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Why did you choose this product?
the only problem i have with this is the lock levers on the wheels, i keep bumping into them so then i cannot move around as well, like turning around to get books out of my bookshelf or getting to the filing cabinet next to my desk. it does help me keep better posture at my desk....
Cando Ball Chair
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ITEM#: 12408052Exercise your core while completing your office tasks with this fun ball chair from Cando. Sitting on a therapeutic ball encourages correct posture while working the back and abdominal muscles. Ball chairs are also helpful for those with vestibular disorders, encouraging the development of balance without interrupting daily tasks.
Use the handy wheels on this ball chair to extend your reach to different parts of your office. Turn easily to grab a book off a bookshelf or to ask an office mate a question. Lock the casters in place to provide a steady base for serious work projects.
- Exercise ball chair holds a therapeutic 50-centimeter ball securely in place
- Office chair features locking casters for stability
- Great for vestibular exercises
- 50-centimeter ball included for immediate use
- Chair without back or arms promotes freedom of movement
- FSA eligible with a physician's approval letter
|Exercise Balls, Other Equipment
|1 year Limited Manufacturer
|Model Number
|Country of Origin
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Customer Reviews
Most Helpful
very happy with this product
I have been using this chair for a couple of weeks now and I'm pretty happy with it. It's been very good on my back, my posture has been much better while sitting for long periods. I really don't want to complain about this product, it's price is very good for how comfortable it is. The only thing that I did need to change had to do with the wheel locks. The manufacturer put them on all four wheels, which is needed if you are going to use this chair for exercise, but I would randomly step on one of the brakes when sitting down. A few days ago I cut the plastic brake tabs off of the wheels and haven't had a problem since. I will buy another one when this one wears out.Read More
suits my needs
The ball is a bit small so I only gave 4 stars. It suits my needs but if you wanted to use it at a taller desk another larger ball would need to be purchased.Read More
Great alternative to an office chair.
I sit at my desk all day, and wanted something to at least make me feel more active. This chair is great. Just be sure to lock the ball into the guards. Another posted noted issues with the locks on the wheels; they are annoying, and I find that I inadvertantly lock them while moving around. It would be nice if they were removable. Otherwise, I'm completely happy at this point. Great product, but I wish it was cheaper!Read More
Most Recent
Ball is TINY!
Everything works well and goes together well, but not as pictured! Ball does not even touch the metal bars on the side, appears to be about 1/2 the size of what is in the photograph.Read More
works as expected
the only problem i have with this is the lock levers on the wheels, i keep bumping into them so then i cannot move around as well, like turning around to get books out of my bookshelf or getting to the filing cabinet next to my desk. it does help me keep better posture at my desk.Read More
For ACTIVE kids & for adults seeking core strength
Bought this for a hyperactive youth to use for his TV watching and his homework. EXCELLENT for focused work as well as giving a useful outlet for people who have to fidget & wiggle etc. Then yesterday I tried it for an hour or so. Today I feel some muscles I didn't know I had, and they apparently had gotten a light workout, just from my haphazard bouncing in front of the TV. I especially like that it elevates the ball to a normal chair height, keeps it in one spot, and easily allows the ball to be lifted out for other purposes ie exercise. The minimalist design is easy on the eyes, but it is surprisingly useful as well.Read More
Questions & Answers
I sat in one at the eye doctors and liked it
low profile design
flexible seating for students
Looked like it was great for what I need at work. Help promote good posture...just hoping it fits my little legs
office chair- I am a manual therapist specializing in posture, wanting to test it out.
price, good reviews, good for work.
I am 5'5" and my desk height is 28". I just purchased a 55cm balance ball to sit on and it was not high enough for the desk. Would the base of the chair compensate for the height of the ball to ensure ergonomic correctness for me?
This will raise the ball about 6 or 7 inches.
how do I know what size ball is correct for me? I'm only 5'3
This ball would be great. It is not too large, or small. You would want to look for something more of a medium size.
This item is a 55-cm ball that is made for adults, so you should be fine.
Is a pump included? If not, what kind of pump is used to inflate the exercise ball?
The pump is not included but a standard bicycle pump will do.
what is the weight limit for this?
The weight limit for this product is 250lbs.
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When the seasons change, your beauty routine needs to change too. It is time to heal the drying effects of winter and treat your skin to a little love.
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text:
There's almost no restriction on what to use as a planter — as long as the dirt stays in and the water drains out, you're good to grow. The roots will get thirstier since they aren't in the earth, so give your above-ground garden regular soakings; slow-release fertilizer encourages blooming all summer long.
Hardy succulents, which stow water in their stems and leaves, thrive in a shallow birdbath perch. Pebbles — to hold more moisture in the soil — add to the desert-landscape look.
For a fast way to perk up a porch before a party, relocate pots of lush flowers. In a limited palette, like the pink and white blooms here, the collection feels cohesive, not chaotic.
Easy Country House Makeover for Your Bathroom

subset: commoncrawl


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Saturday, March 14, 2015
International Price Fixing Scheme
Secret backroom deals conducted in hotels and private apartments. Dedicated phone lines. Market-sharing agreements and price fixing activities. Million-dollar deals. Thinking oil, diamonds, shares or foreign exchange? Think again! Eleven of the top … yoghurt makers in France, including American-owned Yoplait, were recently fined approx. $200 million for the above activities, which affected about 90% of the French yoghurt market and thus "seriously disturbed" it.
Yoplait, the majority of which is owned by U.S.-based General Mills, Inc., actually revealed the cartel under a French law that allows companies to self-report their price fixing activities in exchanged for reduced punishment. So far, the company has received no fines.
Apparently, the French competition authorities are cracking down on deals such as the above. The French government has also recently started cleaning out, so to speak, the ranks among shampoo, toothpaste and various cleaning product manufacturers.
Price fixing does, of course, disturb the free market forces. When shopping in this country, it is remarkable how close prices for various everyday items are. However, that does not mean that prices have been set in any illegal way. Retailers such as gas stations, which are well-known at least in the Los Angeles area to have almost the same prices all the time, could just stick the head out the window to see how the competitors price their products. But if mere yoghurt is worth the above risk, one wonders what else may be going on behind the scenes in the global corporate world. Perhaps it's better not to know.
March 14, 2015 in Current Affairs, Food and Drink, In the News, Miscellaneous | Permalink | Comments (0) | TrackBack (0)
Tuesday, March 3, 2015
Want a Class with that Barrista Job?
Last year, Starbucks announced a new corporate-supported educational program that one year later is still viable: Starbucks will reimburse its full-time workers for taking online classes with Arizona State University. Partial tuition (58%) will be offered to freshmen and sophomores and full tuition for juniors and seniors as long as credits are earned within the past 18 months so as to keep students on track.
As you may have noticed if you are a Starbucks customer, very many of its employees appear to be college-aged. In fact, 70% of Starbucks' workforce are either in school already or have had to drop out because of various personal difficulties.
This program seems to be a benefit to employees who cannot afford to go to school full time (or even part time), but who desire and education. What is remarkable is also how few "strings" are attached to the program. For example, the employees do not even have to stay with Starbucks after the completion of their degree. Said CEO Howard Schultz (still the CEO): "We want to attract and retain great people. We want to provide [our employees] with new tools and new resources to have advancements in the company."
What is in it for ASU? This has been said to be a coup for the university, which already has one of the nation's largest and most highly regarded online programs. Of course, Starbucks has a large amount of employees with, presumably, many coming and going, so ASU now has access to a large database of potential students, something many universities – private and public - are craving in these competitive times.
For the students and the university, rates may be discounted. This is normal in this type of situation. What would truly make a difference would be if the rates could become so reduced for students that they would, in effect, have no out-of-pocket costs altogether.
What, to me, is interesting about this situation is that a public university has found out workable model for online classes and cooperation with a private business venture when many private universities have not.
The somewhat strange catch here is that ASU cannot enter into any other arrangement with a for-profit business for four years, but that Starbucks is free to advertise its partnerships with a few other schools.
See the contract at issue here.
See Starbucks' description of the program here.
March 3, 2015 in Commentary, Current Affairs, E-commerce, Food and Drink, Labor Contracts, Teaching, True Contracts | Permalink | Comments (0) | TrackBack (0)
Thursday, February 26, 2015
California Port and Freshwater Disputes – From Citrus Fruits to Water-Stealing Nudists
Two contracts issues have reappeared recently and both greatly affect the earning abilities of California citrus farmers, among others: the ability to ship products and the ability to grow them in the first place.
