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United States Hegemony and the Foundations of International Law
Edited by Michael Byers Georg Nolte
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United States Hegemony and the Foundations of International Law by Michael Byers
Book DescriptionSuccessive hegemonic powers have shaped the foundations of international law. This book examines whether the predominance of the United States is leading to foundational change in the international legal system. A range of leading scholars in international law and international relations consider six foundational areas that could be undergoing change, including international community, sovereign equality, the law governing the use of force, and compliance. The authors demonstrate that the effects of US predominance on the foundations of international law are real, but also intensely complex. This complexity is due, in part, to a multitude of actors exercising influential roles. And it is also due to the continued vitality and remaining functionality of the international legal system itself. This system limits the influence of individual states, while stretching and bending in response to the changing geopolitics of our time.
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Book DetailsISBN: 9780521050869
(228mm x 152mm x 31mm)
Pages: 552
Imprint: Cambridge University Press
Publisher: Cambridge University Press
Publish Date: 21-Jan-2008
Country of Publication: United Kingdom
Other Editions...
Books By Author Michael Byers
International Law and the Arctic, Paperback (July 2014)
Sets out the international law relevant to the Arctic, from indigenous peoples to environmental protection to oil and gas exploration.
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Did you know Dav Pilkey created his Captain Underpants character while sitting in his elementary schools hallway? Discover how an aspiring young writer went on to become a bestselling children's author.
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Did you know Barbara Park wanted to be a teacher instead of a writer when she was growing up? Discover how a late blooming writer used her talent for humor to become a bestselling children's author.
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Did you know Jeff Kinney posted sections of Diary of a Wimpy Kid on a website long before it became a book? Discover how an aspiring cartoonist went on to become a bestselling children's author.
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Author Biography - Michael Byers
Michael Byers is Associate Professor of Law at Duke University. Georg Nolte is Professor of Law at the University of Gottingen.
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In the area of telerobotics, where remote systems are to be controlled, it is helpful to plan subsequent operations based on as much relevant data as possible. The simulation of the remote system, executed in parallel, can provide additional information, otherwise diicult or impossible to be retrieved from sensor feedback. In this paper the integrated… (More)
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"Matthias Fountain" Matthias Fountain Tip by mvtouring
Matthias Fountain, Budapest: 12 reviews and 28 photos
From where we entered the castle grounds, one of the first things we saw was the beautiful Matthias Fountain. This artwork of Alajos Strobl was made during the period between 1898 and 1904. Fountain depicts a legend in which a young girl called Szep Ilonka ? Beautiful Ilonka fell in love with King Matthias when he was out hunting, unaware that he was the king. Matthias Fountain is one of the best known tourist spots of Budapest.
Address: District I
Directions: On the top of Castle Hill (Varhegy). Funicular from Clark Adam ter (Buda bridgehead of the Chain Bridge), bus #16 from Deak F. ter, bus VAR from Moszkva ter. No cars allowed.
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Guys guys....
Andy is heaps hotter than Hamish and just as funny. Plus have you not seen Hamish's son? He is just the cutest baby (not including mine or any of yours of course), and his wife is really funny too.
Guys guys....
Andy is heaps hotter than Hamish and just as funny. Plus have you not seen Hamish's son? He is just the cutest baby (not including mine or any of yours of course), and his wife is really funny too.
TheGooch (11-03-2015)
It's ok. I can share :-)
*sigh* Once again, BH proving YOU ARE MY PEOPLE!
I have spent many, many minutes *coughhourscough* figuring out who is better in the sack out of Hamish and Andy. It's so Andy. Plus he is hotter. Yes, Hamish is funnier but Andy is still pretty damn funny.
Andy wins. And as a bonus, you still get the funny when Hamish comes around for a BBQ
amyd (11-03-2015),harvs (11-03-2015),Little Miss Sunshine (12-03-2015),TheGooch (11-03-2015)
If only Hamish could read this and complete his ultimate wingman goals.
amyd (11-03-2015),CakeyMumma (11-03-2015),harvs (11-03-2015),HearMeRoar (11-03-2015),Little Miss Sunshine (12-03-2015),Mod-Nomsie (11-03-2015)
Still getting over a cold & im barely coughing until i eat m&m's, then i have a 5 minute coughing fit. Obviously someone is trying to tell me something......but m&m's are so yummy .......
I have two prickles stuck in my big toe and they are driving me bonkers, will have to try and pry them out tomorrow.
Last edited by honey gold; 12-03-2015 at 10:52.
So, you want us to do both kid's sports (on at the same time, in different place) on our weekend (ok fine, there's two of us), AND on your weekend you want us to take DSS to his, while you take DSS?
And you want us to take DSS to training every Wed, and DSD every Fri??
No. We get that it is difficult but we warned you this would happen if you kept enrolling them in things without telling us. It sucks that we have to split up on OUR weekend, we're not doing it on your time too. Especially as you refuse to give us more access (training is at 6pm, so we offered to take kids home with us and drop back following day...nope have to drop them to hers).
Forget it. We will do DSD's training on our weekend, and both sports on our weekend. That's it.
(Of course this means DSS will lose out because "he's younger so it's not as important"...).
Last edited by DT75; 12-03-2015 at 11:55.
that sounds so complicated?? DT75. is there any sort of limit you can place on the amount of running around?? i understand that sport is important and good for the children, but surely it has to be able to be worked without major inconvience to you and your family time. hugs, marie.
She neither listens, nor cares.
[DSD's teacher recently expressed concern about her being exhausted in class, and her (already bad) work dropping. She (teacher) said she feels DSD is doing too many activities, and that she needs to drop at least half of them. Mother went nuts. Them complained to us about the teacher "overstepping", until we agreed, and now we are the worst people on earth.]
Unfortunately, when we say 'no' it is because we genuinely can't do it. So she just doesn't take them, or only takes DSD (clear favourite), and b*tches at us everytime.
ETA: she also never checks the activities out fully, so they clash really badly on occasion, and she expects us to just drop everything and help out. It's not possible sometimes. She complains that she needs help because her work needs to get done, but refuses to acknowledge that so does ours.
Last edited by DT75; 12-03-2015 at 14:42.
that is really crazy. so sorry you have to deal with this. what if one car breaks down? or one of you is unwell? must be so hard to deal with crazy people. hugs, marie.
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November 19, 2012
FEDERAL HOUSING FINANCE AGENCY, ETC., PLAINTIFF,v.MORGAN STANLEY, ET AL.,DEFENDANTS.
This is one of sixteen actions currently before this Court in which the Federal Housing Finance Agency ("FHFA" or "the Agency"), as conservator for Fannie Mae and Freddie Mac (together, the "Government Sponsored Enterprises" or "GSEs"), alleges misconduct on the part of the nation's largest financial institutions in connection with the offer and sale of certain mortgage-backed securities purchased by the GSEs in the period between 2005 and 2007.*fn1 As amended, the complaints in each of the FHFA actions assert that the Offering Documents used to market and sell Residential Mortgage-Backed Securities ("RMBS") to the GSEs during the relevant period contained material misstatements or omissions with respect to the owner-occupancy status, loan-to-value ("LTV") ratio, and underwriting standards that characterized the underlying mortgages. On the basis of these allegations, the complaints assert claims under Sections 11, 12(a)(2), and 15 of the Securities Act of 1933, 15 U.S.C. §§ 77k, l(a)(2), o; the Virginia Securities Act, VA Code Ann. § 13.1-522(A)(ii), (C); and the District of Columbia Securities Act, D.C. Code § 31-5606.05(a)(1)(B), (c). In six of the cases, including this one, the Agency has also asserted common law claims of fraud and aiding and abetting fraud against certain entity defendants (the "Fraud Claim Cases"). As pleaded, these fraud claims attach to each of the three categories of misstatements upon which the plaintiff's securities law claims are based.*fn2
The Court has already issued several Opinions addressing motions to dismiss in other cases brought by the FHFA.*fn3
Familiarity with those Opinions is assumed; all capitalized terms have the meanings previously assigned to them.
