text:
June 2003
By Joseph M. Manak and
James I. Serota, Greenberg
Traurig, New York Office
View or download the PDF version of this Alert
In re Cardizem CD Antitrust Litigation, 2003 Westlaw 21360049,
(Sixth Cir. June 13, 2003), just decided that an agreement settling a patent
infringement action between a patentee-manufacturer of Cardizem CD and an
FDA-approved manufacturer of a generic version of Cardizem was a per
se illegal naked horizontal restraint of trade under Section 1 of
the Sherman Act.
The agreement provided that the generic manufacturer would stay off the
market in exchange for payment of $89 Million. In exchange for minimum payments
of $10 Million per quarter, the patentee manufacturer could eliminate all
potential competitors, since the first generic manufacturer had an exclusive
180 day period of marketing exclusivity which it agreed not to relinquish
or transfer. The court determined that there is "simply no escaping the
conclusion that the Agreement, all of its other conditions and provisions
not withstanding, was at its core, a horizontal agreement to eliminate competition
in the market for Cardizem throughout the entire United States, a classic
example of a per se illegal restraint of trade."
On appeal, Respondents principal argument was that the per
se rule was inapplicable because the agreement was subject to pro-competitive
justifications. In the Sixth Circuit's view, however, Respondents evinced
a misunderstanding of the per se rule. In the opinion of both
the trial court and the Sixth Circuit, the "anti-competitive potential inherent
in all price-fixing agreements justifies their facial invalidation, even
if procompetitive justifications are offered for some. Those claims of enhanced
competition are so unlikely to prove significant in any particular case
that we adhere to the rule of law as justified in its general application."
The facts, in summary, are as follows: In January 1996, the patent owner
filed a patent infringement suit against the generic in the Southern District
of California, asserting that United States Patent 5,470,584 was infringed
by the generic's filing of an abbreviated new drug application ("ANDA")
for a generic form of Cardizem CD. On September 15, 1997, the FDA tentatively
approved the ANDA. On September 24, 1997, the patent owner and the generic
entered into an agreement whereby the generic would not market a bioequivalent
or generic version of Cardizem CD until the earliest of 1) a favorable and
final and unappealable determination in the patent infringement case, 2)
a license agreement between the patent owner and the generic or 3) the patent
owner entering into a license agreement with a third party.
In June 1999, the FDA approved a reformulated product offered by the
generic, and on the same day the patent owner and the generic entered into
a stipulation settling the patent infringement case and terminating the
agreement. At the time of settlement, the patent owner paid the generic
a final sum of $50.7 Million, bringing its total payments to $89.83 Million.
On June 23, 1999, the generic began to market its reformulated product and
its 180 day period of market exclusivity began to run.
In August 1998, the first antitrust complaint challenging the legality
of the patent owner/generic agreement was made. There were additional antitrust
actions filed by state plaintiffs as well as indirect purchasers and class
representatives, all of whom challenged the agreement under various provisions
of the Sherman Act. The gist of the plaintiffs' claims was that but for
the agreement, specifically the payment of $40 Million per year, the generic
would have brought its generic product to market once it received FDA approval
and at a lower price than the patented Cardizem CD sold by the patent owner.
The plaintiffs brought a motion for summary judgment, claiming that the
agreement was illegal under Section 1 of the Sherman Act and that they alleged
an antitrust injury which satisfied the test articulated by the Supreme
Court in Brunswick Corp. v. Pueblo Bowl-O-Mat Inc., 429 US 477, 489
(1977). In Brunswick, the Supreme Court defined antitrust injury as injury
of the type the antitrust laws were intended to prevent, and as that which
flows from what makes defendant's acts unlawful. (See Brunswick, 429 US
at 489).
The District Court determined upon motion for summary judgment that in
fact the agreement was per se illegal. The Court also refused
to grant defendant's motion to dismiss, which alleged the plaintiffs had
not pled an antitrust injury. After the ruling, the District Court also
certified those two questions for interlocutory appeal. The Sixth Circuit
made short shrift of the defendant's arguments regarding per se
illegality. Quoting the Supreme Court in Copperweld Corp v. Independence
Tube Corp., 467 U.S. 752, 768 (1984), "[c]ertain agreements, such as
horizontal price fixing and market allocation are thought so inherently
anti-competitive that each is illegal per se without inquiry
into the harm it has actually caused." The Court further rejected the defendant's
arguments of pro-competitive justifications indicating it was unlikely that
enhanced competition would prove sufficiently significant such that it would
be willing to deviate from the general rule of per se illegality
against naked horizontal restraints such as price fixing and market allocation.
Applying the rule of antitrust injury, the Court of Appeals affirmed
the trial court's finding that the plaintiff's allegations fell easily within
two critical Brunswick categories. First, the type of injury was
the type of which the antitrust laws were to prevent. (During the period
in which this agreement was effective, from July 1998 through June 1999,
as a result of a payment of $89 Million, the original patentee kept off
not only the generic product, but due to marketing exclusivity, all of its
other generic competitors were kept at bay, thereby effectively eliminating
all competition for one year.) As to the second Brunswick criteria,
the Court easily determined that the alleged injury flowed from that which
makes the defendant's acts unlawful, i.e., its anti-competitive effects.
Defendants also contended that, as a result of a Sixth Circuit decision
in Hodges v. WSM, 26 F.3d 36, 39 (6th Cir. 1994), that the plaintiffs
had failed to allege that the antitrust violation was a necessary predicate
to their injury. The Court rejected the defendant's interpretation of "necessary
predicate". In Hodges, the Court said that the plaintiff's must allege either
that the antitrust violation was a necessary predicate to their injury or
that the defendants could injure the plaintiffs only by engaging in an antitrust
violation. Defendants contended that the generics would have stayed out
of the market anyway, because of fear and risk of patent infringement litigation.
In the Court's view, the defendants' interpretation conflates these options
effectively requiring the plaintiffs to satisfy the second one, even if
they have already satisfied the first. In other words, it is not necessary
in order to allege an antitrust injury that the conduct was both a necessary
predicate to the injury and that it was the only means by which the defendants
could have injured the plaintiffs.
In sum, the Court determined that the complaints alleged a plain vanilla
horizontal agreement to restrain trade in the form of a multi-million dollar
cash payment in consideration for forbearance by the generic competitor
from selling in the market a product that it was ready and able to sell
at a price lower than that charged by the original patentee.
This decision is important to the pharmaceutical and biotech industries.
Questions and comments may be directed to the authors in the New York office
of Greenberg Traurig, LLP.
© 2003 Greenberg Traurig
Additional Information:
For more information, please review our Antitrust Practice description,
or feel free to contact one of our attorneys.
This GT ALERT is issued for general purposes only and is not intended
to be construed or used as legal advice. Greenberg Traurig attorneys provide
practical, result-oriented strategies and solutions tailored to meet our
clients' individual legal needs. The Firm's responsive approach to client
service often cuts across legal subject matter, applying the right experience
and resources to provide cost-effective solutions.
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text:
Article Editor
Newton Animal Clinic
We, the Doctors and staff of the Newton Animal Clinic, pledge to provide the best medicine and surgery possible. We will serve our clients and patients to the best of our ability, using the latest continuing education and modern technology, while practicing with the highest ethical standards.
Customer Questionnaire
Please help us to serve you better by taking a couple of minutes to tell us about the service that you and your pet received. We appreciate your business and want to make sure we meet your expectations. Please fill out this short questionnaire. All submissions will remain firstname.lastname@example.com

