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Artist's description:
This painting depicts a woman in a forest. She is holding two birds in her hand and one is on her shoulder. It is filled with wonder and beauty. Her dress is flowing and full of purple. This painting is painted on Yupo paper which is a slick, synthetic paper. I used acrylic inks and acrylic paints. I did not know ahead of time what I was going to paint. This painting began to emerge as I worked with the paint and the paper. I eventually saw this image emerge and then further defined it. The painting is unframed.
Materials used:
Acrylic ink, acrylic paint, Yupo paper
The Princess And The Birds (2012)
Painting by Deborah Nell
$450 Sold
- Painting on Paper
- One of a kind artwork
- Size: 13 x 17 x 0.01 in (unframed) / 13 x 17 in (actual image size)
- This artwork is sold unframed
- Signed on the front
- Style: Impressionistic
- Subject: People and portraits
More by Deborah Nell View all
View all
Let's Dance
Acrylic paintingby Deborah Nell
My Beloved Is Mine and I Am His
Acrylic paintingby Deborah Nell
The Song of Love is Heard in the Land
Acrylic paintingby Deborah Nell
Getting Lost In the Gaze of Your Eyes
Acrylic paintingby Deborah Nell

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Alternative Dispute Resolution Lawyers In Dandridge Tennessee


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text: hawksrealm Sports Talk :: Cowboys Notes hawksrealm Sports TalkEverybody posting deserves RESPECT FAQ Search Memberlist Usergroups Join! (free) Profile Log in to check your private messages Log in Cowboys Notes hawksrealm Sports Talk Forum Index -> Dallas Cowboys View previous topic :: View next topic Author Message BevoMavCo- PilotJoined: 06 Mar 2013Posts: 422 Posted: Mon Dec 29, 2014 1:30 pm Post subject: Cowboys Notes Share  Records set yesterday at Washington. DeMarco Murray - most rushing yards in a season - 1845 Dez Bryant - Most td passes in a season - 16 Romo - became the first Dallas QB to finish with highest QB rating in the league - 113.2 Team - 8-0 on road, tied 5 other teams for best ever The game was over quickly. First 5 possessions were 3 td's and 2 fg's. 27-7 and it was over. The offense for the rest of the game seemed to play with one eye on not getting hurt. The defense played great. The game was over quickly. First 5 possessions were 3 td's and 2 fg's. 27-7 and it was over. The offense for the rest of the game seemed to play with one eye on not getting hurt. The defense played great. On to Detroit Suh is suspended. The DT/Psychopath follows Detroit center who both got suspended for stepping on opponents. Center for the game against GB and Suh against us. Amazing Dallas will play Sunday at 3:40 pm cst on Fox. Our boy Troy will be doing the game. To the victors go the spoils: Back to top Display posts from previous: All Posts1 Day7 Days2 Weeks1 Month3 Months6 Months1 Year Oldest FirstNewest First hawksrealm Sports Talk Forum Index -> Dallas Cowboys All times are GMT - 7 Hours Page 1 of 1 Jump to: Select a forum ----------------SITE RULESGeneral info---AnnouncementsDallas CowboysNFLNBAMLBNHLNCAAOther Pro SportsOLYMPICS, and other MISC. SportsRealm ChatTroll Cave NFC FOOTBALL FORUMS----------------NFC EASTNew York GiantsWashington RedskinsPhiladelphia EaglesNFC WESTArizona CardinalsSan Francisco 49ersSeattle SeahawksSt. Louis RamsNFC NORTHChicago BearsDetroit LionsGreen Bay PackersMinnesota VikingsNFC SOUTHAtlanta FalconsCarolina PanthersNew Orleans SaintsTampa Bay Buccaneers AFC FOOTBALL FORUMS----------------AFC EASTBuffalo BillsMiami DolphinsNew England PatriotsNew York JetsAFC WESTDenver BroncosKansas City ChiefsOakland RaidersSan Diego ChargersAFC NORTHBaltimore RavensCincinnati BengalsCleveland BrownsPittsburg SteelersAFC SOUTHHouston TexansIndianapolis ColtsJacksonville JaquarsTennessee Titans JUST FOR YOUR ENJOYMENT----------------MoviesPoets HouseArtist's Cafe You cannot post new topics in this forumYou cannot reply to topics in this forumYou cannot edit your posts in this forumYou cannot delete your posts in this forumYou cannot vote in polls in this forum Card File Gallery Forum Archive Powered by phpBB © 2001, 2002 phpBB Group Stargate Theme by Cat webdesing ;


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Bee has a small basket of books in the living room. To keep it fresh I swap some of them every season or whenever Bee is developing a new interest.
We have a growing collection of books that live on her bookshelf in the Nursery, but a lot of the time I look for books in charity shops that fit a theme or current interest. Unfortunately the board book selection at our local library is abysmal, although Bee still loves a trip there to sit on the miniature chairs and touch all the book spines on the shelves.
My First Farm and Honk Honk Baa Baa! are favourites from Bee's last book basket and so they have stayed. Bee really started showing a fascination with animals around her first birthday and they have remained a really strong interest of hers.
Honk Honk Baa Baa! by Petr Horáček is a simple animal noise book with lovely illustrations and really easy to turn graduated pages.
My First Farm by DK is essentially a photographic dictionary of animals and farmyard vehicles and that's mainly how Bee uses it. She usually fetches it and turns to a specific page when she is wanting to show us an animal that matches one she has seen or heard elsewhere. I really like how it shows different breeds of the same animal as well as both male and female animals.
We love Helen Oxenbury and own several of her books. The simple four line rhyme spread over four pages make All Fall Down super easy for Bee to follow and she loves anticipating the ending. The illustrations are adorable and Bee seems to really relate to them.
I included Head, Shoulders, Knees and Toes by Childs Play because Bee is obsessed with showing us her toes, and increasingly her tummy. The rhyme and actions make her giggle, especially when I squeeze her knees, and hopefully it will help her identify other parts of her body.
Bee's autumn themed books are spread between her basket and shelves.
Meg and Mog by Helen Nicole and Jan Pieńkowski brings back real childhood memories for me. While the text is a little advanced for a 14 month old, the pictures are super bright and introduce simple and cute Halloween imagery. Bee really enjoys looking at this book.
I found Orange Pear Apple Bear by Emily Greaver in a charity shop. The text is very simple and the illustrations delicate and quirky.
Wind by Carol Thompson lives on Bee's shelves next to her box of fabric leaves. It's beautifully onomatopoeic. Bee loves it when the 'wind blows' and I gently blow into her face.
Night Night by Petr Horáček has adorable illustrations of woodland animals going to sleep in their natural environments. It gives me a real sense of hygge and I just want to snuggle Bee and go to bed.
What are you reading?


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This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2016).
BRATVOLD, Judge.
In this slip-and-fall case against a townhome association and others, appellant challenges the district court's order granting summary judgment in favor of respondents, arguing that: (1) respondents owed her a duty of care; (2) the primary-assumption-of-risk doctrine does not bar her claim; and (3) questions of fact about causation make summary judgment inappropriate. Because the district court erred when it granted summary judgment in favor of respondents Townhomes at Water's Edge, Inc. and Prairie Property Management of Fargo-Moorhead, Inc., but did not err in granting summary judgment in favor of respondents Pro Landscapers, L.L.C. and Ian Hansen, Inc., we affirm in part, reverse in part, and remand.
