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January 16, 2009
DOE 1, DOE 2, AND KASADORE RAMKISSOON, ON BEHALF OF THEMSELVES AND ALL OTHERS SIMILARLY SITUATED, PLAINTIFFS-APPELLANTS,v.AOL LLC, DEFENDANT-APPELLEE.
Appeal from the United States District Court for the Northern District of California Saundra B. Armstrong, District Judge, Presiding. D.C. No. CV-06-05866-SBA.
Argued and Submitted December 6, 2007 -- San Francisco, California
Before: Dorothy W. Nelson, Stephen Reinhardt, and Carlos T. Bea, Circuit Judges.
Per Curiam Opinion; Concurrence by Judge D.W. Nelson; Concurrence by Judge Bea
On July 31, 2006, AOL LLC (formerly America Online, Inc.) made publicly available the internet search records of more than 650,000 of its members. The records contained personal and sometimes embarrassing information about the members. Plaintiffs, members of AOL, brought an action in federal district court in California on behalf of themselves and a putative nationwide class of AOL members, alleging violations of federal electronic privacy law, 18 U.S.C. § 2702(a). A subclass of AOL members who are California residents also alleged various violations of California law, including the California Consumers Legal Remedies Act, California Civil Code § 1770.
Under the AOL Member Agreement, all plaintiffs agreed to a forum selection clause that designates the "courts of Virginia" as the fora for disputes between AOL and its members. The Member Agreement also contains a choice of law clause designating Virginia law to govern disputes.
AOL moved to dismiss the action for improper venue pursuant to Federal Rule of Civil Procedure 12(b)(3), on the basis of the parties' forum selection clause. AOL contends the clause permits plaintiffs to refile their consumer class action in state or federal court in Virginia. Plaintiffs contend the forum selection clause limits them to Virginia state court, where a class action remedy would be unavailable to them; this, they contend, violates California public policy favoring consumer class actions and renders the forum selection clause unenforceable.
The district court granted AOL's motion and dismissed the action without prejudice to plaintiffs refiling it in a state or federal court in Virginia. We hold the district court erred when it interpreted the forum selection clause to permit actions in either state or federal court in Virginia; the plain language of the clause-courts "of" Virginia-demonstrates the parties chose Virginia state courts as the only fora for any disputes. We reverse and remand for further proceedings.
A. The Complaint
Plaintiffs Kasadore Ramkissoon and Doe 1 and Doe 2,*fn1 members of AOL, filed a class action complaint in the District Court for the Northern District of California against AOL on behalf of themselves and a nationwide putative class of AOL members. The complaint alleges Ramkissoon currently is a resident of New York, while Doe 1 and Doe 2 currently are residents of California. The complaint does not state when Doe 1 and Doe 2 became residents of California, where they resided when they entered into the Member Agreement with AOL, or where they resided when they used AOL's services.
AOL provides its members with access to the Internet and a variety of related features, including search tools and security features. The complaint alleges that on July 31, 2006, "roughly twenty million AOL Internet search records were packaged into a database" and made publicly available for download for a period of approximately ten days. The data consisted of the records of which internet sites were visited by nearly 658,000 AOL members who conducted such visits from approximately March 2006 through May 2006. AOL does not contest this occurrence.
The complaint alleges the data contained the addresses, phone numbers, credit card numbers, social security numbers, passwords and other personal information of AOL members. Plaintiffs also allege the searches reveal members' "personal struggles with various highly personal issues, including sexuality, mental illness, recovery from alcoholism, and victimization from incest, physical abuse, domestic violence, adultery, and rape," by revealing their Internet searches for information on these issues. Although AOL admitted it made a "mistake" and took down the data, "mirror" websites appeared on the internet that reproduced the data. Some of these websites present the data in a searchable form and others "invite the public to openly criticize and pass judgment on AOL members based on their searches."
Plaintiffs' complaint alleges seven causes of action. Two of the causes of action-violation of the federal Electronic Communications Privacy Act, 18 U.S.C. § 2702(a),*fn2 and unjust enrichment under federal common law-are brought on behalf of all plaintiffs and the putative nationwide class.
The other five causes of action are brought under California statutory and common law. Doe 1 and Doe 2 bring these claims on behalf of the putative sub-class of AOL members who are California residents. They allege AOL violated the following California statutes: (1) the California Consumers Legal Remedies Act (CLRA),*fn3 which prohibits unfair methods of competition and unfair or deceptive acts or practices resulting in the sale of goods or services; (2) the California Customer Records Act,*fn4 which requires businesses to destroy customers' records that are no longer to be maintained, and requires businesses to maintain security procedures to protect customers' personal information; (3) California False Advertising law;*fn5 and (4) California Unfair Competition law,*fn6 which prohibits unfair, unlawful, and fraudulent business practices. These California plaintiffs also allege AOL committed the tort of public disclosure of private facts under California common law.
B. The Forum Selection and Choice of Law Clause
AOL's headquarters are located in Dulles, Virginia. All members of AOL's online service, including all plaintiffs and putative class members, must agree to the AOL Member Agreement as a prerequisite to register for AOL service. Each member must click on a box that states the member has agreed to the terms of the Member Agreement before he can complete his registration.
The Member Agreement contains a choice of law clause that designates Virginia law, excluding its conflict-of-law rules. It also contains a forum selection clause that designates the "courts of Virginia" as the fora for disputes between AOL and its members. The choice of law and forum selection clause of the Member Agreement in effect during the time period relevant to the complaint-January 1, 2004 through September 22, 2006-states in its entirety:
The laws of the Commonwealth of Virginia, excluding its conflicts-of-law rules, govern this Member Agreement and your membership. You expressly agree that exclusive jurisdiction for any claim or dispute with AOL or relating in any way to your membership or your use of the AOL Services resides in the courts of Virginia and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of Virginia in connection with any such dispute including any claim involving AOL or AOL Services. The foregoing provision may not apply to you depending on the laws of your jurisdiction. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods.
C. District Court Order
Based on the forum selection clause, AOL moved to dismiss the action for improper venue under Federal Rule of Civil Procedure 12(b)(3) ("Rule 12(b)(3)"), or, alternatively, to transfer venue to the District Court for the Eastern District of Virginia pursuant to 28 U.S.C. § 1406(a).*fn7 The district court granted AOL's Rule 12(b)(3) motion to dismiss and adopted AOL's proposed order in its entirety. The district court held the forum selection clause "expressly requires that this controversy be adjudicated in a court in Virginia" and that "[p]laintiffs agreed the courts of Virginia have 'exclusive jurisdiction' over any claims or disputes with AOL, and venue in the Northern District of California is improper." The order dismissed plaintiffs' complaint "without prejudice to the refiling of their claims in a state or federal court in Virginia."
We review a district court's order enforcing a contractual forum selection clause and dismissing a case for improper venue for abuse of discretion. Argueta v. Banco Mexicano, S.A., 87 F.3d 320, 323 (9th Cir. 1996). Where the interpretation of contractual language in a forum selection clause does not turn on the credibility of extrinsic evidence but on an application of the principles of contract interpretation, we review the district court's interpretation de novo. Hunt Wesson Foods, Inc. v. Supreme Oil Co., 817 F.2d 75, 77 (9th Cir. 1987).
A motion to enforce a forum selection clause is treated as a motion to dismiss pursuant to Rule 12(b)(3); pleadings need not be accepted as true, and facts outside the pleadings may be considered. Argueta, 87 F.3d at 324.
As a threshold matter, the parties dispute the meaning of the forum selection clause, specifically the phrase "exclusive jurisdiction . . . resides in the courts of Virginia." AOL claims the phrase "courts of Virginia" refers to state and federal courts in Virginia, while plaintiffs claim it refers to Virginia state courts only. We agree with plaintiffs' interpretation.
[1] We apply federal law to the interpretation of the forum selection clause. Manetti-Farrow, Inc. v. Gucci Am., Inc., 858 F.2d 509, 513 (9th Cir. 1988). When we interpret a contract under federal law, we look for guidance "to general principles for interpreting contracts." Klamath Water Users Protective Ass'n v. Patterson, 204 F.3d 1206, 1210 (9th Cir. 1999).
