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HPRC Blog
Welcome to the HPRC Blog. We've got lots of information here, from quick tips to in-depth posts about detailed human performance optimization topics.
HPRC Fitness Arena: Mind Tactics
There is a structured technique to setting goals called "SMART." It stands for "Specific, Measurable, Action-oriented, Relevant, and Time-sensitive." Using the SMART technique can help you to jump in to a goal now, fuel your motivation, and help you follow through. Check out HPRC's Answer "Set SMART goals" to learn how you can put this method to work for you.
The "relaxation response" is your body's counterpart to the stress response you feel during critical situations. As the name suggests, the relaxation response has a calming effect on your mental and physical state, with benefits that include less anxiety, a more positive mood, a sense of calmness and well-being, and reduced heart rate, breathing and metabolic rates, blood pressure, and muscle tension.
Sound good? You can learn how to use your body's relaxation response for health and well-being. Various mind-body techniques such as deep-breathing exercises, guided imagery, meditation, progressive muscle relaxation, yoga, tai-chi, and qigong all train you to turn this response on. Practicing these mind-body techniques has been found to help with anxiety and depression, as well as physical conditions such as hypertension, cardiovascular disease, and types of cancer that are exacerbated by stress.
To learn more about mind-body techniques, check out HPRC's Mind-Body Skills section.
If you're a smoker, you're probably aware of the products that advertise helping you cut back. One alternative that manufacturers claim is a safe alternative is electronic cigarettes, commonly known as "e-cigarettes." Their purported safety is largely based on the fact that you're inhaling tobacco vapor rather than smoke. But are those claims of safety accurate? FDA states that e-cigarettes have not been fully studied, and it is unknown whether they are safe and what their effects are. There is no way for users to know how much nicotine and other harmful chemicals they might be inhaling. According to an article from Quit Tobacco, Make Everyone Proud there are more reasons to think twice
- The long-term impact of using e-cigarettes is still unknown.
- E-cigarettes are not standardized or regulated. Not only are levels of nicotine and other ingredients unknown, but other hazards such as liquid nicotine leaks or battery malfunctions have occurred.
- There also is concern over e-cigarettes appealing to children because many have sweet flavors.
Visit Quit Tobacco-Make Everyone Proud's Research About E-cigarettes page for more information on the science behind e-cigarette safety.
Pain is a sensation of both the body and the mind—and it's within your power to use strategies such as meditation to control the mental aspect to decrease the physical sensation of pain. Meditation can teach you to have a focused, calm mind, and rhythmic breathing. It may sound easy, but it requires practice. The payoffs can be improved well-being, reduced pain, and relaxation. Want to know more? Check out HPRC's new Pain Management section, where you can find strategies such as meditation that you can use on your own or with the help of a healthcare provider.
Two techniques continue to be found to be effective no matter the age of the learner:
- Spread out your learning. When you need to learn something new, don't cram it in right before you need it. Instead, distribute it over time in order to learn the most—and it'll help you remember more of what you learn as time passes. So start ahead of time and diligently work towards your deadline. Then when you need the information, you may be able to remember it.
- Be put to the test! Testing allows you to evaluate your knowledge on a subject. Practice tests help you sharpen your skills through direct questioning or applying knowledge or skills in a similar task. So don't be afraid to put yourself to the test: Use practice tests, flashcards, and/or practice problems to help yourself learn as much as you can and retain what you learn.
Some beloved techniques, such as highlighting and summarizing, may not be as effective as widely thought. Although this research focused on academic learning environments, the same information may be able to benefit military personnel as they learn new topics and skills throughout their career.
There is no one method that is the best for everyone and every task. In fact, combinations of learning methods have yet to be studied. Ultimately, you should judge these techniques according to your specific learning goals and determine what works best for you.

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Save with this 3D Printing tool kit included Utility Knife, 3D Printer Platform Grip, Steel Nozzle Brush, and Stainless Steel Ruler (in/mm).
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How many miles? 85 Miles / 136 Km
How many times? 1 hour 33 mins
Distance from Asheville, NC to Bristol, TN is 85Miles or 136 Km. You can get this distance about 1 hour 33 mins. If you want to planning travel with plane for 73 Miles or 117 Km, You can get this distance about 39 mins .
A car with an average MPG will needs 3.94 gallons of gas to get the route between these points.
The estimated cost of gas to get between Asheville, NC and Bristol, TN is $8.94.
During the route, an average car will release 77.19 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 Asheville, NC is 35.594981, -82.5514626 and coordinates of Bristol, TN is 36.5951377, -82.1887429
All Rights Reserved. © 2010 - 2016 Feedback


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Pink ribbon paraphernalia saturate shopping malls, billboards, magazines, television, and other venues, all in the name of breast cancer awareness. In this compelling and provocative work, Gayle Sulik shows that though this qpink ribbon cultureq has brought breast cancer advocacy much attention, it has not had the desired effect of improving women's health. It may, in fact, have done the opposite. Based on eight years of research, analysis of advertisements and breast cancer awareness campaigns, and hundreds of interviews with those affected by the disease, Pink Ribbon Blues highlights the hidden costs of the pink ribbon as an industry, one in which breast cancer has become merely a brand name with a pink logo. Indeed, while survivors and supporters walk, run, and purchase ribbons for a cure, cancer rates rise, the cancer industry thrives, corporations claim responsible citizenship while profiting from the disease, and breast cancer is stigmatized anew for those who reject the pink ribbon model. But Sulik also outlines alternative organizations that make a real difference, highlights what they do differently, and presents a new agenda for the future.... cancers and, 259 a2007 Ford Warriors in Pink Campaign, a 132 2009 Ford Mustang with Warriors in PinkTM package, ... 139 , 363 U.S. Department of Health and Human Services, 196 virtual community, 4 , 113 Visco, Fran (National Breastanbsp;...
|Pink Ribbon Blues: How Breast Cancer Culture Undermines Women's Health
|Gayle A. Sulik
|Oxford University Press - 2010-09-30


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Official citation and/or docket number and footnotes (if any) for this case available with purchase.
Learn more about what you receive with purchase of this case.
February 29, 1996
THE PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLEE,v.CLAYTON R. GOESTENKORS, DEFENDANT-APPELLANT.
Appeal from the Circuit Court of Clinton County. No. 94-TR-1640. Honorable Harold H. Pennock, III, Judge, presiding.
Rule 23 Order Redesignated Opinion and Ordered Published February 29, 1996.
The Honorable Justice Welch delivered the opinion of the court: Hopkins, P.j., and Goldenhersh, J., concur.
This cause has been considered on the State's motion to publish; and the court being advised in the premises:
IT IS THEREFORE ORDERED that the State's motion to publish shall be, and the same hereby is, GRANTED.
The Honorable Justice WELCH delivered the opinion of the court:
Defendant, Clayton R. Goestenkors, appeals from the denial of his petition to rescind the statutory summary suspension of his driving privileges. (625 ILCS 5/2-118.1, 11-501(c) (West 1992).) Defendant challenges the validity of the initial stop of his motorcycle, argues that the officer lacked probable cause to believe he was under the influence of alcohol, and asserts that the court erred in allowing the State to question defendant and a witness about defendant's consumption of alcohol prior to his arrest. We affirm.
On August 4, 1994, at about 10:30 p.m., defendant and a companion were riding their motorcycles northbound on Illinois Route 160 between New Baden and Trenton in Clinton County. Just north of New Baden, adjacent to the New Baden Auto Parts store, one of the riders came two to three feet across the center line into the southbound lane, about two or three vehicle lengths in front of the southbound patrol unit of New Baden police department patrolman Jim E. Arrington. Officer Arrington turned around, entered the northbound lane, and made a request for assistance from the Trenton police department. He pursued the northbound motorcycles, which were now out of sight, with the intention of at least issuing a warning for careless driving. He established visual contact with the motorcycles after about three miles of travel, turned on his Mars lights when he was a considerable distance from Trenton, and saw what later proved to be defendant's cycle cross the center line, just south of the railroad tracks on Route 160 in Trenton. The cyclists stopped and Officer Arrington requested defendant's license and registration.