On March 1, 2013, appellant Charlotte Nelson, who was then 89 years old, slipped and fell on the sidewalk leading from the front door of her townhome, breaking a bone in her upper arm near her shoulder. "It was a beautiful wonderful day," with sunshine and "a lot of melting" snow. At the time she fell, Nelson was trying to push water down her sidewalk so it would drain into the street. Before that day, snow, ice, and water had accumulated on Nelson's sidewalk, which led from her front door to the driveway.
Nelson owns a unit at Townhomes at Water's Edge, L.L.C., which is a common-interest community known as Water's Edge Townhomes (Water's Edge) in Moorhead, Minnesota. Respondent Townhomes at Water's Edge, Inc. (the Association) is the townhome association for the community. The Association had several agreements governing its relationship with unit owners, including bylaws, covenants, and declarations (collectively, the "Association agreements").
The Association retained respondent Prairie Property Management of Fargo-Moorhead, Inc. (Prairie Property) to manage Water's Edge. Prairie Property hired respondent Pro Landscapers, L.L.C. (Pro Landscapers), to remove snow at Water's Edge, and specifically contracted for removal following any snow "event" of two or more inches. Pro Landscapers would provide additional services upon request, for example, "sanding, salting, ice removal, and/or remediation," as well as snow removal of less than two inches.
Prairie Property occasionally hired respondent Ian Hansen, Inc. (Hansen) to complete "odd jobs" at Water's Edge. Hansen did not have a written contract or "standing" oral agreement. In an affidavit, Hansen's owner described his work at Water's Edge as "on call"; "project by project"; "always narrowly defined"; and "limited in scope and duration."
In her deposition, Nelson testified that she understood that Prairie Property would remove snow from her sidewalk if more than two inches fell. If less than two inches of snow fell, Nelson testified that "we just let it go." Sometimes, Nelson shoveled a "small amount," and sometimes, the snow would accumulate on her sidewalk. According to Nelson's testimony, even when Prairie Property and its agents cleared snow from her sidewalk, "they [didn't] do a very good job." During the winter months, Nelson did not use her front door or sidewalk because the sidewalk was "too packed with ice." Instead, Nelson entered her townhome directly from inside her garage without using her sidewalk.
The parties appear to agree that, at least for the purposes of summary judgment, no snowfall of two or more inches had occurred at Water's Edge during the ten days preceding Nelson's fall. In fact, the undisputed record evidence establishes that (1) Pro Landscapers received no requests for additional services at Water's Edge at any time during the winter of 2012-13, meaning Prairie Property made no requests for sanding, salting, additional snow removal, ice removal, and/or other remediation; and (2) in performing its regular contract, Pro Landscapers removed snow at Water's Edge on February 18, 2013, and did not work there again until after Nelson's fall.
Four days before Nelson's fall, on February 25, 2013, Hansen was at Water's Edge and "put down" sand and salt mix and shoveled snow from rooftops, among other jobs. Hansen's invoice describes the work, which did not include any snow, ice, or water removal from individual sidewalks. Hansen did not work at Water's Edge again until after Nelson's fall.
Before Nelson's fall on March 1, four inches of snow and ice had accumulated on her sidewalk, according to Nelson's deposition testimony. On the morning of March 1, Nelson saw snow, ice, and water on her sidewalk, as well as water dripping onto her sidewalk from the roof.
Before Nelson left for the day, she telephoned Prairie Property and asked them to remove "snow and water" from her sidewalk. Nelson testified that Paulette of Prairie Property said it was going to be "taken care of, or something to that effect." Nelson explained that she had made similar calls in the past, and "got the same answer that we usually got." After talking to Paulette, Nelson left through her garage, did not walk on her sidewalk, and drove to visit her son.
When Nelson returned home around 6:30 p.m., she "peeked" at her sidewalk from around the corner of her garage "to see how the ice was doing." She saw "all water" on the sidewalk. Nelson testified that she thought, "I can get rid of that." Planning to push the water down the sidewalk so it would drain into the street, Nelson walked through her garage, grabbed her shovel, entered her home, and then stepped out the front door. Nelson fell on her first step onto her sidewalk, knew she had injured something, and lay there, waiting for help from a neighbor. When asked whether she saw ice before she stepped onto the sidewalk, Nelson testified that she "didn't expect there to be ice under the water."
Nelson sued the Association, Prairie Property, Pro Landscapers, and Hansen alleging that they were negligent in failing to keep Water's Edge "common areas," including her sidewalk, clear and in a reasonably safe condition. Respondents moved for summary judgment. After a hearing, the district granted respondents' motions for summary judgment and dismissed Nelson's claim with prejudice. Nelson appeals.
This court reviews a district court's summary-judgment decision de novo, analyzing "whether the district court properly applied the law and whether there are genuine issues of material fact that preclude summary judgment." Riverview Muir Doran, LLC v. JADT Dev. Grp., LLC, 790 N.W.2d 167, 170 (Minn. 2010). "We view the evidence in the light most favorable to the party against whom summary judgment was granted." STAR Ctrs., Inc. v. Faegre & Benson, L.L.P., 644 N.W.2d 72, 76-77 (Minn. 2002). Summary judgment is appropriate when "the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that either party is entitled to a judgment as a matter of law." Minn. R. Civ. P. 56.03.
I. The district court erred in granting summary judgment to the Association and Prairie Property.
A. The Association and Prairie Property did not owe Nelson a duty of care to remove ice and water from her sidewalk under the Association agreements.
To recover on a negligence claim, a plaintiff must show: "(1) the existence of a duty of care; (2) a breach of that duty; (3) an injury; and (4) that the breach of the duty was a proximate cause of the injury." Doe 169 v. Brandon, 845 N.W.2d 174, 177 (Minn. 2014). "Summary judgment is appropriate when the record lacks proof of any of the four elements [of a negligence claim]." Kellogg v. Finnegan, 823 N.W.2d 454, 458 (Minn. App. 2012). "The existence of a duty of care is a threshold question because a defendant cannot breach a nonexistent duty." Doe 169, 845 N.W.2d at 177. Whether a duty exists is a legal question that we review de novo. Bjerke v. Johnson, 742 N.W.2d 660, 664 (Minn. 2007). If a duty of care does not exist, the district court need not reach the remaining elements of a negligence claim. Domagala v. Rolland, 805 N.W.2d 14, 22 (Minn. 2011)
"Landowners have a duty to use reasonable care for the safety of all . . . persons invited upon the premises." Ironwood Springs Christian Ranch, Inc. v. Walk to Emmaus, 801 N.W.2d 193, 197 (Minn. App. 2011) (quotation omitted). "It is generally recognized that one who carries on activities on land on behalf of the possessor is subject to the same liabilities as the possessor, and that one in control of the premises is under the same duty as the owner to keep the premises in safe condition." Id. at 197-98 (citing Restatement (Second) of Torts § 328E (1965) (defining "possessor")).
Nelson admits that she owns her individual unit and sidewalk but argues that the Association and Prairie Property owed her a duty of care as "possessors" and specifically owed a duty to remove snow and ice under the Association agreements. Nelson claims that the Association agreements establish that her sidewalk is part of the "common areas" and "common elements," and also asserts that the Association, and its agent Prairie Property, had a duty to clear snow, ice, and water from her sidewalk under the same agreements. The district court determined that Nelson's sidewalk is part of her individual unit and not part of the "common areas" or "common elements."