Following this Court's decision of the motion to dismiss in FHFA v. UBS, discovery began in all of the coordinated cases. Briefing of defendants' motions to dismiss in the remaining fifteen cases has occurred in two phases, with the motions in this case and the other Fraud Claim Cases becoming fully submitted on October 11, 2012. The motions in the remaining nine cases were fully submitted November 9, 2012. Depositions are to begin in all cases in January 2013, and all fact and expert discovery in this matter, 11 Civ. 6739 (DLC), must be concluded by December 6, 2013. Trial in this matter is scheduled to begin in January 2015 as part of the fourth tranche of trials in these coordinated actions.
This case concerns RMBS Certificates allegedly purchased by the GSEs between September 2005 and October 2007. Each of the GSE Certificates pertains to one of 33 securitizations offered for sale pursuant to one of seven shelf-registration statements. The lead defendant is Morgan Stanley. Various corporate affiliates of Morgan Stanley and associated individuals are also defendants. Morgan Stanley affiliates served as lead underwriter for 30 of the 33 securitizations at issue, as sponsor for 23 of them, and as depositor for 30. Each individual defendant signed one or more of the Offering Documents. For certain of the securitizations, the plaintiff also asserts securities law claims against RBS Securities Inc. ("RBS") and Credit Suisse Securities (USA) LLC ("Credit Suisse"). These banks acted as underwriters for certain of the securitizations but are not otherwise affiliated with Morgan Stanley. The plaintiff's fraud claims are asserted only against the Morgan Stanley entity defendants.
Three motions to dismiss have been filed in this case: one on behalf of all of the Morgan Stanley defendants and affiliated individuals, one on behalf of Credit Suisse, and one on behalf of RBS. The motions press a number of arguments that are also pressed by other defendants in these coordinated actions, some of which have been addressed by this Court's previous Opinions. The Court hereby adopts by reference the reasoning and, to the extent they are relevant here, the rulings of those prior Opinions.*fn4 All capitalized terms have the meanings previously assigned to them.
I. Adequacy of Fraud Allegations
As in other cases filed by this plaintiff, defendants'
motion to dismiss devotes particular attention to the adequacy of the FHFA's allegations in support of its fraud claims. To be sure, each of these coordinated actions must be considered on its own bottom. The roles of these defendants in the RMBS securitization process and their familiarity with it differ from those of defendants in other cases in material respects. The plaintiff's allegations in support of its fraud claims differ accordingly. Nonetheless, an independent review of the plaintiff's allegations in this case compels an outcome similar to those this Court has reached in previous Opinions in this litigation.
As in Chase, the facts alleged in the Amended Complaint are sufficient to plead fraud with respect to the Offering Materials' representations regarding mortgage-underwriting standards. In addition to the arguments considered and rejected in Chase, defendants argue that the plaintiff's scienter allegations are not credible because Morgan Stanley retained an interest in the securitizations that it sold to the GSEs and therefore had no motive to permit the securitization of deficient loans. The plaintiff counters that Morgan Stanley's filings indicate it intended to re-securitize these residual interests and "unload [them] onto other unsuspecting parties."
Whatever the merit of these arguments, they turn on factual disputes that are inappropriate for resolution through a motion to dismiss.
With respect to the scienter component of FHFA's fraud claims based on LTV and owner-occupancy information, however, the Amended Complaint relies almost entirely on the disparity between the statistics reported by the defendants and the results of the Agency's own analysis. As explained in previous Opinions, without additional support, this disparity is insufficient to allege fraudulent intent with the specificity required by Rules 8(a) and 9(b), Fed. R. Civ. P. Merrill, 2012 WL 5451188, at *2. Accordingly, the defendants' motion to dismiss is granted with respect to the plaintiff's fraud claims based on LTV and owner-occupancy reporting.
The defendants also raise several arguments that were not fully addressed by this Court's prior Opinions. These arguments will be addressed in turn.
II. LTV Falsity for Purchase-Money Mortgages Defendants argue that the plaintiff's LTV-related allegations with regard to three of the securitizations at issue in this case are inadequate to allege falsity. As explained in UBS I,
For any given mortgage, the LTV ratio is determined by computing the balance of the loan as a percentage of the value of the property that secures it, often determined on the basis of an appraisal. LTV ratio is a measure of credit risk. The higher the ratio, the less equity the homeowner has in the property, and the more likely she is to default. . . . Just as LTV ratio is a measure of the riskiness of an individual home loan, so too is it an indicator of the investment-worthiness of a security backed by the income from many such loans. Each Prospectus Supplement that defendants signed in connection with these offerings included statistics regarding the distribution of LTV ratios across the underlying loan pool. 858 F. Supp. 2d at 324.
FHFA alleges that these group-level LTV data were false, in part because the value of the underlying properties were systematically overstated. To support this allegation, the plaintiff relied on an automated valuation model to estimate the property value at the time of origination for each loan sampled. Extrapolating from these estimates, the plaintiff alleges in the Amended Complaint that for each securitization at issue here, the Prospectus Supplement significantly understated the percentage of loans with an LTV ratio in excess of 80%.
Defendants object to the plaintiff's use of this method to allege falsity with respect to three securitizations backed only by purchase-money mortgages. The Offering Documents for these securitizations explained in substance that, in calculating an individual loan's LTV ratio, the denominator would be "the lesser of the selling price of the Mortgaged Property and its appraised value determined in an appraisal obtained by the originator at origination of such Mortgage Loan." Defendants assume that selling price was always used, apparently because a buyer would find it difficult to finance the purchase a home for more than its appraisal value. From this they conclude that the Agency's automated appraisal data does not bear on the falsity of LTV statistics for purchase-money mortgages.
The plaintiff has plausibly asserted the falsity of the representations regarding LTV ratio, even in these three securitizations. The defendants' argument addresses the merits of the claim and is better suited to trial.
III. Underwriter Liability under Federal and D.C. Law
Finally, RBS argues that under the "statutory seller" standard that applies under federal and District of Columbia law, the allegations in the Amended Complaint are insufficient to state a claim with respect to the Certificates that RBS did not sell. FHFA asserts claims against RBS pursuant to Section 12(a)(2) and its D.C. Blue Sky equivalent in connection with the GSEs' purchase of four Certificates.*fn5 Only one of these Certificates was purchased directly from RBS; the others were purchased from Credit Suisse.
