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Please(1)read the first question on the exam; (2) your answer to the question; (3) my analysis below; and (4) reread your answer. Then do the same for the other questions and answers. I shall then talk about some of the same issues and answer questions, if any. At the end of the class, please return your blue book to me; you may keep the analysis sheet and questions.
First, please read the question itself. It asks about the granting of summary judgment to plaintiff's complaint against Turner and Imperial for Negligence. That means the court would have to find that reasonable minds, construing the evidence most favorably to plaintiff, would have to find that plaintiff had not properly alleged facts which could lead a jury to find negligence on their parts, or had shown, as a matter of law, some defense to the action. Since it specifically says P has brought an action for Negligence, and Ds are attacking the validity of that action, you should not have been discussing Strict Liability for Abnormally Dangerous Activities or any intentional torts....just negligence and possible defenses to negligence. If there is a question of fact remaining, than the summary judgment should be denied. If it is clear that there was no negligence, because, for example, there was no duty or a limited duty owed to P and no evidence it was breached, then the SJ should be granted.
As to Defendant Turner, the first thing to establish was the status of P on the premises of Turner Mfg. To receive the full credit of 8 points, one would have had to define invitees and licensees, discuss the corresponding duties owed by owners or occupiers of land to each, for both conditions on the land and activities, discuss the analogous Fireman's rule which many states use to make public employees licensees, discuss the trend to abolish the categories, and then decide which category P fell within. Assuming he was an invitee, the Def. owed him a duty to use reasonable care in inspecting the property to find and fix or at least warn of dangerous conditions and ordinary care in activities on the land. It should be emphasized that where the defendant is an owner or occupier of land and the plaintiff is an invitee or licensee, there is no need to discuss the Cardozo and Andrews' views of duty; the law supplies the duty to the plaintiff once his/her status is determined. [Incidentally, in spite of spelling drill, approximately 40% spelled Justice Cardozo's name wrong].
[The most common difficulties here were (1) merely stating legal conclusions.....stating P was an invitee without explaining why, or why he wasn't a licensee; (2) failing to adequately define the duty owed to either classification, especially as far as activities....most students didn't even mention the difference in standards as to conditions and activities; (3) failure to address the analogous Fireman's Rule; (4) failure to discuss the trend to abolish the difference in the categories; and (5) after starting with P being a licensee or invitee, going to the foreseeable plaintiff or duty to society analysis.]
Once the duty was properly defined, one would have to see if there was evidence tending to show that it was breached. Certainly, the employee was careless in bumping the cover and knocking it from the chains while changing the bulb (an activity), and the employer is liable for negligence of its employee within the scope of employment. Perhaps the defendant could have placed barriers in front of the cauldrons without much burden, since it was foreseeable that the covers or other objects could be dropped into the extremely hot liquid and spill over the very low sides of the cauldrons. (ordinary reasonable conduct to prevent harm from an activity, or at least to serve as a warning of a dangerous condition). Other signs or an oral warning might have been given. Perhaps, one could resort to Res Ipsa Loquitur to produce an inference of negligence (in most states), since covers don't normally fall so easily from chains unless someone has been careless, defendant had exclusive control over the chains and cover and cauldrons, and plaintiff didn't cause the injury. On the other hand, Turner would argue it was relying on custom and usage and the advice of the manufacturer and acting reasonably in using the covers without any testing on its part, and that the burdens of doing any further testing would be greater than the risk of harm.
[The most common problems here were (1) failing to pinpoint what acts defendant could have taken to prevent harm; (2) failure to be consistent.....talking about a duty to give warning of danger in the duty discussion and then talking about it being breached by the employee bumping into the chains in the breach analysis; (3) not understanding res ipsa loquitur]
The discussion of Turner's possible negligence (duty and breach) was worth a possible 8 points.
Then, assuming one or more of the above acts could be found to be negligent, one had to discuss proximate cause. First, one would have to discuss which view of cause in fact would be applied: either but for or substantial factor. [Some came up with some very strange rules, including concurrent causes, enterprise liability, etc.] Since it was alleged that the negligence of two defendants combined to cause the injury, the proper test was probably the substantial factor test; but in any case, even the but for test is established against Turner. If it hadn't failed to place barriers, or if the employee had used due care in handling the chains, etc., the resulting injury would not have occurred.
There are two views of legal cause. But neither of them stem from Justice Cardozo's view in Palsgraff!, as a fair number of students stated. He discussed Duty---not proximate cause. The foreseeable consequences test would require that the defendant be able to foresee the Kind of injury suffered by Plaintiff from its negligent act or condition....although the manner nor extent of the injuries need to be foreseen. Here, the foreseeable result of negligently bumping the chain would be to knock the cover or chains into the cauldron and cause splashing of the extremely hot liquid on those nearby, or the failure to block off the cauldrons would result in objects dropped into the cauldron splashing those nearby; that's exactly what happened, although not in the manner that was foreseeable. The consequence/manner distinction was a key point here.
The direct consequences test requires that the negligent act proceed to cause the injury in a traceable direct chain, without unforeseeable intervening causes, and cause injury not too distant in time and space. Here, the result was direct, although delayed by four minutes.
[Most common problems: (1) mixing up Cardozo's view of duty with foreseeable consequences view of legal cause; (2) mixing up cause in fact with direct consequences view of legal cause; (3) failing to grasp the manner/consequence distinction; (4) surprisingly, failing to discuss legal cause at all.]
Proximate cause was worth a maximum of 8 points.
Was Imperial negligent? Remember, you were not to discuss strict liability in tort, either for abnormally dangerous acts or for products liability. Here, one would have to examine the two views of duty....Cardozo's foreseeable plaintiff view and Andrews' view of a possible duty to society. One would have to weigh the foreseeability of harm, the gravity of harm, against the burdens of taking additional precautions. Was it foreseeable to a reasonable manufacturer that if it failed to test the covers for potential chemical reaction an explosion might occur, injuring anyone standing nearby (including someone like the plaintiff?) It would argue it acted reasonably in relying on over 20 years of experience and industry wide custom and usage, which ordinarily is a strong factor in deciding if one is acting reasonably or not. However, custom and usage are not conclusive; and a court may find a whole industry has acted carelessly. No one ever tested the covers, yet it was foreseeable they would come into contact with very hot liquids. Wouldn't a reasonable person try to determine the effect of such contact? It can be argued that the failure to test, at all, is unreasonable conduct and created a foreseeable risk of harm to workers and others in the factories using the covers. What would be the burdens, financial, physical or societal, in conducting such a test in light of the fact that no similar occurrence had been reported in all those years?
Cause in fact and legal cause would then easily be established; negligence by the factory workers or company would not be a superseding [note spelling] cause.
[Most common problems: (1) leaving out any separate discussion or any discussion at all about Imperial; (2) not discussing foreseeability of harm to plaintiff or others; (3) defining Andrews' view as a duty to society arising if anyone is injured....it doesn't work that way...it arises if one can foresee injury to anyone, and in light of the burdens of preventing the injury, a reasonable person would take specific steps to avoid it. It's not a hindsight test...if one is injured there was a duty not to injure her/him; it had to at least be foreseeable that someone would be injured.]
Imperial's possible negligence was worth 8 points.
If both are negligent and the proximate cause of the injury, they become jointly and severally liable, with some description of what that means then required. But there are potential defenses, including contributory negligence by plaintiff in moving to the cauldron and peering in, or assumption of risk, in entering a dangerous factory and moving towards the allegedly known risk of the hot liquid. On the other hand, he was there to inspect dangerous conditions, and the danger of splashing appeared to him, reasonably, to be over once the cover sank; he could not foresee or know that the explosion would occur.
The discussion of A/R, C/N and Jt and Sev. together added up to a maximum of 8 points.
I think the average number of points given on this question was about 18 out of 40.
Question II (A). Evening Division Question.
The issues here included the possibility of an assault by Plaintiff on the two defendants (probably not), possible assaults by Defendants on Plaintiff, possible batteries by both defendants on Plaintiff, false imprisonment by Darwin, an alleged privilege of self-defense by Tallinger, an alleged privilege of defense of others (and possibly self-defense) by Darwin, a consideration of the effect of the defendants' ages on liability, and an analysis of whether there could be joint and several liability for acting in concert.
First, did Plaintiff commit an Assault upon the two potential defendants by yelling at them, advancing towards them, accusing them of beating his friend, when he was older and bigger than they were? One would need to accurately define Assault, which is something like intentionally causing, by an overt act directed at the victim, a reasonable belief that the actor was about to inflict a battery, coupled with an apparent present ability to carry it out, without consent or other privilege. Mere words, no matter how violent, cannot constitute an Assault; there must be an overt act directed at the victim which creates a reasonable apprehension of an imminent battery. While the size and age of the apparent assailant may be taken into consideration in judging whether the victim could reasonably believe he/she was about to be struck, here, merely starting towards the two boys, without any further physical act, even though he was shouting at them, would not lead them, yet, to reasonably believe they were about to be hit.
Next, Parker claims that Tallinger hit him with a judo blow and knocked him to the ground. If Parker saw the blow coming, he obviously suffered an Assault (unless it was privileged) since there was an overt act directed at him which created a reasonable belief he was about to be struck. When Darwin hit Parker with a brick, he hit him from the rear, so it does not seem there was an Assault at that time, since Parker would not have seen the blow coming.
The discussion of all these possible assaults was worth a total of 4 points.
Next, the judo blow would clearly be a battery, if unprivileged. Tallinger would have intentionally (acted for the purpose of) caused a harmful or offensive contact with Parker's person. Similarly, Darwin would have committed at least one battery by striking Parker with the brick, and probably another when he shoved Parker into the shed.
The discussion of these possible batteries was worth a total of 4 points.
Darwin also committed a false imprisonment by placing Parker in the shed. He intentionally (acted for the purpose of) caused P's total confinement within boundaries (in this case, physical) established by D, with no reasonable means of escape. While P may not have known about his confinement at the time, he surely realized it when his dazed condition was relieved. Furthermore, even if the original imprisonment could somehow be privileged, D committed a further false imprisonment when he failed to release P. While normally, there is no affirmative duty to act to help others in distress, there is an exception where it is the defendant's act, even innocent in character, that placed P in the position of peril.
The discussion of false imprisonment was worth 3 points.
Tallinger would argue he was justified in inflicting the judo blow to Parker because he reasonably feared he was about to be attacked, and would therefore be entitled to use self-defense measures. As stated above, Parker probably did not yet commit an Assault merely by shouting and starting towards the two boys. Of course, a court could find that Tallinger reasonably believed that because of his size and demeanor, Tallinger was about to attack him and he preemptively used the judo blow to prevent harm to himself. A person is allowed to use reasonable force when and to the extent he/she reasonably believes it necessary to prevent the other's use of similar force to him/her. There also is a question of whether a judo blow would be reasonable force under the circumstances. If one uses excessive force, the privilege, otherwise present, would be lost, and the defender is treated as the aggressor and loses any privilege. If the defense is otherwise present here, Tallinger didn't have to retreat; he would have been entitled to stand his ground.
Darwin would claim defense of others. There are two views on this defense. One is entitled to use reasonable force when and to the extent one reasonably believes that another person is threatened with similar force by the one struck. Under one view, the defender steps into the shoes of the person being aided, and if that person would not have been entitled to defend him/herself, the defender is not either, no matter how reasonable the mistake may be. So, under this view, if Tallinger was not entitled to defend himself, because there was no reasonable threat of violence by Parker, or because Tallinger used excessive force in defending himself by the judo blow, Darwin likewise would not be privileged. The other view says that the defender is allowed to act upon what reasonably appears to him/her at the time; a reasonable mistake of fact will not negate the privilege, even if the defender aids the wrong party. Under this view, in the dark, with what appeared to be a knife, Darwin would be entitled to use reasonable (perhaps even deadly) force to protect Tallinger.
Tallinger's use of self-defense was worth 3 points, Darwin's use of defense of others was worth 3 points and the discussion of excessive force was worth 3 points.
Finally, extra credit of up to 2 points was awarded for talking about the effect of the D's age, as minors, and whether that would affect their liability for intentional torts, and another possible 2 points was awarded for discussing whether the Ds were acting in concert and could, if unprivileged, be held jointly and severally liable. On the other hand, some students attempted an analysis of Intentional Infliction of Emotional Distress, a perfectly viable theory here. However, I had instructed both classes that I would not test on this subject on the exam since I did not cover it in class (because it was the subject of a Legal Writing assignment). I was in a quandary -- I couldn't very well give credit to those who argued for the possibility of such an action since that would be unfair to those who didn't do so because of my instructions. On the other hand, those who did attempt to analyze IIED spent valuable time they could have spent on more relevant topics. In the end, I chose not to even read the stuff on IIED since my instructions about it and products liability had been explicit, but I felt badly.
Question II B. (Day Division Students)
This question proved to be exceptionally bothersome to most students in the class. It was taken from another casebook as a discussion problem on Battery.
Battery was the first possible tort. The definition of Battery we used in class (but some seemed to abandon for the test in favor of something obviously taken from a commercial outline) was Intentionally causing harmful or offensive contact to P's person (or an extension of the person) without consent or other privilege. The definition of Intentionally, remember, is either acting for the purpose of causing the needed contact, or acting with knowledge to a substantial certainty that the contact would occur. Here, surely D admits that it was her purpose to cause P's death by a plane crash in repeatedly sending him in to the terrorist area....she hoped and prayed he would be shot down. So, arguably the Intent was present, and surely there was harmful contact....the crash, causing his death. [A discussion of Battery, Intent, Act, Harmful Contact, etc. was worth 4 points]