We review the terms of a contract de novo. Bus. Bank v. Hanson, 769 N.W.2d 285, 288 (Minn. 2009). When a contract is unambiguous, the "plain and ordinary meaning of the contract language controls." Id. A contract is unambiguous when "it has only one reasonable interpretation." Halla Nursery, Inc. v. City of Chanhassen, 781 N.W.2d 880, 884 (Minn. 2010). "In interpreting a contract, we give effect to all of its terms, and read its terms in the context of the entire contract." Kalenburg v. Klein, 847 N.W.2d 34, 40 (Minn. App. 2014) (citations omitted). We also construe "[a] contract and several writings relating to the same transaction" consistent with each other. Am. Nat'l Bank of Minn. v. Housing & Redevelopment Auth. for City of Brainerd, 773 N.W.2d 333, 337 (Minn. App. 2009).
The Association agreements specifically refer to snow removal in one section. In article III, section 4, the covenants provide, as follows: "The landscaping, mowing and snow clearing of the Common Areas and the individual yards, shall be maintained by the Association." The covenants define "Common Areas" in article I, section 4, as "all real property (including the improvements thereto) to be maintained by the condominium for the common use and enjoyment of the Owners." (Emphasis added.) Thus, the covenants expressly limit common areas to those of common use. The covenants do not define "individual yards," so we turn to its common meaning, the "ground next to, surrounding, or surrounded by a building" and conclude that "individual yards" are the grounds, but not sidewalks, surrounding an individual townhome. The American Heritage College Dictionary 1587 (4th ed. 2007) (defining "yard").
In contrast, the covenants define "unit" in article I, section 5, as "the individual residential dwelling Units as shown on Exhibit A constituting the CIC Plat." We agree with the district court's determination that Nelson's sidewalk is depicted as part of her unit, which includes everything within her lot line in Exhibit A, the CIC plat. Exhibit A also shows "common areas" as not including individual units or yards. Because Nelson's sidewalk falls within her lot lines, and is part of her individual unit and not for common use, we conclude that the Association's snow-removal duty did not include the sidewalk in front of Nelson's individual unit. Moreover, the covenants establish that the Association had a duty to clear snow from the common areas, but did not impose a duty to remove ice or water.
Alternatively, Nelson points to a number of general provisions regarding the Association's maintenance obligations for the "common elements" and argues that those provisions are ambiguous. We are not convinced that general maintenance obligations include snow removal. Burgi v. Eckes, 354 N.W.2d 514, 519 (Minn. App. 1984) (stating "the rule of construction that the specific in a writing governs over the general"). Even assuming this is the case, we are not persuaded by Nelson's argument. Nelson is correct that the bylaws provide that the Board's duties shall include "[o]peration, care, upkeep and maintenance of the common elements." The bylaws also state that "[a]ll maintenance, repair and replacements to the common elements, whether located inside or outside of the Units . . . shall be made by the Board of Managers and be included as part of the common expense."
But we agree with the district court that the declarations unambiguously exempt individual units from the common elements. In paragraph 7, the declarations provide that "[t]he boundaries of each unit shall consist of the lot lines for each townhome." In paragraph 8, the declarations define "Common Elements," as follows:
(Emphasis added.) Similar to the provision about snow removal in the "common areas," the provision about maintenance of the common elements specifically excludes the individual units. Also, the general maintenance duties imposed by the declarations are expressly limited to areas of common use. In contrast, the bylaws establish that general duties of maintenance and repair for each unit fall to the owner of that individual unit.
We conclude that the district court did not err when it determined that the Association and its agent Prairie Property did not owe Nelson a duty to remove snow, ice, or water from the sidewalk in front of her individual unit, based on the Association agreements.
B. Questions of fact exist regarding whether the Association and Prairie Property assumed a duty of care.
"[O]ne who voluntarily assumes a duty must exercise reasonable care or he will be responsible for damages resulting from his failure to do so." Ironwood Springs, 801 N.W.2d at 198. "Whether a duty has been assumed is a question of fact." Id. Nelson relies on Restatement (Second) of Torts § 323 (1965) to establish that the Association and Prairie Property assumed a duty of care. See Funchess v. Cecil Newman Corp., 632 N.W.2d 666, 674 (Minn. 2001) (applying Restatement section 323). The elements of this theory are: (1) a defendant undertakes to provide services to plaintiff (gratuitously or for consideration); (2) the services are necessary for the protection of the plaintiff's person or things; (3) there is a breach of reasonable care in performing the undertaking because either (a) the defendant increases the risk of harm, or (b) the plaintiff relies on the undertaking; and (4) physical harm results. Restatement (Second) of Torts § 323.
On summary judgment, Nelson argued that the Association and its agent, Prairie Property, assumed a duty of care to remove snow, ice, and water from her sidewalk. The district court initially determined that any duty to remove snow from Nelson's sidewalk was limited to a snowfall of two or more inches. Nelson admitted this duty was not breached and that she was responsible to remove snow of less than two inches. Based on this allocation of duties, the district court concluded that respondents had no duty to protect Nelson from a "buildup of ice, water, or snow on her individual sidewalk."
On appeal, Nelson has narrowed her theory on this issue and argues that the district court erred because, on the day of her fall, Prairie Property promised Nelson that it would "take care" of the ice and water on her sidewalk. Because Nelson's testimony on this promise is undisputed and we must view the evidence in the light most favorable to Nelson, we conclude that reasonable persons could draw different conclusions as to whether the Association and Prairie Property assumed a duty to remove ice and water from Nelson's sidewalk. See Ironwood Springs, 801 N.W.2d at 200 (reversing summary judgment for respondent who volunteered to remove snow and ice for landowner, creating question of fact on whether respondent assumed a duty of care).
Respondents contend that Nelson's theory fails because she offered no evidence of reliance on Prairie Property's promise to remove ice and water. We reject respondents' argument for two reasons. First, reliance may be, but is not always, required to establish assumption of a duty under section 323, which states that the breach of assumed duty must either increase the risk of harm or cause harm because of reliance. Restatement (Second) of Torts § 323.
Second, and more importantly, reliance is generally a fact question. See Campbell v. Ins. Serv. Agency, 424 N.W.2d 785, 791 (Minn. App. 1988) (reversing directed verdict in favor of defendant and remanding for jury trial because fact dispute existed whether plaintiff actually relied on defendant's assumption of duty); see also Ironwood Springs, 801 N.W.2d at 202 (reversing summary judgment award under Restatement section 324A where genuine fact dispute existed regarding plaintiff's reliance on defendant's undertaking). In its brief discussion of this issue, the district court stated that, when Nelson returned from her son's home on March 1, she saw her sidewalk and knew respondents had not removed snow, ice, or water, and that she therefore did not rely on Prairie Property's promise.
We conclude that the record evidence supports conflicting inferences. One inference is that Nelson tried to remove water that day because she did not rely on Prairie Property to remove ice and water from her sidewalk. Evidence supporting this inference includes Nelson's observation of water on the sidewalk and her usual practice of not using the sidewalk during winter. Another inference is that Nelson relied on Prairie Property to remove ice and water on March 1. Evidence supporting this inference is that Nelson did not usually shovel or otherwise maintain her sidewalk during the winter and she called Prairie Property on March 1 to ask for removal of ice and water on her sidewalk. The district court erred in drawing an inference adverse to Nelson where the evidence reasonably supports a favorable inference.
Because questions of fact exist regarding whether the Association and Prairie Property assumed a duty by undertaking to remove snow, ice, and water from Nelson's sidewalk on March 1 and whether Nelson relied on any undertaking, the district court erred when it granted summary judgment in favor of the Association and Prairie Property on this theory.
C. The district court erred in determining that respondents had no duty because the ice on Nelson's sidewalk was a known or obvious danger.
