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In the end, Nick Bjugstad decided staying at university was best idea
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Nick Bjugstad knows there might have been some people unhappy with him as he spent his time this spring and summer deciding whether to sign with the Florida Panthers or return to the Minnesota Gophers hockey team, but the soon-to-be junior forward felt that was the best approach.
"I really wanted to go down to Florida and see what they had to say and weigh my options," said Bjugstad during an appearance on "Judd & Phunn" on Friday on 1500 ESPN. "There were a lot of pros and cons to both of the situations, so I kind of wanted to take my time.
"I just felt that staying at the University of Minnesota for another year, I'll be able to grow a little more as a player and as a person and get closer to my degree. There are a lot of positives. No disrespect to Florida or anything, but I just felt that it was the right spot for me."
Bjugstad, the 19th overall pick in the first round of the 2010 draft by Florida, made the official announcement of his plan to return to the Gophers on Thursday.
The Gophers' first-line center last season, Bjugstad had a team-leading 25 goals and finished third with 42 points in 40 games.
The Gophers made a run to the Frozen Four for the first time since 2005, but lost 6-1 to Boston College in the semifinals in Tampa, Fla.
"Definitely that game sits in the back of your head," Bjugstad said. "I think about it basically every day. It was a tough loss. I think it was a good learning experience for us younger guys and we kind of know what's ahead of us. It's good to get at that level. It's good to get to the Frozen Four. None of our guys had made the tournament before that, so we're going to have a little experience going into the season which I think will help."
Bjugstad's decision to return means much of the team that got the Gophers to the Frozen Four will return. Goalie Kent Patterson is gone, but the top six defenseman will be back and so will six of the top seven scorers from 2011-12.
"Obviously, you take a look at our depth chart and we've got a lot of guys coming back and a lot of good guys coming in so there's a really good opportunity of maybe making another run at another national championship," Bjugstad said when asked about what type of message coach Don Lucia delivered as the process was unfolding.
"That's something I always wanted growing up as a kid. That's a definite plus of staying and (Lucia) just kind of emphasized the degree thing. It's really hard to come back after you leave right after your second year. A lot of guys don't end up coming back to get their education. It's just tough to leave the guys, too. I really like the guys on the team and all that. So I think it's a good spot for me to stay here."
Bjugstad, who is 6-foot-6, 220 pounds, attended the Panthers' prospect camp this month.
Panthers general manager Dale Tallon told reporters in Florida that the decision was up to Bjugstad, although there was certainly a chance he could have made the roster if he signed.
"Dale Tallon is a great general manager and he's very supportive of his players, the decisions they make," Bjugstad said. "We talked a few times down there and just kind of went over what the situation was and all that. I can't say enough about him. He's a great guy and he's very supportive of my decision."
As for the fact the NHL could be facing a lockout when the collective bargaining agreement expires on Sept. 15, Bjugstad said that did factor into his thinking as well.
"That sits in the back of your head," he said. "Obviously, it's speculation on what's going to happen with the NHL season. You don't really know what's going to happen. The AHL is a really good league as well. ... There's going to be some changes money-wise and all that. I just felt like for my future I can develop here and really gain my confidence and become a better player."