The key issue was causation.
Here one had to use analogy and other things learned in the course. Is the definition of Causing for battery the overall Cause in fact definition of Negligence law .... but for???? or does it encompass the concept of legal cause??? Here, if but for is the test, it could be argued that but for D sending him on the trip he would not have been attacked by the terrorists and killed. But if the test encompasses legal cause, did D cause the terrorists to attack? And doesn't the intervening criminal act of another normally supersede the D's responsibility? But it could be argued that the test is foreseeability, in which case it surely was. I frankly didn't care what answer people arrived at, so long as they saw the somewhat subtle issues. [A discussion of causation and proximate causation was worth 4 points]
If there was no intentional tort of battery, arguably D could be liable for Recklessness (Wilful and Wanton conduct), or perhaps ordinary negligence. Recklessness requires a showing that the D could foresee from her acts (sending him on the trips) the high probability of harm (from terrorist activity) and a conscious disregard of the consequences. Surely, it was foreseeable to D that there was a good possibility of the kind of harm suffered; the question would be whether it was a high probability or not. There had been a few incidents, but not every plane was attacked, so it could be argued by D that it was only a reasonable possibility, not probability. The conscious disregard portion of the definition would be met. But if one concluded there was not a high probability, it at least was a reasonably foreseeable consequence; and the gravity of the foreseeable injury was tremendous. No great burden, physical, financial or societal, would have been imposed on D, since the trips were not warranted by business anyhow, and were only personally motivated. Thus, duty and breach would be easily established. Then, whether one found recklessness or negligence, one would have to find the causation in fact and legal causation issues above satisfied. [Recklessness/Negligence was worth a total of 5 points]
One possible defense was the Statute of Limitations. P's death was two and one-half years ago. Statutes of limitations ordinarily run from the time the cause of action "accrues" and for most torts are one or two years. Here, accrual would be at the time all the elements were satisfied, which would be when P died. However, most states have interpreted their S/Ls to be qualified by the "discovery" rule, and hold that accrual doesn't occur until the P discovered the cause of action, or reasonably should have. Here, until D's letter, his widow had no knowledge that D had done anything to help cause P's death, so it could be argued that the action did not accrue until the letter was received. [The Statue of Limitations received a maximum of 5 points]
Then, I awarded another 2 points for other reasonable or even unreasonable arguments, including negligent infliction of emotional distress to the widow by sending the letter, or hearing about her husband's death.
Question III
As the instructions stressed, one needed to organize this answer to do really well, and there were a number of possible logical organizational frameworks. However, many people did not seem to strive to do this, so that they may have started out talking about one particular person's potential liability, but switched in the middle of that analysis to another person's liability, or some defense available against one of the potential plaintiffs, or some other intrusion on logical organization.
First, Drew and the County's potential liability.
One easy answer would be that at common law, the County would be immune from tort liability, with an explanation of why, then a discussion of the distinctions some courts applied between proprietary and governmental functions, the trend, now almost universal, to abolish governmental immunity, but the trend now for legislatures to at least partially restore it. (We didn't really discuss the nuances of this, but the County's immunity, at common law, and under most statutes, doesn't necessarily extend to the employee himself). [A discussion of Immunity was worth a total of 3 points]
Assuming immunity could be overcome, was the County, acting through its employee Drew, negligent in transporting the machinery? (incidentally, if the County were held liable, it doesn't relieve the employee of liability, as several students claimed). How do we decide if one is negligent? We first act what was foreseeable, as a reasonable possibility, from the allegedly negligent act? What is foreseeable from operating this transport, with the machinery extending 2 to 6 inches into the oncoming lane of traffic? What would be the gravity if the event occurred? Then what burden would there be on the defendant to take precautions to prevent this from happening? Could the defendant have done more than it did? What would a reasonable prudent person in these circumstances have done?
The problem here is most people simply said D did all these things and therefore was acting carefully. Surely, it was foreseeable that an oncoming vehicle would strike the protruding machinery. Was what Drew did sufficient to prevent that? While I didn't care what conclusion you reached, it was important to review carefully the things done and not done, and not simply conclude yes or no. For example, the flashing light might alert oncoming traffic that there was some problem with the vehicle and cause it to slow down, but wouldn't by itself alert the oncoming traffic that the load might protrude into the other lane. The reflectors wouldn't help very much at dusk, especially from the front, where oncoming traffic was. The sign "Danger-Very Wide Load" might not be easily seen by oncoming traffic, coming over a hill, even at speeds within the speed laws; even if it could be seen, would it necessarily tell the oncoming driver that the load was wide enough that it might be intruding into the oncoming driver's lane? What else could Drew/The County have done? As some pointed out, they could have had a lead car giving much more warning, and cautioning oncoming vehicles to move as far to the right as they could. Possibly, a revolving light could have been placed at the extreme outside of the earthmover, so the oncoming cars could see it in their lane. Etc. [The issue of Drew/the County's potential negligence was worth 5 points]
Ms Norman arguably was contributorily negligent by speeding. At common law, this would have been a complete bar to recovery against Drew/the County. Arguably, Ms. Norman's contributory negligence (and affirmative negligence towards the other injured victims) was due to Violation of Statute, the speed laws, which she exceeded by 20 miles per hour. Most states find violation of a safety statute, designed to protect the injured victims as a class against the kind of hazard suffered, to be negligence per se, i.e., to establish that defendant owed the victims a duty which it breached. Others treat violation as a presumption of negligence, or, as in Illinois, evidence of negligence, i.e., evidence of what the standard of care should have been and that it was breached. There is little question that Norman was negligent under any of these views. The purpose of the statute was safety, it was designed to protect other drivers on the road and possibly others off the road from collisions caused by excessive speed. The problem, missed by most students, was whether the negligence --- speeding -- was a proximate cause of Norman's injuries. Can it be said that "but for" the speeding, Norman would not have collided with the road grader? Or if one takes the view that because there allegedly are multiple causes involved, was Norman's speed a substantial factor in causing the collision???? Another way of putting this is would the collision have likely occurred even if Norman was travelling at 55 m.p.h. when she reached the downside of the hill?
Some argued that had she been travelling at the proper speed she may have been better able to see the warning sign and read it, and move over to the right side of the road to avoid the collision. Some argued she may have been able to slow or stop her car if travelling at the speed limit, but was unable to do so because she was speeding. Those are good arguments. But unless you tried to make something like those arguments, merely saying that speeding was a cause in fact of the collision was not good. [A full discussion of violation of statute as contributory and affirmative negligence, and the proximate cause of the collision was worth a possible 5 points].
Both for Drew and for Norman there then were the questions of possible liability to Able/Chumley, Leona Leonard and her parents. For Norman, if one were relying on the Violation of Statute, one would have to decide whether these people were within the class of people the speed laws were designed to protect. Were they???
For Drew, this called for an analysis (1) of the two view of duty....Cardozo's (note the proper spelling) and Andrews' views of duty from Palsgraff; and (2) the two major views of legal cause....foreseeable consequences and direct consequences. Cardozo would require that D be able to foresee, as a reasonable possibility, some injury to a specific victim...here, Able/Chumley, Leona and her parents, though not the manner of the injury. Able/Chumley, another user of the highway would be pretty easily foreseeable to Drew. The question would be whether Leona, a mile and forty minutes away, was a foreseeable victim of a collision on the highway, and likewise whether her parents, even further away could be threatened with any kind of harm. Neither Norman nor Drew knew there was a toxic chemical truck nearby, so that couldn't heighten their knowledge of the possibility of the event that actually occurred. Under Andrews' view, however, since Drew's act, if negligent, foreseeably could have injured Norman and Able/Chumley, and the burden of preventing these injuries did not outweigh the possibility, there would have been a duty to society not to do the act in the manner he did....(of course, one could find the burden did outweigh the foreseeable risk of harm, in which case there would be no negligence to anyone). [This view is not, as many said, that there is a duty to anyone injured....one must first find that injury to someone is foreseeable and the other factors (gravity/burden/reasonable person standard) result in a duty to that person, which then translates to a duty to society. [A discussion of the two views of duty to the various people was worth 5 points]
Then, there would be an explanation of the two views of legal cause. Under the foreseeable consequences test, one would reach a result quite similar to the analysis of Cardozo's under duty, but not necessarily. Once again, injuries to Norman and Able/Chumley of the kind suffered were reasonably foreseeable. But without foreseeability of the intervention of the toxic chemicals, could Drew (or Norman) reasonably have foreseen the kind of injury Leona or her parents suffered? Under direct consequences, things could be traced in a chain of events, foreseeable from one step to the next. But there are important factors of time and space. Leona's injuries occurred nearly an hour later, one mile away. And the parent's injuries were suffered much later, and even further away. A court could find they were too remote from the negligence of not warning oncoming drivers of an extra wide load, or from the negligence per se of speeding. (Incidentally, Norman's act is not a superseding cause if Drew is negligent; it probably is a concurring act of negligence, producing a single indivisible injury to Able and possibly the others)[The proximate cause discussion was worth 5 points]
Able/Chumley didn't seem to do anything negligently. 200 yards is a pretty safe distance behind the wide load truck, even for one carrying toxic materials. However, it might be argued that they were engaged in an abnormally dangerous or ultrahazardous activity, which should lead to strict liability in tort (liability without fault). This involved discussion of the factors which go into the determination of what constitutes ultrahazardous activity, as well as proximate cause liability to Leona and her parents. Some even argued, logically, that Drew/the County also were engaged in an ultrahazardous/abnormally dangerous activity and should have been strictly liable. [Strict liability discussion = 5 points]
Leona's parents suffered loss of their crops, which I described as "economic loss". Of course, my description should not be determinative of the legal issue....were their injuries pure economic loss, which is not recoverable in tort? Or were they merely property damages...the destruction of their property...which is fully recoverable? [economic loss analysis = 3 points]
Finally, the discussion of contributory negligence/comparative fault, and joint and several liability of the various parties, plus any other relevant arguments, was worth an additional 4 points.
General Comments On Exam Taking
Please re-read the instructions on the exam.
First, there were far too many of you who did not follow even the procedural instructions on the exam. You were to begin the answer to each question on a separate page; I would estimate that twenty people violated this instruction. You were to answer the questions in the blue book (or on the computer) in the order they were given (you could have answered them in a different order, but saving space in the blue books for them to appear to me to have been answered in order). There were quite a few violations of this instruction. The instructions said to take only one extra blue book for scratch, unless you used that one up, when you could have another. At least thirty people had two, three or four empty blue books turned in with their answer. As I explained on the instructions, this increases the chances of losing a blue book or portion of one; it simply is unnecessary.
Then there were the substantive instructions. On the first question, you were told to discuss a motion for summary judgment on Negligence actions filed against two defendants. The question even said don't discuss privity or products liability concepts; confine your discussion to relevant concepts of negligence. Yet many students spent time discussing a possible action based on strict liability (for ultrahazardous activity), and a couple even (incorrectly) said P could have sued for several intentional torts. Many said P may possibly bring in evidence of x or y.....but right now, we have to decide whether the summary judgment should be granted or not, not what will happen later if it is denied. And when a question says "evaluate any actions available" it doesn't mean you just list the possible actions.....you have to discuss how viable the action might be....what element or elements would be missing or arguably missing or difficult to show, or what defenses might reasonably be asserted, and how likely are they to be successful? You must read and answer the question(s) asked, not some other questions.
I hope that this review will prove helpful to you on future exams in other courses. Good luck.
Remember also what I told you in class. One of the most important things you are being tested on is your ability to analyze the facts to determine the issues raised by the facts.
Did you clearly identify each issue before you discussed it? Did you, for example, after stating a definition of duty or battery or whatever, then say, "the first issue is whether ...." (for example, in the last question, "whether Norman's negligent speeding proximately caused the collision with the road grader".) Did you have a lot of zeros listed at the end, meaning you missed a bunch of issues completely?
The second thing you are tested on is your understanding of the fundamental principles of law applicable. Did you fully discuss the rules or doctrine? Did you define licensees and invitees and the difference it would make in the outcome if Plaintiff were one or the other...i.e., what the duties are to each? Did you elaborate on this, with trends, or analogies to other rules, like the fireman's rule, or assumption of risk doctrine? If an issue was worth 5 points and you only got 3, one likely explanation was that you didn't fully explain the doctrine and its exceptions, trends, etc. (the other is that you didn't apply it very well).
The third thing tested was your ability to reason...to apply the principles to the facts to reach a logical conclusion. Did you show the application, or did you merely state a legal conclusion? Did you say "under this definition, P was an invitee"? or "P was an invitee because his visit bestowed an economic benefit." or did you go on to show what that economic benefit was or might be? In the last question, did you merely say "Drew acted reasonably in carrying the road grader", or did you say "To expect Drew to do more than the various things he did to warn oncoming traffic would be too great an economic and societal burden"? or did you go on to explain why it would be too great an economic or societal burden? The last in each of these sets is better than the others, and the second in each is much better than the first.
I glanced at a significant sample of Scratch booklets, to see how many of you outlined in advance your answers. Relatively few had any kind of detailed outlines.
My suggestion to you now is to rewrite all or at least one of the questions and answers, taking as much time as you need to do it as perfectly as you can. You now will have a model of what you should be striving for on future exams.


