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DOMA: recap, summary, and analysis
Timothy Kincaid
February 24th, 2011
It has been a day since Attorney General Holder announced the Obama Administration's position on the constitutionality of Section 3 of the 1996 Defense of Marriage Act, and we are beginning to get a sense of how this will impact individuals in various states. Some of this is consistent with early assumptions and thinking, some is different from my earlier thoughts, and some is as yet unclear.
Before we discuss the impact, let's revisit the law. DOMA had three sections and, to better understand the issue, here is the law as it is on the books:
Section 1 named the act: "This Act may be cited as the `Defense of Marriage Act'."
Section 2 revised chapter 115 of the United States Code, which deals in part with the full faith and credit aspects of states' interaction, and gave permission to the states to ignore any marriage laws of other states that relate to same-sex couples:
No State, territory, or possession of the United States, or Indian tribe, shall be required to give effect to any public act, record, or judicial proceeding of any other State, territory, possession, or tribe respecting a relationship between persons of the same sex that is treated as a marriage under the laws of such other State, territory, possession, or tribe, or a right or claim arising from such relationship.
Section 3 revised Title 1, Chapter 1 of the United States Code to define "marriage" and "spouse." Prior to DOMA, these terms were defined by the states and not by the federal government. It is significant and telling that DOMA's third section was placed in such a prominent position in the US Code; it says that for all of our social contract, our form of government, our protections and requirements and obligations and rights, before we consider anything else, we shall exclude same-sex couples from consideration:
In determining the meaning of any Act of Congress, or of any ruling, regulation, or interpretation of the various administrative bureaus and agencies of the United States, the word "marriage" means only a legal union between one man and one woman as husband and wife, and the word "spouse" refers only to a person of the opposite sex who is a husband or a wife.
The challenges and the Administration's postion:
The challenges to DOMA to date are as follows:
Commonwealth of Massachusetts v. United States Department of Health and Human Services (1:09-cv-11156-JLT) – Massachusetts has defined its marriage laws according to its community standards as, since the inception of the nation, states have been allowed to do. However, upon Massachusetts' recognition of marriage between same-sex couples the federal government ignored the state's issuance, recording and recognition, instead choosing to implement Congress' definition of marriage. Massachusetts Attorney General Martha Coakley sued the Department of Health and Human Services to defend the state's rights and the case was heard by Federal First Circuit Court Judge Joseph Tauro.
Gill v. the Office of Personnel Management (1:09-cv-10309-JLT) – Nancy Gill and Marcelle Letourneau, along with other same-sex couples married under the laws of the commonwealth of Massachusetts, argued that Section 3 of DOMA violated the equal protections provisions of the US Constitution. They were represented by Gay & Lesbian Advocates & Defenders (GLAD) and the case was consolidated with others (see above) and argued before Judge Joseph Tauro in conjuction with Commonwealth.
On July 8, 2010, Tauro found that Congress had exceeded its authority by seeking to assume powers that were reserved to the states (Commonwealth). Separately, he found that there was not even a rational basis for unequal treatments between legally married heterosexual couples and legally married homosexual couples (Gill).
My observations at that time were
These cases do not discuss whether states may deny marriage equality, only whether the federal government may do so. If it is constitutionally permissible to discriminate against gay people in matters of marriage, only states may enact that discrimination.
Taken together, it seems clear that Tauro finds that a distinction based on marriage is permissible. But one that is based on sexual orientation is not. This would seem to suggest that because states can determine marriage laws (Commonwealth), it can either allow or refuse same-sex marriage (until otherwise restricted). So those legally married same-sex couples in Massachusetts, Iowa, Connecticut, Vermont, New Hampshire, Washington DC, New York and Maryland and some 18,000 couples in California would be married in the eyes of the federal government while those in civil unions or domestic partnerships would not.
The Justice Department appealed Tauro's decision on October 12, 2010 and filed a brief on January 14, 2011 defending DOMA.
Dragovich v US Dept. of Treasury (4:10-cv-01564-CW) – The Legal Aid Society sued on behalf of California public employees who were not allowed to include their spouses in CalPERS' long-term care plan due to federal restrictions on the state program's recognition of marriages and spouses.
On January 18, 2011, Ninth Circuit Federal Judge Claudia Wilkin refused the government's motion to dismiss in a response that strongly indicated that Wilkin would find that Section 3 of DOMA violated both the due process and equal protection provisions of the US Constitution.
Pedersen et al. v. Office of Personnel Management (3:10-cv-01750-VLB) – Following on their success in Gill, GLAD filed in the Second Circuit Court on behalf of Joanne Pedersen & Ann Meitzen, a legally married couple under Connecticut law along with couples married in Vermont and New Hampshire.
Pedersen was filed on November 9, 2010, and the first round of filings are due on March 31. At that time the Department of Justice can file for dismissal and GLAD can file for summary judgment.
Windsor v. United States (1:10-cv-08435-BSJ)- This case, filed by the ACLU, has a unique fact pattern. Edie Windsor and Thea Spyer married in Canada in 2007 and their marriage was recognized by their home state of New York (which does not currently grant marriage licenses to same-sex couples). When Spyer died, her estate was taxed with no consideration to their marriage status.
Windsor was filed on November 9, 2010, concurrent with Pederson, and the date for the defense to file a motion to dismiss is March 31, 2011. (Holder's letter places this date at March 11, but the docket states March 31. In either case, it is quite soon)
To recap, Commonweath deals with the rights of states to define marriage. Gill, Dragovich, Pedersen, and Windsor all deal with the rights of individuals to due process and equal access. None of these cases challenge Section 2 of DOMA or question whether one state must recognize same-sex marriages conducted in another.
What the Administration announced:
In his letter to Speaker of the House Boehner, the attorney general laid out a legal determination and a consequential plan of action. The legal determination was two-fold.
First, Holder recognized that in those court districts in which the appropriate level of scrutiny for anti-gay discrimination had no precedent, the defendants would be required to argue for such a level. And the Department of Justice found itself unable to make a cogent argument that only rational basis be applied.
The Supreme Court has established a three part test to determine whether rational basis or a stricter level of scrutiny be considered: a history of discrimination, immutable characteristics comprising a discrete group, and political powerless minority subject to majority whim. On all three of these, the DOJ found itself incapable of arguing for rational basis and thus found that only strict scrutiny could be applied to sexual-orientation based discrimination.
Secondly, Holder acknowledged that his office was incapable of presenting any argument in favor of anti-gay discrimination that could stand up to strict scrutiny. While theoretically rational basis arguments can be pie in the sky (though they must at least be rational), strict scrutiny required tangible real and compelling reasons for the discrimination that were tied to the legislature's actual reasoning and there just wasn't anything to present.
It is important to understand that the Administration did not say that it was refusing on unwilling to defend the law but rather that it was incapable of defending the law. There simply were no arguments to present to the court.
Those who claim that the Administration is "choosing which laws to defend" are either confused or dishonest. Those who say that this will "nationalize" same-sex marriage and impose it on unwilling states are either confused or dishonest. Those who go on TV and spout completely false information about this decision are either irresponsible or dishonest. I'm inclined to suspect 'dishonest.'
In consequence, the DOJ announced that it would not present arguments to the judges in Pedersen and Windsor that these cases should be tried under rational basis. Should the judges independently determine that no stricter scrutiny than rational basis would be considered, the DOJ was capable of defending DOMA on rational basis pie in the sky notions.
But unless the judges independently determined that rational basis was the standard, the Department of Justice would not attempt to justify DOMA under stricter scrutiny because they had no arguments to present.
What does this mean?
Immediately, nothing. The law remains on the books, the Administration will continue to administer the law, and gay couples have no more federal recognition than two random roommates living in a dorm.
However, it is a very short time before this could all change. The House of Representatives has a small window in which to decide whether to defend DOMA in court. Should they fail to do so, then in March the courts will be presented with a motion for summary judgment (a request for a trial-less determination) which argues that DOMA Section 3 is unconstitutional, and in response the DOJ will say, "I got nothing."
Presented with only one side, it is extremely probable that the judges will find for the plaintiffs and order the federal government to recognize their marriages. This could be limited to specific circumstances for individual plaintiffs or applied broadly against the United States and applicable to all same-sex marriages. However, without appeal to the US Supreme Court, then these decisions will only apply to same-sex married couples in Second Circuit states (Connecticut, Vermont, New Hampshire, and New York).
Should the House intervene, a not-unlikely possibility, then the House will be allowed to present arguments that only rational basis be applied and that DOMA's discrimination achieves a governmental function. However, they will do so with the additional burden or explaining why not only the plaintiffs but the Department of Justice are incorrect in their interpretation of the Constitution.
Meanwhile the Massachusetts and California cases continue. It is difficult to know exactly how the Administration's decision will play into these cases. Having announced that you believe DOMA Section 3 to violate the US Constitution, courts are less likely to believe the sincerity of arguments otherwise.
While GLAD has no certainty about how Gill is impacted, Massachusetts Attorney General Martha Coakley (at least publicly) believes that the DOJ will drop their appeal of Commonwealth (Globe).
