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December 6, 2010
LOUIS OLIVEREZ, JR., PLAINTIFF,v.BEN ALBITRE, ET AL.,DEFENDANTS.
(Doc. 14)
Findings and Recommendations Addressing Motion to Dismiss
I. Procedural History
Plaintiff Louis Oliverez, Jr., a state prisoner proceeding pro se and in forma pauperis, filed this civil rights action pursuant to 42 U.S.C. § 1983 on February 26, 2009. This action is proceeding on Plaintiff's amended complaint, filed May 7, 2009, against Defendants Albitre and Adams for violation of the Free Exercise Clause of the First Amendment. Plaintiff's claim arises out of his inability to gain access to his prayer oil for prayer and worship.
On April 23, 2010, Defendants filed a motion to dismiss the claim against Defendant Adams for failure to state a claim and to dismiss the action for failure to exhaust. Fed. R. Civ. P. 12(b). On June 16, 2010, after obtaining an extension of time, Plaintiff filed an opposition, and on June 17, 2010, Defendants filed a reply.*fn1 Plaintiff filed a surreply on July 6, 2010. Although there is no right to file a surreply, the Court elects to consider it in this case.
II. Motion to Dismiss Defendant Adams for Failure to State a Claim
A. Legal Standard
"The focus of any Rule 12(b)(6) dismissal . . . is the complaint," Schneider v. California Dept. of Corr., 151 F.3d 1194, 1197 n.1 (9th Cir. 1998), which must contain "a short and plain statement of the claim showing that the pleader is entitled to relief . . . ," Fed. R. Civ. P. 8(a)(2). "To survive a motion to dismiss, a complaint must contain sufficient factual matter, accepted as true, to 'state a claim that is plausible on its face.'" Ashcroft v. Iqbal, 129 S.Ct. 1937, 1949 (2009) (quoting Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555, 127 S.Ct. 1955, 1964-65 (2007)); Moss v. U.S. Secret Service, 572 F.3d 962, 969 (9th Cir. 2009). The mere possibility of misconduct falls short of meeting this plausibility standard. Iqbal, 129 S.Ct. at 1949-50; Moss, 572 F.3d at 969.
Detailed factual allegations are not required, but "[t]hreadbare recitals of the elements of a cause of action, supported by mere conclusory statements, do not suffice," Iqbal, 129 S.Ct. at 1949 (citing Twombly, 550 U.S. at 555), and courts "are not required to indulge unwarranted inferences," Doe I v. Wal-Mart Stores, Inc., 572 F.3d 677, 681 (9th Cir. 2009) (internal quotation marks and citation omitted). However, although the pleading standard is now higher, prisoners proceeding pro se in civil rights actions are still entitled to have their pleadings liberally construed and to have any doubt resolved in their favor. Hebbe v. Pliler, No. 07-17265, 2010 WL 4673711, at *3 (9th Cir. Nov. 19, 2010) (citations omitted).
B. Plaintiff's Allegations
Plaintiff is an inmate at California State Prison-Corcoran (CSP-Corcoran). Defendant Adams is the warden of CSP-Corcoran and Defendant Albitre is the Native American spiritual leader at CSP-Corcoran.
In September 2008, Plaintiff ordered a book and a sixteen-ounce container of prayer oil from an approved outside vendor. (Doc. 7, Amend. Comp., court record p. 3.) Pursuant to prison policy, a representative of the chaplain's office keeps inmates' prayer oil and distributes it two ounces at a time for prayer and worship. (Id., p. 4.) Defendant Albitre is the representative for the pagan/earth-based religious groups, including Native Americans, Odinists, and Wiccans. (Id.) Plaintiff, a Wiccan, requested two ounces of prayer oil from Defendant Albitre, but received no response. (Id.) Plaintiff then requested a copy of his order receipt, but the request was denied by Defendant Albitre. (Id.)
On November 10, 2008, Plaintiff submitted an inmate appeal, but received no response. (Id.) On December 13, 2008, Plaintiff submitted a second inmate appeal requesting that his first appeal be addressed, but he again received no response.*fn2 (Id.) On January 30, 2009, Plaintiff wrote a letter to Defendant Adams complaining about Defendant Albitre's failure to respond to his requests for the issuance of his prayer oil and requesting that Adams assist with the facilitation of the free exercise of his religion. (Id., pp. 35-6.)
C. Discussion
Defendant Adams moves for dismissal of the claim against him on the ground that Plaintiff is attempting to impose liability on him based on his role in the chain of command and that Plaintiff fails to "adequately describe precisely how [he] individually participated in or directed any alleged violations of [Plaintiff's] civil rights." (Doc. 14, Motion, court record 9:14-15.) Defendant contends that Plaintiff is seeking to impermissibly impose liability based on respondeat superior, and that his vague, conclusory allegations are insufficient to state a claim.
Under section 1983, Plaintiff must show that Defendant Adams was personally involved in the violation of his constitutional rights. Jones v. Williams, 297 F.3d 930, 934 (9th Cir. 2002). There is no respondeat superior liability under section 1983, and therefore, Defendant Adams may only be held liable for his own misconduct. Iqbal, 129 S.Ct. at 1948-49.
Prison administrators cannot willfully turn a blind eye to constitutional violations being committed by subordinates. Jett v. Penner, 439 F.3d 1091, 1098 (9th Cir. 2006) (prison administrators are liable if they knowingly fail to respond to a request for help). A supervisor may be held liable for the constitutional violations of his subordinates if he "participated in or directed the violations, or knew of the violations and failed to act to prevent them." Taylor v. List, 880 F.2d 1040, 1045 (9th Cir. 1989); also Corales v. Bennett, 567 F.3d 554, 570 (9th Cir. 2009); Preschooler II v. Clark County School Board of Trustees, 479 F.3d 1175, 1182 (9th Cir. 2007); Harris v. Roderick, 126 F.3d 1189, 1204 (9th Cir. 1997). Thus, if Defendant Adams was placed on notice of an ongoing constitutional violation and failed to intervene, Plaintiff may properly proceed against him. Jett, 439 F.3d at 1098; Taylor, 880 F.2d at 1045.
