text:
David F. Burgess is emeritus professor of economics, University of Western Ontario. Glenn P. Jenkins is professor of economics at Queen's University, Eastern Mediterranean University, Cyprus, and Institute Fellow Emeritus, Harvard University.
Discount Rates for the Evaluation of Public Private Partnershipsby David Burgess, Glenn P. Jenkins
This experience has spurred policy makers to demand that a comparison be made between the public and private provision of services to determine the overall value for money of public-private partnership ventures. A central question that must be answered before such a comparison can be made is the appropriate cost of capital or discount rate to use in both of these situations. The essays in this book address these issues directly and provide the latest views on this topic.
Contributors include Donald Brean (University of Toronto), David Burgess (University of Western Ontario), Graham Glenday (Duke University), Arnold C. Harberger (UCLA), Glenn Jenkins (Queen's University), Chun-Yan Kuo (Queen's University), Mark Moore (Simon Fraser University), Christopher Shugart (independent), Michael Spackman (NERA), and Peter Spiro (Treasury of Ontario).
Product Details
- 9781553391647
- Publisher:
- McGill-Queens University Press
- Publication date:
- 02/17/2010
- Series:
- Queen's Policy Studies Series
- Pages:
- 338
- Product dimensions:
- 6.20(w) x 9.00(h) x 1.00(d)
Meet the Author
Customer Reviews
Average Review:
Most Helpful Customer Reviews
See all customer reviews


text:
fax view fax(415) 848-4999 Address 525 Market Street, Suite 3600
Suite 3600
San Francisco, California 94105
United States
Suite 3600
San Francisco, California 94105
United States
http://www.howrey.com Send Email
|Areas of Practice
|1) Construction Law and 2) Global Litigation
|University of San Francisco (B.A., 1968)
|Most recent firm
|Howrey LLP
|Relevant Jobs
Litigation associate in business law firm
USA-CA-Walnut Creek
Dynamic and growing 6 lawyer firm in Walnut Creek, California seeks a litigation associate with 2 to 4 years of experience in litigation. Successful candidate will demonstrate a passion and aptitude...
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A. Harrison Barnes is a well-known attorney throughout the United States. As a member of the Malibu community, Harrison is committed to serving the needs of Malibu residents and businesses in legal matters.

subset: commoncrawl


text:
Medivet HeachamHeacham Veterinary Clinic
98-100 High Street
Kings Lynn
Our branches provide a dedicated local service to clients, offering a comprehensive, quality service at affordable prices.
As part of the Medivet family, your pet will have the benefit of the skills and experience of over 200 vets throughout the company. Our staff aim to provide a welcoming and professional environment for both pet and client.
We offer both diagnostic and surgical care as well as a wealth of additional benefits to keep your pet happy and healthy.
Opening times
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Clinic reviews
5 Stars - 17-09-2016 - Tara Bosworth
both my pets had to be treated,one needed to be laid to rest,how I felt was made easer if that's possible with the help and compassion both I and my wife received by a friendly and understanding staff.since then I have been back a few times with my other pet ,and nothing changes first class service with a friendly atmosphere.the best vets ever well done Heacham
5 Stars - 12-09-2016 - Dawn H
Would just like to thank the team at Heacham Medivet for everything they did for my German Shepherd today. They operated at very short notice after she gashed her paw very deeply in a stream yesterday (Sunday). We are in Norfolk on holiday so couldn't get to our own vet. However the team at Heacham were brilliant, allowing me to stay with my girl until she went to sleep to minimise the stress for her. They treated her so well and even looked after me the tearful wreck with tissues and a cup of tea! Can highly recommend this practice -thank you all so much.
5 Stars - 11-07-2014 - Sue Dyer
In the 10 years I have lived in Heacham, I have taken my dogs to Heacham Vets. Sadly I have had to take two of my dogs and two of my dad's dogs to be put to sleep. It can never be easy for them to witness the heartbreak us humans go through, but they are so caring of the dogs and us humans.
4.8 Stars - 03-07-2013 - YVONNE
the vet we saw was really friendly and showed a great passion for are cats health.
5 Stars - 09-05-2012 - Virginia York
Ginny and the team at Heachem are so caring and understanding. We have been with Heacham vets for some time, and although we have to travel about 20miles its definately worth it. Our previous dog Daisy an American Cocker was very poorly, Ginny and her team tried everything possible,and always discussed treatment with us. Sadly Daisy passed away in Jan 2012, but we know everything possible was done. We are getting a new Pup in June and the first place we shall visit is Heacham Surgery.


text:
Biography All Music Guide
All Music Guide:
The Modernettes were a popular punk band that formed in Vancouver around 1980. Members of the trio were guitarist John "Buck Cherry" Armstrong, bassist Mary Jo Kopechne, and drummer John "Jughead" McAdams. All of the members added vocals to the performances. Many music critics described the group's songs as somewhat of a mixture of the Velvets and the Ramones.
In 1980, the Modernettes recorded the debut EP Strictly Confidential. It was released under the Quintessence Records label. A second EP, Teen City, followed quickly. The sophomore carries six tunes, including "Suicide Club," "Little Girls," "Celebrity Crackup," and the band's strongest and probably most popular song, "Barbara." Though the group pulled together a strong following, true success seemed to stay at least two steps ahead of the members.
The Modernettes only completed one album, Get It Straight. The full-length offering carries 20 tunes. John Armstrong, known during his Modernettes days as Buck Cherry, went on to perform with other groups, and to put together his own home studio.


text:
Matt Damon was in town Thursday for a screening of the latest Jason Bourne film. And since he's an outspoken advocate for teachers, we asked him if he had any special message for teachers here in Oklahoma. Here's what he had to say:
Food for thought from NewsOK's Berry Tramel: Link
Bob Stoops is sticking around as Sooners coach… maybe as long as 10 years. Link


text:
Bays Edge, Business Bay
Price:AED 1,800,000
Property Type:Apartment
Reference No.:PPL-S-3112
Size:910 sqft.
Project : BAYS EDGE
Type: 1BR fully furnishedDeluxe Serviced Apartment
Location: Business Bay
Status: Off-Plan
Completion: December 2016
Premium: 300,000 AED
Milestone: 80% Paid+ Oqood
Managed by Damac Maison
Bays Edge is the building with Lake View, Burj Khalifah View and The Address view over looking Downtown Area and Business Bay.
A rental pool option is also applicable to assure you for the rental earning when you dont use your apartments.
Business Bay is a vibrant business district which is located nearby worlds tallest Burj Khalifa Tower and Dubai Mall. The project features numerous commercial and residential skyscrapers with stunning views of Lake and Downtown Skyline. Business Bay is where Dubai Creek is being dredged, extended merged with Arabian Sea. Once Dubai Creek is completed, it will add more value to this community.Call Mark Wenbo on +971 529619888 or visit www.PrimePlaces.com for further details
Call +971 56 3442566 or send an email:


text:
Discussion in 'iPod touch' started by 4004, Oct 5, 2008.
Anybody knows?
I don't even know where that is.
Find someone who ships International on eBay?
Where the hell is Belarus?
Wikipedia says here:
You guys don't know where Belarus is? Seriously people.
Anyway, 4004, I had a lot of trouble finding place that ships internationally. Your options are:
1) Use a site that gives you an American address. You pay for it, ship it to that address, and they ship it to your country. (I don't know such sites for your country, so ask around. Warning - it's going to be expensive)
2) Get it from eBay, if you have patience. They should start to appear there eventually.
3) Get it from a site in Europe. They'll rip you off though.
4) ...just get a 1st Gen. Cheaper, easily obtainable, already possible to jailbreak, doesn't intentionally block third party accessories, easier to find a case for right now.
5) Check your PM Please Register or Log in to view images
Please Register or Log in to view images
maybe will try to find it through ebay,but i dont think i can find anyone shipping internationally.just keep trying.and learn geography friends,as i learn englishPlease Register or Log in to view images
no one found on ebay,yrying through poland online shops
Separate names with a comma.