subset: commoncrawl


text:
I think Morrowind deserves another thread
I just ran it now with max aniso and -3.0 LOD and 8x aniso and it runs perfect in towns at 1152x864. No slowdown. As soon as you enable AA it kills the framerate lolz to unplayable levels in towns.
I'll stick to high res and sharpest quality with NO AA for now. :)
I will update my homepage with pics (doing it now as I type). Framerate never once diped below 35fps with my current settings which actually is amazing. This game runs damn good. Also I have my viewing range half way.
Just updated my site with a pic. :D
It surely deserves another thread.
But you are running at what 2.7ghz?
My poor XP 1500+ always keeps over 20 FPS in towns with view at ~1/3 But hey, it is still bearable for a great game.
And why don't you run at 1600x1200, not much of a difference to me. 1-2 FPS. Even though i went down to 1024x768 as I am normally around 26, 27 fps so those 1-2 mean something to me. But 1600x1200 looks much better.
GFti200 220/500
256mb ram
Err Dude! I am running roughly around 1.8gig. You know 1 way of ganing framrate is to close of al things in bg like explorer and other services in XP and overclock your video card to extremes. Unless it is going 20fps on my system but feels like it's moving at 30fps+.
The game is really a system hog!!!! :mad:
Hence my tweak works brilliantly. I made a post before the NvNews cataclysm about how to maximise performance through leaving the most minimum things running. I'm pretty sure not many if anyone had followed my advice. People wonder how I get better frame rate then them when their system is above mine is pretty obvious. Tweak the living crip out of your system. Also enable quadratic lighting in the Morrowind ini file.
Best tweak sites:
The background on your site is pretty cool:cool:
You seen my site. YAY! People look at my site. :cool: thanks :)
I played morrow wind a little yesterday but didn't get into that much. Maybe because it seems to be running a little slow on my video card (voltage modded Kyro 2 running at 190mhz). Is there a way to show the fps in game?
edit - about 5 seconds after I posted this I saw the showfps line in the morrowind ini file. heh.
KILER, can you post a pic of MW running at those settings?
morrowind finally runs better...
with the new (well not-so-new) first official patch, morrowind runs great
and that was patched and tested before i upgraded to my ti 4200.
but with the ti 4200, i finally got to see the water and water reflections correctly and its awesome!
prydah what's ur comp?
cpu: duron 1.2ghz
mobo: a7v
ram: 512mb
gpu: siluro ti4200
gpu drivers: 28.32
sound: sblive value
os: w2k sp2
directx: 8.1b
morrowind version: 1.1.0605
settings: high-quality (everthing i can think of maxed within the .ini and in-game settings menus)
morrowind is much more playable now since the official patch even before i upgraded my graphics card.
i wanna try all the new mods they got out for the game now like the jedi mod and the beast of burden mod where u can have all your loot lugged around by that one semi-domestic beast (forgot its name already lol!) like in dungeon siege u can buy a pack mule to carry your extra things
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text:
(Proposed project)
Managing forests, planting trees and flowers; developing mountain trails; reducing damage from wild animals; restoring abandoned farmland; creating mountain villages to provide a safe and comfortable life for residents
In recent years, more and more forests are being abandoned or poorly managed. Also, the farms and mountainside hamlets that have been abandoned have been destroyed due to the waning of forestry and the shrinking or aging of the population in the area. This destruction has in turn threatened the environment for our water supply sources. In order to guarantee clean and delicious drinking water for future generations, we need to act now to restore our mountains and forests to health while making a conscious effort to create an environment where local residents, essential for forest management and maintenance, can continue to live in good health, high spirits, and with peace of mind.
* These programs will be provided in cooperation with
Yamanashi Land Afforestation Promotion Organization
, a public interest incorporated foundation.
(Proposed project)
Afforestation that produces less pollen;
thinning old cedar forests and planting
cedar varieties that emit less pollen to reduce overall pollen counts
One of the sources of Tokyo's drinking water is located in a forest in Tama, which provides us with various significant benefits by protecting the water source and absorbing and storing CO2, among other functions. Due to dwindling demand for domestic lumber, Japanese cedar forests that are 30 or more years old are growing, causing Japanese cedar pollinosis. To cope with this situation, we are cutting down old Japanese cedars and replacing them with a cedar variety that produces less pollen.
* These programs will be provided in cooperation with the
Tokyo Development Foundation for Agriculture, Forestry and Fisheries
, a public interest incorporated foundation.
©Tokyo Marathon All Rights Reserved.


text:
On this full-day Beijing tour, you will see two of the most popular attractions in China: the Mutianyu Section of the Great Wall and the Ming Tombs. The Mutianyu Section of the Great Wall is fully restored, is less crowded, and has better architecture than the section at Badaling. The Ming Tombs, with a history of over 500 years, are burial sites of 13 emperors of the Ming Dynasty.
This Classic Beijing Day Tour takes you to major classic attractions in Beijing, which are all must-sees of Beijing. The features of this tour are Tian'anmen Square, the Forbidden City, the Temple of Heaven, and the Summer Palace.
You will explore two must-see, world-famous attractions in China: the Badaling Great Wall and the Ming Tombs. The Great Wall is a symbol of China and one the Eight Wonders of the World, and Badaling is its best-preserved and most-popular section.
On this tour, you will explore two world-famous China attractions in Beijing, the Badaling Great Wall and the Summer Palace.
If you are on a tight schedule while in Beijing, take this day tour to see the three most-visited and most famous attractions in Beijing and China: Tian'anmen Square, the Forbidden City, and the Badaling Section of the Great Wall.
On this tour, see cuddly and lovable giant pandas, the emblem of China, at the Beijing Zoo. Then, you will explore the Lama Temple, one of the largest Tibetan Buddhist monasteries in China and stroll along old hutongs to experience Beijing local's life.
If you are looking for breathtaking views of the Great Wall and a relatively peaceful walk, then the Jinshanling Section of the Great Wall Beijing Day Tour is just for you.
Explore the most famous attractions in Beijing City in one day, including Tiananmen Square, the Forbidden City and the Temple of Heaven with your private tour guide and car.
See the most popular scenic spots in this cultural no-shopping tour. The Forbidden City, Temple of Heaven and Summer Palace are all maginifcent royal architecture. You will have the opportunity to learn Chinese history and culture.
Hike on a wild and rugged section of the Great Wall and a repaired and restored section, all in one day! This Great Wall hiking route covers the wild wall at Simatai and the gloriously restored wall at Jinshanling.


text:
Kyle Lovern
Sports Editor
GLENVILLE – It wasn't that long ago that Delbarton native Chase Moore was making tackles and running the football for the Matewan Tigers.
After high school he went to Glenville State College in Glenville, W. Va. to play football and continue his education.
"I played my football there in Matewan from 2003 to 2006 and graduated high school in 2007," Moore said. "I was blessed to be able to make enough plays in six games before breaking my fibula, which ended my high school football career. To receive a scholarship to play for Glenville State College was a dream come true."
While at Glenville State from 2007 to 2010, he played fullback in Coach Allan Fiddlers spread offense, which is very comparable to the offense Rich Rodriguez ran during his time at West Virginia University and Michigan. He got the call to start his senior season. Moore also played on many special teams.
Moore said he had a great experience while playing college football.
"The chance to be able to play NCAA football is always a great opportunity whether it's NAIA or FBS (Division 1). Glenville State plays in the WVIAC conference which is Division 2. As a player the experience is everything," Moore said. "From what it takes to prepare for a game by studying film, practices, and the meetings - to the friendships discovered."
"The best experience was winning a conference championship in 2008. Being able to be a part of a championship team and seeing first-hand what it takes to win is something I will always take with me where ever in life. On a more personal note, having to work from the bottom up and fight through injury was tough. But after the injury and at the end of the day, I can say I stayed, played, and graduated which is something that I will hold close to my heart. I'm currently majoring in Physical and Health Education with an emphasis in Exercise Science."
Now Moore is coaching at Glenville State. When asked why he got into coaching, Moore stated, "After my senior season Coach Fiddler decided to step down and at the time our Offensive Coordinator Dave Hutchison would be filling his shoes as head coach and asked me if I wanted to be a student assistant. So obviously, I accepted and I will always be grateful for that opportunity Coach Hutchison gave me to get my foot in the door of the coaching business."
"As of now I only serve as a student assistant, but it has its challenges and ups and downs. As does being a grad assistant. The extra film study and game planning that it takes to succeed to prepare for an opponent is far more dedicated than I would had anticipated. Of course I had some insight to what it takes from my time as a player, but the intricate detail when scouting teams and the hours spent in the office, then having meetings, and finally you end the day with a high octane practice is the life of a college coach," Moore said.
But he loves the opportunity he has received. "I love every second of it. I am also responsible for the running the scout team defensive, so not only am I learning the schematics of how an offensive works, I'm also getting hands on experience in being able to break down fronts, recognize coverages and the blocking schemes."
"I also am learning what it takes to match up against many kinds of blitzes. It's so exciting to be where I am at right now because this is only the beginning of something special," Moore added.
When asked if he planned to coach in college, or would he like to come back to the area and coach in high school, Moore is leaning toward staying in college.
"After I graduate I do plan to continue my education and GA because this game is literally changing every season so the more chances I get to learn from more experienced coaches the better it can be for me," he said. "I do plan to stay in the college ranks since this business is so hectic. Once you're out it is very tough to get back in. That being said, it would be an absolute privilege to be able to come back home to the coal fields and coach the awesome kids southern West Virginia produces. However, I have some time left and some more learning and maturing to do before I can honestly make that decision."
Moore said he had some early influences. "Now that I think about it, I have had coaches who have impacted my coaching career starting back to my pee-wee football coaches Jerry Baisden and Joey Hunt, my high school coach Yogi Kinder, and the whole Glenville State coaching staff have really impacted me.
"But, the one person who influenced me the most is the same guy that introduced this great game to me and that would be my father Britt Moore," Moore said. "He has been the foundation all my life and has made so many sacrifices and went without so I can have the opportunity to do what it is I love."
His mother is Medina Mahon and he has two sisters, Brittany Moore and Kansas Moore.
"I definitely want to bring all the glory to God and what Christ did for me so that I can do what I am doing now," Moore stressed. "I would like to mention my church family at Living Stone Baptist for the support and everyone back home in Mingo County that is praying and wishing me the best."
"Also I want to thank Sam Woods and everybody at P.E.C. for their constant support. And Johnnie Morton who has just joined our staff at Glenville and has been open and answered all my questions about the ins and outs of the game," Moore concluded. "Lastly, I want to send a special thanks to Glenville State athletic department and football staff for letting me join and being patient with me during this time of learning and finding a new appreciation for the game of football."