Plaintiff's letter was sufficient to place Defendant Adams on notice that Plaintiff was complaining that his ability to practice his religion was being hindered because Defendant Albitre was not responding to his requests for prayer oil.*fn3 Because Defendant Adams cannot turn a blind eye to a claim that a subordinate is violating an inmate's constitutional rights, Jett, 439 F.3d at 1098, the Court finds that Plaintiff's allegations are sufficient, at the pleading stage, to state a claim against Defendant Adams, Hebbe, 2010 WL 4673711, at *3. The Court recommends Defendants' motion to dismiss this claim be denied.
III. Motion to Dismiss for Failure to Exhaust
Pursuant to the Prison Litigation Reform Act of 1995, "[n]o action shall be brought with respect to prison conditions under [42 U.S.C. § 1983], or any other Federal law, by a prisoner confined in any jail, prison, or other correctional facility until such administrative remedies as are available are exhausted." 42 U.S.C. § 1997e(a). Prisoners are required to exhaust the available administrative remedies prior to filing suit. Jones v. Bock, 549 U.S. 199, 211, 127 S.Ct. 910, 918-19 (2007); McKinney v. Carey, 311 F.3d 1198, 1199-1201 (9th Cir. 2002). Exhaustion is required regardless of the relief sought by the prisoner and regardless of the relief offered by the process, Booth v. Churner, 532 U.S. 731, 741, 121 S.Ct. 1819, 1825 (2001), and the exhaustion requirement applies to all suits relating to prison life, Porter v. Nussle, 435 U.S. 516, 532, 122 S.Ct. 983, 992 (2002).
The failure to exhaust in compliance with section 1997e(a) is an affirmative defense under which the defendants have the burden of raising and proving the absence of exhaustion. Jones, 549 U.S. at 216; Wyatt v. Terhune, 315 F.3d 1108, 1119 (9th Cir. 2003). The failure to exhaust is subject to an unenumerated Rule 12(b) motion, and in resolving the motion, the Court may look beyond the pleadings and decide disputed issues of fact. Morton v. Hall, 599 F.3d 942, 945 (9th Cir. 2010); Wyatt, 315 F.3d at 1119-20. If the Court concludes that the prisoner has failed to exhaust, the proper remedy is dismissal without prejudice. Jones, 549 U.S. at 223-24; Lira v. Herrrera, 427 F.3d 1164, 1175-76 (9th Cir. 2005).
B. Defendants' Motion
The California Department of Corrections and Rehabilitation has an administrative remedy process which allows prisoners to appeal any departmental decision, action, condition, or policy which has an adverse effect on them. Cal. Code Regs., tit. 15 § 3084.1(a) (2010). The process is initiated by submitting a CDCR Form 602. Tit. 15, § 3084.2(a). Four levels of appeal are involved, including the informal level, first formal level, second formal level, and third formal level, also known as the "Director's Level." § 3084.5. Appeals must be submitted within fifteen working days of the issue being appealed, and inmates are required to attempt to resolve the appeal informally unless one of the exceptions to the informal level applies. §§ 3084.5(a), 3084.6(c).
Defendants represent that exhaustion occurs only after the issuance of a Director's Level decision, and argue that Plaintiff failed to file a single appeal relating to either the incident or Defendants Albitre and Adams, entitling them to dismissal of this action. (Doc. 14-2, Motion, Cano Dec., ¶¶6, 7; Doc. 16, Foston Dec., ¶¶8-11.) Defendants contend that although Plaintiff alleges he filed two appeals, he did not include a copy of the original appeal and his allegations are both insufficient to demonstrate exhaustion and unconvincing. Defendants do not concede that Plaintiff filed two appeals, but suggest that if he did and received no response, as he alleges, he should have given an appeal to another correctional officer, filed an appeal with the appeals coordinator, or bypassed the informal level of appeal.
Defendants also contend that given Defendant Albitre's alleged failure to respond, Plaintiff should have submitted an appeal describing that problem to another staff member in order to place the prison on notice and create a record of his attempts to appeal. Further, Defendants contend that a staff complaint regarding an officer or other personnel is supposed to be filed at the first formal level of review, bypassing the informal level. (Foston Dec., ¶4.) Defendants argue that Plaintiff attempted to bypass the appeals process and he made no real effort to exhaust prior to filing suit.
Finally, Defendants argue that even if the appeal was submitted as represented by Plaintiff, the copy provided by Plaintiff demonstrates that it did not grieve Defendant Adams' participation in the violation of Plaintiff's rights, entitling Adams to dismissal.
C. Plaintiff's Opposition
Plaintiff argues that after filing appeals on November 10, 2008, and December 13, 2008, neither of which received a response, the only recourse left was to file a civil lawsuit. Plaintiff disputes Defendants' characterization of the appeals process as one in which inmates present the appeal to the appropriate prison official for response. Instead, Plaintiff contends that the procedure is to place the appeal in a wooden box in the housing unit. The appeals are collected each weekday by the designated appeals coordinator and then distributed to the appropriate department, office, or personnel.
With respect to the suggestions tendered by Defendants regarding what Plaintiff should have done, Plaintiff contends that there is an established appeals procedure and the alternatives suggested by Defendants are impermissible. Plaintiff contends that the suggestions would circumvent the established appeals process and could lead to a finding that he was abusing the appeals process or manipulating staff.
Plaintiff points out that appeals submitted for review at the informal level are not assigned log numbers. Plaintiff contends that his appeals were appropriately submitted for informal level review and as a result, no log numbers were assigned.
Plaintiff attests that he asked Defendant Albitre when he would be responding to the November 10 appeal. (Doc. 19, Opp., Ex. B, Oliverez Dec.) When Defendant Albitre said he never received it, Plaintiff submitted the second appeal on December 13. (Id.) Inmate witness Jeffery Scott Amaral attests that he assisted Plaintiff in drafting an appeal regarding Defendant Albitre's failure to provide Plaintiff with his prayer oil and he was with Plaintiff when Plaintiff deposited the appeal in the housing unit's appeals box in November 2008. (Id., Ex. C, Amaral Dec.) Inmate witness Diego Hernandez attests that he resides in the same housing unit, and he saw Plaintiff and inmate Amaral drafting an appeal regarding Plaintiff's prayer oil and he accompanied them to the appeals box, where it was deposited. (Id., Ex. D, Hernandez Dec.) Approximately one month later, inmate Hernandez assisted Plaintiff in drafting the second appeal. (Id.)