"We assume they will withdraw their briefs. Unless we hear otherwise, we believe the Department of Justice's intention is not to defend any of these cases," said Coakley, whose suit contended that the federal law unfairly created two classes of married people.
Should the government withdraw its appeal in Gill and Commonwealth, then Judge Tauro will order the United States to recognize Massachusetts' same-sex marriages. It is unclear whether the House would have any standing to appeal this DOMA decision.
But unless the federal government opts not to appeal to the Supreme Court and the House opts not to intervene, this issue will eventually end up before the Supreme Court (as it could through Dragovich or Perry). And there are a few ways the court could go.
Should they decide to hear Commonweath first, that could make all of the other cases moot. They could determine that states have, as they always have had, the right to define marriage. Doing so could avoid or delay any requirement to determine whether in such definition a state can distinguish between same-sex and opposite-sex marriages as Commonwealth does not address that issue.
Should they decide that the federal government has a newly found right to establish family law, then they would have to deal with the various other cases which deal with discrimination against individuals. This could be an interesting direction.
Although these cases are federal cases and speak only to what the federal government can do, should the SCOTUS find that federal anti-gay marriage law violates the constitutional rights of individuals, it is difficult to see how that would not also be true of the states. While we have assumed that Ted Olson and David Boies would be the ones to argue the unconstitutionality of banning same-sex marriage, it is possible that due to timing (delays or expedition) it could be GLAD or the ACLU.


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Judgment Day
Yes on Schwarzenegger. No on Bush.
Arnold Schwarzenegger gives one hell of a speech tonight. It's the best speech I've seen at either of this year's conventions. I bet he persuaded a lot of people who share some Republican attitudes but feel uncomfortable with the party's hard core—people like me—to think seriously about voting for President Bush. If you're one of those folks, I'd like to talk to you about why a Schwarzenegger Republican shouldn't support Bush.
Schwarzenegger begins by recalling his childhood in Austria, then under partial Soviet occupation. He recounts his family's terror of the Communist police state. He describes the joy and pride of finding freedom in America. Like so many passages in this beautiful speech, the story brims with Reaganesque reverence.
I'm a sucker for this stuff. I often think about the Soviet era and the people crushed under it. My liberal friends never talk about it and never seem to look back. I don't remember my college classmates taking communism seriously as anything but an alternative ideal. This is one of the things that alienates me from the left. The world is full of people who seek power and menace others. The United States is the most important bulwark against these people. We must not be afraid to act. And imperfect as our freedoms are, we must never forget how precious they are.
"Today the world no longer fears the Soviet Union, and it is because of the United States of America," Schwarzenegger thunders. The delegates applaud and begin chanting, "USA! USA!" I'm tempted to join in. Schwarzenegger describes coming to America in 1968 and watching the presidential race * between Hubert Humphrey and Richard Nixon. Humphrey's positions "sounded like socialism," Schwarzenegger recalls. Nixon, on the other hand, talked about "free enterprise, getting government off your back, lowering taxes, and strengthening the military." From this, Schwarzenegger explains, he decided to become a Republican. He then delivers the most important pitch of the convention:
If you believe that government should be accountable to the people, not the people to the government, then you are a Republican. If you believe a person should be treated as an individual, not as a member of an interest group, then you are a Republican. If you believe your family knows how to spend your money better than the government does, then you are a Republican. If you believe that our educational system should be held accountable for the progress of our children, then you are a Republican. If you believe that this country, not the United Nations, is [the] best hope of democracy, then you are a Republican. And, ladies and gentlemen, if you believe we must be fierce and relentless and terminate terrorism, then you are a Republican.
I agree with every one of these things. I can see myself as a Schwarzenegger Republican. But I can't vote for Bush.
Why not? Let's start with that Humphrey-Nixon story. It conveys that Schwarzenegger's understanding of the two parties is frozen in 1968. That's a long time ago. Both parties have changed a lot. The Democrats under Bill Clinton rediscovered a centrist philosophy they had abandoned. They became more attentive to public safety and more friendly to free enterprise. The Republican Party also shifted—not to the center, but to the right. If you liked where Nixon stood in the late 1960s and early 1970s, you're more likely to find similar policies 30 years later not in the administration of George W. Bush, but in the administration of Bill Clinton and possibly the administration of John Kerry.
It's telling that Schwarzenegger says he's "proud to belong to the party of Abraham Lincoln, the party of Teddy Roosevelt, the party of Ronald Reagan, and the party of George W. Bush." The GOP under Bush is nothing like what it was under Lincoln or even Roosevelt. The notion of wartime deficit tax cuts would have made Lincoln ill.
There's a curious gap in Schwarzenegger's speech as he segues from his litany of Republican principles to the case for Bush. Essentially, the principles vanish. He stops talking about accountability and starts talking about faith. He asks for "faith in the resourcefulness of the American people, and faith in the U.S. economy. To those critics who are so pessimistic about our economy, I say: Don't be economic girlie men!" The audience roars—it's the loudest moment of the convention—but the descent from logic into grade-school humiliation is unpersuasive and revealing. The American economy is performing far below par. Bush got the tax cuts he wanted when he came into office. He said they would fix the economy. They didn't. He will be the first president in Schwarzenegger's lifetime to preside over a net loss of jobs. Accountability means that a president who gets his economic program and delivers results this bad gets fired.
Instead, Schwarzenegger resorts to the very unconservative tactic of inventing excuses. "America's economy is moving ahead in spite of the recession [Bush] inherited and in spite of the attack on our homeland," he says. Actually, the pace of growth has slowed again in recent months. And if every president can blame a bad economy on his predecessor, even three years after he has reversed the predecessor's policies, then no president is accountable. Schwarzenegger implies that giving up on Bush would be un-American. "We may hit a few bumps, but America always moves ahead. That's what Americans do," he says. But remember that Republican principle about the government being accountable to the people. The suggestion that giving up on Bush means giving up on ourselves—which is essentially the argument of the Bush campaign—directly subverts this principle. Bush is your employee. You don't have to vote for him just because he's in charge and represents the spirit of the nation. That's Communist talk.

subset: commoncrawl


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Health Insurance - Please ensure that you have taken out adequate Health Insurance before coming to Turkey. The Post Office does an excellent insurance policy as do many UK high street retailers. If you should have the misfortune to need medical services while here, we can assure you that the local hospitals and clinics in Fethiye provide the very highest standards of treatment. If you intend to participate in dangerous sports while you are here (i.e. paragliding or white water rafting) please tell your insurer when you take out the policy. These activities can usually be included at no extra cost. NB: The European health Insurance card (EHIC) is not valid in Turkey.


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LOUDON, N.H. - After 13 years away from New Hampshire Motor Speedway, the IndyCar Series made their return to Loudon Sunday with an event that won't soon be forgotten, although maybe for not all the right reasons.
Third place finisher and IndyCar Series veteran Scott Dixon summed up the day in four words: "Just a bizarre day."
Despite losing the lead on a controversial final restart with rain falling that eventually ended the event, Ryan Hunter-Reay was declared the winner of the MoveThatBlock.com Indy 225 by IndyCar Series officials.
The decision to restart the event on lap 216 with rain falling, and the decision by series officials to then reverse the results of what happened on the restart, set off a firestorm of criticism from multiple drivers.
"All I know is that we won and I'm happy about it," Hunter-Reay said.
Oriol Servia, despiting thinking he had won the race, was declared the second place finisher. The odd finish to the event was the exclamation point on a day of strangeness for the series on the 1.058-mile oval.
Hunter-Reay clearly had the car to beat in the late stages and was out front by a wide margin when caution flew for rain on lap 206.
Ten laps later though, with raindrops still falling, IndyCar Series officials made the decision to restart the race.
"I was mad that we were going green," Hunter-Reay said. "They were like, 'One lap to go, we're going green.' I was like 'What? You're kidding me right?' Because it was raining."
As the field came down the frontstretch to take the green mayhem ensued.
Hunter-Reay spun his tires at the front, allowing the second place running Servia to go by him, along with Scott Dixon. Behind them Danica Patrick, running sixth at the time, spun, collecting among others series championship contender Will Power, who was fifth.
After the wreck Power got out of his car, looked up to the track tower and raised two middle fingers over his head at series officials in race control. Power said drivers were begging over their radios not to restart the race in the rain.
"They cannot have this guy running the show because that was a decision to put a lot of drivers in danger," Power said of IndyCar Series race director Brian Barnhart. "It was no condition to race in. Shame on him. I just can't believe that they make decisions like that. What are those guys up there doing? ... It was disgraceful. I know that I lost my temper and that was bad of me but I couldn't help it."
The race was then put under a red flag with the intent of waiting for the rain to stop to restart it again. After a few minutes the checkered flag was shown declaring the race complete. Series officials then announced that the running order of finish would reflect the running order of the field before the final restart.
"If you go off how we normally race and the rules that we have, I don't even know why we have a rulebook because it makes no sense," Dixon said. "... Oriol won and and I finished second. Ryan didn't go. We went past the restart cone. You snooze you lose man. If you don't go it's free game and he didn't go."