text:
Kevin Robillard
Kevin Robillard is a transportation reporter for POLITICO Pro. He was previously a breaking news reporter and an editorial assistant.
Before coming to POLITICO, Robillard was a reporter at TBD, a local news website in Washington, D.C. He graduated from the University of Maryland, where he was the editor of the student newspaper, The Diamondback. Robillard has also written for Congressional Quarterly, PolitiFact and Newsweek.
Born and raised in Massachusetts, Robillard remains loyal to the sports franchises of New England.
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Ricklefsen has now completed his 16th season with the Cardinals baseball program, a run over which he has helped the program advance to four NCAA Regionals. Lamar has won at least 35 games in 10 of Ricklefsenâ�TMs 16 seasons.
â�oeVery seldom in our profession do you see good assistant coaches stay in one spot for so long, but Jimmy has been very loyal to me and our program,â�� said Gilligan during the announcement. â�oeI felt an obligation to elevate his status. Iâ�TMm having too much fun to retire, but I feel Jimmy deserves to be recognized for his work.â��
Ricklefsen came to Lamar after spending 11 seasons at McNeese State, the final three as head coach. The Houston native posted an 81-79 record with the Cowboys, including tying the school record for wins in a season with a 41-16 campaign in 1995. The Cowboysâ�TM .719 winning percentage that season set a school record.
â�oeI am honored that Coach Gilligan would think about me along these lines,â�� noted Ricklefsen on the title change. â�oeI owe a lot to Lamar and to Coach Gilligan, and I consider this my home.
â�oeOne of our biggest strengths is the continuity of our coaching staff, and the administration has really taken care of us so we could stay together.â��
He serves as the recruiting coordinator for the Cardinals in addition to coaching third base, working with the infielders, defensive alignment and assisting with the hitters.
Having built a reputation as one of the top recruiters in Texas and Louisiana, Ricklefsen continues to attract to quality Beaumont players who have kept Lamar in the hunt for a conference championship on a regular basis.
Ricklefsenâ�TMs Cowboys finished second in the Southland Conference standings in 1995 and second in the league tournament. McNeese sent 10 players from that squad to the professional ranks, the highest number for any school in the nation that year.
â�oeJimmy did an outstanding job at McNeese,â�� said Gilligan. â�oeHe is an excellent recruiter and a good judge of talent, and he brings a strong work ethic to our program.â��
Ricklefsen began his coaching career as a graduate assistant at McNeese in 1987. He quickly moved up to the top assistant the next season, and served seven seasons (1988-94) before being named head coach for the 1995 season.
McNeese posted a 275-149 record during that time and won one SLC championship and one conference tournament title and made two NCAA Tournament appearances.
McNeese State had 32 players sign professional contracts during Ricklefsenâ�TMs tenure at the school, and he was directly responsible for recruiting 23 of those players.
Ricklefsen played collegiately at McNeese State. He was a three-year starter as both an infielder and outfielder. He posted a career-best .333 batting average during his senior season. He twice led the team in stolen bases and hit 11 career home runs.
He played for current Rice University head baseball coach Wayne Graham at San Jacinto Junior College before attending McNeese State.
Ricklefsen, a native of Houston, served three years on the NCAAâ�TMs Southern Region At-Large Search Advisory Baseball Committee, which recommends at-large teams to be selected to play in NCAA Regionals.
An avid fisherman, Ricklefsen prepped at Northbrook High School. He and his wife Andrea have one daughter - Lauren.
Cards looking to get back on track in Southland play
Lamar knocks off No. 21 Houston to pick up 14th win
Junior Brad Picha went 2-for-4 with a run scored and two RBI to pace the Cardinals.
Coach Gilligan talks about the upcoming SLC Tournament in Conway, ARK. (Vincent-Beck Stadum - Beaumont, TX)
Beaumont, TX


text:
Easily learn your Gaga favorites from her hit follow-up.
Lady Gaga burst onto the scene in 2009 with her chart-topping debut CD The Fame, and has kept her fans and the media riveted ever since with her theatrical live performances, outlandish fashion sense, and edgy videos. This follow-up features easy arrangements of the hits Alejandro, Bad Romance and Telephone, plus: Dance in the Dark • Monster • So Happy I Could Die • Speechless • Teeth.


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Drug Store Plans To Rid Its Shelves Of Tobacco Products
Originally published on Wed February 5, 2014 10:23 pm
By Yuki Noguchi
The pharmacy giant CVS plans to eliminate cigarettes and other tobacco products from its stores by October. The company says it made the decision because the drug store business is changing and that selling cigarettes is no longer consistent with its mission. Medical experts and the White House hailed the move. NPR's Yuki Noguchi reports.


text:
Jack Healy
Recent and archived news articles by Jack Healy of The New York Times.
In Wyoming, Shooting Highlights Divide Between a City and a Reservation
On a recent afternoon, a white man, who said he was sick of the homeless people who linger in parks, walked into an alcohol detox facility and shot two Native Americans, killing one.
July 30, 2015, Thursday
Aurora Killer's Parents Plead to Spare His Life
Robert Holmes took the witness stand in the sentencing phase of the trial for his son, James E. Holmes, who was convicted of killing 12 people and wounding 70 others.
July 29, 2015, Wednesday
Aurora Gunman's Mental State Poses Test for Jury Weighing Death Penalty
Colorado's laws ask jurors to weigh aggravating factors against mitigating ones as they decide between life in prison or the death penalty.
July 23, 2015, Thursday
Guilty Verdict for James Holmes in Aurora Attack
Mr. Holmes, who killed 12 people and wounded 70 in a shooting rampage in suburban Denver three years ago, was found guilty in a state court.
July 17, 2015, Friday
Both Sides Deliver Closing Arguments in Colorado Shooting Trial
After wrenching testimony from 250 witnesses, prosecutors and defense lawyers each made their two-hour closing arguments in James E. Holmes's murder trial on Tuesday.
July 15, 2015, Wednesday
A Colorado Coal Mining Town Struggles to Define Its Future
Tighter regulations, environmental lawsuits and a pivot toward cleaner-burning natural gas have knocked communities like Somerset, Colo., on their heels.
July 9, 2015, Thursday
MORE ON: Coal , Somerset (Colo) , Mines and Mining , Colorado , Greenhouse Gas Emissions , Natural Gas , Labor and Jobs
States Weigh Gay Marriage, Rights and Cake
With same-sex marriage now legal everywhere nationally, a case involving a Colorado baker is being closely watched as a test of the boundary between personal religious objections and legal discrimination.
July 8, 2015, Wednesday
Officers' Deaths Revive Concerns Over Dangers of Spike Strips
At least 30 people have been killed in the two decades since spike strips became popular, some run over by drivers trying to evade capture at any cost.
July 5, 2015, Sunday
MORE ON: Traffic Accidents and Safety , Longmont (Colo) , Montana , Police
Full Toll From Aurora Theater Shooting Goes Untold at Trial
Scores of survivors have testified in the trial of James E. Holmes, but jurors have not heard from many others whose lives were changed by the 2012 attack.
July 2, 2015, Thursday
Colorado Court Rules Use of Public Funds for Private Schools Is Unconstitutional
The Colorado Supreme Court ruled that a school district's voucher program violated a plank of the state constitution that explicitly prevents public money from going to religious schools.
June 30, 2015, Tuesday
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Back on track: Eagles pick up resounding win over Pensacola StateApril 11, 2014
TALLAHASSEE, Fla. (April 11, 2014) – Tallahassee Community College snapped a four-game losing streak in emphatic fashion on Friday, defeating Pensacola State College, 14-4 in six innings.
Tallahassee is now 34-13 overall – but the more important numbers are 6-8, the Eagles' Panhandle Conference record with six games remaining in the regular season. Tallahassee is just percentage points ahead of Northwest Florida State College for third place in the Panhandle Conference standings, although the Raiders were idle and have eight games left on their schedule.
Tallahassee took the field on Friday playing its first must-win regular season game in two seasons. The Eagles had dropped four straight since taking a 6-5 win in the rubber game against Northwest Florida State on March 27. Included was a 6-5 loss to Pensacola State on Wednesday, one that snapped a ten-game PC losing streak for the Pirates.
Quincy Nieporte did most of the offensive damage for Tallahassee – driving in seven runs and scoring another, all part of a 5-for-5 afternoon. He finished a triple shy of hitting for the cycle.
Nieporte started the scoring in the first with a grand slam off Pirates starter and losing pitcher Matt Muench. After the Pirates got a run back in the second, Tallahassee went to work again in the bottom half.
Christian Dicks roped a triple down the right field line to score Matt Olive and Johnny Blue Craig. Later in the inning, Bobby Rice singled home Dicks to give the Eagles a 7-1 lead.
Pensacola State plated two runs in the third and one more in the fourth, all off Tallahassee starter Connor O'Brien, to pull within 8-4, but the Eagles' bullpen did its part, holding the Pirates hitless over the final 2.2 innings.
Tallahassee extended its lead to 10-4 on Nieporte's two-run single in the fifth and ended the game with four runs in the sixth.
Pensacola State aided the Eagles' cause, committing three errors in the final inning. The last miscue by third baseman Logan Collier scored Dicks from third and allowed Rice to reach base, thus extending the inning.
Nieporte took advantage, crushing a double to the gap in left center field to score Rice with the game-ending run.