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Survivor of Dr. Mengele's Twin Experiments at Auschwitz to Speak at Chestnut Hill College
Thursday, October 10, 2013 7:00 PM
Eva Kor, a survivor of Dr. Josef Mengele's gruesome twin experiments in Auschwitz, founder of CANDLES (Children of Auschwitz Nazi Deadly Lab Experiments Survivors) Holocaust Museum and internationally recognized speaker on forgiveness will speak at the College on Thursday, October 10 at 7 p.m. in the East Parlor.
The event is free and open to the public. For more information, contact Dr. Marie Conn at 215.248.7044 or email@example.com.
Show All Events for October

subset: commoncrawl


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Autism is the most common of the Pervasive Developmental Disorders, affecting an estimated 1 in 88 births and approximately 1 in 64 births in Arizona (Centers for Disease Control Prevention, 2012). Roughly translated, this means as many as 1.5 million Americans today are believed to have some form of autism. It is estimated that by the year 2023, there will be 380,000 adults with autism in need of extensive services.
Based on statistics from the U.S. Department of Education and other governmental agencies, autism is growing at a startling rate of 10-17 percent per year. At this rate, the ASA estimates that the prevalence of autism could reach 4 million Americans in the next decade.
Autism knows no racial, ethnic, or social boundaries; family income levels; lifestyle choices; or educational levels, and can affect any family and any child.


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About LIM College
Visual Merchandising Students Create Japanese-Themed Display for the National Stationery Show
1,600 square-foot exhibition featured paper fashions and 16-foot origami dragon
For the seventh consecutive year, the work of LIM College Visual Merchandising students was prominently displayed at the National Stationery Show (NSS).
The NSS was held at the Jacob Javits Convention Center in Manhattan from May 19-21, 2013. In response to a request from George Little Management (GLM), the producers of the National Stationery Show, Visual Merchandising students and faculty worked together to create a 1,600 square-foot exhibition space for the show's Best New Product display.
Paper was the medium for creation of the colorful, lively exhibit, which included a 16-foot origami dragon, origami cherry blossoms, and paper fashions inspired by Japanese Harajuku street style. In addition to the valuable hands-on experience they acquired, each participant also received a $100 stipend.


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Rod McKuen, Mega-Selling Poet And Performer, Dies At 81
The husky-voiced "King of Kitsch" whose music, verse and spoken-word recordings in the 1960s and '70s won him an Oscar nomination and made him one of the best-selling poets in history, has died.
Top Local Poets In Connecticut
When there is an occasion for great happiness or great sadness, people cannot always find the right words to celebrate or mourn with. They turn to their poets for the perfect words. Connecticut has many such gifted men and women.
Plea Deal In Theft Of Robert Frost Cards And Letters
A Vermont man charged with stealing original cards and letters written by poet Robert Frost has pleaded guilty to a misdemeanor charge in a deal with prosecutors.
Top Poetry Events In Connecticut
April is National Poetry Month, so bring on the sonnets, limericks and haikus and be prepared to be dazzled by cerebral creativity in Connecticut.
Polly Brody: Poet + Artist = Ekphrasis!
Just pronouncing the word, "ekphrasis" sounds like it should be followed by an exclamation point. It certainly deserves a lot of attention. Ekphrasis is a literary response to a visual work of art. It is a celebration, especially when distinguished poet Polly Brody of Southbury responds to a painting by renowned Bristol artist Lorna Cyr.