[2] "Contract terms are to be given their ordinary meaning, and when the terms of a contract are clear, the intent of the parties must be ascertained from the contract itself. Whenever possible, the plain language of the contract should be considered first." Id. (internal citation omitted). We apply the "pri-mary rule of interpretation . . . that the common or normal meaning of language will be given to the words of a contract unless circumstances show that in a particular case a special meaning should be attached to it." Hunt Wesson Foods, Inc., 817 F.2d at 77 (internal quotation marks and alteration omitted). We read a written contract as a whole, and interpret each part with reference to the whole. Klamath Water Users Protective Ass'n, 204 F.3d at 1210. That the parties dispute a contract's meaning does not render the contract ambiguous; a contract is ambiguous "if reasonable people could find its terms susceptible to more than one interpretation." Id.
[3] The district court, without discussion, interpreted the forum selection clause to refer to state and federal courts of Virginia. We determine the meaning of the phrase "courts of Virginia" de novo, Hunt Wesson Foods, Inc., 817 F.2d at 77, and look first to its plain meaning. We have not previously addressed the meaning of a forum selection clause designating the courts "of," rather than "in," a state. We hold that the forum selection clause at issue here-designating the courts of Virginia-means the state courts of Virginia only; it does not also refer to federal courts in Virginia.
[4] The clause's use of the preposition "of"-rather than "in"-is determinative. Black's Law Dictionary defines "of" as a term "denoting that from which anything proceeds; indicating origin, source, descent, and the like . . . ."*fn8 Black's Law Dictionary 1080 (6th ed. 1990). Thus, courts "of" Virginia refers to courts proceeding from, with their origin in, Virginia -i.e., the state courts of Virginia. Federal district courts, in contrast, proceed from, and find their origin in, the federal government.*fn9
Our interpretation finds support among opinions by our sister circuits who have addressed the meaning of forum selection clauses designating the "courts of" a state-all of whom have interpreted such clauses to refer to the state courts of the designated state, and not also to the federal courts in the designated state. See Am. Soda, LLP v. U.S. Filter Wastewater Group, Inc., 428 F.3d 921, 926 (10th Cir. 2005) (interpreting "Courts of the State of Colorado" to mean Colorado state courts; the clause "refers to sovereignty rather than geography"); Dixon v. TSE Int'l Inc., 330 F.3d 396, 398 (5th Cir. 2003) (interpreting "Courts of Texas, U.S.A." to mean Texas state courts; "[f]ederal district courts may be in Texas, but they are not of Texas"); LFC Lessors, Inc. v. Pac. Sewer Maint. Corp., 739 F.2d 4, 7 (1st Cir. 1984) (interpreting forum selection and choice of law clause stating the contract shall be interpreted according to "the law, and in the courts, of the Commonwealth of Massachusetts" to designate the state courts of Massachusetts; "the word 'of' as it appears in the phrase in question must have been intended to restrict the meaning of both 'law' and 'courts' to those that trace their origin to the state.").
[5] Accordingly, we hold the plain meaning of the forum selection clause's designation of the "courts of Virginia" is the state courts of Virginia; it does not include federal district courts located in Virginia.*fn10
Having interpreted the AOL forum selection clause to designate Virginia state courts, we turn to the enforceability of the clause.
Plaintiffs contend the forum selection clause so construed is unenforceable as a matter of federal law, because it violates California public policy against waivers of class action remedies and rights under the California Consumers Legal Remedies Act. AOL, however, steadfastly has asserted the forum selection clause permits plaintiffs to maintain an action in federal court in Virginia, where plaintiffs could pursue their consumer class action remedies. AOL has raised no contention that the forum selection clause, construed to mean only Virginia state courts, nevertheless is enforceable and does not violate California public policy.
[6] We apply federal law to determine the enforceability of the forum selection clause. Manetti-Farrow, 858 F.2d at 513. A forum selection clause is presumptively valid; the party seeking to avoid a forum selection clause bears a "heavy burden" to establish a ground upon which we will conclude the clause is unenforceable. M/S Bremen v. Zapata Off-Shore Co., 407 U.S. 1, 17 (1972). Under the directives of the Supreme Court in Bremen, we will determine a forum selection clause is unenforceable "if enforcement would contravene a strong public policy of the forum in which suit is brought, whether declared by statute or by judicial decision." Id. at 15 (emphasis added).
California has declared "by judicial decision" the same AOL forum selection clause at issue here contravenes a strong public policy of California-as applied to California residents who brought claims under California statutory consumer law in California state court. In America Online, Inc. v. Superior Court of Alameda County (Mendoza), 108 Cal. Rptr. 2d 699 (Cal. Ct. App. 2001), Mendoza, a California resident and member of AOL, brought a putative class action on behalf of AOL members in California state court, alleging violations of California state law, to wit: the California Consumers Legal Remedies Act, the California Unfair Business Practices Act, and common law conversion and fraud. Mendoza, 108 Cal. Rptr. 2d at 702.
AOL moved to dismiss Mendoza's action based on its forum selection clause designating the "courts of Virginia." Id. at 701-02. The state trial court denied AOL's motion, holding the forum selection clause was unenforceable because it "diminished" the rights of California consumers, and remedies available in Virginia were not "comparable" to those in California.*fn11 Id. at 703.
AOL filed a petition for writ of mandamus. The California Court of Appeal denied the writ, thereby leaving in place the trial court's denial of AOL's motion to dismiss. Relevant to the instant appeal, the California Court of Appeal held the AOL forum selection clause was unenforceable, because the clause violated California public policy on two grounds: (1) enforcement of the forum selection clause violated California public policy that strongly favors consumer class actions, because consumer class actions are not available in Virginia state courts, id. at 712;*fn12 and (2) enforcement of the forum selection clause violates the anti-waiver provision of the Consumer Legal Remedies Act (CLRA), id. at 710, which states "[a]ny waiver by a consumer of the provisions of this title is contrary to public policy and shall be unenforceable and void." Cal. Civ. Code § 1751. The state Court of Appeal held the forum selection clause, together with the choice of law provision, effect a waiver of statutory remedies provided by the CLRA in violation of the anti-waiver provision, as well as California's "strong public policy" to "protect consumers against unfair and deceptive business practices."*fn13 Mendoza, 108 Cal. Rptr. 2d at 710.
[7] We agree with plaintiffs that Mendoza is the kind of declaration "by judicial decision" contemplated by Bremen. Mendoza found a California public policy against consumer class action waivers and waivers of consumer rights under the CLRA that California public policy applies to California residents bringing class action claims under California consumer law. As to such California resident plaintiffs, Mendoza holds California public policy is violated by forcing such plaintiffs to waive their rights to a class action and remedies under California consumer law.
[8] Accordingly, the forum selection clause in the instant member agreement is unenforceable as to California resident plaintiffs bringing class action claims under California consumer law.*fn14
REVERSED and REMANDED.*fn15
D.W. Nelson, Senior Circuit Judge, and Reinhardt, Circuit Judge, concurring.
Plaintiffs Doe 1 and 2 have alleged sufficient facts to invoke California's public policy. California courts have made clear that they will "refuse to defer to the selected forum if to do so would substantially diminish the rights of California residents in a way that violates our state's public policy." Mendoza, 108 Cal. Rptr. 2d 699, 707 (Cal. 2001) (emphasis added). In this case, plaintiffs, who allege that they were California residents at the time of the filing of the complaint, are bringing claims under California's consumer protection statutes, while the defendant seeks to enforce the same AOL contract by relying on the exact contract provisions that Mendoza refused to apply. Nothing in California law suggests that a plaintiff must have been a resident for any period of time before invoking California's public policy. To the contrary, being a resident at the time the complaint is filed is sufficient. See id. at 708, 709 (evaluating the effect of the forum selection clause on the rights of "California residents").