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TechEd 2004, Day 03
Open standards allow multiple vendors to offer their own implementation of valuable technologies. The Sun and JCP open standards are particularly good at helping small vendors participate in the technology market. Competition makes software cheaper, forcing the vendors to improve the quality of their products and services. Open standards also lower the risk for the end users by at least providing for some common ground between technological platforms.
Microsoft and Sun seem to have much different overall attitudes about the role that Open Standards have to play in the technology industry. Like any tool, Open Standards are good for certain jobs and not so good for other jobs.
At first blush, Sun is a stronger advocate of open, community driven standards. They sponsor the Java Community Process, which allows major and minor players in the software industry to determine the future of the Java language and platform.
Microsoft, on the other hand, seems at first blush to be more monopolistic in their intentions. I've written this myself about them several times in the past. They envision themselves as the ground upon which all of us should build our software. They also see themselves as the thought-leaders of the industry.
In many ways, both of the last two paragraphs are uninformed. From my perspective here this week, both Microsoft and Sun have more in common than might be evident at first glance.
For instance, Sun created its own standards body that allows it to excercise veto power over JSRs in the Java Community Process. This is intelligent, because while the community should be able to (and encouraged to!) inform and influence the future of the Java platform, it should not be able to force that future if Sun thinks it is bad for the technology, the industry or both. This strategy lets the community push for new technologies and come to compromises and agreements with each other, but also lets Sun cast the deciding vote and do what it can to protect the community from itself (let's face itsometimes we need it). We benefit from community participation and leadership as well as from Sun's unifying vision.
On the other hand, Microsoft has turned their C# and Common Language Runtime specification over to the ECMA and ISO standards organizations in order to show the world that it didn't need to excercise absolute control over the technology. Of course, they hold on tight to their implementations. I was surprised at first that Microsoft would relinquish their specs to a third party standards organization, but I think they knew what would happen if they didn't. They've come under too much fire in the past decade, and I think they've realized the benefit of sharing. Now they can commit themselves to shipping the absolute best implementation of these specifications. But what is the process for moving the technology forward? How do future versions of the spec get ratified and become standards themselves? How can companies and individuals participate in future of the technology? I can't answer these questions tonight. By working through ISO, can Microsoft provide the same unified vision that Sun can with the JCP? Or do we need to worry about dozens of *mostly compatible* CLRs popping up in the next 20 years?
Open standards can serve customers and vendors, but they require compromise from both ends. The alternative, proprietary and closed albeit ubiquitous technology, might lead to a rapid evolution of features, but it also comes with the risks associated with vendor lock-in and a significant limitation on the number of vendors who can participate in the market. Macromedia's Shockwave is a perfect example of this stagnation. Everyone has seen what it can do, but not many seriously consider developing smart UIs on it. I can't say for certain why that is, but my guess is that it's because there are so few tools available for working with it, and not many developers can afford them. In this case, Macromedia might have become too successful for its own (and our own) good.
I was speaking with an IBM rep yesterday afternoon, and I mentioned the tradeoff between open standards and vendor lock-in. He pointed out that in the end, everyone customizes and tweaks out their implementations of a standard technology, and that customers always get locked in to some degree or another. But he insisted it's a moot point, because all the major vendors offer migration tools to overcome the differences, and that lock-in override is just another feature they can sell. The best of these custom extensions can end up driving the future of the spec.
I'd have to say (and I think that the .NET and Java communities would agree with me on this one) that the best model for driving technology forward requires a degree of open standardization and community participation coupled with an executive force at the top to provide vision and leadership.
Fortunately, both the Java and the .NET communities seem to be on this track. Hopefully this trend will help developers from each side play better together in the coming years, and crank out some fine software while we're at it
; )
Now, if only more of the Microsoft leadership could take the two hours to read the Open Source Definition, the Free Software Definition, grok the difference, and start acting like it. Microsoft spent a decade educating news reporters about technologydid they think they were done? They need to realize the role that real Open Source organizations have to play in uniting small vendor communities, driving innovation and enabling small businesses and vendors to get a foothold in our industry. Sun definitely gets the picture, but there are still too many in the Microsoft camp who mistakenly equate Open Source with rabid, viral anti-capitalism, and they're missing out on a very important community resource in the process. Communities of every size are improved when their members work together and form businesses. Likewise, businesses are strengthened when they form communities and voluntarily share knowledge. Open Standards and Open Source licenses contribute to this.
I don't fault Microsoft's leadership for not taking more time to explore and communicate the distinction between Open Source and Free Software. And I'm not just talking BSD versus GPL hereit goes much deeper than that. Most mainstream Journalists certainly don't get it, yet they're the ones writing all the sensational articles about Open Source (who would ever trust a journalist about technology or law anyway?) Most Open Source developers don't even understand the difference. But that's alrightthere are many people who do get it, there are books and literature coming out on the topic, and those who have figured it out will be happy to explain the difference to anyone who asks.
Those of us committed to real Open Source development know that we're doing so in order to open up more technological markets to more people, that innovation and hard work in software development should be rewarded, but also that there's much more to business than the bottom line.
Not to imply that Microsoft is completely oblivious to these thingsthere are some in Microsoft's ranks who know exactly what I'm talking about. Hats off to them, and may they all rise quickly through the ranks.
; )
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Posts In 5/2011
1601 days ago
Blogger is going psychotic on me. Does anyone know of surefire way to archive the blog ASAP?
1604 days ago
Thank all of you who kindly donated yesterday...and today. And much thanks to my best bro, Jonathan Ferrara, for lending…
I get by with a little help...
1606 days ago
...you know the rest.Yo peeps, I'm driving a cargo van with some badly needed supplies, baby formula and diapers, from…
It's not funny any more
1607 days ago
Really. I stopped laughing a long time ago. Now it's embarrassing. It's been over a year.Could someone in IT at…
Le Petite....now a place to eat?
1607 days ago
I've never considered myself a preservationist, at least not in this city where it is more akin to a religion. …
HB 563, 564...ain't gonna happen
1608 days ago
The bill was shot down in committee in a 10-4 vote. F'n eh! Score one for 'da common folk.I was…
HB 563, 564...who's who?
1609 days ago
Alright, I'm back...let's take a look at the politicians who are sponsoring this noble bill to alleviate BP and the…
Big Oil...slippery bastards that never sleep
1610 days ago
One of the reasons why I haven't been entertaining myself at the St. Pierre trial is that I have turned…
1610 days ago
Read this comment...I've been waiting for it to come in:Anonymous said...Speaking of donations...You can add on the $1.85 million for…
Bomb is dropped
1613 days ago
Just got word that Jimmy Goodson testified that he did work on Ray Nagin's house paid for by St. Pierre.Bye…
The Best Show in Town
1613 days ago
Best Show in Townby dambalaOk homeslices, for the first time in a berry, berry long time, I am actually "in…
1613 days ago
Guys, I'm not trying to be a conspiracy theorist or anything but the post I made on the Meffert trial…
Best Show in Town
1615 days ago
Ok homeslices, for the first time in a berry, berry long time, I am actually "in the mood" to bloggerbate.…
@ St. Pierre trial
1615 days ago
Meff just testified the strippers were doing the freaky deaky to the Imagine crew on the Silicon Bayou. He was…
Commentary on Today's Trial
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Meffert said the original plan was that St. Pierre and his associate, Jimmy Goodson, would arrange for a private jet…
Left Behind Party...and not my Left Behind
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As many of you may already know, a group of evangelical folks believe that May 21, 2011 will be the…
I Taught the Weepin' Willow....how to Cry, Cry, Cry...
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'Tis done
1624 days ago
Missouri Levee Exploded By U.S. Army Corps Of Engineers Let's hope for the best.
1624 days ago
I thought last night's episode was really good. In fact, that's the first episode that has really grabbed me. The…
1626 days ago
I was born on February 4, 1969 at St. Mary's hospital in Cairo, Illinois. Both of my grandmothers worked at…
Dambala's history
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The library accepts applications for positions that are listed and open.
Fill out a volunteer application and
- Drop it off at the library where you wish to volunteer; or
- Email it to: email@example.com; or
- Place it in the drop box near the lobby of East Library or Library 21c
Volunteer Opportunities - Adults
Adult Literacy Tutors
Share your love of education with others! Tutor an adult once a week for 2 hours. You and the student get to choose a schedule that works for both of you. Work one-on-one with an adult to improve their reading, writing, comprehension or English language skills. There is a 1 year minimum time period when paired with a student. No teaching experience is required. Training is required and is located at Penrose Library.
Please contact the Literacy Office at email@example.com or 719-531-6333 x2224 for upcoming training dates.
Please complete an application and return it to the Literacy Office at Penrose Library.
AfterMath Tutors
Assist students of all ages with K-college-level math topics depending upon your skill and comfort level such as: fractions, decimals, percentages, pre- and Algebra 1&2, geometry, Trigonometry, pre-Calculus and Calculus. After-school hours during the school year.
Complete and return an AfterMath volunteer application where you wish to serve.
ESL/GED Classroom Assistants and "Speak English" Facilitators
Training will resume after the summer at Library 21c, Penrose, Ruth Holley, Sand Creek Libraries
Contact the Literacy Office later this year for upcoming training dates: 531-6333 x2224, email@example.com
Friends Book Store Clerks
Help out at the newly remodeled Friends Book Stores at Penrose, Library 21c, and East Libraries. Volunteers staff the book store, display books, process cash register sales, accept book donations, give out Friends memberships and help customers.
Friends Fall Book Sale Volunteers
Be a good friend and have fun at the Friends Book Sale – Oct. 29, 30, 31 Unpack boxes of books and place on tables arranged by subject; help pack unsold books and take down tables.
- Book Sale Set up: 10 a.m. Thursday, Oct. 29
- Book Sale: Fri., Sat., and Sun., Oct. 30, 31, and Nov. 1
Call 531-6333 x1008 to let us know you wish to help set up or clean up.
Holds Processors/Shelvers
Serve behind the scenes a few hours per week to assist staff with processing and transferring books patrons have requested. Volunteers will locate books on the shelves, discharge items with a computer device, shelve materials on the holds shelves, and place materials in bins to go to other libraries.
- Mornings: Process Bins
- Afternoons: Retrieve books from shelves from Pull List
Manga Artist/Co-Facilitator
Help co-facilitate the Anime/Manga club a few Saturdays each year for about two hours. Volunteer will have knowledge of and experience in drawing manga, and leadership skills to facilitate club meetings for teens in grades 6 - 12.
Speak Italian, Mandarin OR Japanese
Volunteer foreign language instructors will teach monthly beginning-language classes to a small group. Proficiency in speaking and writing language other than English is required. Experience teaching small groups preferred.
- Monthly for 2 hours of instruction, possibly additional hours for preparation
- Please specify days and times available on volunteer application
Teen Game-Design Club Leader
Assist staff in providing introductory classes for teens on 2D game design using "Stencyl" software.
- Assist staff in classes and help students keep up with instructor;
- Guide students in completing a skill-building exercise, after class;
- Lead and facilitate monthly club meet where students can share ideas, ask for advice;
- Assist in preparing printed materials and handouts for classes and special events.
Attend monthly classes (2-3 hours monthly) and club meetings (4 hours monthly)
Yoga Instructor
Volunteer to lead a free yoga class to patrons and staff weekly at a set time for 6 months.
Volunteer Opportunities - PPLD Teens
Children/Teen Program Assistants
- Assist with children/teen programs
- Help children with crafts
Fast Track
20 hours or fewer for school, scouts or NHS
Study Buddies
Teen volunteers – 13-17 - will help students in grades K – 5 with homework or reading practice.
- Assist students with a range of elementary school homework topics including reading, English, history, science and math.
Teen Advisory Board
Teen Advisory Board meet monthly or more to suggest topics, and plan and host programs and services for teens.
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text: Angela Holcomb | IBDB: The official source for Broadway Information IBDB: The official source for Broadway Information Official Broadway League sites: - sites - broadway.org broadwayleague.com broadwayfanclub.com kidsnightonbroadway.com stagespecs.org tonyawards.com Quick Search For: In This Category: All Show People/Org. Theatre Season Angela Holcomb Performer Female Productions ProductionsDate of ProductionsPorgy and Bess[Musical, Opera, Revival] Performer: Angela Holcomb [Ensemble]Apr 07, 1983 - May 15, 1983 Find out where Angela Holcomb and are credited together © 2001-2015, The Broadway League, All Rights Reserved. (Copyright and Disclaimer)


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Necklace, lampworked glass with gold-finished brass and steel, dark tan and honey with silver-colored foil, twisted oval, 50-inch continuous loop. Sold individually.
All products apply to your discount level.
More Details.
Item Number: H20-4740JD Have a question about this item?
Ready-to-wear necklace features sturdy dark tan beading wire and honey lampworked glass beads with silver-colored foil for added shine. Beads are accented by gold-finished steel bead caps. Ideal for gift-giving, counter sales or extending current jewelry lines. Sizes, shapes and colors may vary with handcrafted items.