text:
|This is a discussion on Freeroll Tournament Play within the online poker forums, in the Learning Poker section; Hey all, I'm an amateur poker player who's working on a project. My goal is to work my way up from nothing to $100 by playing
Freeroll Tournament Play
Hey all,
I'm an amateur poker player who's working on a project. My goal is to work my way up from nothing to $100 by playing Freerolls. I've found this to be awesome and kind of exhausting at the same time.
I feel like this goal of mine is very rewarding because I'm learning what/what not to do in tournaments. I've been studying play style and finding that poker is almost more about the players than the actual hands that you play. So I've been focusing on exploiting my opponents weaknesses and playing for the most part premium hands like pocket pairs and high suited connectors. Lately, I have been lucky enough to make it close to the final table, so most of the time I'm cashing out with small amounts like 5 cents-25 cents or bubbling. Which is great because I've seen my game improve immensely. However, I've never made it to a final table before. I don't want to make the small amounts anymore. I want to win the $10+ prizes that 1st place winners get! Are there any secrets yall might have for an amateur that might give me a competetive edge?
Thanks guys!
The best thing you can do if you're building a roll by playing freerolls is to join the freeroll club here on CC. Generally the player pools are almost always less than 100, I've only been in the freeroll club for a month and I've cashed twice with one final table already for $17 total. Any first place finish in the freerolls here pays at least $50 as far as I know, and for some like the one on Lock it's much more.
You will also see much less donk shoving too, the freerolls here play more like a tourney with a respectable buyin.
re: Poker & Freeroll Tournament Play
Thanks for the idea! I'm definitely trying to get into the Freeroll club. I've started on that list of requirements and by your account it sounds like a great experience. That's the crazy thing about playing Freerolls at other sites. People are uber aggressive, going all in for no reason and playing crap hands to marginal hands. That's part of the reason I've been cashing out more though. I find when I wait for premium hands and exploit the non-serious players. I'm able to get a lot further in the tournaments than I had previously. Calling their bluffs for the most part seriously increases my chip stack.
So yes. I look forward to that. Thanks for the tip!
hey big, if you check out the calander on the forum you can get a taste of the freeroll's that are accessible to the freeroll club. It is certainly a great opportunity, and something that I am also looking forward to becoming part of as I too am on a building a br from nothing on some various sites which cc has freerolls on.
It's not something you can rush, until you read the 65 post req you can only post up to 10 posts a day and always best to make sure they are quality so it is worth the time and 10% of your daily post allotment. I have often ready through many 9+ page thread's on here and by the time I get to the end, have certainly been made aware of lots but nothing I can say that hasn't already been.
The forum is about learning and improving the game, and having fellow poker players to discuss and chat with. You have come to one of the greatest and will come to love it as we all have.
GL on building the br.


text:
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Twelve month price trend
- Dec Dec SAR656
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text:
Sci fi/Fantasy image byErin Fryer
You know what? I don't know the story behind this one and i really wish I had one. You can make up your own if you want. If you do i would be interested to hear it. I like the feet, they were fun. The shadeing was really hard because shadeing just isn't my forte (still can't spell). This is also one of my top favorites. Yup yup I love it. I am going to color it someday. Probably after I finish Terra.
Published More than a year ago
Category Anime/Manga
Be the first to favourite this image.


text:
Welcome to dickblick
, null
not null?
Browse more:
Blick's opaque, matte-surface acrylics are water-based, quick-drying, and permanent, yet non-toxic and safe for everyday use.
Formulated with the highest-quality pigments in an exceptional range of colors, they're extremely affordable. They pour readily and consistently, apply smoothly, cover well, and can be applied to almost any surface — including paper, wood, fabric, ceramic, glass, metal, and some plastics.
Perfect for decorative painting and stenciling, Blick Matte Acrylics also blend extremely well, making them ideal for glazing, antiquing, and faux finish techniques. Use them on picture frames, furniture, home décor, or for personalizing children's crafts.
Blick Matte Acrylics bring out the artist in every crafter!
2 oz plastic bottles.
Basic Set
Contains 7 colors in 2 oz bottles, including one each of Red Deep, Yellow Medium, Blue Medium, Orange Medium, Green Deep, Violet Deep, and White.
Neutral Set
Contains 7 colors in 2 oz bottles, including one each of White, Off White, Celadon, Sage Blue, Brown, Silver Metallic, and Gold Metallic.
Pastel Set
Contains 7 colors in 2 oz bottles, including one each of Red Light, Yellow Light, Yellow Orange Light, Yellow Green Light, Green Blue Light, Blue Light, and Amethyst.
Plastic Bottle
2 oz
59 ml
Plastic Bottle
8 oz
237 ml
Plastic Bottle
2 oz
59 ml
Plastic Bottle
8 oz
237 ml
see also ...
® Blick and Blick Studio are registered trademarks.
Blick Brand
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these add so much to mixed media
By jordiw
from NY
Comments about Blick Matte Acrylics:
these dry flat with no shine and it is surprising how much difference that makes. Celadon is a color you can find nowhere else and it is SUCH a great color. Neutrals that dry flat are VERY useful.
Bottom Line Yes, I would recommend this to a friend
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great choices
By grandma artist
from Atco, N.J.
I was looking for opaque paint and this really does the job.
High Quality Acrylic Craft Paints
By kimi
from Morgantown PA
I use this paint as a base. Paint directly onto gessoed substrate let dry. Now paint again with high grade fine art acrylics OR collage on top OR use with gelatin plate to print!Versatile. BEST Craft Paint on the market.
Unmatched matte-ness, rad colors
By 1flychicken
from Pittsburgh, PA
I bought some of these as an experiment. I mean, the price is right. The colors drew me in, but the paint quality and super matte finish has me coming back for more. I own just about every color now. To start, I was using them on gesso-ed wood panels to do some abstract city stuff. These matte acrylics really stir creativity, though, and soon I was inspired to try some new styles that were a hit. Try them. You won't be disappointed. PS: I haven't tried the varnish yet, but need to. I can't seem to get anything but a glossy spray finish to go on well as a final layer. I think it's the super matte surface. Not sure.
Images shared by 1flychicken
Expermental city patchwork
Tags: Matte, Blick Brand, Acrylic, City, Made with Product
Some abstract geometric panels
Tags: Blick Brand, Abstract, Acrylic, Matte, Made with Product
to replace my Ceramcoat matte acrylic
By diggy
from San Jose, CA
Nice replacement for Delta's Ceramcoat, but I will not buy them in the future only because the bottles do not flex which makes it difficult to squeeze out paint. I hope they fix this problem. Otherwise the colors are good opaque at least the primary colors I tried.
Bottom Line No, I would not recommend this to a friend
Wonderful paints
By Rose
from New Braunfels tx
The best matt paint I've ever used. I won't buy anything else. Great color selection. Dick Blick is the best in the business!
All items purchased
By TIM
from Kentucky
My son was pleased with all items purchased. We will be ordering again in a few days.
Affordable, lovely paint
By traypup
from fort collins, co
I use this paint in my journals and I love that the pages don't stick together like they do when I use craft store acrylics (even the more expensive brands). I'm also able to write over the paint easily, which is crucial for journaling. They blend and layer nicely, too.
Wonderful matte finish!
By RS
from Massanutten, VA
I mainly buy the white, black and a neutral gray/green (celedon) in this brand so I cannot comment on the color saturation, transparency, etc. These paints are very inexpensive and great for practice paintings,hobbyist, student or even a professional painter who just wants to save a few bucks where you can. When dry the paint has a matte almost chalky feel to the surface which makes me want to break out the mark making implements and go to town. It really grabs the pastel, graphite, charcoal which helps to create rich dark marks. Love it!
should have sampled them first
By frustrated artist
from SC
I bought this after reading a review on a mixed media website. To say the least I am very unhappy. This is a matte paint, which I knew, what I did not know was how fast this dries and how the colors to me do not look as nice as they do in the catalogue. I would not buy them again, and I should have known better not to buy a bunch before I have tried them myself, so that is on me.
Merchant response: We're sorry if these paints weren't what you expected, and we'd like to help you with this. Please look for an email from one of our Customer Care Agents who will be following up to assist you.
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text:
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Classic Air Aviation
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Classic Air Aviation began as a hobby of four local aviation entrepreneurs -- and in 2005, their passion birthed a full-time business that helps other aviation enthusiasts reach their dreams.
• $99 ($199 value) for a one-hour introductory flight lesson
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Head to Mesa Airport for your experience, where this talented crew can teach you the ropes before you set sail to the skies. For the flight lesson option, you'll snag a full half-hour flight lesson and a class certificate to take home in addition to your half-hour flight. Choose from the Fountain Hills, Downtown, or Four Peaks tour, and let these experts give you a new view of our city.
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A4710 East Falcon Drive Suite 215, Mesa, AZ 85215
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What was the first concert you attended?
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- Back to Home »
- download , ebook , free , pdf »
- I am Zlatan PDF Free Ebook Download
Wednesday, 30 July 2014
I am Zlatan PDF Free Ebook Download
|I am Zlatan PDF Free Ebook Download
About the Book
I am Zlatan PDF Free Ebook Download
Publisher: Penguin (5 September 2013)
Language: English
I AM ZLATAN - the explosive, critically-acclaimed memoir of Zlatan Ibrahimovich, one of the world's most gifted and controversial footballers
'Why be a Fiat when you can be a Ferrari?'
Welcome to planet Zlatan. This is the story of how a Swedish outsider rose from poverty to become a football genius.
In his own inimitable style, Zlatan recalls every struggle, every goal, and every training ground bust-up on his journey to dominate the world's top clubs, including Ajax, Juventus, Internazionale, Barcelona, Milan and Paris Saint-Germain.
Full of wicked one-liners and amazing stories, Zlatan lifts the lid on some of the biggest names in football, including Guardiola, Mourinho and Messi.
Moving, funny and totally frank, I am Zlatan is a remarkable story of genuine hardship and unimaginable success. It is unlike any autobiography you have ever read..
For fans of The Secret Footballer and Football Manager Stole My Life this no holds barred football memoir is every bit as dramatic and revealing as Roy Keane's classic autobiography.
'The best footballer's autobiography of recent years is probably I Am Zlatan Ibrahimovic . . .' Simon Kuper, author of Why England Always Lose
I am Zlatan PDF Free Ebook Download
'Eagerly awaited, not least because Ibra seems to be spoiling for a fight on every other page. 'Dynamite' said one Swedish reporter' Daily Mail on I AM ZLATAN
Summary of the Book
I Am Zlatan Ibrahimovic is a book that recounts the journey of a Swedish outsider from poverty to his success as a football genius. It is compiled as told to the Swedish journalist David Lagercrantz.
I am Zlatan PDF Free Ebook Download
It takes a remarkable player to lay bare the bombast of his younger self – telling how, in the mid-1990s he "felt, or wanted to feel" like the hero of Gladiator, unmasking himself to declare: "'My name is Maximus Decimus Meridus… And I will have my vengeance in this life or the next.' This was how I felt, or wanted to feel. I wanted to stand up to the whole world and show everyone who doubted me who I was and I couldn't imagine anyone who'd be able to stop me…" More crazy, wonderful detail.
Zlatan Ibrahimovic is better known to football fans around the world as Ibra. This book narrates the story of the man since his childhood – how he got on to the incorrect tracks in Malmö, Sweden, and what kind of odds he had to fight against. Ibra talks about his time on the Malmö FF youth squad, and how the fathers of other kids from a nicer part of town tried hard to get him kicked off the team. The readers will get to know the complete story about Zlatan's struggles in Ajax, the auction to Juventus, his accomplishments in Italy and the disgrace which almost destroyed his career. He also talks about Mourinho, and about his most significant goals. He lets us take a sneak-peek into his personal life by talking about Helena, the kids, and his life off the field. And perhaps for the first time, apart from what media and the press told us, we get to know the full truth about what truly happened between him and Pep Guardiola in Barcelona. I Am Zlatan Ibrahimovic is an inspiring and thrilling look into his life, beyond the sights of top division football.
The discussion of its merits has been relatively sparse and certainly pales compared with the acres of space allocated to Sir Alex Ferguson, Harry Redknapp and Sven Goran Eriksson's autobiographies in recent months. The English version has not even been serialised in the UK. The spellbinding opening chapter's annihilation of Pep Guardiola, characterised as a creepy control freak, claimed some British headlines but the book's supreme beauty as an immigrant's tale – the best of that kind since Zadie Smith's White Teeth writes the author and journalist Simon Kuper – has been largely overlooked. The encapsulation of the immigrant experience is rarely heard beyond the realms of fiction, though this book's early sections – the best of the work – provide a vivid sense of that dislocation: Ibrahimovic watching Bruce Lee and Jackie Chan films with his father because "Swedish TV didn't exist for us. We lived in a very different world from the Swedes."
I am Zlatan PDF Free Ebook Download | football | sports | Autobiography
Book Reviews
#1. Eagerly awaited, not least because Ibra seems to be spoiling for a fight on every other page. 'Dynamite' said one Swedish reporter (Daily Mail on I AM ZLATAN)
The best footballer's autobiography of recent years is probably I Am Zlatan Ibrahimovic . . . In fact, having sold 700,000 copies in Sweden alone and been published in 15 countries, it's probably the bestselling European immigrant's tale since Zadie Smith's White Teeth (2000). The book was also shortlisted for Sweden's prestigious literary award, the August Prize . . . Once you get past the obligatory snigger prompted by the phrase "footballer's autobiography", you can see that Zlatan's book strangely resembles an earlier immigrant's tale: Portnoy's Complaint (1969), Philip Roth's classic novel about growing up Jewish in 1930s and 1940s Newark, New Jersey (Simon Kuper) | I am Zlatan PDF Free Ebook Download
About the Author (ZLATAN IBRAHIMOVIC)
Zlatan Ibrahimovich is a professional footballer, one of the world's most prolific strikers. Captain of his native Sweden, he has played for all of Europe's top teams, including Ajax, Juventus, Internazionale, Barcelona, Milan and, most recently, Paris Saint-Germain, where he is the league's top goalscorer.
David Lagercrantz was born in Sweden. He studied philosophy, religion and journalism at the Gothenburg Journalism School. His first job was with the in-house magazine of Volvo. David is the international best-selling author of I Am Zlatan Ibrahimovic.
I am Zlatan PDF Free Ebook Download
I am Zlatan PDF Free Ebook Download
I am Zlatan PDF Free Ebook Download