text:
SimCity 5 Rumor
EA is planning a lot of announcements at GDC next week, and one of the most solid rumors for an announcement is SimCity 5. Our friends at RPS have a good write-up on the likelihood of this getting announced.
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text:
There's a new recreation opportunity in town.
The Joshua Tennis Association has started actively recruiting members, said Angela Stinnett, who serves as vice president public information officer of the new club.
"Tennis is a lot like golf in that it's a lifetime sport," Stinnett said. "You can play tennis for a long time, unlike football or some of those other team sports that people play when they are young. We want to get more interest in tennis and expose more kids to the sport."
The Joshua Tennis Association is open to anyone with interest, Stinnett said.
"We welcome players of any age," she said. "Members will just have to pay a one-time fee of $10 for adults and $5 for students. Membership fees are used for scholarships to tennis camps, buying racquets and equipment for children who can't afford it and other things like that."
Stinnett said that the club has already given out its first scholarship, a trip to John Newcombe's Tennis Ranch in New Braunfels, a $150 value.
The club meets at the tennis courts at Joshua High School from 3-5 p.m. each Saturday.
"We did a presentation at Loflin Middle School and about 35 kids signed up to get more information about the club, so that was good," Stinnett said. "Larry Portillo, our club president, did an excellent presentation to the kids in the cafeteria and they seemed very excited.
For information, call Stinnett at 817-648-5353 or Melinda Portillo at 817-714-1498.


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Razor sharp
by Tom Walsh / Photography by Francoise Gervais
The lure of a college buddy's seaside lobster bake brought a young John Fitzpatrick from his native New York to Downeast Maine in 1986.
Twenty-five years and a full head of hair later, he's still here. As the senior director of Facilities Services at The Jackson Laboratory, Fitzpatrick now juggles the ever-changing challenges of keeping Laboratory facilities in both Maine and California up and running 24/7/365.
"I consider myself extremely fortunate to be surrounded by co-workers who look beyond job descriptions and do whatever it takes to support The Jackson Laboratory's mission and its round-the-clock operations," he says. "It takes a lot of collective skills, competence and, most importantly, dedication on the part of the entire facilities staff. The people in my group are problem-solvers, and every one of them does an amazing job of keeping our combined 810,000 square feet of research and vivarium infrastructure clean, attractive, secure, operational, efficient and environmentally responsible."
In his five years as senior director, Fitzpatrick has applied his considerable expertise to every sort of physical plant problem-solving imaginable. Along the way, he's garnered the trust, respect and considerable esteem of the Laboratory's Senior Management Team and others who benefit constantly from his can-do, mission-accomplished work style.
"Fitz's casual style of dress and his easygoing demeanor hide a razor-sharp focus on serving his customers and delivering value for the Laboratory," says Fitzpatrick's boss, Charles Hewett, Ph.D., the Laboratory's vice president and chief operating officer. "Under his leadership, Facilities and Engineering deliver all projects ahead of schedule and under budget."
Among "Fitz's" finest-hour engineering successes, Hewett says, are the state-of-the-art Functional Genomics and East Research facilities in Bar Harbor and the Laboratory's largest project ever, the new facility for JAX—West in Sacramento, Calif., which officially came on line in January 2009.
"We've received more energy conservation awards than I can count, won National Park Service recognition for night-sky-friendly lighting, and our grounds look better than ever," Hewett says. "Who would think that such a frumpy-looking guy could deliver all of that? But he does, and more."
Fitzpatrick chuckles at the descriptor "frumpy." He's been called "lumpy" and more than once "grumpy," he says, but never "frumpy." Fitz says he admires Hewett's management style.
"Chuck is awesome to work for," Fitz says. "He lays out the problem, tells us what he needs as an end result, and leaves it to us to go solve it. We consider everybody in the Facilities group to be a problem-solver, from the engineers to the maintenance staff to the functional services folks to the security staff. We are a service organization. We solve problems."
Perhaps the biggest challenge that Fitz and his team have put behind them was the relocation to Sacramento of a Laboratory facility that first opened in nearby West Sacramento in 2001. At 85,000 square feet, the new facility doubled the Laboratory's footprint in California, home of the world's greatest concentration of biomedical researchers. The alchemy required to convert an existing warehouse into a high-tech laboratory began in earnest in late 2007 after the building's original design was scaled back to accommodate budget constraints.
"We pulled off JAX—West under budget and on deadline, emphasis on 'we.' It was very much a team effort, and in some cases even a family effort that involved relocating Norm Burdzel (and his family) to Sacramento to serve as The Jackson Laboratory's on-site project manager for nearly a year," he says. "We were expected to open up the first Monday in 2009, and we opened the doors at 8 a.m. January 5, 2009. The construction budget we were working under was $38.1 million, and we came in at $37.5 million. That was $600,000 The Jackson Laboratory could spend on something else that it badly needed."
Successful completion of the project within a 13-month window was dubbed "The Miracle on Raley Boulevard" by some of those involved in the breakneck pace of the work. "It really was a miracle to a certain extent," Fitz says. "When we got out there in earnest in November of 2007, we had to gut the interiors to a shell, we hadn't been permitted and design documents were approximately 50 percent complete, so to turn all that around in really under 12 months by the time the final construction contract was signed and executed was quite an accomplishment.
""Doing construction in California is entirely different than executing work in Bar Harbor," Fitz says. "One big difference that had to be overcome was the permitting process. It was just painful. It is what it is, but this was a variable that we were not prepared for going into the project and we didn't account for the delays during the original scheduling exercise. If it wasn't for the great relationship Chuck Hewett and others cultivated with the economic development staff in Sacramento, we probably wouldn't have opened for business until March or April. They streamlined our permitting process and pulled a lot of strings with city government. We were promising Sacramento 100 jobs, and that was important to them back then, as it is now."
One operational area that consumes much of Fitz's time and talents is energy conservation. Energy accounts for nearly 6 percent of the Laboratory's overall annual operating budget, including consumption of 25.5 million kilowatt hours of electricity and 1.6 million gallons of fuel oil a year. While conservation efforts have been successful, energy costs are variable from year to year and the bottom line tends to keep going up due to continuous expansion of facilities in Bar Harbor and Sacramento.
"We monitor market price for power and fuel, and solicit bids from electrical service and fuel oil providers when the market is favorable, and we've been able to keep our costs flat through market timing," he says. "Electricity in Maine is primarily driven by natural gas prices. Seven months ago, when gas prices were below $5 per million BTUs, we locked electricity rates for 18 months at a very reasonable rate. When we can, we strike and hit."
The Laboratory recently received a $1 million grant partially funded through the Regional Greenhouse Gas Initiative, an East Coast greenhouse cap-and-trade program, to help pay for an energy-efficient heating conversion. Under the guidance of Fitz's team, the Laboratory plans to spend $4.2 million to offset 75 percent of its fuel oil consumption with biomass boilers that will generate steam by burning wood pellets, a byproduct of Maine's most plentiful renewable resource, trees.
"With the price of wood products today and the federal grant, there are some pretty significant savings," he says. "Year one we're looking at saving in the range of $400,000 to $500,000, just by switching fuels. And it represents huge savings environmentally: 13.5 thousand tons of CO2 a year that we will be removing from our emissions profile."