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My article for the University of Denver Law Review's Online Edition entitled Statutory Penalties and Class Actions: Social Justice or Legalized Extortion? was posted today. The article discusses potential reforms to address the problem of class actions for statutory penalties giving rise to potentially annihilating liability in cases involving little or no actual harm. Please check it out. While you're there, check out some of the other excellent content on a wide variety of legal topics that the DU Law Review has to offer in its online supplement to its regular print publication.
Posts Tagged 'TCPA'
DULR Online Article — Statutory Penalties and Class Actions: Social Justice or Legalized Extortion?
Posted in Articles, Commentary, Data Privacy Class Actions, tagged annihilating liability, bankrupting, class action reform, cmia, data breach, data privacy, FACTA, fcra, nominal damages, privacy class action, statutory penalties, statutory penalty, TCPA on April 11, 2013 | Leave a Comment »
Class Arbitration Waivers, TCPA Class Action Trends, and the Latest on Dukes
Posted in Class Action News, Class Action Trends, tagged arbitration, arbitration agreement, cell phone, class arbitration waiver, class certification, data privacy, dukes, FAA, fax, junk fax, mobile phone, privacy, privacy class action, robocall, scotus, stolt-nielsen, Supreme Court, TCPA, TCPA Class Action, wal-mart on December 19, 2012 | Leave a Comment »
My colleagues at BakerHostetler have put together some great content on several class action-related topics recently that readers should find interesting.
First, the Baker Hostetler Class Action Defense Team issued an executive alert today discussing the Supreme Court's decision to grant certiorari in another case involving class arbitration waivers. The alert, titled U.S. Supreme Court Considers Arbitration Clauses and Class Actions Next Year, summarizes the issues to be addressed in Oxford Health Plans LLC v. Sutter. The alert was authored by newly elected Cleveland Partner Ruth E. Hartman and Class Action Defense Team Leader Ernie Vargo.
Another executive alert, titled Recent Trends in Class Actions for Telephone and Fax Solicitation and Advertising, was issued last week by the Privacy and Data Protection and Class Action Defense Teams. The alert, authored by my colleague in Denver, Justin Winquist, summarizes the latest trends in class action litigation under the Telephone Consumer Protection Act (TCPA).
Finally, my partner Casie Collignon authored a blog post yesterday with an update on the latest in the ongoing saga of Dukes v. Wal-Mart on remand following the U.S. Supreme Court's decision. The post is entitled, California District Court Awaits Class Certification Motion in Wal-Mart.
Concepcion a Year Later, Are Consumer Class Actions Dead Yet?
Posted in class action reform, Class Action Trends, tagged AAA, american express, amex, arbitrability, arbitration, at&t, class arbitration waiver, concepcion, cosumer class action, federal common law, TCPA on May 10, 2012 | 6 Comments »
On May 1, we received the following comment in response to a post from last May entitled Will AT&T v. Concepcion Really Kill the Consumer Class Action?
It has been almost a year. Could someone tell me, in their opinion, what effect Concepcion has had on consumer class actions over the last 11 months?
According to a recent New York Times article by David Segal titled A Rising Tide Against Class Action Suits, the effect has been significant. The article cites a report from the consummer advocacy group, Public Citizen, which found 76 opinions relying on Concepcion as a reason to prevent class actions from "moving ahead."
I have no reason to doubt the accuracy of the number of opinions cited in the Public Citizen report, and there is no doubt that Concepcion has had an impact on class action litigation, both in consumer class actions and in other subject matter areas. However, I would caution that simply looking at the number of class actions that have been unsuccessful due to class arbitration waivers does not tell the whole story. Here are a few observations to consider in assessing the impact of Concepcion:
- Concepcion has not been treated by the lower courts as foreclosing all arguments for declaring an arbitration clause invalid. A case in point is the Second Circuit's recent decision in In re Amex III., which relied on the federal common law of arbitrability in declaring a class arbitration waiver invalid.
- Class action litigation has been on the decline in substantive areas that are not impacted by arbitration clauses, such as in securties class actions.
- There are many areas of consumer class action litigation that remain unaffected by arbitration clauses because they either involve claims where there may be no contractual relationship between the plaintiff and the defendant, including statutory penalty class actions such as TCPA class actions class actions and certain data privacy class actions, or they involve areas of the law where arbitration clauses are prohibited, including many insurance class actions. A careful review of the data may show that consumer class action litigation has simply shifted to these areas.
- Recognizing that arbitration clauses do not necessarily provide a magic talisman against class action litigation and that implementing an overly consumer-friendly arbitration clause may actually encourage litigation, not all companies have rushed to adopt arbitration clauses into their consumer contracts.
In summary, I would say that while Concepcion's ban on state laws invalidating arbitration clauses has become an important consideration in litigating consumer class actions, it has not brought about their end.
I'd love to hear what readers have to say about their own perspectives on this issue. Please feel to comment below.
Battleground TCPA
Posted in Class Action Trends, Commentary, tagged annihilating, auto-dialer, class action, colorado, critchfield, FACTA, fax blast, giovanniello, kosher bagel munch, local banking products, madison county, predominance, robo-call, rule 23. 47 u.s.c. 227, shady grove, statutory penalty, superiority, TCPA, telephone consumer protection act, unsolicited phone calls on October 20, 2011 | 1 Comment »
One of the hottest substantive areas in consumer class actions these days is litigation under the Telephone Consumer Protection Act (TCPA), 47 U.S .C. § 227, sometimes called the "fax blast" statute, which prohibits unsolicited faxes and automated calls for the purpose of commercial solicitation. The TCPA has a statutory penalty provision that allows consumers to recover $500 for each violation. The ability to collect far more in statutory penalties than the actual damages caused by a given violation makes TCPA violations an appealing target for enterprising plaintiffs' class action lawyers. The aggregation of thousands of claims together can create huge monetary exposure for defendants and the potential for easy settlements and the large contingent fees that comes with it. In this way, the TCPA is similar to other laws with statutory penalties, such as the Fair and Accurate Credit Transactions Act of 2003 (FACTA), which provides for statutory penalties against a company that produces credit card receipts with too much information on them.
Although it is a federal statute, the TCPA does not provide for federal court jurisdiction in private actions to enforce it. TCPA class actions may only be filed in or removed to the federal courts if there is diversity jurisdiction under CAFA.
This has naturally given rise to the question of whether state laws limiting class actions, such as § 901(b) of New York's Civil Practice Law and Rules, which prohibits class actions for claims seeking statutory penalties, are applicable in federal court exercising diversity jurisdiction over TCPA claims. Before the Supreme Court's decision in Shady Grove Orthopedic Associates, P.A. v. Allstate Insurance Co., the Second Circuit Court of Appeals said yes. After the Supreme Court remanded for reconsideration in light of Shady Grove, the Second Circuit said yes again, reasoning that the TCPA's language allowing private enforcement "if otherwise permitted by the laws or rules of court of a State" gave the states broad power to determine how TCPA actions may be prosecuted within their borders. The Third Circuit has disagreed with this conclusion, holding that State limitations on class actions do not apply in TCPA class actions filed in the federal courts. Given the Third Circuit's view, defendants in at least some jurisdictions may have a strong incentive to oppose federal jurisdiction in TCPA cases.
Another question that arises from the peculiar federalist nature of the TCPA is whether a state or federal statute of limitations applies. Earlier this week, in Giovanniello v. ALM Media LLC, the Second Circuit answered this question and held that a shorter state law limitations period applied rather than the 4-year federal catchall provision.
Several recent decisions have highlighted a split among both the state and federal the courts about whether TCPA claims should be permitted to be brought as class actions at all. Of particular note is the recent decision of the New Jersey Superior Court, Appellate Division in Local Baking Products, Inc. v. Kosher Bagel Munch, Inc., which provides an excellent survey of the various state and federal court decisions on both sides of the issue. The court in Local Baking Products ultimately decided that class certification of TCPA claims was not appropriate. It reasoned that class actions are not a superior procedure for enforcing the TCPA because Congress had made statutory penalties available so that individuals would be incentivized to pursue vindication of their rights in individual actions in small claims or other state courts. In addition to lack of superiority, a common reason offered by other courts for rejecting class certification is that the question of whether faxes or calls were authorized is too individualized for common questions to predominate.
Earlier this month, however, the Supreme Court of Kansas upheld a lower court's decision granting class certification in a TCPA case. In Critchfield Physical Therapy v. The Taranto Group, Inc., the court rejected both the argument that individual actions in small claims court would be superior to a class action and the argument that the question of consent was too individualized. In addition, the court rejected the argument that class actions would not be superior in light of the threat that aggregating thousands of individual statutory penalties together could create an "annihilating" judgment against the defendant that would be disproportionate to any harm to the class. A similar argument had been successful in a FACTA case in California federal court, but later reversed by the Ninth Circuit in Bateman v. American Multi Cinema, Inc.
Meanwhile, while a bill has been introduced in the U.S. house to "modernize" the TCPA by permitting certain informational robo-calls to be made to mobile phones, among other things, the bill would not modify the private enforcement provisions of the statute.
One quandary facing courts and counsel in TCPA class actions is how to give notice to consumers if a class is certified. Last month, a Madison County, Illinois judge ordered that notice of a class action for unsolicited faxes under the TCPA should be disseminated by. . .
. . . you guessed it . . .
Class Action Blogosphere Weekly Review
Posted in Class Action Decisions, Class Action Fairness Act, Class Action News, Class Action Trends, International Class Action Law, Other class action blogs, tagged brinkley, CAFA, class action commentary, Class Action Decisions, Class Action News, Class Action Trends, global coordinating counsel, mass tort litigation, securities class action, TCPA, wage and hour class action on January 15, 2009 | 1 Comment »
CABWR is finally back after a three week holiday hiatus! Here are some blog posts from the week that was that might be of interest to class action practitioners:
Class Action Decisions
CAFA Law Blog discusses a Fifth Circuit Court of Appeals decision addressing jurisdiction under the Class Action Fairness Act (CAFA) before reversing class certification in a case alleging violations of the federal Telephone Consumer Protection Act (TCPA):
Class Action Defense Blog summarizes a California appellate court decision reversing a trial court's decision to deny certification after concluding that it would be necessary to make a determination on the merits to ascertain class members and evaluate numerosity:
Classified comments on a Florida decision upholding a class certification order where the lack of a hearing transcript left the appellate court with no way to analyze the evidence considered by the trial court in reaching its decision:
Folo comments on an opinion by Seventh Circuit Court of Appeals Judge Richard Posner, who has some harsh words for attorneys for objectors to a class action settlement who sought an attorney fee award for what the Judge did not consider a significant contribution to the outcome of the case:
The UCL Practitioner summarizes a Seventh Circuit Court of Appeals decision discussing the removability under CAFA of securities class actions filed under section 22(a) of the Securities Act of 1933:
Class Action Trends
Drug and Device Law Blog discusses the phenomena of "global coordinating counsel" and its rise from marketing ploy to reality as class action and related procedures become more developed around the world:
Mass Tort Litigation Blog discusses the "multi-faceted" nature of mass tort litigation in an article that includes a discussion of federal judge Jack Weinstein treating MDL litigation and settlement of pharmaceutical products liability claims as a "quasi-class action":
Securities Docket summarizes a Manhattan Institute report on a trend in Louisiana public pension funds serving as lead plaintiffs in securities class actions:
The D&O Diary summarizes the year in securities litigation from 2008…
… and The Race to the Bottom offers observations about the modest nature of the increase in securities class actions in light of the financial crisis:
The Daily Insurer discusses a recent report by Seyfert Shaw LLP summarizing trends in employment class action litigation:
Class Action Commentary
Point of Law provides an abstract of a student note by James McDonald in Duke Law Journal entitled "Milberg's Monopoly: Restoring Honesty and Competition to the Plaintiffs' Bar":
Wage Law discusses claims-made settlements and reversions in wage and hour class actions and whether unclaimed funds escheat to the state:
Pro Football Talk comments on the facts of a class action filed on behalf of retired players against the NFL Players' Association for for breach of fiduciary duty, which was recently tried to a jury verdict in the retirees' favor:
Class Action News
The Complex Litigator reports on the California Supreme Court's decision to grant review in the wage and hour class action Brinkley v. Public Storage, Inc., Sup. Ct. Case No. S168806:
Class Action Previews. Predictions, and Hopes for 2009
North Carolina Business Litigation Report previews the year ahead for the North Carolina Business Court, including a discussion of class actions:
New look Overlawyered has a post proposing a good idea for a consumer class action that it's author predicts will be filed by some plaintiffs' firm in 2009:
Law and More has hopes for "juicy corporate class action litigation" in 2009:


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Hey there Mabel: Retro names make a comeback
- From: Daily Mail
- July 04, 2013
MABEL and Stanley used to be found in bingo halls or on mobility scooters.
But now they are more likely to be spotted in playgrounds and pushchairs, as two in five couples are opting for old-fashioned baby names, according to research.
While parents have been selecting names such as Alfie and Grace for the last decade, the "extreme retro" trend has seen them vying for even more out-of-date options.
British PM David Cameron and wife Samantha appear to be following the fashion, naming their children Florence, Nancy, Ivan and Arthur.
Other celebrities who have opted for older names include Lily Allen who named her children Ethel and Marnie, Bruce Willis - who chose Mabel for his daughter - and singer Dido who decided to call her son Stanley.
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Comments on this story
Paul (thats my name, get your own!) Posted at 12:05 PM July 04, 2013
All we're seeing are Hipsters fighting over who heard Beryl first! Sad people.
Comment 1 of 7
Bo Posted at 12:21 PM July 04, 2013
In our family we have, Ruby,Ambrose
Comment 2 of 7
Sev of Melbourne Posted at 12:29 PM July 04, 2013
Does anyone remember the TV show 'Mad About You'? The characters Jamie and Paul Buchman had a baby daughter and called he Mabel. It was on the advice of Jamie's mother that Mabel stands for Mothers Always Bring Extra Love
Comment 3 of 7
Amanda Posted at 2:00 PM July 04, 2013
My 2 year old's name is Stanley (after his great grandfather) and his 6 month old brother is Martin (after his grandfather). I love Ruby and Ambrose Bo...good choices
Comment 4 of 7
Claire of Australia Posted at 2:22 PM July 04, 2013
At least these old fashioned names are better than some of the ridiculous names you hear - Seahorse, Waterfall, Princess. Just to name a few. What happened to names like James and Jessica??? AT least my parents gave me a normal name so I wouldn't be teased at school!
Comment 5 of 7
Turquoise Smith Posted at 2:29 PM July 04, 2013
Anyone who names their child Red, Bear or Aluminum in order for them to "stand out" is only subjecting their child to years of taunting and jokes! There is unusual, and there is just plain mean! I like the use of old fashioned or literary inspired names, though!
Comment 6 of 7
Fuddy-Duddy Posted at 4:20 PM July 04, 2013
We have Josephine Margaret and Victoria Edith. Lots of nickname potential, and they are grown up names - they are adults longer then they are cute little girls.
Comment 7 of 7


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Chris Avellone, Tim Cain, and Josh Sawyer from Obsidian Entertainment are hosting an AMA session on Reddit.
The trio are participating in an open dialogue and, as the name implies, you can ask them anything. The group is currently working on the Project Eternity Kickstarter, which has less than 30 hours left. The Kickstarter has already exceeded its goal with the help of over 64,000 backers.
Project Eternity is an isometric, party-based RPG with a fantasy setting. The team plans to make an RPG that is specifically designed for PC play, instead of consoles. Avellone has shared his belief that RPG mechanics and content are too often limited by console capabilities.
Project Eternity will be available for PC, Mac, and Linux when it is completed. The team is aiming for a 2014 release.
The AMA's length will depend on audience participation, so head over if you have any questions for the group.
Reddit: We are Chris Avellone, Tim Cain, and Josh Sawyer from Obsidian Entertainment. AMA


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Promoting Shari'ah-Compliant Investments via Exchange-Traded Instruments
Modern Islamic financial markets began their journey with the establishment of interest-free banking practices. But while Islamic banking served its purpose, markets began looking for alternative solutions for fund raising and insurance through Islamic finance a decade later. Today, Islamic financial markets have flourished throughout the Middle East, Europe and Asia, with assets of approximately US$1 trillion[i] and the industry is expected to grow at an annual rate of 25 percent.[ii]
The Long, Promising Evolution of Screen-Based Trading
As exchanges were created, they adopted the technology of the time. Early on, the technology available was relatively primitive. The first stock exchange began in Amsterdam in 1603. And the earliest modern futures exchanges began in the 1860s. In those years, the human voice was the main mechanism for executing a trade. Pen and paper were the tools used to record trades. And chalk and chalk boards were the basic technology to display quotes.
Who Pays the Bill ? The Mechanics of Collateral Costs for OTC Derivatives Trades in the US
This article looks at the need for corporations, insurance companies, hedge funds and other users of OTC derivatives to post collateral for their trades under Dodd-Frank. The article discusses the reality of Basel III's impact on bank balance sheets and that in the end, costs will rise for endclients regardless of whether collateral is posted or not. The article concludes with recommendations for end-clients to assess their exposure now and to identify alternative financing options such as collateral conversion trades.
Regulatory Perspectives on Derivatives Markets in India
Keynote address by Dr. Subir Gokarn, Deputy Governor, Reserve Bank of India at the International Options Market Association, World Federation of Exchanges Annual Conference organised by the National Stock Exchange at Mumbai on May 4, 2011
Market Surveillance Considerations in a Cross-Border Trading Environment
Once again, the world's equity markets are witnessing a period of dramatic change. Driven by advances in technology, changes in regulatory and competition policy, and the evolution of exchanges from mutual to publicly traded, for-profit entities, we are seeing the simultaneous consolidation of exchange markets and the concurrent proliferation of alternative trading venues. A spectrum of market operators, traders and investors has raised concerns about these developments and their implications for transparency and market fragmentation.
A Free Option on the Future: Regulated Securities Exchanges beyond 2010
The business of financial intermediation – bringing capital to new endeavours, securing a well-regulated set of investment choices for savers, and enabling risks to be laid off or assumed – has been one of the world's great growth industries. Regulated securities and futures' exchanges have stood at the apex of the burgeoning business of financial intermediation. Were we not so used to it, we would be startled that a single type of business could be so prominent that its street address would serve as short-hand for the entire economy, and an index of its prices a key barometer of economic outlook. Wall Street, Threadneedle Street, Hang Sen, Sensex, CAC40: these and other such names have become accepted barometers for economic wellbeing or otherwise.
Self-Regulation in Securities Markets
This paper canvasses the trends in self-regulation and the role of self-regulation in securities markets in different parts of the world. It describes the conditions in which self-regulation might be an effective element of securities markets regulation, particularly in emerging markets. The paper also discusses important issues for the effective operation of SROs, including corporate governance, managing conflicts of interest, and regulatory oversight by government authorities.
Chicago's Decade of innovation: 1972-1982
If anyone in Chicago in the 1960s had suggested that within a few decades the city would establish itself as an international financial centre, they would have been laughed out of town. To be sure, Chicago was to some degree a centre of money management, a banking hub for the US Midwest. It was also a town whose biggest markets had international significance: the settlement prices for corn, oats, wheat and soybean futures at the Chicago Board of Trade, the world's biggest futures market, set prices for the whole world. But agricultural commodities were simply not part of mainstream finance. Wall Street was largely indifferent to futures trading, which was looked at as an exclusive domain of farmers and industrial food producers.
Recommendations Regarding Regulatory Responses to the Market Events of May 6, 2010
The events of May 6, 2010 and the subsequent investigation, analysis, and reporting by the staffs of the Commodity Futures Trading Commission ("CFTC") and the Securities and Exchange Commission ("SEC" and together with the CFTC, the "Commissions") have highlighted many important policy and practice issues in today's securities and futures market environment. In this Summary Report, the CFTC-SEC Joint Advisory Committee on Emerging Regulatory Issues focuses on recommendations targeted at the most important and pervasive issues affecting investors and the markets, rather than attempting to address all of the topics that have been raised in the course of our work.
High Frequency Trading: What We have Learned and Where We're Headed
Think back to 2009 when high frequency trading (HFT) first became a topic of interest. At the time very little research existed on the issue -- essentially all we knew was that high frequency traders were fast and technologically sophisticated. They spent heavily to achieve low-latency, by purchasing co-located servers and by employing programmers who could optimize data analysis techniques. Since then researchers, including myself, have started studying HFT in greater depth. My work specifically looks at the activities and impact of HFT on U.S. equity markets, and my research has uncovered several key characteristics of high frequency traders.