Under Section 12(a)(2) of the Securities Act, persons who are not in privity with the plaintiff may be liable if they "successfully solicit[ed] the purchase, motivated at least in part by a desire to serve [their] own financial interests or those of the securities owner." Pinter v. Dahl, 486 U.S. 622, 647 (1988). FHFA alleges that RBS and the other underwriter defendants "actively participated in the solicitation of Fannie Mae and Freddie Mac's purchase of the Certificates, and did so in order to benefit themselves." As alleged, "[s]uch solicitation included assisting in preparing the Registration Statements, filing the Registration Statements, and/or assisting in marketing and selling the Certificates."
But the fact that a defendant assisted in preparing and filing a registration statement is not alone sufficient to impose solicitation liability under Section 12(a)(2). See Capri v. Murphy, 856 F.2d 473, 478-79 (2d Cir. 1988) ("While there is no doubt that [defendant] played a major role in setting up the [deal], that is not sufficient to cast [it] as a seller. Instead, plaintiffs must show that [defendant] actually solicited their investment . . . ."). And although this Court has held that allegations that a defendant engaged in marketing efforts, such as participation in "road show" meetings, are sufficient to give a defendant fair notice of the basis for the plaintiff's claim that the defendant solicited the plaintiff's purchase, In re WorldCom, Inc. Secs. Litig., 294 F. Supp. 2d 392, 423 (S.D.N.Y. 2003), the plaintiff defines solicitation so broadly here that it may include nothing more than assisting the issuer in the preparation of the Registration Statements.
The plaintiff's opposition brief suggests that RBS's status as a co-lead underwriter for the Credit Suisse-sold Certificates should be enough to plead actual solicitation. But, in contradistinction to Section 11, liability under Section 12 turns not on a defendant's position within the constellation of offering participants but rather on her precise conduct with regard to the particular offering.
Section 11(a) explicitly enumerates the various categories of persons involved in the registration process who are subject to suit under that section, including many who are participants in the activities leading up to the sale. There are no similar provisions in § 12, and therefore we may conclude that Congress did not intend such persons to be defendants in § 12 actions.
Pinter, 486 U.S. at 650 n.26.
Moreover, although the SEC has recently promulgated a rule construing the role of an issuer to be inherently one of solicitation for the purposes of Section 12, see SEC Rule 159A, 17 C.F.R. 230.159A, the Commission has made no similar pronouncement with respect to lead or co-lead underwriters. Indeed, the Rule specifically provides that its terms "shall not affect in any respect the determination of whether any person other than an issuer is a 'seller'" Id. Given the failure of the Amended Complaint to allege that RBS "actually solicited [the GSEs'] investment" with regard to the Certificates they purchased from Credit Suisse, the plaintiff's Section 12(a) (2) and D.C. Blue Sky claims against RBS in connection with the SAST 2006-1 and SAST 2006-2 Securitizations are dismissed.
The defendants' July 13 motions to dismiss are granted with respect to:
* Plaintiff's claims of owner-occupancy and LTV-ratio fraud;
* Plaintiff's Virginia Securities Act claims for Certificates purchased before September 6, 2006;
* Plaintiff's Section 12(a) (2) and D.C. Blue Sky claims against RBS in connection with Certificates purchased from other parties.
The motions to dismiss are denied in all other respects.
United Judge
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04-29-2010 05:54 AM - edited 04-29-2010 06:01 AM
jack (or really, O6, but thank you jack for reiterating it) has the best advice.
What I have been told is that yes it's in the law but that it is very very rarely if ever prosecuted and that there are millions of people doing this on any given day..
Tasksgirl wrote:
What I have been told is that yes it's in the law but that it is very very rarely if ever prosecuted and that there are millions of people doing this on any given day..
You've been misinformed.
The Justice Department does prosecute. I have seen it. The US Secret Service has a special operations section to deal with all types of credit card and bank fraud -- which obtaining credit using a ficticious SSN is. I guess the Secret Service has this section just for laughs. While the federal government's threshold for prosecution (i.e. dollar amount involved) is relatively high, states often go after the "low-rollers."
ICE deports people all the time and there are several substantive cases of people being removed for convictions related to thefts and fraud. It even happens to non-citizen US military personnel and I have seen it a lot.
People drive without insurance all the time and never get caught. When they do it isn't often read about in the paper. But only someone with an overly vivid sense of entitlement or imagination would think it is risk-free. The only question a felon needs to answer is just how lucky they are.
OP, I'm thinking that the best thing your DH can do is start all over again. Let the accounts go that are under the false SSN, and just start from scratch like all immigrants do.
FWIW, most forums members here who are new to the US have found that after 6 months, their scores are in the 680 - 720 range, and after a year, they're solidly in the low to mid-700's. The advantage of being new to credit is that there are no baddies to overcome. Two cards under the correct SSN, perhaps one from BofA or CapOne and one from a local credit union, are all it takes. He could also maybe go AU on one of your cards, unless the false SSN screws that up.
It sounds like he needs to get away from that false SSN as quickly as possible, and hope to heaven that it doesn't come back to bite him one day.
Okay, I think it's time to put this thread to rest. A post was removed because it wasn't particularly helpful and probably would have set off an unfortunate and increasingly contentious exchange.
The OP has received advice to deal with a legally complex situation. There are unfortunately no great options to pursue. There is a difference in opinion about the potential risk to the individual in question, and further discussion is highly unlikely to change anyone's opinion.
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Watch Birds of Prey (2014) Free Online
Birds of Prey
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Rating: 8.4/10 (2085 votes)
Director: John Behring
Writer: Greg Berlanti (developed by), Marc Guggenheim (developed by), Andrew Kreisberg (developed by), Mark Bemesderfer, A.C. Bradley
Stars: David Ramsey, Katie Cassidy, Stephen Amell, Willa Holland
Runtime: 45 min
Rated: TV-14
Genre: TV Shows Episodes
Language: English, Arabic
Released: 26 Mar 2014
|Plot: When Frank Bertinelli is arrested, Oliver knows it's only a matter of time before his daughter, Helena, AKA The Huntress, returns to town. To make matters worse, Laurel is picked to try Frank's case, putting her right in the path of Helena. Oliver tells Sara he will handle his ex-girlfriend, but when Helena takes hostages at the courthouse, including Laurel, the Canary will stop at nothing to save her sister. When The Huntress and Canary meet, an epic battle begins. Meanwhile, Roy realizes he needs to keep Thea safe, but doesn't like the way he is forced to go about it.
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Description from the manager
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Creative Director: Ton van Jole
Art Director: Ton van Jole
Copywriter: Mattijs Winter
Photographer: Martin Dijkstra
Highest Rated
Who said Beauty = Nudity, anyway Sex don't sell..
Solid concept that works. Gets the message across. It's nudity yes but not in a sexistic way.
Do you ever read what you write? Please, do tell me how a naked woman, whose sole purpose is to emphasize "curves" is anything but porn for nerds? If the ad was made with any self-confidence, they would've displayed the curves of the notebook – not the woman's.
Agree with whatthefudge. Suspect that this is gratuitous nudity for nerds, not "beautiful" nudity "in service to the story". And mdb1974 is right. Even if this is beautiful and in service to the story, the layout is template work straight out of a Robin Williams workbook.
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It works, atleast for me :) I loved the way they justified the design of the laptop. And truely no man can say the girl is not beautiful and no one can say it is not because of curves of the lady:)
I'm excited to know my mistakes!
Poor Concept ..... Who still think that a beautiful and naked girl can make you want to buy everything ?