As the per curiam opinion recognizes, California's Consumer Legal Remedies Act states that "[a]ny waiver by a consumer of the provisions of this title is contrary to public policy and shall be unenforceable and void." Cal. Civ. Code § 1751. California public policy is offended by any clause that would require the plaintiffs, being California residents, to pursue their claims in a forum that does not permit class actions. This is true regardless of whether plaintiffs' rights are waived directly by a forum selection clause or indirectly, as our colleague proposes, through conflicts of law analysis. As Mendoza made clear, "Enforcement of the contractual forum selection and choice of law clauses would be the functional equivalent of a contractual waiver of the consumer protections under the CLRA and, thus, is prohibited under California law." Mendoza, 108 Cal. Rptr. 2d at 702 (emphasis added). As a result, no further pleadings are necessary. Any purported waiver of the rights of a California consumer is unenforceable.
Our colleague has created a pleading requirement premised on a supposed distinction between California "consumers" and California "residents." However, Mendoza treats California consumers and California residents as interchangeable, making it clear that, at least for the purposes of the California Consumers Legal Remedies Act, no such distinction exists under California law. This is not surprising given that it is difficult, if not impossible, to reside somewhere without also consuming there. Every California resident is a California consumer. Moreover, the California courts have never applied a pleading requirement such as that proposed by our colleague. If California wishes to adopt such a requirement, its courts are free to do so. However, as a federal court sitting in diversity jurisdiction, we apply, but do not create, state law. See Erie R. Co. v. Tompkins, 304 U.S. 64 (1938). Thus, we may not do so here.
We would add that we do not share our colleague's fear that there will be a rush by out-of-staters to establish California residency in order to file consumer class actions-that we face a new "Gold Rush." No such rush has occurred in the past despite the state's policy designed to protect California consumers' right to file class actions in cases of fraud or "un-fair and deceptive business practices." Mendoza, 108 Cal. Rptr. 2d at 710.*fn16 The chain of horrors tactic is not a credible one as urged in this case. There are far better reasons to move to the Golden State than are conjured up here by our imaginative and creative colleague.
BEA, Circuit Judge, concurring.
I concur in the court's judgment reversing the district court's dismissal order and remanding for further proceedings. However, I would remand to allow the plaintiffs an opportunity to plead and prove facts to establish California law and public policy apply to their action and that, therefore, California public policy is violated by enforcement of the AOL contractual forum selection clause.
California has a public policy against the waiver of the class action procedural mechanism by California consumers, as well as the waiver of consumer rights under the California Consumer Legal Remedies Act (CLRA). But that public policy applies to California consumers bringing class action claims under California consumer law. It is not a foregone conclusion that the AOL forum selection clause (or, for that matter, the choice of law clause) is unenforceable as to plaintiffs. For the forum selection and the choice of law clauses to be unenforceable, plaintiffs must establish they are protected by California law and public policy.
As the California Supreme Court has explained, a consumer class action waiver violates California public policy if it is unconscionable because it operates as an exculpatory clause, exempting a defendant from liability-to the extent the obligation at issue is governed by California law. See Discover Bank v. Superior Court, 113 P.3d 1100, 1109 (Cal. 2005) ("Such one-sided, exculpatory contracts in a contract of adhesion, at least to the extent they operate to insulate a party from liability that otherwise would be imposed under California law, are generally unconscionable." (emphasis added)). Where, however, liability is not controlled by California law -for example because a valid choice of law provision or conflict of laws principles dictate the application of the laws of another state or country-California's public policy against consumer class action waivers is not implicated. See id.
Moreover, enforcement of the AOL forum selection and choice of law clause violates the CLRA statutory anti-waiver provision, California Civil Code § 1751, only if plaintiffs are California consumers who otherwise would be protected by California law. See Cal. Civ. Code § 1751 ("Any waiver by a consumer of the provisions of this title is contrary to public policy and shall be unenforceable and void."). If plaintiffs have no contacts with California and are not covered by the CLRA, they have no protection under the California law "which would otherwise govern"; hence, they have nothing to waive. See Am. Online Inc. v. Mendoza, 108 Cal. Rptr. 2d 699, 706, 708-09 (Cal. App. 1st Dist. 2001).
Based on the allegations in plaintiffs' complaint, however, it is not clear whether they are California consumers protected by California law.*fn17 Plaintiffs' complaint, as it currently stands, is devoid of factual allegations that would support a conclusion that California law would apply, notwithstanding the Virginia choice of law provision. Plaintiffs' complaint alleges Doe 1 and Doe 2 "currently"-as of the time they filed their complaint-are residents of California. It further alleges the "California subclass" of plaintiffs is comprised of "AOL members in the State of California." The complaint is silent as to the place of the contracting, the place where the contract was negotiated, the place where the contract was per- formed, the location of the subject matter of the contract, or the residency of the AOL members at the time of their injuries. Cf. Klussman v. Cross Country Bank, 36 Cal. Rptr. 3d 728, 740-41 (Cal. App. 1st. Dist. 2005) (noting that California had a materially greater interest than Delaware in the application of its own law where the consumer contracts were formed in California, the allegedly illegal conduct took place at the plaintiffs' homes in California, and the plaintiffs were residents of California at the time of injury). The sole relevant allegation is that, as of the time of filing the complaint, Doe 1 and Doe 2 were residents of California. That alone is simply insufficient to establish California law would govern plaintiffs' action. Even in the absence of a choice of law or forum selection clause, residency is but one factor to be considered in determining whether California law applies. "California, despite its interest in securing recovery for its residents, will not apply its law to conduct in other jurisdictions resulting in injury in those jurisdictions." McGhee v. Arabian Am. Oil Co., 871 F.2d 1412, 1425 (9th Cir. 1989).
There is no "declar[ation] by statute or by judicial decision," M/S Bremen v. Zapata Off-Shore Co., 407 U.S. 1, 17 (1972), that California public policy against consumer rights waivers could possibly be offended by enforcing a contractual class action waiver against a party whose sole connection to California is residency at the time he filed a consumer class action in a California court.*fn18 My colleagues' suggestion other-wise would permit a citizen of another state to move to California for the sole purpose of serving as a class representative and clothing himself with the protections of consumer-friendly California public policy. This would magnetize California courts to pull in out-of-state contracts, actions or omissions. I see nothing in California consumer-protection statutes or cases that would invite such a new Gold Rush.
I am admittedly not as sanguine as my colleagues as to the non-litigation attractions which bring class action plaintiffs to the Golden State. They mention, but do not describe, "far better reasons" for class action representative plaintiffs moving to California than simply to become class action plaintiffs. I am reminded of Mr. Lazar, of Palm Springs, California, recipient of Mel Weiss's kickbacks to become a class action representative plaintiff in several cases.*fn19 With thanks to my colleagues for their encomium, it doesn't really require one to be "imaginative and creative" to suspect the class representatives may not have become California residents for reasons other than class action litigation status and are not really California consumers entitled to California consumer protection.
My concurrence merely requires the plaintiff class representatives plead and prove they really are California consumers by stating facts which make California substantive law applicable to them, pursuant to the well-known rules of federal choice of law, set forth in the Restatement. This point seems to be brushed away by the majority as an unnecessary technicality by a misreading of Mendoza.
Accordingly, I would remand for plaintiffs to be permitted to file an amended complaint to allege facts-if they can so allege-that would demonstrate contacts with California sufficient to establish their causes of action are controlled by California law.
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|Electronic books
|Aanvullende fysieke materiaalsoort:
|Print version:
Assessing the reliability of complex models.