A landowner or possessor has no common-law duty to warn a person of known or obvious dangers. Baber v. Dill, 531 N.W.2d 493, 496 (Minn. 1995). Whether no duty exists because the danger is known or obvious is a legal determination that is reviewed de novo; and, because this issue determines existence of a duty, a court must consider this issue before assumption of the risk. Id. at 495.
Minnesota has adopted the Restatement (Second) of Torts § 343A (1965), which provides that a possessor of land is not liable to others for physical harm caused by any activity or condition "whose danger is known or obvious to them, unless the possessor should anticipate the harm despite such knowledge or obviousness." Id. at 495-96. The Minnesota Supreme Court has said that "[t]he difference between open and obvious dangerous activities and conditions for which the possessor should anticipate harm and those activities and conditions for which the possessor should not anticipate harm because they are so open and obvious is a fine one, but one that we choose to make." Id. at 496 (holding no duty existed because plaintiff assisted in creating dangerous condition that caused injury). To be known or obvious, a danger "must not only be known to exist, but it must also be recognized that it is dangerous." Louis v. Louis, 636 N.W.2d 314, 321 (Minn. 2001). "[W]hat constitutes an `obvious' danger is an objective test: the question is not whether the injured party actually saw the danger, but whether it was in fact visible." Id.
The district court relied on section 343A and concluded that respondents owed no duty because Nelson was aware of the "snow and ice buildup" on her sidewalk during the winter months, aware of "water and ice buildup" and saw "water was pooling on top of the accumulated ice on the sidewalk" on the day she fell, and "[j]ust before she chose to step out onto the sidewalk, she again observed those same conditions." Nelson contends that this was error because it was undisputed that the ice buildup was melting during the day that she fell and, while she saw and reported ice to Prairie Property earlier in the day, she observed "all water" on the sidewalk just before her fall.
We conclude there is a fact question whether the ice on Nelson's sidewalk was a known or obvious danger for two reasons. First, Nelson offered the only evidence of sidewalk conditions just before she stepped on it. In Nelson's deposition, respondents repeatedly questioned Nelson about the sidewalk conditions and she testified in various ways. Nelson consistently testified that the sidewalk was covered by snow, ice, and water earlier in the day, before she called Prairie Property. Nelson also testified that, after she returned at 6:30 p.m., the sidewalk was "clear water"; later, she agreed with a question that there was "clear water over the top" of ice. She testified that, after she fell and was lying on the sidewalk waiting for help, she was in a "lot of water," maybe three to four inches, and "I thought it was all water." Nelson further testified that she did not know if she could see ice when she stepped out her door. Because we must view the evidence in the light most favorable to the non-moving party and do not consider credibility on summary judgment, we conclude that Nelson's testimony, if believed, establishes a fact question. See Hoyt Props., Inc. v. Prod. Res. Grp., L.L.C., 736 N.W.2d 313, 320 (Minn. 2007) (stating that a court may not make credibility determinations on summary judgment).
Second, given our determination that this record creates a fact issue regarding whether the Association and Prairie Property assumed a duty to remove ice and water on the day Nelson fell, it seems likely that the known-or-obvious-danger doctrine does not apply. A possessor of land is not relieved of a duty of care when it "can and should anticipate that the dangerous condition will cause physical harm." Peterson v. W. T. Rawleigh Co., 274 Minn. 495, 497, 144 N.W.2d 555, 557-58 (1966) (holding known-or-obvious-danger doctrine did not eliminate defendant's duty of care for icy parking lot because it could anticipate use by invitees). Based on Nelson's undisputed testimony that she alerted Prairie Property to the conditions on her sidewalk on the day she fell, and that Prairie Property responded that it would "take care" of the problem, we conclude that a fact issue arises whether Prairie Property anticipated the dangerous condition, thus, the district court erred in granting summary judgment.
II. The district court erred when it determined that respondents had no duty because Nelson assumed the risk.
Minnesota recognizes two types of assumption of the risk. Primary assumption of the risk occurs when a plaintiff "voluntarily enters into a relationship in which the plaintiff assumes well-known, incidental risks" and "consents to look out for himself and relieve the defendant of his duty." Schneider v. Erickson, 654 N.W.2d 144, 148 (Minn. App. 2002). Primary assumption of the risk is not an affirmative defense. Armstrong v. Mailand, 284 N.W.2d 343, 348 (Minn. 1979). Rather, it is a complete bar to a plaintiff's recovery because if a plaintiff primarily assumed the risk, the defendant owed the plaintiff no duty of care. Daly v. McFarland, 812 N.W.2d 113, 119 (Minn. 2012). But primary assumption of the risk is rarely applied in Minnesota, and is "limited to certain types of circumstances," such as cases involving inherently dangerous sports. Id. at 120; Renswick v. Wenzel, 819 N.W.2d 198, 205 (Minn. App. 2012) ("A finding of primary assumption of the risk is a rare thing in Minnesota."), review denied (Minn. Oct. 16, 2012). If the primary-assumption-of-the-risk doctrine applies, "[w]hether a party has primarily assumed the risk is usually a question for the jury, unless the evidence is conclusive." Schneider, 654 N.W.2d at 148.
Secondary assumption of the risk is "an affirmative defense to an established breach of duty which may only be raised when the plaintiff has voluntarily chosen to encounter a known and appreciated danger created by the negligence of the defendant." Rusciano v. State Farm Mut. Auto. Ins. Co., 445 N.W.2d 271, 273 (Minn. App. 1989) (quotation omitted). "Secondary assumption of risk is a form of contributory negligence." Id. (quotation omitted). Because secondary assumption of the risk is fault that is apportioned under the comparative-negligence statute, it does not bar plaintiff's claim and instead generally raises a fact question for the jury. Iepson v. Noren, 308 N.W.2d 812, 816 n.1 (Minn. 1981); Springrose v. Willmore, 292 Minn. 23, 24-25, 192 N.W.2d 826, 827 (1971). "The basic elements of primary and secondary assumption of the risk are the same and include whether the plaintiff had (a) knowledge of the risk, (b) an appreciation of the risk, and (c) a choice to avoid the risk but voluntarily chose to take it." Schneider, 654 N.W.2d at 149.
Nelson contends that the district court erred because it did not view the evidence in the light most favorable to her as the non-moving party. Nelson argues that "she reasonably believed that the ice had melted into water" before she stepped onto her sidewalk. In contrast, the district court concluded that "a reasonable person in [Nelson's] position would understand the dangers of stepping onto a sidewalk that is known to be covered in water with a layer of ice underneath." We conclude that the district court erred.
First, it is unclear whether the district court applied primary or secondary assumption of the risk. We conclude that primary assumption of the risk does not apply because this doctrinal bar to all recovery is generally limited to inherently dangerous sporting activities. Daly, 812 N.W.2d at 120 (declining to apply primary-assumption-of-the-risk doctrine to snowmobiling accident). Previous appellate decisions have recognized that walking over a known icy or slippery surface may raise questions of comparative fault, but does not bar a claim. See, e.g., Lillemoen v. Gregorich, 256 N.W.2d 628, 632-33 (Minn. 1977) (reversing directed verdict for defendant and remanding for jury trial because evidence established that defendant-landlord did not provide proper roof coverage or drainage for melting ice, but plaintiff-tenant knew steps where he fell were icy); Johnson v. Alford & Neville, Inc., 397 N.W.2d 591, 593-94 (Minn. App. 1986) (affirming jury verdict in favor of plaintiff and determination that she was not contributorily negligent when she slipped and fell on icy pavement); Olson v. City of St. James, 380 N.W.2d 555, 558-59 (Minn. App. 1986) (reversing directed verdict and remanding for jury trial where plaintiff slipped on icy sidewalk, even though evidence established plaintiff knew of icy conditions and usually avoided sidewalk).
