica, Spanish bluebell or wood hyacinth.
Photos by Mary D. Coyne


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David Maharaj, who reads LRC in Canada, writes that "The Canadian government is playing peek-a-boo with offshore cash. Using a report by Boston Consulting that reveals some $10 trillion worldwide has been secreted in offshore accounts to avoid taxation, the Harper goon-squad has decided to 'come down hard' on so-called 'tax cheats.'
To that end, "they've "introduced an international snitch line, and the reward of a 15% cut of any and all money recovered that was kept hidden in a offshore account."
Hilariously, "the first 'offender' caught in their wicked net is a politician, Pana Merchant, who had a cool $1.7 million stashed away in the Cook Islands…" Wouldn't it be terrific if they contented themselves with stealing Pana's ill-gotten loot and left honest folks alone? Alas, I am an eternal optimist.
David astutely concluded, "This is our money, but yet we have to hide it from thieves who come in full force to steal their 'fair share.' The crooks and criminals are writing the rules. … In my worldview, 'tax cheats' are heroes." Indeed they are! Every dime they save from their respective governments is one less for the State to waste on victimizing us with its lies, murders and thugs.9:23 am on April 10, 2013 Email Becky Akers


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The 20/20 Experience: Futuristic Soul
In past sketches on "Saturday Night Live," Justin Timberlake has played a smack-talking mascot, a member of the Bee Gees and a cad who gift-wraps his privates. When he hosts the show for the fifth time Saturday, he'll be returning to his most anticipated role: Justin Timberlake, pop singer.
It has been almost seven years since the 32-year-old star released his last album, a smash that sold nine million copies and introduced the catchphrase "bringing sexy back." After taking a break from music to throw himself into acting, entrepreneurship and tech investing, Mr. Timberlake will release his third solo album, "The 20/20 Experience," on March 19.
The response will determine whether the hiatus has worked for or against him. Seven years is long enough for a whole crop of Biebers and Gagas to spring up, and for many of Mr. Timberlake's former teen followers to reach adulthood. He's also confronting a Catch-22 of music stardom: The fans who were most impatient for a follow-up to his dance sound could be left cold by the grown-up R&B he's embracing now.
Promotion for "The 20/20 Experience" has taken the form of a smart-bomb attack, targeting a handful of the biggest outlets for exposure, especially on television. Last month he appeared on the Grammy Awards, not as a nominee but as the only performer pushing brand-new material. He did two songs and appeared in two commercials for his corporate partners, Target TGT -0.41% (selling a deluxe version of his album) and Anheuser-Busch (he is "creative director" of its Bud Light Platinum brand).
Next week, after his "SNL" gig, he's scheduled to appear five consecutive nights on "Late Night with Jimmy Fallon." These two TV series have probably been more important to the momentum of Mr. Timberlake's career than anything he did during the interim between records, including acting in such movies as "The Social Network." On "SNL," he stepped out as a comedic actor who happened to moonlight as a straight-faced singer and dancer. Viral hits helped spread that image, including "The History of Rap," a series of medleys from Mr. Fallon's show.
For Mr. Timberlake, a Mouseketeer before he joined boy band *NSYNC, the rigorous training of his youth was money in the bank. "SNL" creator and executive producer Lorne Michaels says the singer is a now-rare breed he recalls from working on variety shows such as "Laugh-In" in the 1960s: "Before the music business changed and singers went into arenas, there were people who came out of nightclubs who could sing and dance and do comedy." Of Mr. Timberlake, he says, "In another life, he might have been Dean Martin." For Saturday's show, the singer asked to revisit a 1990 sketch in which Tom Hanks was admitted to a posh Five-Timer's Club, where fellow repeat hosts Paul Simon, Steve Martin and Elliott Gould presided in smoking jackets.
Mr. Timberlake already threaded one needle with his transition from a teen pinup to the club-crawler of his 2006 release, "FutureSex/LoveSounds." The new album presents the recently married singer as more of a sophisticate in black tie, with a throwback sound that references Donny Hathaway and Al Green. Staticky touches from co-producer Timbaland help give the music a sheen of "futuristic soul," as it is described by Peter Edge, chief executive of RCA Records, Mr. Timberlake's label.
Based on the handful of songs the singer has made public so far, some critics have complained that he's playing it too safe with this brassy, retro sound. Another view is that he's ahead of a trend. "If you look at music cycles, every 10 years it repeats. We're now leaving the dance-pop phase that he helped usher in" in 2006, says Guy Zapoleon, a senior vice president at Clear Channel radio, which is doing an album-release event with the artist.
Despite the long dry spell between records, the new material was rolled out relatively quickly. Mr. Timberlake finished the album just before Christmas. To avoid trying his fans' patience any longer—or risking online leaks—he wanted to put out the whole album right away, says manager Johnny Wright says. Instead, an online countdown clock led to the Jan. 14 release of one song, "Suit & Tie." The debut was also used to draw attention to the redesigned social network MySpace. (Mr. Timberlake is a part owner.)
The fast-track release campaign reflects how much has changed in the business since the singer's *NSYNC days. That band's peak in 2000—when in one week it sold 2.4 million copies of the album "No Strings Attached"—coincided with the last hurrah of the pre-Napster industry. Even when "FutureSex/LoveSounds" came out, physical record stores were still entrenched. "We used to drive by at midnight and see the people lined up," recalls Mr. Wright, Mr. Timberlake's manager since the singer was 13.