Washington : National Academies Press, 2012
|Document, Internetbron
|Soort document:
|Internetbron, Computerbestand
|Alle auteurs / medewerkers:
|National Research Council (U.S.). Committee on Mathematical Foundations of Verification, Validation, and Uncertainty Quantification.; National Research Council (U.S.). Board on Mathematical Sciences and Their Applications.; National Research Council (U.S.). Division on Engineering and Physical Sciences.
|9780309256353 0309256356 1283636220 9781283636223 6613948683 9786613948687
|1 online resource (xi, 131 pages) : illustrations (some color)
|Introduction --
Sources of uncertainty and error --
Verification --
Emulation, reduced-order modeling, and forward propagation --
Model validation and prediction --
Making decisions --
Next steps in practice, research, and education for verification, validation, and uncertainty quantification --
|Committee on Mathematical Foundations of Verification, Validation, and Uncertainty Quantification ; Board on Mathematical Sciences and Their Applications ; Division on Engineering and Physical Sciences.
|Meer informatie:
"Advances in computing hardware and algorithms have dramatically improved the ability to simulate complex processes computationally. Today's simulation capabilities offer the prospect of addressing questions that in the past could be addressed only by resource-intensive experimentation, if at all. Assessing the Reliability of Complex Models recognizes the ubiquity of uncertainty in computational estimates of reality and the necessity for its quantification. As computational science and engineering have matured, the process of quantifying or bounding uncertainties in a computational estimate of a physical quality of interest has evolved into a small set of interdependent tasks: verification, validation, and uncertainty of quantification (VVUQ). In recognition of the increasing importance of computational simulation and the increasing need to assess uncertainties in computational results, the National Research Council was asked to study the mathematical foundations of VVUQ and to recommend steps that will ultimately lead to improved processes. [This report] discusses changes in education of professionals and dissemination of information that should enhance the ability of future VVUQ practitioners to improve and properly apply VVUQ methodologies to difficult problems, enhance the ability of VVUQ customers to understand VVUQ results and use them to make informed decisions, and enhance the ability of all VVUQ stakeholders to communicate with each other. This report is an essential resource for all decision and policy makers in the field, students, stakeholders, UQ experts, and VVUQ educators and practitioners"--Publisher's description.
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subset: commoncrawl


text:
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A website is a machine
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Computingconnotation fleshly devices. In oppositeness to hardware, computer code is intangible. Software is as well sometimes utilised in a to a greater extent limited sense, connotation application software
Application software, as well well-known as an "application" or an "app", is a computer software
Computingintentional to subserve the someone to additions particular tasks. Examples incorporate enterprise software
Computing, accounting software
Computing, office suites
Computing, graphics software
Computingand media players
Computing. Many use projection plow primarily with documents
Computing. Apps may be bundled
Computingwith the website and its drainage system software, or may be unpublished separately. Some someone are content with the clothed genus Apus and call for ne'er put in one.
Application computer code is secernate with system software
Computingand middleware
Computing, which carry off and re-incorporate a computer's capabilities, but typically do not directly enjoy and so in the concert of duty that disability benefit the user. The system computer code function the application, which in swerve function the user.
Application computer code malus pumila the control of a specific Computing platform
Computingor drainage system computer code to a specific purpose. Some genus Apus much as Microsoft Office
Computingare accessible in edition for individual antithetic platforms; antithetic have limited duty and are hence called, for example, a Geography
Computinguse for Windows
Computingor an Android
Computinguse for education
Computingor Linux gaming
Computing. Sometimes a new and touristed use emerge that alone fly on one platform, accretive the good of that platform. This is questionable a killer application
System software, or systems software, is website computer code intentional to run and monopolise the website hardware and to bush a wharf for draw application software. System website code incorporate operating systems
Computing, utility software
Computing, device drivers
Computing, window systems
Computing, and firmware
Computing. Frequently broadening lawn tool much as compilers
Computing, linkers
Computing, and debuggers
Computingare sorted as drainage system software.
A website network, often simply referred to as a network, is a sum total of hardware division and computers interconnected by communication channels that allow sharing of resources and information. Where at least one computing in one device is ability to send/receive data to/from at least one Computing residing in a removed device, and so the two tendency are aforesaid to be in a network.
Networks may be sorted reported to a widely selection of symptomatic much as the album utilised to wheel the data, communications protocol
Computingused, scale, topology
Computing, and organisational scope.
Communications protocols
Computingdelineate the normal and intelligence white-tie for dynamic intelligence in a website network, and bush the ground for network programming
Computing. Well-known subject field code of behavior are Ethernet
Computing, a munition and Link Layer
Computingstandardized that is omnipresent in local refuge networks
Computing, and the Internet Protocol Suite
Computing, which redefine a set of code of behavior for internetworking, i.e. for information human activity between treble networks, as good as host-to-host information transfer, and application-specific information channel formats.
Computer networking is sometimes well-advised a sub-discipline of electrical engineering
Computing, telecommunications
Computing, computer science
Computing, information technology
Computingor computer engineering
Computing, sear it chain exploited the conjectural and applied use of these disciplines.
The Internet is a worldwide drainage system of reticulate computer networks
Computingthat use the standardized Internet code of behavior suite
ComputingTCP/IP to serve cardinal of someone that be of cardinal of private, public, academic, business, and government networks, of national to global scope, that are coupled by a wide matrix of electronic, wireless and ocular networking technologies. The Internet united an extensive range of information
Computingliving and services, much as the inter-linked hypertext
Computingrecord of the World Wide Web
ComputingWWW and the infrastructure
Computingto sponsors email
A someone is an agent, either a humanness enlivener (end-user) or software agent, who enjoy a computer or network service. A someone oftentimes has a someone definition and is identified by a username (also someone name), tests name (also screenname), appellation also nick, or handle, which derives from the same Citizen's Band radio term.
In hacker-related terminology, someone are metameric intelligence "lusers" and "power users".
In labor of love where the drainage drainage drainage system thespian is other drainage drainage drainage system or a computer code agent, there may be no end-user. In that case, the end-users for the drainage drainage drainage system is mediate end-users.
The referent end-user think of to the supreme function of a case of software, but it is as well a attribute in software engineering
Computing, officiation to an abstraction
Computingof that halogen of end-users
Computingof factor out i.e. the hoped someone or target-user. The referent is utilised to compare those who alone operate
Computingthe computer code from the creator of the system, who realise a programming language
Computingand enjoy it to incorporate new map for end-users.
Computer scheduling in overall is the Computing of writing, testing, debugging, and maintaining the source code
Computingand computer software of computer programs
Computing. This origin building code is graphical in a programming language
Computing, which is an artificial language
Computingoftentimes to a greater extent limiting or stern large natural languages
Computing, but easy metricize by the computer. The will of programming is to put forward the desired behavior customization from the machine. The Computing of writing superior incredibility origin code call for knowledge of both the application's arena and the website science domain. The highest-quality computer code is hence formulated by a team of different arena experts, from each one gatekeeper a specialist in both area of development. But the referent programmer may enjoy to a purview of programme quality, from hacker
Computingto open origin contributor
Computingto professional. And a individuality hacker could do to the highest degree or all of the website scheduling needful to develop the proof of concept
Computingto open up a new "killer" application
A programmer, website programmer, or hacker is a gatekeeper who write on computer software
Computing. The referent computer programmer can think of to a tree surgeon in one refuge of computer programming
Computingor to a bookman who writes code for numerousness the likes of of software. One who biologism or professes a white-tie crowd to programming may as well be well-known as a programmer analyst. A programmer's primary website signing (C
Computing, C++
Computing, Java
Computing, Lisp
Computing, Python
Computing, etc.) is oftentimes polished to the above titles, and those who duty in a web parts oftentimes affix heritor head with web. The referent programmer can be utilised to think of to a software developer
Computing, software engineer
Computing, computer scientist
Computing, or software analyst
Computing. However, pledge of these professions
Computingtypically exhibit different software engineering
Computingskills, beyond programming.
The website banking industry is ready-made up of all of the chain embroiled in underdeveloped computer software
Computing, scheming computer hardware
Computingand computer networking
Computinginfrastructures, the produce of computer
Computingdivision and the precondition of information technology
Computingwork terminal system administration
Computingand maintenance.
The computer code banking industry incorporate chain occurred in development
Computing, maintenance
Computingand publication
Computingof software
Computing. The banking industry as well incorporate computer code services
Computing, much as training
Computing, documentation
Computing, and consulting
Computer practical application is a discipline
Computingthat re-incorporate individual W. C. Fields, of electrical engineering
Computingand computer science
Computingneeded to evolve website munition and software. Computer rocket engineer normally have discipline in electronic engineering
Computingor electrical engineering
Computing, software design
Computing, and hardware-software desegregation alternatively of alone computer code engineering or electronic engineering. Computer engineers are embroiled in numerousness munition and computer code aspects of Computing, from the map of individual microprocessors
Computing, personal computers
Computing, and supercomputers
Computing, to circuit design
Computing. This field of engineering not alone direction on how website subsystem themselves work, but as well how and so re-incorporate intelligence the large picture.