D. Reply and Surreply
In reply, Defendants again assert that the administrative remedy process is complete only after an inmate receives a decision from the Director's Level of review, and that Plaintiff's allegations that he submitted two appeals and his purported copy of the second appeal without a log number are insufficient to demonstrate exhaustion. Defendants dispute that there was no further recourse available to Plaintiff and they contend that if Defendant Albitre failed to respond to Plaintiff's appeals, he could have filed an appeal at the first formal level of review, and he should have filed an appeal grieving Defendant's failure to respond to his appeal. Defendants also reassert that appeals involving misconduct by an individual officer or other personnel bypass the informal level and are submitted directly to the first formal level. Finally, Defendants contend that even if the appeal copy is accepted as authentic, it is silent as to Defendant Adams' misconduct and is insufficient to exhaust that claim because it does not provide notice to prison officials as to Adams' involvement.
In his surreply, Plaintiff again states that he does not control the process and that inmates place their appeals in a wooden box in the housing unit. The appeals are collected by the appeals coordinator for review, and Plaintiff does not have the ability to determine who should review the appeal. In support of his position, Plaintiff submits the log tracking sheets prepared by Officer H. Flores, which show that he submitted appeals in November 2008 and December 2008, as he claims. (Doc. 23, Surreply, Exs. A & B.)
E. Discussion
1. Defendant Albitre
Exhaustion is mandatory and unexhausted claims must be dismissed. Jones, 549 U.S. at 211. Compliance with the exhaustion requirement requires prisoners to adhere to the deadlines and other critical procedural rules, Woodford, 548 U.S. at 90, and the exhaustion requirement may not be satisfied by filing an untimely or otherwise procedurally defective appeal, id. at 83-84 (quotations omitted). If an inmate is satisfied with the relief granted or partially granted at any level of review, he has no obligation to pursue the appeal to the next higher level of review. Harvey v. Jordan, 605 F.3d 681, 685 (9th Cir. 2010). Thus, a Director's Level decision is not necessarily required for exhaustion to occur. Harvey, 605 F.3d at 685. Finally, the failure to exhaust may be excused where the administrative remedies are rendered effectively unavailable. Sapp v. Kimbrell, 623 F.3d 813, 822-23 (9th Cir. 2010); Nunez v. Duncan, 591 F.3d 1217, 1224 (9th Cir. 2010).
Although Defendants dispute the existence of the two appeals and point out the absence of any record of log numbers, Plaintiff describes the process as one in which inmates submit the appeals via a wooden box and the distribution is up to the appeals coordinator. Appeals submitted at the informal level of review are not assigned log numbers, which explains why there is no official record of Plaintiff's appeals. Further, the two inmate appeal tracking logs submitted by Plaintiff show that on November 14, 2008, and again on December 13, 2008, Plaintiff submitted appeals regarding personal/property issues, which were assigned to the chaplain for review. Respectively, the appeals were received on November 16, 2008, and December 15, 2008; and the appeals were assigned on November 17, 2008, and December 15, 2008. The appeals were not received back or returned to Plaintiff. The logs support Plaintiff's version of events that he submitted two appeals at the informal level of review, but received no response from Defendant Albitre, who was allegedly the chaplain's representative for Plaintiff's religious group.
Defendants suggest that Plaintiff did not follow the correct procedure because the informal level of appeal is bypassed when the issue involves staff misconduct. However, that exception is applicable to departmental peace officer misconduct rather than all prison staff misconduct. § 3084.5(a)(3)(G). There is no evidence that Defendant Albitre, as a chaplain's office representative, is a departmental peace officer. Further, it does not appear that inmates control decisions regarding whether the appeal is presented for informal level review or if that level is bypassed.
Finally, Plaintiff is not required to conceive of ways to work around the failure of the reviewer to respond to his properly submitted appeals. Sapp, 623 F.3d at 822-23; Nunez, 591 F.3d at 1224; Brown v. Valoff, 422 F.3d 926, 939-40 (9th Cir. 2005). The regulations governing the inmate appeals process apply with equal force to inmates and prison officials. If an inmate complies with the procedural rules, but staff members fail to respond to the appeal in compliance with applicable procedural rules or otherwise thwart the process, it becomes unavailable. Sapp, 623 F.3d at 822-23; Nunez, 591 F.3d at 1224. In light of the evidence that Plaintiff submitted two appeals concerning property/personal issues, those appeals were assigned to the chaplain for response, and no response was received back, Defendant Albitre is not entitled to dismissal of this action on the ground that Plaintiff failed to exhaust. Sapp, 623 F.3d at 822-23; Nunez, 591 F.3d at 1224.
2. Defendant Adams
Defendant Adams allegedly joined in the violation of Plaintiff's rights when he failed to intervene after being placed on notice that Plaintiff's ability to practice his religion was being hindered via Defendant Albitre's refusal to distribute Plaintiff's prayer oil. Defendant Adams was allegedly placed on notice of the ongoing constitutional violation by letter dated January 20, 2009. Plaintiff's attempts to appeal occurred prior to this, raising the question where those appeals satisfy the exhaustion requirement as to the claim against Defendant Adams.
"[T]he primary purpose of a grievance is to notify the prison of a problem, and facilitate its resolution." Griffin v. Arpaio, 557 F.3d 1117, 1120 (9th Cir. 2009). In the absence of greater specificity required by the applicable regulations, a grievance is sufficient "'if it alerts the prison to the nature of the wrong for which redress is sought.'" Griffin, 557 F.3d at 1120 (quoting Strong v. David, 297 F.3d 646, 650 (7th Cir. 2002)). In California, inmates are required only to describe the problem and the action requested. Cal. Code Regs., tit. 15 § 3084.2(a) (West 2010).
Because the constitutional violation at issue - Plaintiff's inability to exercise his religion due to the deprivation of his prayer oil - was an ongoing violation involving the same core facts and because prison regulations do not require inmates to name each prison official they believe to be involved in the event being appealed, the Court finds that Plaintiff's appeals were sufficient to grieve his constitutional claim against both Albitre and Adams. Griffin, 557 F.3d at 1120.
IV. Conclusion and Recommendation
For the reasons set forth herein, the Court finds that Defendants are not entitled to dismissal of the claim against Defendant Adams for failure to state a claim, and Defendants are not entitled to dismissal of this action for failure to exhaust. Accordingly, the Court HEREBY RECOMMENDS that Defendants' motion to dismiss, filed April 23, 2010, be DENIED.