text: Denis Bradler | IBDB: The official source for Broadway Information IBDB: The official source for Broadway Information Official Broadway League sites: - sites - broadway.org broadwayleague.com broadwayfanclub.com kidsnightonbroadway.com stagespecs.org tonyawards.com Quick Search For: In This Category: All Show People/Org. Theatre Season Denis Bradler Performer Male Productions ProductionsDate of ProductionsMy Darlin' Aida[Musical, Original] Performer: Denis Bradler [Child]Oct 27, 1952 - Jan 10, 1953 Find out where Denis Bradler and are credited together © 2001-2015, The Broadway League, All Rights Reserved. (Copyright and Disclaimer)


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LONDON (AP) - Firefighters say they're tackling a blaze at a recycling center in east London that is the biggest the city's seen in several years.
The London Fire Brigade said that the whole of the single story building is on fire and that a plume of smoke can be seen across the capital.
The recycling center is in Dagenham, about 7 miles east of the Olympic Park, where the closing ceremony is being held later Sunday.
Wind has been blowing the smoke away from the Olympic Park and organizers say the fire won't affect this evening's closing ceremony.
Copyright 2015 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.


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Oil and natural gas operations in the U.S. Gulf of Mexico have begun returning to normal, although work in Mexico's chief offshore oil-producing region may be suspended for a few more days because of Hurricane Dean. Andy Radford with the American Petroleum Institute says the industry learned from the storms of 2005.
"With Ivan, Katrina and Rita, those three storms showed us that we needed to take a look at what we were doing out there and try to minimize the failed moorings, so we issued standards on that. A lot of damage during the storms was the equipment that was placed on the platform—the crew quarters and some of the processing equipment for the oil and gas. We saw a lot of damage to the platform itself, from those getting blown around by the wind. If water got up into the deck it would move those things around and it made it quite difficult to get production back on line, even though the structure was still standing. We issued a bulletin 2TD, which is for tie-downs of this equipment that's on a platform."
Radford says other changes have been made to minimize damage on deepwater rigs and platforms.
"Companies have made upgrades to their equipment. On the permanent production facilities, you know, moving critical equipment higher on the platform, if possible. On the mooring side, the availability of equipment is a bit of an issue. Some of the manufacturers of the chain and the ropes and the equipment that's used to moor these floating drilling units, you know, the availability has not been there, but we're catching up and trying to get everything we can done before the height of the storm season."
Shell Oil and ExxonMobil, as well as Noble, Transocean and Pride International have been bringing work back on line. Shell has reduced rates at the Deer Park refinery in anticipation of an interruption in crude oil supply. The company says there is the potential for delayed oil shipments.
San Diego-based Accredited Home Lenders has announced plans to shut down most of its business amid troubles in the home lending industry. Accredited says it will cut its work force by 1,600 jobs and close 65 branches. The company will immediately stop accepting applications for home loans in the U.S., though it will honor the loans it has already committed to finance. The company will close its retail lending business, which issues home loans directly to consumers. Accredited is also scaling back much of its wholesale lending division, which issues mortgages through brokers. The company will close five of its ten brokered loan offices and lay off about three-fifths of the unit's workers.
Luxury homebuilder Toll Brothers says its third-quarter profit tumbled, hurt by hefty write-downs and higher-than-expected cancellations. Chairman and CEO Robert Toll says in a statement that the company continues ''to wrestle with the interrelated challenges of softer demand and excess housing supply in most markets.''
With home sales plummeting, the number of Real estate agents working in the profession is expected to drop this year. The National Association of Realtors says it will be the first such decline in a decade. The group ended last year with nearly 1.4 million members, nearly double the number in 1997. This year, the group's membership is expected to finish down four percent from last year. Trade groups in two of the hardest-hit states, California and Florida, also forecast membership drops.
Four major banks say they each have borrowed $500 million from the Federal Reserve's discount window, amid efforts to restore liquidity to the markets. Citigroup, JPMorgan Chase, Bank of America and Wachovia each stressed they themselves have "substantial liquidity'' and the ability to borrow money elsewhere. In a joint statement, three of them say they decided to borrow directly from the central bank to demonstrate "the potential value of the Fed's primary credit facility'' and encourage its use by other banks. Tapping the discount window had previously been seen as a last resort for banks in trouble, a perception the Fed sought to eliminate. Citigroup was the first to announce its decision to borrow the money, "on behalf of its clients'' at Citibank.
More children's items made in China have been recalled because they contain high levels of lead. The largest recall affects about 250,000 Spongebob Squarepants address books and journals, manufactured in China and imported by Martin Designs. They have been recalled because paint on the metal spiral bindings can contain high levels of lead. About 66,000 spinning tops and about 4,700 pails painted with Thomas & Friends, Curious George, circus scenes or solid colors have also been recalled because paint on the wooden handles contains high levels of lead. About 14,000 Toby & Me jewelry sets, and about 7,900 Children's Divine Inspiration charm bracelets have also been recalled. No injuries have been reported.
A utility executive says there were seven bidders on a proposed coal fired power plant in southwest Arkansas. Three were from companies other than Southwestern Electric Power Company and its parent corporation. SWEPCO has 464,000 customers in Arkansas, Louisiana and northeast Texas. SWEPCO Director of Business Operations Tom Brice told the Arkansas Public Service Commission that the three bidders were rejected because their plans wouldn't provide the generating capacity SWEPCO needed from the plant. Brice acknowledged that the other four bids came from SWEPCO and its parent company, American Electric Power. But he said a strict code of conduct was followed in the bidding process. Brice says the company team that formulated the request for proposals worked independently of the teams that developed and accepted the bids, Brice said. The commission is hearing from SWEPCO and critics of the plant before deciding whether to certify the proposed project. SWEPCO wants to build the plant on almost 3,000 acres about 15 miles northeast of Texarkana by 2011. Opponents say the 1.3 billion plant near Fulton, Arkansas, would dump more pollutants in the environment and contribute to global warming. The AEP subsidiary estimates the plant would create 110 full-time jobs once it is operating, with an estimated annual payroll of $12 million. The utility is defending its choice of using coal from the Powder River basin of Wyoming and says it has properly evaluated potential costs from the plant. Earlier, a lawyer for hunters and landowners opposed to the project asked that the hearing be delayed so more environmental work can be done. The plant also needs a permit from the State Department of Environmental Quality.
Attorneys told a federal judge in Boston that they're close to reaching a settlement in a dispute over names of some feminine products. They're to report back September 4th over the 2006 lawsuit filed by Tyco Healthcare against Irving-based Kimberly-Clark. The suit claims Kimberly-Clark was infringing on the trademarked name "flexi-wings'' used on its Always brand. Tyco healthcare is a former Tyco International unit that recently was spun off as Mansfield, Massachusetts,-based Covidien. Tyco Healthcare--now Covidien--licenses the "flexi-wings'' name to Cincinnati-based Procter & Gamble, which uses it on Always brand items. Kimberly-Clark denies that the two names are "confusingly similar,'' and said in court documents that "wings'' is a generic term used by many sanitary pad companies.