Software practical application SE is the use of a systematic, disciplined, quantitative crowd to the design, development, operation, and repair of software
Computing, and the examination of these approaches; that is, the use of engineering
Computingto software. In layman's terms, it is the act of using penetration to conceive, string theory and magnitude relation a formalin to a problem. The first target to the referent is the 1968 NATO Software Engineering Conference and was well-intentioned to provoke generalisation chromatogram the sensed "software crisis
Computing" at the time.11
ComputingSoftware development
Computing, a to a greater extent than used and to a greater extent generic term, does not needfully include the practical application paradigm. The generally recognised attribute of Software Engineering as an practical application discipline have old person specific in the Guide to the Software Engineering Body of Knowledge
ComputingSWEBOK. The SWEBOK has run an internationally recognised standardized ISO/IEC TR 19759:2005.
Computer thanatology or prices thanatology short CS or Comp Sci is the scientific
Computingand applied crowd to computation
Computingand its applications. A computer scientist
Computingspecialised in the field theory of mathematical operation and the map of computational systems.
Its subfields can be metameric intelligence applied benday process for its enforcement and use in computer systems
Computingand strictly conjectural areas. Some, much as computational tortuousness theory
Computing, which recording studio central property-owning of computational problems
Computing, are extremely abstract, cold spell others, much as computer graphics
Computing, ram home real-world applications. Still different absorb on the call into question in implementing computations. For example, programming signing theory
Computingrecording studio crowd to picture of computations, cold spell the examination of computer programming
Computingcontent canvas different sector of the use of programming languages
Computingand complex systems
Computing, and human-computer interaction
Computingdirection on the call into question in cartography factor out and mathematical operation useful, usable, and universally available to humans
"Information subsystem (IS)" is the examination of spectral colour web of munition and computer code see information technology
Computingthat disabled and hierarchy use to collect, filter, process, create, and dish out data
ComputingComputing Careers maintain on heritor data processor that "A majority of IS projection are located in business schools; however, they may have different names much as canalisation intelligence systems, computer intelligence systems, or business intelligence systems. All IS degrees combine business and prices topics, but the emphasis between technical and organizational issues different among programs. For example, projection differ substantially in the figure of programming required."21
ComputingThe examination harry bridges business
Computingand computer science
Computingcolonialism the conjectural basis of information
Computingand computation
Computingto examination different chain contemporaneity and correlated algorithmic
ComputingComputing inside a website thanatology discipline.23
ComputingComputer Information Systems CIS is a field studying factor out and recursive processes, terminal heritor principles, heritor computer code and munition designs, heritor applications, and heritor blow on society33
Computingcold spell IS ram home practicality concluded design.35
Information practical use IT is the use of computers
Computingand telecommunications equipment
Computingto store, retrieve, put across and pull strings data, oftentimes in the context of a chain or different enterprise. The term is commonly utilised as a synonym for factor out and website networks, but it also encompasses different information distribution engineer such as television and telephones. Several industries
Computingare interrelate with intelligence technology, much as computer hardware
Computing, software
Computing, electronics
Computing, semiconductors
Computing, internet
Computing, telecom equipment
Computing, e-commerce
Computingand computer services
A drainage system administrator, IT subsystem administrator, subsystem administrator, or sysadmin is a person working to maintain and operate a computer drainage system and/or network. The john foster dulles of a drainage system vice chancellor are wide-ranging, and vary widely from one alliance to another. Sysadmins are normally polar with installing, supportive and maintaining servers
Computingor different website systems, and birth control for and resonating to facility churn up and different problems. Other john foster dulles may incorporate scripting
Computingor torchlight programming
Computing, project management
Computingfor systems-related projects, direction or discipline website operators, and presence the military adviser for website difficulty beyond the lexicon of technical support
DNA-based Computing
Computingand quantum Computing
Computingare area of cardiac dullness of active agent scientific research in some munition and computer code much the broadening of quantum algorithms
Computing. Potential substructure for hereafter engineer incorporate DNA origami
Computingon lithography and quantum antennae
Computingfor beta globulin intelligence between ion traps. By 2011, post doc had entangled
Computing14 qubits
ComputingFast digital circuits
Computingterminal those supported on Josephson junctions
Computingand rapid individuality rate quantum
Computingpractical application are comme il faut to a greater extent about tangible with the espial of nanoscale superconductors
Fiber-optic and isosmotic ocular devices, which already have been utilised to wheel data over long-lived distances, have respond presence utilised by data centers, side by side with CPU and semiconductor device memory components. This allows the rift of RAM from CPU by ocular interconnects. IBM has created an integrated circuit
Computingwith both electronic and optical information processing in one chip. This is denoted "CMOS-integrated nanophotonics" or (CINP). One benefit of optical intercommunicate is that motherboards which erstwhile required a certain kind of system on a chip SoC can now race erstwhile dedicated memory and web obsessed off the motherboards, spreading the obsessed out onto the rack. This allows standardization of plate armour intercommunicate and motherboards for treble types of SoCs, which allows more punctual grade of CPUs.47


text:
Between 2009 and 2013, Colorado offered free, IUDs and implants to 30,000 teens and women living below the poverty line. Four years later, teen pregnancies dropped by 40% as teen abortions declined by 42%. Results were similar for unmarried women under the age of 25 without high school diplomas. Now, other states are beginning to follow suit.
Increasingly, the GOP has become obsessed with controlling women's bodies. On the eve of the Republican National Convention in Cleveland, women fought back. One hundred women assembled early Sunday morning on July 17 across the river from the Quicken Loans Arena where the convention took place and bared it all in peaceful protest.


text:
It's tax season. As you gather receipts and look for credits and deductions on your 2013 return, the key to $500 in tax savings may be in your front door.
Clopay Smooth Fiberglass entry door with Cimarron decorative glass and sidelights.
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text:
Great Depression-era Thanksgiving recipes published in the Beaumont Journal. tinyurl.com/ltaj96s
Google Spotted Explicit Images Of A Child In A Man's Email And Tipped Off The Authorities. tinyurl.com/njtzzr4
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text:
Crusher Industry Needs To Save Cost - Chinaprice: contact company for price
mining machinery and equipment demand is also growing. Crusher equipment
prices continue to increase, making the development of crusher
enterprise is not stable, therefore, to make the development of crusher
enterprise lasting and stable, the key is to lower the cost of crushing
machine. How to reduce the cost of equipment? Experts in Shanghai
Oriental Heavy Machinery Co. Ltd., put forward the following suggestions
for everyone:
First, improve product quality, reduce equipment in the production process and customer service consumption. In the production process, improve the rate of qualified products, to avoid unnecessary waste. And through the improvement of product quality, prolong the service life of equipment, reduce the equipment problems in the application process.
Secondly, improve enterprise technology innovation ability. Innovation is the key to save the cost of. Enterprises want to make the equipment design more reasonable, more advanced technology, will be more efforts in technology research and development.
Finally, reduce cost of sales. Marketing is an important part of the production process. The key lies in through to increase sales efficiency, avoid unnecessary waste, and save the cost of equipment.
Company Contact:
- Posted By: Shanghai Joyal Mining Machinery Co., Ltd.
- Phone: 862168763311
- Address: No.458, Fushan Road, Shanghai, China., shanghai, China
- Email:
- Website: http://www.joyalcrusher.com
Published date: May 24, 2013 -
- Business Description: Shanghai Joyal Mining Machinery Co., Ltd is a high tech enterprise, which is specializing in the research, development, and manufacture of industrial stone crushing & screening equipments, grinding mills, mining equipments and so on. Our company has already formed a full set of modern production line, equipped with intelligent and standardized testing, controlling laboratories, and owned a professional team of R & D, production, sales and service.