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Tag Archive: beer
ABI Cements Its Dominance With SABMiller Deal, But Faces Challenges Ahead
The news that Anheuser-Busch InBev (ABI) has finally corralled longtime takeover target SABMiller signals a watershed event in the global beer industry's long-term consolidation movement. Continue reading →Posted in News on September 29, 2016
Diageo Plans New Product Blitz Under Rebranded Beer Unit
Diageo-Guinness USA has been renamed Diageo Beer Company USA, and the rebranded unit is set to unleash a wave of innovation activity. Continue reading →Posted in News on August 5, 2016
ABI Posts Profit Slide As Chinese Regulators Approve SABMiller Deal
AB InBev (ABI) reported a U.S. volume decline of 0.3% to 54 million hectoliters for the first half of the year, but the brewing giant achieved a 1.2% organic revenue rise to $6.9 billion and normalized EBITDA of $2.8 billion. Continue reading →Posted in News on July 29, 2016
AB InBev Gains U.S. Approval For SABMiller Deal, With Caveats
Anheuser-Busch InBev (ABI) passed a crucial hurdle in its quest to close its pending $100-billion-plus acquisition of SABMiller, as the U.S. Department of Justice (DOJ) approved the transaction, with certain requirements. Continue reading →Posted in News on July 21, 2016
Craft Brewing And Distilling News for July 21, 2016
•MillerCoors has acquired a majority stake in Athens, Georgia-based Terrapin Beer Co. and added the Terrapin range to its craft and import division, Tenth and Blake. Continue reading →Posted in News on July 21, 2016
Constellation's Sales Jump 15% In First Quarter, Driven By Modelo And New Additions
Constellation Brands started off strong in its fiscal 2017, achieving double-digit growth in net sales and operating income. Continue reading →Posted in News on June 30, 2016