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10 comments
I'm not much of a camper but since curbside recycling was kicked to the curb I will drop off some of my trash at the locations listed. I sure the individuals there will save the earth with whatever I drop off.
Two points:
1. Tis their properties. What they do, what they like, what they allow others to do on their properties is their business. I wonder if the properties might be posted, GUN FREE ZONE ? or STAND YOUR GROUND FREE ZONE ?
2. Regarding melting my gun, that would first require removing it from my grip while preventing it's use. Dream on ladies.
The Bill of Rights protects all of our basic God-given Rights. Over the years Citizens have had to continue defending those Rights from the government and its useful idiots. The time for simply defending these Rights as they are continually nipped at is over. It's time to start ENFORCING them and restoring those that have been stolen or otherwise eroded.
Remember Sweden's complicity with the Nazis during WW II. We've heard what Ted Nugent thinks about the French. I believe he has similar opinions about Swedes, and I would agree with Ted.
Sweden isn't as tolerant as most people make it out to be. Nearly all the Nordic countries are paying for their open arms immigration policies to replace Tue non-labor Birds with colored folks to do the hard labor and dangerous labor in those countries. It is also spurring a rise in most of the Nordic countries what would be similar to the kooky klan and crazy nutsis in racial hatred of all whom arent pure breed WASPy or Nordic heritage folks. Just because our media wants to paint this nation as the most racist since forever doesn't mean that other countries arent worst and aren't going down paths that we have effectively begun to tame almost 60yrs ago. Those that chose not to recognized the issues of demographics are whistling past a graveyard a tune of false bravado.
Oh Ken, this is priceless. It caused such mirth and merriment that I laughed so hard and fell out of my chair, thereby injuring my funny bone and other sundry body parts. Now I'll be forced to engage the services of an attorney to sue the Hackelings and Abel. My goodness, they have done me a great injustice and I am quite the victim, not to mention the insult I "feel" from their hate speech in the editorials. Thank you for pointing this out. Now, where are my sleeping bag and tent for those camp-outs …. ??? I'm sure they'll also be obliged by law to provide sanitary facilities as well as water, fire pit or grill for cooking, night time lighting for safety, etc. We aren't allowed firearms on their properties so they'll also be required to ensure our safety from any and all wild animals, including those socialist types from Freeland. Anyone care to join me?
As my dad always said Sweeds are Norwegian's with their brains knocked out. Talk about taxes, just ask the Scandinavian countries what percentage of their income goes to taxes especially for an automobile. All those blue eyed bimbos sing kumbaya and bow to their socialist kings. I am part Norwegian and eat my fair share of sardines, but I am an AMERICAN first where we have the freedom to be free and own property where it is not part of some socialist utopia with a bunch of robots running around handing out flowers to everyone and smoking a joint.
Comments are now closed.


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Location of industry is concerned with the least cost location, so that again transport costs are a crucial element in the location decision. A German economist, Alfred Weber devised the theory of industrial location, in 1909. In the early part of the industrial revolution factories developed in areas that were already producing manufactured goods. These were the places where woollen textiles were produced in farmhouses on farms that bred the sheep. The shift was from the farmhouse to a mill, in the same area. By chance many of these textile mills were on coalfields, so that when the shift from water powered to steam coal powered mills occurred, the transition was in the same place. The same thing happened as steel production was also shifted from local forges to coal powered mills. The early industrial revolution saw mills and factories develop on coalfields, and remain entrenched there for more than a century.
By the end of the 19th century, these raw material locations were losing their ascendancy. At the beginning of the industrial revolution roads were poor quality and slow. Canals were rapidly constructed to move heavy industrial materials, but nowhere did these form a really convenient network. It was the development of railways into extensive networks by the end of the 19th century, that enabled industrial location to free itself from raw material sites. This trend continued with roads and vehicles in the twentieth century, but water transport and especially the sea, remained dominant for long distance transport of industrial goods. Webers analysis came at the point where railway networks had developed to their ultimate extent. He was therefore concerned with the balance of location between raw material site, the market for manufactured goods, and transport.
Some definitions
The factory or plant is an individual building or premises that produces manufactured goods. A company may own several factories, probably in different locations. The industry comprises many factories, or plants, and a number of independent companies. Industrial location is primarily concerned with the siting of a single factory, rather than the whole industry, although the location of the industry is in itself a locational factor. The concepts of site and situation play separate roles, although we may use the word site in relation to location when we are really looking at the situation of the factory.
The site of a factory, or group of factories, is the actual physical location, or block of land. There are some basic locational constraints for the site, such as a plentiful supply of flat land, access to transport, power and water, availability of labour, and capital and finance facilities. Almost all cities will possess appropriate industrial sites and these will be zoned by councils.
It is therefore the situation, or the relative location, in relation to other factories and the industry that is important. Like agricultural and central place location theories, Weber makes assumptions that simplify reality, but unlike these other theories, he does not assume an equal distribution. Rather he assumes that raw materials are unequally distributed in fixed locations.
1. There is an uneven distribution of natural resources on the plain.
Raw materials are concentrated in specific sites.
Raw Material or Market Site
In the first instance we consider whether to locate an industry in the raw material or market location. If there is no weight loss or weight gain in production, you site your factory at either location, because the transport costs are the same each way. The diagram on the handout illustrates how isotims of equal cost distance are constructed around each site, thereby creating intersection points of equal but higher values, termed isodapanes.
As transport costs are not identical for raw material and manufactured goods a relative weighting must be calculated. Weber did this with a material index, whereby the relative weight gain or loss is calculated.
Material index = total weight of materials used to manufacture
the product
If the product is a pure material its index will be 1. If the index is less than 1 the final product has gain weight in manufacture, thus favouring production at the market place. The weight gain is most likely to come from the addition of ubiquitous materials, like water, that we can expect to occur anywhere. Such a product would be a drink, soft drinks or beer, where a small quantity of usually dried materials are added to water and bottles to make a much heavier and more fragile final product. Most products lose weight in manufacture, such as a metal being extracted from an ore. Thus their material index will be more than 1, thus favouring the raw material site.
The significance of the material index is in calculating precisely the difference between the unit transport costs of raw materials and finished products. The number of the index is used to calculate a relative weighting, which is then applied to the spacing/radius of the isotims. The locational triangles on the handout are small examples of the weighting of more than one material.
While the drawing of isotims and isodapanes is very straightforward for 2 sites, it is in adding a number of material sites and markets that the spatial model both increases in complexity and begins to provide a useful method for calculating the least cost location. As well as weight loss or gain the material index and weighting of transport costs can also take account of loss or gain in transport, of features such as perishability, fragility and hazard.
Qualifications to Industrial Location
Companies make economies of scale and benefit from shared facilities, labour force, infrastructure, services and raw materials if they are sited in the same place as existing factories. This process of agglomeration concentrates many factories into industrial regions or zones.
At the other end of the process is industrial inertia. As changes occur in raw materials, decline of locational advantages and transport infrastructure, old industrial areas decline, but do not lose all of their industry or population. Factories close and unemployment soars, but people remain because it is their home. These areas decline gradually over a very long period and may regenerate with new light industry.
Light manufacturing or footloose industry is increasingly controlled
by Trans National Corporations who make global location decisions
based on economies in transport, wages and infrastructure. They poured
investment into South East Asia, and then pulled it out. They drive
much of the world economy and benefit from extremely efficient transportation
that skews the locational decision towards the largest markets. While
Indonesia riots, the capitalists race for China.


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Get a taste of New York's most legendary restaurant with "Musical Mondays" exclusive packages at Le Cirque Café
Previous Offer
Sorry you missed this offer...
Offer highlights:
- Get a taste of New York's most legendary restaurant with three exclusive Time Out packages during "Musical Mondays" at Le Cirque Café.
- Package 1: Enjoy live music and sophisticated surroundings while you sip four cocktails for just $60. Le Cirque Café's expertly mixed options include everything from the newly imagined Bohemian Sidecar to the Passion Mule, a fruity take on the Moscow classic.
- Package 2: Reinvent your Monday-night dinner date with a two-course menu for two, plus a bottle of Veuve Clicquot Yellow Label NV for $180. The refined menu of French classics makes for a romantic meal, and runs the gamut from oysters with mignonette to cassoulet with duck.
- Package 3: Splurging for a special occasion? Enjoy this two-course menu for two, and upgrade to an exquisite bottle of Veuve Clicquot La Grande Dame 1998 (a $300 value!) for just $280.
Upcoming shows
Click here to see event details.
Stay up-to-date with Musical Mondays at Le Cirque Café on Facebook: www.facebook.com/LeCirqueCafe or on Twitter: www.twitter.com/@LeCirqueCafe.
Need to know:
- Reservations are required and are subject to availability.
- Offer valid only on Mondays for dinner service. (Not valid on April 15 and 29).
- The shows start at 7:30pm and the kitchen closes at 10:30pm.
- Menu subject to change and items bearing supplementary charges are not included.
- Ages 21+. Tax and gratuity not included.
- Voucher expires July 8, 2013. All sales are final. No refunds or exchanges.
Le Cirque Café
151 East 58th Street, New York, NY, 10022