These Findings and Recommendations will be submitted to the United States District Judge assigned to the case, pursuant to the provisions of Title 28 U.S.C. § 636(b)(l). Within thirty (30) days after being served with these Findings and Recommendations, the parties may file written objections with the Court. The document should be captioned "Objections to Magistrate Judge's Findings and Recommendations." The parties are advised that failure to file objections within the specified time may waive the right to appeal the District Court's order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).
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Letter of Credit Coordinator (Customer service medewerker)
The Letter of Credit Coordinator issues pro forma invoices for the West-African region (Egypt, Tunesia and Marocco) and follows up on LC work process failures. The LC Coordinator works closely together with customer facing CSR¿s within DOW and Freight forwarders.
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• Right away obvious changes. Unlike standard weight-loss, liposuction develops modifications that are immediately noticeable in the body. Some distinction is visible right away, and the desired outcomes are generally accomplished in simply a few days.
• Proven and safe. This cosmetic procedure has actually been performed by knowledgeable cosmetic surgeons all over the world for years and the strategy has actually been improved over and again to be safe and efficient.
• Healing time is typically quick. The downtime needed after having this type of procedure is normally much less than exactly what is required for other types of cosmetic procedures, consisting of abdominoplasty, breast reduction, and more. Individuals who have had the procedure can frequently return to work much more quickly than they prepared for and can return to living a healthy, active way of life.
• Weight reduction can be irreversible. With the ideal maintenance methods, the fat that was eliminated throughout the liposuction treatment will not return.
• Complete control over your body. With liposuction, a person can have complete control over how they want to look, beyond what standard diet and exercise can provide. Providing people this power over their bodies enhances self-esteem and aid people feel their very best.
While there many benefits to liposuction, there are obviously a few caveats that should be considered before making the final decision to move forward with the procedure.
Cons of Liposuction
Before having liposuction done, it's important to analyze the possible disadvantages of the treatment and determine if the advantages exceed the threats in your specific case. Your surgeon can assist you find out more about the dangers associated with the treatment and can help you decide if progressing is the best thing for you.
• Issues with general anesthesia. Since liposuction is carried out under basic anesthesia, the procedure brings the same threats as other kind of surgical treatment where basic anesthesia is used. Hidden medical conditions might increase these dangers.
• Negative responses. Bruising, bleeding, and discomfort are all to be expected, however, in unusual cases can cause more substantial complications.
• The prospective to gain the weight back. After having liposuction done, it is crucial to maintain a healthy diet and workout correctly as advised by your physician. Failure to do so might result in acquiring back the weight that was lost or perhaps a lot more.
Although there are threats related to liposuction, for many individuals, the advantages far outweigh them. Educate yourself about the procedure by having thorough discussions with your specialist and consider how liposuction has the possible to impact you as an unique person. Only you and your cosmetic surgeon can identify if liposuction will provide you with the outcomes you are looking for within your expectations.
Laser Liposuction procedure is a new non invasive procedure to loose unwanted bodyfat in Shadyside OH
Laser liposuction is a more recent, minimally invasive treatment that involves heating the fat cells to melting point and removing the melted fat through a little cannula. The treatment is typically done right in your doctor's workplace and is an excellent alternative for individuals who have less than 500 ml of fat to get rid of from any one location. Laser liposuction can be a safe, complementary procedure to weight-loss in order to sculpt the body you have actually constantly wanted.
Contact a Surgeon in your Shadyside OH today.
If you're thinking about liposuction as a weight reduction solution, it's important that you discuss your desires with a certified plastic surgeon in your location. Your specialist will perform a total exam and health history survey to identify if liposuction can benefit you and help you reach your physical and psychological goals. Call today for an examination and find out more about how liposuction can help you accomplish the body of your dreams.


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Basement waterproofing in Perrysburg, OH is highly recommended, because the last thing you want to deal with is water damage anywhere in your home. Water damage can cost hundreds or even thousands of dollars to get repaired, which is precisely why you will have to hire professionals to waterproof your basement. If you want to avoid having to spend a lot of money on repairs later on when your basement floods, it's definitely a good idea to pay for these services as soon as possible.
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Barry Current Students News
Help Save Unwanted Books From Landfills
Monsignor William Barry Memorial Library Is Helping To Save Unwanted Books From Landfills If you have unwanted books, DVDs, books on CD in your office, dorm, or at home, and they meet the accepted requirements listed below, please bring them to the library, and they will be shipped to Better World Books. Collection boxes are also located in... read more
Barry University Receives Workforce Development and Education Grant from Bank of America Charitable Foundation
Barry University was one of the recipients of The Bank of America Charitable Foundation's 2016 Workforce Development and Education grants. The grant is part of more than $525,000 the bank is investing in support of workforce development and education programs across South Florida. Bank of America's grant helps fund Barry University programs that... read more
Nominations now open for annual St. Catherine Medal for Outstanding Service
http://www.barry.edu/honor-societies/nomination.html Nominations are due: Feb. 8, 2017 Kappa Gamma Pi National Catholic College Honor Society annually makes an award for outstanding service or leadership available to each affiliated college. Sophomores, juniors and seniors are eligible for the award. Sophomore status is equivalent to 30 – 59... read more
Facebook recognizes School of Business student Luisa Castillo Mantilla as successful Latin-American entrepreneur
Social media giant Facebook has recognized Andreas School of Business student Luisa Castillo Mantilla as one of 36 successful Latin-American entrepreneurs. The recognition is part of Facebook's "She Means Business" project. Castillo Mantilla is enrolled in the Master of Science in Entrepreneurial Management (MSEM) as part of the... read more
Thesis-Project Proposal Defense for DMin student Olga Villar
"A Call to a Transformative Encuentro of Hispanic Adult Lay Leadership Formation: A comparative Study of a Rural Mission Parish and an Urban Parish in South Alabama" Date: Friday, December 2, 2016Time: 2 – 3 p.m.Location: O'Laughlin Conference Room 225 Mentor: Marc Lavallee, PhD, Doctor of Ministry Program DirectorFaculty Readers: James... read more
Food Service Thanksgiving Holiday Hours of Operation