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Indian IT majors are eyeing life sciences as the new growth opportunity ($700-billion market globally)
Join the DZone community and get the full member experience.Join For Free
Satyam Computer Services, India's fourth-largest software and services firm, recently launched its lifesciences centre of excellence (CoE) to provide software solutions to pharmaceutical firms. The center will start with a dozen-point solutions, including research informatics, knowledge management in R&D and RFID implementation. "The pharma industry is a $700-billion market globally."[img_assist|nid=1387|title=|desc=|link=none|align=right|width=100|height=75]
Published at DZone with permission of Abhay Bakshi. See the original article here.
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Bertha's Golem
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This Golem is a Rock/Ground-type Pokémon owned by Bertha.
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2494 Hemker Lane, Manistee 49660
See more homes for sale in Manistee, MI
This property has been Sold!
06/23/2016 at $234,900
Over 11 ACRES and within walking distance to LAKE MICHIGAN, this wonderful 3-bedroom, 3-bath home with a gas fireplace, central air and a main-floor laundry room sits tucked back in a beautiful wooded setting, away from it all, yet minutes from the City of Manistee. Full, walk-out basement, attached 2-car garage, plus an enormous 42x42 workshop (drywalled, insulated and with electricity) with a wood-burning stove ... and a 30x40 carport. This home has a wonderful 4-season room off the backyard. This location is THE BEST! Quiet, peaceful and an enjoyable stroll through Magoon Creek Natural Wildlife Area leads you to the sugar sand beaches of LAKE MICHIGAN ... less than a mile away! Covered porch. All appliances included.
Property Information
- Status
- Sold
- Address
- 2494 Hemker Lane
- City
- Manistee
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- Manistee
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Listing Video for 2494 Hemker Lane, Manistee MI 49660
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Our Michigan real estate agents can answer all of your questions about 2494 Hemker Lane, Manistee MI 49660. Real Estate One, Max Broock Realtors, and J&J Realtors are part of the Real Estate One Family of Companies and dominate the Manistee, Michigan real estate market. To sell or buy a home in Manistee, Michigan, contact our real estate agents as we know the Manistee, Michigan real estate market better than anyone with over 100 years of experience in Manistee, Michigan real estate for sale.
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PM Sharif condoles death of Sheikh Rashid144 views
ISLAMABAD: Prime Minister Nawaz Sharif Saturday expressed his deep grief and sorrow over the demise of Sheikh Rashid Bin Mohammad Bin Rashid Al Maktoum, son of Dubai's ruler Sheikh Mohammad Bin Rashid Al Maktoum.
In a message, the Prime Minister prayed for the eternal peace for the departed soul and commiserated with the people and the government of the United Arab Emirates. –APP