Second, secondary assumption of the risk does not support summary judgment on this record because fact questions exist on all three elements: whether Nelson knew or should have known her sidewalk was icy at the time of her fall, whether Nelson appreciated the risk of falling, and whether Nelson could have chosen to avoid the risk, but voluntarily chose to take it.
Here, it is undisputed that Nelson did not ordinarily use the sidewalk in the winter months because it was covered with ice and that she stepped onto her sidewalk voluntarily after observing wet and icy conditions during the morning before she fell. It is also undisputed, however, that Nelson complained to Prairie Property about her sidewalk conditions, and Prairie Property promised to "take care" of the sidewalk. Nelson essentially admitted that, after she returned home, she decided to clear the sidewalk herself. But record evidence establishes that March 1 was a warm, sunny day, and snow and ice had been melting onto Nelson's sidewalk. Nelson also testified that when she stepped onto the sidewalk, she did not expect there to be ice underneath the water because she saw "all water." Accordingly, the district court erred in granting summary judgment in favor of the Association and Prairie Property on Nelson's assumption of the risk because the record evidence raises questions of fact for the jury.
III. The district court erred in concluding that there was no question of fact regarding causation.
The district court determined that "evidence of causation is clearly lacking" because it was "more likely than not that the dripping water from the roof is what subsequently caused the accumulation of ice or water" and caused Nelson to slip and fall. But causation is a fact question for the jury. Ironwood Springs, 801 N.W.2d at 200. A jury may ultimately agree with the district court and reject Nelson's claim. See Mattson v. St. Luke's Hosp. of St. Paul, 252 Minn. 230, 234-35, 89 N.W.2d 743, 746 (1958) (holding that land possessor's duty to maintain premises in reasonably safe condition "does not require that outside steps be kept free of ice at all times but permits a reasonable length of time for the removal of the ice" when precipitation is continuous); Frykman v. Univ. of Minn.-Duluth, 611 N.W.2d 379, 381 (Minn. App. 2000) (same, and noting that whether defendant acted reasonably in clearing ice is fact question for jury). But because genuine issues of material fact remain regarding whether the Association and Prairie Property assumed a duty of care, and whether Nelson was at fault, the district court erred in concluding that there was no fact question for the jury to decide whether the Association's or Prairie Property's negligence was the proximate cause of Nelson's injury.
IV. The district court did not err in granting summary judgment to Pro Landscapers and Hansen.
The district court determined that, because the Association and Prairie Property did not owe Nelson a duty of care, Pro Landscapers and Hansen also did not owe Nelson a duty of care. Nelson only briefly mentions Pro Landscapers and Hansen in her appellate brief and makes no argument specific to either of these two respondents. As a result, it is unclear whether Nelson challenges this portion of the summary-judgment decision on appeal. Nonetheless, we first address whether Pro Landscapers and Hansen owed Nelson a duty of care, and then analyze whether either respondent assumed a duty of care.
Neither Pro Landscapers nor Hansen was a party to the Association agreements with unit owners. There is also no evidence that Nelson ever communicated directly with Pro Landscapers or Hansen. Pro Landscapers had a limited contract with Prairie Property, and the contract did not specifically cover work on Nelson's unit. Pro Landscapers' contract obligated it to remove snow from Water's Edge after a snowfall "event" of two inches or more. Pro Landscapers offered evidence, not rebutted by Nelson, that Prairie Property made no requests for sanding, salting, additional snow removal, ice removal, and/or other remediation during the winter of 2012-13. Also, in performing its regular contract, Pro Landscapers removed snow at Water's Edge on February 18, 2013, and did not work there again until after Nelson's fall.
Hansen had no written contract or standing oral agreement with Prairie Property. Hansen performed odd jobs at Water's Edge on an "on call" basis. Nelson did not present any evidence that Hansen was hired to complete work at Water's Edge on any date other than February 25, 2013, four days before Nelson fell. No evidence establishes that Hansen worked at Nelson's unit on February 25 and Hansen did not return to Water's Edge until after Nelson's fall. We conclude that neither Pro Landscapers nor Hansen owed Nelson a duty of care regarding the condition of her sidewalk on the day of her fall.
We also conclude that there is no genuine issue of material fact that Pro Landscapers or Hansen assumed a duty of care. Even if a jury were to decide that Prairie Property assumed a duty of care, there is no evidence that Prairie Property contacted Pro Landscapers or Hansen on March 1 and asked either respondent to clear the snow, ice, or water from Nelson's sidewalk. Viewing the evidence in the light most favorable to Nelson, there is no evidence linking Prairie Property's promise to "take care" of Nelson's sidewalk to Pro Landscapers or Hansen.
Because Pro Landscapers and Hansen did not owe or assume a duty of care regarding Nelson's sidewalk, Nelson cannot recover on her negligence claim and the district court did not err in granting summary judgment in favor of Pro Landscapers and Hansen.
While Nelson responded affirmatively to the question, she also stated "that's why I peeked mostly," which, when viewed favorably to the non-moving party, suggests that she looked to determine whether Prairie Property had removed the water as she requested. Nelson did not affirmatively state that "nobody had been there."


text:
Duck Fart
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Recipe by Queen uh Cuisine
An Alaskan original created more than 20 years ago in Anchorage, this layered cocktail is said to be named for the sound you'll make after drinking one. Enjoy :)
See Discussion:
Ingredients Nutrition
- 1 ounce Kahlua
- 1 ounce Baileys Irish Cream
- 1⁄2 ounce Crown Royal whiskey, whisky
Directions See How It's Made
- Pour Kahlúa into a 3-ounce shot glass.
- Using the convex side of a bar spoon, slowly pour Baileys over the Kahlúa, making sure not to disturb it, to create a layered effect.
- Using the same technique, layer the Crown Royal over the Baileys.
- Drink up -- .


text:
Voice Chat for Google Talk HD
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-Google®, Google Talk®, Google Talk logo are trademarks of Google Inc.
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FOR HELP WITH Voice Chat
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or contact us by email at: firstname.lastname@example.com
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iPad Screenshots
Customer Reviews
It's ok
I think that it is cool and it is what I was looking for. I just wish the design was a little better. Maybe a little sleeker, and maybe a different color besides green. And for all you people who don't find this app useful and mistakes it for google voice, just get the free app specially made for google voice! Maybe that would work😃.
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For some reason I thought that this would enable me to take full advantage of Google Voice. It does not. It is merely a Google Chat client. It will allow voice chat, but one cannot make proper Google Voice calls. Nor does it allow for text messaging. Bah.
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I was looking for an app that replicated gtalk on my PC and allow me to do the voice chat. This does it very well. I would vice it 5 stars If I could have picture emoticons too.
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- Language: English
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- © Vicono Inc.
Compatibility: Requires iOS 4.0 or later. Compatible with iPad.


text:
Players continue to battle as heat wave grips Australia
At least the heat should be subsiding. The temperature dropped considerably to 32 (90F) during the event matches and lowered again to 23 C (73 F) when rain interrupted the night matches. Saturday's forecast is for a maximum of 23C (73 F).


text:
Statefotech.net made a video to show you how easy you can create GIFs on your iPhone and iPad using Gif Studio.
Click this link to see the video.