November 21- 27th, 2016 Roussell Dining Hall @ Landon Student Union Monday - Wednesday 7:30am-10:30am Breakfast 11:00am-2:00pm Lunch 2:00pm-4:30pm Lite Lunch 5:00pm-8:00pm Dinner 8:00pm-10:00pm Late Dinner Thursday-Sunday 10:00am-2:00pm Brunch 5:30pm-8:00pm Traditional Thanksgiving (Thursday Dinner) Outtakes (C-Store) @ Dominican Hall... read more
School of Business explores academic partnership with university in Argentina
Dean Myriam de Marco from Universidad del Norte Santo Tomás de Aquino de Argentina (UNSTA), a Dominican university, recently visited Barry University and met with assistant dean Paola Moreno and Dean Tomislav Mandakovic to explore potential academic joint initiatives. Academic initiatives discussed include: a double degree at the MBA level... read more
Message from the Provost
The retirement of Dean Darlene Kluka, effective December 31, 2016, has afforded us the opportunity to think strategically about our organizational structure and our ongoing effort to improve efficiency and create synergies. After discussions with the Dean, faculty and staff of the School of Human Performance and Leisure Sciences... read more
Barry Bookstore: 2-Day Sale
Barry Bookstore will have a 2-Day Sale from November 15-16. We will offer: 25% off Nike, outerwear, sweatshirts, sweatpants and more. Visit us in Landon Student Union or shop online at Barrystore.com. read more
Dean's Advisory Council meets; commits to supporting several initiatives
The Dean's Advisory Council (DAC) of the D. Inez Andreas School of Business met Oct. 12 and pledged support to several initiatives. Hosted by Whole Foods Market, council members of DAC once again committed to supporting students, enrollment in the School of Business, internships, job opportunities, mentorship and improvements to the Student... read more


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Does anyone still really want to listen to Osborne's dogmatic theory of 'expansionary fiscal contraction'? This abstract idea claims that if only the private sector employers were freed from the shackles of basic employment rights and there were deep enough government cuts to stop the public 'crowding out' private investment; we would all reach the nirvana of growth and prosperity. However, the majority of people fortunately reject austerity; with a recent poll showing the British people would prefer an economic strategy closer to President Hollande than Osborne. For Barking and Dagenham Against the Cuts the next step is resistance. The conference last Saturday brought together local people, knowledgeable about the impact cuts will play on their community, to debate alternatives.
This was a conference, however modest, that brought together experts from Defend Council Housing, Keep Our NHS Public and Coalition of Resistance, and was informative, accessible and certainly an experience to build further resistance on. Warm welcomes and teas aside, we were all invited to listen to these inspiring and insightful accounts of how this deprived borough of London will fall further victim to austerity imposed by our millionaire cabinet. But crucially, initiatives, and practical examples of how best to approach these challenges, were the goal. We broke into different workshops that throughout the day discussed jobs, benefits, pensions, NHS, council housing, and the fight against fascism. All action points and feedback were reported back at the end.
Defend Council Housing
The Defend Council Housing workshop was very informative. With over 5 million on the housing waiting list, it is clear that there is a real crisis in housing. We heard from local residents who could talk on behalf of neighbors with either severe housing needs, overcrowding, or who were being forced to pay extortionate rent in the private sector. There is no doubt that housing demands urgent attention. The meeting addressed government attacks on tenancy agreements and initiatives to ensure local people are aware of their rights as legal aid budgets diminish and Citizen Advice Bureaus start to buckle under the pressure of funding cuts.
The workshop gave an accessible breakdown of the housing jargon, combined with opportunity to share stories of the impact of the government's attacks. It made it painstakingly clear that what the government defines as 'affordable rents' bare little reality to those in living in Barking. Stories were exchanged, including one woman describing neighbors who were thrown out, along with all of their belongings, as rents were not met and private landlords took matters into their own hands. A teacher highlighted the feelings of insecurity of many living on 6 month fixed contracts; unsure of the future. We heard further stories about the many families in Barking and Dagenham currently living in one room, and the impact this is having on the children growing up in the household.
The belief that councils should provide affordable, adequate council housing was unanimous. Government imposed rent controls and sufficient regulation to ensure basic standards of provision (i.e. heating, gas, water, free of damp, replace broken windows/furniture etc.) for private sector housing were among the articulated demands to meet local needs.
The workshop also covered the evolution of council housing, spanning from Thatcher's Right to Buy (1980), to the abolition of rent controls. For Barking and Dagenham at least, these changes paved the way for New Labour to use private finance initiative (PFI) to build hospitals and homes, whilst draining the council of money. These contracts ensured further housing would be open to private landlords rather than desperately needed council housing, resulting in a national increase of evictions by private landlords, which are up by 17per cent since the 2007 crash - Barking far exceeds that with an increase of 30 per cent in the last year.
The conference focused on outreach, and organising local tenancy and housing associations to meet the shortfall in advice with leaflets and meetings, and working together to resist further evictions.
Job losses, pensions and workfare
The workshop on jobs, pensions and workfare was a useful session that clearly linked all three areas, and attendees shared experiences on how to resist the changes that are taking place. One man from Remploy, a leading provider of employment services that support disabled jobseekers, expressed concerns about his ability to pay rent if the local factory closes. There are plans to resist the closure, and save the factory that provides jobs to over 500 employees locally on 4 July, but with 'no jobs out there', the man felt himself and fellow employees were being 'put on the scrapheap'. Plans to demand union support for the protest are underway. In addition, workers from Remploy, will be protesting outside the house of Secretary of State for Work and Pensions, Ian Duncan Smith.
There were two additional workshops that covered multiculturalism and resisting fascism, and the NHS privatisation. Both are historically crucial topics for Barking and Dagenham, with the BNP having previously been the second-largest party, and one of the local hospitals being in dire financial straits.
However, it is clear that with modest but ambitious collectives like Barking and Dagenham Against the Cuts emerging, resistance to such pressures is not going to be muted. It was apparent from the start that sense of community, knowledge of local services and understanding of the impacts of the cuts, is what unites this group and gives them the tools to stand up to the politicians in Whitehall implementing and supporting these damaging initiatives.
For more information on Barking and Dagenham's fight against the cuts, you can visit the group's website: www.bdagainstthecuts.wordpress.com
Sheldon Ridley spoke to students taking part in their first national demonstration.
A three-day general strike has brought Sudan to a stand still as people mobilise against the government and inequality. Jenny Nelson writes.