I agree with "New Nice and Fun".
This is so poor.
//usevertising v.s badvertising//
C'est une question de vie ou de mort.
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MLB Picks
St. Louis Cardinals
Atlanta Braves
Starting Pitchers: Starting Pitchers: St. Louis (Lance Lynn) vs. Atlanta (Tommy Hanson)
Date/Time: May 28, 1:10 PM EST
Television: MLB Network
MLB Odds from BookMaker
Moneyline: Moneyline: Atlanta (-120), St. Louis (+100)
Total: 7.5
MLB Betting Game Trends
St. Louis Cardinals
- The total has gone OVER in 4 of St. Louis's last 5 games
- St. Louis is 1-4 SU in its last 5 games on the road
- The total has gone OVER in 4 of St. Louis's last 5 games when playing Atlanta
- St. Louis is 10-5 SU in its last 15 games when playing on the road against Atlanta
- The total has gone OVER in 6 of St. Louis's last 7 games when playing on the road against Atlanta
Atlanta Braves
- Atlanta is 0-5 SU in its last 5 games
- The total has gone OVER in 5 of Atlanta's last 6 games at home
- Atlanta is 1-4 SU in its last 5 games at home
- The total has gone OVER in 4 of Atlanta's last 5 games when playing St. Louis
- The total has gone OVER in 6 of Atlanta's last 7 games when playing at home against St. Louis
The St. Louis Cardinals just ended a three-game skid and will try to take advantage of a tired and skidding Atlanta Braves team when they visit them in the series opener of a three-game set on Monday. The defending World Series champion Cardinals (26-22) avoided being swept by the Philadelphia Phillies by winning the fourth consecutive game between the teams 8-3 on Sunday Meanwhile, the Braves (26-23) will be playing for the 18th straight day and have gone 7-10 in their last 17, including seven straight losses.
St. Louis will send second-year pitcher Lance Lynn (7-1, 2.54 ERA) to the mound for the 10th time in his first full year as a starter. Lynn's previous nine outings have gone very well, as the Cards are 7-2 with him on the mound. However, they have lost in two of his past three trips to the mound in which his ERA has risen from 1.40 to 2.54.
One of those losses came against the Braves, who scored three runs off him in six innings of a 7-4 victory back on May 13. Lynn got the decision in that one, which remains his lone setback of the season. He has pitched exceptional on the road so far this year though, going 4-0 in five starts with a sparkling 1.93 ERA.
Atlanta will counter with Tommy Hanson (5-3, 3.12), who will be making his first start at home since May 2 against the Phillies when he gave up four runs and eight hits in 3.2 innings of an eventual 15-13 win. He has made only three starts at home overall this season, going 1-1 with a 4.86 ERA.
In his last four starts since that last home appearance, Hanson has gone 2-1 in four outings and allowed two runs or less each time. One of the two wins came at St. Louis on May 13 when he surrendered just one run and five hits in five innings of a 7-4 victory, walking three and striking out a season-high nine batters.
The Braves have struggled to score runs lately, totaling four or less in their last eight games. However, they had no such problem when they swept the Cardinals in three games on the road earlier this month, averaging nearly eight runs. Atlanta is long overdue to snap its season-high skid, and St. Louis is just the opponent to bust the slump, especially in this particular situation.
Free Baseball Pick: Atlanta Braves -120


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August 25, 2010
JAIME VIESER, PLAINTIFF-RESPONDENT,v.ALAN LEVENTHAL AND DENISE LEVENTHAL, DEFENDANTS-APPELLANTS.
On appeal from Superior Court of New Jersey, Law Division, Morris County, Docket No. L-2565-06.
Argued March 9, 2010
Dismissed June 9, 2010
Reinstated July 28, 2010
Before Judges Carchman and Ashrafi.
By opinion dated June 9, 2010, we dismissed the appeal in this matter without prejudice because it was not from a final judgment disposing of all claims against all parties. Vieser v. Leventhal, Docket No. A-4526-08T2 (App. Div. June 9, 2010). See R. 2:2-3(a); Vitanza v. James, 397 N.J. Super. 516, 518 (App. Div. 2008); Janicky v. Point Bay Fuel, Inc., 396 N.J. Super. 545, 550 (App. Div. 2007). We incorporate the procedural history stated in our June 9, 2010 opinion for purposes of this decision.
By order dated July 28, 2010, we granted the motion of defendants Alan and Denise Leventhal, consented to by plaintiff Jaime Vieser, to reinstate the appeal because the parties have corrected the jurisdictional defect in accordance with direction we provided in our prior opinion. Plaintiff and defendants have now stipulated to dismissal of all remaining claims between themselves with prejudice, adding a proviso that plaintiff shall be permitted to reinstate all his claims for compensatory damages if we reverse the granting of partial summary judgment in his favor.
The dispute is about return of deposit money on a contract to sell a home. The Leventhals, as the sellers, appeal from partial summary judgment declaring that Vieser, who was the buyer, had a right to cancel their contract for the sale of the Leventhals' home because of radon testing results and that Vieser was entitled to refund of his deposit money. We now affirm that judgment.
The summary judgment record reveals the following relevant facts.
In March 2005, Vieser signed an offer to purchase from the Leventhals a house in Mendham, New Jersey, for $4,475,000.*fn1
Vieser paid a deposit of $10,000 with his offer of purchase. After informal negotiations, the Leventhals signed a revised offer on May 6, 2005, subject to attorney review. In accordance with the agreement, Vieser deposited another $394,000 with his own attorney to be held in escrow pending closing on the sale.
On May 6, 2005, Vieser's attorney, Laura S. Munzer, wrote to the Leventhals' attorney, Andrew Mainardi, Jr., disapproving the contract and proposing modifications. Paragraphs three, four, and five of Munzer's modifications gave the buyer a right to cancel the contract based respectively on home, termite, and radon inspections. Paragraph five stated in relevant part:
5) . . . Radon Inspection: The Buyers shall have the right to inspect the premises within twenty (20) days of the Contract date for RADON GAS. . . . If such inspection reveals the presence of RADON GAS in excess of 4.0 pCi/L then the Buyers . . . shall notify the Seller of such, in writing, immediately upon receipt of the RADON GAS report, or within ten days following the conclusion of the test, whichever is shorter. The Seller will, at that time, notify the Buyers in writing whether the Seller will remediate such RADON GAS presence prior to closing and at the Seller's expense. If either the Seller determines not to make the specified remediation, or the Buyers do not agree to accept the corrections, prior to the making of any corrections, all deposit moneys paid, together with interest, if applicable, shall be returned to the Buyers and this Contract shall become null and void. [(Emphasis added).]
Mainardi replied to Munzer's proposal by letter dated May 9, 2005. Using the same paragraph designations, he proposed changes to Munzer's proposals for the home and termite inspections designated by paragraphs three and four, eliminating the buyer's right to cancel the contract if the sellers agreed to repair any problem revealed by those inspections. Next to the numeral five, however, designating the radon inspection proposal quoted above, Mainardi wrote "agreed."
In opposition to the later summary judgment motion, Mainardi's certification stated:
On May 9, I had a conversation with Ms. Munzer relating to the contents of her letter. I reviewed her letter with her and told her that my client was interested in purchasing another home and to do so, needed to know that this contract was going to proceed. For that reason, it was the sellers' position that there be no right to cancel based upon the results of home inspection report, termite provision, or radon so long as the sellers were prepared to remediate the conditions.