By the way, Oxford Dictionairies choose GIF as the word of 2012, as a verb! This means that the first sentence on this page could be written like this: Stateoftech.net made a video to show how to gif easily on your iPhone and iPad using Gif Studio.
Gif – Graphics Interchange Format – had its 25th birthday in 2012.


text:
Actually I prefer to talk about the institutional theme rather than a turn, as explained in the paper.
This has been sent to the editors of the collection to meet the mid-year deadline but it may not be too late to make changes because the editors will have a good look at the papers before finalizing the list for publication.
The Joe Agassi collection should appear from the press some time soon!
Rafe Champion
This paper is a tribute to two books which were inspired by Karl Popper, The Republic of Science by Ian Jarvie and The Organization of Inquiry by Gordon Tullock. Jarvie's book attracted little attention and Tullock's book has hardly been noticed in the Popper literature and so this is a belated call for recognition of their efforts. The paper contains a summary of the main theme of The Republic of Science and suggests that the social or institutional theme provides a common thread in Popper's philosophy of science and his approach to politics, a theme which is shared with Hayek's work on law, legislation and liberty. Space permits only a limited commentary on Tullock's powerful and subtle argument which is relevant to concerns about the governance of science today.
For English-speaking people Popper first signaled what Jarvie called his "social turn" in Chapter 23 of The Open Society and Its Enemies and in Sections 31 and 32 of the Poverty of Historicism. Popper confronted Karl Mannheim's exposition of the Marxist doctrine that our beliefs are determined by class interest and by the social and historical situation of our time. In defence of scientific objectivity Popper turned the sociology of knowledge on its head by arguing that its focus on the origin of subjective beliefs did not engage with its proper object of inquiry, namely knowledge as a public or social product. He claimed that the objectivity of science comes from the process of more or less free criticism in the scientific community.
"It may be said that what we call 'scientific objectivity' is not a product of the individual scientist's impartiality, but a product of the social or public character of scientific method; and the individual scientist's impartiality is, so far as it exists, not the source but rather the result of this socially or institutionally organized objectivity of science." (Popper 1996 220)
Hence scientific objectivity is a situational or institutional problem which calls for such things as theoretical pluralism, clear formulation of the problems that the theories are supposed to solve, the design of critical experiments, the existence of journals, seminars and conferences to facilitate critical discussion. Some of these requirements have to be provided by individual scientists, especially new ideas and imaginative criticism while others call for institutions, including political institutions to maintain the autonomy of the journals and the research institutes.
In The Poverty of Historicism Popper carried the institutional analysis further in his argument against the psychological approach of Comte and Mill to explain scientific and industrial progress [Note 1]. He adopted the counter-intuitive procedure of trying to imagine conditions under which progress would be arrested.
"By closing down or controlling laboratories for research, by suppressing or controlling scientific periodicals and other means of discussion, by suppressing scientific congresses and conferences, by suppressing Universities and other schools, by suppressing books, the printing press, writing, and, in the end, speaking. All these things which indeed might be suppressed (or controlled) are social institutions…Scientific method itself has social aspects. Science, and more especially scientific progress, are the results not of isolated efforts but of the free competition of thought. For science needs ever more competition between hypotheses and ever more rigorous tests. And the competing hypotheses need personal representation, as it were: they need advocates, they need a jury, and even a public. This personal representation must be institutionally organized if we wish to ensure that it works." (Popper 1961 154-5)
Turning to Jarvie's The Republic of Science, this book aroused little interest when it was published in 2001, too late for mention in Fuller's The Governance of Science which first appeared in 2000. Wettersten wrote a critical appraisal (Wettersten 2006) and Heclo acknowledged it as an influence in On Thinking Institutionally (2008). In view of the limited circulation of the contents it is probably helpful to sketch the main lines of the argument.
The dust jacket announces:
"This book offers a careful re-reading of Popper's classic falsificationist demarcation of science, stressing its institutional aspects. Ian Jarvie tracks Popper's social thinking about science, individuals, institutions, and rationality through The Poverty of Historicism and The Open Society and Its Enemies as he criticised and improved his earlier work. New links are established between the works of the 1935-1945 period, revealing them as a source for criticism of the institutions and governance of science."
Jarvie found a "social turn" in Popper's first published work. He clearly took to heart one of Popper's favourite catch phrases "We never know what we are saying" meaning that our theories have contents and consequences that we do not realize. He suggested that Popper, for all his resistance to the sociological approach, in fact anticipated it. Some comment is required regarding Jarvie's use of the term "social turn" because this has created a deal of confusion in discussing this work with friends of Popper and others who ask whether this "turn" marked a change in Popper's thinking or a deviation from the line of the logical positivists. It may be more helpful to talk about the social or institutional theme in Popper's work and so my gloss on Jarvie's thesis is that a significant achievement of Logik der Forschung was to emphasise the need for a critical approach to methodological procedures and conventions which function as rules of the game in science. That aspect of the book was generally overlooked because commentators and critics concentrated on the concerns which Popper shared with his opponents, notably the problems of demarcation and induction.
For those who are equally interested in Poppers work in the philosophy of science and politics the critical approach to the rules of the game can be seen as a theme which is common to both. One of the functions of the philosophy of science is to formulate and criticize the rules of the game of science while political philosophers may do the same for the rules of social and political life. Some of these rules are written laws, regulations, protocols and procedures and others are unwritten customs and habitual practices. In science these would appear to include what Polanyi called "tacit knowledge".
The Introduction, 'Science as an Institution', sets out the major issues in the complex relationship between science and society. The word science may refer to a body of public knowledge, a set of beliefs about the world, the whole range of activities performed by scientists, some subset of those activities that are supposed to be special, the complex of social and political institutions which support and influence the activities of scientists. Jacques Barzun wrote wrote an important book with the unlikely title of Science: The Glorious Entertainment and Popper referred to scientific research as possibly the ultimate example of roundabout production, a concept from Austrian economics. Jarvie surveyed various approaches including the positivist and falsificationist demarcation principles and Merton's account of the distinguishing features of scientific knowledge.
Chapter 1 unpacks the hidden elements of the "social turn" in Popper's early philosophy of science. Jarvie identified a number of procedural rules which constitute what he calls Popper's "proto-constitution of science". This is the foundation of his project and it is spelled out in some detail, drawing from Logik der Forschung.
"My argument will be that thinking socially (rather than logically or psychologically) is central to Popper's philosophical enterprise beginning with [the German prototype of] The Logic of Scientific Discovery, continuing for his ten most creative years, and emerging sporadically after that. Popper's consistent ability to think socially also does much to account for his originality, since it is hard to do and its difficulty is attested by how often readers and critics of Popper do not grasp that this is what he is doing." (The Republic of Science 21).
Jarvie argued that the roots of Popper's social/institutional thinking can be traced back to Logik der Forschung but after The Open Society and Its Enemies Popper did not expanded on the theme. Wettersten suggested in The Internet Encyclopedia of Philosophy "He was so concerned not to explain away scientific knowledge as a mere social phenomena that he did not engage in the social studies of science even though his view called for such studies." This looks like an example of "snowblindness", a term which Arthur Koestler used in The Act of Creation to refer to "that remarkable form of blindness which often prevents the original thinker from perceiving the meaning and significance of his own discovery" (Koestler 1969 217-21).
The second chapter is 'Popper's 1935 Proto-Constitution for the Republic of Science'. This contains Popper's supreme or meta-rule (SR) and 14 subsidiary rules (R1 to R14), which constitute the rudimentary scaffolding for Popper's republic of science.