Said Servia: "Regardless of if it was the right or wrong decision, they went green. In IndyCar, I've never seen before, after they throw a green, and then it goes yellow after, that they go back to [the running order] of the restart before. ... I actually won the race."
Barnhart said track officials thought the racing surface was ready for racing.
"Obviously the attempted restart showed that wasn't the case," Barnhart said. "So it was a mistake on race control's part and the only right thing to do and fair thing to do was going back to the running order prior to that restart."
The event got off to a disjointed start with a wreck on the backstretch on the first lap and then another on the backstretch immediately following the second restart. When the race did find a rhythm it was pole-sitter Dario Franchitti singing, as he at one point built a 12-second lead on the field.
But a lap 110 wreck that saw Tony Kanaan end up on his roof on the backstretch spelled doom for Franchitti. On the ensuing restart, second place Takuma Sato turned into Franchitti coming to green, putting him in the wall and ending Franchitti's day.
"Takumo looks like he came up into my right rear in the middle of the straight," Franchitti said. "I don't know what the deal is."
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text:
Hey people ... congrats to all those who converted !!
I was waitlisted at 193 PGPM .. So me too in !!
But, I am joining XLRI anyways ! Had a confirmed admit from there !
So, waitlist will move one more count !!
Cheers !! and Congrats !!
ATB to all !!
I guess I can lay claim ...to writing here ... although I am gonna Join XLRI.
The day I could not get into IIT's and my claim to do so ...after dropping one year..( as is the usual fare in Bihar ...my native place) ..was successfully vetoed by my family ....
I had to get into IIM's ...That is the freaking way my mind perceives things!!
(I still maintain...that I was and am good enough for both the institutions( as so many of fellow puys and my peers are) ...People ..the way I see it is that.. this country of ours ...has such a large talent pool ...that we cannot afford to ..give IIx education to all the deserving people...so ...D day matters ...and a section of people get in ...and the rest ..are left ..back ...to pay ..what I call the "cost" that the bearers ...of a "developing" nation have to pay .. I am not complaining .. I love India.)
Well.. joined ..NIT Surathkal.(engg folks ..know about this better than "good" college )..after a fair enough performance in AIEEE 2004.
Turned out to be best decision of my life till date.
All other great things like ...an international size swimming pool, a private college beach ...a cosmopolitan culture ..and awesome placements apart ...this college is the best ..launching pad for higher studies. Consider this .. of my class of 34 students ...passing out ....15 straightaway went for MS in USA/Canada etc.
So after ... reading novels .... playing CS .. wasting time for 3 years in college ... CAT 2007 was in sight ...and I was damn confident.
Gave some initial mocks...and all.. performed very well...and worked really hard ...like practised and all....
My college has a history kind of ..of sending 12-15 people to IIM's every year ...and all my friends believed I would also ...get in .
The biggest mistake around this time that I did was ... ignored ..my almost ...constant failure to ...cross sectional percentiles ..in any one section ...throughout the mocks season ..!!!
I thought ...ek din ki baat hai ..it will come good on the good day !!
I used to get good enough overall scores( 99 +- 0.1 percentiles ) ...so that was also fair enough!!
Screwed up DI in CAT 2008 big time. And it was the easiest section.
percentile : 96.57
I never got less than ..98.5 in mocks... but i was disappointed ...only with myself !!
I remember my Mom said to me the day results were out ...only this much ..
Does it matter ?? You know ..that you are good enough ...I know that you are good enough ?? Your friends know that ?? what else ?? How many times they will refuse ?? you have 4 months of final year ..enjoy karo "
I tried to forget ....enjoyed my last few days in college to the limit ...went home before joining my company.
It was around July 2008. CAT was again back to my mind. Still I did nothing. I dint want to overwork...I had a fair idea of things ...I was not so to say " weak" in any of the sections ..like ...none of the sections were like pulling me down ...I knew it was the day that mattered !!
So around August .. I joined ...IMS ..(decide to change ..it was...TIME in college) ... decent enough i felt .. but felt like more practice... So took Career launcher ...also..on saturday ... I must thank my two flatmates ...they r friends bk from college ...and they joined with me ..!!
IMS gives a good all around ... competition ...and Carrer Launcher's individual questions are really good.....sometime CL goofs up on setting a nice paper overall...too tough or too easy ...!!
Was performing well ....never below 98.5 .. in the later stages ...also ...came in below AIR 100 also many times.
I also realised three things :
1. Any student, however brilliant and balanced HAS to surrender himself to the demands of the exam pattern in front of him. You just cant be egoistic and hard headed.
2. Self analysis is the key. You can't survive such immense competition if you dont understand how does your mind behaves during a test. When does it need rest ?? When should you stop attempting a DI set ...and go back to a chilled out VA questions ?? Things like that !!
3. Accuracy In Quant and DI is the key. It serves you immensely if you can get the feel of balancing your attempts and their accuracy as per the needs of the paper ! Period !!
just went and gave CAT 2008. I knew as soon as I came out ki ...I had screwed it up ...As a principle, I never check my scores with online results and all...But pata tha ki ...Quant was screwed up ...again the easiest one !!
Had a call from IIFT meanwhile ... but heart was not there ... would not have joined even ...if I had got it..at least this year !!
So went home ...10 days .. came back ...Lots of work in office .. dint touch pen for one month ..till XAT ...4th Jan ..
Decided on 3rd jan after seeing last year's actual XAT paper of mine ..
Only one strategy ... forget it was XAT ... Convert XAT to CAT .. ignore all special types of questions ....choose CAT tyoe questions and solve them !!
The minute I came outta XAT, i knew ...it was good ....I would surely get a call!!
Finally got ...99.7
My mom was happier than I was ...hehe ...coz she had seen ...that ..I had screwed up quant again !! I just kept telling her .ki ..mummy ..luck bhi chahiye ...kaafi logon ke saath hota hai !! Its a one-day thing !!
Interviews...and all...no special preparation..
rejects from IIFT .. expected ... very bad interview ...because I was brutally honest ..all throughout the intrvw.
FMS .. god only knos ..why they rejected me .. 99.75 .. and a good gd/PI ...
xlri .. CONVERTED ...jOINING ..NTHNG SPECIAL ...they asked me ..some different questions ..which I could manage !!
Not IIM's but XLRI ..Fair deal ...considering ...how unlucky ..you can be ...on the basis ...of 3 hrs .. or ..one bad day at GD/ PI.
Pagalguy .. has been awesome throughout
.. I cant thank ....puys enough !!
The net result is
" Always ask yourself ...Do you want it that bad ??? "
"it" always listens and responds !!
@ ganesh ...
lets decide the venue man ...and i guess there are gonna be more people around this time...
@ seniors ... log...
Got this... from the last paragraph ..of one of the articles about XLRI ...smwhr earlier on this thread ....
If u cud elaborate on these two things...(obs after u get time from ur exams)
"So, what's the secret? "We had invited carbon trading companies like Cantor C2E and commodity exchange companies like MCX for summer placements. And, for the first time, brand consulting companies participated too,'' said Rajiv Mishra, XLRI's placement committee chairperson. "XLRI offers a unique dual management, both in marketing and finance. So, the meltdown did not affect us as much.'' "
1. carbon and commodity exchange profiles ...seems to be a new development.
2. Unique dual management .. marketing and finance ??
hi seniors..
converted xlri pmir
xat 99.92 %ile
2008 be grad elecs & telecom
9 months of work ex ..
good gd..k k pi
had a few doubts
1. nothing related to the future procedure has been mentioned...
i mean how much is the 1st installment...by when do we need to pay it..bcoz i'l be paying tyhe entire amount by loan..so would need some time for the same....
2. do we have to come to jamshedpur to pay up?
3. my parents seem a bit edgy about sendin me to xl bcoz of d followin reasons,,,...can seniors plz help...
a. ragging in xl (God knws where they heard it frm)
b. how often will i get a chance to travel bac to mumbai..(how much time does it take?)
c. any tie ups with banks that xl has so that i can get a loan without any security?....also any scholarships???
hope havent offended any1 with d posts...jus d multiple doubts that r cropping up,,,...along with d excitement of converting it
Happy and relieved to be a part of XLRI BM now.
Name: Anupam Kumar
XAT : 99.72 (Applied for BM only)
GRAD: NITK Surathkal
Chemical Engineering.
Work ex: 8 months.
Ready to experience the awesome thing called "College" again.
All you worthy people who did nt get in ..... you must have smthng better in store. Feel happy bcoz pagalguy and its awesome puys are always thr for you.
I take this chance to thank Pagalguy for its help throughout the admission phase.
Thanks a lot all you wonderful people.
Was most of the interview really in Hindi? Or you have translated most of it?
MDI PGPM at Bangalore .....24/03/2009 at 9 30 AM
Started on time ....
GD topic: Is the joining of Indian rivers ...a good enough solution for the water crisis??? ( i dont remember the exact words..)
initially 1 min to think ...n ...ponder over it ...