The shipping situation was - and still is - affected greatly by the recent employment contract dispute between shipping companies and dockworkers. Recently, the parties reached a tentative deal on a new five-year contract after months of discussions that ended with a roughly 3% wage increase each year, a hike in pensions and continued union jurisdiction over the maintenance of truck trailers. While the dispute was going on, many oranges destined for Chinese New Year celebrations overseas rotted away as activities in and around the ports of Los Angeles and Long Beach were impacted. The docks still aren't expected to return to normal until well into the season for Valencia oranges and past the season for navel oranges. Importers of cars, among other things, have also recently expressed their problems keeping up with the demand for imported cars (which is huge in California).
For citrus and other farmers, the shipping problem is exacerbated by the ongoing very severe drought that California is experiencing for the fourth year in a row and that so far has resulted in 41% of the state finding itself in the most severe category of water shortages.
While farmers up and down California's agricultural San Joaquin Valley vehemently protest
regulations limiting their access to freshwater, others are taking matters into their own hands: they simply steal water. From the apparently more and more typical situation of subcontractors using fire hydrants without permits to people driving away with water from fire hydrants in trucks, siphoning it off canals, or tinkering with the pipes of their neighbors or local water providers, farmers are not the only ones getting desperate for water.
Since we are talking California, there has to be a "weird" twist to the story: in the Silicon Valley, a water district has removed irrigation pipes that rangers say allowed … a nudist colony to make unauthorized water diversions from a waterfall.
There is even a phrase for thieves of this nature: "water bandits." This situation is only about to get worse as the drought is predicted at above 80% certainty to become the worst in 1,000 years. Some cities such as Los Angeles are offering tax initiatives for removing residential lawns. Nonetheless, Californians will still have to grapple with the contractual and other rights to access to water – saline or otherwise - for some time to come.
February 26, 2015 in Current Affairs, Food and Drink, In the News, Miscellaneous | Permalink | Comments (0) | TrackBack (0)
Monday, February 23, 2015
Contract Modifications – Differing Standards for Pop Stars?
2012 American Idol winner Phillip Phillips has lodged a "bombshell petition" with the California Labor Commissioner seeking to void contracts that Phillips now finds manipulative, oppressive, and "fatally conflicted."
Before winning season 11 of "American Idol," Phillips signed a series of contracts with show producer "19 Entertainment" governing such issues as his management, recording and merchandising activities. These contracts are allegedly very favorable to 19 Entertainment, for example allowing the company as much as a 40% share of any moneys made from endorsements, withholding information from Phillips about aspects of his contractual performance such as the name of his album before it was announced publicly, and requiring Phillips to (once) perform a live show once without compensation. 19 Entertainment has also lined up such gigs for Phillips as performing at a World Series Game, appearing on "Ellen," the "Today Show," and "The View."
It is apparently not unusual for those on successful TV reality shows to renegotiate deals at some point once their career gets underway. Phillips claims that he too frequently requested this, but that 19 Entertainment turned his requests down. Can he really expect them to agree to post-hoc contract modifications?
Very arguably not. Under the notion of a pre-existing legal duty, a party simply cannot expect that the other party to a contract should have to or, much less, should be willing to change the contractually expected exchange of performances. This seems to be especially so in relation to TV reality shows where the entire risk/benefit analysis to the producer is that the "stars" may or may not hit it big. For hopeful stars, the same considerations apply: their contracts may lead them to fame and fortune… or not. That's the whole idea behind these types of contracts. Of course, if industry practice is to change the contracts along the way and if both parties are willing to do so, they are free to do so. Otherwise, the standards for contractual modifications are probably the same for entertainment stars as for "regular" contractual parties.
Another issue in this case is whether an "agent" is a company or a physical person. Under the California Talent Agencies Act ("TAA"), only licensed "talent agents" can procure employment for clients. Phillips is attempting to apply the TAA to entertainment companies like 19 Entertainment. If Phillips is successful, the ramifications may be significant for the entertainment industry in which companies very often negotiate deals with performers without taking the TAA into account. In Citizens United v. Federal Election Commission, the United States Supreme Court famously gave personal rights to corporations, albeit only in the election context. Time will tell how California looks at the issue of corporate personhood and responsibilities in the entertainment context.
Adjudications under the controversial TAA are notoriously slow and could leave contractual parites in "limbo" for a very long time. Time and patience is not what Hollywood parties are known to have a lot of, so stay tuned for the outcome of this dispute.
February 23, 2015 in Celebrity Contracts, Current Affairs, In the News, Legislation, Television, True Contracts | Permalink | Comments (0) | TrackBack (0)
Wednesday, February 11, 2015
Construction Contracts that Kill
Property development is often considered a way for local communities to earn more taxes and evolve with times in general. But when construction and other development is approved in geologically risk areas such as flood zones and things go awfully wrong, is this a mere property and contracts issue, or may criminal liability lie?
In France, the answer is the latter. The former mayor of the small French seaside town La Faute-sur-Mer was just sentenced to jail for four years for deliberately hiding flood risks so that he and the town could benefit from the "cash cow" of property development, a French court has held. His deputy mayor received a two-year sentence in the same plot.
In 2010, the cyclone Xynthia hit western Europe and knocked down seawalls in the French town, leading to severe floods and 29 deaths.
Wait… a cyclone in France? Yes. Climate change is real and it's here. Unless we do something about it (which apparently we don't), things will only get worse. As on-the-ground steps that could prevent extreme results such as the above are often simply ignored or postponed while more and more research is done and money saved at various government scales, lawsuits will necessarily follow. The legal disciplines, including contracts law, will have to conform to the new realities of a rapidly changing climate. For starters, we need to seriously question the wisdom and continued desirability of constructing more and more homes in coastal and other flood prone areas. Ignoring known risks is, well, criminal.
February 11, 2015 in Commentary, Current Affairs, Government Contracting, Labor Contracts, Science | Permalink | Comments (0) | TrackBack (0)
Monday, February 9, 2015
Weekly News Roundup
According to Randall Roberts in the L.A. Times, a Los Angeles Superior Court jury ruled for the Sylvester Stewart (aka funk legend Sly Stone, at left) in his action against his ex-manager Gerald Goldstein, attorney Glenn Stone and Even St. Productions Ltd. It's the usual story. Sly Stone suffered from drug addiction and ran into hard times when defendants proposed a commercial association in 1989. Stone successfully alleged unjust enrichment and breach of contract, claiming that he never saw the money that the enterprise earned through his music. A jury awarded Stone $5 million. Even St. Productions filed for bankruptcy in 2013, and the other defendants say that they plan to appeal.
According to Fox Connecticut, a fraternity member who was suspended from Quinnipiac University in a hazing incident is suing the university and four of its officers for breach of contract. He alleges that his tuition payment entailed a contractual commitment and that the university did not live up to its end of the bargain because he was not fairly treated. He has other claims against the university sounding in Connecticut's Unfair Trade Practices Statute and in the implied duty of good faith and fair dealing.
And . . . at long last, the Steven Salaita saga has made its way into a complaint. We blogged about this story before here and here and here. His 39-page complaint alleges statutory violations under 42 USC §§ 1983 and 1985, as well as promissory estoppel, breach of contract, tortious interference, and spoilation of evidence.
February 9, 2015 in Celebrity Contracts, Current Affairs, In the News | Permalink | Comments (0) | TrackBack (0)
Friday, January 23, 2015
Merchantability Applied to Legal Scholarship
We know that merchantability means passing without objection in the trade. If law review articles were goods, what would that trade be? For law professors, it seems like it is second and third year law students. At some level it would also reviewers of works when a professor is considered for promotion. Recently, though, a colleague of mine and I did a bit of research and began to wonder if acceptable in the trade -- as defined by law students and law professors -- is a meaningful strandard within the trade of academia.
Law professors who do research are generally spending the money of others. The actual buyers are, therefore, those who pay for the scholarship. Let's add that they have no idea what the standard is but would uniformly agree that every article should make someone or something better off and should reflect high quality research. Students and reviewers should be regarded as agents for those paying the bills.
If that is the measure of merchantability (and why wouldn't it be) then editors and reviewers should apply that standard in their own decisions. Clearly they do not and left to their narrow and inappropriate standard for merchantability we have massive amounts of scholarship that, let's face it, is written to justify being granted tenure. There is little verification that most, no matter how carefully done or clever, actually benefits anyone. Some of it -- a small percentage -- is cited but rarely for the substantive points made as opposed to piggy-backing on a fact asserted in the first work. Morever the research is often sloppy. Here is an example. I recently read an article that makes the claim that a certain area of law is now consistent with empirical studies. I looked at the cite and it was to another professor who had not actualy done any empirical work and did not quite say what was claimed. And the work cited by that professor was not on the point made in the first article. In fact the most frequent cite is the hearsay cite in which the author makes a claim because someone else made the same claim.