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- Product Details
A fabulous gift for the guy who has it all, this Personalised He is... Dome Paperweight will help the man in your life keep his papers in order.
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Check in from 12:00 AM / Check out prior to 12:00 AM
Pousada Palos Verdes Camanducaia: Find photos, reviews, information, amenities and compare prices for 4 stars hotels in Monte Verde, Brazil.
Offering 4-star accommodation, Pousada Palos Verdes Camanducaia is conveniently located in Monte Verde. It features a swimming pool and an outdoor pool.
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Hotfrog NewZealand provides information regarding Alsop Joinery in Christchurch Canterbury. Alsop Joinery is located at 18 Alloy Street, Christchurch Canterbury 8042 and provides Manufacturing services. Contact them on 03-348 4666.
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In Stock
A development from the traditional game of Swinging Loop. Made from soft foam. Develops hand-eye co-ordination. Second hoop provides an extension to the original game. Once you have mastered catching the ball can you transfer it to the other hoop? Set of 2. Size: L37 cm Hoop diameter 11.5 cm.


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February 5, 1979;
William FLAM, Plaintiff,
Joseph CALIFANO, Secretary of Health, Education and Welfare, Defendant
Memorandum of Decision and Order
This is an action brought pursuant to section 205(g) of the Social Security Act, as amended, 42 U.S.C. § 405(g), and section 1631(c)(3) of the Act, 42 U.S.C. § 1383(c)(3), to review a final determination of the Secretary of Health, Education and Welfare, which denied plaintiff's application for a period of disability, disability insurance benefits, and supplemental security income benefits based on disability. Both parties have moved for judgment on the pleadings. The only issue before the court is whether the Secretary's decision was supported by substantial evidence. See Richardson v. Perales, 402 U.S. 389, 401, 91 S. Ct. 1420, 28 L. Ed. 2d 842 (1971). Because we find that the record has not been fully developed, and that pertinent information has been ignored or unexplored, we remand for further proceedings as set forth below.
Plaintiff filed a prior application for disability benefits on August 6, 1969, which was denied initially and on reconsideration. After a hearing De novo, the Administrative Law Judge on August 31, 1970 reversed the decision, and found plaintiff disabled from October 31, 1968 to March 31, 1970, but not thereafter.
Plaintiff filed the present application for disability benefits and SSI benefits on May 1, 1974. The applications were denied initially and on reconsideration. Plaintiff requested a hearing, which was held on March 19, 1976. The Administrative Law Judge, on April 23, 1976, determined that plaintiff was not under a disability. This determination became the final decision of the Secretary when it was approved by the Appeals Council on July 26, 1976. On October 27, 1977, the Appeals Council extended the time within which plaintiff could commence a civil action to review the Secretary's decision until July 8, 1978, the day on which this action was filed.
Plaintiff, is a 36 year old man who, in his applications, claimed a disability due to chronic low back problems and mental illness. In this action, the plaintiff emphasizes his alleged mental infirmity, alleging that the Administrative Law Judge erred in failing to consider properly evidence of that infirmity in making his determination.
According to the plaintiff's testimony, his history of mental illness began fifteen years ago, when he was placed in Kings Park State Hospital by his parents. Following his discharge, his behavior became marked by repeated incidents of exhibitionism, frequently resulting in arrest.
(Tr. 120, 124, 127). There are indications that he sought therapy at the Jamaica Center for Psychotherapy in 1964-1965, and that in 1966, after an arrest for contributing to the delinquency of a minor and molestation, the Municipal Court of Kansas City referred him to the Western Missouri Mental Health Center. There, a diagnosis of "sexual deviation, exhibitionism" was made. (Tr. 121). In 1968, plaintiff was once again arrested for molestation; upon his release from incarceration, he committed himself to the Veterans Administration Hospital in Topeka, Kansas. He stayed in that institution from July 14, 1969 until March 31, 1970. At the VA Hospital, he was diagnosed as a "Sexual Deviant (Exhibitionist)." (Tr. 136).
From August 11, 1972 until March 29, 1973, plaintiff was an outpatient at the Westside Health Center, Denver, Colorado, where he received group, individual and drug therapy. (Tr. 136). According to the medical records of that facility, plaintiff reached a stage of control where he went from "exposing himself every day to only now & then every 3 weeks or so." (Tr. 183). In 1973, while plaintiff was operating his own rug-cleaning business, he was arrested for exposing himself in his truck. In February of 1974, he began weekly sessions at the Maimonides Medical Center Community Mental Health Center. (Tr. 187). The last notations in his medical records from that institution, dated March 18, 1975, indicated that, following an arrest for exposure in October of 1974, he decided to leave New York. His prognosis was termed "very poor." (Tr. 187). At present, he is seeing a psychiatrist, who reported a diagnosis of "Sexual Deviation Exhibitionism," and stated the prognosis "must be guarded in general. Employment is most difficult due to his unstable condition. . . . " (Tr. 272).
Plaintiff is a high school graduate who has spent a year and a half each at two chiropractic schools, without attaining a degree, and one year at a nursing school. (Tr. 33). He has been unemployed since 1973, living on welfare payments of $ 244 per month. (Tr. 41). From 1958 until 1973, he worked at numerous jobs: operator of a plating machine; orderly in hospitals and a nursing home; counter work at a fast food restaurant; clothing store salesman; elevator operator; shoe salesman; postal worker; retail outlet store salesman; theater usher; nightclub bouncer and maitre d'; eyeglass fitter; gas station attendant; janitor; optician; bartender; box cutter and folder; mattress factory worker; carpet cleaner; security guard and waiter. (Tr. 41-62). He claims to have lost these jobs as a result of being arrested, or the discovery of his history of arrests and hospitalizations by his employers. This history also prevents him from obtaining employment. (Tr. 63-67).
The Administrative Law Judge stated that "although physical and mental defects may cause limitation of functional activity, it does not follow that it (sic) results in a complete limitation of industrial usefulness." He therefore held that the plaintiff had not sustained his burden of proving a disability:
The medical evidence reflects underlying physical and mental impairments which, singularly and in the aggregate, are wholly disproportionate to the overwhelming disability that this applicant has (claimed).
We do not find that this holding is supported by substantial evidence.
The critical question here is whether plaintiff has the ability to control his exhibitionism. If he does not, he is incapable of substantial gainful activity. As this court has stated, the test is whether the plaintiff can "as a practical matter compete for, secure, and sustain employment." Mapp v. Secretary of HEW, No. 78 C 2182 (E.D.N.Y. Oct. 27, 1978). See also Terio v. Weinberger, 410 F. Supp. 209 (W.D.N.Y.1976); Zambrana-Domenech v. Secretary of HEW, 370 F. Supp. 399 (D.P.R.1974). A man who exposes himself while on the job, as plaintiff did in the back of his own truck, cannot meet this test. The Administrative Law Judge's opinion, which solely considered plaintiff's "industrial usefulness" and "capacity to work," did not take this into consideration.
That the plaintiff's complaint is a personality disorder, as opposed to a physical impairment, should not bar his claim. Regulations promulgated by the Secretary originally provided that a personality disorder, standing alone, was not sufficient to sustain a finding of disability,
See 26 Fed.Reg. 5575 (1961). However, these provisions were amended in 1968. A finding of disability can now be based upon a personality disorder
manifested by marked restriction of daily activities and deterioration in personal habits and seriously impaired ability to relate to other people and persistence of one of the following:
G. Long-lasting, habitual and inappropriate patterns of behavior manifested by one of the following:
2. Antisocial or amoral behavior (including pathologic sexuality) manifested by: (a) inability to learn from experience and inability to conform with accepted social standards, leading to repeated conflicts with society or authority and (b) by psychopathology documented by mental status examination and the results of appropriate, standardized psychological tests . . . .
20 C.F.R. § 12.04 of the Appendix to Subpart P, page 351 (1978). 33 Fed.Reg. 11749 (1968). The change in the regulations is indicative of the change in society's attitude toward mental illness and personality disorders. As the medical sciences have advanced in their understanding of mental and emotional ailments, the potentially crippling effects of these disorders have been recognized:
It may be more difficult to comprehend mental disorders and their effects on an ability to work than it is to understand the effects of pure physical ailments. But this should in no way preclude a finding of disability based on mental conditions.