Fair GD ...Very decent people....though points circulating ....sometimes...nobody was an authority ..so ... we could not kind of discuss is specifically ..jus kept on coming with ...varying contexts...around 10 mins ...we wer asked to stop..no decent conclusion came up ....
Was called in second ....first guy ...some 20 mins ...
had a. laugh with them ...they announced my father's name ....initially.
P1: u are wearing spects ...now ..not in photo.. shaadi keliye khinchawyi hai kya photo ??
Me: ;)no sir ....some crap ...i spoke.
P1: so ...u r from jharkhand...
me: yes, i am from bihar basically..i reside in jharkhand ....
P1: where ?
me: muzaffarpur.
P1: wt it famous for ??
me: litchis n khudiram bose
P1 to P2: khudiram bose??
P2: wo apna freedom fighter ...
P1: achcha ..achcha good...
P1 : bhai ...litchi ..ke liye famous
hai ...maine to wo maliyabadi ..aam sune the ...
me : haan sir ...aam bhi achche hain ..but ltchis ...world class...sir...exported ....to all around the globe.
P1: tumne khaye to honge ?
me: sir pura bageecha hai ....apna ...khub khaye hain ...
P1: good good...track chng karta hun yaar ...ok ??
me: fine sir ...
P1: thnx for allowing me to ....what is CDO ??
me: no idea sir....
P1: what is MBS ??
me: ( how cud i not say this ...yaar ..so stupid of me ...)
P1: sensex kal kitna badha???
me: exactly nahi pata sir ....
P1: kya yaar ..u hv come for MBA intrvw ...shud kno these thngs ...
me: hmm..yes sir
p1: subprime ?? in short ...
me: gave a crisp ...two line answer..correct one..
p1: aur batao yaar ??
me: started ..detail ...ct shrt ....wht ..cash flow in US ...why why ??
p2: laughing ....leave it...
P1: wht is lalu doin to congress to bihar ?? wht do u thnk ??
me: gyaan !!!
p2: diff b/w monetary n fiscal policy ??
me: specifically, no idea sir...
p2: hehe ...kya yaar ...achcha ....budget kya hota hai ??
me: gyaan !!
p2: (guided me thru ..income expndtr deficit...)
me: managed
p2: deficit kitta hai ..budget ka humara ???
me: sir 6-7 %
P1: no ...:wow:
me: sir actually about 11 % ...sab total kar ke ...
p1: yes tht rt...
p1: IPL ...kya ho raha hai ..yeh sab whts happening ? i need ur views ?
me: gyaan !!!
p1: wt more can we talk bout ???
me: sir ..i read a lot...i also ....
p1: bas bas ...reading hi kaafi hai ...
p1: wht do ya read ?
me: fiction.
p1: jaise ?don tell me ayn rand n dan brown please...
me: sab authors ..i told ..which i read...
p1: shakespeare? charles dickens ?
me: no sir.
p1: u read only pulp fiction ..thts boring.
p1 : do u kno ..satyajit ray ...did he write nythng ...or he only ..directed...??
me: to my knowledge ..i dont kno ..of his writngs ..sir...
p1: soem french author who is vaery famous..n writes shrt stories in english ??
me: dont kno sir..
p1: u kno somerset maugham ?
me: heard of him sir.
p1: his most famous book ?
me: sorry sir ..no idea.
p1: spell out his name...
me: correctly done.
p1" jeffrey archer's latest novel??
me: a prisoner of birth ...(actually thst the last one i read ..its not the latest..latest is paths of glory
p1: wht does jeffrey archer;s son do for a living ?
me: no idea sir
p1: wht does margaret thatcher's son do for a living ?
me: no idea sir
p1: wt else u do ..?
me: i surf the internet for any info ....on anythng..in my free time ...
i also played cricket...but ..some medical..issue ..si i dont do it now ...
p1: thts honest ...
me: hmm
p1: dhoni's peer group ...big star now ?? who's tht ??
me: all possible names ..i took ..
p1: i m talkin of as big star yaar ...
me: jus sat silently..
P1 to P2 : ask smthng ..
P2: no ...
P1: ok ....tht wud be fine ...
p1: anythng else u want to ask ?
me: thank you sirs...have a good day ..
p1: achcha ..us cat score ??
me : .....
p1: only PGPM u applied ...
me: yes sir ...
most of my answers were... "no idea, sir ..."
lets see wht happens .
second reject of the season inside three days ....
some doubts creeping in now ....
congrts to those who made it ...but am i tht bad ...not evn in the waitlist !!!!


text:
Mary MaryFollow Mary
33-year-old Female living in Chicago, IL USA
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Thee Oh Sees are a band from San Francisco, California, USA. The group began as an outlet for John Dwyer (of Coachwhips, Pink and Brown, Yikes, The Hospitals) to release his instrumental, experimental home recordings. Over the course of several album releases and genre transitions, Thee Oh Sees evolved into a full band with the current lineup featuring John Dwyer (vocals, guitar), Brigid Dawson (vocals, keyboard), Petey Dammit! (bass, guitar), Mike Shoun (drums), and Lars Finberg (drums, guitar). The band is noted for its prolific discography, energetic live shows, and whimsical visual aesthetic. In May 2014, the band became a trio with Brigid and Mike being replaced by Nick Murray (drums) and Timothy Hellman (bass).
The band has changed its name several times, previously being known as Orinoka Crash Suite, OCS, Orange County Sound, and The Ohsees.
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Officials in NASCAR's local running regional divisions often end up serving as the pin cushions of media members.
But give them credit, despite any issues media members might have with NASCAR's officials, you have to applaud NASCAR for at least not concluding race nights without an actual order of finish for the race going on.
** American Canadian Tour's Last Lap Rule Stirring A Recipe For Disaster, Especially At New Hampshire Motor Speedway **
Yes, we know that might sound confusing. An order of finish for the event, isn't that a given? Well no, it seems we're learning it shouldn't be expected at all.
We thought it maybe a fluke last year when the Pro All Stars Series visited Thompson International Speedway and ran an entire race and then took four days to decide who the winner actually was.
It's a fluke no more though. We're still waiting to find out an actual official or even unofficial final running order for the American Canadian Tour Nutmeg State 100 from Saturday at the Waterford Speedbowl.
This much we know: Brian Hoar was sent to the press box as the "winner" of the American Canadian Tour Nutmeg State 100 Saturday at the Waterford Speedbowl.
And track officials interviewed Randy Potter and Tim Jordan on the track after the race as the supposed second and third place finishers respectively.
Yes, we saw all that.
But does that mean that's really the first, second and third place finishers of the Nutmeg State 100?
That's the question we're left with today.
Well, just one of the questions we're left with today.
None of the questions seem like anything ACT officials were in any mood to answer last night or today.
The Nutmeg State 100 ended in wild and confusing fashion as race leader Brad Leighton was hit by the lapped car of Howard Payne coming off turn 4 on lap 99. Leighton was embroiled in a battle for the lead with Hoar at the time of the accident.
Immediately following the accident ACT officials threw the checkered flag on the race as cars ran down the frontstretch through the mayhem wrought by the lap 99 accident. It was a chaotic and confusing scene to say the least, and the confusion was left to fester by an ACT race crew that was gone before any questions could even be asked.
Despite the fact that there was a recognized "top-3" after the event, a source close to the situation said the top-3 finishers were asked to return their trophies after the event until the finish can be further reviewed and dissected. ACT officials never put out any sort of documented finish of the event.
And as of 7 p.m. Sunday there is still not a single word on ACT's official website concerning the finish at Waterford or the race action or even any sort of mention of the race being under any sort of review. There is a full story concerning Patrick Laperle's victory in ACT's Canadian based Castrol sponsored series Saturday.
ACT officials were gone from the pits at Waterford not much more than hour after their event conclusion on Saturday night and did not respond to e-mail inquiries on Sunday.
For much of the 2009 season ACT has earned praise from the New England racing media as excitement builds for the division's first ACT Invitational on Sept. 19 at New Hampshire Motor Speedway.
When it comes to the event, some have wondered if many of the racers of the division and the weekly racers that will get invitations will be ready to handle the 1.058-mile New Hampshire Motor Speedway. Maybe the real question after last night would be to ask if the sanctioning body is itself is ready to put on an event of the magnitude of the ACT Invitational? The post-race debacle of the Nutmeg State 100 doesn't seem to indicate that ACT is even close to ready for New Hampshire.