I expect readers of this will disagree but shouldn't the test of merchatability mean making someone or something (even if a fish) better off and shouldn't documentation be careful and accurate? Don't misunderstand, much of scholarship meets these standards. But much of what currently passes in the trade without objection does not.
January 23, 2015 in Commentary, Current Affairs, Law Schools, Miscellaneous, Recent Scholarship, Teaching | Permalink | Comments (0) | TrackBack (0)
Thursday, January 15, 2015
In Dog We Trust
Speaking of auctions (see Jeremy's blog below), how about a rug reading "In Dog We Trust" instead of the official motto of both the United States and Florida?
A sheriff's office in Florida has removed a mat featuring the miswoven lettering. There have reportedly been several offers to buy the misprinted rug after the error was discovered two months after having been placed at the entrance to the sheriff's office.
Spelling in this country is truly going to the dogs.
January 15, 2015 in Commentary, Current Affairs, In the News | Permalink | TrackBack (0)
Thursday, January 8, 2015
A Bad Taste in One's Mouth
On January 7th, a federal judge struck down a ban on foie gras that had been in effect since 2012. The judge was of the opinion that the federal Poultry Products Inspection Act preempts the California ban. This Act gives the U.S. Department of Agriculture the sole jurisdiction over the "ingredients requirements" of poultry products.
The judge seems to have forgotten about the federal Animal Welfare Act's requirements for the humane treatment of farm animals as well as states' ability to ban the sale of the products of animal cruelty. The California Attorney General's office is reviewing the decision for a possible appeal of the law, which was upheld in previous litigation.
Foie gras is, without a doubt, cruel to animals. To produce the alleged delicacy, geese and ducks are "force-fed a corn mash through a metal tube several times a day so that they gain weight and their livers become 10 times their natural size. Force-feeding sometime injures the esophagus of the bird, which may lead to death. Additionally, the fattened ducks and geese may have difficulty walking, vomit undigested food, and/or suffer in extreme confinement." Do we as consumers still have a right to buy such a product even if it tastes very good? No, according to at least California state law.
How anyone could make themselves eat this product is beyond my comprehension. I confess that I am an animal lover and environmentalist. I do personally believe in those core values. However, I am quite far from an extremist and respect, to a very, very far extent, the opinions of the vast majority of other people. Heck, I am not even a vegetarian (I try to at least buy free-range products). But under notions of both positive law – state and/or federal – and natural law, this is where the buck must stop. There must be limits to what we can do in the name of obtaining a gourmet experience, especially when it comes at such a high price of extreme suffering by our living, sentient creatures. And if consumers cannot draw such lines themselves, courts and legislatures must. In the words of Mahatma Gandhi, "the greatness of a nation and its moral progress can be judged by the way its animals are treated." More than a dozen countries around the world have outlawed the production of foie gras. In this respect, the United States is not great. This case leaves a bad taste in my mouth and, I hope, in yours as well.
January 8, 2015 in Commentary, Current Affairs, Famous Cases, Food and Drink, In the News, Recent Cases | Permalink | Comments (1) | TrackBack (0)
Tuesday, January 6, 2015
Payback for Payday Lenders
The U.S. Office of the Comptroller of the Currency and Federal Deposit Insurance Corp. plans to create hurdles for lenders of payday and direct deposit advance loans. Both types of loans are short-term loans intended to help consumers through a rough patch. Payday loans are available at various storefront locations whereas direct deposit advance loans are for banks' existing customers.
The problem with these types of loans is that they often trap people into cycles of mounting debt with annual interest rates of more than 500% and the need by some to take out an average of 10 loans a year amounting to a total of more than $3,000.
This is a crackdown on organizations that may be seen to pry on the already weak. But is it also a setback for financially underprivileged consumers? After all, if you need money now, you need money now. I think the new proposed regulations are a step in the right direction as consumer protection, but at the same time, more is needed. That "more" is a decent living wage so that so many people do not have to live not only paycheck to paycheck, but in fact pre-paycheck to pre-paycheck.
In his 2015 State of the Union address, President Obama is expected to highlight the nation's economic growth and falling unemployment rate. However, as I have written here before, most people in the U.S. still do not see or feel the economic recovery. Perception is reality. Let's hope that the economy soon improves so much that most people feel it.
Hat tip to Professor Miriam Cherry for alerting me to this story.
January 6, 2015 in Commentary, Current Affairs, Legislation | Permalink | Comments (3) | TrackBack (0)
Friday, January 2, 2015
Airlines and Calling the Kettle Black
A few days ago, I blogged on the recent lawsuit by United Airlines and Orbitz against the developer of Skiplagged. One of the causes of action alleged is breach of contract for encouraging the purchase of a ticket to certain destinations only to get off at an interim point to save money.
The airlines themselves may be breaching their contracts with flyers. For example, when we buy tickets to be flown from point A to point B, that arguably implies being done so without undue delays and, in particular, possibly having to spend the night at your own cost and without your personal belongings in random cities around the world if connections are missed because of flight delays (unless, of course, you choose to spend the night sitting upright in the airport). Needless to say, if you seek to change your ticket, airlines will either charge extreme high fees and the "difference in price" for doing so or outright prohibit this practice. I've had to change tickets many times in the past, and it has typically only taken an agent about five minutes to do so. Unconscionabiliy, anyone?
Here's what happened to me one cold winter night a few years back: On my way to Denmark from St. Croix, the airline was late taking off and got even more delayed when it "had to" make an unplanned "quick landing" for gas, which was cheaper at the interim airport than at the end destination, and… ice cubes for people's drinks! I wish I was kidding, but I'm not. I missed the once-daily connection out of Atlanta to Copenhagen and had to spend the night in Atlanta in December. As I was living in tropical St. Croix at the time, I had some warm clothes with me on board the airplane to stay warm there, but had packed my winter gear in my suitcase. The airline paid for my hotel, but would, in spite of my desperate pleas, not let me have my suitcase back for the night. Result: I had to travel to and from the hotel, etc., in indoor clothes on what turned out to be an unseasonably cold winter day in Atlanta (yes, I should have brought a warmer jacket on board the plane, but planes to and from the Caribbean are often very small and I always try not to bring too much carry-on items).
Before 1978, U.S. airlines were required under "Rule 240" to offer seats on a competitor's next flight if that would be the fastest way of getting the traveler to his or her destination. Airlines created after deregulation were never required to follow that rule, but older airlines such as Delta, United and Continental apparently still adhere to the rule. Funny that they never seem to mention that when they delay you significantly. Next time you fly, it may pay to scrutinize your contract of carriage more carefully to ascertain your rights in case of a delay.
It may be time for Congress to reintroduce a Rule 240-type requirement on airlines, especially as these have become extremely good at flying full – even at overcapacity - and thus often do not have extra space for passengers that have missed their flights. Good customer service often seems to have given way to airlines' "me first" attitude in the name of hearing the highest profits possible by nickel-and-diming most aspects of airline travel on, at least, economy class.
Feeling empathetic towards the airlines? Don't. Full or nearly full flights in conjunction with declining gas prices have enabled U.S.-based airlines to earn the highest profit margins in decades. One trade group estimates that airline made 6% profit margins in 2014, higher than the highest rates in the 1990s. Of course, the task of businesses is to make as much money as they can. But at least they should live up to their own contracts of carriage and other contracts principles just as they claim passengers and website developers should.
Here's a hat tip to Professor Miriam Cherry and other contracts professors on a well-known industry list serve for news about this story. All opinion and thoughts above are my own.
January 2, 2015 in Commentary, Contract Profs, Contracts Profs Weekly Spotlight, Current Affairs, Famous Cases, In the News, Recent Cases, Travel | Permalink | Comments (0) | TrackBack (0)
Wednesday, December 31, 2014
Flying the Less Friendly Skies
Last month, United Airlines and Orbitz filed a by-now famous lawsuit against the 22-year-old computer specialist who created the website Skiplagged.com. This website helps consumers find the cheapest round-trip airfare possible by buying tickets to a destination to which the traveler does not actually intend to travel, but instead getting off at a layover point which is the truly intended destination and discarding the last portion of the ticket. Roundtrip tickets to certain popular destinations are often much cheaper than to other destinations sought by fewer passengers even though the more popular destinations are further away from one's point of origin.
To not cause the airline and other passengers undue trouble and delays, this practice, of course, requires not checking in luggage which, it seems, fewer and fewer travelers do anyway (next time you fly, notice the rush to get on board first with suitcases often much bigger than officially allowed and airline personnel deliberately ignoring this for reasons of "competition").
The cause of action for this lawsuit? "Unfair competition," and breach of contract because of "strictly prohibited travel," and tortuous interference with contract.