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Lonestar Inc
526 Broadway St Birmingham, Alabama 35209(205) 945-8358
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AboutLonestar Inc is located at the address 526 Broadway St in Birmingham, Alabama 35209. They can be contacted via phone at (205) 945-8358 for pricing, hours and directions.
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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Sacramento)
July 31, 2012
MEDICAL BOARD OF CALIFORNIA, PETITIONER,v.THE SUPERIOR COURT OF SACRAMENTO COUNTY, RESPONDENT; MICHAEL J. MENASTER, REAL PARTY IN INTEREST.
(Super. Ct. No. 34200980000323)
Medical Bd. of Cal. v. Super. Ct. CA3
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
In January 2008 real party in interest Dr. Michael Menaster underwent a psychiatric evaluation ordered by petitioner Medical Board of California (Board). The evaluation found Dr. Menaster suffered from a mental illness that impaired his ability to practice medicine, and recommended treatment and monitoring.
The Board filed an accusation alleging Dr. Menaster was subject to discipline under Business and Professions Code section 822.*fn1 Following an administrative hearing, the Board adopted the administrative law judge's (ALJ) decision to place Dr. Menaster on probationary status for three years, require psychiatric evaluations, and have his practice monitored by another physician.
Dr. Menaster filed a petition for a writ of administrative mandate in respondent trial court, which the court granted. The court found Dr. Menaster's behavior was not sufficient to demonstrate that he could not practice safely in the absence of a disciplinary order.
The Board filed a petition for a writ of mandate in this court, arguing the trial court abused its discretion by interpreting section 822 to be solely concerned with public safety. Instead, the Board argues, section 822 also encompasses a physician who, by reason of mental illness, is unable to provide effective clinical treatment. We issued an alternative writ of mandate and shall deny the petition.
The Board is the agency within the Department of Consumer Affairs charged with administering the provisions of the Medical Practice Act, which governs licensing and discipline of physicians. (§ 2000 et seq.) Dr. Menaster is a licensed physician and surgeon in practice since 1991. Dr. Menaster currently has a private psychiatry practice in San Francisco.
The Accusation
The Board filed an accusation against Dr. Menaster on May 29, 2008, alleging the physician was subject to discipline under section 822. The accusation noted Dr. Menaster's physician's certificate had previously been revoked in 2000 and reinstated when he completed five years' probation.
According to the accusation, Dr. Menaster's ability to practice medicine safely is impaired due to a mental disorder. The accusation recounts Dr. Menaster's lengthy history of emotional and behavioral problems for which he received therapy and medication.
Weapon Incident and Certificate Revocation
In 1999 Dr. Menaster was arrested by police following an anonymous tip that he had an AK-47 assault weapon in his vehicle. A search revealed Dr. Menaster, who was attending college classes, was carrying a loaded .40-caliber semiautomatic handgun in his pants pocket and two loaded handguns, a bayonet-type double-edged knife, a loaded AK-47, ammunition, a camouflage jacket, a helmet, and packages of psychotropic medications in his car.
Psychiatrist James Rosenberg evaluated Dr. Menaster after the incident. Dr. Rosenberg found the physician suffered from a mental illness, personality disorder not otherwise specified (NOS) with histrionic, immature, and paranoid features. Dr. Menaster admitted sleeping with two handguns and a knife under his pillow. He carried a concealed weapon during sessions with patients. Dr. Menaster also played a "'Halloween prank,'" in which he entered two gun stores dressed in camouflage fatigues, brandishing a semiautomatic rifle and shouting, "'Die American scum.'" Dr. Rosenberg concluded Dr. Menaster "constitutes a substantial danger to the health and welfare of his patients and the public at large, and is not mentally fit to practice medicine."
The Board suspended Dr. Menaster's physician's certificate and placed him on five years' probation. As a condition of returning to his practice, Dr. Menaster submitted to a psychiatric analysis by Dr. Howard Dolinsky in March 2000. Dr. Dolinsky also diagnosed Dr. Menaster with personality disorder NOS. Dr. Dolinsky cited evidence of aberrant behaviors in addition to the physician's possession of numerous weapons, such as initiating 50 small claims debt collection actions against patients and unsolicited attempts to hug and kiss female co-workers. Dr. Dolinsky advised mandatory weekly psychotherapy sessions and supervision of Dr. Menaster's practice.
Subsequent Therapy
From June 2000 through June 2006 Dr. Marvin Firestone monitored Dr. Menaster's practice and provided therapy. In June 2006 Dr. William Tatomer began treating Dr. Menaster.
Incidents at Department of Social Services
In October 2005 Dr. Menaster began working for the Department of Social Services (DSS) as a medical consultant, analyzing written claims for disability. His position was purely administrative and did not involve any patient contact.
According to the accusation, at the DSS "Dr. Menaster engaged in inappropriate and disruptive workplace behavior. He constantly and inappropriately socialized, gossiped, shouted, and used profanity in the office; he broached personal topics with and made suggestive comments to female employees. He was not amenable to supervision and numerous attempts by management to correct Dr. Menaster's behavior were unsuccessful. On one occasion Dr. Menaster called his supervisor and began to rant, yell, and use profanity over the phone. At one point during the call Dr. Menaster 'let out a very loud and disturbingly frightful scream' and, as his supervisor was trying to calm him, Dr. Menaster hung up on her. Dr. Menaster's explanation for the phone call was that he was upset about an 'illegal' bake sale that was taking place near his work station and interfering . . . with his productivity. The ongoing, inappropriate, bizarre and disturbing conduct made Dr. Menaster's co-workers and supervisors increasingly uncomfortable and even fearful for their safety. DSS ultimately instituted a personnel action against Dr. Menaster, who resigned [in March 2006] in order to avoid being fired."
A Board investigator interviewed Dr. Menaster in February 2007. Dr. Menaster admitted suffering from a mental disorder that he described as characterized by extreme anxiety and depression. According to Dr. Menaster, the DSS failed to accommodate his disability by not providing a quiet workplace. Instead, he was subjected to disruptive bake sales, Girl Scout cookie sales, and other noisy activities. The DSS also demanded excessive productivity. Dr. Menaster believed the conduct the DSS described as "inappropriate" was misinterpreted or taken out of context. He was currently working with a psychiatrist to treat his condition.
Dr. Seaman's Evaluation
In January 2008 Dr. Charles Seaman, a psychiatrist, evaluated Dr. Menaster for the Board. Dr. Menaster recounted his problems at the DSS and his difficulties with the working environment. He also acknowledged that many of the behaviors reported by the DSS did in fact occur, including inappropriate personal comments and inappropriate advances to female workers.
As for the incident over the bake sale, Dr. Menaster stated he had been under pressure to perform and was distracted by people talking loudly near his cubicle. He believed having a bake sale within a state building was illegal. Upset about the bake sale and anxious about his productivity, he called his union steward to complain. Dr. Menaster admitted using profanity and screaming into the telephone but explained "'it was just to vent.'" He did not threaten to hurt himself or anyone else.
Following the bake sale incident, Dr. Menaster resigned. He told Dr. Seaman that he saw the DSS's subsequent notification to the Board as retaliation for complaining to various agencies. Subsequently, Dr. Menaster filed a complaint with the Public Employee Relations Board. He also filed numerous complaints against a number of government agencies, including the DSS.
Dr. Menaster also discussed disciplinary action taken by the Board in 1999 because of three incidents. The first involved his treatment of a 71-year-old man. He mistakenly wrote a prescription for a very high dose of medication. He disregarded the pharmacy's warning about the prescription. After the patient became confused, Dr. Menaster did not associate the problems with the high dosage. In retrospect, Dr. Menaster stated: "'I should have not treated him or hospitalized him.' . . . 'I shouldn't have dismissed the pharmacy.'"
In the second case, Dr. Menaster treated a 10 year old who was experiencing hallucinations telling him to stab his parents. He recommended medication and psychiatric hospitalization. After the parents refused hospitalization, Dr. Menaster increased the boy's medication. The boy experienced negative side effects, and Dr. Menaster was told he prescribed the wrong medications and that the child should have been hospitalized.
The third incident involved Dr. Menaster's arrest for possession of firearms. Dr. Menaster stated he started carrying a gun because he had received anonymous, threatening voice mail messages. He also began collecting numerous guns as an investment, as well as a form of self-protection. He kept a bayonet in his car because he had heard about people getting trapped by their seat belts and he thought he might need the bayonet to cut himself free. After his arrest, Dr. Menaster got rid of all his guns and through therapy was able to realize he was overreacting and had some "'paranoid'" features.
Dr. Menaster agreed with the diagnosis of personality disorder NOS. He observed that "'I tend to personalize comments by others as attack or criticism.'"
At the conclusion of his report, Dr. Seaman offered his opinion as to Dr. Menaster's ability to practice medicine: "Dr. Menaster is currently able to practice medicine with safety to the public. The available evidence is not sufficient to conclude that he is not able to practice medicine with safety to the public. That is because, although records indicate a history of interpersonal problems and inappropriate behaviors at DSS, there was no patient involvement since he was not directly responsible for providing patient care. Additionally, he has been removed from the stressors he had at DSS. [¶] In the past, Dr. Menaster was deemed unsafe to practice medicine because his impaired judgment was associated with the possession and use of weapons and the treatment of specialized patient populations without adequate training. However, Dr. Menaster indicated he is no longer in possession of any weapons and he limits his medical practice to the treatment of individuals between age 16 and 64. Although Dr. Menaster's Personality Disorder NOS has seemingly led to interpersonal problems with co-workers and supervisors, there is a lack of evidence to indicate the presence of similar interpersonal problems involving patients or the public at large at this time."
Dr. Seaman also stated that ongoing mental health treatment and monitoring were necessary to ensure public safety. He found the necessity for such treatment might be indefinite.
Dr. Dolgoff's Evaluation
In January 2009 Dr. Robert Dolgoff, a psychiatrist, interviewed Dr. Menaster, reviewed the facts surrounding the accusation, and submitted a psychiatric evaluation. Dr. Dolgoff also found Dr. Menaster suffered from personality disorder NOS. However, "There is no evidence that this disorder has ever affected patient care or endangered patients. I see no reason to discipline him. He has been accepting treatment voluntarily for the last 8 years."
Dr. Dolgoff also noted that physicians who are on probation have difficulty getting referrals from managed care panels. He found no evidence of any clinical shortcomings in Dr. Menaster's work with patients, and noted Dr. Menaster understands, accepts, and has learned how to handle his problems.
Dr. Dolgoff concluded: "There is no reason to think that his patients will be in danger. When physicians have drug or alcohol problems ongoing probation may be recommended because of the possibility of relapse with subsequent harm to patients but a personality disorder does not pose such a risk."
Administrative Hearing
A full administrative hearing followed.
Dr. Seaman
Dr. Seaman testified that Dr. Menaster suffers from a lifelong mental disorder. This disorder causes him to misperceive benign events and to feel threatened, resulting in an overreaction. The disorder affects interpersonal functioning, leading a person to misinterpret the motives and intent of other people. This leads to difficulties in resolving conflicts.
According to Dr. Seaman, Dr. Menaster was not very responsive to treatment. Dr. Seaman also expressed concerns about Dr. Menaster's practicing without supervision, since his judgment was impaired by his mental disorder and he has shown a pattern of poor judgment.
On cross-examination, Dr. Seaman admitted Dr. Menaster had been treating patients for 20 years without incident. Dr. Seaman reaffirmed that he believed, with reasonable medical certainty, that Dr. Menaster "is currently able to practice medicine with safety to the public."
On redirect, Dr. Seaman was asked: "And do you have an opinion whether Dr. Menaster is impaired in his ability to practice safely? [¶] A. I think there is impairment. . . . But I was not able to find enough evidence to say that he was unsafe just because there's been a lack of patient contact." The only evidence of conflict with patients in the last 20 years was Dr. Menaster's suing two patients for nonpayment of medical bills in 1999.
Dr. Tatomer
Dr. Tatomer testified he evaluated Dr. Menaster in 2002 and became his treating psychiatrist in 2006. He currently meets with Dr. Menaster twice a month. Dr. Tatomer believed that Dr. Menaster could practice medicine safely without supervision despite his diagnosis. Dr. Tatomer testified: "I think Dr. Menaster clearly can practice medicine with no danger to the public."
Dr. Dolgoff
Dr. Dolgoff agreed with the diagnosis that Dr. Menaster suffers from personality disorder NOS. However, this diagnosis did not make Dr. Menaster an impaired physician. Dr. Dolgoff explained: "Because it is not affecting patient care. Because there is no evidence that any patient has been harmed. And because he has improved a great deal and has become much more knowledgable about his interworkings [sic] and how he affects other people. And so he's a lot better than he was before . . . ." According to Dr. Dolgoff, he saw no reason for Dr. Menaster to be subject to discipline by the Board and believed he could practice safely.
Dr. Menaster
Dr. Menaster testified he has changed his practice to avoid patient care problems that led to the earlier disciplinary order. He no longer treats children under 16, and sees only a limited number of patients per week. Dr. Menaster acknowledged the DSS was a difficult work environment for him.
The ALJ Decision
The ALJ reviewed the allegations and the testimony at the administrative hearing. The ALJ concluded the Board had established by clear and convincing evidence that cause existed to discipline Dr. Menaster under sections 822 and 2227.
The ALJ found it was undisputed Dr. Menaster suffered from a long history of emotional and behavioral problems stemming from his personality disorder NOS. The ALJ stated: "Although respondent was able to practice successfully, with weekly treatment, medication and monitoring, for five years after imposition of discipline by the Board . . . his recent conduct in connection with his employment at DSS demonstrates his disorder continues to affect his functioning. Drs. Dolgoff and Tatomer suggest that respondent's recent problems at DSS should be ignored and respondent permitted to engage in unsupervised practice because he is aware of his PD-NOS diagnosis, is motivated to manage his disorder and has made progress in doing so. However, as pointed out by Dr. Seaman, respondent still has significant difficulty controlling his anxiety and emotions under stress despite ongoing treatment, as evidenced by his screaming during the call to his union representative, his screaming and crying during the 2006 the [sic] unemployment hearing, and the fact he called Dr. Firestone numerous times during the day for guidance when under stress at DSS."
The ALJ also noted that Dr. Menaster's inappropriate behavior occurred even though he had been receiving weekly psychotherapy and medication for anxiety and depression for years. The ALJ expressed concern that Dr. Menaster had limited patient contact in the past few years, providing limited opportunity to evaluate recent interactions with patients. Although the ALJ found Dr. Menaster had made progress managing his disorder, he failed to establish this progress was sufficient to justify permitting him to practice unsupervised.
The ALJ revoked Menaster's certificate, but stayed the revocation and placed him on three years' probation with continuing evaluations, therapy, and monitoring. The Board adopted the ALJ's decision.
Trial Court
Dr. Menaster filed a petition for writ of administrative mandamus in the trial court. Following a hearing, the trial court granted the petition.
The trial court painstakingly summarized the evidence. The court concluded, under the independent judgment standard of review, the weight of the evidence did not support a disciplinary action against Dr. Menaster under section 822 and did not establish by clear and convincing evidence that Dr. Menaster's mental condition impairs his ability to practice psychiatry with safety to the public.
The court noted all of the experts and Dr. Menaster agree he suffers from a "PD-NOS" mental disorder; however, this alone did not justify discipline. Instead, "Discipline . . . must be based on some manifestation of the disorder in the form of behavior that demonstrates that the practitioner is unable to practice without risk to public safety."
As the court acknowledged, the behavior that led to the prior disciplinary order raised serious concerns about whether Dr. Menaster could practice safely. However, Dr. Menaster successfully completed probation, and the weapons problems and errors in patient care had not recurred. The court concluded: "Thus, while the behavior that led to the prior disciplinary order certainly justifies a heightened level of concern regarding the manner in which his condition may manifest itself in the context of his practice, in order for that concern to ripen into facts supporting discipline, there must be some combination of more recent behavior and expert opinion to establish the link to safety in practice."
The court described Dr. Menaster's behavior at DSS as "odd, aberrant, and even troubling" but not sufficient alone to establish the required link. Although Dr. Menaster acted inappropriately and displayed poor judgment, "there does not appear to be any evidence of overtly threatening or menacing behavior on petitioner's part while at DSS." As to Dr. Menaster's anger over the disruptive bake sale, the court noted he made no threats of violence to himself or others.
The court acknowledged Dr. Menaster saw only a limited number of patients during this period but concluded his behavior at the DSS, by itself, was not sufficient to establish that he could not practice safely in the absence of a disciplinary order. That behavior, the court determined, must be linked to safety concerns through expert testimony establishing his disorder is likely to manifest itself in behavior in his practice in ways that actually risk causing harm to patients.