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Music IPOs Lose Beat
TheStreet -- They have a good beat, but can you dance to their tune? Music IPOs that is. Investors like these public offerings because of the "cool" factor. Music is cool. Making money on music is even cooler. Unfortunately these music stocks can hit some off-key notes, leaving investors in the awkward position of clapping for an encore that never comes.The legendary Fender name is the latest rock star now appearing on the IPO calendar. What stock could be cooler than this iconic guitar maker? It's number one in its market and has links to the birth of rock and roll. Fenders were the preferred strumming instruments of Buddy Holly, Kurt Cobain and Jimi Hendrix. Even today Fender is associated with big-named artists; among the brands they own is the EVH line of guitars (that's Eddie van Halen for the uninitiated.) Top-line growth has picked up in the past few years with net sales rising to $700 million in 2011 from $612 million in 2009. The company saw a year-over-year increase of $3 million in the first quarter of 2012. Most of Fender's sales come from outside the U.S. The company plans on expanding even further in China and India and has done well fighting off competition from Gibson, another legendary name. Fender's biggest problem is its biggest customer, retailer Guitar Center. That single client accounts for 15% of its sales. Moody's recently downgraded Guitar Center and said the company could default on its debt. That scenario would be bad news for Fender, which is currently owed $11 million by Guitar Center. Fender has also hurt itself by relying on limited sources for their raw materials. The provider of a special paint used on the guitars, for instance, unexpectedly went out of business. Fender also uses exotic woods that have come under scrutiny from the preservationists and their amp tubes--the source of the big electronic sound-- are produced in places like China, Russia and the Czech Republic. Fender is seeking to sell $150 million in the IPO, and it plans to use its share of the proceeds, which it estimates as netting out at $88.2 million, to pay down a portion of its term loan. Currently 64% of its earnings go to paying interest on roughly $257 million in total debt. It is taking advantage of the JOBS act and defining itself as an "emerging growth company." That means no Sarbanes-Oxley auditor attestation, reduced disclosure of executive pay and no say-on-pay votes. The company is expected to price its offering next week, selling a total of 10.7 million shares at between $13 and $15 each. A selling shareholder is selling 3.6 million of those shares. You may feel like a rock star buying Fender stock and, who knows, there's always a chance its shares will soar like Led Zeppelin's Stairway to Heaven. But, given the size of that debt load and the questions surrounding its biggest customer, it's probably wiser to hold off on humming a happy tune just yet. -- Written by Debra Borchardt in New York. >To contact the writer of this article, click here: Debra Borchardt. >To follow the writer on Twitter, go to http://twitter.com/wallandbroad. >To submit a news tip, send an email to: email@example.com YORK (
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I haven't followed this nor thought it through. So, I'm not sure that it was such a bad idea to have a politician in the job. Nor, is it clear to me that he doesn't have a good point about the damage done through the reversal to the independence of the Commission.
I would note that once or twice upon a time I had occasion to complain to that body about the obvious, if technical, mal-funding of Hartford mayoral campaigns prior to the institution of the "strong" mayor. I was not impressed with the quality of its work. In general, the whole campaign finance regulatory strikes me as fundamentally misguided and hopelessly complex.
Colin, the argument against Giuliano was that he would politically taint an office that is supposed to be objective.
Isn't the SEEC's withdrawal of the offer to him in view of political pressure, though, proof that the office IS politically tainted?
More bluntly, if the SEEC objectively determined that Giuliano was the best candidate, yet some legislators voiced their objections and the SEEC backed down, isn't that proof that political pressure can influence the process?
What if Giuliano is the most qualified guy for the job? The SEEC is going to get someone who is less qualified, simply because Democrats are worried that he's a Republican?


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Article Preview
SPASSKY ILLNESS POSTPONES CHESS; Champion Following Pattern of Other Fischer Rivals
By HAROLD C. SCHONBERGSpecial to The New York Times ();
August 14, 1972,
, Section , Page 24, Column , words
REYKJAVIK, Iceland, Aug. 13 -- The 14th game of the world championship chess match was postponed today after the champion, Boris Spassky of the Soviet Union, pleaded illness.
August 14, 1972
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text:
Export 22 results:Author [ Title] Type Year
Filters: Keyword is LII [Clear All Filters]
Two-dimensional imaging of soot volume fraction by the use of laser-induced incandescence. Applied Optics. 1995;34:7083-7091. Available at: http://www.opticsinfobase.org/abstract.cfm?&id=45889..
Two-color time-resolved LII applied to soot particle sizing in the cylinder of a diesel engine. Combustion and Flame. 2006:submitted..
Sizing soot and micronic carbonaceous particle in spray flames base on time resolved LII. Experimental Thermal and Fluid Science. 2003;27:455-463..
Size distributions of nanoscaled particles and gas temperatures from time-resolved laser-induced incandescence measurements. Applied Optics. 2003;42:2021-2030..
Progress in characterization of soot formation by optical techniques. Physical Chemistry Chemical Physics. 2002;4:3780-3793.
Nano-particle sizing by laser-induced incandescence (LII) in a shock wave reactor. Shock Waves. 2003;12:351-360..
Modeling laser-induced incandescence of soot: Enthalpy changes during sublimation, conduction, and oxidation. Applied Physics B. 2008;93:645-656. Available at: http://dx.doi.org/10.1007/s00340-008-3181-5.
Mesures de la taille et de la concentration de la suie dans une flamme laminaire premelangee. International Review of the Institut Français du Petrole. 2005:in press.
Laser-induced incandescence for soot particle size and volume fraction measurements using on-line extinction calibration. Applied Physics B. 2001;72:367–372. Available at: http://dx.doi.org/10.1007/s003400100504..
Laser-induced incandescence applied to droplet combustion. Applied Optics. 1995;34:1103-1107..
Laser-induced incandescence and Raman measurements in sooting methane and ethylene flames. Physical Chemistry Chemical Physics. 2002;4:2063-2071..
Influence of the cumulative effects of multiple laser pulses on laser-induced incandescence signals from soot. Applied Physics B: Lasers and Optics. 2011;104(2):321-330. Available at: http://dx.doi.org/10.1007/s00340-011-4535-y..
Influence of soot particle aggregation on time-resolved laser-induced incandescence signals. Applied Physics B: Lasers and Optics. 2011;104(2):331-341. Available at: http://dx.doi.org/10.1007/s00340-011-4470-y.
In-cylinder sizing of diesel particles by time-resolved laser-induced incandescence (TR-LII). Proceedings of the Combustion Institute. 2002;29:2775-2782..
High-vacuum time-resolved laser-induced incandescence of flame-generated soot. Applied Physics B: Lasers and Optics. 2011;104(2):439-450. Available at: http://dx.doi.org/10.1007/s00340-011-4450-2..
Examination of wavelength dependent soot optical properties of diesel and diesel/rapeseed methyl ester mixture by extinction spectra analysis and LII measurements. Applied Physics B: Lasers and Optics. 2011;104(2):253-271. Available at: http://dx.doi.org/10.1007/s00340-011-4416-4.
Diesel engine combustion studies in a newly designed optical-access engine using high speed visualization and 2-D laser imaging. SAE Technical Paper Series 930971. 1993..
Constraints of two-colour TiRe-LII at elevated pressures. Applied Physics B: Lasers and Optics. 2011;104(2):427-438. Available at: http://dx.doi.org/10.1007/s00340-011-4432-4..
Complications to optical measurements using a laser with an unstable resonator: A case study on laser-induced incandescence of soot. Applied Optics. 2007;46:8095-8103..
Comparison of laser-induced incandescence method with scanning mobility particle sizer technique: The influence of probe sampling and laser heating on soot particle size distribution. Measurement Science & Technology. 2005;16:1477-1486.
Characterization of laser-heated soot particles using optical pyrometry. Proceedings of the American Institute of Aeronautics and Astronautics. 1998;36:Paper no. AIAA 98-0159..
Assessment of soot volume fractions from laser-induced incandescence by comparison with extinction measurements in laminar, premixed, flat flames. Proceedings of the Combustion Institute. 1996;26:2387-2395..


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Home News Local News Safe Place for Students
Safe Place for Students
By CHRIS COLLINS
Of the Baker City Herald
Couches and a recliner have replaced the rows of student desks that last year lined Room 116 at Baker High School.
The more comfortable setting is designed to lure students into the room to seek comfort, advice and information. It is home to a new program the first of its kind in Northeastern Oregon schools titled "Youth, Community, Schools Connected."
The program's goal is to help the school work smarter to make better use of declining dollars available to serve teen-agers, said Patti Alexander, BHS assistant principal. Rather than the traditional model of schools operating in isolation, the program brings employees from various agencies into the building to work with students in the setting where the young people spend a good portion of their time.
"This is a new idea we're working through as far as really putting kids first," Alexander said.
Tammy Bloomer, mobilization coordinator for the Baker County Prevention and Education Center, will oversee the program. She and Alexander developed the concept after attending a national prevention symposium in San Francisco this summer.
Several students already have taken the opportunity to eat lunch in the lounge setting. In the first week of school, 59 students had visited the center.
"One of the goals is to provide a place for kids who don't have any place to go for lunch and before and after school," Bloomer said.
Her position is funded through a Drug-Free Community grant. Other agencies have donated time and resources and the school is providing the space for the program.
"This is another option for kids to be connected to the school and to the community," Alexander said. "The more familiarity kids have with adults in the community, the less likely they are to be involved in negative behaviors."
And the hope is that if students visit the center on their own because it's a comfortable place to be, they will take advantage of the services offered for themselves or get help for a friend if the need arises.
"It's an opportunity for kids to have access to a variety of services," Alexander said. "The goal is to be real positive, with an emphasis on mentoring and community service while also providing an emphasis on the alcohol and drug piece."