Mainardi asserted that the word "agreed" next to paragraph five in his May 9 letter was a "typographical error."
At the time of the transactions, however, Mainardi also wrote the following to Munzer on May 12, 2005:
This represents the understanding we have reached during the attorney review period respecting amendment of the captioned contract. In essence, we agree to the terms of your letter of May 6, 2005 except Paragraphs 3, 4 and 7 as set forth in my letter of May 9th and Addendum.
Notably missing is any exception to paragraph five.
A few days after Mainardi's May 12 letter, the sellers orally advised the buyer of the presence of radon gas in four areas of the house. On May 17, Munzer notified Mainardi that her client had decided not to proceed with the transaction and requested return of the deposit money. According to Alan Leventhal, Vieser told him that the reason he cancelled the contract was that his wife wanted to move to Texas.
On May 18, sellers sent a letter and inspection report to the buyer confirming radon levels between 8.4 and 10.0 pCi/L. The letter also said that a new remediation system had been installed that day and predicted it would reduce levels to 4.0 pCi/L or less.
From May 18 to 23, the parties discussed reinstating the contract. On May 23, Munzer wrote to Mainardi that the parties had reached a new agreement with a reduced purchase price of $4.3 million. Mainardi stated in later correspondence that the reduction in price reflected $75,000 attributable to the radon readings. Munzer's May 23 letter also outlined a proposal for a separate agreement by which the sellers would have post-closing financial incentives if radon was reduced to certain levels.
On May 24, Munzer wrote to Mainardi stating that the agreement was reinstated and amended in accordance with the May 6, 9, and 12, 2005 letters between the attorneys. The May 24 letter referenced a purchase price of $4.3 million, a closing date of June 15, 2005, an agreement that the sellers could remain in occupancy until July 5, and the terms of the separate incentive agreement. Mainardi signed and returned the May 24, 2005 letter without further changes.
Thus, as the trial court found, the contract of the parties for purchase and sale of the property consisted of the initial real estate form contract signed by the parties in March and May 2005 and the letters of counsel dated May 6, 9, 12, and 24, 2005. Paragraph five pertaining to cancellation for radon results remained in the contract as previously quoted.
Between May 19 and 27, the sellers tested the house for radon, showing levels below 4.0 pCi/L. Between June 3 and 6, the buyer had his own radon tests conducted, showing levels below 4.0 pCi/L, except for 7.3 in the basement. The sellers claimed that the high reading in the basement was caused by someone inadvertently turning off the radon remediation system in that area.
On June 10, 2005, Munzer wrote to Mainardi listing items from the home inspection report that were not satisfactory to her client. She cancelled the contract on his behalf based on both the 7.3 radon reading in the basement and defects noted in the home inspection report. Mainardi responded by a lengthy letter dated June 13, 2005, denying that the buyer had a right to cancel and stating that the sellers were prepared to remedy the high radon reading and the problems revealed by the home inspection.
Between June 10 and 13, the sellers tested for radon again and obtained two readings at 4.2 and 5.0 pCi/L. On June 17, 2005, Munzer wrote to Mainardi, repeating that the buyer was canceling the contract, this time specifically referencing paragraph five and radon readings obtained after June 10. On June 23, Mainardi wrote back stating that the buyer could not cancel the contract and that the response to paragraph five in his May 9 letter was a typographical error. The sellers conducted further radon testing between June 17 and 20, 2005, showing levels below 4.0 pCi/L. The buyer declined to reinstate the contract or close on the sale.
After the sellers refused to release the deposit money, the buyer filed suit in September 2006, seeking a declaratory judgment that he validly cancelled the contract and was entitled to a refund of his deposit money. The complaint also sought additional money damages and attorney's fees in separate counts alleging the sellers' breach of contract and breach of the implied covenant of good faith and fair dealing.
The sellers filed an answer and counterclaim seeking reformation of the contract, a declaratory judgment that the buyer breached the contract, and money damages and attorney's fees for that breach and the buyer's alleged breach of the implied covenant of good faith and fair dealing.
In December 2007, the buyer moved for summary judgment on his declaratory judgment count. After hearing argument, the trial court granted the motion by order and written opinion filed on March 17, 2008. The court subsequently denied the sellers' motion for reconsideration by order dated April 28, 2008. The sellers now appeal from those two orders.
The sellers argue that the buyer did not have a right to cancel the contract based on the specific terms of the radon contingency provision stated in paragraph five, that any right to cancel that paragraph five granted was untimely exercised because the sellers had already made corrections for the radon condition, that a right to cancel as the buyer asserts rendered the contract illusory, that the contract should be reformed because of the typographical error in Mainardi's May 9, 2005 letter, and that the buyer cancelled the contract in bad faith because his wife wanted to move to Texas. We reject all these arguments.
"The interpretation of a contract is ordinarily a legal question for the court and may be decided on summary judgment unless 'there is uncertainty, ambiguity or the need for parol evidence in aid of interpretation . . . .'" Celanese Ltd. v. Essex Cty. Imp. Auth., 404 N.J. Super. 514, 528 (App. Div. 2009) (quoting Great Atl. & Pac. Tea Co. v. Checchio, 335 N.J. Super. 495, 502 (App. Div. 2000)); see also Bosshard v. Hackensack Univ. Med. Ctr., 345 N.J. Super. 78, 92 (App. Div. 2001) ("The interpretation of the terms of a contract are decided by the court as a matter of law unless the meaning is both unclear and dependent on conflicting testimony.").
"In interpreting a contract, a court must try to ascertain the intention of the parties as revealed by the language used, the situation of the parties, the attendant circumstances, and the objects the parties were striving to attain." Celanese, supra, 404 N.J. Super. at 528 (citing Onderdonk v. Presbyterian Homes of N.J., 85 N.J. 171, 183-84 (1981); Atl. N. Airlines v. Schwimmer, 12 N.J. 293, 301 (1953); Driscoll Constr. Co. v. State of N.J., 371 N.J. Super. 304, 313 (App. Div. 2004)). If "the terms . . . are clear and unambiguous, there is no room for construction and the court must enforce those terms as written." Watson v. City of E. Orange, 175 N.J. 442, 447 (2003); accord Impink ex rel. Baldi v. Reynes, 396 N.J. Super. 553, 560 (App. Div. 2007). Summary judgment is generally an appropriate means of disposing of the litigation in such circumstances. See Celanese, supra, 404 N.J. Super. at 528.
The sellers argue that the buyer could not cancel the contract because they had already commenced radon remediation, and paragraph five provided that the buyer had a right to cancel only "prior to the making of any corrections." They emphasize the word "any" and interpret that word to include remediation begun on May 18, even before the contract was reinstated by the attorneys' correspondence of May 24, 2005.
We agree with the trial court's contrary interpretation of the radon contingency paragraph. Upon receipt of radon readings above 4.0 pCi/l, the buyer had the right to cancel the contract. The phrase "prior to the making of any corrections" clearly refers to the previous clause in paragraph five giving the buyer the right not to accept radon corrections proposed by the sellers. Read together, those provisions protect the sellers from paying for corrections that have been accepted only to have the buyer subsequently cancel the contract. The word "any" in that clause, however, does not allow the sellers to nullify the buyer's right to cancel by commencing remediation unilaterally and without regard to the results of subsequent radon testing. The disputed provisions of paragraph five do not mean that once the buyer accepts some corrections, he is permanently bound to the contract even if the corrections are unsuccessful in reducing radon to the threshold level.