Defendant was slow to comply with the requests. His breath had the strong odor of an alcoholic beverage, he moved slowly, his speech was mumbled and slurred, and his eyes were red and glassy. The officer observed that defendant's jeans were wet from the knees down, and defendant complained of being cold and wet. Defendant was unable to recite the alphabet in order. He stopped at "v" and began over again, then confused the letters and ran them together, and finally just stopped reciting. He failed the one-leg-stand test because he swayed as he attempted to balance, put his foot down more than three times, raised his arms from his side, and stopped at seven seconds, rather than 20, as he was instructed. He refused to do the walk-and-turn test because he did not think he could do it, and he admitted that he had been drinking. He refused to take a breathalyzer test, prompting the suspension of his privilege to drive.
Elmer Strunk, a Trenton police officer, testified that he came to assist Officer Arrington after the cyclists were stopped. He recalled that the weather was clear and warm, rather than cold and rainy. The traffic citations for driving under the influence (DUI) indicate that the roadway was wet but that the weather was clear at the time of defendant's arrest. When he walked by defendant at the Trenton police station, Officer Strunk detected a moderate odor of an alcoholic beverage about him from a distance of three or four feet.
Defendant's companion testified that he never saw defendant cross the center line, but he admitted that defendant was riding behind him at times, and thus he did not observe all of his riding on the night in question. He conceded, over defense counsel's objection to the questioning about alcohol consumption, that they had three beers that night, but he asserted that defendant was not under the influence of alcohol.
Defendant claimed that he was not drunk and that he was not aware of any time that he crossed the center line, but he admitted on cross-examination that he might have inadvertently done so and that he had been drinking beer that evening. He also maintained that he was asked to recite the alphabet only once, recited the alphabet properly up to the letter "v", and then slurred the remaining letters because he was cold. Defendant was unsure if he put his arms out during the one-leg-stand test, and he asserted that he refused to do the walk-and-turn test because he was too cold.
The court found that the evidence was sufficient to support the conclusion that Officer Arrington had an articulable suspicion that a crime was being committed which was sufficient to pull defendant over, that he had probable cause to believe that defendant was driving under the influence of alcohol and to arrest him, and that the summary suspension should not be rescinded. Defendant filed a motion to reconsider which alleged that the arresting officer lacked an articulable suspicion sufficient to justify an investigatory stop, that probable cause to arrest defendant for driving under the influence was lacking, and that the trial court erred when it allowed the State to elicit testimony from defendant about his alcohol consumption prior to the stop. On November 16, 1994, the defendant's motion to reconsider was denied, and defendant entered a plea of guilty to improper lane usage in exchange for the dismissal of the DUI charge against him. The charge to which he pleaded guilty was based on his act of driving over the center line into the oncoming traffic lane on Route 160 at the location of the New Baden Auto Parts store on August 4, 1994.
Defendant appeals the denial of his petition to rescind, alleging that Arrington did not have the requisite articulable suspicion to stop him and lacked probable cause to arrest him, and that the court erred when it allowed the State to question him about his prestop drinking. The State contends that defendant's guilty plea to improper lane usage is a judicial admission which estops him from asserting on appeal that the stop was without basis when the basis for the stop was his act of driving in the wrong lane. We agree.
Defendant's plea of guilty to improper lane usage stands in diametric opposition to his assertion on appeal that the arresting officer lacked an articulable suspicion sufficient to warrant a traffic stop. The doctrine of judicial estoppel prevents a party from assuming a position in a legal proceeding inconsistent with one previously asserted. ( People v. Gayfield (1994), 261 Ill. App. 3d 379, 385, 633 N.E.2d 919, 924, 199 Ill. Dec. 123.) Once having affirmed under oath that a particular statement of facts exists, a party may not later take an inconsistent position in a separate judicial proceeding and assert that the contrary is true. The law will not tolerate a party in a legal proceeding swearing under oath to the untruth of some matter and then swearing under oath to the truth of that same matter. ( Finley v. Kesling (1982), 105 Ill. App. 3d 1, 9, 433 N.E.2d 1112, 1119, 60 Ill. Dec. 874.) In the past, courts have found that a plea of guilty to driving under the influence will effectively preclude a defendant from contending in a subsequent implied-consent proceeding that the arresting officer lacked probable cause to arrest him. See People v. Lazzara (1986), 145 Ill. App. 3d 677, 681, 495 N.E.2d 1144, 1146-47, 99 Ill. Dec. 409; People v. Powell (1982), 107 Ill. App. 3d 418, 419-20, 437 N.E.2d 1258, 1260, 63 Ill. Dec. 336.
The scenario presented in People v. Hood (1994), 265 Ill. App. 3d 232, 240-41, 638 N.E.2d 264, 270-71, 202 Ill. Dec. 618, is remarkably similar to the case at bar. Hood was stopped for speeding on his motorcycle, exhibited indicia of intoxication, and refused to submit to a breathalyzer test, and his license to drive was suspended. His petition to rescind the suspension was denied, he pleaded guilty to reckless driving, and he appealed the denial of his petition to rescind. On appeal, the court found that it could not resolve the issue of whether the guilty plea to reckless driving estopped defendant from asserting on appeal that the officer lacked reasonable suspicion of criminal activity to justify the stop of his motorcycle, because the record had not been supplemented to include his plea of guilty to reckless driving in the criminal proceeding. Under those circumstances, it declined to hold that such a plea estopped him from pursuing an appeal of the issues resolved in the proceeding to rescind the summary suspension, and the court went on to discuss the merits of the case. ( Hood, 265 Ill. App. 3d at 241, 638 N.E.2d at 271.) The Hood court noted that "usually the issue of estoppel is raised where the criminal proceedings are held prior to the hearing on the petition to rescind the summary suspension" (emphasis in original) and noted that the question of whether a subsequent plea of guilty in criminal proceedings estops a defendant from appealing the decision of the court in an earlier implied-consent proceeding is a case of first impression. ( Hood, 265 Ill. App. 3d at 240, 638 N.E.2d at 270-71.) We believe that defendant's plea of guilty to improper lane usage on November 16, 1994, prior to filing his December 15, 1994, notice of appeal from the denial of his motion to reconsider the denial of his petition to rescind, constitutes a judicial admission which precludes him from contesting the initial traffic stop.
In the instant case, unlike Hood, the State moved this court to take judicial notice of defendant's signed plea of guilty to improper lane usage and its underlying ticket, and we have granted the motion. The traffic citation, number 94-TR-1641, describes the location of defendant's improper lane usage as "Rt # 160 n/b at 'New Baden Auto Parts' (Route 160 northbound at New Baden Auto Parts)." We find that the plea of guilty is a judicial admission of the truth of the act as charged, and that having entered his plea, defendant is estopped from reverting to his preplea assertion that he did not cross the center line on Route 160 between New Baden and Trenton.
Even if we did not hold that defendant was estopped by the judicial admission entailed in his guilty plea, he would not prevail. A valid traffic stop may be made where the officer can articulate specific facts from which, when taken with the rational inferences therefrom, reasonably warrant the stop of the defendant's vehicle. ( People v. Rotkvich (1993), 256 Ill. App. 3d 124, 129, 628 N.E.2d 888, 892, 195 Ill. Dec. 424.) Erratic driving, such as crossing the center line, is sufficient to justify an investigatory stop. ( People v. Wolff (1989), 182 Ill. App. 3d 583, 586, 538 N.E.2d 610, 612, 131 Ill. Dec. 235.) Defendant and his companion both testified that they did not believe that defendant crossed the center line, in contradiction to testimony by the arresting officer. Although the officer did not positively identify defendant as the driver of the motorcycle which crossed two or three feet into his lane about two or three car lengths in front of him on Route 160 just north of New Baden, he was positive that it was defendant who crossed the center line in Trenton, just south of the train tracks. Officer Arrington testified that he stopped defendant in Trenton because of that infraction, but he did not issue a citation to defendant for improper lane usage relating to the improper lane use at the tracks. The fact that he did not do so is not relevant to whether he had reasonable suspicion to make the stop which resulted in defendant's arrest for DUI. An officer need not charge a minor violation when, after a stop, he discovers a serious one. Hood, 265 Ill. App. 3d at 242, 638 N.E.2d at 272.