Unfair competition? I admit that I have not yet read the rather long complaint, but I look forward to doing so very soon. At first blush, however, how can "unfair" can it really be to assist consumers in finding airfare that they want at the best prices available? United Airlines recognizes that there is a discrepancy between its prices to very popular destinations and others on the way, but claims [cite] that if many people "take advantage" of that price differential, it could "hurt the airlines." Come again? Does it really matter that a customer – with no checked-in luggage – pays whatever price the airline itself has set but simply decides not to use up the entire item purchased? Doesn't that simply let the airline save gas and potentially give the empty seat to potential stand-by customers? Does it matter to a newspaper that I choose to not read the sports pages? Must I eat the heal of my bread even though I don't like it? What if I really don't like my bread and would rather eat a donut instead, as I thought might be the case?
The issue of breach of contract is arguably a closer one. If airlines "strictly prohibit" the practice of only using part of a ticket, it may be promissory fraud to buy a ticket if one intends at the time of purchase to only use part of it. This could also relate to the purchase of a round-trip ticket only to use it one-way as that too is often cheaper than a one-way ticket, as Justice Scalia found out himself recently.
The Skiplagged.com creator argues that he is only taking advantage of "inefficiencies" in airline travel that travelers have known about for a long time. To me, it seems that airline contracting should work both ways as other types of contracting: airlines take advantage of their bargaining positions as well as their sophisticated knowledge of current and future air travel supply and demand structures. They should do so! I applaud them for that. Jet travel has certainly made my personal and professional life much better than without relatively cheap air travel. But every first year contracts law student also knows (or should know!) that contracting is not and should not be a one-way street. Consumers too are getting more and more sophisticated when it comes to airline travel and other types of online contracting. Websites enable us to inform ourselves about what we wish to spend our money on. As long as consumers do not break the laws or violate established contracting principles, that does not strike me as "unfair competition," that is simply informed consumerism in a modern capitalist society from which airlines and others have already benefited greatly.
Airlines, wake up: how about working with your customers instead of trying to fight them and modern purchasing trends? How's this for a thought: start offering one-way tickets for about half of a round-trip ticket just like other transportation vendors (trains, buses, subways) do. Don't you think that could set you apart from your competition and thus even earn you more customers? If you can fly for a certain amount of money to a certain city, let people pay that only and then simply sell a second ticket for the remaining leg to the more popular end destination where the same plane is headed anyway. Let people off the bus if they want to! Let some one else on instead. It doesn't seem that hard to figure out how to work with current purchasing trends and your customers instead of resisting the inevitable.
For another grotesquely inappropriate lawsuit by United Airlines against its own customer, see Jeremy's blog here.
I will blog more on this issue over the days to come. For now, I'm glad I don't have to head to an airport. Happy New Year!
December 31, 2014 in Commentary, Contract Profs, Current Affairs, E-commerce, Famous Cases, Travel, True Contracts, Web/Tech | Permalink | Comments (0) | TrackBack (0)
Monday, December 29, 2014
No-tipping policies and increased minimum salaries
CNN reports that more and more restaurants are implementing no-tipping policies as, perhaps, a way of differentiating themselves from competitors. For example, one restaurant builds both tax and gratuity into menu prices, allegedly resulting in its servers averaging about $16.50 an hour. I have argued here before that it seems fair to me that the burden of compensating one's employees should fall on the employer and not on, as here, restaurant patrons feverishly having to do math calculations at the end of a meal.
The law does not yet support employment contracts ensuring fair compensation of restaurant and hotel employees. For example, federal law requires employers to pay tipped workers only $2.13 an hour as long as the workers earn at least the federal minimum wage of $7.25 an hour. Talk about burden shifting…
But change seems to be on the way with private initiatives such as the restaurant no-tipping policy. In Los Angeles, the City Council has approved an ordinance that raises the minimum wage for workers in hotels of more than 300 rooms to $15.37 an hour. Of course, this will mainly affect large hotel chains, which predictably resisted the ordinance citing to issues such as the need to stay competitive price-wise and threatened circumventing the effect of the new law by laying off or not hiring workers to save money. Funny since many of these hotels have been making vast amounts of money for a long time on, arguably, overpriced hotel rooms attracting a clientele that does not seem overly concerned about paying extra for things that are free in most lower-priced hotels (think wifi) and thus probably could somehow internalize the cost of fairly compensating its blue-collar workers.
Much has been said about the "1%" problem and a fair living wage. No reason to repeat that here. However, it is thought-provoking that whereas the U.S. recession officially ended in June 2009 – five years ago - 57% of the U.S. population still believed that the nation was in a recession in March 2014.
Contracting and the economy is, of course, to a large extent a matter of seeking the best bargain one can obtain for oneself. But even in industrialized nations such as ours, there is something to be said for also ensuring that not only the strongest, most sophisticated and wealthiest reap the benefits of the improved economy. So here's to hoping that more initiatives such as the ones mentioned above are taken in 2015. At the end of 2014, it's still "the economy, s$%^*&."
December 29, 2014 in Commentary, Current Affairs, Labor Contracts, Legislation | Permalink | TrackBack (0)
Tuesday, December 23, 2014
The Hobbit and the Meaning of a Bargain
I recently saw the last Hobbit movie, The Battle of the Five Armies. I found it highly entertaining and was delighted to find a discussion about contracts between Bard, the leader of Laketown, and the King of the Dwarves, Thorin Oakenshield, during a pivotal moment in the movie. The two engage in a back-and-forth about the meaning of a bargain, contract defenses (coercion and duress), and the importance of keeping promises. In short, all the issues that come up regularly on this blog. This isn't the first time that contracts have come up in a Hobbit movie. The morality of promise-keeping is an important theme in the movie as it has been in the others.
Speaking of the Hobbit, the Weinstein brothers have lost their fight against Warner Bros. over the profits to the last two Hobbit movies. As discussed previously on this blog, the issue involved the meaning of "first motion picture" of each book but not "remakes." The Hobbit book was split into three movies and the Weinsteins argued that they should get a percentage from each movie; Warner Bros. claimed that they should only get royalties from the first Hobbit movie. Unfortunately for contracts enthusiasts, the matter was sent to arbitration against the wishes of the Weinstein Bros. who wanted it to play out in court so we may never find out the basis for the arbitrator's ruling.
December 23, 2014 in Current Affairs, Film, Film Clips, Miscellaneous | Permalink | Comments (1) | TrackBack (0)
Monday, December 22, 2014
Gift or Curse?
After years of conducting research on the genes of various animals, George Doe (a pseudonym), an accomplished biologist with a PhD in cellular and molecular biology, decides to have his own genes examined for fun and to discover whether he may be genetically predisposed to cancer. He buys a test kit online from one the many companies that provide such services these days. He is so excited about the process that he also buys a kit for his mother and father as gifts. They all have their genes tested. George finds out that he is not predisposed to cancer. But that's not it. He also finds out that another male who has had his own genes tested and is thus registered with the same company is "50% related" to George. This can only mean one of three things: this other male is George's grandfather, uncle or … half brother. After intense and testy family discussions, George's father apparently admits that he had fathered this other male before marrying George's mother. George's parents are now divorced and the entire family torn apart with no one talking to each other.
A very sad affair. Of course, nothing appears to be contractually wrong with this case: at the bottom of one's profile with www.23andme.com, the company that provided the tests in this case, George and his family had checked a small box indicating for them to do so "if you want to see close family members in this search program." The company is said to have close to one million people in its database. With modern science, close family members can easily be identified out of such data if opting into being notified.
Here, the company does not appear to have done anything wrong legally. Quite the opposite: if anything, the above shows that the buyers in these situations may not be sufficiently mentally prepared for the information they may discover through DNA testing. Arguably, they should be. After all, the old adage "watch out what you ask for, you may get it" still rings true.
But isn't this situation akin to the various other situations we have blogged a lot about here this past year where customers buy various items online and click – or not – on various buttons, thus signaling at least alleged acceptance of, for example, terms of service requiring arbitration instead of lawsuits in case of disputes? As I have argued, many people probably just clicks such buttons without fully realizing what the legal or, in cases such as the above, factual results may be. Should online vendors be required either legally to make such check boxes or other online indicia of acceptance a lot more obvious? Or should they at least be required to do so for reasons of business ethics?
I think so. Most working people are exceptionally busy these days. Frankly, not many of us take the time to scrutinize the various implications - legal or otherwise – of the purchases we make online, especially because the agreements we accept in cyberspace are presented so very differently online, yet are so deceptively similar in legal nature that we probably feel pretty comfortable with simply clicking "I accept" as the vast majority of such transactions present no or only minor problems for us? And aren't the vendors the party with the very best knowledge of some, if not most, of the problems that arise in these contexts? How hard would it really be for them to make sure that they use all the "bells and whistles" to truly put people on notice of what typical problems encountered may be, exactly to avoid legal problems down the road? One would think so, although, of course, customers also carry some of the burden of educating ourselves about what we buy and what that may mean. This is perhaps especially so when such delicate issues as the above are involved.