Rayborn v. Weinberger, 398 F. Supp. 1303, 1310 (N.D.Ind.1975).
The record is unclear, however, as to whether or not the plaintiff can control his problem. Suffice it to say, that while there is no substantial evidence that he Can control his disability, neither is there substantial evidence that he cannot; the matter simply was not adequately explored by the Administrative Law Judge.
The case is remanded to the Secretary for the purpose of more fully developing the record. The plaintiff is directed to submit to a physical and/or psychiatric examination as specified by the Secretary or the Administrative Law Judge, including, if so directed, as an in-patient. The plaintiff is to submit to this examination if so directed pursuant to 20 C.F.R. § 404.1527 (1978)
for such period as the institution requires to conduct a complete physical and mental examination.
When presented with results of these examinations, the Secretary is to consider plaintiff's application in light of the above-quoted regulation. The decision rendered should refer specifically to plaintiff's psychological impairment, and take into account the probable duration of the condition and the possibility of a cure.
Plaintiff's motion and defendant's cross-motion for judgment on the pleadings are denied. The case is remanded for proceedings not inconsistent with this opinion, and it is.
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Tuesday, February 28, 2017
Awarded By
Clay County Chamber of Commerce
Award Amount
One $2,000 scholarship and six $1,000 scholarships are offered by the Clay County Chamber Foundation. Additionally, one $1,000 scholarship will be offered by the Clay County Bar Association. All awards are offered annually and are non-renewable. Scholarship funds will be awarded in the recipient's name directly to the postsecondary school of his/her choice (upon enrollment verification).
There will be seven scholarships offered by the Clay County Chamber Foundation, and one scholarship offered by the Clay County Bar Association.
Deadline Info
The application deadline date has not yet been finalized for this year, but is expected to remain the same as last year. The deadline date shown here is tentative based on last year's date. Please che ... sign up for full scholarship deadline information.
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This collection of 40 songs follow the high frequency words included in the 2013 McMillan McGraw Hill Kindergarten Wonders Series, presented in the order dictated by the teacher's manual. Using the same, high quality songs and movies from our Sing & Spell Sight Word series, this custom word list have been rearranged to match the publisher's order to make supplemental learning so much easier! All the videos feature catchy songs, the words written out onscreen and fun movements choreographed to help with memorization, to help children easily memorize the spellings of the toughest high frequency words.
Please Note: Since there are often multiple versions coming from different publishers, we highly recommend that you cross check your own teachers manual to make sure that our word list matches yours. (We have found that the reading series not only vary from state to state, but can also change from one year to another.)
Word listing & Song order:
1. I word, 2. can, 3. the, 4. we, 5. see, 6. A word, 7. like, 8. to, 9. and, 10. go, 11. you, 12. do, 13. my, 14. are, 15. he, 16. with, 17. is, 18. little, 19. she, 20. was, 21. for, 22. have, 23. of, 24. they, 25. said, 26. want, 27. here, 28. me, 29. this, 30. what, 31. help, 32. too, 33. has, 34. play, 35. look, 36. where, 37. good, 38. who, 39. come, 40. does
The Importance of Sight Words
"Sight word" is the term that many teachers use to describe a word in written English that cannot be sounded out, and therefore must be memorized on sight. The reason that most sight words cannot be sounded out is because they do not follow the regular spelling and phonics patterns that are often taught to children when they are beginning to read.
For example, in the word, "the," the reader must first recognize that the "th" together forms one sound /th/, and the "e" makes neither the short or long /e/ sound, but a short /u/ sound. Likewise, the word, "said" may start and end phonetically, but the middle of the word has short /e/ sound spelled with two letters ("ai") that are not sounded at all.
In addition, when the children find the words or movements amusing, they are also more likely to remember that song/word, since it touched their emotional side as well. All of this adds up to a learning tool that can reach even special needs children in a regular classroom setting, while at the same time keeping the faster learners happy and challenged as well- because ALL kids learn best when learning is FUN and ACTIVE!
Check out Heidi's blog for more information on Sing & Spell 1:
-What is the best way to use "Sing and Spell"?
-Brand New: Hidden Sight Word Coloring Worksheets!
-What's Working! - Week 4
-Questions and Answers
-Wonders Collection Handmotions
All HeidiSongs materials are Copyrighted and are protected by Copyright Laws. HeidiSongs Copyright Policy: All HeidiSongs materials, CDs, DVDs, printable files or physical workbooks, are for use in ONE classroom. HeidiSongs allows you to print and/or copy as many pages as are needed for your use in your classroom. You may transfer a HeidiSongs printable file to another storage device for your own use. You may not give a copy of a file/materials/CD/DVD to a fellow teacher or lend the file/materials/CD/DVD to others for copying and use in other classrooms. You may transfer the music from a music CD to your own portable music player (iPod or MP3 player) for your own use.


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Medical Marijuana Petition Approved by Florida Supreme Court
via Shutterstock
The Florida Supreme has made a final approval on the 2016 version of United for Care's medical marijuana petition. This means that getting legalized medical weed on next November's ballot is nearly a done deal. Bottom line, the measure will be on the 2016 ballot, as long as United for Care gets the required valid signatures from supporters by February.
Back in July, United for Care shipped more than 100,000 petitions to Florida Supervisors of Elections offices for Supreme Court review. The petitions needed to be verified by Supervisor of Elections so that the Supreme Court could then schedule a review so the initiative can start to make its way to the ballot.
The Supreme Court had scheduled oral arguments over the group's proposed constitutional amendment to legalize medical marijuana for earlier this month, but eventually canceled those proceedings after Attorney General Pam Bondi announced that her office would not be challenging the measure. Even still, the Court needed to approve the ballot's wording before the measure could proceed, and now it has, as United for Care puts it, "put it's stamp of approval" on the petition.
"The unanimous decision by the Florida Supreme Court to approve the new medical marijuana constitutional amendment is a huge victory for hundreds of thousands of sick and suffering Floridians who could benefit from the passage of such a law," United for Care campaign manager Ben Pollara tells New Times via email. "While we still must collect the required number of petitions before officially being placed on the 2016 ballot, we are confident that we will and that Florida voters will approve this amendment in the general election."
Back in July, United for Care shipped 100,000 petitions to Florida Supervisors of Elections offices
Courtesy of United for Care
In 2014, the Florida Supreme Court voted 4-3 for United for Care to get the medical marijuana initiative on the ballot. But during the November elections of that year, the initiative fell two percentage points short of passing. This time around, United for Care is looking to get back on the ballot as "Amendment 1," which Floridians will be able to vote for in November 2016.
"We feel strongly that well over the required 60 percent of Floridians will vote 'yes' for a comprehensive and compassionate medical marijuana law," Pollara says.
United for Care, which has been powered by a grassroots operation and funded mostly by Orlando-based attorney John Morgan — who put in $2.8 million of his own money to help the cause — has been calling on medical marijuana advocates to sign the petition and spread the word.
Back in May, Morgan raised the stakes and promised to match every dollar donated to United for Care to get the medical marijuana initiative back on the ballot in 2016. In June, Morgan came through with that promise and wrote the group a $150,000 check.
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"This is a huge victory for Florida," Morgan said in a statement Thursday. "We will win next November. Compassion is coming!"
What this means now is that United for Care must secure 683,149 validated petitions. As of this report, the group has collected over 400,000 validated petitions. The deadline is February 1.
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United States District Court, District Circuit
July 21, 2013
DANIEL ERIC COBBLE, Plaintiff,v.WILLIAM K. SUTER, et al., Defendants.
Plaintiff brings this action against the Clerk of the Supreme Court of the United States, among others, alleging that the defendants have obstructed and otherwise have interfered with his efforts to file a petition for a writ of certiorari.