It's almost certain that "The 20/20 Experience" will debut with strong numbers: Advance sales of the album are on par with preorders of the biggest releases of the last year, Mr. Edge says. But in recent years, even anticipated albums by established acts have fallen off quickly after big debuts.
To keep up the pace, Mr. Timberlake will reserve his marketing ammunition. "He won't be doing every chat show and appear to be schlepping," Mr. Edge says. One high-visibility appearance on his calendar that's not available to every music star: a 12-city stadium tour with co-headliner Jay-Z.
source: wsj
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May 26th, 2013 at 10:02 pm
It has grown to be mandatory that banks and finance institutions follow a
regular information security process in order that the large amounts of customer data along with internal information
is securely stored and used for various marketing and operational purposes.
A life without cellphone will become miserable today.
Technically designed bulk sms software broadcasts all types of personal or business texts with delayed delivery feature to
reduce or reduce the load of sms broadcasting.


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Product Review (submitted on June 16, 2013):
I was disappointed that you didn't have the air filter or the fresh fruit and vegetable filters in stock. You should carry the complete filter package, it's much cheaper than buying them all separately.
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Time, Inc. has set up a demo space in its office to show how the magazine looks on today's new-fangled MOBILE DEVICES. "The baristas at TIME Inc.'s newly installed TECH BAR, designed by our client Conant Architects, are serving up the company's digital media assets on iPads, iPhones, Kindles and BlackBerrys as a way to integrate and educate employees and stakeholders on the company's technological developments and future media goals." More like Apple's Genius Bar than a Starbucks or The Magician, but we like this idea.
Follow Adrianne Jeffries on Twitter or via RSS.


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How Well Do You Know A Charlie Brown Christmas?
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10 Reasons Why Charli XCX Is The Most Exciting New Pop Star Of 2014
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We Award The Biggest And Best Music Videos Of 2014!
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December 2nd, 2012
Whether you're Ready or Not, we got Bridgit Mendler getting ready for you and everyone else to perform at The Big Jingle that's going down today at 4:30E at the Air Canada Centre in the heart of Toronto. Are you coming? Tweet us @MuchMusic and tell us! Bridgit will be sharing the stage with other breakout stars like Sky Blu, Carly Rae Jepsen, Shawn Desman, and many more!
And if you don't have tickets to the biggest holiday music event of the year you can watch The Big Jingle LIVE online right here at MuchMusic.com today starting at 4:30E/1:30P!
Tags: Bridgit Mendler, The Big Jingle, the big jingle photos
Posted on Sunday, December 2nd, 2012 at 1:45 pm by Aimee and is filed under Blog, Celeb Life, Concerts & Events, Music, News, The Big Jingle.Tweet


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Results tagged ' Yankee Stadium '
Baldwin and baseball
Actor Billy Baldwin is certainly a recognizable face after starring in such films as Backdraft, Sliver and Fair Game, but on Friday he was just another fan of the New York Yankees taking in the National Baseball Hall of Fame and Museum experience with his family.
A member of the famed acting clan that includes brothers Alec, Daniel and Stephen, Baldwin lives in Santa Barbara, Calif., but is spending part of the summer in Skaneateles, N.Y., near Syracuse. When the opportunity arose he jumped at the chance to visit Cooperstown with son Vance, a brother-in-law and two nephews.
"Last year I said, 'We're going to Cooperstown while we're in Skaneateles,' but we never got around to it," he said while walking to lunch. "This year I said, 'I'll be darned if I come up here for another two or three years and we don't get there. I am going this year.'"
Before they saw the Museum, Baldwin and his family would receive a behind-the-scenes from Senior Curator Tom Shieber, where the actor was able to hold the bat used by Ted Williams to slug his final home run. Baldwin was certainly impressive in his knowledge of the history of the national pastime, whether it be marveling at the home run prowess of Babe Ruth when measured against the other teams in the league or explaining how Joe DiMaggio's homer production was hampered by playing his home games at Yankee Stadium.
Baldwin, who unabashedly admits to balling his eyes out when he watches Kevin Costner play catch with his dad in Field of Dreams, also explained his love of the game that is also evident in his son.
"I don't know how to articulate it … It's weird because I consider myself a big baseball fan but I'm not one of those guys who sits down with a pad and pen and does all the stats of every game," Baldwin said. "I'm a huge baseball fan and I'm a diehard Yankees fan and probably watch or listen to a portion of about 100 games a year.
"But if there's such a thing as having a metronome for your life, for me it starts with pitchers and catchers and goes all the way through October, hopefully with the Yankees in the postseason," he added with a grin. "In these trying times with the economy not doing well and all sorts of struggles across the country and around the globe, I don't want to be constantly reminded of all the tough stuff that's going on. I find that the number one anecdote for that for me is baseball."
Thanks to a father who once was an usher at Brooklyn's beloved Ebbets Field, the Baldwin brothers were exposed to the game at a young age. But Billy Baldwin, with a famed wrestling coach living nearby, eventually turned his attentions to the mat.