For George Doe, the above unfortunately turned out to be much more of a curse that kept on giving instead of a gift that kept on giving.
On behalf of your blogging team here at ContractsProfs Blog: Happy Holidays!
December 22, 2014 in Commentary, Current Affairs, E-commerce, Miscellaneous, Science, Web/Tech | Permalink | TrackBack (0)
Saturday, December 13, 2014
Out with the Old… the Really Old
In the UK, two sections of the Statute of Marlborough are facing repeal after being in force for 747 years. That's right: the Statute was passed in 1267 and is thus older than the Magna Carta, which – although having been drafted in 1215 – was not copied into the statute rolls to officially become law until 1297. Two sections, however, still remain good law.
Why the suggested repeal? The two potentially obsolete sections address the ancient British power of "distress," which allowed landlords to enter a debtor's property and seize his/her goods. However, distress was abolished by new legislation this past March.
But don't worry, our British colleagues are not about to do anything rash or unpopular. Although the Law Commission has proposed the repeal, a public consultation has been initiated to make sure that no one actually uses the two sections anymore.
Other newer, but nonetheless obsolete, laws are also being earmarked for removal. One is from the 1990s and was drafted to regulate the "increasing popularity of acid house parties." Apparently, acid house parties are not in anymore and thus, the law is no longer needed.
In spite of the above, two sections of the Statute of Marlborough still remain in effect. One forbids individuals from seeking revenge for debt non-payment without being sanctioned to do so by the court (you gotta love the fact that in the UK, one can apparently get courts to approve one seeking revenge against one's debtors). Another prevents tenants from ruining or selling off the landlord's land. Fair enough…
December 13, 2014 in Current Affairs, In the News, Legislation | Permalink | Comments (0) | TrackBack (0)
Wednesday, December 10, 2014
Carving Out and ICAM
I read an interesting article the other day about parties to a contract agreeing to a broad arbitration provision and then carving out some issues that would be litigated should a problem arise. As with many others, I am involved in the International Commerical Arbitration Moot and, when I read the article, the issue seemed familiar. That is because this year's problem includes a contract with the following two provisions:
"Art. 20 All disputes arising out of or in connection with the present contract shall be finally settled
under the Rules of Arbitration of the International Chamber of Commerce by three arbitrators
appointed in accordance with the said Rules. The seat of arbitration shall be Vindobona,
Danubia, and the language of the arbitration will be English. The contract, including this clause,
shall be governed by the law of Danubia.
Art 21: Provisional measures
The courts at the place of business of the party against which provisional measures are sought
shall have exclusive jurisdiction to grant such measures."
As you would expect, one of the parties in the problem asks for interim relief from the ICC while the other says interim measures are for courts only. Very often, if not most of the time, the Moot problem is inspired by an actually case. Some years the students are able to find the case and, while it is never quite exactly on point, it can be helpful.
I could not help but wonder if this issue within this year's problem was inspired by a botched effort to carve interim relief out from the general provision. It would be pretty sloppy to draft something like the above but my hunch is that it has happened.
I am curious to know how other ICAM team coaches have dealt with the issue. In particular, does the word "finally" in Article 20 have any particular signficance?
December 10, 2014 in Commentary, Conferences, Contract Profs, Current Affairs, Miscellaneous, Recent Cases | Permalink | Comments (0) | TrackBack (0)
Tuesday, December 9, 2014
California Goes after Shared Ride Companies
Jeremy Telman and I both recently blogged on the intense criticism of and focus on "shared economy" companies such as Uber, Lyft and airbnb.
In what seemed an inevitable turn of events, the Los Angeles and San Francisco district attorneys filed a consumer protection lawsuit on 12/9/2010 against Uber for making false and misleading statements about Uber's background checks of its drivers. George Gascon, the district attorney for San Francisco, calls these checks "completely worthless" because Uber does not fingerprint its drivers. Uber successfully fought state legislation that would have subjected the company's drivers to the same rules as those required of taxi drivers. Allegedly, Uber has also defrauded its customers for charging its passengers an "airport fee toll" even though no tolls were paid for rides to and from SFO, and charging a "$1 safe ride fee" for Uber's background check process. California laws up to $2,500 per violation. There are "tens of thousands" of alleged violations by Uber. However, even that will likely put only a small dent in Uber's economy as it is now valued at $40 billion (yes, with a "b").
Lyft has settled in relation to similar charges and has agreed to submit information to the state to verify the accuracy of its fares (although not its background checks). It has also agreed to stop picking up passengers at airports until it has obtained necessary permits. Prosecutors are continuing talks with Sidecar.
Time will tell what prosecutors around the nation decide to do against these and similar start-ups such as airbnb and vrbo.com, which are also said to bend or outright ignore existing rules.
The Los Angeles Times comments that the so-called "sharing economy" companies face growing pains that "start-ups in the past didn't – dealing with municipalities around the world, each with their own local, regional and countrywide laws." It is hard to feel too sorry for the start-ups on this account. First, all companies obviously have to observe the law, whether a start-up or not. Today's regulations may or may not be more complex than what start-ups have had to deal with before. However, these companies should not be unfamiliar with complex modern-day challenges as that is precisely what they benefit from themselves, albeit in a more technological way. Finally, there is something these companies can do about the legal complexity they face: hire savvy attorneys! There are enough of them out there who can help out. But perhaps these companies don't care to "share" their profits all that much? One has to wonder. Sometimes, it seems that technological innovation and building up companies as fast as possible takes priority over observing the law.
December 9, 2014 in Commentary, Current Affairs, E-commerce, Famous Cases, In the News, True Contracts, Web/Tech | Permalink | Comments (0) | TrackBack (0)
Morten Storm and the Totten Case
As indicated in this story,* CNN.com is greatly invested in the story of Morten Storm, who claims that he is a Danish double-agent who infiltrated Al Qaeda in the Arabian Penninsula (AQAP) and thus helped the U.S. target and kill AQAP operative and U.S. citizen Anwar al-Awlaki.
Storm (and his CNN co-authors) have quite a story to tell. Among other things, he claims that the United States promised him $5 million for helping the U.S. in its al-Awlaki operation. Although Storm is clearly an international man of mystery, there is little mystery on the question of whether he would have any luck on a claim against the U.S. for breach of a promise to pay $5 million. The U.S. would undoubtdedly point to the Totten case, as updated in Tenet v. Doe, and courts will find the claim non-justiciable.
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Hat tip to my student, Brandon Carter.
December 9, 2014 in Commentary, Current Affairs, Government Contracting, In the News | Permalink | Comments (0) | TrackBack (0)
Monday, December 8, 2014
New York Times Casts a Gimlet Eye on the New Sharing Economy & Insurance
Following up on Myanna Dellinger's post from last week, we noticed this story about Airbnb and Uber. Both companies are leaders of the so-called new sharing economy, but what they really love to share (unequally) is risk. The article explains how insurance works for both companies, and the clear message is: it isn't clear that it will, at least not for the Uber drivers or people who use Airbnb to rent out their homes or apartments for days or weeks at a time. Actually, the article has very little to say about Uber, which doesn't really share risk at all -- it tells its drivers to self-insure, and then the drivers run into trouble (if they run into things) because their insurance does not cover commercial activities.
According to the Times article, regular homeowners' insureance will not cover Airbnb renters because most standard homeowners' insurance policies do not cover harms caused by commercial activities. Airbnb thus has taken out a secondary insurance policy that will cover up to $1 million in liability for the renters who use its site, and Airbnb is offering this policy to its users for free. For reasons that are not really clear in the article, its author Ron Lieber suggests that Airbnb might not really provide insurance to its renters. He points to Airbnb's checkered history of encouraging renters to ignore local ordinances and not being there for its renters who then ran afoul of the law. He suggests that Airbnb's secondary insruance scheme might not cover the sorts of liabilities that renters might face, and it is clear that some primary homeowners' policies would also exclude liabilities arising out of commercial activiities.
And, as long as we are piling on Uber, Saturday's New York Times also featured an opinion piece by Joe Nocera. According to Nocera, it is impossible to reach Uber by phone because, according to Nocera, Uber says having a phone center or customer service line is not in Uber's business model. If you try to call the listing for Uber in New York City, you get another company, über, a New York design firm. The owner of über claims that she fields between 1 and 10 calls a day from Uber customers seeking assistance. She has even had to go to court to explain to the judge that the plaintiff sued the wrong Uber, or the wrong über.
December 8, 2014 in Current Affairs, E-commerce, In the News | Permalink | Comments (0) | TrackBack (0)


text:
SCGA Hero
Tell us about your SCGA Hero!