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Mining Publication: Gel Sealants for the Mitigation of Spontaneous Heatings in Coal Mines
Original creation date: January 1995
Coal mines that undergo self-heatings, and specifically mines that sustain both floor heave and self-heatings, would benefit from the use of sealants to minimize air ingress to susceptible areas. The U.S. Bureau of Mines (USBM) evaluated three sealant systems for this purpose, bentonite-water mixtures, silicate gel, and guar gum gel. The guar gum-based gel was the only sealant that possessed the desired properties of elasticity, ease of preparation, adaptability to the mine, and a long life. In addition, since the gel consists mostly of water, it could quench or cool nearby heatings. Optimal formulations were determined in laboratory tests, and then tested in the USBM Safety Research Coal Mine. Two formulations resulted in stable gels that lasted for at least 12 months in the mine. Semicontinuous preparation of gel using an eductor was evaluated and appears feasible. Although guar gum gel is expensive, selective use to prevent heatings in specific areas would be cost-effective, both in terms of productivity and enhanced mine safety.
Report of InvestigationsJanuary - 1995
NIOSHTIC2 Number: 20023816
Pittsburgh, PA: U.S. Department of the Interior, Bureau of Mines, RI 9585, 1995 Jan; :1-16
Contact Us:
- Office of Mine Safety and Health (OMSHR)
- National Institute for Occupational Safety and Health (NIOSH)
- Centers for Disease Control and Prevention
- New Hours of Operation
8am-8pm ET/Monday-Friday
Closed Holidays
- firstname.lastname@example.com


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VIDEO: Sherpa Adventure Gearadded Jan/2013, see all Sherpa Adventure Gear news & reviews
Product news by Bradshaw Taylor Ltd
This announcement has been read 3,348 times
This short video gives an insight into the company Sherpa Adventure Gear. Based in Kathmandu this family run business aim to keep their Nepalese traditions and ethics alive, and have a philosophy of giving back into the Sherpa and Nepalese community.
You can also see this news item for more information about Sherpa Adventure Gear: NEW BRAND: Sherpa Adventure Gear in UK Shops From Autumn 2012.
Also see these UKC Videos:
Tsedo Sherpa, daughter to company founder Tashi Sherpa, introduces the new Sherpa brand including the fsdcinating story of their origin and ethos.
Kenton Cool on the Sherpa Krititech Jacket
For more information visit Sherpa Adventure Gear
Gear Forum ( Read more | 1 comments, 29 Jan 2013 )
This announcement has been read 3,348 times
Return to Latest Industry News & Reviews or list other Press Releases gear
Gear News and Outdoor Industry News at UKC and UKH presents climbing, walking and mountaineering equipment and stories that will be of interest to UKHillwalking.com's readers. They are not gear reviews and are provided by companies that advertise with UKClimbing Limited. Please feel free to comment about the stories and products on the associated thread.


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BRIAR, TEXAS. Briar is on Farm Road 730 twenty-two miles northwest of Weatherford in the northeast corner of Parker County, the southwest corner of Wise County, and the northwest tip of Tarrant County. The community's development began in the late 1870s and early 1880s. A local post office operated from 1884 until 1904. By the late 1890s the community had thirty residents and two businesses. For much of its history Briar has served area farmers as a school and church community. Until the late 1960s its population remained well under fifty. In the early 1970s, however, the community began to grow rapidly as a result of the growth of nearby Fort Worth. In 1980 the population was estimated at 1,810: 349 in Parker County, 642 in Wise County, and 819 in Tarrant County. In 1990 the population was 3,899, and in 2000 it was 5,350.
John Clements, Flying the Colors: Texas, a Comprehensive Look at Texas Today, County by County (Dallas: Clements Research, 1984).
The following, adapted from the Chicago Manual of Style, 15th edition, is the preferred citation for this article.David Minor, "BRIAR, TX," Handbook of Texas Online (http://www.tshaonline.org/handbook/online/articles/hjb16), accessed July 31, 2015. Uploaded on June 12, 2010. Published by the Texas State Historical Association.


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Plymouth Argyle sign new striker Paris Cowan-Hall from Woking
Posted: May 29, 2012|
STRIKER Paris Cowan-Hall has become Plymouth Argyle manager Carl Fletcher's first new signing of the summer.
The 21-year-old, who can also play as a winger, is arriving at Home Park from Conference South champions Woking.
Cowan-Hall has passed a medical but will not officially complete his move to the Pilgrims until July 1.
He was out of contract at Woking, but because of his young age and the fact he rejected a new deal to stay there, Argyle have had to agree a compensation fee for him with the Surrey outfit.
As per club policy, the Pilgrims are not disclosing the length of contract Cowan-Hall has signed for them.
Woking snapped up the striker in August 2011, after he was released by Scunthorpe United at the end of the previous season.
Cowan-Hall had trials with Gillingham and Newport County before ending up at Woking, and it proved to be a successful move for both parties.
Woking, whose first team coach is Plymouth-born former Yeovil Town manager Steve Thompson, finished top of Conference South by nine points from runners-up Dartford.
And Cowan-Hall finished as the second top scorer for the Cards, with 17 goals from 34 starts and eight substitute appearances.
He signed for Portsmouth in 2007, having had trials with Chelsea and Manchester United at the age of 16.
Cowan-Hall moved on loan to Grimsby Town in January 2010 and made his debut as a late substitute in a 1-1 draw at home to Bury in League Two.
However, his stay at Blundell Park was short-lived because of a bout of glandular fever.
Cowan-Hall later re-signed for Grimsby with the intention of staying until the end of the 2009/10 season, but suffered a hamstring injury after making only two more substitute appearances for the Mariners.
He was released by Portsmouth that summer, having not played at first team level for them, and eventually signed for Scunthorpe on non-contract terms in October 2010.
Cowan-Hall made only one appearance for the Iron, as a substitute in a 2-1 home defeat by Watford in the Championship in January 2011.
The following month he started a short loan spell at Rushden and Diamonds, for whom he had played at youth team level.
The signing of Cowan-Hall takes the size of Argyle's squad to 21 players, which includes five first-year professionals.
Out-of-contract full-backs Durrell Berry and Robbie Williams have also been offered new deals by the Pilgrims.
ARGYLE memberships for 2012/13 are continuing to prove popular with the Green Army.
Existing season ticket holders have until Thursday to reclaim their 2011/12 seat. From June 1, unclaimed seats will go on general sale.
Contact the Argyle box office (telephone 0845 872 3335) for further information.


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Aires: So, as giddy as I have been with the return of the best wrestler of all time, Chris Jericho, it also seems we have another person making a comeback soon as well. This one might be a bigger deal. You could say...it's the next big thing. See what I did there?
Fozzie: Wow, subtly is not your strong suit, huh? Well, for the two of you who didn't understand his reference, it appears that Brock Lesnar has indeed signed with WWE, this time for two more years. I am not sure how many dates his contract calls for, but here's to hoping that this time he can show up for more than one month at a time. I mean eventually, they are going to run out of ideas to write him off, I don't want to hear his grandmother died, or his dog ate his plane tickets.
Aires: Many things are not my strong suit, Foz. But anywho, I would figure that after Brock ended his little foray against Triple H, he will become more of a "normal" appearance guy. The question remains, where will he go? Who will he face? Will he be a face or a heel? There are plenty of options for Lesnar going forward.
Fozzie: I say he returns as a monster heel, but this time you make him destroy Ryback. That would make a great program to carry WWE through to Summer Slam. It's simple really.
Aires: Or do you align him with Punk, or the Shield, or McMahon? He always seems to have someone in his back pocket or aligned with him. What would the future hold for someone who could literally be seen as the baddest man in the company?
Fozzie: Well, no matter who you align him with, he's going to need someone to talk for him. Let's just say his mic skills are…not good.
(Editor's Note: The preceding conversation took place before Brock made his return on Raw.)
Aires: Lesnar has always been a mouthpiece. I assume it's just easier to give a hulk-like bruiser someone to speak for him and not let them speak. But Lesnar has gotten a LOT better on the mic. Does he still need a mouthpiece? Hell, could he be a mouthpiece for someone else?
Fozzie: Brock should never speak. He's not good. Having Heyman do his talking will be great.
Aires: See I think Brock is fine on the mic. I mean hell, Ryback doesn't have a mouthpiece. If he doesn't have one, then Brock sure as hell doesn't. Then again...it is not like CM Punk needed a freaking manager. But with this two year deal that Lesnar now has, I doubt Heyman will stick around the entire time.
Hell, maybe he starts bringing Sable back on the road. That would be quite hilarious. Anyway you look at it, having Lesnar back for good gives tons of new feud possibilities. He can go after the bruisers like Big E, Cena, Sheamus, and Ryback. Or he can have some interesting technical matches with Ziggler, Rhodes, Daniel Bryan, Cesaro, or other guys.
With the part timers, they feud with the top guys, and the guys they hand pick. If he comes back full time, they can actually get him more involved. Huge get for the WWE.
Fozzie: As we saw tonight, he's better as a silent leader. The way he motioned Heyman back to the corner was fantastic. He's better when he he's like that especially with a guy like Heyman because Heyman sold his viciousness perfectly. The pleading and the remorse of the attack was perfect and I don't believe we would have had the same feeling afterward.
As for a feud, after he loses to Triple H at WM, because duh, he's going to need to get his heat back immediately. The way I would book him would be similar to how Punk came out tonight, but instead of ranting about his match, he's just kicking the crap out of mid carders. Remember when Austin would come to the ring, stun whoever was there and bail? Same thing, except exchange the Stunners for F-5's or otherwise painful moves. It can go over the course of the show until someone gets tired if it, like Ryback, or Sheamus, or even Kane and start a feud there. I wouldn't mind seeing Ryback vs. Brock, to be honest.
Aires: Ryback vs. Brock would be a decent draw. Brock's obviously a athletic freak and can match up with just about anyone. Him vs. Cena is a huge draw too. As is him vs. Sheamus or Orton.
Yeah he could easily get his heat back by tearing through guys. F5 a bunch of people and then "break" a few people's arms. He'll be back in the boos in no time.
Except for the Lesnar Mark Guy. He will always be flexing and screaming. I think I saw him at the Rumble. He was sitting there just waiting for Lesnar to return. I don't think he's ever left.
Fozzie: I only want to do Cena/Brock if Cena loses. At this point, Cena is the last guy you put in the ring with someone you want to push as a monster, unless they have Cena lose. However, there are many other ways to go about Brock's return. I'm excited to see it play out, and I really don't want Heyman to ever go away again. The man is awesome.
Oh, and you have many, many faults, like you said, but your strong suit is definitely coming through in the clutch. You are the man for scoring those VIP tickets for Undertaker.
Aires: Looking forward to it bro. What else we got going on in this crazy wrasslin world?
Fozzie: Well, speaking of Brock, apparently WWE tweeted a pic of Brock backstage at Raw before he was shown on camera, because WWE is like a little child with a secret. Sure, they'll be quiet about it for a little while, but then that just have to tells someone, or in this case, 2,000,000 followers. Jerks. (PWTorch)
Aires: As Briggs noted yesterday, Chris Jericho is officially on board the Road to WrestleMania. His schedule allows him to be around for the next few months on just about every show:
Jericho won't have to tour with his band Fozzy until late February when they head to Australia for 10 days. Their next dates aren't until April 11th, after WrestleMania 29.
Jericho is free to work a full-time schedule between now and then, with the exception of two RAW episodes and just a few live events.
However, a few wrestlers in the back have started to react to Jericho the same way some did about The Rock and Lesnar:
There were some wrestlers complaining about Chris Jericho returning to WWE last night at the Royal Rumble. The talk from a few wrestlers was in the sense that Jericho is just someone there to "take the spot" of another talent.
I call these wrestlers "stupid" since Jericho always comes back to extremely above average work, and usually is there to PUT OVER THE SAME FREAKING GUYS WHO ARE COMPLAINING.(NODQ)
Fozzie: After Raw went off the air last night, John Cena called out Sheamus to celebrate the Pale Warrior's birthday. Some referees came out with a cake as well. But, the party was interrupted by Dolph Ziggler, who, after taking the Brogue Kick from Sheamus, ended up in the cake. Ziggler sold the attack by getting diabetes. (NODQ)
Aires: With Mick Foley and Bob Backlund the first two confirmed names for the WWE Hall of Fame Class of 2013 - another name that appears to be locked in is former Divas champion Trish Stratus.
WWE reached out to Trish Stratus late last week about the induction and word is that she accepted.
Other members rumored for this year's Hall of Fame Ceremony from Madison Square Garden include DX, Kamala and Bruno Sammartino.(Rajah)
I had a dream one time that I found out I would finally be in the same building as Trish Stratus, and that she would be getting a ring, making a speech in a extremely nice dress to me, while I'm dressed to the nines as well.
Turns out the dream was not a dream at all, and will be a reality! Clean up on Aisle My Room!