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Eggs Benedict with Smoked Salmon and Dill Hollandaise
6 servings
- For the Sauce:
- 3 large egg yolks
- 2 tablespoons water
- 2 sticks unsalted butter, melted
- 1 teaspoon Tabasco sauce
- Fresh lemon juice
- 1 bunch fresh dill, chopped (reserve 6 sprigs)
- Salt and pepper
- For the Eggs:
- 1/4 cup white vinegar
- 12 large eggs
- 6 English Muffins, cut in half, toasted
- 1/2 pound smoked salmon
- 2 ounces capers (optional)
Create a double boiler by placing a large heatproof bowl inside a pan half filled with water. Place the egg yolks and 2 tablespoons water in the bowl; make sure the water in the pan does not touch the bottom of the bowl. Bring the water to a gentle simmer over medium-low heat. Season the eggs with salt and pepper; whisk constantly until the mixture starts to thicken, about 5 minutes. (Be careful not to scramble the eggs!) Remove the bowl from the pan, resting it on a wet towel, formed into a ring, to secure it in place. Whisk the warm, melted butter into the eggs, a little at a time, making sure each addition is completely incorporated before adding more. Finally, add the Tabasco, a few drops of lemon juice and the chopped dill. Adjust the seasoning with salt and pepper and keep warm on or near the stove while poaching the eggs.
Fill a large, shallow pan with water to the depth of two inches. Bring to a simmer and add the vinegar. Working with 6 eggs, crack the eggs, one at a time, and gently slide them into the water. Do not allow the water to boil. Once the whites have set and the yolks are glazed, but still soft, about 4 minutes, use a slotted spoon to remove each egg to a large plate. Repeat with the remaining 6 eggs.
Blot the eggs with paper towels to remove the excess water. Place 2 English muffin halves, cut-side up, on each plate. Cover generously with smoked salmon. Place a warm poached egg on each English muffin half and cover with the dill hollandaise sauce. Garnish each egg with capers (if using) and a spring of dill.
Recipe reprinted by permission of <I>Woolverton Inn, NJ<. All rights reserved.
RecID 8794
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text: With each episode of the Bug City video series, children aged one to six are introduced to the diverse world of one insect species or a group of related species. With the help of hand puppet Bugsy Seagull; Dr. Art Evans, director of the Insect Zoo for Los Angeles' Museum of Natural History; and film star Christina Ricci, the habits, diets, adaptations, and life cycles of our creepy crawly neighbors are revealed in sharp detail. Employing the latest advances in microscopic photography, each episode magnifies the day-to-day lives of these amazing creatures, revealing secrets it would be difficult to learn otherwise. Also included are tips for safely handling insects and techniques for creating habitats for the various species examined. Bug City: Really Gross Bug Stuff examines some of the most distasteful aspects of the behavior of bugs. From maggots feeding on dead animals to wasp larvae eating their caterpillar host from the inside out to the infamous dung beetle dining on its favorite food, this episode captures the stomach-turning habits of insects. ~ Sean Hurley, Rovi


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|929 Gallons of White Lightning Found in Wilkesboro
|Written by Adam Hicks
|Monday, 12 October 2009 08:24
State authorities said they found nearly 1,000 gallons of moonshine under a shed in Wilkesboro.
According to the Associated Press, the 929 gallons are believed to have belonged to 63-year-old Roger Lee Nance, of Wilkesboro. Nance was arrested on Wednesday on possession of non-tax-paid liquor for the purpose of selling.
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Gorgeous, handmade and stylishly decorated with a swirl of buttercream frosting and delightful toppings. Here at The Little Cupcake Company, we lovingly make every single cupcake from the finest fresh and natural ingredients, including free range eggs, fresh milk and real butter. Our products are beautifully packaged and delivered across the UK by couriered post; they taste as good as they look!
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Bainbridge police undergo misconduct policies review
BAINBRIDGE ISLAND - The city is hiring a former Seattle police watchdog to review the Bainbridge Island Police Department's misconduct investigation procedures.
The review is limited in scope, with much of the focus on documented policies and internal structures rather than an investigation into individual complaints against officers or police discipline files.
"We are hoping to take a close look at our procedures and policies, and build back the community's trust in our police department," Mayor Kirsten Hytopoulos said.
The review will be conducted by police accountability consultant Sam Pailca. She served for six years as the Seattle Police Department's first Office of Professional Accountability director, a job that often put her at odds with rank-and-file officers. She was particularly critical of officer relations with ethnic minorities.
Hytopoulos stressed that the review was not sparked by any single incident. She said city leaders have heard several complaints about police conduct.
"More than anything, this is about the well-known strained relationship between the community and police department," she said.
The three most prominent police misconduct cases in recent years have been the allegation of a sexual and physical assault against a Bainbridge woman during a drunken-driving arrest in 2007, an alleged unlawful arrest of an officer's purportedly suicidal wife, also in 2007, and the police shooting death of a mentally-ill man late last year. All three incidents have led to lawsuits against Bainbridge police.
Hytopoulos said the City Council began considering a police misconduct policy review last year before the October police shooting of Douglas Ostling.
A proposed contract with Pailca was brought to the council this week after council members expressed "recent particular interest" in police misconduct issues, Interim City Manager Brenda Bauer said.
Councilwoman Debbi Lester said she would like a review with a broader scope, possibly including interviews with police officers.
Other council members preferred a limited focus — at least for now.
"I see this as a first step, and something the (police) chief and the consultant worked out as a beginning overview," Councilman Bob Scales said.
Pailca will charge the city $175 per hour for an estimated 30 hours of work. The contract is not to exceed $7,000.
Hytopoulos said the contract could be extended or broadened depending on Pailca's findings.
Pailca is scheduled to begin her review Monday and deliver a report to the city by Aug. 31.
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The Shakespearean character Oberon in A Midsummer Night's Dream is King of the Fairies, but the name, with its strong 'O' beginning, projects a far more virile image than that.
Oberon was also seen as a fairy king in old German legend, in French heroic song, a Ben Jonson masque, and several operas. And an Oberon appeared in Disney's animated film "Gargoyles."
The identically pronounced Auberon is occasionally heard in literary England.
Lists containing Oberon:
- The O Names
- Vowel Baby Names for Boys
- Movie Character Names
- Unusual Baby Names
- Best Cool Unusual Boys' Names
- Shakespearean Names
- 100+ Classic Boys' Names — below the Top 1000


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Moschino's typically fun and fabulous approach to fashion's print trend is perfectly showcased with these graffiti stretch-satin pants. Pick out your favorite hue with a color-block top, completing the look with black accessories.
Multicolored graffiti-print mid-weight stretch-satinMid-rise, skinnyBelt loops, five pocketsButton and concealed zip fastening at waist97% rayon, 3% other fibersDry clean
Product code: 312466 - Need help? Contact us


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Yoga Programs and Retreats
Yoga Programs & Retreats
CorePower Yoga Programs help you lead a healthier, more fulfilled lifestyle that supports your yoga practice.
Our programs offer something for everyone:
BootCamp boosts your fitness and metabolism, the Wellness Cleanse teaches longterm healthy eating and living and Yogi Training deepens and enhances your yoga practice. Looking to leave town for awhile? Indulge in a Yoga Retreat, and escape the every day grind.