We also disagree with the sellers' argument that the radon contingency provisions rendered the contract illusory. "An illusory promise has been defined as, a 'promise which by [its] terms make[s] performance entirely optional with the 'promisor' whatever may happen, or whatever course of conduct in other respects he may pursue[.]'" Bryant v. City of Atlantic City, 309 N.J. Super. 596, 620 (App. Div. 1998) (quoting Restatement (Second) of Contracts, § 2, comment e (1979)). "Thus, if performance of an apparent promise is entirely optional with a promisor, the promise is deemed illusory." Ibid.
The buyer was aware that radon was present on the property before he agreed to reinstate the contract on May 24, 2005, but he would not have been able to cancel if the sellers' remediation efforts prior to his June cancellations had brought the radon levels below 4.0 pCi/L. The June testing disclosed radon levels above 4.0, and the buyer did not, and was not required to, accept further remediation efforts.
We also find no merit in the sellers' argument regarding typographical error in agreeing to the terms of paragraph five. "The traditional grounds justifying reformation of an instrument are either mutual mistake or unilateral mistake by one party and fraud or unconscionable conduct by the other." St. Pius X House of Retreats v. Diocese Of Camden, 88 N.J. 571, 577 (1982). A claim for reformation must be supported by clear and convincing evidence. Id. at 580-81; Millhurst Milling & Drying Co. v. Auto. Ins. Co., 31 N.J. Super. 424, 433 (App. Div. 1954).
Despite their attorney's "typographical error" as a unilateral mistake, the sellers have not presented any evidence that the buyer ever agreed to modify his right to cancel based on radon levels exceeding 4.0 pCi/L. Furthermore, they have not presented evidence of fraud or unconscionable conduct by the buyer. There is no evidence on the summary judgment record that either Vieser or Munzer were aware of the sellers' unilateral mistake and took advantage of it, or that they otherwise engaged in fraudulent or unconscionable conduct.
Likewise, we find no merit in the sellers' argument that the buyer breached the covenant of good faith and fair dealing. That covenant "calls for parties to a contract to refrain from doing 'anything which will have the effect of destroying or injuring the right of the other party to receive' the benefits of the contract." Brunswick Hills Racquet Club, Inc. v. Route 18 Shopping Ctr. Assocs., 182 N.J. 210, 224-25 (2005) (quoting Palisades Props., Inc. v. Brunetti, 44 N.J. 117, 130 (1965)).
In their claims of breach of the implied covenant, the sellers argue that the buyer's true motive in canceling the contract was not radon but his wife's desire to move to Texas. However, "where the right to terminate a contract is absolute under the wording in an agreement, the motive of a party in terminating such an agreement is irrelevant to the question of whether the termination is effective." Karl's Sales & Serv. v. Gimbel Bros., 249 N.J. Super. 487, 495 (App. Div.), certif. denied, 127 N.J. 548 (1991). Even if the sellers could prove that the buyer had second thoughts about purchasing the house for reasons other than the radon results, the contract gave him the right to cancel because radon levels were too high.
The facts not being in dispute that radon levels were above 4.0 pCi/L during testing in June 2005, and the radon contingency provisions being clear and unambiguous that the buyer had a right to cancel the contract for that reason, the trial court correctly granted partial summary judgment on count one of the buyer's complaint declaring that he was entitled to return of the deposit money.
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FIRST BAPTIST CHURCH Hazard Kentucky
Sunday, December 11, 2016
Loving God, Loving People, Serving the World
The following books are recommended by our pastor.
Updated November 2016
The Gospel Focus of Charles Spurgeon, by Steven Lawson
This short book is a fantastic introduction to the heart of the Prince of Preachers. You have probably heard preachers quote from Spurgeon, but you may not be familiar with him yourself. Lawson's book gives you plenty of Spurgeon in his own words in a concise and organized fashion. It will help you see how he held in tension the biblical truths of God's sovereignty and man's responsibility in matters of personal salvation.
Praying the Bible, by Donald Whitney
This little book can give you a powerful new method for dramatically improving your personal prayer life. The problem is that believers often find praying boring because we end up praying the same old things the same old way. In this book you will learn an easy way to use Scripture to prompt and guide your praying, particularly by using the Psalms.
Think, Act, Be Like Jesus: Becoming a New Person in Christ, by Randy Frazee
The author emphasizes the basics of a life in Christ. He lays out ten key beliefs, ten key practices and ten key virtues that should be defining the disciple of Jesus. Genuine belief leads to real transformation in practice and who we are in Christ. This is a great book for simply laying down the basics of being a Christian and walking with Christ.
When Helping Hurts: How to Alleviate Poverty without Hurting the Poor and Yourself, by Steve Corbett & Brian Fikkert
This book redefines poverty at the result of broken relationships. Poverty, at its heart, is not about the lack of material things. From a Christian worldview, poverty is the result of our broken relationship with God and each other in our societies. This book lays a biblical foundation for helping the poor and give practical help. There are many ways that well-intending people actually make the situation of the poor worse, not better. This book helps guide us to think differently, see the pitfalls, and strategize differently to make a greater difference. However, really helping means more relational ministry, not merely giving stuff away.
Worship Matters: Leading Others to Encounter the Greatness of God, by Bob Kauflin
This book is written by a church music leader primarily to other music leaders. However, I found it extremely helpful to me as a pastor. Kauflin's work is deeply theological in its approach and biblically faithful to what worship truly is while tackling a lot of the practical issues with which leaders wrestle in regards to worship in the church.
Loving My LGBT Neighbor, by Glenn Stanton
This is the perfect book for Christians to read right now on the heels of our Supreme Court's decision to legalize same-sex marriage. It is written from a biblically faithful point of view and filled with practical help on how to lovingly and constructively engage those within the LGBT community. It's full of commitment to truth and grace while dispelling many of the fallacies we fall into during the heat of debate. This is a great resource for every Christian and the church that desires to be faithful to the teachings of Scripture on marriage, family and sexuality and wants to minister well to all people.
Pastoral Ministry: How to Shepherd Biblically, by John MacArthur and members of the Master's Seminary faculty
This is great resource for the pastor. The book is a compilation of over 20 essays on a variety of issues related to pastoral ministry. What I find most appealing is that every essay is biblically oriented on its given topic. I highly recommend it for every pastor's study.
C.S. Lewis: A Life, by Alister McGrath
A new biography of one of the most intriguing Christian figures of the 20th century by one of my favorite authors. You will learn much of Lewis' complex life, from the battlefields of WWI to his unusual love relationship with an American woman. Lewis may be best well known for his Chronicles of Narnia, but he continues to be a voice for the reasonableness of the Christian faith in a world growing ever more skeptical.
Love & Respect, by Emerson Eggerichs
This marriage enrichment book is based on the firm conviction that what the Bible teaches in Ephesians 5:22-33 is true and practical in what it both describes and prescribes for husbands and wives. This book will especially help wives understand their husbands need for respect in the same way they need love. I believe this book hits the nail squarely on the head and has the potential to help you achieve greater satisfaction in your marriage.