"Growing up my favorite game was baseball, and I was best at baseball, but I made a mistake when I was in 10th grade," he recalled. "I ran with this posse of guys on my wrestling team and we all gave up everything we were doing to wrestle all year and I walked away from baseball.
"Obviously, I have the build of a small basketball player or a baseball player or a tennis player and not a wrestler," he said jokingly. "I was a pretty good wrestler – I won more than I lost – but I was just more of a natural baseball player. I should have stuck with it."
As for which of the Baldwin brothers was the best baseball player, Billy claimed it was pretty close between him Daniel, who he said had "kind of like a Boog Powell type of build" before laughingly sharing stories of concussions the older sibling inflicted on him during childhood.
Bill Francis is a library associate at the National Baseball Hall of Fame and Museum.
King Juan reigns in New York
By Craig Muder
He strolled through the Yankee Stadium press box Monday evening with a smile that made you stop and take notice.
Juan Marichal turns 73 on Wednesday, but everything about him seems young and vital. He is a living link to baseball's past – and still very much a part of its future.
Marichal is at the American League Championship Series as a broadcaster for ESPN Deportes. He'll remain in the role through the World Series.
The Hall of Fame pitcher, who posted a 2.25 earned-run average in a pair of postseason starts for the Giants during his career, witnessed first-hand the brilliance of Cliff Lee on Monday night. In many ways, it must have been like looking in a mirror.
The right-handed Marichal was the Lee of the 1960s – a strike-throwing machine who piled up huge strikeout numbers while issuing virtually no walks. Marichal led the National League in strikeout-to-walk ratio three times, issued less than two walks per nine innings pitched and finished with a career K/BB ratio of 3.25, the 28th-best figure of all time.
Lee, the Texas Rangers' smooth lefty, led the American League this season with an other-worldly K/BB ratio of 10.28 and has a ratio of 3.10 during his regular-season career. In the postseason, Lee's ratio is 9.4 strikeouts to walks in eight career games.
As for Marichal today, he'll broadcast the action this postseason to legions of fans who not only follow Lee but also the tremendous Latin American stars on the ALCS field like the Yankees' Robinson Cano and the Rangers' Neftali Feliz, both of whom are from Marichal's native Dominican Republic.
Then there's Texas' Vladimir Guerrero, another son of the Dominican who appears on track to join Marichal in the Hall of Fame sometime in the next decade.
Marichal, the first Dominican Republic native to be elected to the Hall of Fame, paved the way for all of them. And the greatness of the Dominican Dandy remains obvious to anyone fortunate enough to cross his path.
Craig Muder is the director of communications for the National Baseball Hall of Fame and Museum.
A short hop to Cooperstown
By Craig Muder
Several future Hall of Famers will likely take the field in tonight's Game 3 of the American League Championship Series at Yankee Stadium.
But ironically, it's another Cooperstown candidate – one who's not a part of this postseason – who had everybody talking on Sunday.
Elvis Andrus' stellar play in the first two games of the ALCS has both managers raving about the 22-year-old Venezuelan shortstop. Andrus' accomplishments have drawn comparisons to another Venezuelan star – Omar Vizquel – who made the postseason his own personal showcase.
Yankees manager Joe Girardi left no doubt that he believes Vizquel – who spent the 2010 season with the White Sox and is just 201 hits short of 3,000 for his career – is worthy of a bronze Hall of Fame plaque.
"Omar Vizquel, I believe, is a future Hall of Famer," Girardi said at Sunday's Workout Day press conference at Yankee Stadium. "Now we have another young Venezuelan shortstop in Elvis Andrus who's doing something similar.
"He may not be hitting the ball out of the ballpark, but – just like Omar – when he gets on base it creates issues."
Andrus is batting .355 in seven postseason games this year with five runs scored and five stolen bases. Much of the maturity shown by the second-year Rangers' star can be traced to Vizquel, who played with the Rangers in 2009 when Andrus was a rookie.
"I don't think there's any doubt that Omar helped Elvis during his first season," said Rangers manager Ron Washington. "We were fortunate to have someone like Omar on this team."
Vizquel, who will be 44 next April, has played 22 big league seasons but shows no signs of nearing retirement. But if he does not play in another big league game, he would be eligible for Hall of Fame consideration in 2016.
Andrus, meanwhile, appears on his way to extending the tradition of great Venezuelan shortstops – a tradition that includes Luis Aparicio, Davey Concepcion and Vizquel.
Craig Muder is the director of communications for the National Baseball Hall of Fame and Museum.
Worth watching
By Bill Francis
A familiar face from PBS's popular show Antiques Roadshow for 14 years made a non-televised but nonetheless enlightening appearance at the 22nd annual Cooperstown Symposium on Baseball and American Culture this week.
Leila "Lee" Dunbar can often be seen appraising sports memorabilia on the long-running television show – she has provided more than 2,000 verbal appraisals on more than 50 segments – but Thursday afternoon in the National Baseball Hall of Fame and Museum's Bullpen Theater she presented a talk titled "Stories in Hand – Baseball History Told Through its Memorabilia." Before a full house, Dunbar talked of her life and the road she traveled to become a professional appraiser of pop culture memorabilia, including sports. Interspersed was the detective work often involved as well as stories of intriguing baseball items she has been involved with over the years.