The trial court had the opportunity to assess the credibility of the witnesses at the rescission hearing and implicitly found the testimony of the arresting officer to be more credible, when it determined that defendant failed to prove by a preponderance of the evidence that the officer lacked reasonable suspicion to make the initial traffic stop. Given that the trial court is in a far superior position to assess the credibility of witnesses and weigh the evidence than is a reviewing court, we cannot find the trial court's decision to be manifestly erroneous. People v. Collins (1985), 106 Ill. 2d 237, 261-62, 478 N.E.2d 267, 277, 87 Ill. Dec. 910.
Defendant also claims that the trial court erred in finding that the arresting officer had probable cause to believe that he was driving under the influence of alcohol, because he testified that he had no difficulty complying with the officer's requests for his driver's license and proof of insurance, successfully completed two field sobriety tests, and had a legitimate reason, his wet, chilled condition, for refusing to attempt the walk-and-turn test.
The burden of proof in rescission hearings is on the petitioner, and the circuit court's determination of whether the petitioner met that burden of proof by a preponderance of the evidence will not be reversed unless it is manifestly erroneous. ( People v. Easterly (1994), 264 Ill. App. 3d 233, 234, 636 N.E.2d 1182, 1183, 201 Ill. Dec. 750.) A prima facie case for rescission may be established by presenting credible testimony by the motorist that he was not in fact under the influence of alcohol. ( People v. Kuntz (1993), 239 Ill. App. 3d 587, 591, 607 N.E.2d 313, 316, 180 Ill. Dec. 419.) The court must, however, determine that the testimony is actually credible. ( People v. Graney (1992), 234 Ill. App. 3d 497, 504, 599 N.E.2d 574, 580, 174 Ill. Dec. 790.) Even if the court did determine that the defendant's testimony was sufficient to establish a prima facie case for rescission, it is implicit in the court's denial of his petition that it found the arresting officer's testimony about the indicia of intoxication demonstrated by defendant to be more credible than that of the defendant and sufficient to rebut defendant's case.
Officer Arrington testified that defendant smelled strongly of the odor of an alcoholic beverage, mumbled and slurred his words, had red, glassy eyes, had difficulty producing documents when asked to do so, and failed two field sobriety tests before refusing to even try a third because he was cold and wet. Moreover, defendant told the officer that he "only had a few beers, but he was fine." Officer Strunk testified that the odor of an alcoholic beverage on defendant's breath was detectable from a distance of three or four feet. These symptoms have repeatedly been held to be indicia of intoxication adequate to support an arrest for driving under the influence of alcohol. (E.g., People v. Crocker (1994), 267 Ill. App. 3d 343, 346, 641 N.E.2d 1237, 1238-39, 204 Ill. Dec. 618 (slurred speech, strong odor of alcohol, failed two field sobriety tests); People v. Wiebler (1994), 266 Ill. App. 3d 336, 340, 640 N.E.2d 24, 25-26, 203 Ill. Dec. 597 (flushed face, bloodshot eyes, slurred speech, slight swaying, very strong odor of an alcoholic beverage).) The trial court properly concluded that the State's evidence was sufficient to establish probable cause for defendant's arrest.
Defendant last contends that the trial court erred when it permitted the State to elicit testimony from the defendant, over counsel's objections, about his consumption of alcohol prior to his arrest. He does not contend on appeal, as he did below, that the question was outside the scope of his direct examination, but he asserts it was not relevant to the issues raised in his petition to rescind. He also maintains that the fact that defendant had been drinking prior to the stop was outside the knowledge of the officer at the time of the stop and thus should not been considered by the court when determining the issues raised in the rescission hearing. Defendant seeks a remand for a hearing on his petition without the introduction of such evidence.
The State argues that the questions were proper because the testimony about defendant's alcohol consumption prior to the stop was used only to evaluate conflicting testimony about whether defendant had alcohol on his breath.
Counsel objected to the inquiry because it was outside the scope of his direct examination of defendant, as he had in objecting to the same questioning on cross-examination of defendant's companion. The State argued in regard to the objection about cross-examination of defendant's companion that the question was a proper exploration of the companion's ability to observe at the time of the arrest and to assess the witness's credibility. Counsel then objected to cross-examination of the witness because he believed that the questions were unrelated to what the officer observed at the time of the arrest. The court overruled the objection to the cross-examination of the witness, stating that the activity of the men prior to the stop had an impact on what occurred later. The court overruled, without explanation, the objection to the cross-examination of defendant.
The supreme court has held that the latitude to be allowed in the cross-examination of the witnesses rests largely in the discretion of the trial court, and it is only in a case of a clear abuse of such discretion, resulting in manifest prejudice to the defendant, that a reviewing court will interfere. ( People v. Peeples (1993), 155 Ill. 2d 422, 492, 616 N.E.2d 294, 327, 186 Ill. Dec. 341.) On direct examination, counsel asked defendant's companion if he noticed any odor of alcoholic beverage about defendant as he stood next to him, and the witness made a negative reply. The State's question on cross-examination about the men's alcohol consumption was a legitimate response to this question, given that the officer smelled a strong odor of an alcoholic beverage on defendant and had noted this on the officer's sworn report. It was therefore not an impermissible inquiry, and the court properly overruled counsel's objection. The court's reference to the defendant's admission that he had drunk beer prior to his arrest was in the context of substantiation for the officers' detection of the odor of an alcoholic beverage on his breath, as opposed to justification for the initial stop.
We note that counsel did not object to Officer Arrington's repetition of defendant's assertion at the time he failed the field sobriety tests to the effect that he "only had a few beers, but he was fine," did not include it as an alleged error in his motion for reconsideration, and does not challenge the repetition of the statement on appeal. The information about defendant's alcohol consumption was before the court in an unobjected-to context, and we cannot find that the State's questions on cross-examination were ones which resulted in manifest prejudice to the defendant or unduly influenced the court.
The denial of defendant's petition seeking rescission of the statutory summary suspension of his license to drive is affirmed.
HOPKINS, P.J., and GOLDENHERSH, J., concur.
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So after five weeks of fighting, stitching, more fighting, sewing and even more fighting it's time to bid farewell to Thelma Madine and her nine remaining traveller trainees however I don't know how fond this goodbye will be. Just to draw out the process of Thelma picking the girls she wanted to take on as full-time employees, claiming she could only afford to employ two, we were treated to an extended edition of the show which surely would've been full of showing us the technical skills that these girls have learnt in the past six months. But no instead the extra minutes were spent seeing Thelma have dinner with her family, sewing tutor Paula taking the girls to a museum in Manchester and most of the girls fall out with at least one of the taxi drivers that takes them to the factory.
Anyway first off was Thelma's final challenge to the girls which was to design and create a brand new outfit for themselves which they would then wear and model at a final fashion show. Thelma was disgusted that the initial designs the girls produced didn't demonstrate the progress they'd made over the process so she instructed for them to be taken out by sewing tutors Paula and Selina to the Manchester Gallery of Costumes. As we were told this was the first time that any of these girls had been in a museum, and if you were ever to play a drinking game around this show I would suggest taking a shot every time narrator James Thornton tells you it's the first time these girls have done something, so this meant that they spent their time slagging off the clothes or saying it was like being in a second hand shop. There was also the weekly instalment of Paula saying something rude, in this episode she said 'willy', and all the girls going off saying that it was inappropriate I felt this got old the first time it happened but for some reason the producers couldn't get enough of it.