The alcohol and drug issue came up during senior exit surveys this spring that showed that 75 percent of the 122 students who responded did not "feel that Baker High School campus was alcohol and drug free."
Through a follow-up question on the issue, school officials learned that most students didn't believe drugs and alcohol were being used on campus. However, 43 percent of the students surveyed said they believed students used alcohol off campus and 32 percent said they believed students used drugs off campus.
The school and prevention education program hope to combine forces to address those issues, Alexander said.
In accordance with best practices as presented at the national conference, Bloomer will use prevention education to help students steer clear of alcohol and drugs. She will meet with freshmen English classes to discuss topics such as healthy coping skills, problem-solving techniques and to speak about school policies and enforcement of school rules against bullying.
She also will work with students in conjunction with Josh Bryant, Baker City Police school resource officer. And she will help link students with mentoring programs in the community and with opportunities to volunteer through projects such as after-school craft programs, Lunch Buddies and literacy tutoring.
Bloomer also will fill a void left when the leadership class was cut from the high school budget. She will meet with student leaders in Room 116 to help organize their efforts to lead the student body in community service projects and other special programs throughout the year.
Bloomer and Shannan Myers, mentoring and skills coordinator for the Baker County Prevention and Education Center, will alternate their time in Room 116 during September between the hours of 7:30 a.m. and 4 p.m. Monday through Thursday and from 7:30 a.m. to 2:30 p.m. on Fridays, when students are released at 1:30 p.m.
September's schedule also calls for Deputy Dee Gorrell of the Baker County Sheriff's Office and his drug-sniffing dog, Reed, to be at the school each Friday from 11 a.m. to 1:30 p.m. Bob Evans of the Baker County Literacy Program will visit the room Tuesdays and Thursdays from 2:30 p.m. to 3:30 p.m. and a representative from MayDay will be available to discuss domestic violence issues with students from 11:30 a.m. to 12:30 p.m. Thursdays and from 10:30 a.m. to 11:30 a.m. Fridays.
Representatives from these agencies also will be available in Room 116 throughout the week:
oBlue Mountain Addictions, 11 a.m. to noon, Monday through Thursday.
oBaker County Juvenile Department, 12:30 p.m. to 2:30 p.m., Monday through Thursday; and 11:30 a.m. to 1:30 p.m. Friday.
oMountain Valley Mental Health, 1 p.m. to 4 p.m. Monday; 7:30 a.m. to 10:30 a.m., Wednesday.
Bloomer is especially appreciative of the donated materials used to establish the center and for the efforts of professionals to help students.
"Everyone thought it was wonderful," she said. "It was really a neat process, how willing everyone was to give their time."
She and Alexander hope that the integrated services project will have side benefits as well.
"With money as short as it is, when grants come in they're looking for best practices and integrated services," Alexander said. "We're hoping not only is it great for kids, but we hope we can generate more money for more options in the community."


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Most Underrated Classic Rock albums?
I was listening to "Caress of Steel" this morning and wondered:
What are the most underrated albums of all time?
Any ideas UG?
the majority of Rush's discography.
Gravy Train, a prog rock band from the 70s, their albums are worth a good listen :) check out the album 'staircase to the day' :)
Vintage VS6
Line 6 Spider IV 15 watt
For me it's 'Games Dames and Guitar Thangs' by Eddie Hazel.
I think it's like one of the most rare rock album there is. The two covers in there - I Want You (She's So Heavy) and California Dreaming are out of this world!
see for yoursef:
Age Machine by Spirit Of John Morgan
Hydrotoxin. Great 70's prog rock band. Only one album I know of and that would be 'Oceans'. Only 4 songs from it are on youtube, and you'd be VERY lucky to ever see it in your life.
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No angel costume is complete without a nice pair of wings. With the Angel White Feather Wings, you can put the finishing touches on your angelic look, or wear them on their own with something sexy for a seductive angel. People may wonder how you got into heaven when they see you, but they'll be distracted from that pretty quickly.
Our Price: $4.99
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One-off road bike based on a GP45 racer
SHOEHORNING an Aprilia SXV450 into a lightweight road racer created the GP45 Super Twins series, now the race bike has become a road-legal special.
In a bespoke build for a customer, the special uses the 450 Aprilia twin as a donor. The engine remains encased in the supermoto bike's chassis with custom moulded GP45 fairing and seat unit, taking the bike away from its roots. The engine is standard keeping the 60bhp and overall the bike weighs 120kg.
The GP45 SXV450 is suspended on Marzocchi USD 43mm race forks and the standard Sachs rear shock has been shortened to the spec of the race seres. Wheels of the bespoke SXV450 sports bike are Marchesini Magnesium GP race wheels, taken from Rattapak Willarot's Honda 250GP bike, with braking from the radial calipers of the Aprilia supermoto on wavy discs.
The price of the build has been kept confidential, but a basic kit for a self-built model costs £5300, not including the donor bike.
GP45 Road Bike Spec Sheet
Base Bike - Aprilia SXV450 2008Forks - Marzocchi USD 43mm Race ForksYokes - GP45 Super Twin "Gull Wing" Race YokesWheels - Marchesini Magnesium GP Race Wheels ( From Rattapak Willarots 250GP Bike )Brakes - Braking Wavy Discs with SXV Radial CalliperClipons - GP45 RaceFairing - GP45 SXV TypeSeat - GP45 SXV Type ( twin exhaust outlet )Rear Shock - Standard Sachs ( Shortened to GP45 Race Spec )Rear Sets - Adjustable GP45 Super Twin Race KitDigital Dash - Race Technology Dash 2 ( incl Revs, shift lights, mph & gear indicator )Fairing Mounts - GP45 Super Twin KitBrake Disc Carriers - Bespoke Engineering by "Ashleys of Yeovil"Tyres - Michelin Pilot PureRear Lights - LED Indicators / Rear Lights.Front Lights - Scooter Twin HeadlightsMirrors - Built in indicatorsFuel Tank - GP45 Super Twin Race Kit 10ltr (internal fuel pump from donor bike )Rear Bobbins - GoFasterBits.co.ukEngine - StandardPaintwork - Bespoke paintwork to customer spec
For more information on the race series visit: www.gp45.co.uk
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text: A nonprofit group says 16 state lawmakers are millionaires, and there could be more. Of the 16 who have been identified, 13 are Republicans and 3 are Democrats. Virginia's new Democratic Governor, Terry McAuliffe (pictured), is a multi-millionaire. The Virginia Public Access Project looked at the personal finance forms of all 139 members of the General Assembly. Lawmakers do not have to provide the exact value of stock holdings and investments. They can file a broad range of worth on the required forms, and they don't have to dislcose real estate holdings. That means likely there are more millionaires serving in the General Assembly.


text:
Abstract 00/01-03
Summary of Facts Provided
An attorney's fee agreement states that clients will be billed expenses equal to a flat percentage of the attorney's total hourly billings. The attorney does not separately itemize expenses for computerized legal research, long distance, photocopying, or similar out-of-pocket expenses.
Issues and Conclusions
The issue presented is whether it is ethical for an attorney to include in a fee agreement a charge equal to a flat percentage of the attorney's total hourly billings to compensate for the client's expenses.
If the attorney and the client both agree in advance to this billing arrangement and it is reasonable, an attorney may charge clients a flat percentage of the attorney's total hourly billings to compensate for the client's expenses. Rule 1.5(a) of the Colorado Rules of Professional Conduct states that an attorney's fee must be reasonable. In establishing an attorney-client relationship, the attorney should promptly establish an understanding of how fees will be computed, including an identification of any hourly charges or fixed amounts that will be part of the attorney's fee.
ABA Formal Ethics Opinion 93-379 (1993) addressed the ethical considerations of charging clients for overhead expenses and other out-of-pocket expenses. In that opinion, the American Bar Association was troubled where an attorney submitted a bill to a client that included charges for general office overhead, but stated that such a practice may be reasonable if the client was informed of the attorney's practice of charging for general overhead expenses before receiving a bill. The opinion also concluded that an attorney may pass onto the client reasonable charges for expenses incurred on the client's behalf, such as photocopying and computer research, provided both parties agree in advance to the amount charged. In the absence of an agreement between the parties, a lawyer may charge only the direct cost associated with the service (i.e., the actual cost of making a copy on the photocopier) plus a reasonable allocation of overhead expenses associated with the provision of the service (e.g., the salary of the person operating the photocopier).
Viewing Rule 1.5(a) in conjunction with ABA Formal Ethics Opinion 93-379, an attorney would ultimately be required to demonstrate that the flat percentage basis for computing expenses was reasonable. If the attorney can justify the reasonableness of the charges and the client agrees to this billing arrangement before the attorney begins employment, expenses may be billed as a flat percentage of the attorney's total hourly billings, but the Committee believes the attorney should disclose to the client the types of expenses incurred in the operation of a law practice that will be subsumed within the flat percentage so that the reasonableness of the fee can be justified.


text:
Hey Paul, I just read this article, and I was wondering if you ever wrote a follow-up.