The only expert to attempt to establish such a link was Dr. Seaman. However, the court found Dr. Seaman's testimony "falls short of establishing the necessary link to public safety."
Dr. Seaman's testimony established that Dr. Menaster's disorder continued to exist and that the stress he encountered in the past was not unique and could recur in the context of his medical practice. According to the court, Dr. Seaman did not persuasively demonstrate that Dr. Menaster's personality disorder, when acted upon by stress, poses a risk to public safety. Instead, "Dr. Seaman's concerns focused on the manner in which petitioner's personality disorder might lead to anxiety and emotional response, with a corresponding effect on his judgment and his ability to manage conflict in interpersonal relations. While these are legitimate concerns . . . they relate more to the issue of petitioner's clinical effectiveness as a psychiatrist than to public safety."
Dr. Seaman's testimony failed to establish that Dr. Menaster's mental disorder necessarily translates to the potential for harm to patients: "Specifically, Dr. Seaman does not link petitioner's personality disorder and its behavioral manifestations to a heightened likelihood of the types of practice errors that occurred in the past, or to other potential practice errors that legitimately would put patients at risk of harm, or to a potential for violence against patients, any of which would demonstrate a clear risk to public safety."
While the court acknowledged it might be true that Dr. Menaster would perform more effectively with supervision, section 822 is concerned with public safety, not with a psychiatrist's clinical effectiveness, unless that ineffectiveness poses a risk to public safety. The evidence failed to establish such a level of ineffectiveness.
Even Dr. Seaman, the court noted, acknowledged there is no evidence Dr. Menaster has rendered any unsafe treatment to any patient under his care since the prior disciplinary order expired, or behaved in such a manner to put the safety of any patient at risk. Therefore, under section 822, the court could uphold the Board's discipline only if the evidence revealed an actual risk to public safety. Lacking such evidence, the trial court overturned the Board's disciplinary order.
Following entry of judgment, the Board filed a petition for a writ of mandate with this court. We issued an alternative writ of mandate.*fn2
DISCUSSION Standard of Review
In ruling on a petition for a writ of mandate following an order of suspension or revocation of a professional license, the trial court must determine, based on its independent judgment, whether the administrative decision is supported by the weight of the evidence. (Hildebrand v. Department of Motor Vehicles (2007) 152 Cal.App.4th 1562, 1567-1568.) The court considers whether the administrative law judge committed an abuse of discretion on the ground that the findings are not supported by substantial evidence in the light of the whole record. (Code Civ. Proc., § 1094.5, subd. (c); Fukuda v. City of Angels (1999) 20 Cal.4th 805, 817.)
On appeal, we review the record to determine whether the trial court's judgment is supported by substantial evidence. (Achene v. Pierce Joint Unified School Dist. (2009) 176 Cal.App.4th 757, 765-766.) In an administrative mandate proceeding in which the trial court has exercised its independent judgment, we consider the court's factual determinations conclusive if they are supported by substantial evidence. On questions of law, we review the trial court's findings de novo. (Lewin v. St. Joseph Hospital of Orange (1978) 82 Cal.App.3d 368, 386-387.) We resolve all evidentiary conflicts in favor of the prevailing party, and give the prevailing party the benefit of all reasonable inferences in support of the judgment. (Kazensky v. City of Merced (1998) 65 Cal.App.4th 44, 52.)
Controlling Statute
Section 822 provides: "If a licensing agency determines that its licentiate's ability to practice his or her profession safely is impaired because the licentiate is mentally ill, or physically ill affecting competency, the licensing agency may take action by any one of the following methods: [¶] (a) Revoking the licentiate's certificate or license. [¶] (b) Suspending the licentiate's right to practice. [¶] (c) Placing the licentiate on probation. [¶] (d) Taking such other action in relation to the licentiate as the licensing agency in its discretion deems proper. [¶] The licensing agency shall not reinstate a revoked or suspended certificate or license until it has received competent evidence of the absence or control of the condition which caused its action and until it is satisfied that with due regard for the public health and safety the person's right to practice his or her profession may be safely reinstated."
The Board contends the trial court erroneously granted Dr. Menaster's writ of administrative mandate, since the Board is authorized to protect the public against potential harm under section 822. Specifically, the Board argues the trial court erred in requiring that there be some evidence of adverse impact in Dr. Menaster's day-to-day practice stemming from his mental illness.
According to the Board, the trial court "correctly concluded that real party suffers from a mental illness and also correctly concluded that a mental illness in and of itself does not establish grounds for disciplinary action. The lower court erred, however, in considering the absence of recent, documented patient harm as evidence that real party was able to practice safely." In support, the Board relies on Griffiths v. Superior Court (2002) 96 Cal.App.4th 757 (Griffiths).
In Griffiths, the appellate court considered section 2239, subdivision (a), which states: "The use or prescribing for or administering to himself or herself, of any controlled substance; or the use of any dangerous drugs specified in Section 4022, or of alcoholic beverages, to the extent, or in such a manner as to be dangerous or injurious to the licensee, or to any other person or to the public, or to the extent that such use impairs the ability of the licensee to practice medicine safely or more than one misdemeanor or any felony involving the use, consumption, or self-administration of any of the substances referred to in this section, or any combination thereof, constitutes unprofessional conduct. The record of the conviction is conclusive evidence of such unprofessional conduct."
The physician disciplined in Griffiths argued that imposing discipline on his medical license solely based on convictions involving alcohol use, where no facts showed alcohol consumption affected his medical practice, violated the due process requirement that a nexus must exist between the conduct giving rise to the discipline and the physician's fitness or competence to practice medicine. (Griffiths, supra, 96 Cal.App.4th at p. 767.) The court found the statute passed constitutional muster. (Id. at p. 779.)
The appellate court found that by defining more than one misdemeanor conviction involving alcohol consumption as unprofessional conduct in section 2239, subdivision (a), the Legislature has determined that a nexus exists between those convictions and a physician's competence to practice medicine. (Griffiths, supra, 96 Cal.App.4th at p. 770.) The court noted driving under the influence of alcohol also shows an inability or unwillingness to obey the law and constitutes a serious breach of a duty owed to society. (Ibid.)
The physician also argued the discipline was invalid because no evidence showed his alcohol use impaired his medical practice. The court responded that, in relation to multiple convictions involving drunk driving, it rejected the argument that a physician can seal off or compartmentalize personal conduct so it does not affect the physician's professional practice. (Griffiths, supra, 96 Cal.App.4th at p. 771.) The court cited legal authority for the proposition that conduct occurring outside the practice of medicine may form the basis for imposing discipline because such conduct reflects on a licensee's fitness and qualifications to practice medicine. (Ibid.)*fn3
Here, the Board seizes on the Griffiths court's response to the argument that a physician cannot be disciplined because no evidence showed his drinking and driving convictions resulted in any harm to patients. The Griffiths court reasoned: "If accepted, this argument would have a serious implication for license discipline proceedings. In essence, it would prohibit the imposition of discipline on a licensee until harm to patients had already occurred. We reject this argument because it overlooks the preventative functions of license discipline, whose main purpose is protection of the public [citation], but whose purposes also include prevention of future harm [citation, fn. omitted] and the improvement and rehabilitation of the physician [citation]." (Griffiths, supra, 96 Cal.App.4th at p. 772.)
The Board faults the trial court for not discussing Griffiths and instead finding "[d]iscipline thus must be based on some manifestation of the disorder in the form of behavior that demonstrates that the practitioner is unable to practice without risk to public safety." The Board argues that, under Griffiths, ineffectiveness that could lead to future harm justifies imposition of discipline under section 822. We are not persuaded. The Board fails to appreciate that the language of section 2239 and the conduct covered by the statute differ markedly from that of section 822.
In Griffiths, the court considered section 2239, which also discusses conduct that "impairs the ability of the licensee to practice medicine safely," but in a very different context. Section 2239 deals with physicians impaired by substance abuse, conduct which is defined as "unprofessional" and therefore cause for discipline. The Griffiths court considered drunk driving convictions and carefully articulated why such conduct need not be directly linked to a physician's practice: it evinces a lack of integrity and an inability to follow the law. (Griffiths, supra, 96 Cal.App.4th at pp. 771-772.)
In Watson v. Superior Court (2009) 176 Cal.App.4th 1407 (Watson), we considered both section 2239 and Griffiths. In Watson, a physician challenged the Board's discipline, arguing the use of alcoholic beverages to the extent it poses a danger to the physician or to others may be the basis for discipline only if it is also proven there is a nexus between such use and the physician's ability to practice medicine safely. (Watson, at p. 1411.)
In rejecting the physician's argument, we noted "the existence of a nexus does not require a finding of an actual adverse impact on the past day-to-day practice of medicine, but may be satisfied by a potential for such adverse impact in the future." (Watson, supra, 176 Cal.App.4th at p. 1415.) In Watson, the physician had been arrested four times for driving under the influence. (Id. at pp. 1411-1412.) Citing Griffiths, we concluded that the physician's arrests for driving under the influence of alcohol, even though no convictions resulted, provided a nexus between the punished conduct and the physician's ability to practice medicine safely. (Watson, at pp. 1423-1424.)
Conduct meriting discipline under section 822 does not lend itself to such an interpretation. Section 822 covers mental and physical illness that renders a physician unable to practice his or her profession safely. The Griffiths court found, under section 2239, that substance abuse resulting in criminal convictions formed the necessary nexus between the punished conduct and the physician's ability to practice safely. No such criminal conduct is referenced in section 822, and in the present case, no such criminal conduct occurred. We disagree with the Board that these are "irrelevant factual distinctions" between Dr. Menaster's situation and the situation in Griffiths.
In order to satisfy due process, the state's power to regulate a profession cannot be used arbitrarily to penalize conduct that has no demonstrable bearing upon fitness for its practice. (Cartwright v. Board of Chiropractic Examiners (1976) 16 Cal.3d 762, 767.) Here, the Board seeks to discipline Dr. Menaster for the possibility that his mental illness in the future may endanger public safety. In effect, the Board asks us to construe section 822 as authorizing discipline if a physician might treat patients ineffectively because of the physician's mental illness, therefore endangering public safety. Section 822 does not support such an interpretation and we find Griffiths and Watson distinguishable.
The trial court concluded the Board failed to establish by clear and convincing evidence that Dr. Menaster's mental condition impairs his ability to practice psychiatry with safety to the public. Substantial evidence supports the trial court's conclusion.
All the experts, and Dr. Menaster himself, agree he suffers from personality disorder NOS. In the prior disciplinary proceeding, Dr. Menaster's behavior fully justified the Board's discipline. He successfully completed probation, and none of those specific behaviors (weapons possession, errors in patient care) have recurred.
We agree with the trial court that Dr. Menaster's behavior at the DSS could be described as "odd, aberrant, and even troubling," but that is not the test for discipline under section 822. Dr. Menaster's personality disorder caused him to act in inappropriate ways, display poor judgment, and overreact to stress. However, there is no evidence that he threatened anyone. Even during the incident over the "illegal" bake sale, while Dr. Menaster dissolved into anger and profanities, he did not make any threats of violence to himself or others. Although during this period Dr. Menaster saw only a limited number of patients, there is no evidence of any deficiencies in his treatment of his patients.
We agree with the trial court that Dr. Menaster's behavior at the DSS, in itself, does not invoke discipline under section 822. His behavior must be linked to safety concerns through expert testimony demonstrating that his disorder is likely to manifest itself in ways that actually risk causing harm to patients.
Dr. Dolgoff and Dr. Tatomer both testified Dr. Menaster could practice safely despite his personality disorder. Dr. Tatomer testified that Dr. Menaster presented no danger to the public and had managed to better control his anxiety. Dr. Dolgoff stated Dr. Menaster understood his problems and his impairment did not affect patient care.
Only Dr. Seaman's testimony raised the specter of Dr. Menaster's professional performance forming a threat to public safety. Dr. Seaman testified the stresses that brought on Dr. Menaster's behavior at the DSS were not unique and could recur in the context of his medical practice. However, Dr. Seaman also testified he felt with reasonable medical certainty that Dr. Menaster is currently able to practice medicine with safety to the public. Dr. Seaman also made it clear the lack of information because of Dr. Menaster's low patient load prevented him from saying with a reasonable certainty that the physician's practice was unsafe.
While Dr. Seaman expressed legitimate concerns about Dr. Menaster's effectiveness as a psychiatrist because of his impairment, these concerns do not rise to the level of presenting a threat to public safety. As the trial court noted: "Dr. Seaman's testimony does not establish that less-than-optimal judgment under stress or a failure to manage interpersonal conflict in the context of psychiatric practice necessarily translates to the potential for harm to patients, as opposed to treatment that is less effective than it would be otherwise."
Dr. Seaman's testimony does not link Dr. Menaster's personality disorder to any potential practice errors that would put patients at risk of harm or to a potential for violence against his patients, both of which would indicate the psychiatrist poses a risk to public safety. The evidence does not establish that Dr. Menaster's mental disorder renders him an unsafe psychiatrist whose incompetence makes him a danger to his patients as required for discipline under section 822.
The petition for writ of mandate is denied. Real party in interest is awarded costs in this original proceeding. (Cal. Rules of Court, rule 8.493(a)(1)(A).)
I concur: BUTZ , J.
Mauro, J., concurring:
In this case we hold that the Medical Board cannot place a mentally ill psychiatrist on probation with evaluation, therapy and monitoring because, although he may not be an effective psychiatrist, there is insufficient evidence that he is currently an unsafe psychiatrist. I write separately to acknowledge that this holding is counter-intuitive and could be cause for public concern. Nonetheless, because I believe this result is compelled by the applicable law as applied to these specific facts -- constraints also noted by the trial court -- I concur in the holding.
Business and Professions Code section 822*fn4 specifies that the Medical Board may take action against a licentiate if the Board determines that the licentiate's "ability to practice his or her profession safely is impaired because" either (1) "the licentiate is mentally ill," or (2) the licentiate is "physically ill affecting competency . . . ." The statute focuses on safe practice for both the mentally ill and the physically ill, but only the language pertaining to physical illness references competency. The statutory language confirms that for mentally ill licentiates, evidence of ineffectiveness or incompetence does not necessarily establish unsafe practice.
The language in section 822 regarding mentally ill licentiates is very different from the statutory language analyzed in Griffiths v. Superior Court (2002) 96 Cal.App.4th 757. That case involved section 2239, which expressly provides that an alcohol-related conviction is conclusive evidence of unprofessional conduct that may be the subject of discipline. No such equivalent language is found in section 822 regarding mentally ill licentiates.
Here, the record shows continuing concern about Dr. Menaster's effectiveness as a psychiatrist, but insufficient evidence that he is currently unable to practice medicine with safety to the public. Stated another way, while there may be concern that Dr. Menaster does not adequately help his patients, there is no evidence that he currently harms them. Given the language of section 822, substantial evidence supports the trial court's ruling.
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For sale by Md. Rubel Hossain 8 Nov 11:37 pmGollamari, Khulna
Tutor : A student of 3rd year, 2nd Term, English Discipline, Khulna University.
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Tropical Leaves
split leaf philodendron leaves - Google Search
8 Leaves To Love + Tropical Leaf Decor Ideas
Set of 15 watercolor tropical leaves illustrations. Illustrations are drawn by hand and vectorized. You can use it for making design projects, wedding and party invitations, patterns and other projects. Formats – AI, EPS, PNG and JPG.
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Sieh dir dieses Instagram-Foto von @patternbank an • Gefällt 205 Mal
Swiss cheese plants' iconic leaves help them to avoid stress, according to a US scientist. Their familiar hole-riddled leaves allow the plants to capture sunlight more regularly, his research suggests. The counterintuitive idea explains how such plants can survive in shady rainforests. Commonly grown as house plants, they are found in the wild from southern Mexico to Colombia.