As the majority of the girls have had some sort of spotlight shone on them it was time for us to properly meet Roseanne who was the traveller singled out by tutor Sarah for having the skills of a reception child. As we learnt that Roseanne was actually one of the most accomplished sewers we got to see her home life but also discover that she wasn't the best timekeeper with Thelma actually having to drag her out of bed in order for her to come to work. Though there were some heart-warming scenes when Sarah revealed that all of the girls had improved with their reading and maths skills with Roseanne in particular coming along vastly so much so that Thelma rewarded her with a watch for be able to tell the time. Praise was short-lived for Roseanne as she missed work again the day before the fashion show which gave Thelma serious doubts over whether to employ her. Now onto those aforementioned taxi driver arguments, which can only be described as filler, which kicked off when Grace saw that Rob the cabbie had been moaning about 'bloody pikeys' on Facebook leading to a confrontation between the pair. Rob did apologise when he realised the offence he had caused but that then didn't stop Lily-Ann from getting in the face of the other driver Pam who only enquired if the word 'pikey' was racist. To me these two incidents really didn't need to be in this episode as they served no purpose other than to extend it more than it needed to be. This is also true of a comedy segment in which Thelma planned a role-reversal activity where her employees would become the travellers and vice versa which led to a lot of shouting but not a lot else.
Thelma then got to sit down to dinner with her family, again James let us know that this was the 'first time' she'd done this in six months, where she and her daughter compared notes on who should get the jobs by this point they seemed to have whittled it down to three names – Kathleen, Roseanne and Victoria. Tragedy then struck when Victoria said she and her family were off on the road again, because as Thelma informed us travellers do travel, which meant that she couldn't get her guaranteed job. This worried Thelma so much that she went round to the abodes of the rest of the girls but was given the general consensus that they'd all be sticking around if their daughters did get the jobs. Another pointless segment, this time an interview session, reminded me that another girl – Sam had really not featured on screen perhaps because she got on with her work and caused zero friction in the workplace. Anyway we'll fast forward to the fashion show which saw all of the final eight girls, including Roseanne, demonstrate their very similar outfits before Thelma gave her final decision. She said that in the end she'd decided to give one permanent position to a girl then have two other girls come on for an extra three months to battle for the second job so she'd already lied once to us. Shannon was the girl who got the guaranteed job which isn't a surprise as though she's been an idiot at time she's also done all that's been expected of her while her auntie Kathleen and late-comer Megan were the other two hires. Though this wasn't the end as Roseanne was also given a job, also it seemed a temporary job that could become permanent, so in the end half of the girls who'd stayed the course got the chance to work with the dress-maker full time.
This final scene just exemplifies what was wrong with Thelma's Gypsy Girls as a series in that if just two candidates had been picked it would've seemed like a big deal but with half of the girls getting a job, with the ones that didn't being Lily-Ann who threatened to quit every five minutes and Margaret who was a constant disruption, made me feel like I needn't have sit through six weeks of various clichéd antics. There were a couple of heart-warming scenes tonight, including Victoria's departure which was actually fairly upsetting, but by the end I'd grown tired of Thelma and these girls. I still applaud her for going through with this process and giving some young traveller girls a future outside of being a home-maker but I didn't really feel like I needed to see it unfold on my television. Though Thelma does deserve to be championed to an extent remember that she's still getting buckets of publicity from it and also that she has a book out on the shelves now folks! However after seeing her on this show I think I've had just about my fill of Thelma Madine for the foreseeable future.
What did you make of the outcome of Thelma's Gypsy Girls? Who were your favourites? Leave Your Comments Below.


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Sera Cahoone | Naked
July 14, 2012 at 12:47 am Leave a comment
It's been awhile since I last remember listening to Seattle's Sera Cahoone. It happens. Sometimes we listen to a musician and time passes before the next record and memory fades. So, it's good to run back into that artist when their music happen to cross your path again. The first Cahoone song I heard was a drowsy blues, folky, Appalachian-influenced number called "Shitty Hotel", a track off her first official LP, 2008's "Only as the Day Is Long". It's a slow-burner, light, and sexy — a relationship song made for long nights and even longer roads: "You say you want to be somewhere else / But I've got everything you love / In this room / In this nighttime / So don't leave me here tonight, in this shitty hotel room / There's blankets on the floor / The fans been out for way to long / Why make it harder than it already is, for us in here?" The song contains beautiful bits of harmonica and banjo. Four years later, Cahoone has come back with another record, "Deer Creek Canyon", out Sept. 25 via Sub Pop. She also has a new single, "Naked", for you to listen to or download below. Note: All lyrics are unofficial. — David D. Robbins Jr.
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Volatility as an asset class
US Airways (LCC) is recently down 85c to $15.36 on concerns a Syrian conflict will affect the airliners revenues. Overall option implied volatility of 40 is above its 26-week average of 34.
Best Buy (BBY) is recently down 88c to $34.92 after the electronic retailer's founder will sell an undisclosed amount of stock over a six-month period. Overall option implied volatility of 40 is below its 26-week average of 44.
Tesla Motors (TSLA) is recently up $2.72 to $166.85 regardless of PowerShares QQQ Trust (QQQ) trading down on 1.5% on Middle-East conflict concerns. August weekly call option implied volatility is at 76, September is at 61; December is at 65; above its 26-week average of 57.
CBOE Gold Miners ETF Volatility Index (VXGDX) is recently up 2.3% to $48.65 as gold rallies 1.74% to $1,417. www.cboe.com/VXGDX
CBOE Gold ETF Volatility Index (GVZ) +1.2% to 23.39.
CBOE Interest Rate 5 Year Note (FVX) is recently down 3.4% to 15.50 as Treasury rates continue to trade lower.
CBOE S&P 500 2% OTM BuyWrite (BXY) is recently down 1% to 1269.30, below its 50-day moving average of 1289.11. www.cboe.com/BXY
Actives: AAPL FB JCP AAPL BAC TSLA MSFT C MU INTC
CBOE Volatility Index (VIX) is recently up 1.43 to 16.42. VIX September 15, 16, 17, 18 and 25 calls are active on total option volume of 408K contacts at the CBOE.
iPath S&P 500 VIX Short-Term Futures (VXX) is recently up 5.8% to 16.18.
S&P 100 Options (OEX) is recently down $7.58 to $733.38amid tensions in response to Syria.


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Rossella Lorenzi
Argentine Cardinal Jorge Mario Bergoglio became Pope Francis on Wednesday, a rainy and chilly day which did not discourage tens of thousands of people to gather in St. Peter's Square.
Rossella Lorenzi
Despite the morning's black smoke and the pouring rain, tourists and faithful started gathering in St. Peter's from the early hours of the afternoon.By 6 p.m. the square was a patchwork of umbrellas of every size and color.
Rossella Lorenzi
White or black? At 7:09 p.m. a stream of smoke began pouring from the Vatican chimney.
Rossella Lorenzi
It was clearly white smoke, as shown on the large screens on the square.
Rossella Lorenzi
Music spread in the square. A brass band made up of the Vatican gendarmerie played next to helmeted Swiss guards.
Rossella Lorenzi
After French Cardinal Jean-Louis Tauran announced the name of Cardinal Bergoglio and said he had picked the name of Francis, all eyes were fixed at the burgundy draped balcony.
Rossella Lorenzi
After a few minutes, Pope Francis emerged from behind the red curtains, looking vaguely stunned. Wearing the all-white vestments of the Catholic leader, he greeted the huge crowd: "Brothers and sisters, good evening. It seems the conclave went to the other side of the world to find a new pope."
Pope Francis reportedly suggested that the celibacy of Catholic priests was a problem, hinting that the marriage ban for priests could be lifted in the future, according to an interview with Italy's La Repubblica.
The pope also noted that some Eastern Catholic churches allow priests to marry, and that the celibacy rule for priests was enacted 900 years after the death of Jesus Christ.
VIDEO: Can Science Be a Religion?
"There definitely is a problem but it is not a major one. This needs time but there are solutions and I will find them," the pope told La Repubblica editor Eugenio Scalfari.
The Pope also said the sexual abuse of children was a "leprosy" and that "about 2 percent" of Catholic clergy are paedophiles. The Pope said he would confront the problem with "the severity it demands," reported the BBC.
The 90-year-old Scalfari does not record or take notes during interviews.
NEWS: Pope Francis: Not the First Radical Pope
The Vatican responded, reported CBS News, by saying the interview was "the result of his memory as an expert journalist but not of a precise transcript of a recording nor of a revision from the part of the interested, to whom the words are attributed to."
Photo: Thinkstock


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Hello folks,
today I've been trying out Linux for the first time.