Originally Posted by Paul Stagg
All information and articles here are from articles in Monster Muscle Magazine
A new year, a new road.
by Paul Stagg, ®2000
The Beginning
As Owen and Pete walked on stage, I marveled for a moment at the courage it took both of them to do it. Ignoring the hard work, dedication, suffering, and at times misery of contest preparation * these two guys had the balls to walk on stage in Speedos and show their hard work to the world. (Okay, not the world. Just the 60 or so of us in the audience.) I've known Owen and Pete for about a year. Both had taken my advice. Both had asked me questions regarding training and nutrition. But I never have been in the position (read: haven't had the courage) to do what they¹ve done.
Oh, I have all my excuses. My genetics suck for bodybuilding. I hate dieting, and have difficulty getting lean. I had to
go to work; I had to go to school. I didn't have the time to dedicate wholeheartedly to a competition. I was just happy
lifting and looking better, being healthier, all that jazz.
I've been lifting pretty seriously for over 6 years. I look like I lift, but I'm certainly not someone who stands out in a
crowd. And the more I think about it, the more trouble I'm having staying motivated. I'm coming off of one of my worst
training years yet. I spent over 4 months doing nothing but working and renovating a house - leaving no time to do
anything but work, eat, and sleep. Once that project was completed (is it ever completed?), I spent a few months in
my new house spending time with my girlfriend, time just together, NOT working on the house. I didn't want to give
that up to go lift, and rightfully so. It was the holidays, and we just wanted to rest and enjoy ourselves. Sometimes,
real life is more important. I finally did get back in the gym, and started a very successful dieting phase. Eight weeks
into that, my results were fantastic. The diet was working, I was getting stronger, and I looked great. Then, as is
common in those of us approaching 30 years of age, injury interfered. I sprained my back. Twelve weeks of visits to a
chiropractor, and of course, no lifting. Add another excuse to the bag - I've got a glass back. It goes out if I sneeze.
Following that, I just didn't have the drive. I had no goals, and was disappointed in myself for not reaching (or even
really giving much of an effort) the goals I had set for myself. I wanted to bench 300, squat 400, and deadlift 500 on or
before my 30th birthday. Since I spent my birthday sitting in pain, those goals did not come to fruition.
After another few months of spinning my wheels, trying to relearn form and diet a bit, I went on vacation * the first
traveling I'd done in a few years. I rested, drank, got a tan, and revisited some of the things I want to accomplish, not
only in lifting, but also in life.
The end result - I realized I need a goal to work towards. And I think it needs to be a public one.
So there I am, watching Pete and Owen, both in their first contest, both looking great, and both proud as can be.
Listening to my girlfriend ask, "How can they do that?" "Do YOU want to look like that?" "They are so lean it hurts me
to look at them."
In explaining how hard they had to work to do that, and explaining the dieting, dehydration, tanning, and misery, I
had another revelation. I have to be a powerlifter. (I am not getting on stage in a Speedo.) Funny, I had considered it
before, but never very seriously. I mean, I'm strong compared to the average guy, but I'm no Ed Coan. I'm fairly tall at
5'11" and I have pretty long limbs, so I'm certainly not built to squat or bench. I suppose I'm a decent deadlifter, but my
height doesn't help. I had always figured bodybuilding was where I would focus, it is what I've always been more
interested in. The more I thought about it, the more I wanted my lifts to count, and not how nice my physique looks.
Over the course of the next several months, I am going to take you along on my quest to compete in my first
powerlifting contest. I plan to spend about a year getting ready for it. I expect to be competing in October of 2001, in
a drug-tested event held near my home in Baltimore. I'll finalize the details on that as we get closer to the date.
The Goals
In my case, the goals are pretty straightforward. The main goal is to compete as a powerlifter in October of 2001.
In that meet, I will total at least 1200 pounds, and preferably 6x my bodyweight, wearing only a belt. I will also attain
and maintain a body fat percentage of 12% or lower.
I am not aware as yet of a powerlifting meet in my area in October of 2001. (There is one in December.) I will need
to locate one and make sure I can meet the eligibility requirements. Obviously local is better than having to travel, but
I can get to PA, VA, or DC.
The weight total simply came from the standards mentioned in Stewart McRobert's book, Beyond Brawn, where he
says that an impressive bench press is 1.5 timed bodyweight, squat is 2 times bodyweight, and deadlift is 2.5 times
bodyweight. Thus giving me 6 times bodyweight as a total. Since I believe I will compete at around 200 pounds, I will
total 1200. Further, those are nice round numbers - 300 bench, 400 squat, and 500 deadlift. If I end up heavier (I'm
208 as I begin the journey at the beginning of October 2000) I'll adjust.
At the beginning of this trek, I am somewhere in the neighborhood of 15% body fat. I'll need to diet at some point to
get it down, and I will probably get it down to 10% or less giving me some room to get bigger as the contest approaches.
One thing to keep in mind - I don't care if I win. I know these things can be flighty, and I know I could end up the only
guy in my weight class, or I could be one of twenty. I'm doing this for me. If it turns out I'm actually really good at it,
I'll try to win next time.
The Plan
Unfortunately (or fortunately, depending on how you look at it), I am still concerned about my appearance, and do
want to remain lean. Actually, I want to be leaner than I am. I would also like to gain some muscular size. So, that has
to be a consideration. Obviously, that is a conflicting goal with gaining strength, but what the heck. It's my goal. So, I
need to outline approximately a year of training, keeping in mind that I want to do the following things:
Get stronger
Get bigger
Get leaner
First up, I'm coming back from bit of a layoff, and a very poor period of training. So, I think I need to focus on
getting bigger and stronger, and just keeping my body fat in check.
I like to break things into smaller periods, and set time limits. I also know myself, and I know my limitations. Each
period of the year I will have to keep both training and diet at the forefront of everything I do.
Starting on October 1, I will simply focus on getting bigger and stronger, worrying only slightly about body fat. I will
continue this cycle until the end of January, 2001. During this time period, I will train more like a bodybuilder, focusing
on improving conditioning, size, and perfecting form on the three lifts. I also just want to focus on training hard,
getting back that enjoyment I've had in the past, and progressing on all of my lifts. My training for the first four months
is a pretty typical bodybuilding four-day split, 2 on, 1 off.
Day 1 Legs
Day 2 Shoulders/biceps
Day 3 Off
Day 4 Back/traps
Day 5 Chest/triceps
Day 6 Off
Certainly I can add additional rest days as I need them. Further, I need to outline the workouts for this period.
Certainly I need to focus on the 3 lifts, but I don't want to neglect anything, and I don't want one lift to suffer over
the others.
Due to my back injury, my most difficult lift in terms of form is the squat; so I will squat throughout the 4 months,
dropping the movement once every 3 or 4 weeks in lieu of front squats or hack squats. I will bench the same way. In
order to protect my lower back, I am going to only deadlift on the weeks I do not squat. The reason I drop the deadlift
is that it is the least form sensitive from a competition standpoint, and I feel I can do it safely. Further, my limiting
factor on the deadlift is pulling off the floor, so the squats will improve my deadlift poundage without the need to risk
overtraining or injury by trying to do both at this point. The starting points for all of the lifts (my most current
personal bests):
Bench 235x5
Squat (deep) 245x5
Deadlift 315x5
A brief note about squatting. One of the things I've noticed watching some powerlifters in my gym is that they
occasionally will load a bar and make an attempt, and not get deep enough. I'm taking the approach that I will allow
my poundage to suffer a bit, and be certain that the depth is good enough for the lift to count. So for now, I'll train the
squat deeper than is required.
I also happen to think that from an aesthetic standpoint, deeper squats result in more complete development.
My diet during this period will not be strict. I will simply require 240g of protein a day and 5 servings of vegetables
each day. I'll eat 6 times a day (or at least most days), but not worry if I miss a meal or two. Other than that, I'll eat
whatever I want. This is my favorite way to diet. My goal is to reach 220 pounds by Dec 31.
On February 1, I will begin dieting to get my body fat down to 10%. I expect to have to diet for 12 weeks or so, and
will use pretty standard dieting techniques. I may use a TKD, as I have has success with that, and it will give me
something interesting to write about. I will hopefully end this diet in April at somewhere around 200 pounds, at 10%
body fat. I'll be able to set more concrete goals in January when I know how big I'll be and how far I have to diet.
At the beginning of May, I will begin specific powerlifting training, and continue that up to the contest date * which
will be about 6 months away. By this time, I will know exactly when the contest is, and what my goals are. Prior to May,
I'll be spending some time learning as much as I can about powerlifting training, probably focusing on Westside
methods. I know a few folks who I think will be able to help me, and I lift in a gym that has a very high number of
Hopefully I'll be writing installments, and the next one you see will be my progress through the first 2 months or so of
my training and diet.


text:
Telithromycin is an antibiotic. Telithromycin helps the body fight infection that is caused by bacteria.
Telithromycin is used to treat bacterial infections in the lungs and sinuses.
Telithromycin may also be used for purposes not listed in this medication guide.