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|« Back to Article
Hit-and-run suspect at large
By Sarah Tressler : February 4, 2013 : Updated: February 4, 2013 7:20pm
Photo By JOHN DAVENPORT/San Antonio Express-NewsSan Antonio police officer Jessica Phelt (left) walks past a Jeep Patriot that was pushed into the front of the home of Beatrice Navarro,70, at 419 North Monumental about 11:00 a.m. Monday February 4, 2013. Phelt said a man between the ages of 17 and 20-years-old driving a white sedan crashed into a parked car on Monumental pushing it about 20 feet. The driver then hit the Jeep, pushing it into the house and fled the scene. The driver then hit some cars in a parking lot and his abandoned vehicle was later found at the Little Red Barn steakhouse on South Hackberry street.
Photo By JOHN DAVENPORT/San Antonio Express-NewsA San Antonio police officer gathers evidence Monday February 4, 2013 from a car found abandoned in the parking lot of the Little Red Barn steakhouse on south Hackberry street. Police believe the vehicle was stolen and was involved in several East Side crashes including one on North Monumental street that pushed a Jeep into the front of a house. Police are searching for the male suspect.
A man in a stolen car hit several parked vehicles Monday, setting off a chain reaction that sent an SUV crashing into the corner of a house. He fled and later ditched the vehicle on the East Side, police said.
Police called to the 400 block of North Monumental at East Houston Street discovered that the stolen car, a Malibu, had crashed into one car, then reversed into a Jeep Patriot parked at the home of Beatrize Navarro.
Navarro was cleaning her front room and "heard a big bang," she said. "It rattled my house."
Officers recovered the Malibu near South Hackberry at Interstate 10, but the driver escaped.
"He hit a bunch of other cars on his path (of) destruction," officer Steve Mays said.
No one was injured.


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Graphic Short Sleeve Top
Style # 231690
Paradise Café. Relax in our oval-neck top that features a floral pattern, inspired by "no worries." The outdoors is yours to explore.
- 58% Cotton, 38% modal, 4% spandex
- Hand wash
- Imported
- Center back to hem: 24" (61 cm)
- Model is 5'10" and wears a US size S
Rated 5 out of 5 by 3 reviewers.
Rated 5 out of 5 by IcePrincess My Favorite Tee I love this tee...my friends do, too. A couple of them asked me where I found such a cute shirt until they saw the obvious "bebe" on the front!!! Goes great with several pairs of shorts I have; very versatile. June 2, 2014
Rated 5 out of 5 by miller44 Bebe Paradise T-shirt I love this T-shirt!! The colors are vibrant and definitely give this shirt a tropical feel!! The fit for me was spot on. :-) May 4, 2014
Rated 5 out of 5 by BebeDiva Super top! This is a really cute T - The colors trend more towards coral and purple but great with the new high waist shorts in khaki green. Sweet top! Fits true to size, I got a L. April 21, 2014
1-3 of 3


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Alec Baldwin Accuses NY Post Photographer of Assault, Alec Accused of Racism
When will people learn — you can't ambush Alec Baldwin on the street for "comment" on a negative story and expect it to go well.
A lawsuit was filed against Alec's wife, Hilaria Thomas, from a guy who alleged he was injured in her yoga class. A New York Post writer and photographer reportedly approached Alec on Sunday to ask about the lawsuit, and they got into a kerfuffle.
According to the Post, Alec grabbed the female reporter's arm and said "I want to choke you to death." She supposedly played an audio recording of the threat to police. Alec also supposedly called the photographer "a coon," "crackhead" and "drug dealer." "He was saying some serious racist stuff," Post photographer G.N. Miller said. "He said some choice words about my mother, and he was telling people in the street that I'm a drug dealer. He could have said a lot of other stuff. But he used all of the stereotypes associated with black people."
For his part, Alec tweeted, "Read this" and linked to a Gothamist report with the headline "Alec Baldwin Says NY Post Photographer Assaulted Him."
In part, the story reads, "Baldwin told us he was assaulted by a NY Post photographer near his East Village apartment, and called the cops to file a formal complaint against him. But it seems the photographer is planning on accusing Baldwin of using a racial epithet against him. 'If you want to paint a picture of me that is a denigrating picture, I've seen that,' Baldwin told us. 'If you want to put words in my mouth...I've certainly had my moments. But this is not one of them. I don't think I've ever uttered a racial epithet to someone in my lifetime.'"
UPDATE: According to TMZ, "New info on the audio tape of the confrontation between Baldwin and the Post photog. Sources tell us ... there is NO mention of a racial slur on the tape. And, we're told, the initial story -- that Baldwin allegedly said 'I want to choke you to death' -- is incorrect. We're told in fact Baldwin said, 'I want you to choke to death,' which is exactly what Baldwin claimed he said."
Sources: New York Post, Gothamist, @ABFalecbaldwin


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When you need an idea to get your next letter started, you might turn to one of these questions.
Explaining about ourselves is a great way to start letters and build relationships. Try answering these questions about yourself and current events.
Affirming words from mentors and teachers and even strangers, make us into the people we become.
You Can Copy These Sample Letters!
For sponsors who know the importance of letters but aren't good with words, all the encouragement to write can bring on the guilt. Feel guilty no more – here is a solution for you!
Snowflakes for Your Sponsored Child
As much as I dislike winter, I love snowflakes. You see, no two snowflakes are alike. Just as God created each one of us as unique individuals, he also created each one of our sponsored children to be unique individuals.
Questions about letter writing are the most common ones I hear in the contact center. Many sponsors call or write us because they are frustrated with the quality of the letters they receive from their sponsored children.
A few days ago, I spoke with Judy because she was upset that her sponsored child, Carlos, doesn't…
Love and Valentine's Day in December
This month, the Second Friday Letter Writing theme is love (and Valentine's Day). We would love for you to join us in finding some great items to send to our sponsored children.
Let's Count Our Blessings
November is the time of year that many people contemplate the blessings they have in life. This month's Second Friday Letter Writing Club theme focuses on gratitude and blessings.
Christmas in October
It's just the beginning of October, but mail to our sponsored children takes time to arrive, which makes now the time to be thinking about the Christmas letter you send to your child.
Making New Friends with Letters
Through our child development centers, the ministry has initiated a new type of friendship in Bangladesh. For sponsored children, friendship isn't limited to age, distance or culture.
We are enjoying the last bits of summer here in central California, where I live with my family. But we are quickly moving into the fall season as kids head back to school, thoughts of homemade soups and bread fill my head, and I start thinking about pulling out the warmer clothes as we head…
If you were forced to quickly leave your home of 17 years, what items would you grab first? For Maribel, she rescued the items most valuable to her — her sponsor's letters.
Sports are pretty beloved here in the United States. But do you know that sports are popular in other countries?
Hope Deferred
Do children waiting for a sponsor question their value based on whether they have a sponsor or not? Do they compare themselves to their sponsored friends and find themselves wanting?
If you are having a hard time writing to your sponsored child, here are four reasons to try writing online!
Share Summer With Your Sponsored Child
Do you have a favorite season? Most of us do and we all have great reasons why that particular season is our favorite. Have you asked your sponsored child what his or her favorite season is?
Pinterest Letter-Writing Club: Father's Day
This Father's Day spend a little extra time in your letters reminding your sponsored children about their Heavenly Father who loves them and cares for them each and every day.
Out of the Mouths of Babes
"A child in Indonesia wanted to know if people in Canada had hair on their feet to protect them from the cold." Another child asked, "Is math the same in every country?"
Join the Letter Writing Club on Pinterest
Pinterest is a wonderful place for us to connect as sponsors and share letter writing ideas. Building on the online letter writing event that Compassion has on the second Friday of every month, we've created a new Pinterest board for letter writing and you are welcome to join us as a contributor.
Remembering Abigail
Abigail lives in Ghana, is the youngest of six siblings, and her father died when she was three years old. Abigail taught her sponsor to enjoy letters from preschool and early elementary children.
The Power of a Letter
Esther and Marcos work at the Compassion office in Lima, Peru. They were both sponsored children. Angie has just recently been sponsored. The three of them taught Pastor Ken Burkey about the power of a letter.
10 More Reasons to Write Your Child
For many of us, the letters we exchange are the closest we'll ever come to our sponsored children. And even though we may understand the impact of our letters, it is still difficult to actually make the time to write a letter. That's just reality.
Top 10 Reasons to Write Your Sponsored Child
It might seem like just words on a page. But something in your letter will change your child's thinking, draw him closer to God, encourage her to dream.
20 Good Letter Writing Prompts
Sometimes it's hard to know where to begin a letter to your sponsored child. Here are twenty questions to help you get your letters started.
Hope in the Darkness
What do you go to in that moment when a bad day turns into the worst day? Brianne thought she knew the answer to that question for Marco.