I consider myself as an experienced computer (I know this term is relative^) user and managed to get through installation (12.10) without any problems.
After my first boot I was kinda shocked. I thought Ubuntu was a noncommercial OS - but in my Launcher or however it is called I found an "Amazon" Button. Also I get suggested Applications that I have to pay for in the Ubuntu Software Center.
The first thing I did was uninstalling Ubuntu One and this Ubuntu Music Store (forgot how it's called). It's kinda funny. I know Windows is the real commercial OS, but from the lookings I'd describe Ubuntu as commercial.
I still have got some Ubuntu One stuff in my context menu. How can I finally remove it? And how can I disable paid apps (and just those) in the Ubuntu Software Center? Is there any other kind of application integrated that I could spend money on and that therefore should be removed?
Another problem I have is driver related I guess. My System is much louder under Ubuntu than in Windows. I think it's because there is no proper graphic cards driver installed and my GPU fan is running at a higher speed than it needs to. - It could also be the CPU fan of course. How do I get my PC as quiet as it runs in Windows?
In System Setting > Details it shows no information on the installed graphic cards driver. It seems it didn't install one even tho I was connected to the internet when installing Ubuntu from the live system.
I tried manually downloading the latest catalyst (12.10). I got a .run file which I need to compile in a .deb file, as google told me. However, the instruction I found were for older versions of Ubuntu and did not work for me. Can anyone link me to a detailed instruction? That would be very appreciated.
Sadly my PC crashed two times in like 4 hours of running linux and I had to reset it manually. Also, an app named "compiz" crashed several times. Could it be related to a missing graphic cards driver?
Nevertheless I'm still interested in learning Linux and I know that I will need a lot more patience. My goal is to be able to setup my own Arch linux at some day (far away) in the future.
Did I make the right choice to start with Ubuntu? Are my expectations too high? Any advice is welcome.
edit: Also I'd appreciate if you could hint me some good beginner guides. The ones I have found didn't seem to be too good. I'm just scratching at the surface right now.


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decided: July 8, 1981.
CONSUMERS EDUCATION AND PROTECTIVE ASSOCIATION, ET AL.,v.GEORGE X. SCHWARTZ, ET AL.
No. 81-3-400, Appeal from the Order of the Commonwealth Court, No. 1329 CD 1980
David Kairys, Peter Goldberger, Philadelphia, for appellants.
Alan Davis, Arlan Spector, Philadelphia, for appellees.
Roberts, Nix, Larsen, Flaherty, Kauffman and Wilkinson, JJ. Nix, J., filed a dissenting opinion. O'Brien, C.j., did not participate in the consideration or decision of this case.
[ 495 Pa. Page 12]
Appellants challenge the order of the Commonwealth Court upholding the validity of salary increases for members of the Philadelphia City Council ("Council") and other elected officials authorized by a 12-0 vote of Council on December 20, 1979.*fn1 Eight Council members voting on Bill No. 2357 ("the Salary Bill") had been re-elected approximately six weeks earlier in the November, 1979 election for the term in which the pay raise would be effective.*fn2 At issue is the legality of a Salary Bill adopted after the election of the officials whose pay would be increased thereunder during the term for which they were elected. We hold that the Act of 1927, which remains in full force and effect as to Philadelphia, clearly and unambiguously prohibits any such salary increase and thus renders the Salary Bill null and void.*fn3
[ 495 Pa. Page 13]
Accordingly, we reverse the order of the Commonwealth Court, City Council Members v. Consumers Education and Protective Assn., 58 Pa. Commw. 444, 428 A.2d 711 and reinstate the final decree of the Court of Common Pleas enjoining appellees from paying out or receiving the salary increases.*fn4
The Salary Bill became effective at the beginning of Council's new term of office on January 7, 1980, and, inter alia, provided a salary increase of $10,000 per year for all Council members.*fn5 On January 9, 1980, appellants filed a complaint in equity in the Philadelphia Court of Common Pleas seeking preliminary and permanent injunctions against the salary increases on the grounds (1) that the Salary Bill violated the common law and public policy of the Commonwealth because eight of the voting Council members had a direct, personal, and pecuniary interest in its passage; (2) that the Salary Bill was in violation of the Act
[ 495 Pa. Page 14]
of 1927; and (3) that the Salary Bill was in violation of Article III, Section 27 of the Pennsylvania Constitution.*fn6
In support of the Salary Bill, appellees asserted (1) that the public policy of this Commonwealth does not forbid salary determinations by public officials with personal pecuniary interest therein; (2) that the Act of 1927 has been superseded by various provisions of the Philadelphia Home Rule Charter ("Charter"), adopted in 1951 pursuant to the First Class Cities Home Rule Act of April 21, 1949, P.L. 665, 53 P.S. § 13101 et seq. ("Home Rule Act"); and (3) that a municipal pay raise ordinance is not a "law" within the meaning of Article III, Section 27 of the Pennsylvania Constitution.
Argument was limited to the legal issues raised on a stipulated factual record which, by agreement, excluded all questions concerning the social or economic wisdom of the challenged pay raises.*fn7 The lower court, basing its decision on common law conflict of interest principles and on the Act of 1927, entered a decree nisi invalidating the Salary Bill and enjoining appellees from paying out or receiving the salary increases.
Exceptions were heard by a three-judge panel of the common pleas court which, although divided with respect to grounds and reasoning, upheld the decree nisi. On appeal, the Commonwealth Court en banc, two judges dissenting, reversed as to members of Council and several city officials, and affirmed as to the remaining city officials.*fn8
[ 495 Pa. Page 15]
Appellants filed an emergency petition for allowance of appeal and motion for stay in this Court on April 27, 1981, both of which were granted, and expedited oral argument was heard on May, 18, 1981.*fn9 Appellants here challenge the Commonwealth Court's reversal on statutory and common law grounds and continue to press the constitutional challenge which was rejected both by the Commonwealth Court and by a majority of the common pleas panel.*fn10 Because our holding is supported by the clear and unambiguous prohibition of the Act of 1927, we do not reach the other legal issues raised in this appeal.
Despite its express recognition that the "time phrases" in the Charter could be reconciled with the limitation of the Act of 1927 forbidding salary increases after election,*fn11, the Commonwealth Court concluded that the Act of 1927 is in "irreconcilable conflict" with the following Charter provisions:
"Each councilman shall receive a salary at the rate of . . . such . . . sum as the Council shall from time to time ordain . . . ." (Charter, § 2-100) (551 Pa. Code § 2.2-100) (emphasis supplied).
" Until the Council shall otherwise ordain, annual salaries shall be payable (to the Mayor, Controller, Director of Finance, Treasurer, and other officials) in equal semimonthly
[ 495 Pa. Page 16]
installments as follows . . . ." (Charter, § 3-600) (351 Pa. Code § 3.3-600) (emphasis supplied).
Relying on the phrases "from time to time" and "until the Council shall otherwise ordain," the Commonwealth Court inferred that the Commission which had drafted the Charter ("Charter Commission") had rejected any and all limitations on Council's compensation powers, and thus had intended to supersede the Act of 1927 pursuant to the authority provided by Section 11 of the Home Rule Act, 53 P.S. § 13111.*fn12 The Commonwealth Court further concluded that because the Charter Commission had vested Council with broad compensation powers, salary ordinances promulgated thereunder could not violate the long established and salutary public policy of the Commonwealth.
The fundamental public policy principle reflected by the prohibition codified in the Act of 1927 was articulated in the leading case of Commonwealth v. Raudenbush, 249 Pa. 86, 94 A. 555 (1913), where a member of a borough council voted to accept his own resignation in order to take a paying position as water commissioner. We observed:
[ 495 Pa. Page 17]
It is against public policy for a representative of a municipality to vote in its legislative body on any matter which affects him individually . . . . A councilman cannot vote on any contract or measure in which he is pecuniarily interested. This was the rule of the common law, and statutes have been enacted in most jurisdictions forbidding such voting. A councilman cannot act for the municipality and at the same time act for himself individually. He cannot serve two masters at the same time. He is a trustee for the municipality and he may not deal with himself in any matter which concerns it.