Lewisham residents object to a new trend in local authority housing developments
Marienna Pope-Weidemann reports on disruption at the European Custody and Detention Summit
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contact: technicalname: Chris Cowherdorganisation: Donuts Inc.address: c/o Donuts Inc., 10500 NE 8th Street, Suite 350address: Bellevue, Washington 98004address: United Statesphone: +1.425.296.6802fax-no: +1.425.671.0020e-mail:
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Unable to perform whois check for: sannhadat.land


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Burt Wolf: Travels & Traditions
Touring IrelandSeries Website »
Episode Guide »
Burt visits Ireland's great pilgrimage sites, follows the trails of St. Patrick, investigates the history of Guinness, learns about the most valuable book in Ireland, looks at the great architecture of Dublin and finds out what's good to eat. This program could easily become the basis for your own fascinating tour of Ireland.
CommentsShare your thoughts, questions, and comments on "Burt Wolf: Travels & Traditions" here.
Vermont PBS educates, informs, entertains and inspires Vermonters to be lifelong learners and engaged in their community.
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Recorded live at the 2016 Burlington Discover Jazz Festival, we're back with Season 2 of Discover Jazz
Our weekly email newsletter highlighting upcoming shows and important station news. Sign up today!


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Home › Games & Toys › Strategy Brains › Memory Games › Simon Carabiner
Simon Carabiner
Ahhh, the 80s. That totally awesome decade that brought us big hair, 24/7 music videos, the Brat Pack and Simon.
Now, the classic electronic game of sharp memories and fast hands is back to exercise the minds of a new generation while giving the older fogies a little neuron nostalgia...ON THE GO!
This tiny little brain teaser easily clips to your key-chain bundle and will entertain you wherever you are.
Is the dentist a little behind schedule? Simon it up! Stuck in the backseat in traffic? Flip on Simon! Is your fast food order looking more like slow food? Whip out the Simon! Never be bored with the handy Simon carabinder.
The IdeaA portable, carabinder version of classic Simon.
The BrainsWork your short term memory like never before.
The A-HaUltra portability for ultimate memory fun.
Brain Health Expert Says
The Brain Coach Says
Simon was one of my favorite games a kid and I still love playing it. This portable version is great for car trips.
Product Details
|Brain Category
|Recommended Age
|Stocking Stuffers


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You purchased this item onView this order
E.L.F. Cosmetics, 32 Piece Eyeshadow Palette, 0.9 oz (25.5 g) (Discontinued Item)
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- Your loyalty credit will be applied towards your next order as soon as your current order has shipped.
- Your loyalty credits are valid for up to 60 days from the date of your last purchase.
Shipping Weight:?0.47 lbs (0.21 kg)Shipping WeightThe Shipping Weight includes the product, protective packaging material and the actual shipping box. In addition, the Shipping Weight may be adjusted for the Dimensional Weight (e.g. length, width & height) of a package. It is important to note that certain types of products (e.g. glass containers, liquids, fragile, refrigerated or ice packed) will often require protective packaging material. As such, these products will reflect a higher Shipping Weight compared to the unprotected product.
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- Package Quantity: 0.9 oz (25.5 g)
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Sunny, simple and flavorful – what else would you expect from a quick Greek fish recipe? Have your fish monger gut and trim the fish if you prefer filets over whole fish. This is perfect whether you choose bass, snapper, sole or even wild salmon.
A wonderfully balanced vinaigrette that has that sweet and tangy thing going on, making it suitable for all sorts of salads. Greek honey has tons of extra flavor so it's worth swapping out your usual honey for this imported ingredient.
This is an emerald green wonder – gorgeous, fresh and nutritious, the perfect pasta toss.
Here in Montreal, Aux Vivres is a beloved vegetarian restaurant. They're famous for their Dragon Bowl, which is bowl food at its best. I created my own special bowl food meal with my Mecca Bowl. It's for vegetarians or anyone with good taste (you can and add either grilled chicken or grilled tofu as the protein component). The colourful arrange of healthy grains, stunning beets, carrots, atop baby greens and anointed with uniquely delectable ginger-garlic vinaigrette I invented makes this a riveting lunch classic in the restaurant chez food (i.e. your kitchen). The trick is to have things ready-to-go and then the assembly is 1,2,3 quick!
This is a kinder, gentler chilli, replete with all the fixins' that makes this a staying meal but one that's light on the heat. Sweet paprika goes a long way in the flavor department; the lean turkey, mix of fiber-rich beans and other goodies ensures this dish will become a dinner-time repertoire staple. You can opt for vegetarian with this recipe by swopping out the ground turkey for browned 'hamburger' tofu that is available in most health food stores.
You can use any oatmeal recipe you like or mine Old Fashioned Irish Oatmeal to match up with this easy, oven-method of slow-roasting cranberries. A touch of coconut oil and maple syrup and the oven heat, and they turn out densely flavorful, deeply scarlet and are simply amazing, as a compote or unique topping on oatmeal (ice-cream or cakes).
Refreshing layers of cucumbers, couscous and hummus, all bound with an exotic sumac-kissed vinaigrette, make this a fetching summer salad-in-a-jar.
Pears are overlooked in autumn, as apples take top billing but they are so elegant. Small pears, poached in Earl Grey Tea, with some honey and vanilla are sublime. You can also make these in red wine or apple cider instead of the tea, or use green tea and add orange zest to the brew.


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phone view phone(951) 686-1450 fax view fax(951) 686-3083 Address 3750 University Avenue
P.O. Box 1028
Riverside, California 92502
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P.O. Box 1028
Riverside, California 92502
United States
http://www.bbklaw.com Send Email
|Areas of Practice
|1) Labor And Employment
|Law School
|Loyola Law School, Los Angeles
|Juris Doctorate
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|Best Best & Krieger LLP
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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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Legal secretary, Business Litigation Firm
USA-CA-Walnut Creek
Dynamic and growing 6 lawyer firm in Walnut Creek, California seeks an experienced legal secretary, with proven success in supporting an active state and federal litigation practice. Are you ti...
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Paralegal Responsibilities: Provide legal assistance & support during all phases of litigation to the Staff Counsel attorneys. Drafting of various legal documents including pleadings, settlement docu...
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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.


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Estimated delivery date: 1 (based on standard shipping).