SR: The other rules of scientific procedure must be designed in such a way that they do not protect any statement in science against falsification.
R1: The game of science is, in principle, without end. He who decides one day that scientific statements do not call for any further test, and that they can be regarded as finally verified, retires from the game.
R2. Once a hypothesis has been proposed and tested, and has proved its mettle, it may not be allowed to drop out without 'good reason' (LScD 53-54).
The "supreme rule" and the first two subsidiary rules were proposed by Popper and Jarvie identified additional rules in the text of Popper's book.
R3. We are not to abandon the search for universal laws and for a coherent theoretical system, nor ever give up our attempts to explain causally any kind of event we can describe (LScD 61).
R4. I shall…adopt a rule not to use undefined concepts as if they were implicitly defined (LScD 75).
R5. Only those auxiliary hypotheses are acceptable whose introduction does not diminish the degree of falsifiability or testability of the system in question but, on the contrary, increases it (LScD 83).
R6. We shall forbid surreptitious alterations of usage (LScD 84).
R7. Inter-subjectively testable experiments are either to be accepted, or to be rejected in the light of counter-experiments (LScD 84).
R8. The bare appeal to logical derivations to be discovered in future can be disregarded (LScD 84).
R9. After having produced some criticism of a rival theory, we should always make a serious attempt to apply this criticism to our own theory (LScD 85n).
R10. We should not accept stray basic statements – i.e logically disconnected ones – but…we should accept basic statements in the course of testing theories; or raising searching questions about these theories, to be answered by the acceptance of basic statements (LScD 106).
R11. This makes our methodological rule that those theories should be given preference which can be most severely tested…equivalent to a rule favouring theories with the highest possible empirical content (LScD 121).
R12. I propose that we take the methodological decision never to explain physical effects, i.e. reproducible regularities, as accumulations of accidents (LScD 199).
R13. A rule…which might demand that the agreement between basic statements and the probability estimate should conform to some minimum standard. Thus the rule might draw some arbitrary line and decree that only reasonably representative segments (or reasonably 'fair samples') are 'permitted', while a-typical or non-representative segments are 'forbidden' (LScD 204).
R14. The rule that we should see whether we can simplify or generalize or unify our theories by employing explanatory hypotheses of the type mentioned (that is to say, hypotheses explaining observable effects as summations or integrations of micro events) (LScD 207).
Jarvie's commentary on the "constitution" begins with the reminder that it is very incomplete and very abstract, as though the whole of science is a kind of debating society, leaving out of account a great deal of gritty reality, such as the question of leadership. He noted Polanyi's discussion in Personal Knowledge of rules in scientific practice which he called maxims . Polanyi considered that these are "tacit", picked up in the process of training and induction into the scientific community. They are interpreted and administered by the leadership of the scientific community but they do not include any guidelines for critical appraisal and reform of the maxims even in the republic itself, much less by outsiders.
Chapter 3 "The Methodology of Studying Social Institutions" takes up three topics in The Poverty of Historicism; first Popper's ideas about the emergence of institutions, second his ideas about individuals and their function in science and third his ideas on rationality and the scope for objectivity and testing in the human sciences. He was influenced by the ideas of Carl Menger and the "Austrian school" of social and economic thought which were "in the air" in Vienna at the time. Two of the central "Austrian" doctrines which Popper took on board are the theory of the origin of social institutions and methodological individualism.
In chapters four and five on The Open Society and its Enemies Jarvie aimed to capture Popper's published ideas over the decade 1935 to 1945, avoiding the complications of subsequent changes to the original texts. This is where a problem of organisation becomes apparent, partly due to the density of argument. Popper spent several hundred pages to spell out his arguments and Jarvie in a hundred pages set out to convey the gist of those arguments along with his first take on the way that Popper's ideas about society enrich his ideas about science and vice versa. There are two or three books in here, jostling for attention. There is the strong thesis regarding Popper's "social turn"; the analogy between Popper's approach to the rules of the game in science and society; the parallels between Popper and the "Austrians" in the methodology of the social sciences; the exegesis of The Open Society and Its Enemies; and the implications of all of the above in working out the relationships between science (in all its various aspects) and society (and politics).
Many issues arise from the troubled relationship between science and politics since applied science became vital for national defence and pure science moved beyond the point where people could win Nobel Prizes with equipment purchased from the local hardware shop. Much of Jarvie's discussion on these matters is directly or indirectly concerned with the governance of science (another book trying to get out) and Steve Fuller's comments on these parts of the book will be welcome.
Implications and Applications
Moving on to the implications and applications of the social/institutional approach by Popper and others.
- A common thread in Popper's philosophy of science and his approach to social and political issues.
- A common thread in Popper and Hayek.
- The governance of science.
Regarding 1 and 2 Popper's criterion for the value of his proposals in Logik der Forschung was their utility in helping scientists to get on with their work. He didn't quite put it like that, he referred to "their fertility – their power to elucidate the problems of the theory of knowledge" (LScD 38). The point is that working scientists are disadvantaged if they operate with dysfunctional ideas in the theory of knowledge such the notion that they should start with observations. The working scientists applauded, notably Einstein, Medawar, Monod, Eccles and countless others including soil scientists in New Zealand, Melbourne and Adelaide.
The point is to begin with the right questions, that is, questions which facilitate purposeful and effective action both in the experimental sciences and in social and political matters. Collingwood made the same point in writing about "the logic of question and answer" (Collingwood 1957 Chapter V). Working scientists are expected to carry out experiments and make observations. They have to be active and Popper's proposals (rules) can be applied to their activities including their deliberations before and after experimental and observational work. In the realm of politics and social action Popper similarly provided some rules, starting with the suggestion to use the language of political demands or proposals instead of the language of essentialism and historicism.
For example while the essentialist wants to find the essence of justice (or the state) and the historicist wants to look at the history of the state or the way things are going Popper suggested that we should consider what we want from our system of justice and from the state.
"In a clear presentation of this theory [of the protective state], the language of political demands or of political proposals should be used; that is to say, we should not try to answer the essentialist question: What is the state, what is its true nature, its real meaning? Nor should we try to answer the historicist question: How did the state originate, and what is the origin of political obligation? We should rather put our question in this way: What do we demand from a state? What do we propose to consider as the legitimate aim of state activity?" (Popper 1966 109 my emphasis)
That is not to dismiss studies which search for patterns or regularities in social or political processes. Similarly, we do not dismiss historical studies, it means that we do not confuse trends with laws and it means that we do not have to submit to historical tendencies like ruin of democracy under communism in Russia and state socialism in Germany.
Hayek took a similar approach in The Constitution of Liberty where he discussed the pros and cons of democracy. He noted that the power of the state was not expected to be a problem after power came into the hands of the people because the new rulers (replacing kings, emperors and despots) would not harm themselves. However the people are represented by politicians, parties and factions which are not under the immediate control of the people. Hence the danger of the abuse of power persists under democracy "But it is not democracy but unlimited government which is objectionable…It is not who governs but what government is entitled to do that seems to me the essential problem." (Hayek 1976 403 my italics)
Compare that with Popper's criticism of the idea that the question of sovereignty (who shall rule) is a fundamental issue in politics. "It is high time for us to learn that the question 'who is to wield the power in the state?' matters little as compared with the questions 'how is the power wielded' and 'how much power is wielded?'" (Popper 1966 162). Writing on Marxism and revolutionary violence Popper pointed to the need for "rules of engagement" for the use of violence by the state both in defence of the realm and in policing law and order. This approach calls for rules for revolutionary violence in the extreme situation where the rulers cannot be dismissed by democratic means.