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Coming as Peter Gelb did from the music industry, opera lovers hoped that he would display a more distinctive knack for casting and an improved talent pipeline than Joe Volpe offered during the waning years of his tenure. Read more »
The leading lady of the Bayerische Staatsoper's production of La Calisto has taken to the Twitters to respond to the recent discussion of her comments about Miley Cyrus. Read more »
Lyric Opera of Chicago's 2014-2015 season will consist of Tannhäuser, The Passenger, Tosca, Porgy and Bess, Il Trovatore, Anna Bolena, Capriccio and Don Giovanni. This is according to a leaked screenshot from a part of the company's website that obviously was not supposed to go public until about early February. Thanks to the sharp eyes of @sasherka (not pictured) who spotted the glitch! Read more »
Everyone can go home now, because Twitter has reached its zenith.
A couple of tweets from Thomas Hampson detailing some grisly-sounding future projects.
ust when you thought it was impossible to adore Yannick Nézet-Séguin any more than you already did…
"I will be on #Broadway again!"
So this is what it looks like when Faye Dunaway teaches Danielle DeNiese to sing "Vieni t'affretta" from Verdi's Macbeth.
UPDATE: Blogger Out West Arts reflects on the "Occupy Wall Street" incident at the Met's Faust last night, noting that the shouts (and various responses from members of the audience) did not interrupt the music.


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OpenBaltimore API
OpenBaltimore provides access to city datasets, including financial data, community data, property data, and more. OpenBaltimore uses the Socrata Open Data API, which uses REST and returns responses in a variety of formats including JSON, XML, and RDF.
Source Code
Sorry, no source code for this API.
Sorry, no resources found for this API.
Developers (0)
Comments (0)
Followers (3)
Sorry, no mashups for this API.


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3 Great New(ish) Cocktail Bitters
Back in my day, when you wanted to make a cocktail, and you needed some cocktail bitters, you went to the soda-pop aisle of your grocery and found the shelves dedicated to mixers for adult beverages, and if you were lucky, you'd see a bottle of Angostura right there sitting next to the lime cordial and the sour mix and the tonic water. These days, you kids are spoiled for choice. More


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Editorial: Tri-County goodness overflows
Residents, and certainly our visitors, to the Tri-County are to be commended. We're thankful of no fatalities on our roads during the holiday weekend.
Given the volume of guests at Kerr Lake and those whipping past us on Interstate 85, that's an accomplishment we wish to replicate each year.
And by all accounts, festivities in the area continue to get approval. The celebrations at the lake, in Wise and nearby in Granville County remain attractive beyond each county's borders.
Congratulations to all who were involved in planning and executing these wonderful enhancements to our community life.
• Vance County's water project made the news again this week. The growing pains are rubbing some irritably.
Ten years ago, at an April meeting of commissioners, county water was cited as a need for economic development and for environmental reasons (poor well water). It had been on the table before, and a decision not to join the regional water system has been lamented. State legislators have visited in the last decade, usually each time given the pitch on how countywide water would help our growth.
As the project now progresses, the future wanted by so many — including commissioners, among others — moves closer to stakeholders. Remembering the foundation in how investments work should help us all deal with developments that are unsettling.
• Earlier this month we noted the death of Harvey Heartley and offered praise for the coaches — especially high school — who influence our youth ("Loss goes beyond one coach," July 1).
This week we reported Kerr-Vance Academy was losing its basketball coach, David Carrier, and were encouraged by the comments of the school's headmaster.
Paul Villatico said it would be tough to see him go. And not just because of the success on the court: five state tournament appearances in eight seasons, coach of the year awards and other accolades.
"One of the things that impresses me most about David and the program is it's not about championships," Villatico said. "It's not about winning; it's about their future. It was about making sure that they had a positive experience that had an impact on their future."
Coaching 101, and doable no matter the skill level of any team in any sport. It should be every administrator's demand.


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AP-CNBC poll: Twitter faces skeptical investors
New York • Twitter's initial public offering of stock is getting an enthusiastic response from prospective investors.
In a reflection of the demand for Twitter's stock, the 7-year-old short messaging service on Monday boosted the price range for the IPO to $23 and $25 per share. The San Francisco company had set a range of $17 to $20 per share before Twitter executives began pitching investors interested in the IPO in a series of meetings that began last week.
At its new range, the IPO could raise more than $2 billion.
The increase doesn't come as a big surprise. Many observers considered the previous pricing to be relatively conservative, given that Twitter's market value was appraised at $20.62 per share in an assessment done by Duff & Phelps Corp. in early August. Twitter's earlier decision to begin the IPO pricing below its recently appraised value was seen as a way to contain expectations while leaving room to raise the target and build more buzz about its stock market debut planned for later this week.
Some analysts had estimated Twitter's market value might be as high as $20 billion.
The investment bankers handling Twitter's IPO could raise the price yet again before the IPO is priced Wednesday evening. The shares are scheduled to begin trading Thursday on the New York Stock Exchange under the symbol "TWTR."
Twitter said in its Monday regulatory filing that it still plans to sell 70 million shares. If all of those shares are sold, the offering's underwriters can buy another 10.5 million shares.
At $25 per share, Twitter's market value would be around $15.6 billion. Twitter's value is based on 625.2 million outstanding shares expected after the offering, including restricted stock units and stock options.
Twitter is trying to avoid the trouble that plagued another high-profile IPO completed nearly 18 months ago by Facebook Inc., one of its biggest rivals.
Facebook's IPO was marred by technical glitches on the Nasdaq Stock Exchange in May of 2012. As a result, the Securities and Exchange Commission fined Nasdaq $10 million, the largest ever levied against an exchange. Those problems likely led Twitter to the New York Stock Exchange.
Twitter also said in its filing that it received a letter from IBM accusing it of infringing on three of its patents. The letter asks Twitter to take part in settlement negotiations, but Twitter said in its filing that it believes it has a "meritorious defense" to the allegations.
Unlike many large technology companies, Twitter has a small portfolio of patents to help combat allegations of intellectual theft. As of Sept. 30, Twitter had been issued just nine patents and has applied for 95 others. In contrast, IBM was awarded nearly 6,500 patents last year alone.
Meanwhile, the company faces skepticism from potential investors and the broader public, according to an Associated Press-CNBC poll.
According to the poll released Monday, some 36 percent of Americans say buying Twitter shares would be a good investment, while 47 percent disagree. Last May, ahead of Facebook's IPO, 51 percent of Americans said Facebook Inc. would be a good investment. Just 31 percent didn't agree.
And surprisingly, 52 percent of people ages 18 to 34 say investing in the Twitter's stock is not a good idea.
AP-CNBC Twitter poll
» Some 36 percent of Americans say buying stock in the 7-year-old short messaging service would be a good investment, while 47 percent disagree.
» One in 5 Americans say they have a Twitter account. One in 10, meanwhile, looks at Twitter feeds but doesn't have an account of their own.
» Twitter has billed itself as the place for public, real-time conversations, but only 16 percent of users say they turn to Twitter frequently for breaking news. That said, 44 percent of users do so at least some of the time.
» Just 19 percent of respondents say they have a "favorable" view of Twitter, while 47 percent feel the same way about Facebook.
» A sizable share of Americans aren't familiar with Twitter or don't know what to make of it: 9 percent have never heard of it and another 12 percent say they just don't know how they feel about it.
» Just 35 percent of Americans say they think Twitter will be a successful company in five years.