"The Cooperstown Symposium is great because it gives a lot of different viewpoints, a lot of different nuances of history, a lot of stories that you don't get to hear in the mainstream," Dunbar said after her presentation. "One of the things about baseball is that no matter how much you know, there's a lot more that you don't know. And I've learned so much just in a day. It's been just fantastic, and you meet a great group of people.
"People with different viewpoints is fantastic because in my world, normally, I'm either meeting people who have items, so they are what I would call 'civilians,' or I know other appraisers, and we discuss things from a slightly different point of view," she added. "So the people that I meet here are not looking at this as a business, they're looking at it as a purely historical exercise of deepening knowledge and understanding and I appreciate that, I appreciate that passion."
Besides her work on TV, Dunbar's company, Leila Dunbar LLC, provides all types of written appraisals for insurance, donation, estate tax, divorce, etc. Prior to opening her own business in July 2008, she served as senior vice president and director of Sotheby's Collectibles department.
"One of the great things about the Symposium is that it has scholars, it has journalists, it has curators, and it has collectors. Me as an appraiser and having been in the business of actually buying and selling memorabilia, auctioning memorabilia, I look at objects in a variety of ways," Dunbar said. "One, I look at is what's the price, what's the value? Be it a replacement value, be it value for estate tax or donation. So I have to think in that regard. But the only way you can get to that number is to do many of the same things that the others do, which is to do your research and then be able to think quantitatively about that research."
According to Dunbar, she had very little choice when it came to her affection for the national pastime. While admitting to loving all sports, baseball's her favorite because it's what she grew up while being exposed to the most intense rivalry in the game.
"I was very lucky. I grew up with a love a baseball on both sides of my family," she said. "My grandfather is an Episcopalian minister in New York who had tickets to Ebbets Field, the Polo Grounds and Yankee Stadium and idolized all the Yankees. And my mother, a big baseball fan, was actually a member of the knothole gang for the Boston Braves, and to this day I have all these aunts in their 70s, 80s and 90s who all watch, curse or cheer on the Red Sox depending on how well they're doing."
As for the institution that was hosting the Symposium, Dunbar had only high praise.
"I think the Baseball Hall of Fame is the ultimate repository of baseball memorabilia, and one that's able to continually play a role in deepening the understanding of baseball and its history."
Bill Francis is a library associate for the National Baseball Hall of Fame and Museum.
A trip through time
By Craig Muder
Whitey Herzog leaned forward in his chair to get a closer look at the outfielder crashing into the Yankee Stadium fence.
"I ended up with 57 stitches, but I caught that ball," said Herzog. "To this day, Yogi still reminds me that he would have had 359 career home runs if I had just let it go."
The photo, part of the collection of more than 500,000 at the National Baseball Hall of Fame and Museum, showed Herzog as a Baltimore Oriole right fielder in 1961 as he robbed Yogi Berra of a hit. It will be a one of many stories told again this summer as Berra – along with more than 50 other living Hall of Famers – helps welcome Herzog into the Hall of Fame.
Herzog took his Hall of Fame Orientation Tour on Monday in preparation for his July 25 induction. Along with Andre Dawson and Doug Harvey, Herzog will be enshrined as the Class of 2010 in Cooperstown.
Monday's tour gave Herzog a chance to look behind the scenes at the Hall of Fame, and the former reserve outfielder for the Senators, Athletics, Orioles and Tigers seemed overwhelmed when he considered his surroundings.
"You know, I got a bigger bonus than Mickey Mantle when I signed with the Yankees," said Herzog, who began his playing career in 1949 as a Yankee farmhand. "That's the only time I ever made more money than Mickey."
However, as a manager, Herzog had few peers and was widely regarded as one of the best in the game. Herzog led his team's to six postseason berths in 18 seasons, winning National League pennants in 1985 and 1987 with the Cardinals and the 1982 World Series with the Redbirds.
He is just the 19th former big league manager elected to Cooperstown.
Craig Muder is director of communications for the National Baseball Hall of Fame and Museum.
Old rumors become new at Hall of Fame Library
By Trevor Hayes
Rumors are nothing new to baseball.
But no matter how unsubstantiated they may be or at least may seem to be, they had to come from somewhere. Earlier this week we saw yet another example: Albert Pujols, arguably the biggest name in the game, considered in a trade for Ryan Howard, the slugging St. Louis native.
Both stars balked. They say haven't heard anything and the clubs aren't saying anything. When the report surfaced, it also spawned references to Joe DiMaggio for Ted Williams, another famous non-deal.
In 1946, the Yankees and the Red Sox both denied the idea – in the media at least. Combing through the Library at the National Baseball Hall of Fame and Museum, you can find a number of items about what could have been – a blockbuster that would "set the American League on its ear!" as Richard Ben Cramer put it in the DiMaggio biography "The Hero's Life."
The Sporting News headlines just before and during the 1946 World Series show both teams denying interest. But after trading Joe Gordon – another future Hall of Famer – to Cleveland, accounts hint the Bombers needed an overhaul with the Yankee Clipper on the trading block.
The dynamics of DiMaggio for Williams were much simpler than Howard for Pujols. Both pull hitters could have easily taken advantage of their new parks: Williams hitting into the short porch in right wearing pinstripes, and DiMaggio banging hits and lofting flies over the Green Monster in crimson stockings.