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Last-minute CLE Opportunities for Ethics & Elimination of Bias
January 12, 2017 from 5:15 pm to 7:15 p.m. with a social hour from 4:15 p.m. to 5:15 p.m. (free food)
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Spring has finally come to New England. It's beautiful enough today to cut short the normal Friday online marketing links. But I would be remiss if I didn't give a shameless plug for our upcoming landing page optimization webinar. It's taking place this coming Thursday, April 23rd at 4 p.m., Eastern. Make sure you sign up in advance to reserve your spot.
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QVC promotes a company veteran to chief information officer
Todd Sprinkle led QVC's foray into mobile commerce.
QVC promotes a company veteran to chief information officer
Todd Sprinkle led QVC's foray into mobile commerce.
Few consumers are buying on Pinterest, Macy's says
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Looking for more ways to combine web technology and marketing, TechnoScout.com is looking into using its live chat tool for customer service as well as selling purposes.
Looking for more ways to combine web technology and marketing techniques, Techno Brands Inc.'s TechnoScout.com is looking into using its live chat tool for customer service as well as selling, Joel Skretvedt, director of Internet marketing and operations, says.
TechnoScout, a retailer of high-tech consumer electronics products ranging from digital cameras to special foam beds developed by NASA, implemented a live chat tool from LivePerson Inc. last year as a sales-help alternative to its call center. With a staff of 16 live chat sales reps, the system has proved to be an effective means of communicating with shoppers and driving more cross-selling and up-selling, Skretvedt says.
But the retailer now wants to see if live chat will also serve as an effective tool for combined customer service and sales efforts, he adds. "We started on the sales side with live chat, but now we want to see if it's good for a combination of customer service, up-sells and cross-sells," Skretvedt says.
After inviting customers with service needs into a live chat session, TechnoScout will have them greeted by customer service reps trained to reply with coordinated responses intended to both help and sell. "We'll offer to send them a manual for their product, but also offer them complementary products," Skretvedt says.
The complexity inherent in large networks of connected devices brings the contact center front and ...
Posted 12/09/16
Be honest with customers about wait times, and make sure agents have all the information ...
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Online retail is hard, grocery retail is really hard, so online grocery is, of course, really, really hard."