249 Pa. at 88-89, 94 A. at 555 (emphasis supplied). We thus held that the council member's vote was tainted by conflict of interest, and because his vote was determinative, we invalidated the entire measure.
In Reckner v. School District of German Township, 341 Pa. 375, 19 A.2d 402 (1941) we again observed that, ". . . it is well settled that no man should act officially in a matter involving discretion, where he is personally interested in the result." 341 Pa. at 376, 19 A.2d at 402. Reckner was a case where a school director cast the deciding vote on a proposal to increase his own salary. We invalidated the pay raise in an unanimous opinion, citing Raudenbush, supra, and noting ". . . the well founded and long-established public policy that one who has a direct personal interest in a matter under consideration by a representative public agency of which he is a member is disqualified from voting thereon, and if his vote is determinative, the action taken is void." 341 Pa. at 377, 19 A.2d at 403.
Shortly after Reckner, we decided Commonwealth ex rel. McCreary v. Major, 343 Pa. 355, 22 A.2d 686 (1941), a case in which members of the Beaver Falls city council appointed themselves to the Board of the Beaver Falls Municipal Authority. We sustained the lower court's ruling ousting Major from the Board, holding that ". . . well-established public policy prohibits respondent and his colleagues from using their official appointing power as councilmen of the City of Beaver Falls to appoint themselves members of the
[ 495 Pa. Page 18]
Board of the Authority." Major had argued that the enabling acts of the Legislature creating the Authority, by implication or inference, had waived the applicability of traditional conflict of interest principles. In rejecting that argument, we said:
While it cannot be questioned that the General Assembly has the inherent power to declare the public policy of the Commonwealth and may confer upon members of Council of municipalities power to appoint themselves to membership upon Boards of Authorities and to fix their own salaries, such grant of power must be strictly construed, and unless the intention is clear, the power will be denied, because of its exceptional and extraordinary character. We said, in this connection, in the recent case of Reckner v. German Tp. School District, supra, [341 Pa. at page 378, 19 A.2d at page 403, 133 A.L.R. 1254]: " It necessitates an explicit direction on the part of the legislature to overthrow such a wholesome and salutary rule of the common law as that precluding a public servant from simultaneously representing both himself and his constituents. As pointed out in Goodyear v. Brown, 155 Pa. 514, 518 [26 A. 665, 666, 20 L.R.A. 838, 35 Am.St.Rep. 903]: '* * * it does not follow that everything may be done by a public officer that is not forbidden in advance by some act of assembly.'"
343 Pa. at 361-62, 22 A.2d at 689 (emphasis supplied).
Thereafter, in Genkinger v. City of New Castle, 368 Pa. 547, 84 A.2d 303 (1951), we considered a taxpayer's suit which sought to void an ordinance setting up a pension plan for the benefit of city employees, including the council members who voted on the bill. Although the Legislature had specifically authorized councilmen of third class cities to vote on pensions which directly affected themselves, we noted the ". . . well and wisely established principle of public policy in Pennsylvania that a public official may not use his official power to further his own interests. . . ." 368 Pa. at 551, 84 A.2d at 305 (emphasis in original), and, citing Commonwealth ex rel. McCreary v. Major, supra, concluded that:
[ 495 Pa. Page 19]
Since this was a radical departure from the salutary public policy of this Commonwealth, the enabling legislative Act would have to be strictly complied with, and where public officials with a possible dual interest are concerned, strictly construed.
368 Pa. at 552, 84 A.2d at 306 (emphasis supplied). We decided that the ordinance in question exceeded the authority of the legislative enabling act and thus was in violation of public policy.
In the present case, the Commonwealth Court inferred that the general permissive language of the Home Rule Charter empowering Council to fix salaries "from time to time" or "[u]ntil the Council shall otherwise ordain" reflected an intent on the part of the Charter Commission to supersede the Act of 1927, a statute which specifically had codified a well founded and long standing principle of public policy deeply embedded in the common law and which had applied to the City of Philadelphia without interruption for nearly a quarter century.*fn13 Our decision in Major, supra, however, makes it clear that even when the Legislature itself seeks to depart from salutary public policy principles, it must express its intention to do so explicitly, and any power so granted will be strictly construed. Here, as in Genkinger, supra, "public officials with a possible dual interest
[ 495 Pa. Page 20]
are concerned." Accordingly, although there is no doubt that the Charter Commission had the power to supersede the Act of 1927 if it explicitly chose to do so, we must adhere to a standard of strict construction, and in the absence of an explicit direction on the part of the Commission to abrogate the long standing and wholesome policy of this Commonwealth to preclude an elected official from simultaneously representing both himself and his constituents, we must, if possible, adopt the interpretation of the Charter consistent with the continued vitality of such a venerable and salutary public policy.
This is not a case where it is necessary to strain principles of statutory construction in order to reconcile the Act of 1927 with the Charter provisions. On the contrary, not only is it reasonable to interpret the provision consistently with the statute, but, in our view, reconciliation is compelled by the stipulated facts and overwhelming weight of judicial authority.
In an exercise of pure speculation, the Commonwealth Court noted that earlier drafts of Charter Section 2-100 included language precluding in-term pay raises for various officials while the final version deleted the restrictive language, and then concluded that ". . . the transition from draft two to the final version, demonstrates a clear intent on the part of the framers to authorize Council to increase the salaries of elected officers at its discretion, without regard to time." 58 Pa. Commw. at 444, 428 A.2d 711.*fn14 We disagree. Whatever the unexpressed reason may have been for deleting the effective date for any salary change -- and we
[ 495 Pa. Page 21]
could speculate about many, but will not -- the Charter Commission expressed no clear intent to supersede the statute. Indeed, if anything, the earlier draft, which included the phrase "from time to time" in the same sentence with a prohibition against in-term raises, conclusively proves that the Charter Commission did not perceive the general language of the Charter provisions to be necessarily inconsistent with a specific limitation on the effective date of any salary increase as mandated by the Act of 1927.*fn15
Moreover, the Charter was drafted long after a decision of this Court resolving an issue remarkably similar to that now before us. In Cummings v. City of Scranton, 348 Pa. 538, 36 A.2d 473 (1944), we were called upon to construe the phrase "from time to time" in former 53 P.S. § 9495 (now 53 P.S. § 22225), which provided that councils of cities of the second class had the "power to fix, from time to time, the salaries of all city officials and employees who are not elected." At issue was an attempt by the Scranton Council to raise the salaries of certain city employees separately from the annual appropriation ordinance, passed pursuant to former 53 P.S. § 9503 (now 53 P.S. § 22233), which required that all appropriations be made "annually, by general ordinance." In response to a taxpayers' suit, an injunction was issued. The city appealed, advancing the same argument presented by appellees here: that the words "from time to time" expressly authorized action at any time, without limitation.
[ 495 Pa. Page 22]
We rejected that view and, moreover, found no inconsistency between the general permissive language of § 9495 and the specific limitations of § 9503. In a unanimous opinion, we held:
Failure to construe 'from time to time' with reference to the legislative mandate that all appropriations shall be made annually would enable city council to manipulate salaries as they might desire . . . . The construction contended for by appellant . . . would open the door to fraud and partisanship . . . . An intention to create such an undesirable situation will not be attributed to the legislature. We are of opinion that the legislature intended 'from time to time' to refer to the enactment of the annual appropriation ordinance. Council must, therefore, make provision in such ordinance for all increases in salaries which it might deem necessary and proper. It does not have power to fix salaries from week to week, month to month, or at any other time during the fiscal year after the enactment of a general appropriation ordinance.
City council is trustee of the funds over which it has control. The legislature has delimited the powers to be exercised by such trustee . . . . If the legislature intended the council of a city of the second class A to have the power it exercised, appropriate legislation could and would have been enacted . . . .