Gossip started swirling before the Series started, but denial on both sides all-but-signaled the death of the story. In the Oct. 16, 1946, Sporting News, Red Sox management said Williams wasn't for sale while the Yankees expressed a lack of interest.
That set the stage for one of the most inconspicuous conversations in baseball history at Toots Shor's in New York City. Sometime in December 1946, the future Hall of Fame executives of the two rivals sat down for a long night at the tavern. After several hours, Yankee owner Larry MacPhail proposed the swap to Red Sox owner Tom Yawkey. MacPhail said DiMaggio could play next to his brother, Dom, and let fly over the Monster – just 315 feet away. Yawkey suggested Williams could crush Ruth's record aiming at stands just 296 feet away. Before the night ended, the two shook – DiMaggio for Williams, straight up.
But the next morning, Yawkey called MacPhail to nix the deal. According to the book "The Era" by Roger Kahn, Yawkey said: "I can't do it. They let Babe Ruth out of Boston. If I let Williams go, the fans will crucify me."
Some versions of the story, like the one in "Emperors and Idiots" by Mike Vaccaro, say Yawkey tried to salvage the deal by asking for "the kid catcher from Newark" but MacPhail declared: "You're out of your mind," to throw in Yogi Berra, who would also be enshrined in the Hall of Fame.
It goes to show that you can never be sure about baseball rumors. Howard for Pujols? It could happen. DiMaggio for Williams almost did.
Trevor Hayes is the editorial production manager at the National Baseball Hall of Fame and Museum.


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Thursday, May 15 at 6:00 PM
Hey LAX Friends... your Chesapeake Bayhawks had a great time giving away tickets to the May 17 game against the Florida Launch at The Greene Turtle Annapolis from 6-8pm. Customers who bought a Bud Light were entered to win a ticket to the game. Lots of swag was given away, oh, and yes, people came and mingled with Hawkettes and reLAXed! We hope to see you next time!


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Statement on the Continuing Resolution that Defunds the Affordable Care Act
Ben Wakana, 202-225-5456
WASHINGTON, DC – Congresswoman Carol Shea-Porter issued the following statement after voting against H.J.Res.59, a partisan Continuing Resolution that would defund the Affordable Care Act:
"I agree with most Americans that we should keep the government open, but Speaker Boehner and House Republicans are threatening to shut it down unless Congress defunds the Affordable Care Act, a law that was passed by Congress, signed by the President, and upheld by the Supreme Court.
"Forcing the government to shut down over ideological battles could delay many vital government functions, such as processing military pay, veterans' benefits, and new Social Security enrollees. Furthermore, according to the Congressional Budget Office, repealing Obamacare would increase the budget deficit.
"This is an irresponsible political ploy. It's time to find common ground and stop holding Congress and the American people hostage."
A number of nonpartisan government officials and outside organizations have warned against the Republican threat of shutting down the government over funding for the Affordable Care Act:
US Chamber of Commerce: "It is not in the best interest of the U.S. business community or the American people to risk even a brief government shutdown that might trigger disruptive consequences or raise new policy uncertainties washing over the U.S. economy…Likewise, the U.S. Chamber respectfully urges the House of Representatives to raise the debt ceiling in a timely manner and thus eliminate any question of threat to the full faith and credit of the United States government…" [9/18]
Federal Reserve Chairman Ben Bernanke: "A government shutdown, and perhaps even more so a failure to raise the debt limit, could have very serious consequences for the financial markets and for the economy, and the Federal Reserve's policy is to do whatever we can to keep the economy on course. And so if these actions led the economy to slow, then we would have to take that into account, surely. … That being said, you know, again, our ability to offset these shocks is very limited, particularly a debt limit shock, and I think it's extraordinarily important that Congress and the administration work together to find a way to make sure that the government is funded, public services are provided, that the government pays its bills, and that we avoid any kind of event like 2011, which had, at least for a time, a noticeable adverse effect on confidence on the economy." [Reuters, 9/18]
Congressional Budget Office Director Douglas Elmendorf: "We have now started to prepare for the possibility of a shutdown at CBO -- taking time and energy that we'd otherwise spend in serving Congress more directly … At agencies that are larger and more complicated, the planning for the shutdown is much more involved." [CNN, 9/18]
Even Senate Republicans recognize that their colleagues' attempt to hold our economy hostage in a continuous failed effort to defund, undermine or repeal the Affordable Care Act is an unrealistic policy:
Sen. Lindsey Graham (R-SC): "That's a technical thing …But yeah, like 80 percent of [the Affordable Care Act] it is unaffected ... That seems to not resonate with anybody." [Huffington Post, 9/18]
Sen. John McCain (R-AZ): "It's a suicide note [to use the debt-ceiling measure to try to hobble the health-care law]… To think that somehow we are going to prevail in an argument to defund Obamacare is just the height of foolishness. The advantage rests with the president of the United States." [Business Week, 9/18]
Sen. Orrin Hatch (R-UT): "My personal belief is the only way to get rid of Obamacare is to be intelligent and smart about it and gradually just work on it, work it through. But to expect the government to shut down is not the way to do it." [POLITICO, 9/18]
Sen. Tom Coburn (R-OK): "I actually don't think it's a smart strategy to shut down the government as a method of defunding Obamacare. I think if you want to do it, do it on the debt limit, don't do it on shutting down the government because our economy is so precarious right now, and shutting down the government won't stop Obamacare one iota." [NewsOn6, 8/22]