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Mincemeat Cakes
Total Time
Prep 10 mins
Cook 20 mins
Can't remember where I got this from...it might have been from someone on another web site. This is great for using up that last bit of mincemeat that's always left in the jar after you've made the mince pies! 20 Oct 08- When I made the yesterday, I sprinked the tops with brown sugar and cinnamon before I put them in the oven.....yummy!!
Ingredients Nutrition
- 2 ounces caster sugar
- 3 ounces soft margarine
- 1 egg, beaten
- 1 tablespoon milk
- 4 ounces self raising flour
- 2 tablespoons mincemeat
- Preheat oven to 190C (gas no 5) and prepare a 12 hole cake tin with paper cases. You can also make these muffin size (makes 6 muffins).
- Cream together the sugar and margarine.
- Beat in the egg and add the milk.
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Summary and highlights (Friesen – UBC Authors)1UBC Authors and Their Works Program, 1991 – 2006(includes BC in Print Exhibits; Our Province@150/ Our University@100 Exhibit 2008)Margaret Friesen, Chair, UBC Authors Committee (1992 – 2006)Isabel Pitfield, Chair, UBC Authors Committee (1991 and 1992)Quotes:President Strangway: "Each work should be regarded and celebrated in its own right",March 1997.President Piper: "We tend to take so much of this for granted ....Yet in doing so weoverlook the insight, the originality, the sheer brilliance of so many of our colleagues",March 2006.Outline:1. Goals2. Scope3. Formats4. Impact5. Partners6. Committee members7. Reception invitees8. Highlights and special events9. Facts and figures10. Communications11. Venues1. GoalsThe goals, formulated in large part in 1991 and continued throughout the program, were: to project a positive image of the library within the university to cultivate good relations with the faculty to celebrate the contribution of the library to the publications to provide means for liaison between library staff and faculty to publicize faculty output within the library system and beyond to educate the university and the wider community about the publications of UBCauthors to provide a means for faculty authors to meet their peers across the disciplines2. ScopeThe program identified and celebrated UBC authors and their works annually for 16years. A booklet listing authors and their titles was compiled and distributed to theauthors and guests at the annual Reception and Exhibit. Two brief introductions to thebooklet were written by the University President and the University Librarian. TheUniversity President and University Librarian each made a brief speech at theReception/Exhibit, congratulating all the authors.Summary and highlights (Friesen – UBC Authors)2The works covered were published/created/produced between 1990 and 2005 and theAuthors Reception was held in the following spring, from 1991 to 2006. Eventually theevent became known as UBC Authors Week, with special additional events programmed.From 2002 to 2005, virtual exhibits were also created and featured on the library's webpage.A special "BC in Print Exhibit" was also mounted in the Koerner Library (and virtuallyonline). This exhibit displayed a subset of the works from the year's roster that includedcontent about British Columbia. Sometimes these were chapters in books or case studieson BC topics, information about BC that could otherwise not have been easily discoveredthrough the library catalogue. The exhibit also included books published by UBC Presson BC subjects and award-winning books from UBC Press.Although the UBC Authors program had ceased by then, the library also curated a "BC inPrint" exhibit in April 2008 in the Ridington Room to celebrate the University's 100thanniversary, the Province's 150th anniversary and the opening of the Irving K. BarberLearning Centre. Title of exhibit:Our Province@150 / Our University @100 / Lifelong LearningRidington Room, Level 4, North Side, IKBLCCurated by Margaret Friesen and Pauline Willems with assistance from UBCPress (Kerry Kilmartin) and Ann Doyle, Glenn Drexhage, Aleteia Greenwood,Katherine Kalsbeek, Merry Meredith, Simon Neame, Jill Pittendrigh3. FormatsThe UBC authors lists included printed books, e-books, e-reference works, CD's, CD-ROMs, videos, virtual exhibits (Museum of Anthropology), exhibition catalogues (Morrisand Helen Belkin Art Gallery), music scores, theatre scripts, conference proceedings,edited works, web publications.All academic disciplines were represented: about 25% of the works covered thescience/engineering/health sciences disciplines and 75% the arts/humanities/socialsciences disciplines. The works were written/created by UBC faculty, staff, emeritifaculty, in dozens of languages and published all over the world.In the final year of the program, the 2005 UBC authors (reception in 2006), the finalcount of UBC authors was 158 and unique titles was 166. The majority were books, with7 titles published as an e-book only or in parallel print/e-book versions. The list alsoincluded 4 music scores, 7 CD's (music performances) and 6 DVD videos. The libraryreceived over 40 of these titles as donations from the authors. About 25% of the titlescovered BC topics, either in their entirety or in chapters or cases.Exhibit: for the display itself, the Library brought 65% of the titles to the venue(temporary loans or donations from the authors), with the Bookstore providing theremaining 35%.Summary and highlights (Friesen – UBC Authors)34. Impact Recognition of UBC creators and their works by the University and the press Visibility of library as the value-added knowledge creator (compiling the annuallist, discovering BC content) Forum for authors to meet faculty members from other disciplines (frequentfaculty feedback from the event) Library/author relationships were strengthened and good will fostered Library received many donations of works from these authors, some fabulous,unique, rare, contributing depth of content in many different disciplines The President, Board of Governors, requested copies of the booklist to use in theirdiscussions with governments and the Senate Library Committee recommendedrepeating the event (source: 1991 post-event assessment)5. PartnersCo-sponsors: UBC President's Office, UBC LibraryPartners: Ceremonies Office, UBC Bookstore, UBC Press, Association of ProfessorsEmeriti (Alumni Association), UBC Reports6. Committee members (over the years)Sponsors: President David Strangway, President Martha Piper, University Librarian RuthPatrick, University Librarian Catherine QuinlanCeremonies: Eilis Courtney, Nancy Hermiston, Liz King, Basil WaughLibrary: Anita Bidinosti, Jeremy Buhler, Yvonne Chan, Margaret Friesen, KimberleyHintz, Paul Lesack, Tina Louie, Merry Meredith, Jill Pittendrigh, Timothy Shew, PaulineWillemsUBC Bookstore: Debbie Harvie, Clare Kenny, Michael Roth, Greg WillettUBC Press: Kerry Kilmartin, Peter Milroy, Jean Wilson7. Reception inviteesUBC authors and their guests, selected University and community VIP's, Board ofGovernors, Senate Library Committee, President's Advisory Committee on the UniversityLibrary (PACUL), representative library branch heads, selected student representatives,BC Bookworld.8. Highlights and special eventsa. The UBC Authors Reception and Exhibit, 1991-2006 1992 included the UBC Library Display in celebration of the Year of the ThreeMillionth Book. Fifteen titles were displayed, including books, journals, a datafile,video, Canadian government publication, computer diskette, map, music scoreand CD, manuscript. 