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Then-Mayor Michael Bloomberg's ceremonial ride on the No. 7 train earlier in December to the line's future stop at 34th Street and 11th Avenue was premature until they find $500 million more to build the promised intermediate station at 10th Avenue and 41st Street. This station was deleted from the original scope of work in 2007 as a cost saving measure to complete the No. 7 line extension within the available project budget. The original budget grew from $2.1 billion to $2.4 billion. The anticipated first day of revenue service slipped six months from December 2013 to a new anticipated date of June 2014.
When praising this project, Bloomberg failed to identify other critical subway extensions that were built after 1950.
On Nov. 26, 1967, the Chrystie Street connection was opened. This linked the BMT line (today's B and D lines) via the Manhattan Bridge to the IND Sixth Avenue line. This provided new operational and service options for the New York City Transit benefiting several hundred thousand Brooklyn residents.
On Dec. 11, 1988 the Archer Avenue subway line was opened at a cost of $440 million. Thanks to this investment, the J/Z and E lines provide direct service to both the Long Island Rail Road Jamaica Station and a new terminus at Jamaica Center at Archer Avenue and Parsons Boulevard in Jamaica, Queens. There are additional new stations including Jamaica/Van Wyck and Sutphin Boulevard/Archer Avenue.
On Dec. 16, 2001 the 63rd Street Tunnel between Queens and Manhattan was opened at a cost of $650 million. This included new stations at 21st Street Queensbridge, Roosevelt Island and Lexington Avenue/63rd Street. Thanks to this investment, the Queens Boulevard. F line continues to provide direct service to the 6th Avenue corridor in Manhattan without having to use the older 53rd Street tunnel between Queens and Manhattan. This affords riders additional service options for those traveling between Queens to Manhattan.
Bloomberg's real plans for extension of the No. 7 subway to New Jersey after many years never got beyond a basic planning feasibility study. This study released several years ago by the New York City Economic Development Corporation looked into the feasibility of extending the Flushing, Queens No. 7 subway extension beyond the 34th Street and 11th Avenue station adjacent to both the Hudson Yards development project and Javits Convention Center on the west side of Manhattan to New Jersey Transit's Secaucus Junction station by Exit 15X on the New Jersey Turnpike was just the beginning. A planning feasibility study is just what it says, a study. There were no environmental documents or preliminary design and engineering efforts necessary to validate any initial estimated actual costs to complete this proposed project. These costs will be refined as projects progress beyond the planning and environmental phases into real and final design efforts. Value engineering, which is a process used to reduce costs, will be used during the final design phase.
Unfortunately, history has shown that estimated costs for construction usually trend upwards as projects mature toward 100 percent final design. Progression of final design refines the detailed scope of work necessary to support construction. The anticipated final potential cost for many of these projects will never be known until completion. Costs will be further refined by award of construction contracts followed by any unforeseen site conditions and change orders to the base contracts during the course of construction.
History has told us that construction of most major new transportation system expansion projects have taken decades. This is due to completion of feasibility studies, environmental reviews, planning, design, engineering, real estate acquisition, permits, procurements, construction, budgeting, identifying and securing funding to pay for all of the above.
It will end up costing the Metropolitan Transportation Authority $2.4 billion provided primarily by the City of New York to extend the No. 7 subway one stop or 11 blocks from the existing Times Square 42nd Street Station to the new Javits Convention Center. No one really knows how many billions more would be required to build a new tunnel under the Hudson River with billions more needed for work on both the Manhattan and New Jersey sides of the River.
Remember that the existing Flushing, Queens subway yard is already operating at capacity. This facility built adjacent to wetlands has little opportunity for expansion. A second storage yard might have to be built at a site in New Jersey preferably as close as possible to any new station adjacent to the existing New Jersey Transit Secaucus Transfer Station. It would be difficult to dead head all the equipment from the current Queens Storage Yard to Secaucus to provide service prior to any AM or PM rush hours. Remember that if New York City Transit wants to maintain existing headway between trains especially during rush hour, additional subway cars would need to be purchased. With an average cost of over $2 million per car, 100 additional cars would equal 10 trains. This would cost $200 million. A new storage yard could easily cost in the hundreds of millions. These costs are in addition to the basic new tunnel under the Hudson River, track, signal, power and substations. A new intermodal bus terminal would need to be constructed at Secaucus. This would be needed to accommodate hundreds of rush hour buses. Diverting many of these buses from the existing already overcrowded Manhattan Port Authority Bus Terminal could free up scarce space there. This could provide new capacity for service from other regions in the Metropolitan area. In addition, it might elevate the need to dead head several hundred buses to mid-day temporary storage facilities in New Jersey. A multistory parking garage to accommodate several thousand cars would also be needed. This would free up valuable space in the already overcrowded Lincoln Tunnel during rush hours. A new direct connection between Queens, Manhattan and New Jersey could assist thousands who are reverse commuters to employment centers along with sporting events such as New York Mets games, other Citi Field, US Open, Arthur Ashe Stadium along with Flushing Meadows-Corona Park and the Queens Zoo. Thousands of New Jersey residents would have a direct connection to Manhattan East Side. Metro-North commuters via Grand Central Terminal would have a new direct connection to New Jersey.
Extending the No. 7 subway line to Secaucus could easily cost $10 billion or more. At the end of the day no one could either find or commit any additional funding beyond a simple $300,000 planning feasibility study to make Bloomberg's dream a reality.


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Kraddy | Ninja Tune Solid Steel Podcast SpecialJuly 5th by John-Michael Tags: Kraddy, Kraddy Mix, Ninjatune, Solid Steel Podcast
Fever Ray – I'm Not Done [R/D's Just Beginning Remix]
Jahcoozi - Close To Me
Jahcoozi - Close To Me [Milanese Remix]
Si Begg - High Volume Tigerbeat6 VIP Remix
Dead Prez - Hip Hop [Number Nin6 Pervert Refix]
Toasty - The Knowledge
The Earlies - Breaking Point [EPROM Remix]
Rustie - Bad Science
Ludacris - Area Codes [Kraddy Mash]
Noah23 - Blackstone [Mochipet Remix]
Sub Swara - Quiet Dog Inst _ Unknown
Rich Boy - Boy Looka Here [Kraddy Mash]
Maisa One - In Di Streets
Zero 7 - Everything Up [Joker and Ginz Remix]
Rusko - Ravers Spesh
Dorian Concept - Freehanded Monkey
Kraddy - Android Porn [Si Begg Remix feat. k-the-i???]
The Infesticons - Bombs Anthem – Kraddy Remix
Kraddy - Freakshow
Kraddy put out a new mix out and man it's banging. Hand selected banging tunes put together for a nice journey through bass. Kraddy has some serious momentum going on. His upcoming mash up album is highly anticipated coming out of the Alpha Pup label and his recent track Bomb Anthem is blowing up dance floors. Keep your eye out on him because he's about to slay the world.
Category: Downloads, Dubstep, Glitch Hop, Mixes, Music | No Comments »


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Wednesday, November 14, 2012
Engine 104 and EMS units were dispatched to 8354 Beachwood Park Rd in the 1003 box for an unknown emergency 911 hangup. As those units were en route Fire Alarm started to receive numerous calls for a house on fire at that address and the box alarm was filled out. E121 (Capt. Krok) went responding in under a minute with 5. E121 was first to arrive on the scene with a 1.5 story dwelling with smoke showing from the rear passing command and field. Two 200' 1 3/4" hand lines were stretched by the crew of E121, one went to the top floor of the split level and the second went to the first floor. Crews encountered heavy fire and high heat on the second floor but knocked down all visible fire and continued to push in. A primary search was conducted and the walls and ceilings were opened up. Crews on the first floor opened up the ceiling and had fire in the C/D quadrant and extinguished. All companies worked aggressively to bring this fire under control quickly and minimize damage.
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The 2012 PARC SuperMoto Super Series is shaping up and man are we excited. Rider input has given us some great ideas for this years series. The Series will be an 8 race Series with 7 results counting towards the championship. The events will be held Sunday mornings (as per rider input) to allow riders to commit to other things in life. Practices will start at 8:30 am and we should be wrapped up by early afternoon. The events will ran by our PARC event staff to allow full participation from the SuperMoto riders and their families. Lots of track time, real trophies for classes with 5 or more riders, and a reworked dirt section will await this years competitors. Rounds 6 and 7 will be part of a Labor Day Motorsports Festival at PARC, featuring Drifting, SuperMoto, auto-crossing and a Hot Rod Cruz-In. This two day event will be the highlight of the series for sure. Stay tuned for more info. Be sure to mark your calendars with the following dates:
Round 1. April 29
Round 2. May 27
Round 3. June 17
Round 4. July 15
Round 5. August 12
Round 6. Sept 2. Labor Day MotorSports Festival
Round 7. Sept 3. Labor Day MotorSports Festival
Round 8. Oct 21. Pumpkin Scramble
*All efforts were made to avoid scheduling conflict with OMRRA and OregonSuperBikers schedules. Unfortunately the May and July dates conflict. Rest assured this was certainly not intentional.


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Elizabeth Adams's Page
Thank you for visiting my fundraising page!
I am very excited about the upcoming Sit-a-Thon to support the Awake Youth Project, sponsored by the Brooklyn Zen Center. The program offers teens from under-served communities in Brooklyn the opportunity to practice meditation and mindfulness in supportive settings and to lead meditation groups in their own high schools.
Meditation offers these young men and women a powerful way to cope with the enormous hurdles and stresses they are facing in their daily lives. On top of the powerful emotions of the teenage years, these teens face social and economic inequities, as well as the frequent presence of drug abuse, gang activity and violence in their neighborhoods.
I discovered the gift of meditation and mindfulness much later in life than the participants in the Awake Youth Project. And in the few years that I have been meditating and attending Brooklyn Zen Center, I have been amazed at how profoundly transformative this simple act can be. I think back to my experiences as a teenager– full of emotional turmoil, anxiety, and confusion about who I was. Needless to say, these struggles did not simply disappear as I got older. While I have found various resources over the years to help me deal with these issues, the practice of meditation is bringing me a newfound freedom. Increasingly, I am learning to separate from the negative patterns of my past, to respond instead of simply react, and, in the process, to begin to discover my true self.
It's never too late – or, as in the case of these teens, too early – to discover such a gift. I am so happy and impressed that they are seeking the freedom and peace and generosity that can grow from this practice. I want to do everything I can to support them in their bold and courageous effort. When young people who are facing so many challenges respond in such a positive way, how can we not support them? I strongly believe Buddhist teachings and practices should be made accessible to all who seek them. I am thrilled to have the opportunity to sit on behalf of these amazing teens and their powerful initiative. I hope that you will make a donation and consider sitting yourself.
Many thanks for your support! All donations will be matched dollar for dollar.
Please pass this along to anyone who might be interested in supporting this initiative.