Sen. James Inhofe (R-OK): "It's mostly symbolic. We want to have something out there so people continue to talk about it.... That's a way of keeping the issue alive.... It is something you have to keep doing because you have strong beliefs, and even if logically it isn't going to work out the way you want it, you still try." [National Journal, 9/17]


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AFTERMARKET AUTO PARTS ALLIANCE INC v. BUMPER2BUMPER INC et al
Filing 49
ORDER ON MOTIONS TO STAY AND TO AMEND SCHEDULING ORDER granting in part and denying in part 42 Motion to Stay; granting 46 Joint Motion to Amend Scheduling Order By JUDGE NANCY TORRESEN. (dfr)
UNITED STATES DISTRICT COURT DISTRICT OF MAINE AFTERMARKET AUTO PARTS ALLIANCE, INC., Plaintiff, v. BUMPER2BUMPER, INC., and BANGOR CAR CARE, INC., Defendants. ) ) ) ) ) Civil no. 1:12-cv-00258-NT ) ) ) ) ) ) ORDER ON MOTIONS TO STAY AND TO AMEND SCHEDULING ORDER Defendant Bumper2Bumper, Inc. moves to stay (ECF No. 42) pending an appeal of the temporary restraining order issued in favor of the Plaintiff, Aftermarket Auto Parts Alliance, Inc.1 The parties jointly move to amend the scheduling order. (ECF No. 46). For the following reasons, the Defendant's Motion to Stay is GRANTED in part and DENIED in part, and the Joint Motion to Amend the Scheduling Order is GRANTED. BACKGROUND On October 4, 2012, the Court issued an Order granting the Plaintiff's Amended Emergency Motion for Temporary Restraining Order. (ECF No. 32). Following a telephonic conference with counsel, the Court denied the Defendant's Motion for Reconsideration and Motion to Stay the Order pending reconsideration on October 11, 2012. (ECF No. 38). On that same date, the Court signed the The other Defendant, Bangor Car Care, Inc., has not joined in the Motion to Stay. In this Order, the Court refers to Bumper2Bumper, Inc. as the Defendant. 1 Temporary Restraining Order, as the Plaintiff had posted security in the amount of $15,000. (ECF No. 39). Based on the availability of counsel, and to accommodate their request to conduct limited discovery, the Court also scheduled a hearing on a motion for a preliminary injunction, to be consolidated with a trial on the merits, for December 11-12, 2012. (ECF No. 40). The Defendant filed a Notice of Appeal from the Temporary Restraining Order2 (ECF No. 41) and a Motion to Stay pending that appeal (ECF No. 42) on October 12, 2012. The Plaintiff filed a Response to the Motion to Stay on October 17, 2012 (ECF No. 47), and the Defendant filed a Reply on October 23, 2012. (ECF No. 48). The parties also filed a Joint Motion to Amend the Scheduling Order to complete discovery before the hearing and trial beginning on December 11, 2012 (ECF No. 46). DISCUSSION "The power to stay proceedings is incidental to the power inherent in every court to control the disposition of the causes on its docket with economy of time and effort for itself, for counsel, and for litigants." Landis v. N. Am. Co., 299 U.S. 248, 254 (1936); see Microfinancial, Inc. v. Premier Holidays Intern., Inc., 385 F.3d 72, 77 (1st Cir. 2004) ("It is apodictic that federal courts possess the inherent power to stay proceedings for prudential reasons."). "Of course, stays cannot be cavalierly dispensed: there must be good cause for their issuance; they must be reasonable in The parties dispute whether the Temporary Restraining Order is appealable. The Court declines to address that issue, leaving it to the First Circuit to decide. 2 2 duration; and the court must ensure that competing equities are weighed and balanced." Marquis v. F.D.I.C., 965 F.2d 1148, 1155 (1st Cir. 1992). "Stays of injunctive orders . . . are evaluated under the traditional four-part standard applied to injunctions." Acevedo-Garcia v. Vera-Monroig, 296 F.3d 13, 16 (1st Cir. 2002). "The considerations are: (1) whether the applicant has made a strong showing of success on the merits; (2) whether the applicant will be irreparably harmed absent injunctive relief; (3) whether issuance of the stay will injure other parties; and (4) where the public interest lies." Id. at 16 n.3. "In essence, the issuance of a stay depends on 'whether the harm caused [movant] without the [stay], in light of the [movant's] likelihood of eventual success on the merits, outweighs the harm the [stay] will cause [the non-moving party].'" Id. at 16-17 (quoting United Steelworkers of America v. Textron, Inc., 836 F.2d 6, 7 (1st Cir. 1987)). The Plaintiff argues that the Defendant cannot satisfy the four considerations because: (1) the Court has already determined that the Plaintiff will likely succeed on the merits; (2) the Defendant has not provided proof of irreparable harm, and the Plaintiff has posted security of $15,000; (3) a stay would harm the Plaintiff's goodwill and reputation; and (4) a stay would not be in the public interest because consumer confusion would continue. The Defendant counters that: (1) in granting the Temporary Restraining Order, the Court explained that there was insufficient evidence on four of the eight factors regarding likelihood of consumer confusion, only two factors clearly favored the Plaintiff, and the remaining two 3 factors favored the Defendant; (2) complying with the Temporary Restraining Order would be a "brutal" and "monumental" task involving "crushing" but nonetheless "speculative" costs to the Defendant's "booming business"; (3) the Plaintiff is a "titan" of its industry, and it has been "unscathed" during the year in which the Defendant has used the Plaintiff's name; and (4) the public interest favors the Defendant's "small, family-owned business." Reply at 4-6. In considering the parties' arguments, the Court notes that it offered to schedule an expedited hearing on a motion for a preliminary injunction after telephonic oral argument on the Plaintiff's Amended Emergency Motion for Temporary Restraining Order on September 12, 2012. (ECF No. 22). The parties then failed to reach a short-term agreement, necessitating a ruling on the Plaintiff's Motion for Temporary Restraining Order. During the telephonic conference on October 11, 2012, the Court again offered to schedule an expedited preliminary injunction hearing for late October or early November, but the parties declined because they wished to pursue limited discovery and the Defendant's counsel had travel plans. The hearing was thus delayed to the first date acceptable to all concerned, December 11, 2012, which is less than seven weeks from now. The Court has repeatedly indicated