348 Pa. at 543-44, 36 A.2d at 475-476 (emphasis supplied).
Thus, the Charter Commission had before it authority from this Court which expressly held that whatever "from
[ 495 Pa. Page 23]
time to time" may mean, it certainly does not mean "at any time," the interpretation appellees would impose in order to preclude any and all time restrictions and thus establish a conflict with the Act of 1927.*fn16
Finally, we conclude that the principles enunciated in Kelly v. Philadelphia, 382 Pa. 459, 115 A.2d 238 (1955), are applicable here.*fn17 Kelly dealt with an alleged conflict between zoning provisions of the Home Rule Charter and procedural requirements of the Zoning Ordinance Enabling Act ("Zoning Act").*fn18 The lower court, citing the Zoning Act, had enjoined the city from effecting a zoning ordinance adopted pursuant to applicable Charter provisions. The city appealed, arguing that because the statute and the Charter provisions were inconsistent, the statute had been superseded. In a unanimous opinion, we upheld the chancellor's decree with the following conclusion:
We are of the opinion that the alleged incompatability is more apparent than real and certainly could not be regarded as so utterly repugnant and irreconcilable as to render it impossible for both to consistently stand together. It will be observed that the provisions of the Charter . . . are general in scope . . .; whereas . . . the Act [is specific] . . . . The Charter provisions can and should be interpreted as being confined to ordinances other than those covered by specific statutory provisions, the latter being considered added requisites for a particular subject.
[ 495 Pa. Page 24382]
Pa. at 472-73, 115 A.2d at 244-45. Similarly, the compensation provisions here in question are general in nature, and can be read consistently with the specific limitations of the Act of 1927. The Act of 1927, like the Zoning Act in Kelly, is "an added requisite for a particular subject."
In essence, we hold that the Act of 1927 does not intrude upon Council's right to fix salaries "from time to time" or "[u]ntil the Council shall otherwise ordain." It simply declares that the earliest effective date of any such salary change adopted after the election of the officials whose pay would be affected must be the beginning of the next term following the term for which they have been elected. Hence, we find no inconsistency whatsoever between the general language of Sections 2-100 and 3-600 of the Charter and the specific limitations of the Act of 1927. Since the salary increase clearly was in violation of the prohibition of the Act of 1927, the Salary Bill is null and void.*fn19
Accordingly, we reverse the order of the Commonwealth Court, reinstate the final decree of the Court of Common Pleas enjoining appellees from paying out or receiving the salary increases, and direct that all funds held in escrow pursuant to our Order dated April 29, 1981 be returned to the City treasury.
NIX, Justice, dissenting.
There is no question the Act of *fn19271 can by superseded by the Charter Commission pursuant to the First Class Cities
[ 495 Pa. Page 25]
Home Rule Act of April 21, 1949, P.L. 665, 53 P.S. § 13101 et seq., and the majority so concedes. Yet, surprisingly, the majority finds the Charter provisions involved here*fn2 not in contravention of the Act of 1927 by perceiving the phrases "from time to time" and "[u]ntil the Council shall otherwise ordain" as unclear and malleable. That approach facilitates the very type of labored reasoning the majority indicates to be unnecessary in this case. It is farce to suggest "[u]ntil the Council shall otherwise ordain" intended to continue the restraint of the Act of 1927. To apply the language of Cummings v. City of Scranton, et al., 348 Pa. 538, 543-44, 36 A.2d 473, 475-76 (wherein we held that a city of the second class A did not have the power to enact the ordinance in question) to this case, is to completely ignore the power, previously conceded by the majority, existing in the City Council of Philadelphia pursuant to the First Class Cities Home Rule Act. A natural and normal reading of both phrases indicates the language used neither implies nor connotes the restrictions contained in the Act of 1927. Thus it is patent that the provisions of the Home Rule Charter explicitly frees the City Council of the constraint of the Act of 1927, in the exercise of its powers to fix salaries of Council members.
The majority does not address the constitutional challenge because of its finding that the Charter provisions are not inconsistent with the Act of 1927. However, we note that under Baldwin v. City of Philadelphia, 99 Pa. 164 (1881) and the cases following it, Article III, Section 13 (now Article III, Section 27) is inapplicable to municipal legislation.*fn3
[ 495 Pa. Page 26]
Public policy codified in the Act of 1927 is essentially common law public policy subsequently expressed statutorily. That public policy was lawfully rejected by the Charter Commission when it drafted the Home Rule Charter. It is my opinion that this Court should not revitalize such public policy once it was rejected by the Home Rule Charter and the citizens who adopted the Charter.*fn4
Finally, the action of the Commonwealth Court in regard to the salary increases for the District Attorney, City Commissioners, Sheriff and Register of Wills based upon issues raised sua sponte by that court should be reversed.*fn5 Such a practice by lower courts has been disapproved of by this Court in Wiegand v. Wiegand, 461 Pa. 482, 337 A.2d 256 (1975). See also Phillips Home Furnishing v. Continental Bank, 467 Pa. 43, 354 A.2d 542 (1976); In Re Duncan Trust, 480 Pa. 608, 391 A.2d 1051 (1978); Butler Area School District v. Butler Ed. Ass'n, 481 Pa. 21, 391 A.2d 1295 (1978).
For the foregoing reasons I must dissent.
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MS048 - Motorcycle Shock Bushing Driver Set 4pc
Supplier: Jack Sealey Ltd | Brand: SEALEY | Product: MS048
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Details of MS048
o Enables shock bushes to be installed straight and fast.
o Suits most bushes/shocks.
o Supplied in holder.
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text: Just a quick question. Here and there in the forum, I saw random posts of people saying that you can always turn your ipod back to a normal state (i.e. not jailbreaked) by hard resetting it (pressing the home+off button for x seconds etc.). But I did not see anyone specifically saying that yes it does work and your ipod will be back to normal without absolutly no trace of a jailbreak attempt. Obviously, I'm asking this to know if we'll be screwed by a future Apple update. So can someone confirm?


text:
Should we make an article about magic?
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I mean, magic seems to exist in Marvel Cinematic Universe, but it's very ambiguously defined. Sometimes it's treated as a form of advenced alien science, other times as genuine magic. What you all think about magic in the context of Marvel Cinematic Universe as a whole?


text:
Alley Oop by Jack and Carole Bender
- August 25, 2013
- From Beginning
- Previous feature
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Comments (9) (Please sign in to comment)
Good Morning, folks.
Starting Sunday with a recap isn't a bad idea since I've seen worse ideas.
Can't wait 'til Monday.
Also no John Wooley. Hmmmm.
They could try something radical like advancing the story. Oh, wait, they might have to do some work. Perish the thought.
I think Alley's about to meet the love of
his life. And this time it's with somebody
Morning, Oopsters.
@Wootitoot – Hmmmm, indeed. Maybe John only works on the weekday strips.
@gkid – Nice? Read the history of this little writer's club. They were one of the most sordid, adulterous groups you could imagine.
Good Morning Benders , John Wooley, and readers of Alley Oop. Doc's insulated jacket for Alley only goes to mid thigh.
The insulated boots goes to his shins. Alley going to have
some very cold legs unless he can get some pants or
leggings. I really like the recap being on Sunday rather than
Mondays. If you miss a day during the week, it's a lot better
with a summary than backing the strip day by day to the
date you missed. Of course I never miss a day of Alley Oop, the first strip I read every morning. Next of course is Dick
Tracy then Gasoline Alley.
as usual a decent story line undone by poor writing, poor artwork and excruciatingly slow and needless story development.
Absolutely true.
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text:
Everyone Hooks Up in the Nightlife Industry, According to This Insider
December 7, 2016 • 2:53 PM ET
#PumpRules manager Peter Madrigal offers some insight into his industry's "office" romances. Read Blog
Kristen Doute Is Fostering (and Probably Adopting) an Adorable New Pup!
December 7, 2016 • 2:51 PM ET
The #PumpRules pal's new fosetr dog, Bowie, sure is adorable. Read Blog
Caroline Stanbury Says She and Sophie Stanbury Are Still "Broken"
December 7, 2016 • 1:59 PM ET
We saw a good-old-fashioned Stanbury sister showdown in Tuesday night's episode of Ladies of London , after Caroline Stanbury found out that her sister-in-law, Sophie Stanbury, had been sharing their conversations with Julie Montagu. The...Read more
Forget New Hair Trends, Sophie Stanbury Goes Retro for Her Amazing Locks
December 7, 2016 • 1:35 PM ET
Find out the Ladies of London beauty's secret for brilliantly bombshell hair. Read Blog
Meghan King Edmonds Celebrates Her Daughter's *Actual* Due Date
December 7, 2016 • 12:14 PM ET
Technically, little Aspen King Edmonds was supposed to come into the world on December 5, but The Real Housewives of Orange County tot decided instead to surprise her parents on November 24. Still, Meghan King Edmonds isn't passing up celebrating...Read more
Does Kyle Richards Have a "Leverage Friendship" with Lisa Vanderpump?