Dangerous Calling, by Paul David Tripp
Written for pastors and for lay-leaders who care about pastors, this book confronts the particular pitfalls that come with vocational ministry. I found it as humbling as it was helpful. Tripp speaks from experience and biblical wisdom into the uncomfortable truths that every pastor needs to confront. I highly recommend this book to fellow pastors, deacons and elders.
Strange Fire: The Danger of Offending the Holy Spirit with Counterfeit Religion by John MacArthur
MacArthur pulls no punches in arguing that the Charismatic/Pentecostal movements of the 20th century that have grown tremendously globally should be understood biblically as false religions. His argument primarily rests on a the view that the miraculous gifts testified to in the NT were given only during the time of Jesus and Apostles. He contends that modern day speaking in unknown tongues and faith healings are either faked or the product of demonic activity, not the work of the Holy Spirit. Furthermore, crediting such activity to the Holy Spirit is blasphemous. This is a very interesting read both for the history of the Charismatic movement and the thought-provoking biblical argument that challenges much of that traditions practice. You may not totally agree with MacArthur at the end, but it is worth your time and consideration.
There's Hope for Your Church: First Steps to Restoring Health and Growth, by Gary L. McIntosh
Written primarily to pastors and church lay leaders, this book offers a quick and easy read that is filled will pratical wisdom for those seeking to turn around a declining or plateaued church. I've passed this book along to each person on our current Long-Range Planning Team, but every church member could benefit from its content about what it really takes to reinvigorate a flat church and make it an exciting growing body of believers once again.
Christianity for Skeptics, by Steve Kumar & Jonathan Sarfati
Thinking people have legitimate questions about God, faith, Christianity and the Bible. Without undermining the role of faith, this book takes a logical approach to demonstrating that clear thinking can demonstrate the reasonableness of the Christian faith. It is extremely readable that can help the skeptic think more thoroughly about the claims of Christianity and help the Christian learn how to engage a skeptic constructively on his own ground. Great resource for older teens and college students.
Freedom Manifesto: Why Free Markets are Moral and Big Government Isn't, by Steve Forbes and Elizabeth Ames
The word moral in the subtitle first caught my eye. This book lays out a contrast between a vision for America that is based on more federal government in our lives or less. The authors use plenty of contemporary examples to illustrate their views and write much about what they believe most successfully drives the American economy - in the past and now. A sub-theme, however, does emerge, although not as strongly as I would like, concerning the intersection of morality and economic approaches. I highly recommend this book to you.
Was America Founded as a Christian Nation? by John Fea
The Book's title is only a tease because the author doesn't really answer the question. However, Fea does a masterful job at addressing the major issues as a historian should - with objectivity and clarity. This is an excellent introduction to the topic and written for a more popular audience and not merely for fellow historians. I found myself nodding in agreement as I turned the pages, thinking this is the book I would want others to read.
Bonhoeffer: Pastor, Martyr, Prophet, Spy by Eric Metaxas
A hefty read (500+ pages), but worth every minute spent in it. The author makes the world of pastor Dietrich Bonhoeffer come alive. You are drawn into his tumultuous world of 1930-40s Germany and the critical moral questions pressed upon Christians and the churches by the rise of the Third Riech under Adolf Hitler. Metaxas brings out the complexities of the times as some Germans worked to oppose Hitler and the journey of this young pastor as he became part of a conspiracy to kill Hitler. Bonhoeffer's courage and conviction will inspire you.
The Accidental Revolutionary: George Whitefield and the Creation of America, by Jerone Dean Mahaffey
An enjoyable, readable introduction to the life and work of one of the greatest Christian evangelists - George Whitefield. Considered by some American historians as a forgotten founding father, Mahaffey picks up the argument that Whitefield should be given significant credit for his influence in the American colonies in roughly the three decades leading up to the American Revolution. Although he was not a revolutionary himself, the author argues that his religious rhetoric informed the political rhetoric and categorical thinking of the revolution.


text:
=$last_heading?> Bitcoin Buy Sell
Online purses are stored by way of a third party on the cloud servers. Making and backing up your bitcoin budget are easy should you pick a web-based wallet because some online wallet vendors maintain backups for you while also providing you with the possibility to back-up your bitcoin budget oneself. There are many possibilities for buying bitcoins. You can aquire them with cable transfers, bank cards, money grams, charge cards and also in cash. Be careful when buying your bitcoins. Verify that the person you purchase them from has a good reputation to be able to avoid fraud and other scams.


text:
XtraDeconstruct: Legacy of Magic
by Primal Savage et al.
1. XtraDeconstruct: Legacy of Magic 1.1 Latest News (Changelog)
(1 December 2016) Wildland Rivers Fix, see #1860
(25 November 2016) Republic Government 1.6 Add-on now available, see #1854
(16 November 2016) XtraDeconstruct 2.0.k. - The End(game) Edition, see #1851
(23 August 2016) XtraDeconstruct 2.0.j. - Every Edition is the Last Edition
1.2 Compatibility Snippet (Extended List)
Compatible w/ LH 2.0, all DLC, Children of Storm 1.8.c, Black Market Bazaar 2.0, Champion Bonanza 1.3...
NOTE: XtraDeconstruct makes Children of Storm compatible w/ LH 2.0 and DLC05 (Leader Pack DLC).
1.3 Features (Extended Description)
Expands LH in a myriad of ways.
1.4 How-to Install (User Guide)
See A_UserGuide.txt
1.5 Endorse XtraDeconstruct (History)
Go to your Nexus Download History to endorse Mods (Thumbs up).
1.6 Download (NexusMods)
Download XtraDeconstruct: Legacy of Magic @ NexusMods (Free).
Download page may take up to 20 seconds to load.
2. Credits & Feedback
(Hellions) ::: (davrovana) ::: (Heavenfall) ::: (Dhuran) ::: (attackdrone) ::: (Vithar133) ::: (Stardock)
Many users gave valuable feedback, this is so they realize that their contribution is appreciated.
All feedback is valuable, but if you would like to answer specific questions, see post #1630.
Want to help even more? 'Thumbs up' these reviews [1] [2]. 'Thumbs up' Xtra. Tell your friends!
</shameless plugging>
Thanks tjashen for continually updating your Regularly Updated List of Mods for E:LH! It was great of you to make a commitment like that, and I think you've done a fine job in keeping it fairly up-to-date.
EDIT: Oh, that was last page. Still, it was worth saying.
Hurrah! Glad to see the no price changes version is still available!
Some options:
<GameTriggerAdjacentToUnit InternalName="..."/>
<GameTriggerBattleFinished InternalName="..."/>
<GameTriggerFactionDestroyed InternalName="..."/>
<GameTriggerNewCity InternalName="..."/>
<GameTriggerResourceLevel InternalName="..."/>
<GameTriggerStartOfGame InternalName="..."/>
<GameTriggerStartTurn InternalName="..."/>
<GameTriggerTurnCountdown InternalName="..."/>
<GameTriggerUnitKilled InternalName="..."/>
<GameTriggerWorldTile InternalName="...">
Here's a pic:
Regarding the DLC04 AI Priority fixes, what does the tag Economy do and how does it differ from Prestige? I've set it to Prestige in my mod, but only to make it much more likely to produce it.