The SCGA Hero program highlights SCGA members who are making a difference off the golf course. To tell us about your hero, email firstname.lastname@example.com.
Bettering His Community
Citizenship in the community. Citizenship in the world. Emergency preparedness. Those are just a few of the badges required by the Boy Scouts of America to become an Eagle Scout. A total of 21 badges are necessary to reach this high achievement, but Blake Takaaki Higa earned 48 merit badges over a seven-year period to earn what only six percent of Boy Scouts accomplish.
Blake, 18, is an SCGA Youth on Course member who lives in San Gabriel. As part of his quest for Eagle Scout, he completed a service project at Lashbrook Park in El Monte, developing a plan to revitalize the park and enhance its safety. He organized a group of kids and adults to build picnic tables, plant trees, work on landscaping and remove trash and debris.
"The goal was to make the park into a safe place that could be better enjoyed by the surrounding community," said Blake.
One of Blake's greatest passions is golf, which he has been playing since he was 10 years old. He participates on his high school team, and manages to get out to the course at least four times a week to work on his game, most often at Alhambra GC, where he is able to take advantage of $1-$2 green and range fess with his Youth on Course Golf Pass.
"The golf badge was actually the first one I ever received with the Boy Scouts," said Blake. "I had an uncle who took me to the range and I loved the game right away."
While the golf badge may have come naturally to Blake, other didn't.
"The one I'm most proud of is probably my sailing badge," he said. "It's special to me because it was a challenge. I've never been a strong swimmer, and this was small boat sailing, so I had to overcome that."
Trustworthiness and respect - both traits preached by the Boy Scouts - tie in well to the person Blake wants to be on the golf course.
"My experience with the Boy Scouts has helped me be a good citizen and leader, two things I want to display as a golf," said Blake. "It has given me the opportunity to give back through service projects and benefit my community any way I can. I'm extremely thankful for that."


text:
Merry Christmas Twi! by KannacchiWatch
©2013-2016 Kannacchi
Aah~ I'm really glad you like it! X3 I was a little worried because her neck looks kinda off XD
I'm glad ;w;
How have you been recently anyway? =]
I've been doing pretty good~ ^w^
Just working, helping out at home and church currently. My job's only part time, but between that, church, and home, I'm kept busy lol.
Whenever I do find time for myself I'll try and draw something. XD
How about you and Joe? How are you both doing owo?
We've been doing pretty good! I've just finished working at a temp job over Christmas at the company Joe works for, and I'm pretty close to getting a permanent job there. Joe moved up to full time about half a year ago so he doesn't have much free time to draw any more (which is why he hasn't been on devinatart in ages) and he might be getting another promotion soon! His assistant manager is moving to another store, so his manager is giving him the assistant manager job there (that was not very well explained XD). Other than that, I've been playing Final Fantasy 14 a lot, it's pretty addictive. And just trying to draw a little every day.
Oh Yay that's so good to hear, and you explained it just fine ;w;! Congrazzles for both of you!
Vic actually got me FF14 as an early birthday present. I played the 30 day trial of it and I liked it but after awhile I got frustrated and gave up. I'm a horrible online player XDD
It was fun and all but maybe I'll get back into it another time~
It didn't help that I bought myself Fire Emblem Awakening as a birthday present.
Thank you I spent most of last year in a really bad place so I didn't want to talk to anyone much, but after being able to go out and do something productive every day and actually be able to help support the two of us I've been feeling so much better. Like I haven't felt this happy and lively in quite a while XD So I'm really hoping I get the job soon~
Oh, that's cool! I'm playing a healer, and going into dungeons is the most nerve-wracking thing XD I don't go in them if I can help it because I get so nervous and queasy >w< Although I actually went into a dungeon with 2 other friends of mine last night (the very first dungeon you go in because one of them was new) and it was a much nicer experience, not nerve-wracking at all. I hadn't been on it in months, but then my friend bought me a subscription for my birthday at the beginning of the month and I've gotten really into it again XD What server were you on? And what class/race are you playing? =] I'm on Cerberus playing a white mage/scholar miq'ote.
Oh! I got fire emblem a while ago from this free code promotion Nintendo were doing ages ago. I haven't started it yet though Is it any good?


text: How to Get the Perfect Woman By Mark Zolo on September 13, 2011 in Beautiful Women, France This is End Game shit. So you've been around the world. You've had your fun: been with dozens, maybe even hundreds of women, different colours, creeds and backgrounds. Maybe you've decided its time to pick a mate… I wouldn't like … Continue Reading 24


text:
I think Spire is in the right direction because it's a targeted approach to a specific market. When I went to the site, I was very disappointed because the image and branding of the site didn't reflect the market it is targeting. Hope they improve the design as well as the functionality.
can anyone get me an invite to a small world. looks interesting. i will give you an e-mail address if you can
I think Spire is off to a good start and will continue to improve - there is real power in collecting the advice of like-minded consumers. I would rather have 10 discerning reviews about a hotel in Paris than the 150 I will find on tripadvisor.
Is there such a thing as ASW invites? I've never tried this before... email@example.com in case anyone's got one to spare. My profession lies in emerging economics.
i would love one. firstname.lastname@example.com . live in the turks and caicos islands and in real estate
Intersting idea. Many wealthy people do like to hanging out among other wealth people, but I am not sure they are going to do it online much. The internet is the bastion for cheap/good deals... are wealthy people really going to go the web for research? Maybe... I don't really know, but in a couple of years we will know.
I like the more specific sphere. I received an invite to an online social network that I never heard of from an acquaintance. I went through the sign in process and within minutes I was receiving unwanted emails and pop ups. I will be extremely selective from this point forward when signing on to any social networks. This concept is very appealing.
One needs to protect oneself from opportunists and therefore it is necessary to be selective with choice and exposure. I believe it is wise to contemplate what is this individual bringing to the table. Head first, heart second!
It's interesting how the author happened to mention sugardaddie.com... do i sence bribe? lol, kidding, yes, I'm from a competing social networking site for the rich, http://www.SeekingArrangement.com --- the meeting place for mutually beneficial relationsips
I find it highly amusing that "Suzanne's Files" claims it had a highly targeted audience. Their email marketing campaign was actually more like SPAM. Their editorial coverage was highly biased which is the risk one runs by having random contributors. Spire actually seems to have a lot less cachet than even Suzanne's Files and seems to have the look & feel of a Ladies Home Journal. I completely agree with WSW's comment when in comes to Spire- protect oneself from opportunists. If you want to see a real guide produced by real experts try the Mr. & Mrs. Smith series - http://www.mrandmrssmith.com/.Spire seems to be run by folks who are legends in their own mind. If you click on to Spire it does not even let you switch to another site by using the browser. IT ACTUALLY LOCKS YOU IN TO FORCE YOU TO VIEW THEIR SITE ONLY. This is certainly not upmarket behavior in any way and this sleazy SPAM-like tactic tells me enough about this organization and site. Very desperate and sad!!
Has anyone heard of Harvey's Network yet?
Apparently they have just recently launched a network for the elite.
You can check them out if you want.
I am a very frequent user of Spire. The above comments from London Laddie strike me as bizarre. I can get to any other site from Spire or while I am on Spire. There is no question that from the onset, Spire has had a targeted affluent audience. That is exactly why it is growing. The site has proven itself to be unbiased; therefore, quite reliable. Members, not random contributors, within a certain demographic provide unfiltered, trustworthy advice and recommendations. The added quality to the Spire experience is the ability to ask "niche" questions. In addition, I like that it is not a single-focus site. There are great general topics where the information seems to flow well. The "People in the Know" feature is extremely interesting – Ladies Home Journal – obviously, London Laddie has never read any of the posts. I think there was a very foggy day in London town when this comment was written….sleazy spam….go get some tea.
I couldn't agree more with you Kathryn. I live part time n London and know the Mr. and Mrs. Smith brand well. They are a generic, pay for play business that is not targeted and trustworthy, nor personal the way Suzanne's Files on Spire are. I used Suzane's Files nearly two years before joining Spire recently, as have my friends. Always spot on for advice and finding unique stuff. I asked two questions to other members so far on Spire. Within 24 hours I had sound, honest answers to both from people I could relate to who are mature and sophisticated. Seems London Laddie is bitter he is not so...? BTW: No website can "lock you in" Laddie - time for a new computer.
http://www.acoolworld.com + http://www.acoolworld.cc
are the stealth wealth networks.
very cool power people
I've known Suzanne for a while and can endorse her editorial approach, she's also spot on about too much online clutter. The trick will be keeping Spire relatively filtered and quite concise. Our website of upmarket city guide (www.Hg2.com) takes very much the same approach - filtering out the noise to focus on the best a city has to offer.