Telithromycin may cause sudden and serious liver damage. In rare cases, liver failure can develop and may cause death. Stop using the medication and call your doctor right away if you have nausea, stomach pain, low fever, loss of appetite, dark urine, clay-colored stools, or jaundice (yellowing of the skin or eyes).
You should not take telithromycin if you have a muscle disorder called myasthenia gravis, if you are taking cisapride (Propulsid) or pimozide (Orap), or if you have kidney or liver disease AND you are also taking colchicine (Colcrys).
Do not take this medication if you have ever had an allergic reaction or liver problems caused by telithromycin or similar antibiotics such as erythromycin (E.E.S., Ery-Tab, Erythrocin, EryPed, Pediazole), azithromycin (Zithromax), clarithromycin (Biaxin), troleandomycin (TAO), or dirithromycin (Dynabac).
Take this medication for the full prescribed length of time. Your symptoms may improve before the infection is completely cleared. Skipping doses may also increase your risk of further infection that is resistant to antibiotics. Telithromycin will not treat a viral infection such as the common cold or flu.
You should not take this medication if you are allergic to telithromycin, or if you have:
To make sure you can safely take telithromycin, tell your doctor if you have any of these other conditions:
FDA pregnancy category C. It is not known whether telithromycin will harm an unborn baby. Tell your doctor if you are pregnant or plan to become pregnant while using this medication.
It is not known whether telithromycin passes into breast milk or if it could harm a nursing baby. Do not use this medication without telling your doctor if you are breast-feeding a baby.
Telithromycin may cause sudden and serious liver damage. In rare cases, liver failure can develop and may cause death. Stop using the medication and call your doctor right away if you have nausea, upper stomach pain, itching, loss of appetite, dark urine, clay-colored stools, jaundice (yellowing of the skin or eyes).
Get emergency medical help if you have any of these signs of an allergic reaction: hives; difficult breathing; swelling of your face, lips, tongue, or throat.
Stop using telithromycin and call your doctor at once if you have a serious side effect such as:
Less serious side effects may include:
This is not a complete list of side effects and others may occur. Call your doctor for medical advice about side effects. You may report side effects to FDA at 1-800-FDA-1088.
This medication may cause blurred vision and may impair your thinking or reactions. Be careful if you drive or do anything that requires you to be alert and able to see clearly.
Antibiotic medicines can cause diarrhea, which may be a sign of a new infection. If you have diarrhea that is watery or bloody, stop taking telithromycin and call your doctor. Do not use anti-diarrhea medicine unless your doctor tells you to.
If you also use theophylline (Elixophyllin, Theo-24, Theochron, Uniphyl, and others), avoid using it within 1 hour before or after you take telithromycin.
There are many other drugs that can cause serious drug interactions if you take them together with telithromycin. Tell your doctor about all other medicines you use, especially:
Many other drugs can interact with telithromycin. Below is just a partial list. Tell your doctor if you are using:
This list is not complete and there are many other drugs that can interact with telithromycin. Tell your doctor about all medications you use. This includes prescription, over-the-counter, vitamin, and herbal products. Do not start a new medication without telling your doctor. Keep a list of all your medicines and show it to any healthcare provider who treats you.
Take this medication exactly as prescribed by your doctor. Do not take it in larger amounts or for longer than recommended. Follow the directions on your prescription label.
Telithromycin can be taken with or without food.
Do not crush, chew, or break the telithromycin tablet. Swallow it whole.
Telithromycin is usually taken once a day. Follow your doctor's instructions. Try to take telithromycin at about the same time each day.
Take this medication for as many days as it has been prescribed for you even if you begin to feel better. Your symptoms may start to improve before the infection is completely treated. Telithromycin will not treat a viral infection such as the common cold or flu.
Store this medication at room temperature away from moisture and heat.
Seek emergency medical attention if you think you have used too much of this medicine. Telithromycin is not expected to cause overdose symptoms.
Take the missed dose as soon as you remember. If it is almost time for your next dose, skip the missed dose and take the medicine at the next regularly scheduled time. Do not take extra medicine to make up the missed dose.
Copyright 1996-2016 Cerner Multum, Inc.
Latest Update: 11/5/2014, Version: 4.01


text:
So, You Bought the New York Observer
Unsolicited advice for new owner Jared Kushner.
Congratulations on your ascension as a vanity press mogul. You're not the first moneyed fellow to stretch your personal and social horizons by purchasing or publishing a newspaper, and you won't be the last. You're supposed to have paid less than $10 million to grab a controlling interest in the Observer, which is a bargain price to acquire a seat at the prestigious media table. Out in Los Angeles, David Geffen, Eli Broad, and Ron Burkle are soiling themselves in public for the opportunity to pay billions to acquire the not-for-sale Los Angeles Times.
As a vanity press mogul, you join a bag of mixed nuts. There's real estate's revenge on journalism, Mortimer Zuckerman, who runs (into the ground) U.S. News & World Report and the Daily News; Philip Anschutz litters driveways with his free daily Examiners in D.C., S.F., and Baltimore; and Bruce Wasserstein extends his claim to being the toughest guy in the room with the American Lawyer and New York. David Bradley conducts etiquette lessons at the National Journal and the Atlantic; Martin Peretz makes the world safe for Israel at the New Republic; and convicted felon Rev. Sun Myung Moon is at this moment preparing us all for the rapture, Korean-style, with the Washington Times and UPI.
As a longtime New York Observer reader, I wish you and it the very best. I hope you profit from these words of advice.
To begin with, what's your Rosebud? David Carr's or Kit Seelye'sNew York Times pieces didn't explain the origin of your interest in journalism. The average vanity press mogul hopes to save mankind, punish his enemies, boost his status, or revisit the remembered glories of putting out a high-school newspaper. Harvey Weinstein didn't have a Rosebud when he started Talk, and look at what happened to him. If you don't have a Rosebud, get one, even if you have to make one up. Rosebuds do double-duty as life preservers when everything melts and you need to float above the mess you've created.
You're young—25—and you come from money—your father, Charles B. Kushner, made his millions as a New Jersey developer. Nobody worth knowing resents you for either, so stop protesting that you bought the Observer with the pin money you made flipping Cambridge real estate while a Harvard undergrad, even if it's true. Americans expect the rich to be lippy about their dough. Also, don't apologize for the fact that your father is doing jail time for, among other things, campaign-finance violations. The next time somebody pokes you about your dad, grin and say, "Unlike so many disgraced capitalists, he's not in jail for how he made his money, but how he spent it."
Speaking of Rosebud and your relative youth, why hasn't the press compared you to Charles Foster Kane until today (the Guardianand the Independent)? I suggest that you watch Citizen Kane a couple of times for inspiration and drop hints to reporters about the parallels. I also have a great Kane line for you to pinch. When young Kane's financial guardian asks if the muckraking he's doing with the New York Inquirer is his idea of how to run a paper, Kane retorts, "I don't know how to run a newspaper, Mr. Thatcher. I just try everything I can think of." There's your motto!
Now, on to the challenge. Observer founder Arthur L. Carter is like Hezbollah: He has succeeded as owner by merely surviving, but the city will judge you a failure if you just survive. Spend beyond Carter's alleged $2 million annual losses to pave a road to profitability. You already informed the Times of your intention to apply more resources to the paper's beats. If need be, flip some more real estate, because you're publishing in the most expensive and competitive market in the country. Restore the second section to the paper by early fall, or else it will look like you're running the paper on the cheap and nobody will take you seriously.
The good news is that people do take the Observer seriously. It possesses a reputation beyond that of any weekly newspaper in the world that alleges a circulation of 50,000. (How honest are those figures, Jared? I'd love to read an Observer exposé on them.) Among the secrets to the paper's success has been its voluminous and knowledgeable coverage of the press, New York power and politics, and real estate. Ron Rosenbaum is sui generis. The paper also looks gorgeous. I can't say enough about the Philip Burke, Drew Friedman, Victor Juhasz, and Robert Grossman cover illustrations. The typography and design makes the paper a joy to read, and I've even come to adore the peach newsprint. Folded into heavy cream in a Cuisinart, it makes a winning dessert.
If the Observer is so great, why don't more people read it? Perhaps because 1) they don't know about it, and 2) it really isn't that great. It takes nothing away from Peter Kaplan's stunning performance as the Observer'seditor to point out that too many Page One stories start out brilliantly but peter out after the jump to the inside. My guess is that the editorial tailors don't have sufficient time to restitch all half-dozen stories that run on the cover; that the reporters don't have enough time to adequately report their stories; and that some don't have enough reportorial experience.
All this excuse-making is bad enough if you're running the standard found-on-the-floor alt-weekly, but it's deadly when you're publishing a newspaper about the New York City elites. It hurts to say so, but the Observer is a power book with a four-cylinder engine under its covers. Boost the paper's credibility by spending more on reporters and editors, young Jared! Also, the Observer's well-deserved reputation as the top farm team for New York journalism must die. If you want Kaplan to teach journalism, give him cab fare to the Columbia J-school. If you want him to run a newspaper, spend more money on talent so he can fully exploit the bright young things he's developed. Establish the Observer as a paper where you can build a career, not just start one.