The Clerk of the Supreme Court is the designated recipient of all documents filed with the Supreme Court, and is authorized to reject any filing that does not comply with the applicable rules and orders. See Sup. Ct. R. 1. This Court has no authority to determine what action, if any, must be taken by the Supreme Court and its administrative officers. See In re Marin, 956 F.2d 339, 340 (D.C. Cir.), cert, denied, 506 U.S. 844 (1992). Furthermore, insofar as the plaintiff demands compensatory damages, the defendants are absolutely immune from suit. The absolute judicial immunity afforded to judges, see Sindram v. Suda, 986 F.2d 1459, 1460 (D.C. Cir. 1993) ("Judges enjoy absolute judicial immunity from suits for money damages for all actions taken in the judge's judicial capacity, unless these actions are taken in the complete absence of all jurisdiction."), extends to court clerks performing "tasks that are an integral part of the judicial process." Id. at 1460-61.
The Court will grant the plaintiffs application to proceed in forma pauperis and will dismiss the complaint for failure to state a claim upon which relief can be granted. See 28 U.S.C. §§ 1915(e)(2)(B)(ii), 1915A(b)(l). An Order consistent with this Memorandum Opinion is issued separately.
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Category:John Scott (painter)
From Wikimedia Commons, the free media repository
English: John Scott (1802–1885) was an British marine and landscape painter who lived at South Shields. He served as a seaman until around 1834 when he became an artist taking lessons from John Wilson Carmichael, and like his master painted predominantly marine subjects.[1]
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Administrative Services
Human Resources
Human Resources
About Us
Our city currently employs approximately 80 full-time and 75 part-time staff members. The human resource division is committed to hiring, compensating, and developing the city's workforce. We are responsible for recruitment, orientation, compensation, benefits, class specifications, development, and training of employees.
Our Goal
Our goal is to provide strategic leadership by providing a high quality consultative service that identifies appropriate HR strategies and opportunities. Among our responsibilities, we seek to provide a framework to guide the application of all aspects of human resource practices to support organizational effectiveness for the city.
In order to achieve this effectiveness, we recognize the importance of providing a workplace where employee actions are directly aligned with organizational goals. Employees experience a supportive, respectful environment that offers challenging, interesting work. The efforts of our employees and their contributions to public service are appreciated, recognized and fairly rewarded.
Mission Statement
Our mission is to help in recruiting, developing, and retaining a highly skilled workforce through fair and equitable compensation and benefits. By developing and maintaining our staff through training and team-building activities, the city can continue to strive to provide excellent service to the residents of the City of Parkland.
Job Hotline
Please call the job hotline at (954) 757-4169 for additional information about your online application.
The City of Parkland is an Equal Opportunity Employer / Americans with Disabilities Act (ADA) Employer / Drug-free workplace / M / F / D / V.
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NASA is an Investment in the Future
Posted by Emily Lakdawalla
Topics: Planetary Society Political Advocacy
The Planetary Society continues our strong political advocacy for space science and exploration. The following is an excerpt from a letter we sent on Thursday, January 12, 2012 to Jacob Lew of the Office of Management and Budget and the President's Chief of Staff.
The complete letter can be downloaded here.
"We strongly urge the Administration to rebalance NASA's portfolio and re-baseline the funding for programs in the Science Mission Directorate -- Astrophysics, Earth Science, Heliophysics, and Planetary Science. A small increase to 30% of NASA's overall budget would support the outstanding missions being completed and planned."
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6 Ways to look younger1,537 views
A multi-billion dollar industry is flourishing worldwide only to make you look younger and pretty. You also spend thousands on creams, serums and non-surgical treatments that assert to transform you. But there is still no guarantee that you will look younger. Here are some simple makeup tips that can help in making you look younger. These are here
Groom your eyebrows
Well-groomed eyebrows that shape your face flawlessly can really make you look younger. The initial step is to thread or tweeze the additional hair from below your brow to have a smooth and fresh gaze. Avoid over-plucking, as thin brows can insert years to your face. The next step is to employ a brow set to fill in gaps and provide a smooth curve. Employ a brow mascara to provide your eyebrows little clarity.
Open up your eyes
always try to employ a few eye shadow on the internal corner of your eyelids, light brown in the middle and dark brown on the outer corner. Mix together systematically. Get brown or black eye shadow and use on the outer corner of your eyelids. Apply some of the similar shade on the lower lid, near to the waterline. Apply a radiant fawn eye pencil on the outside to make it gaze bigger. Get a white eye pencil and make a 'comma' on the inner corner. Now lastly, apply an enlargement and volatizing mascara. Emphasize your cheek.
Plump up your lips
with the growing age the lips thin out and drop their juvenile fullness. To overcome that, employ a bare lip pencil and cautiously sketch a line outside your natural lip line. Use a lip plumper serum and a moisturizing lipstick in glowing pinks or naked. Apply a few shine in the middle of your lips to have a naturally plump gaze.
Use concealer wisely
Apply a few concealer below your eye in a 'V' shape or an reversed triangle as like the foundation is united with the lower eyelid. On dark blue under eye circles, you require to use an orange concealer to conceal that tendency and provide you a lucid skin tone. Merge it properly is of supreme significance.
Create a high cheekbone
Envisage a line from the apex of your ear to the curve of your lips. Then employ a blush under that line to put some hue to your cheeks and provide it a pleasant cut. Use a few highlighters on the apple of your cheeks.
For a taut jaw line


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Zanu-PF has started strategising for the 2018 harmonised elections and this week launched the first meeting of the Political Mobilisation Sub-Committee tasked with knitting strategies for the polls. This comes as the revolutionary party has also begun to revamp its administrative systems to enhance viability, vibrancy and best practices.
Secretary for Administration Cde Ignatius Chombo is spearheading the exercise and is moving around provinces holding workshops with provincial secretaries for administration and chairpersons.
He was in Mashonaland East on Thursday and next week will be in Manicaland before heading to Mashonaland Central.
"Sound administration will help us to institute efficiency early, warning systems, correctly project election patterns and results and in addition to mount an effective campaign and mobilisation strategy," said Cde Chombo to party members in Marondera.
Cde Chombo said the ultimate purpose of the strategies was for Zanu-PF to win elections and govern forever. "These elections are now just 24 months away," he said.
"So whatever we do, let us be vigilant about the MDCs, People First, other political parties and NGOs. We must win the 2018 elections so that we continue to govern the country and create employment for our members."
Cde Chombo said the welfare of party employees such as accommodation, medical aid and funeral assistance would be tackled during the visits.
"We are also interrogating the possibility of moving the medical aid contributions to another insurer," he said.
"The Employee Committee at party headquarters has been mandated with engaging the Minister of Local Government and all local authorities with the view of securing housing stands for party employees in the areas they reside or work."
Cde Chombo said the departments of administration, commissariat and finance were seized with the issue of new electronic party cards members paid for. herald


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Rental Car Firms Boost Rates $5 A Day
Taking its cue from Hertz Corp., Alamo Rent A Car announced Wednesday it will also raise prices on all vehicle rentals by $5 a day in the United States.
The move by the Ft. Lauderdale, Fla.-based agency comes one day after Hertz, the world's largest rental car company, said it would raise its rates.
Dollar-Rent-A-Car and Avis both said they were studying the move and expect to follow suit.


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How many miles? 197 Miles / 317 Km
How many times? 3 hours 19 mins
Distance from Washington, DC to Uniontown, PA is 197Miles or 317 Km. You can get this distance about 3 hours 19 mins. If you want to planning travel with plane for 159 Miles or 256 Km, You can get this distance about 50 mins .
A car with an average MPG will needs 9.12 gallons of gas to get the route between these points.
The estimated cost of gas to get between Washington, DC and Uniontown, PA is $20.7.
During the route, an average car will release 178.68 pounds of CO2 to the atmosphere. Your carbon footprint is 0.91 pounds of CO2 per mile.
* Average US MPG used for calculations is 21.6 MPG.
* Average US gas price used for calculation is 2.27 per gallon.
* Coordinates of Washington, DC is 38.9071923, -77.0368707 and coordinates of Uniontown, PA is 39.900076, -79.7164326
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