1994 Innovation Showcase, Canadian Library Association, June 14-18,Vancouver, 1994 (a selection of works by UBC authors curated by PaulineWillems) 2000 A definition of "electronic book" was developed for the purpose ofestablishing eligibility for this eventSummary and highlights (Friesen – UBC Authors)4 2003: Year of the University Press (6 UBC authors were published by UBC Pressin this year) 2005: included UBC Okanagan authors for the first timeb. BC in Print Exhibits2002 UBC Books of 2002. 27 books.Case 1: A Salute to UBC Press: Award WinnersCase 2: A Salute to UBC Press and the UBC Authors of 2002Case 3: The Power of the WordCase 4: Close to HomeCase 5: Green SpacesCase 6: Then & Now2003 UBC Books of 2003 and a Salute to UBC Press, March 2004The Year of the University Press, designated by the Association of ResearchLibraries and the Association of American University PressesCase 1: Ways of knowingCase 2: In word and songCase 3: Looking back, looking forwardCase 4: A Salute to UBC Press and the UBC authorsCase 5: A Salute to UBC Press: Award Winners and Shortlisted Awards for 20032004 UBC Books of 2004, March 2005The 40th year of the Creative Writing Program at UBCCase 1: Theatre, Film and Creative Writing: Creative Writing ProgramCase 2: Theatre, Film and Creative Writing: Theatre ProgramCase 3: British Columbia: Close to HomeCase 4: British Columbia: Close to HomeCase 5: UBC Press publishes UBC AuthorsCase 6: UBC Press Award Winners2005 BC in Print: Selections from the UBC Books of 200543 titles in the virtual display:http://www.library.ca/authorsweek/2005/BCinPrint.html29 titles in the Koerner Library displayCase 1: Green SpacesCase 2: Then and NowCase 3: The Power of the WordCase 4: Close to HomeCase 5: UBC Press publishes UBC authorsCase 6: UBC Press award winnersc. Other special events Friday Noon Hour @ Main Library: a Salute to the UBC Authors,Composers, and Performers of 2001, 2002Summary and highlights (Friesen – UBC Authors)5 Ways of Seeing: the UBC Filmmakers Showcase - Recent Productions.Presented by Raymond Hall, Prof. Emeritus, Theatre, Film & Creating Writing,The UBC Library and The Media Group, March 14, 2002 UBC Authors from A-Z, featuring two University Killam Professors, William H.New and Peter Hochachka William H. New "Walking with a Bicycle: the Encyclopedia of Literature inCanada Project, March 10, 20033. Four Virtual Exhibits (created by Paul Lesack)2002: UBC Authors & Their Works 2002: A Celebration of CreativeAchievements/The Arts/The Humanities/The Sciences/The Social Sciences andfeaturing The Encylopedia of Literature in Canada by William H. Newhttp://www.library.ubc.ca/authorsweek/2002/2003: UBC Authors of 2003: 148 authors, 167 new works --- Year of the UniversityPresshttp://www.library.ubc.ca/authorsweek/2003/2004: Local Authors, Global Issues: UBC Authors, 2004http://www.library.ubc.ca/authorsweek/20042005: Pacific Perspectives: UBC Authors & their Works, 2005http://www.library.ubc.ca/authorsweek/9. Facts and FiguresReceptionDateNumber ofauthorsNumberof worksReceptionattendeesBC in Printnumbers ofauthors1991 150? 1601992 1201993 1101994 1151995 128 1531996 108 114 1301997 123 1201998 109 100 1411999 133 135 962000 135 135 1652001 150 138 1272002 161 1352003 143 167 272004 148 167 322005 165 182 312006 158 166 108 43Summary and highlights (Friesen – UBC Authors)610. CommunicationsUBC Reports, including several years where the entire list of authors was published.March 5, 1992 (photo only)April 22, 1993 (photo only)March 9, 1995 (author list and profiles)March 21, 1996 (author list only)March 6, 1997 (feature)March 18, 1999 (feature)March 9, 2000 (feature)March 22, 2001 (feature)March 2, 2006 (article)The Vancouver SunMarch 23, 200111. Venues: Receptions/Exhibits1991 (March 18): Graduate Student Centre Ballroom1992 (October 15): Cecil Green Park1993 (April 7): Graduate Student Centre Ballroom1994 (March 16): Cecil Green Park1995 (March 16): Cecil Green Park1996 (March 21): Cecil Green Park1997 (March 11): Cecil Green Park1998 (March 24): Cecil Green Park1999 (March 23): Library Square (Vancouver Public Library)2000 (March 21): Sty-Wet-Tan Great Hall, First Nations House of Learning2001 (March 22): Sty-Wet-Tan Great Hall, First Nations House of Learning2002 (March 12): Robson Square2003 (March 12): Sty-Wet-Tan Great Hall, First Nations House of Learning2004 (March 17): Sty-Wet-Tan Great Hall, First Nations House of Learning2005 (March 15): Life Sciences Centre, West Atrium2006 (March 30): Life Sciences Centre, East AtriumAppendices:Some highlights (from the Booklist introductions)Files: Folders 1-21Summary and files prepared by:Margaret Friesen and Bailey DiersFeb. 2010
UBC Community, Partners, and Alumni Publications
UBC Authors and Their Works Program, 1991-2006 Diers, Bailey; Friesen, Margaret 2010-02-28
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Location: The Heritage Foundation's Lehrman Auditorium
Most Americans would be surprised to learn that one of the most
troublesome issues for South Korean citizens with the United States
is not the Free Trade Agreement, growing tensions over the
alliance, or even North Korea's nuclear program, but the fact that
South Korea is not included in the U.S. Visa Waiver Program (VWP).
The VWP allows nationals from member countries to enter the United
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Including South Korea
in the U.S. Visa Waiver Program
With a Little Help from
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Road Maps for Visa
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A Trump Administration will bring major leadership changes at the two federal antitrust agencies, the Department of Justice Antitrust Division and the Federal Trade Commission. — Read more
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