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text:
U.S. medics deal with horrific injuries in Afghanistan
As the war begins to wind down, field medics still deal with gruesome injuries and casualties caused by IEDs and explosions
Gregg Zoroya
WASHINGTON — In the flickering light of a flare drifting to earth, Army flight medic Daniel "Buzz" Buzard spots a scrum of U.S. soldiers bearing a wounded comrade across a stony Afghan riverbed en route to his helicopter.
Only night-vision goggles illuminate on this moonless night, and a glimpse of the casualty leaves Buzard cold.
Full story: U.S. medics deal with horrific injuries in Afghanistan
The comments below are member-generated and do not necessarily reflect the opinions of EMS1.com or its staff. If you cannot see comments, try disabling privacy and ad blocking plugins in your browser. All comments must comply with our Member Commenting Policy.
Saturday, November 17, 2012 6:20:58 AM Thank you veterans, for your physical and mental sacrifices.
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text:
Putting the case for automation
Original article date: October 1998
The justification for buying capital equipment is all a question of arithmetic says WILL BOURN sales manager of Modular Automation. Or is it?
The cost of automation can be quite high particularly when it employs the latest robotics vision systems and welding technology. There is often a chicken-and-egg decision to make when considering automation. With insufficient market share the volumes are too low to necessitate automation But without automation the unit cost will remain too high and perhaps the quality too.
By applying a simple discounted cash flow forecast even the lowliest accounts clerk should be able to make a reasonable assessment of the financial sense of capital investment.
But is it always so simple? Rarely. And many of the criteria by which we judge the practicality of major automation projects have little or nothing to do with money – at least not at first sight. So what are the practical factors that decide the viability of any automation project?
Let's tackle the tricky one first. People are one of the most significant costs in any manufacturing process. Therefore reducing the number of people in any one project will have a dramatic effect on its feasibility. You can easily make a rough approximation of the cost savings by costing one person working a single shift at (UK pounds)15 000 per annum. By that calculation if automating a continuous process would save two people then the cost saving is six person-shifts or (UK pounds)90 000 per annum. If you require a two-year payback period it's worth spending up to (UK pounds)180 0 on the automation. Simple? No not quite that simple.
This assumes that the people who are replaced are found "gainful and acceptable employment" elsewhere within the factory. If not additional payments will be required. There is of course also a social element to be considered and not least the effect on morale of the remaining workforce.
And there's much more to consider. The problem might not be how to deploy your workforce but how to recruit one. Some geographical areas have a chronic shortage of skilled and semi-skilled labour. In areas where this is a problem increasing levels of automation might be the only sensible option even if the strict application of a cost analysis doesn't justify it.
The working environment is also a major factor when considering automation. Whether the application requires clean room hygiene or is such a hostile environment that manual intervention is impossible automation may be the only answer almost irrespective of costs. Semiconductor manufacture for instance requires a very high level of automation to avoid contamination. Conversely applications using heating or pressing could be dangerous to the operator. So too applications where the actual environment itself is too hazardous (heat dust etc.) such as foundries and nuclear establishments.
But probably the greatest and most irresistible reason for automation is quality control. Many companies recognise that automation or semi-automation is the only practical way of ensuring the quality of their products eliminating failures and costly returns or recalls. In the automotive industry for example first-tier suppliers are generally only considered for contracts if they employ automated processes. Here however high the cost of automating the cost of not automating when it really should be necessary can be quite devastating.
- Modular Automation
- Tel: 0121 766 7979
- Will Bourn
October 1998


text:
ECU Surgeons are proud to offer Laparoscopic surgery (surgery through small incisions with the help of special instruments and cameras) for many colorectal disorders. Laparoscopic surgery offers lower rates of wound complications with benefits of less pain and shorter postoperative length of stay.
Laparoscopic Ileocecectomy
For patients with Crohn's Disease or other conditions, the end of the small intestine (ileum) and the first portion of the colon (cecum) can be removed to excise a diseased segment. This can often be performed laparoscopically with several small incisions.
Laparoscopic Right Colectomy
This procedure may be done for a cancer or tumors of the first portion of the colon or for some diseases of the appendix. The small intestine is reconnected to the colon after a segment has been excised.
Laparoscopic Left Colectomy
This may be performed for cancer or tumors of the colon or for diverticulitis. A segment of the colon is removed and the ends reconnected.
Laparoscopic Sigmoid Colectomy
The sigmoid colon is most frequently involved in diverticulitis. Removal of this portion of the colon involves reconnection of the colon to the rectum. The sigmoid may also be removed for cancer or tumors.
Laparoscopic Proctectomy ("Laparoscopic Low Anterior Resection")
Removal of some or all of the rectum using Laparoscopic approach is now offered to many patients with rectal cancer or tumors. At times, these procedures require a temporary diverting "protective" ileostomy to allow for healing of these low connections without stool moving through this area.
Laparoscopic Total Proctocolectomy
For some patients with Ulcerative colitis, the entire colon and rectum may be removed laparoscopically. Following removal, creation of a pouch using the small intestine may allow one to avoid a permanent end ileostomy.
Laparoscopic Colostomy or Ileostomy
There are situations when diversion of the fecal stream is required. During this procedure, a portion of the intestine is brought out to the skin level so that the stool can be diverted away from bowel downstream.
Laparoscopic Rectopexy
Rectal prolapse is a condition where the rectum bulges out of the anal opening. Repair of rectal prolapse can be accomplished laparoscopically in many cases. The goal of ECU surgeons is to provide safe and effective treatment for each patient.
At times, it may be advantageous or safest to have a somewhat larger incision to have a particular procedure. In this case, each of the above operations may be accomplished with open techniques.
Other Procedures
Combined Laparoscopic/Endoscopic Resections
For benign tumors, which may not be able to be removed with colonoscopy alone, at times surgeons may combine colonoscopy with Laparoscopic techniques to remove an advanced polyp or benign tumor.
Trans-anal Excision
For benign tumors of the middle and lower rectum, excision using instruments through the anus may be offered. This avoids all scars on the skin and allows for a very fast recovery following surgery.
This depends on the type of surgery performed. Discharge may be on the day of surgery or up to a week after surgery depending on each patient's particular situation. With Laparoscopic techniques, discharge within 3 days of surgery is common even with major operations. Patients are expected to be out of bed and walking in the first day after surgery. This early mobility helps make early discharge possible.


text:
O'Reilly tells all. ... more
Radical CUNY professor Frances Fox Piven gives advice to UC Berkeley students for new Occupy movement strategy. ... more
Occupier: 'Rape is beyond not cool' ... more
Watch AlfonZo Rachel tell it like it is. ... more
See for yourself. ... more
Protestors interrupt a shareholders' meeting of Wells Fargo because they 'deserve' a voice. ... more
Dear Bill (Ayers): I try not to use the word "jack***" too often. Whenever I start writing about you, however, that word just seems to fit into every sentence – sort of like Selah fits into a Davidic Psalm. ... more
Organized occupiers protesting conservative event in Wisconsin... ... more
Fmr. Planned Parenthood Director: Biz Is Making $100 to $200 Off Each Fetal Body Part | Brooke Carlucci


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The cash-strapped League One side are currently in the hands of PKF, headed up by Trevor Birch, and a High Court hearing was set for the morning where they were going to try to secure the sale of the club's Fratton Park ground to the Portsmouth Supporters Trust (PST) from former owners Portpin.
But PST have said the hearing had been adjourned, before another party, P&A Partnership, said that Portpin wanted them and not PKF to manage the the club's finances until a buyer could be found.
P&A's Brendan Guilfoyle, a well-known football administrator, said Portpin were unhappy with some elements of how PKF had been dealing with things, but they were happy to fund the club through to the end of the season provided he was allowed to run their day-to-day affairs.
He also added that Portpin may be forced to shut the 114-year-old club down if they do not secure a change of administrator.
Guilfoyle said in a statement: "If I am appointed, I am confident that we can find a buyer to secure the long term future of this historic and important club."


text: The Need for Speed: High Stakes wiki last edited by fisk0 on 10/18/13 11:27AM View full history OverviewNeed for Speed: High Stakes (also known as Need for Speed Road Challenge in Europe) is the sixth installment of the Need for Speed series, and was published by Electronic Arts in 1999. It features a large amount of high performance vehicles, exotic cars and law enforcement cruisers in North American and European locations. High Stakes added a new tournament mode titled High Stakes, as well as two new pursuit modes, Getaway and Time Trap.The game also featured a simple damage system - in High Stakes mode, you would have to spend your career earnings in order to fix any damage to your car after races. While graphically similar to the previous game in the series, Hot Pursuit, High Stakes had a number of small improvements including the addition of driver models to the cars.CarsClass AAAMclaren F1 GTRMercedes CLK-GTRLa Niña (bonus car)Pursuit La Niña (bonus car) Class AABMW M5 (E39)Ferrari F50Ferrari 550 MaranelloLamborghini Diablo SVPorsche 911 Turbo (993) (standard & bonus car)Pursuit BMW M5Pursuit Lamborghini Diablo SV (bonus car)Pursuit Porsche 911 Turbo Class AChevrolet Camaro Z28 (standard & bonus car)Chevrolet Corvette (C5)Jaguar XKRPontiac Firebird (T/A)Pursuit Corvette (C5)Pursuit Camaro (bonus car) Class BBMW Z3 Mercedes SLK 230 TracksHigh Stakes features 19 tracks, 10 new, and 9 returning from the previous game in the series. AquaticAtlanticaCeltic Ruins *Country WoodsDolphin Cove *Durham Road *Empire CityHome TownKindiak Park *Landstrasse *Lost CanyonsRaceway *Raceway 2* Raceway 3 *Redrock RidgeRocky PassRoute Adonf *Snowy Ridge*Summit * new tracks PC Requirements Windows 95/98/Me/XP (Home Edition); Pentium 200 (Min.); 4x CD-ROM drive (Min.); 32MB RAM (Min.); 2MB DirectX 6.1 compatible graphics card (Min.); DirectX 6.1 compatible sound card; 100Mb free hard drive space.