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Golf Photos We Like November 2012
(28 images)
A frequently updated gallery of fun and interesting images from around the world of golf.
View as:
Golf Photos We Like
November 30, 2012: Martin Kaymer took the third-round lead at the Nedbank Golf Challenge in South Africa as the distinctive Cascades Hotel at the Sun City Casino Resort loomed in the background.
Credit: Getty Images/Getty Images
Date: Dec 02, 2012
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PGA.COM is part of Bleacher Report - Turner Sports Network, part of the Turner Sports and Entertainment Network.


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CSMD researcher Moetasim Ashfaq's paper "Response of snow-dependent hydrologic extremes to continued global warming" has been published by Nature magazine's online presense Nature Climate Change.
View full article in Nature.
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Video: World's Largest Delivery Pizza Attempt
This oldie but goodie from 2008 surfaced on the website Reddit recently. It's a video of a 54-inch square Sicilian-style pizza being made and cooked. The folks at the appropriately named Big Mama's and Papa's Pizzeria in L.A. made this thing in an attempt to set a Guinness World Record for largest deliverable pizza. The pizzeria still makes the 54-inch pie. It's $199 plus tax and requires a 24-hour heads-up. More


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Share the Pocky Love!
Inspired by the "You could eat a whole box of..." thread, I figured I'd start a new topic rather than hijack that one.
So come on, tell me: What's your favorite Pocky flavor?
Like it? Love it? Leave it for the rest of us?
And let's not leave out Pocky's savory relation, Pretz.
No idea what I'm talking about? Wikipedia to the rescue! Suffice to say, Pocky is a Japanese snack consisting of a crunchy biscuit stick coated with chocolate or one of many other delicious flavors.
Mmm, Pocky. Apple yogurt, milk, pineapple, almond crush, milk coffee, the good strawberry ones with the little bits in them, matcha, pumpkin, caramel, any of the mousse varieties...and my favorite, the yogurt flavored.
Talk is closed, but that doesn't mean the conversations have to stop!
Check out this post for a more thorough explanation, and jump onto our Facebook page or our Twitter feed to keep the conversations going!


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Bill Kilmer - 1976 Buckmans Discs #13
Player: Bill Kilmer
Pro Team: Washington Redskins
Position: quarterback, halfback
College: UCLA
Hometown: Azusa, CA
Honors: Redskins Ring of Fame, Saints Hall of Fame, College Hall of Fame
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Extension News: It's got to be local agriculture
Are you getting a little tired of eating store bought fruits and veggies, shipped in from all over? Has the unseasonably mild winter and the appearance of daffodils got you thinking of spring? Often with these events comes the desire to once again to start eating farm fresh and locally grown fruits and vegetables such as strawberries, tomatoes and cucumbers. And the tasty list goes on.
North Carolinians spend about $35 billion a year on food. If each person spent just 10 percent on food locally — roughly $1.05 per day — then approximately $3.5 billion would be available in the state's economy.
You can support our local agriculture by enrolling in North Carolina's 10% Farm To Fork Campaign. The 10 percent campaign is an effort to encourage North Carolina consumers to spend 10 percent of their food dollars on foods from local sources. Through the campaign website — www.nc10percent.com — consumers and businesses pledge to spend 10 percent of their food dollars locally by purchasing products from area farmers and food producers. Participants will receive weekly email reminders to report how much money they spent on local foods. By pledging to the 10 percent campaign you will support our farms, food and manufacturing businesses and create jobs in addition to infusing fresh and flavorful fruits and vegetables into you diet. And, of course, consuming more fruits and vegetables has proven to significantly reduce diet-related diseases and long-term health care expenses.
An easy way to support our local agriculture and get some really fresh, high quality produce is to become a member of the Sandhills Farm To Table Cooperative. Sandhills Farm To Table (SF2T) is not another store you need to visit. Local farmers harvest the food early in the morning, deliver it to the Co-op, where is it boxed and delivered to members at a convenient gathering site, all in a day's time. So you are truly getting farm fresh produce!
Again this year, N.C. Cooperative Extension in Lee County is partnering with SF2T to host the program at the McSwain Extension Education and Agriculture Center. By joining the Co-op and subscribing, you can receive weekly, or every other week, a variety box of fresh local produce. Each box will have around 10 pounds of produce to include at least two varieties of fruits and six of vegetables. Members will also receive a weekly newsletter, have access to the online Artisan Market, can subscribe to a produce/bread box, be able to buy bulk produce from our growers and have your purchase delivered to the McSwain Center gathering site. Members can choose a "pay per delivery" option this year, which allows for smaller payments billed to your credit card at each delivery.
At the end of the 2012 season, Lee County had 163 participants and we are looking to go higher this year. Membership to the 2013 Sandhills Farm To Table is now open. Sign up as a member then choose your subscription/box and delivery option (every week or every other week). To become a member, visit Sandhills Farm To Table web site at http://www.sandhillsfarm2table.com/ or call (910) 949-2142 to sign up.
As the growing season progresses, many pick-your-own farms, roadside farm markets and farmers markets are in preparation mode and will open in April. For a complete listing of these farm stands, check out the North Carolina Farm Fresh directory at http://www.ncfarmfresh.com/. The directory will help you find the freshest locally grown fruits, vegetables, meat products, Christmas trees, ornamental plants, flowers and herbs.
Remember, if you are looking for the best tasting, healthiest and the freshest farm products ... "It's Got to Be NC Agriculture." So make the choice, make a difference and make it local. Be sure to call Cooperative Extension at (919) 775-5624 if you have questions about any of these program.
Susan Condlin is County Extension Director for North Carolina Cooperative Extension in Lee County.


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Music Therapy Sheet Music: 1 items found
Guitar Songbook for Music Therapy
Guitar (All) - Beginning
A Collection of Spirituals, Children's and Folk Songs. Composed by Kathryn Scheldt & Frances McClain. Squareback saddle-stitched, Music Therapy. Folk. Book. 112 pages. Published by Mel Bay Publications, Inc (MB.98683).
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There seems little compassion on these forums with the vast majority seeming that all homeless are druggies and "rowdies" I doubt many of you have ever ventured downtown and seen just how many homeless are actually here. When the economy changes for the worse only then may see how bad it is becoming.
As for the subject, I dont see how this changes anything and is hardly a solution to the ever growing homeless problem.
I suspect these estimates are greatly exaggerated. I would like to see some real investigative reporting done on the actual costs. Keep in mind the park was never in great shape to begin with. I am almost certain MANY people would have volunteered the labor if that were an option.