The best elite social network I have seen out there is Affluence.org mostly because they verify a person's wealth and people with less than a $3 million net worth are bumped.
BTW - the url is http://www.affluence.org
Oh please, the truly wealthy don't spend time social networking online. I've been a part of a few of these. There's barely time to log in and "socialize". ASmallWorld is losing it, and AcoolWorld on the highest level is not much there. It's all the hype. There are many better ways to socially network with like-minded connections.
I've tried Affluence.org and have never found a better networking website to get business done on. LinkedIn has nothing on this place! I particularly like that every member is pre-screened to have a minimum net worth. Thank you for the recommendation David.
I am currently being spam bombed by Affluence.org and have been for the last 2 hours. I get an identical "exclusive" invitation about every 10 minutes. Responding to the opt out email address makes no difference, the spam keeps on coming in. Fortunately I have good spam protection which prevents anything from their domain from entering my in box, forwards the message back to the sender and deletes it. I have also reported them to the authorities here in Hong Kong and the USA
More on the affluence.org spam bombings - http://www.linkedin.com/answers/technology/information-technology/information-security/TCH_ITS_ISC/389635-14411842
I've been a member of Affluence.org since last October and the only reason why anyone would have anything against this network is if they were rejected. The site doesn't even do advertising or any type of solicitation except a little charity related ads.
I know I am late to the game with this article but I just came across it online. My favorite social network is Facebook and my second favorite is Affluence.org which has recently taken over LinkedIn
Scott Mitchell is one of the webs leading scam artists, spammers, and pornographers.
See for yourself. Google: Scott Mitchell, RipOffReport, Eroticy, Webcapades, SwappersNet, spam, hacking, porn.
The Wealth Report is a daily blog focused on the culture and economy of the wealthy. It is written by Robert Frank, a senior writer for the Wall Street Journal and author of the newly released book "THE HIGH-BETA RICH."


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17 weeks today :)
Faith, Trust & Sticky Dust!!!
Comments (5)
That's the hard thing about being doing at the end of the month (actually beginning of November), I feel like everyone is so far ahead of me.
I am happy for you though. I saw them a couple of years ago and they put on a great show!
Me (40), DH (41), DS (13), DD (10), DD (10-09-13)
oooooh awesome gift! and great hb! my scan is freeking TUESDAY!!!!!! cannnot wait!!!!! almost there!!!!!!!!!!!!!!!!!!!!!!!!!!
hubby is awesome! congrats!
Cristina (39) Josh (35) DD1 (8) DD2 (4 in march)
BFP Cautiously Expecting #1 EDD Oct 16th
Me 39yrs DH 37 yrs Fingers are Crossed
Congrats on a great appt and a great Mother's Day gift! I turned 18 weeks yesterday and am also excitedly awaiting my anatomy scan this Wednesday! I can hardly wait I'm so excited!!! :)
TTC since 2/2012
Ectopic Pregnancy Loss ~ 4/12/2012
Joining TEAM BLUE ~ 10/3/2013


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Please join our Email list
After 22 years and with happy but heavy hearts, we announce that A Touch of Garlic owner Joe Rescia is retiring from the restaurant business and has accepted a new opportunity with another long- standing locally owned business in our community, Kittredge Equipment Company.We are humbled by all of the love and support shown by our devoted customers and friends who came in over the last month prior to our closing to share a meal and wonderful "A Touch of Garlic memories".
We (along with our devoted staff who all want to stay) are confident that A Touch of Garlic will reopen soon under new ownership, most importantly still led by Chef Brandon " Jerry" Webb in the kitchen and Sara Biscaldi in the dining room. Although we have a few prospects for new ownership we want to cover all bases until the restaurant is actually sold.
If you know someone who may be interested in purchasing our 22 year Forest Park legacy of serving you freshly cooked authentic and creative Italian cuisine please call 413-930-4000.
Stay tuned!
Thank you for 22 years of your loyal patronage and friendships!
Joe and Kara Rescia
Website by Community Communications


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In the last several months, a political storm has brewed around a religious right group called the Family and its center of activities, a residential dwelling reported for tax purposes as a church located on C Street in Washington, D.C. South Carolina Governor Mark Sanford, Nevada Senator John Ensign, and former Mississippi Congressman Chip Pickering are three scandal-plagued figures who resided at the C Street townhouse. C Street has gotten heavy coverage with major media, which is something of a breakthrough, considering that issues with religious right groups like the Family have in the past simply been laughed off or ignored. In the last few days, however, the Family and the scandal surrounding C Street have gotten attention—with sharply differing treatment—in the media of the Christian right as well.
World Magazine, a leading Christian right publication, opens with a double-track assault on the Family in a cover-story entitled the "ABCs of C Street." They trace the history of the C Street house and the principal figures behind it, and then turn to the money trail. As the lede makes clear ("an organization big on protecting its own and small on church ties and theology"), their attitude is critical and exacting. The piece looks like serious journalism, much like the publication's exposé work on Ralph Reed and other scandals in the past.
Meanwhile, Pat Robertson's Christian Broadcasting Network has an entirely different take. They pass by the role played by C Street fellowship in the unraveling of marriages, focusing instead on the glass that's half filled. They quote Michael Cromartie of the Ethics and Public Policy Center:
"It is anything but a sort of conservative Republican kabal," Cromartie said. And yes, while Sanford and Ensign morally failed even while attending C Street, there is a flip side. "The fact of the matter is what you ought to do if you want to do a real story on C Street is find out how many affairs were thwarted because of the accountability of this house," Cromartie said.
Talkingpointsmemo reports that as originally aired, the CBN piece featured announcer Gordon Robertson talking about the organization's intense secrecy and then remarking "God bless 'em!" However, CBN took down the video version of the piece.
More from Scott Horton:
Context, No Comment — August 28, 2015, 12:16 pm
In five easy lessons
From the April 2015 issue
Six Questions — October 18, 2014, 8:00 pm
Nathaniel Raymond on CIA interrogation techniques.
Estimated number of American senior citizens who played tackle football last year:
National Sporting Goods Association (Mt. Prospect, Ill.)
An island of fairy penguins was successfully defended against foxes and feral dogs by Maremma sheepdogs.
In Turlock, California, nearly 3,500 samples of bull semen were stolen from the back of a truck.
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"Civilization masks us with a screen, from ourselves and from one another, with thin depth of unreality. We habitually live — do we not? — in a world self-created, half established, of false values arbitrarily upheld, largely inspired by misconception, misapprehension, wrong perspective, and defective proportion, misapplication."


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1 Peter 3:1-4New International Version (NIV)
3 Wives, in the same way submit yourselves to your own husbands so that, if any of them do not believe the word, they may be won over without words by the behavior of their wives, 2 when they see the purity and reverence of your lives. 3 Your beauty should not come from outward adornment, such as elaborate hairstyles and the wearing of gold jewelry or fine clothes. 4 Rather, it should be that of your inner self, the unfading beauty of a gentle and quiet spirit, which is of great worth in God's sight.
Cross references:
New International Version (NIV)
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Snow dragon by pSarahdactylsWatch
©2014-2016 pSarahdactyls
I was going to continue this but I wasn't really liking how it was coming out
this reminds me of wings o fire
Adorableble.... 0_0
how do u upload animations to deviantart??
eheh lol
how do you do this?!? i have tried animation and it hates me
omg! this is awesome!
Archimedes the snow dragon! XD
use embiza it esy and fun animation site
ToonBoom is a lot easier than having to draw and animate the frames like Ezimba makes you do.
its ezimba... ezimba.com
What do use to animate? I like to animate, but using a easy and free site
She uses Toon Boom Studio, but it costs tons of money.
What do you use? I'm currently searching for an animation software or site.
What do you use? I'm currently searching for an animation software or site.
For beginners, you can use abcya.com/animate.htm
I use it sometimes, I'm just a beginner
I use it sometimes, I'm just a beginner
You should try Pencil .w. It crashes sometimes on Windows, but other than that it's really good, and easy to use!
I have not used any animation sites, I have been searching like you.
SO CUTE! I love dragons.
plz finish dis ;A;
It's soooo cute! your animations are awesome splash. BTW i subbed to you on youtube!
i think it looks fantastic
It's so cute!!!
Splashy, why wouldn't you continue on this? Its wonderful!
I think its a pretty smooth animation, the dragon is very cute and the bounce and tail wagging is so funny and cuuute :3
And that smile at the end just makes me smile. :3
hop hop
his name shalt be POTATO.
what kind of stuff did u use to do that? btw love it!