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Battlefield Title Company, LLC is locally owned and committed to providing quality real estate title and closing services to the residents and businesses of North Georgia and Hamilton County, Tennessee.
Our mission is to make sure every buyer and seller who walks through our door feel comfortable with their real estate transaction. Our staff and attorneys take the time to explain each document with the detail necessary to make that a reality. Collectively, our staff has over 100 years of experience.
We use technology to its fullest at Battlefield Title Company, LLC. Our software is automatically updated with any pertinent changes that affect the real estate market and the associated documents. We provide copies of closing documents on flash drives rather than paper (although buyers are always welcome to request paper copies if they prefer) in order to be more environmentally friendly.
We write title insurance for Fidelity National Title Insurance Company in Georgia and Tennessee and we are an approved title agent for closing Georgia HUD transactions (Title ID # Battle0001).
Choose Battlefield Title Company, LLC to insure that you leave your closing with the best information available and a clear understanding of your transaction.


text: MANKATO -- Brought in by the young son of a soldier, an American flag and a city of Mankato flag, were returned to the Mankato city council chambers Monday night after flying in Afghanistan. The flags were mailed to Jeff Johnson, a city of Mankato engineer, now serving in the reserves as a chief warrant officer at Kandahar Air Base in Afghanistan. City staff say the flags flew over the air base on Sunday, December 12, 2010. Tonight, Johnson's son Andrew, a cub scout, along with members of Boy Scout Troop 4 and the American Legion Post 11 color guard, marched the colors back into council chambers. Johnson's wife and daughter, Maria and Jenny were also present.


text:
Step 1: The nuts and bolts
8'-foot 2x4s (x9)
6" long ½" bolts (x12) with nuts (x12) and washers (x24)
Simpson Strongtie End Post Cap LCE4 (x4)
Simpson Strongtie Tie Plate (x8)
Simpson Strongtie Shelf Bracket CF-R (x2)
Nails for Strongties
3" Wood screws
A hammer, drill, and saw.
Step 2: Build the end posts
- 4ft-pieces of lumber (x2)
- 2ft pieces with 45-degree angled ends (x6)
- 3ft pieces (x4)
Take a look at the photos to see how it all fits together.
Step 3: Drill holes and assemble
When you're finished drilling, keep the clamps in place and insert the bolts. Be sure to use washers on both ends of the bolt. I used a mallet to pound the bolts in, which helped speed up the process.
If you need to take the bolts out, don't make my mistake of hammering them out from the threaded end - I ended up ruining several bolts by hammering the threads away, making it impossible to screw the nut on.
View the photos to see where I drilled the holes.
Although I would be concerned about being injured on the beam or on the beam's protruding screws...


text:
'Ashes and Snow' | Gregory Colbert's Cathedral To Life
Lions and tigers, white wine, oh my. Happy New Year everyone! There is a fire blazing, but no snow in Carversville. My journal is devoted once again to magical, faraway lands … and experiences that I lust after.
If you haven't seen the photographs of Gregory Colbert's, Ashes and Snow exhibit, prepare yourself for an profoundly spiritual experience.
You can thank the Scottsman for our journey into Gregory Colbert's exploration of the shared language and poetic sensibilities of animals, and their relationships with humans. It's Colbert's premise that humans lived previously in much greater harmony with animals.
Critics attack his naivete, accusing Colbert of Photoshopping his way to a false sense of harmony and wellbeing between animals and humans.
Several years later into the exhibit, understanding that certain shots took long months of coaxing and coexisting, it's generally agreed that Colbert's photos are genuine, impossible as they are to comprehend.
But I am rushing, wanting to drag you into the mind of Gregory Colbert before we are ready. As I said, you can blame the Scotsman.
Pure Torment
I'm not a jealous person, but I was green with envy, when the high and mighty Scottman sent a digital kiss last week, from the Stellenbosch vineyards in South Africa.
He knows I enjoy crisp Sauvignon Blancs from South Africa or the Marlborough district in New Zealand. It wasn't enough that my friend was drinking my favorite wine on location.
The Scot next taunted me with his pending departure for a friend's cottage in the Kruger National Park and big game refuge. Hearing his booming, deep and beckoning voice through 4000 miles of cyberspace, I covered my ears, crying out in Yahoo mail "It's not fair. You have all the fun."
Imagine retreating to a little house in the South African bush, surrounded by lions, cheetahs, rhinos, springbok and zebras! In Carversville, I only have fireflies, hawks and Cody, our wonderful, old, irreplaceable dog.
Flying for Free
Resisting every temptation to book an immediate flight to Capetown, I found the good manners to wish him a bon voyage. Hanging up the phone, I could not contain myself. Reflecting on my friend's pending visit to animal paradise, my own mind took flight.
Within seconds, my mind soared to a new destination, lodged in my heart and memory. Temporarily forgetting my passionate, relentless desire to visit an African game reserve, I escaped into Gregory Colbert's extraordinary sensual vision of life.
I wept then, and I weep now in my cyberspace return to photographer Colbert's Ashes and Snow exhibit, the most profound museum experience of my life.
Seeing the Mona Lisa in all her glory at the Louvre was nothing compared to entering the Ashes and Snow exhibit, now making its way around the world.
Gregory Colbert's artwork explores the poetic sensibilities of animals and humans together in nature. Humans are seen as a member of the family of animals, and not its opposite. Colbert devotes endless days, sometimes years, introducing humans into animal habitats, coaxing and nurturing intimacy and trust, until an extraordinary moment of sensual intimacy occurs, one captured by his camera lens.
Nomadic Travels
Traveling the world as the Nomadic Museum, Ashes and Snow will open next month in Mexico City. This environmentally interesting structure debuted in New York in March 2005, traveled next to Santa Monica in January 2006 and Tokyo in March 2007.
Designed by Shigeru Ban the stacked shipping containers, the 30' high cardboard columns, and the exquisite lighting of the space and the art all come together to create a cathedral-like space and striking experience.
Entering the exhibit, the visitor is lead over a wooden deck in the center of the structure, while the walls and ceiling are dipped into darkness due to the careful lighting design.
The prints appear to hover between the evenly spaced columns, which makes for a beautiful procession.
Moved and Unmoved
Viewing the show alone on my first visit, I was overcome in a powerful, near-religious experience. My second visit to "Ashes and Snow" was with a man I adored, who lacked any real response to the photos.
His dismissal of the experience left me thunderstruck. I was so enraptured with him, that I failed to see his reaction to the show as a signal of his greater character flaws.
"Ashes and Snow" is a moody exhibit. Perhaps I've spent too much time looking at airbrushed photos of fashion models, but I was attracted to the exoticism of the photographs and not repelled by their "artificiality".
In a part of the world ravaged by violence, the beauty is calming and poetic, almost redemptive.
Colbert asks us to imagine what can be, offering another view of man, now in an emotional relationship with nature, not an irreverent, irrational one. For Colbert, nature is the teacher, not the force to be overcome.
The Debate
Much of the criticism of Colbert's photography is lodged against the blatant artificiality of the poses. Humans and animals work with endless patience to achieve these shots. They don't come naturally, at least in 2008.
Indeed, the savage side of nature is absent in these photos. But I can easily see the butchery on National Geographic. Let me imagine a different world, one where we are in touch with the sensuality, sensitivity and yes — even the unconscious 'thought waves' of these creatures.
Western man has reduced animals to pure instinct, when in fact they may be more complex, prudent hunters than we are.
Blogger Amardeep Singh writes: " … people don't just hang out with Cheetahs on stark desert plains. And they don't swim with elephants with their eyes closed, looking enraptured."
True, Amardeep, but Colbert did NOT digitally adapt these photos, an early criticism from those who insisted that these magnificent photos could not possibly exist in reality.
Wisdom in this Kingdom
You can call it a circus, but Colbert is not using trained elephants. I'm intrigued with the criticism that in a contemporary world of despicable horrors, the beauty of Colbert's photos is critiqued as inauthentic, an artificial, Photoshop only possibility. How sad.
These breathtakingly exquisite scenes offer solace and another view of life, in a Christmas week ravaged by yet more killing, this time the execution in Pakistan of Benazir Bhutto.
Her murder was carried out by the planet's most advanced species of animals, homo sapiens. I use the term advanced loosely, and I wish elephants could talk and that man would listen.
Spiritual Soulspeak
Returning to "Ashes and Snow", Singh commentator Anne-Marie writes: "Personally, I found it to be the most beautiful exhibit I had ever seen. It is undoubtedly one of a kind, and the beginning of many more, I am sure.
The photographer, in my eyes, truly captures the spirit and essence of the animals and humans like no other. There is a connection, a oneness, that no one has managed to convey as well as he has. His images are profound and deeply moving, touching, at a soul level."
Smelling Roses
Through my journal, I try to speak softly about the importance of igniting a life vision: seeing it, smelling it, feeling, hearing, and tasting it. Living sensually inspires our creativity and softens our souls.
If reality only exists in destruction and savageness, then we humans have completely lost our roadmap.
I'm not a trust fund kid and my life has not been a bowl of cherries. I am just one person, who refuses to let go.
May you all find your own la dolce vita in 2008. As Sarah Ferguson says: Make life your friend.
With love,


text: http://unix.stackexchange.com – I installed ChrUbuntu on an Acer C7 Chromebook, and I am able to dual boot Ubuntu 12.04 and ChromeOS and to control which OS loads by default. I tried to edit the /etc/default/grub file and did run update-grub successfully but saw no effects. I was trying to enable a "dmesg" style verbose system loading screen instead of the quiet splash screen (during the Ubuntu boot). I suspect that GRUB is not the bootloader on the machine or is functioning as a fairly late secondary bootloader only on the Linux partition. I realize that the Chromebook is a fairly closed system tightly controlled by Google, (HowTos)


text: Quick View save 58% Salted Peanuts by Feridies Out of stock online $2.50 These Virginia peanuts are known for their large size, crunchy texture, delicious flavor and high nutritional value. FERIDIES selects only largest 2% of the crop, and then gently roasts and lightly salts them to ensure their distinct, rich peanut taste. They make the perfect snack with a tall cold… See Details $2.50 was $6.00


text:
A fine art photographer from Hayfield has won industry recognition after her portfolio was judged joint best at a prestigious event.
Sara Porter, who has been a professional full time photographer for five years, was one of two winners of the "Best Portfolio by a Provisional Member" at the British Institute of Professional Photography (BIPP)/ Towergate Camerasure Fine Art Competition 2013. Judges overseeing the award are directed to look closely at: composition, technical ability, creativity, interpretation and a "wow factor".
Her work, which is normally given a digital finish, is currently being exhibited at the Leeds City Museum until the 30th June. Sara first took up photography as a hobby at the age on nine and before becoming a full time snapper was a teacher.
Speaking about her triumph she said: "The quality of work produced by my fellow BIPP photographers is so high that to have my work recognised in that way is an achievement I am very proud of".
"After a fabulous year and having a five month exhibition at Leeds City Museum, this is just the icing on the cake".
BIPP President, Roy Meiklejon, said of Sarah: "Her portfolio was of a very high standard, and serves as a testament to the diversity of work produced by members of the BIPP".
To see more of Sara's work, visit her website.