Edit: You are right, Primal. I guess I haven't looked at my own mod for quite a while. I used Prestige for a much earlier version.
So is this mod completely compatible with CoS and Black Market Bazaar?
That is excellent news. Thank you. I look forward to using these mods in tandem.
Ahh that makes it so much clearer now. Thanks, Primal!
Interestingly, the original CoreAIDefs doesn't have city improvement priorities for Economy. So what happens to those?
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text:
Consultant Plastic, Reconstructive & Hand surgeon
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I was referred to Mr Haeney with an extremely painful hand condition, which he diagnosed as de quervain's tenosynovitis. Mr Haeney is very approachable, takes time to carefully listen and answer all concerns fully, and a gives a full explanation of the what, why and how around your condition. He is completely upfront about potential outcomes, whilst being very reassuring, allaying unnecessary worries.
Mr Heaney personally introduced himself to me in the waiting room at the initial and subsequent consultation appointments. His approach was very personal and caring and totally made me feel at ease. During consultations he fully explained what he thought the issues were and what options were available, enabling me to make a decision as to the next step. On the day of surgery he fully explained the process, what to expect and personally accompanied me to and from the operating room. The post operative results are excellent. In my opinion James Heaney is not only an excellent surgeon, but a caring consultant who treats his patients with dignity and consideration.
Short link to review Mr James Haeney: http://iwgc.net/efcc9


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Photos: It's always 4:20 in Denver, at least while Union Station is under construction
The other week, I was dropping off my pop at the Oxford Hotel downtown around 2 p.m. when I noticed that the clock was wrong at Union Station.
Or, better, the clock was right on at Union Station.
Yup. 4:20. At 2 p.m. in the afternoon. I'm not downtown much these days (I'm stuck changing diapers), so I'm not sure how long it's been like that. But I did go back the next day and snap another picture around 6 in the evening, and the clock was still at 4:20.
We haven't reached out to the construction company yet (renovations closed the facility in November 2012 and were supposed to last about a year and a half), mostly because we think it's hysterical and want to see how long it stays up.
Here's the first photo....
...and a shot from the next day:
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text:
Nathan: Welcome to ISpeakHindi.com. This is episode #312 entitled "Naraindasji asks Meenaji about sending Rakhis to her brothers". Let us look at some of the vocabulary that we will see in today's lesson. I will say the English word, and Nariandasji will say the Hindi word.
Nathan: "yesterday"
Naraindas: कल. We should point out that कल also meens tomorrow. You have to look at the sentence to see which meaning is correct.
Nathan: "what"
Naraindas: क्या (kyaa)
Nathan: "is"
Naraindas: है (hai)
Nathan: "was"
Naraindas: था (thaa)
Nathan: "Yes"
Narindas: हाँ (haan), However, you can make this more polite and formal by adding a जी (jii) to make जी हाँ (jii hain).
Nathan: Now, let us hear the dialog between Meenaji and Naraindasji.
Naraindas: मीना, आपको मालूम है कल क्या धा?
(meenaa, aapko maaluum hai kal kyaa thaa?)
Meena: जी हाँ, कल रक्षाबन्धन था।
(jii haan, kal rakshabandhan thaa)
Naraindas: क्या आपने अपने भाइयों को राखियाँ भेजीं ?
(kyaa aapne apne bhaiyon ko rakhiyaan bhejiin?)
Meena: जी हाँ, मैं ने भेजीं।
(jii haan, main ne bhejiin)
Nathan: Now let us review the dialog line by line. Nariandasji what was the first line you said?
Naraindas: मीना, आपको मालूम है कल क्या धा?
(meenaa, aapko maaluum hai kal kyaa thaa?)
which means "Meena, do you know what yesterday was?"
Nathan: Notice the last part of that sentence. कल क्या धा? (kal kyaa thaa?) "What was yesterday?" Remember that कल (kal) can mean either yesterday or tomorrow. But because of the verb "was" we know that कल (kal) in this case means yesterday. And क्या (kyaa) means "what". Meenaji, what do you say in response?
Meena: जी हाँ, कल रक्षाबन्धन था। (jii haan, kal rakshabandhan thaa) which means "Yes, yesterday was Rakshabandhan."
Nathan: Notice the use of जी हाँ (jii haan). This is a very polite way of saying "yes". You can think of it as being equivalent to "yes sir" or "Yes madam". You could also say just हाँ (haan) or actually if you just say जी (jii) it would be a short form of the polite version of "yes".
Notice how similar the response and the question are. कल क्या था? (kal kyaa thaa?) कल रक्षाबन्धन था। (kal rakshabandhan thaa?) Mr. Nariandas, what do you say in response?
Naraindas: "क्या आपने अपने भाइयों को राखियाँ भेजीं ? " (kyaa aapne apne bhaiyon ko rakhiyaan bhejiin?) which means "Did you send rakhis to your brothers?"
Nathan: Meena, how do you reply him?
Meena: जी हाँ, मैं ने भेजीं। (जी हाँ, मैं ने भेजीं।) which means "Yes, I sent them."
Looking for something more basic? Why not try our "50 Hindi Words to Get You Started" Lesson?
Looking for something else? Check out our Hindi/English Dictionary. Learn Hindi


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Author note:
The most current blog is linked from the above horizontal menu bar and to your right are links to currently
posted essays —some are published elsewhere, some not.
I hope you find these works entertaining, enlightening, thought provoking, and intellectually
useful. Let's hope in time everyone can cherish freedom, practice equality, and seek justice. Enjoy.—John
So whatdayathink?:
In 2016 it seems obvious that the past 15 years of failed, belligerent American foreign policy is directly responsible for the greatest European refugee crisis the world has ever known as well as an exponential rise in worldwide terrorism. Over two million innocent Iraqis, Afghans, Libyans, Syrians, and others have been needlessly slaughtered in the euphemistic interests of freedom and democracy—largely explaining the rapid growth of extremism in that part of the world.
Recent militarized U.S. efforts also include desperate attempts to revive the cold war and NATO revenue streams by demonizing Vladimir Putin and Russia to the ultimate detriment of international relations—and it's all mostly balderdash.
"When plunder becomes a way of life for a group of men living together in society, they create for themselves in the course of time a legal system that authorizes it and a moral code that glorifies it."—Frederic Bastiat, circa 1850


text:
Rave On
The Nitty Gritty Dirt BandBuy this song
Well the little things that you say and do Make me want to be with you Oh, rave on it's a crazy feeling And I know it's got me reelin' When you say I love you Rave on The way you dance and hold me tight The way you kiss when we goodnight Rave on its a crazy feeling And I know its got me reelin' When you say I love you Oh, Rave on Well rave on its a crazy feeling And I know its got me reelin' I'm so glad your revealing your love for me Rave on, Rave on, tell me, Tell me not to be lonely, Tell me, you love me only Rave on to me
Written by: SHAUN RYDER, PAUL RICHARD DAVIS, MARK PHILIP DAY, PAUL ANTHONY RYDER, GARY KENNETH WHELAN
Lyrics © Sony/ATV Music Publishing LLC, Universal Music Publishing Group
Lyrics Licensed & Provided by LyricFind
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"Rave On Lyrics." Lyrics.com. STANDS4 LLC, 2016. Web. 10 Dec. 2016. <http://www.lyrics.com/lyric/340330>.