its desire to hear all of the evidence in order to make complete factual findings. Although the Court determined, on the basis of limited evidence, that the Plaintiff will likely succeed on the merits, the Court did not determine that the Defendant's chance of success is insignificant. The Court did not 4 assign numerical probabilities to each party's position, and it has not foreclosed the chance that, with sufficient evidence, the Defendant can succeed on the merits. Both parties claim that they will suffer harm, but the Court notes weaknesses in both claims. Although there is an opportunity for consumer confusion and injury to the Plaintiff's goodwill and reputation every day on which the Defendant continues to use the name Bumper2Bumper, the Plaintiff has known about the Defendant's use since March of 2012. The Plaintiff waited to file this case until August 24, 2012, having allowed at least five months of harm to elapse. The Court understands that time for investigation is needed prior to filing a lawsuit, but it questions the amount of time in light of the degree of alleged harm. As to the Defendant, the Court also finds indications that the alleged harm has become magnified as time has progressed. The Court attempted to measure the harm to the Defendant by ordering briefing on the issue of security. (ECF No. 24). The Defendant responded that, in order to change its name, it would have to spend several thousand dollars on signage and its online activities, and that it would lose the benefit of the money it had already spent on advertising over a year or longer. The Court then set the amount of security at $15,000 to take into account the Defendant's signage and Internet costs as well as costs that could result from the disruption in its advertising. In its Motion for Reconsideration, the Defendant cast the situation somewhat differently, stating that it would have to expend "vast amounts of time, energy, and money" to comply with the Temporary Restraining Order. (ECF No. 33 at 2). The Defendant characterized the necessary changes as 5 "legion," noting for the first time that it would incur costs for new stationery, corporate filings, state licenses and permits, license plate placards on its vehicles, and employee uniforms. (Id. at 3). In connection with its Motion to Stay, the Defendant now claims that a name change "could even drive a small business like [Bumper2Bumper] out of business." Reply at 3. Although the Court does not condone the manner in which the Defendant has steadily amplified its potential harm, the Court finds it appropriate to consider all of the information now before it in determining whether a stay is warranted. In light of the Defendant's chance of success on the merits, the Court concludes that the harm the Defendant will suffer in the absence of a stay outweighs the harm the Plaintiff will suffer with a stay in place. However, the Defendant's request to stay pending resolution of its appeal is more extensive than necessary. The appeal is likely to take considerable time to decide, and it would not be fair to the Plaintiff to stay this case pending a decision by the First Circuit. Therefore, the Court limits the stay until December 12, 2012, the date the hearing on the motion for preliminary injunction is set to conclude.3 The Court emphasizes that the next seven weeks of opportunities for consumer confusion and injury to the Plaintiff's goodwill and reputation is not trivial, but the balance of the harms favors the Defendant because of the extensive changes that it would need to make to comply with the Temporary Restraining Order. The Court notes that the parties are planning to consolidate the hearing on a motion for preliminary injunction with a trial on the merits, and that they have proposed an ambitious scheduling order to achieve that goal. Joint Motion to Amend Scheduling Order (ECF No. 46). The Court puts the parties on notice that it is highly unlikely to continue the hearing on the preliminary injunction even if it must bifurcate the two proceedings. 3 6 CONCLUSION The Defendant's Motion to Stay (ECF No. 42) is GRANTED to the extent that the Temporary Restraining Order is stayed until December 12, 2012. The Motion is DENIED to the extent it seeks an indefinite stay pending appeal. The parties' Joint Motion to Amend the Scheduling Order (ECF No. 46) is GRANTED. SO ORDERED. /s/ Nancy Torresen NANCY TORRESEN UNITED STATES DISTRICT JUDGE Dated this 25th day of October, 2012. 7


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Open AccessThis article is
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Sensors 2014, 14(7), 11682-11690; doi:10.3390/s140711682
High Precision UTDR Measurements by Sonic Velocity Compensation with Reference Transducer
Received: 5 May 2014; in revised form: 13 June 2014 / Accepted: 27 June 2014 / Published: 2 July 2014
(This article belongs to the Special Issue Ultrasonic Sensors and Transducers for Applications in Biology, Medicine and NDT)
View Full-Text | Download PDF [1350 KB, uploaded 2 July 2014] | Browse Figures
Abstract: An ultrasonic sensor design with sonic velocity compensation is developed to improve the accuracy of distance measurement in membrane modules. High accuracy real-time distance measurements are needed in membrane fouling and compaction studies. The benefits of the sonic velocity compensation with a reference transducer are compared to the sonic velocity calculated with the measured temperature and pressure using the model by Belogol'skii, Sekoyan et al. In the experiments the temperature was changed from 25 to 60 °C at pressures of 0.1, 0.3 and 0.5 MPa. The set measurement distance was 17.8 mm. Distance measurements with sonic velocity compensation were over ten times more accurate than the ones calculated based on the model. Using the reference transducer measured sonic velocity, the standard deviations for the distance measurements varied from 0.6 to 2.0 µm, while using the calculated sonic velocity the standard deviations were 21–39 µm. In industrial liquors, not only the temperature and the pressure, which were studied in this paper, but also the properties of the filtered solution, such as solute concentration, density, viscosity, etc., may vary greatly, leading to inaccuracy in the use of the Belogol'skii, Sekoyan et al. model. Therefore, calibration of the sonic velocity with reference transducers is needed for accurate distance measurements.