This is extremely good, but I can see what you meant by "I wasn't really liking how it was coming out"
The problem is in the second jump. It should be higher. If you intended for it to be lower, then you should have made it a bit more exaggerated, like raise the butt a bit higher or have it keep its head up, because it looks like there is an invisible wall that won't let it go any higher. If you try to imagine this jump with a cat or dog, you'll see it jumping a bit higher in the second jump than the dragon's, and moving more of it's body than just it's legs and back (moving it's butt and tail and moving it's head and giving the back an exaggerated curve). I also think that the second jump is a bit too fast, which doesn't give it time to make the jump look natural. It's because it takes a lot less time for it to go up than it does to go down, which should be the other way around because it's moving it's weight up against gravity, and then down with gravity.
But in all this in an impressive animation, and you should be proud of it.
(oh wow I hope you read this there are so many comments wow and there will be more to come oh gosh)
You.. as SplashKittyArtist..... think YOU messed up on.... THIS?
This is what is known as... a Masterpiece.
This... is.... EPIC
so cute O3O
So cute
Awh, it's so cute~
Cutley Awesome!!
I understand you stopped because it wasn't coming out..
But I think it could use a little tweaking.


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The pancreas is an oblong flat gland, about 6 inches long. It is located below the liver, deep in the abdomen, between the stomach and the spine. It is about as long as your hand in an irregular tube shape. The pancreas has 2 types of cells:
Endocrine. The endocrine cells make hormones like insulin and glucagon, along with other hormones that the pancreas makes. These 2 hormones work together to control the level of sugar in the blood.
Exocrine. The exocrine cells make and release enzymes into the duodenum, the first part of the small intestine. Here they break down protein, carbohydrates, and fat into simpler parts that can be easily soaked up. There are 3 major classes of enzymes. The enzyme trypsin breaks proteins down into peptides and amino acids. Lipase breaks fats down into short-chain fatty acids that can be easily soaked up. Amylase breaks starches (complex carbohydrates) down into simple sugars.
In 1922, scientists discovered that a shortage of the hormone insulin is responsible for the disease called juvenile diabetes (now called type 1 diabetes). The source of insulin is none other than your pancreas.
Most of the time, the pancreas goes about its work quietly from its strategic location behind the stomach. But a relatively small number of people develop type 1 diabetes. The beta cells of the pancreas are destroyed in people with type 1 diabetes and the pancreas can't make insulin. This condition usually occurs when the patient is a child or young adult. This is why it used to be called juvenile diabetes. Another form of diabetes, type 2, tends to happen in older people. It stems mainly from the body's inability to use insulin effectively. Early in the disease, the body may respond by making very high levels of insulin. But eventually the beta islet cells of the pancreas tire out and fail to make enough insulin.
Cystic fibrosis. This is an inherited genetic disorder. In cystic fibrosis, mucous plugs can block pancreatic enzymes from reaching the intestines. This leads to digestive problems, delayed growth, and fat-soluble vitamin deficiencies.
Pancreatitis. Another disease of the pancreas is pancreatitis. This is an inflammation of the pancreas that can be painful. It can be acute (sudden) or chronic. The most common causes of acute pancreatitis are blockage of the pancreatic duct by a gallstone and too much alcohol use. The most common cause of chronic pancreatitis in the United States is alcoholism.
Pancreatic cancer. Cancer of the pancreas is a leading cause of cancer death in the United States. Risks for pancreatic cancer include smoking, age, being male, having chronic pancreatitis, and exposure to some industrial chemicals. Most pancreatic cancers develop in the exocrine tissues of the pancreas. It is a very difficult cancer to find in the early stages.
Pancreatic insufficiency. Pancreatic insufficiency is the inability of the pancreas to make and/or release enough digestive enzymes to break down food in the small intestine. It typically happens as a result of chronic pancreatic damage caused by cystic fibrosis or chronic pancreatitis.
Medical Reviewers:


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Below are my top choices of the different Yosemite Motels, a private home and bed & breakfast cottages just outside the park. All lodging choices are located less than one hour outside of Yosemite National Park. These motels are great choices if you are coming into Yosemite on The Highway 140 Arch Rock Entrance. Yosemite valley is only a 20 minute drive from the gate.
You may scroll this page to see my lodging picks for you. Or, you can just click on the city and you will see the choices for that particular city. Click on my pictures to any the Yosemite motels or the link below my pictures to make your reservations.
Bed & Breakfast cottages in the area
El Portal is approximately 8 Miles to the Yosemite National Park gate.
The Cedar Lodge Is Located El Portal, Calif. The Hotel Is Adjacent To Highway 140 And Eight Miles From Yosemite National Park's Famous Arch Rock Entrance. I love how this Cedar Wood Lodge offers barbecuing and picnics with gazebos. Relax in the afternoons around both indoor and outdoor pools. Other hotel amenities include a video library, private beach, conference rooms, gift shopping, computer rentals and laundry services. They have several good restaurants close by. Each of the 211 nonsmoking guestrooms includes cable/satellite television with premium channels and refrigerators.
Yosemite View Lodge Has three pools. One indoor and two outdoor and five spa tubs.
The hotel's tour desk can assist with arranging Yosemite National Park
activities. White water rafting starts
right behind The Lodge. Yosemite National Park, hiking, rock climbing, fishing, birding, wildlife viewing,
biking, horseback riding, swimming, rafting, skiing, snowshoeing, and
strolls through ancient sequoia trees. This three floor motel features
278 rooms decorated in a mountain lodge style. Rooms include fully
equipped kitchenettes with refrigerator, microwave, two-burner stove
top, toaster, dishes, and utensils. Furnished balconies overlook the
Merced river. Other amenities include gas fireplaces and jetted tubs
with dual shower heads.
Mariposa is about 45 miles to the Yosemite National park gate.
The Best Western Yosemite Way Station Motel is situated in the Mother Lode area with beautiful views of the Sierra foothills. Historic attractions and activities close to the hotel including panning for gold, a California Mining and Mineral Museum and the Yosemite Mountain Sugar Pine Steam Railroad. Visitors are also close to recreational activities including river rafting, horseback riding, fishing and skiing at Badger Pass. This is one of my favorite choices for Yosemite National Park lodging just outside of the park.
The Miner's Inn is located in Mariposa, California. They are located at the base of the Sierra Nevada Mountains. Historic attractions such as the Mariposa County History Museum and the California State Mining Museum are nearby. The entrance of Yosemite National Park is nearby. The Miner's Inn includes a restaurant. The hotel's lounge offers beverages and live entertainment on Friday and Saturday nights. Karaoke is available on Wednesdays and Sundays. The hotel provides complimentary airport shuttle services. This California hotel includes a gift shop. The hotel includes an outdoor pool and spa.
Midpines is only 24 miles to the Yosemite National Park gate.
If Yosemite motels are not what you want, here is a private home that is available to rent. This is approximately a one hour drive to Yosemite National Park Valley.
Return From Yosemite Motels To The Home Page
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although the style looks nice, these hooks that are on the leash come right off the collar leaving the dog to be loose.
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The Latin American Corporate Governance Roundtable was established in April 2000 in order to facilitate public and private sector policy-dialogue by providing a forum for the exchange of experiences.
The Latin American Companies Circle brings together a group of Latin American companies who have adopted good corporate governance practices in order to provide private sector input into the work of the Roundtable.
Currently in development, these Guidelines are intended as a tool national governments can use to draw and adapt national ownership and governance practices. Good practices ultimately serve to improve the governance and performance of SOEs, and promote competitive, transparent and more efficiently-run enterprises.
Istanbul, Turkey - The roundtable addressed the equity market structure and trading practices, corporate ownership and control and the corporate governance framework in emerging markets.
Over the past five years, behavioural economics has been rapidly propelled from the margins of economic analysis towards the policy mainstream. In this context, this study offers an international review of the initial applications of behavioural economics to policy, with a particular focus on regulatory policy. It describes the extent to which behavioural findings have begun to influence public policy in a number of OECD countries, referring to a total of more than 60 instances, the majority of which concern regulatory policy.
This paper provides a framework for analysing ownership engagement by institutional investors. It argues that the general term "institutional investor" in itself doesn't say very much about the quality or degree of ownership engagement. It is therefore an evasive "shorthand" for policy discussions about ownership engagement.
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Muscat, Oman - 2 December 2013 - This meeting was organised in the format of a high level regional roundtable, where heads and other representatives of regional exchanges were invited to participate, alongside regulators and relevant international and regional institutions.
Jointly organised by the OECD and ESCAP, this conference focused on the role of governments in supporting and facilitating more sustainable and inclusive business practices in the Asia-Pacific region.
18-19 November 2013 - Swakopmund, Namibia. This meeting served to reach a consensus on the Southern African Guidelines on the Governance of State-Owned Enterprises and worked towards developing company guidance on anti-corruption and corporate ethics in SOEs.