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No idea.
"An upsidedown wire heart
Being sucked into a periscope
Still the mind is dull
Like you need another excuse"
… a theory is primarily a form of insight, i.e. a way of looking
at the world, and not a form of knowledge of how the world is….
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different ways of looking at the one reality, each with some
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I love burgers! You must be an ENTJ too!
I really like cats and food.
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Sure, ISP works, though I have seen people say either one for you. Anyway, lots of people call me an ISTP, and a lot of that is based upon my adventurous and explorative nature. I guess an F is more moderate and peaceful, whereas a T is more extreme and tenacious. In my opinion, you fit the ISFP description better than the ISTP description. Enneagram 9w8 also works, since you seem fairly free-spirited and like to just go with the flow. ISTPs would focus the flow.
even INTJ was more believable
You and Riva are both ENFJs. Why you might ask? Because on vent both of you are attention whore extraverted feeling drama queens!
not an enfj
No, I'm sure RaptorWizard is an ESFJ 2w3 so/sx with his threads on theories of how Nikola Tesla's pet dinosaur came to be.
I really like cats and food.


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Groupon Inc. (NASDAQ:GRPN) – Stock analysts at Wedbush upped their FY2016 earnings estimates for shares of Groupon in a note issued to investors on Monday. Wedbush analyst A. Turner now anticipates that the brokerage will post earnings of ($0.20) per share for the year, up from their prior forecast of ($0.21). Wedbush currently has a "Outperform" rating and a $6.50 price target on the stock. Wedbush also issued estimates for Groupon's Q4 2016 earnings at ($0.03) EPS, Q1 2017 earnings at ($0.03) EPS, Q3 2017 earnings at ($0.02) EPS, Q4 2017 earnings at ($0.01) EPS and FY2017 earnings at ($0.10) EPS.
Groupon (NASDAQ:GRPN) last posted its quarterly earnings results on Wednesday, July 27th. The coupon company reported ($0.01) earnings per share (EPS) for the quarter, beating the consensus estimate of ($0.02) by $0.01. Groupon had a negative net margin of 5.71% and a negative return on equity of 14.95%. The company had revenue of $756.03 million for the quarter, compared to analyst estimates of $710.94 million. During the same quarter in the previous year, the firm posted $0.02 earnings per share. The company's quarterly revenue was up 2.4% compared to the same quarter last year.
A number of other analysts have also weighed in on GRPN. B. Riley restated a "neutral" rating and set a $4.50 price objective on shares of Groupon in a research note on Tuesday, August 2nd. Vetr upgraded shares of Groupon from a "sell" rating to a "buy" rating and set a $4.20 price objective for the company in a research note on Monday, July 18th. Morgan Stanley raised their price objective on shares of Groupon from $3.00 to $4.70 and gave the company an "equal weight" rating in a research note on Thursday, July 28th. Credit Suisse Group AG restated a "neutral" rating and set a $5.00 price objective on shares of Groupon in a research note on Thursday, July 28th. Finally, Jefferies Group restated a "hold" rating on shares of Groupon in a research note on Monday, July 11th. Three research analysts have rated the stock with a sell rating, ten have issued a hold rating, nine have issued a buy rating and two have issued a strong buy rating to the company's stock. Groupon has an average rating of "Hold" and a consensus target price of $6.70.
Groupon (NASDAQ:GRPN) traded down 0.39% during mid-day trading on Wednesday, reaching $5.05. 3,010,072 shares of the company were exchanged. The stock's market capitalization is $2.90 billion. The stock has a 50 day moving average of $5.21 and a 200-day moving average of $4.36. Groupon has a one year low of $2.15 and a one year high of $5.94.
In related news, Director Peter J. Barris sold 730,349 shares of the company's stock in a transaction dated Friday, August 12th. The shares were sold at an average price of $5.69, for a total value of $4,155,685.81. Following the completion of the sale, the director now directly owns 116,923 shares of the company's stock, valued at $665,291.87. The transaction was disclosed in a legal filing with the SEC, which can be accessed through this hyperlink. Also, insider James Sullivan sold 20,000 shares of the company's stock in a transaction dated Wednesday, August 10th. The stock was sold at an average price of $5.81, for a total transaction of $116,200.00. Following the completion of the sale, the insider now directly owns 299,778 shares of the company's stock, valued at $1,741,710.18. The disclosure for this sale can be found here. 23.86% of the stock is currently owned by corporate insiders.
Hedge funds have recently added to or reduced their stakes in the company. Vanguard Group Inc. raised its stake in Groupon by 0.3% in the second quarter. Vanguard Group Inc. now owns 28,272,685 shares of the coupon company's stock worth $91,887,000 after buying an additional 97,566 shares during the period. Renaissance Technologies LLC raised its stake in Groupon by 1.9% in the first quarter. Renaissance Technologies LLC now owns 12,645,900 shares of the coupon company's stock worth $50,457,000 after buying an additional 240,700 shares during the period. First Trust Advisors LP raised its stake in Groupon by 36.4% in the second quarter. First Trust Advisors LP now owns 11,161,721 shares of the coupon company's stock worth $36,276,000 after buying an additional 2,976,695 shares during the period. HBK Investments L P raised its stake in Groupon by 329.2% in the first quarter. HBK Investments L P now owns 3,494,900 shares of the coupon company's stock worth $13,945,000 after buying an additional 2,680,569 shares during the period. Finally, JPMorgan Chase & Co. raised its stake in Groupon by 81.0% in the second quarter. JPMorgan Chase & Co. now owns 2,786,548 shares of the coupon company's stock worth $9,056,000 after buying an additional 1,246,957 shares during the period. 54.60% of the stock is owned by institutional investors.
About Groupon
Groupon, Inc operates online local commerce marketplaces throughout the world that connect merchants to consumers by offering goods and services at a discount. The Company operates through three segments: North America, which represents the United States and Canada; EMEA, which consists of Europe, the Middle East and Africa, and international operations (Rest of World).
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