December 7, 2016 • 11:45 AM ET
Kyle Richards and Lisa Vanderpump may have their ups and downs, but The Real Housewives of Beverly Hills actress insists that despite what some of the ladies may perceive (including Erika Girardi, who last season claimed they had a ...Read more
How Did Lisa Vanderpump's SUR Restaurant Get Its Sexy, Unique Name?
December 7, 2016 • 9:31 AM ET
There are very few places in Los Angeles as sexy and unique as Lisa Vanderpump's West Hollywood restaurant, SUR. Now, we say that because the letters just so happen to be an acronym for just that: Sexy Unique Restaurant — but we'll let the...Read more


text:
Score -6
Thread DetailsLast Edited by mlacey3 June 17, 2016 at 01:06 PM
Coupon code FORYOU300
Note: When logged into my Verizon account, the discount seems to be having issues with upgrades, but certainly works for new lines and new accounts.
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text:
Another great microbrewery. If its nice out, you can sit outside in the back on the patio. Great atmosphere. This place gets really busy for dinner. I'm not sure they take reservations - I think not. I seem to remember them closing pretty early as well. It may have been 10 or 11pm. There's some funny alcohol laws in Utah.
Dress Code Casual
The Leff Compound is an excellent place to shotgun beers before and/or after going out to bars (I recommend Yellow Bellies)
Dress Code Anything from dressy to birthday suits!


text:
Burlington's Mike Green leads Team Canada into the International Racquetball Federation (IRF) 16th World Championships in Santo Domingo, Dominican Republic, Aug. 4 – 11.
Green, the 2012 Canadian men's champion and 2012 Pan American Champion, joins teammates Vincent Gagnon of Montreal and two Saskatoon players: Kris Odegard and Tim Landeryou.
Jennifer Saunders of Winnipeg, the 2012 Canadian women's champion, will lead the women's team. She'll play singles along with Brandi Jacobson Prentice of Vaudreuil-Dorion, Que. The doubles team will be Frédérique Lambert of Montreal and Josée Grand'Maître of Longueuil, Que.
Team Canada's head coach is Sue Swaine, CHPC, RN, CPMHN (Etobicoke, Ont.). Swaine's serving in this role for the second time. Michel Gagnon (Longueuil, Que.) is the assistant coach. Swaine and Gagnon travelled and coached together at the 2012 Pan American Championships earlier this year in Temuco, Chile, where the team won one gold, one silver and two bronze medals.
The IRF World Championships has two parts. The competition will begin with individual competitions – singles and doubles – for the first four days. Then there will be a team competition in which countries will compete against each other in best of three matches; two singles matches as well as a doubles match.


text:
Discussion in 'Front page news archive' started by News Bot, Aug 12, 2009.
This is a discussion thread for the "Inkvaders Preview" story posted on the front page.
Lol is this the first BETA to review iPtF has evar got? I always see TouchArcade and Pocketgamer and iPhoneGamesNetwork getting them... but not iPtF!
Great Step Please Register or Log in to view images
Please Register or Log in to view images
We'll be getting more of these scoops in the coming weeks and months. This is part of the reason why we upgraded the front page, in order to provide richer content like this.
So now iPTF is dedicated to App Store?
As Apple's release rate for updates has slowed down and jailbreaking has matured, the only thing that is changing frequently in ways worthy of posting news items is the App Store. When other stuff starts happening, we'll cover that as well.
...not like the good ol' days anymore, is it?
It will be soon enough. Apple's new products and the 3.1 update are looking like they'll give us plenty to cover for the coming months.
We're just starting but our model is not purely game or App Store focused. As Bgizzle says we hope to get more features but we want to cover other thinsg as well as App Store games... and, anyway, you must have overlooked our recent MiniGore preview Please Register or Log in to view images
im looking forward to play this game, it looks very cool
For some reason the game just doesn't appeal to me...
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text:
Macaroni and Cheese Taco
Total Time
Prep 15 mins
Cook 35 mins
You may adjust the taco seasoning and all ingredients to taste, add in some dried chili flakes for some heat if desired, I used my Kittencal's Taco Seasoning Mix for this but packaged will do fine ;-)
Ingredients Nutrition
- 1⁄2 lb ground beef
- 1 small onion, finely chopped
- 1 tablespoon fresh minced garlic (optional)
- 1 1⁄2 cups water
- 2 tablespoons taco seasoning, mx (or to taste)
- 3⁄4 cup thick & chunky salsa
- 1 (7 1/4 ounce) packagekraft macaroni and cheese mix
- salt and black pepper (to taste)
- 6 -8 hard taco shells
- 2 cups shredded cheddar cheese (or use any amout desired)
- 1 large tomatoes, finely chopped
- taco sauce (optional)
- In a large cook the ground beef with onion and garlic until browned; drain fat.
- Add in water, taco seasoning, salsa, the cheese package and pasta from the Macaroni and Cheese; mix well and bring to a boil over medium-high heat.
- Reduce heat to low and simmer for about 25 minutes or until the macaroni is fork-tender.
- Season with salt and pepper to taste.
- Spoon the filling/pasta between the taco shells.
- Sprinkle with cheddar cheese then chopped tomatoes.
- Drizzle with taco sauce if desired.
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I made these for dinner last night. I had to add an extra 3/4 cup of water to allow the pasta to cook without burning. These tacos are definitely different. Thanks for posting!


text: Deco & Edgewoode - Batch Process [FREE DOWNLOAD] by Matt Deco published on 2012-12-24T16:44:22Z Happy holidays everybody! To top off a very enjoyable 2012 I've decided to wind down the year with a free track from Edgewoode and myself. This song has been a staple in my DJ sets this year and now I'm happy to share it with all of you. "Batch Process" is a rolling track spiked with crisp percussion and synth melodies carrying the influence of Joker and the "purple" style of bass music. The first part of the track switches up between a variety of progressions before the second drop introduces a new theme that's a bit more stripped down and techy. It's been a great 12 months for both myself and Deceast and I'm really looking forward to 2013. Have a great rest of the holiday season and a happy new year! - deco Genre Bass Comment by grav3y fresshhhhhhh 2015/08/15 23:05:47 +0000 Comment by Matt Deco @loops-skywalker: Glad you're feeling it! :D 2013/07/13 00:02:16 +0000 Comment by countdown! amazing groove man... love it:) 2013/07/12 22:12:07 +0000 Comment by Matt Deco @iant: thanks! 2013/01/22 05:42:38 +0000 Comment by Iant. serious sound 2013/01/21 21:46:16 +0000 Comment by Matt Deco @djsorted: thanks man, good seeing you in ATL last week! 2012/12/28 00:49:46 +0000 Comment by DJSorted Boss! 2012/12/27 21:56:58 +0000 Comment by Matt Deco @mista-c-daproducer: thanks! 2012/12/27 18:43:12 +0000 Comment by Mista C DaProducer nice work yo 2012/12/27 18:05:28 +0000 Comment by onetwo4 YES! 2012/12/26 19:51:06 +0000 Comment by Matt Deco @footworkmusik: Thanks man! 2012/12/25 15:40:09 +0000 Comment by Matt Deco @kellydean: my pleasure man, glad to get this one out in to the world. Have a great holiday! 2012/12/25 15:40:01 +0000 Comment by FootwoRk So tight 2012/12/25 13:09:43 +0000 Comment by Kelly Dean Awesome tune Matt! Thanks for sharing! Happy Holidays! 2012/12/24 19:58:21 +0000 Comment by Matt Deco @deafblind: Thanks Rich! 2012/12/24 16:51:59 +0000


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