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Last Updated: 6.6.2014
This Policy Library includes policies that university faculty, staff or students and Drake business contacts may need to access easily to perform everyday Drake business.
College specific student policies are housed within the College or School website and are not a part of the University-wide Policy Library. These policies can be found under the college/school website at: www.drake.edu/academics or student specific department website.
The policy naming format is as follows: Name of the Policy, Department Responsible for Policy, Initial Posting or Updated Date.
The policy names are alphabetically listed.
If a Policy name has "guidelines or handbook" in the name, it means that document may have several policies within the document.
Click Here to provide FEEDBACK about the site, having trouble finding a policy, etc.
Click Here to download the "Add a Policy to the Library" form.
Click Here for "Policy Listing, Organized by Area."
The list can be searched by using the "find" feature or CONTROL F
Acceptable Use of Computer Technology (Faculty and Staff) Policy, OIT, 2/23/2010
Accounts Payable Guidelines Policy, Accounting, 2/24/2010
Alcohol Policy, Academic Affairs, 7/21/2010
Animal On Campus Guidelines, University, 4/4/2014
Articles of Incorporation Policy, President's Office, 08/10/2011
Authorized Travel by Non-University Employees-Accounts Payable Guidelines Policy, Accounting, 2/24/2010
Background Check Policy, Human Resources, 3/1/2010
Budget Change Request Policy, Finance and Administration, 3/10/2008
Budget Development Policy, Finance and Administration, 2/28/08
Bylaws (University) Policy, President's Office, 08/10/2011
Capital Expenditure Policy, Finance and Administration, 10/2/2009
Cell Phone Policy, Finance and Administration, 7/1/2009
Circulation Policy, Law Library, 3/9/2010 (relinked 10.22.2013)
Collection Development Policy, Cowles Library, 9/12/2008--relinked 6.6.2014
Computer Hardware Repair Policy, OIT, 12/3/2009
Computer Purchase Policy, OIT, 09/23/2011
Computer Usage Policy, Law School, 6/2/2009 (relinked 7.19.2013)
Confidentiality of Circulation Policy, Cowles Library, 10/13/2009--relinked 6.6.2014
Confidentiality Policy, Law Library, 3/25/2008
Conflict of Interest Policy, Academic Affairs, 10/25/2010
Contract Approval Authority Policy, Finance and Administration, 12/13/2013
Contract Process for Approval and Legal Counsel, Policy Finance and Administration, 12/13/2013
Copywright Policy, Academic Affairs, 7/21/2010
Credit Card Processing Policy, Finance and Administration, 12/4/2009
Degree and Credit Revocation Procedure Policy, Academic Affairs, 7/21/2010
Disabilities, Reasonable Accommodation for Qualified Students with, Academic Affairs, 7/21/2010
Dismissal of Tenured and Nontenured Faculty Policy, Academic Affairs, 7/21/2010
Distinguished/Special University/Professorships Policy, Academic Affairs, 7/21/2010
Email for Faculty, Staff, Emeriti Policy, OIT, 11/24/2009 (relinked 7.19.2013)
Email for Student Policy, OIT, 1/14/2010 (relinked 7.19.2013)
EthicsPoint Reporting Link, Campus Governance, 11/11/2011
Executive Expense Policy, Finance and Administration, 10/1/2007
Exhibit Policy, Cowles Library, 8/27/2009--relinkied 6.6.2014
Faculty Manual Policy, Academic Affairs, 7/21/2010
Family Rights and Privacy Act (FERPA), Academic Affairs, 7/21/2010
Fixed Asset Policy, Accounting, 3/8/2010
Food and Drink Policy, Cowles Library, 8/14/2009
Food Allowed for Meetings or Events-Accounts Payable Guidelines Policy, Accounting, 2/24/2010
Fundraising and Recruiting Business-Accounts Payable Guidelines Policy, Accounting, 2/24/2010
General Conduct Policy, Cowles Library, 8/13/2009--relinked 6.6.2014
Gift or Gift Card -Accounts Payable Guidelines Policy, Accounting, 2/24/2010 (relinked 1.19.2013)
Golf Carts and Specialty Vehicles Policy, Finance and Administration, 11/30/2010
Grant Practices Policy, Controller, 1/14/2009
Group Travel Policy, Finance and Administration, 9/25/2009
Human Subjects Research Procedure and Policy, Academic Affairs, 7/21/2010
Independent Contractors and Consultants-Accounts Payable Guidelines Policy, Accounting, 2/24/2010
Insurance Guidelines Policy, Finance and Administration, 5/9/2011
Information Technology Policies, OIT, 9/25/2012
Intramural Policy, Athletics Rec Services, 8/9/2010
Joint Degree Pricing Policy, Finance and Administration, 12/1/2007
Authority to Obtain Legal Services Policy, Finance and Administration Board Approval, 01/16/2010
Library Policy, Law Library, 2/24/2010
Library Reference Policy, Law Library, 3/9/2010
Lodging-Accounts Payable Guidelines Policy, Accounting, 2/24/2010
Materials Check Out Policy, Cowles Library, 8/12/2009--relinked 6.6.2014
Materials Holds and Recall Policy, Cowles Library, 11/13/2009--relinked 6.6.2014
Materials Renewal Policy, Cowles Library, 8/13/2009--relinked 6.6.2014
Meals and Entertainment Business-Accounts Payable Guidelines Policy, Accounting, 2/24/2010
Meals Per Diem -Accounts Payable Guidelines Policy, Accounting, 2/24/2010 (relinked 7.19.2013)
Mileage Reimbursement-Accounts Payable Guidelines Policy, Accounting, 2/24/2010Non-discrimination NoticePolicy, Academic Affairs, 7/21/2010
Non-discrimination Policy, Law School, 8/23/2005
Nursing Mothers Policy, Human Resources, 10/22/2010 (Blueview, Employee Tab)
Office Expenses, Accounts Payable Guidelines Policy, Accounting, 2/24/2010
Overhead Compensation, Human Resources, 6/1/2008 (Blueview, Employee Tab)
Parking Policy, Finance and Administration, 8/10/2013
Parking Permit Payroll Deduction Policy (full-time faculty/staff), Payroll Finance and Administration, 7/19/2013
Patents Policy, Academic Affairs, 7/21/2010
Password Computer and Blueview Policy, OIT, 3/19/2010
Personal Belongings Policy, Finance and Administration, 9/25/2009
Plagiarism Statement Policy, Academic Affairs, 7/21/2010
Podcasting on ITUNESU Policy, OIT, 12/3/2009
Political Candidate Visits Guidelines/Policy, Finance and Administration, 05/14/2012
Possible Misconduct in Science Policy, Academic Affairs, 7/21/2010
Preferred Vendors Guidelines Policy, Finance and Administration, 3/1/2010
Print, Copy, Paperless Policy, Finance and Administration, 08/07/2012
Professional and Scholarly Activities Policy, Academic Affairs, 7/21/2010
Public Use of Library Computers Policy, Cowles Library, 8/13/2009--relinked 6.6.2014
Purchasing Card Policy, Accounting, 05/06/2010
Record Retention Guidelines, Finance and Administration, 5/20/2010
Recreation Facilities Policy, Athletics Rec Services, 8/9/2010
Relocation Expenses Payment Policy, Finance and Administration, 12/7/2009
Rental Vehicles Policy, Finance and Administration, 11/30/2010
Research Participant -Accounts Payable Guidelines Policy, Accounting, 2/24/2010
Room Reservation/Rental for Olmsted/Levitt Guidelines Policy, Finance and Administration, 3/10/2010
Sabbatical Leave Policy, Academic Affairs, 7/21/2010
Security Policy, Security, 1/4/2011
Sexual Abuse, Policy, Academic Affairs, 7/21/2010
Sexual and Other Discriminatory Harassment Policy, Academic Affairs, 7/21/2010
Sign Posting Policy, Cowles Library, 10/5/2009--relinked 6.6.2014
Smoke-Free Campus Policy, Human Resources, 7/1/2008
Special Event Policy, Cowles Library, 7/1/2005--relinked 6.6.2014
Student Accounts Payable Guidelines Policy, Accounting, 8/14/2009
Summer School Faculty Compensation Policy, Academic Affairs, 7/21/2010
Systems Computer Maintenance Policy, OIT, 2/4/2010
Technology Policy, Law School, 9/30/2009
Transportation Policy, Finance and Administration, 6/1/2009
Transportation-Accounts Payable Guidelines Policy, Accounting, 5/9/2011
Travel-Accounts Payable Guidelines Policy, Accounting, 2/24/2010
Vehicle Disposal by AuctionVehicle Disposal by AuctionVehicle Disposal by Auction Policy, Finance and Administration, 07/30/2010
Veterans Day Observance Policy, Human Resources, 10/22/2010 (Blueview, Employee Tab)
Weapons and Dangerous Substances Policy, Security, 1/04/2011
Web Site Policy, OIT, 8/13/2008
Workstation Timeout Policy, OIT 2/1/2010


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University Admission Comedy 'Crazy U' Being Developed for Will Ferrell
by Russ Fischer, slashFilm.com, 3/26/12
Posted March 27, 2012
Reading the headline above you might think Will Ferrell and Todd Phillips finally came up with a movie to follow Old School. But this is something different. New Line has picked up the screen rights to Andrew Ferguson's book Crazy U: One Dad's Crash Course In Getting His Kid Into College, and will develop the Crazy U script as a potential star turn for Ferrell.
Deadline says that Ferrell's company Gary Sanchez will produce, but there is no screenwriter set at this point.
The plot of the film is all in the full title of the book: Ferrell would play a dad who gets super-involved in making sure his son gets into an expensive and elite university. Picture Ferrell seriously over-involved in helping his kid score high on the SAT, and deal with campus visits and interviews.


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- Filed Under
A judge in Texas has sentenced one of the last two defendants convicted for helping disgraced financier R. Allen Stanford bilk investors out of more than $7 billion in one of the biggest Ponzi schemes in U.S. history.
Gilbert Lopez Jr., the ex-chief accounting officer for one of Stanford's companies, was sentenced to 20 years in prison during a hearing Thursday in Houston federal court.
Lopez's attorney says his client is remorseful for investor losses.
Another defendant, Mark Kuhrt, is set to be sentenced later Thursday.
Prosecutors say Lopez and Kuhrt helped hide Stanford's misuse of investor funds. Stanford was convicted last year on 13 fraud-related counts and sentenced to 110 years in prison.
Two other former executives with Stanford's now dismantled business empire were sentenced previously - Baldwyn natives James M. Davis, the former chief financial officer, and Laura Pendergest-Holt, the former chief investment officer. Davis got five years after pleading guilty to three fraud and conspiracy charges. Holt was sentenced to three years in prison after pleading guilty to one count of obstruction of a U.S. Securities and Exchange Commission proceeding.