Keywords: ultrasonic time-domain reflectometry; time-of-flight measurement; reference transducer; environmental compensation; flat-sheet membrane module
This is an open access article distributed under the Creative Commons Attribution License which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited.
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Stade, S.; Kallioinen, M.; Mänttäri, M.; Tuuva, T. High Precision UTDR Measurements by Sonic Velocity Compensation with Reference Transducer. Sensors 2014, 14, 11682-11690.AMA Style
Stade S, Kallioinen M, Mänttäri M, Tuuva T. High Precision UTDR Measurements by Sonic Velocity Compensation with Reference Transducer. Sensors. 2014; 14(7):11682-11690.Chicago/Turabian Style
Stade, Sam; Kallioinen, Mari; Mänttäri, Mika; Tuuva, Tuure. 2014. "High Precision UTDR Measurements by Sonic Velocity Compensation with Reference Transducer." Sensors 14, no. 7: 11682-11690.
Sensors EISSN 1424-8220 Published by MDPI AG, Basel, Switzerland RSS E-Mail Table of Contents Alert


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Holidays are for the Birds - Kid's Workshop at Black Bayou
Event Date:
Sat, 12/15/2012
Event Time - From/To:
10:00 am - 12:00 pm
Kids can learn something new about birds, as well as doing bird-related crafts to take home both for themselves and the birds. A "Holidays Are For The Birds" kid's workshop is Saturday, December 15th at 10 a.m., at Black Bayou Lake National Wildlife Refuge. The workshop is free, no registration required.
Presenting Organization:
Black Bayou Lake NWR
Price Range:


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Cook County's top watchdog suing Berrios for ignoring subpoena
BY JON SEIDEL Staff Reporter email@example.com June 11, 2013 5:11PM
Cook County Assessor Joe Berrios | Sun-Times files
Updated: July 15, 2013 3:14PM
Cook County Inspector General Patrick Blanchard says Joe Berrios has been dodging a subpoena for nearly a year.
Now Blanchard is taking the Cook County Assessor to court.
Blanchard's office sued Berrios late last week, asking a Cook County judge to force Berrios to comply with Blanchard's subpoena demanding records related to tax breaks on two properties owned by a Berrios office manager, Lewis Towers.
He wants to know about homeowner's exemptions on Towers' homes in Chicago and Sauk Village. Residential property owners in Cook County may claim only one homeowner exemption — on the home where they live full-time.
Berrios' office has said Blanchard doesn't have the authority to subpoena him, and Berrios said he's avoiding the subpoena at the advice of his "attorney" — Cook County State's Attorney Anita Alvarez's office.
"They tell us what to do," Berrios said.
Because Alvarez's office is representing Berrios, a judge has appointed Chicago lawyers Alexander Polikoff and Emily Blumberg to represent Blanchard.
Blanchard first sought the records in an August 2012 letter. Berrios' staff answered with its own letter telling him to file a Freedom of Information Act request. Blanchard fired back with a subpoena later that same month, and Berrios' office told Blanchard he has no authority to issue a subpoena "against separately elected officials."
Blanchard general counsel Steven Cyranoski sent one final letter to Berrios' staff in September, but Blanchard's complaint said Berrios' office never wrote back.
That letter said the ordinance governing the Inspector General gives it authority to "investigate corruption, fraud, waste, mismanagement, unlawful political discrimination and misconduct" in offices under Cook County Board President Toni Preckwinkle "as well as the separately elected county officials."
And while Berrios said the matter was resolved internally — he said Towers paid back the money he got from the tax break — Blanchard said that's not good enough.
"Just because a subject of an investigation tells you that everything's OK is not going to stop an investigator from pursuing all the evidence," Blanchard told the Sun-Times.