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BRUSSELS (AP) — European Union lawmakers are set to hold a first vote on sweeping new data protection rules to strengthen online privacy and outlaw most data transfers to other countries' authorities to prevent spying.
The draft regulation was beefed up after Edward Snowden's leaks about allegedly widespread U.S. online snooping. It foresees stringent privacy protection and stiff fines for violations that could have significant implications for U.S. internet companies.
The legislation is expected to pass a committee vote late Monday. It's likely to be amended later on since it also requires approval by Parliament's plenary and the EU's 28 member states.
Supporters hail it as a milestone toward establishing genuine online privacy rights, while opponents warn of creating a hugely bureaucratic regulation that will overwhelm businesses and consumers.
Copyright 2013 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.


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Below is the poem entitled TWO TORN LIVES which was written by poet
Leyva. Please feel free to comment on this poem. However, please remember, PoetrySoup is a place of encouragement and growth.
Read Poems by
Hector Leyva
I stumbled upon a precious coin,
Looking at it noticed it was of gold.
Though the rich-club I wanted to join,
I gave it to a homeless man out in the cold.
Through his sadness I saw a faint smile,
I smiled back with great satisfaction.
We didn't say a word to each other for a while,
But we both knew that this was a rare action.
I walked away feeling a something I never had felt,
Something which filled a deep void within my soul.
Destiny to the man and I a rare card had delt,
Two torn lives that day it had decided to sew.


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Juanelo 334 – En la Playa XIIPublicado por Can el Dibujante, el Viernes 23 de febrero de 2007
accidentes, ahogado, condoros, letrero, mar, playa, salvavidas, señal
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Pero por mientras, disfruten ^^
¡Uf!... al fin. Me pasó de todo hoy: el auto me dejó botado, al compu se le echó a perder el grabador de DVDs, tuve que reinstalar varias cosas... pero bueh, ya saque todo adelante, así que aquí les dejo a Juanelo.


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Now that the Massachusetts Uniform Trust Code is in effect, I will be posting a series of articles detailing some of the law's key provisions. This is the first in that series.
On July 8, 2012, the Massachusetts Uniform Trust Code (MUTC) was signed into law by Governor Deval Patrick and took effect immediately. The new law ushered in some important changes related to trust administration and the rights of beneficiaries.
This series will explore some of those developments. But first, some background for those not familiar with trusts, their purpose, or how useful they can be as part of an overall estate plan.
Trusts 101
The concept behind trusts is simple, but the definition can be confusing. A trust, by definition, is the separation of legal title from equitable title of property, creating a fiduciary relationship between the holder of the legal title (the trustee) and the holder of the equitable title (the beneficiary).
What this means in plain English is that the trust is the legal owner of the property, but it is the beneficiary who gets to enjoy it. The trustee is responsible for managing, investing, and distributing the property on behalf of the beneficiary or beneficiaries. Since the trustee is entrusted with these important responsibilities, the trustee has a duty to act in the best interests of the beneficiaries, and not in their own personal interests. This is the essence of a fiduciary relationship.
Contrary to popular belief, you don't have to be wealthy to take advantage of trusts. Trusts can be valuable tools for protecting your property, preserving your privacy, and providing for your loved ones. People's goals vary. Depending on your goals, you can set up and manage a trust during your lifetime, reserving the right to update or terminate the trust at any time. This is called a revocable living trust.
You can also create a trust that effectively transfers any rights you had in the property over to the trustee, leaving you only with the benefits of certain trust income, but no control over the trust terms, and no right to the trust property. These are called irrevocable trusts, and are very useful for reducing estate taxes, protecting assets, charitable estate planning and qualifying for certain government programs.
Development of the law of trusts
Trust law has developed over time, mostly as a result of court decisions that carved out standards for interpreting such documents in a given jurisdiction. This makes trust law a creature of common law. And as is typical in a common law system, the standards and rules used to guide trust law vary from state to state.
But it has become increasingly clear that trusts are being utilized more and more in recent years, both for estate planning and for commercial purposes. As a result, the Uniform Trust Code (UTC) itself was designed as a model for states to use in codifying their trust laws. This is considered an important development: the UTC is an effort to make the law of trusts more uniform from state to state, with the hope of simplifying and facilitating the creation, administration and interpretation of trust documents.
Enactment of the Massachusetts Uniform Trust Code
Massachusetts is one of 25 states to have enacted some version of the Uniform Trust Code. The Massachusetts Uniform Trust Code applies to all express trusts created by individuals who transfer their property to a trust for the benefit of a beneficiary. While there are some specific sections of the code that only apply to trusts created after the effective date of the MUTC (July 8, 2012), the code generally applies to all express trusts – no matter when they were created.
One great attribute of trusts is that they provide flexibility for those creating their estate plans. This will not change with the enactment of the MUTC – with certain exceptions, the specific trust terms continue to control how the trust functions. But if the trust does not address a particular issue, or if it does not address an issue clearly, the MUTC provides for some default rules.
Enactment of the Massachusetts Uniform Trust Code should make it easier to determine, interpret, and apply the law of trusts in the Commonwealth of Massachusetts. This should result in a greater understanding of trusts, not only for those creating them, but for those administering and benefiting from them as well.
Contact my office if you are a Massachusetts resident interested in learning more about incorporating trusts into your estate plan.


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I liked Al. Too bad the supreme court ignored state's rights and gave the Presidency to Bush.
Those of us whom can comprehend more than simple sentences don't mind.
If you keep dropping coin in a beggar's hand he's going to thrust his open palm out again and again.
Only the military and police should discuss quantum mechanics.
Regarding the CCC bus trip to NYC. July 25th is a Wednesday.
What about pit traps? With spikes in the bottom. No accidental shootings or errant arrows. I suppose a kid might wander into one but they shouldn't be in other folks back yards anyways.
State college? Supported by State taxes? For crying out loud people . .
Given the strength of the farm lobby I'm pretty sure the chances of stopping indiscriminate use of antibiotics or stopping passage of a farm support (welfare) bill are about nil.
The path of rich or poor and the elimination of the middle class started with Ronnie the Rat and his war on working class Americans. The last Bush spent the country into debt and entangled us in the ongoing Iran and Afgan wars. Gas prices? Blame the price gouging gas companies and their lap dogs in Congress that have allowed them to become monopolies.
Only the police and military should operate snowmobiles.
I applaud you Rep. Hanna.
Will they replace pink slime with 'Soylent Green'?
If I had a house in Syracuse I'd be thinking about just walking away.
I sympathize with those frustrated folks in Manlius. The fella owns the property next to me kept it mowed last year but I think he's going to plant it to corn this year and I know it won't get cut until just about tax time. My summer is going to be terrible.
Well sometimes it's not easy to find a Republican one would want to support.
Where's the chronic poster that about here would write, "Only the police and military should have cigarettes."
Well they found his camera. I hope the police can find and recover said follicles and that mine may be there as well.
If a municipality needs new pipes I would think the municipality, not the rest of the nation, should pay for the needed new pipes.
Duct tape. Sounds like a practical solution to a problem child.


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The interview asks some pointed questions about the problems encountered with TBC and what Blizz might have learned from them. How about the daunting attunement and access difficulties that hardcore players encountered when they first loaded the expansion onto their computers? Kaplan points to how they realized that access to the instances needed to be tweaked and they did so with recent patches. Blizz would like to have world events that include the whole server again, much like Ahn'Qiraj (and I couldn't agree more, as long as the guild that opens the event doesn't do it on Monday morning like they did on Elune), and they are looking to avoid with Wrath what Kaplan "personally consider[s] a mistake in the Burning Crusade."
In addition to world events and the possibility of unlocking an attunement for all a player's characters once one of them has achieved it, Kaplan also says they are looking into improving the trade skills with Wrath. He points to leatherworking as an example of a trade skill that received little lovin' in TBC. Essentially leatherworking became obsolete as players entered Outland and received dropped items that were superior to anything they could make. "In the Wrath of the Lich King, we want everyone to be satisfied with the trade they choose and we want it to be rewarding. Therefore we're going to analyse[sic] everything we did with The Burning Crusade and previously to work out what was good and what was missed out."
Eurogamer next asked Kaplan why Blizzard has taken so long to add the additional character customization features -- tattoos and barber shops and dance instructors, oh my! -- into WoW when players have been clamoring for them for quite some time. Kaplan replied with a reference to the massive amount of development resources required to add character customization into the game. Blizzard has always said their focus is on adding new content into the game, and so I suppose they had to wait until they had sufficient hands on deck to get those lovely new hairstyles and wicked ink into the game.
When Eurogamer asked about Death Knights, it was Chris Robinson's turn to chime in. The new class will draw their powers from runes based in three schools of magic, Blood, Unholy, and Frost. As we've seen before, Robinson reiterated that players will not have to consume a character in order to create a Death Knight. Once a player completes the requisite questline, the Death Knight will be unlocked for creation as a separate character. Still no specifics on what level the Death Knight will start out as, but the range given is still between 55 and 70. I've heard 55 bandied about quite a lot, first at BlizzCon when Tom Chilton spoke about the new class, and now in this interview. My guess is that we will see the Death Knight start at that level, or somewhere very close to it.
Also of note is that Wrath will introduce large-scale non-instanced PvP into the game, on a grander scale than anything we've seen previously. I'm particularly intrigued by this since the battleground instancing system has brought order to the PvP system, and the world PvP definitely needs some TLC. I greatly hope that we will see some epic server-wide battles, and no, I'm not talking about the battle over Sentinel Hill.
[thanks Spimmy!]


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Just Keep Adding. ++++
I'm baffled as to why Christians and Christian leaders continue to add responsibilities, tasks and rules to the list called "What You Must Do and Not Do If You Call Yourself A Christian."
Were the words of Christ not enough and were the words inspired by God the Holy Spirit not adequate so now we must speak for Him and say things He did not say and demand things He did not demand?
Shame on us for making Christianity a list of hot topics… further expounded upon by us because God must have been unclear, vague or just too sidetracked to address them fully. "What He really wanted to say is this…."
Shame on us for speaking commands He never spoke and making judgments He never judged upon and rulings He never called for.
No wonder the world who is craving Jesus, runs from Christians. I have a feeling Jesus would avoid them too.
Posted in my journey by harleypetty with comments disabled.
A God That Makes Sense to Me
Why do I think that my mind should be able to make sense of God and his mind? Why do I insist?
I'm not talking about the advance of our understanding in science. Everything we learn is simply another step to understanding this amazing creation of God and like a proud parent, God probably celebrates every scientific step we make in understanding this creation of His. Our growth in scientific understanding is not what this is about because creation itself screams there is a creator God.
The problem, I guess, is we stop our journey short. Rather than seeing our journey toward God, we stop at each step and create for us a new god. 2000 years ago they did the same thing we do today with the only difference being the shape these gods take.
Some of our gods take the shape of human relationships but most do not. Our gods take the form of virtual experience. Our gods are technological wonders (to us). Most of our gods today require electricity from batteries (a few still plug in by ac only and a few are powered by fuel). We crave time with our gods and are anxious when our gods are not in our hands or in our pockets (unless it is a god we can drive, we don't have pocket space for that god).
All of our technology gods have been created using God's laws of science and physics (and any other laws I'm not smart enough to know about). These steps make sense to us. We can understand them. We created them (using God's creatively designed universe and universal laws). We discovered something. We created something. Rather than being steps toward our creator, we stop after a step, after an advancement in our understanding, and create a new, little god we can understand. It is a god that makes sense to us.
Within my reach (without having to move from my chair) I have several of those gods in front of me. Some still hold prominent places in my life… some have been pushed a little lower to make room for new, faster, more powerful, more spectacular gods.
I have hundreds and hundreds of books within my reach.
I have vcr sitting under a vcr/dvd player.
I have great digital sound system.
I have a wireless keyboard and mouse (pretty cool when these came out)
I have a powerhouse desktop pc.
I have gigs of storage sitting by terabytes of storage.
I have a wireless router.
I have two huge monitors for super desktop productivity.
I have a high resolution scanner and a digital drawing pad plugged into my cpu via usb.
I have a bizhub professional copy machine.
My list can go on… and on… and on… One more technology step, one more god after god after god.
I give them my time. I give them my attention. I give them my devotion. I study them, learn about them and read everything about them I can so I can improve my life. I give them my confidence…. which all together means I give them my worship.
Paul describes this process as it happened around him and as it still happens today (just with newer steps) in Romans chapter 1.
" 20 For ever since the world was created, people have seen the earth and sky. Through everything God made, they can clearly see his invisible qualities—his eternal power and divine nature. So they have no excuse for not knowing God. 21 Yes, they knew God, but they wouldn't worship him as God or even give him thanks. And they began to think up foolish ideas of what God was like. As a result, their minds became dark and confused. 22 Claiming to be wise, they instead became utter fools. 23 And instead of worshiping the glorious, ever-living God, they worshiped idols made to look like mere people and birds and animals and reptiles."
Pause today… consider with me where you have placed your confidence.
Posted in my journey by harleypetty with 1 comment.
Addiction. Defeat. Destruction.
Of all the tortures of hurt and pain available to the evil one, addiction must be among his mightiest. The soul who carries the pain of addiction carries many lifetimes of hurt. The precious wounded journeyer is romanced by promises of better times and pain left behind. Addiction seductively kisses the lips of the addict with the hope of freedom from the torment of life and comfort if one simply takes addiction by the hand and gives oneself away. Addiction is a liar who walks the addict to a secluded place and watches like a voyeur as anger, violence and self hate perpetrate their evil upon the addicted soul.
The journey through addiction brings some of life's biggest promises as one desires to change. The same journey brings some of life's greatest discouragements as one then fails. Looking around, the addict can see those who have obtained genuine freedom from addiction which leaves one wondering why not me too? Why won't God free me? Self-hate can even be reinforced by the victory of others. Sadly, many are left feeling they must simply accept their struggle as too great and only hope for better in our life after death.
No matter if your addiction is a substance or a behavior, God can and is willing to set you free. Beth Moore reminds us that God requires of you time, trust and cooperation. While He can free you instantly, most slowly, daily, walk toward their freedom allowing God to teach them and grow them exponentially compared to the growth that comes with instant success. It takes trust to heal slowly because we can't see the distance traveled while looking at one step at a time. But the journey is only taken one step at a time so we must trust. And to make the journey of God's freedom we must cooperate. To cooperate means to jointly work toward the same end. That means God has His parts and the journeyer has his parts… all working together toward the same freeing result. I believe the addict's parts (no matter the addiction) can best be summarized in the twelve steps. The twelve steps help you define your parts and help you understand God's parts. The twelve steps help you cooperate with God.
Now add one more thing (for now). Massive quantities of God's Word. Take it in every morning, every break time, every lunch time, every afternoon and every evening. In it you will find life. In it you will be infused with power from God Himself as His Spirit moves within you. Don't stop. Force yourself when you don't feel like it. Make yourself when you think you are full. Don' stop. Don't quit. Don't set it aside. Become so full your life overflows with the Words of God. It is the bread of life which can never make you too full because when you get full… you simply overflow and encourage those around you.
Now rename this post. Time. Trust. Cooperation.
Go and walk with God to freedom.
Posted in new life and tagged addiction, hurt, life, new life, pain by harleypetty with comments disabled.


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Shannon H.
Derek and I had been together for six and a half years at the time, and we talked daily about getting engaged and married. In January, we decided to go to a jewelry store and try on some rings. I tried on a beautiful one that I fell in love with. Two months later, Derek and I made plans to go see the Body Exhibit when it came to Pittsburgh. I was actually really sick a few days before and had trouble sleeping that night. However, Derek actually had a tougher time falling asleep but for a very different reason.
When Derek came to my house that morning, I was still getting ready and had just straightened my hair. Throughout our relationship, Derek and I had always written "why I love you " notes. Derek was sitting on the floor next to me while we were talking and handed me a note. After I read it, I thanked him and kissed him. He then, with a shaky voice, told me there was something else, and I reached in his pocket. I immediately started to cry because I knew what he was doing. He proposed, and I said yes after saying, "Oh my God " and "Are you serious? " fifteen times. Derek then handed me the same note he had given me before, but this one read, "Will you marry me? " It was perfect.


text: On Thu, Oct 11, 2001, Richard Bergen wrote: > On Thu, 11 Oct 2001, eliab wrote: > > > >upgraded m4 from gnu.org > > > > why? do you think your running linux or something, > > compiling sendmail (from sendmail.org) required me to upgrade m4. I can't > remember exactly what the error was (something like this version isn't > compatible). That was only before m4 in OpenBSD was changed due to my request (as "usual" it was done almost immediately, thanks to the OpenBSD team for that). See sendmail/README.