Hayek's last book The Fatal Conceit (edited by Willliam W. Bartley) pulled together the threads of his project on rationality, law and liberty [Note 2]. He argued the case for the importance of evolved moral conventions which he called the 'extended moral order' of western civilization including rules related to markets and especially dealings in private property. Other important rules concern honesty, contracts and privacy. Popper also referred to the vital function of the moral framework of society (Popper 1963 Chapter 17) and more recently Deirdre McCloskey has written extensively on the "the bourgeois virtues" and related matters (McCloskey 2006 and 2010). Popper and Hayek can be glossed as discovering, criticizing and improving those principles which function as the rules of the game in social life.
"The 'rules of the game' range from the possibly innate rules of grammar, through the tacit knowledge of local traditions and folkways to the rules of games and other codified forms of procedure. They include the laws of the land embodied in common law, statutes and constitutions. At another level they include the unformalized rules of the moral framework which Popper noted in his essay "Public Opinion and Liberal Principles". The study of these rules would need to probe the way that different sets of rules support or undermine each other and the effect of changing from one set to another. This would be essentially an ecological study with the emphasis on unintended 'downstream' effects of changes in the prevailing order. This does not imply a rigidly conservative attitude to the status quo, it merely signals that we need to learn from our conscious or unconscious social experiments. This approach would supplement the methods of conceptual analysis and crude 'positivist' empirical description of social and political systems. It would have the theoretical advantage of linking disciplines and the practical merit of being continually in touch with problems and their possible solutions." (Champion 1992)
This is a program which might engage followers of Wittgenstein if they pursue their interest in "life games" and "forms of life" into problems of politics and public administration.
The governance of science
Popper's reference to the institutional context of science in The Poverty of Historicism points to the governance of science which became a big issue in Britain when Marxists such as Bernal pushed for government control of the national research effort (Bernal 1939). This provoked a reaction to defend autonomous science led by Michael Polanyi and in this context he wrote "The Republic of Science: Its Political and Economic Theory" published in Minerva (1962). For an account of this episode and a survey of the range of issues involved, see Ravetz Scientific Knowledge and its Social Problems (1971).
Other postwar developments intensified the issue of governance, notably the rise of Big Science and the official discovery of the phenomenon of "normal science". Big Science refers to the major research and development projects on the model of the Manhattan Project which transformed the scientific and academic landscape (Shills 1972, Greenberg 2001). In his unpublished lectures Popper referred to the menace of Big Science with too much money chasing too few ideas and other adverse effects. Speaking from a very different vantage point President Eisenhower in his farewell speech to the nation in 1961 warned that the nation's scholars might be dominated by Federal employment and project allocations.
"…the power of money is ever present – and is gravely to be regarded. Yet, in holding scientific research and discovery in respect, as we should, we must also be alert to the equal and opposite danger that public policy could itself become the captive of a scientific-technological elite."
Then came Kuhn's account of normal science which was taken up in some quarters as a recommendation about the proper way to go, especially in the social sciences which were keen to copy the more prestigious disciplines (Notturno 1984).
A more recent development is a rapidly-growing literature on problems in the quality of published research. Richard Horton in his capacity as editor in chief of Lancet wrote "The case against science is straightforward: much of the scientific literature, perhaps half, may be simply untrue…Science has taken a turn towards darkness" with reference to small sample sizes, invalid analyses, conflicts of interest and obsession with fashionable trends (Horton 2015). There is concern about the increasing incidence of retractions and the higher rate of retractions in high impact journals (Fang et al 2011) and the dangerous liaison of science and politics (Butos and McQuade 2006). Less than 12% of articles in 2004 in The Journal of Economic Theory passed three tests – stating a theory, explaining why it mattered and testing it (Klein and Romaro 2007). There are problems of replication of results and politicization in some fields such as climate science . Another concern is the declining publication of negative results (Fanelli 2012) and it would be interesting to explore if this has any basis in the persistent teaching of confirmation theory rather than critical rationalism in epistemology and the philosophy of science.
The economist Gordon Tullock (1922-2014) was inspired by his contact with Popper to make a significant but little appreciated contribution to the literature on the governance of science. He is regarded as one of the most gifted and innovative economists not to win a Nobel Prize [Note 3]. In The Organization of Inquiry (1966) he approached the topic of scientific research and publication as a student of legal, social and economic systems to sketch a scenario for the decline of a scientific discipline, given a particular combination of motivational factors and institutional incentives.
Concerning the people who engage in pure and applied research he identified three kinds of curiosity:
1. Pure curiosity and compulsion to find how the world works. This drives the great scientists.
2. The passionate desire to solve practical problems. This drives the great builders and engineers.
3. "Induced curiosity" directed to either pure or applied problems.
The researchers with induced curiosity are those who do not have a consuming passion for research but do it as a job. The most obvious examples are academic staff who have to "publish or perish" in the struggle for tenure and promotion and the scientists who work "nine to five" in public and private research laboratories. Of course outstanding work can be produced by academics seeking promotion and even by nine to five scientists but Tullock's analysis addressed some tendencies which could emerge in a system where more and more of the workers have "induced" curiosity and less and less (in proportion) harbour a burning commitment to the quest.
Closely related to the motives of the investigators is their concern for the quality of the work and their willingness to test their assumptions and their results. Tullock noted that the dedicated truth seeker and also the serious practical problem-solver must pay close attention to reality to align their ideas with it and this demands constant testing and critical evaluation. In contrast, the researcher who is only aiming to publish to satisfy the requirements of an employer or grant-giving agency can be happy with results that are merely publishable even if they are not robust. As Tullock put it, scientific concern with the real world can run second to other matters.
"If he could establish and maintain his reputation, and hence his job, by reporting completely fictional discoveries, this would accomplish his end. While an investigator motivated by curiosity or practical utility must, of necessity, concern himself with real phenomena, the man motivated by induced curiosity could, if the risk of discovery were not great, simply ignore reality." (Tullock 1965 56)
He suggested that a self-perpetuating process could occur in a journal or a field of research dominated by investigators with induced curiosity (or "normal" or "uncritical scientists") so the work could "gradually slip away from reality in the direction of superficially impressive but actually easy research projects". The peer review process is designed to avert such a decline however if the reviewers are too closely associated with the authors either personally or by membership of a school of thought then the rigor of the process may suffer. Tullock speculated that this would be most likely to happen in a field dominated by "induced" and "normal scientists" rather than the dedicated truth seekers. Towards the end of that slippery slope is the situation where there is a widespread belief in the field that the function of the researcher is to support a "side" on some issue. Simply presenting a rationalization for some position chosen on other grounds may be acceptable as an objective of research, and the principal criterion in judging journals may become their points of view.
"The concern with reality that unites the sciences, then, may be absent in this area, and the whole thing may be reduced to a pseudo-science like genetics in Lysenko's Russia…these symptoms may be found in some of the social sciences." (ibid 56)
When Tullock wrote the book in the 1960s he considered that the natural sciences were sound but he thought that parts of economics and the social sciences were well down the slope that he sketched. In view of the concerns that are being expressed about the state of science at present it may be time to revisit Tullock's analysis to see how much we can learn from it.
We can be grateful for the contribution of Jarvie and Tullock for their wide-ranging contributions to their respective fields and for the two books cited for special mention here. It seems that Jarvie's book did not arouse the interest which I think is warranted by the implications and applications of the social/institutional approach to research and the institutions where it is done. Let us ensure that there is a more expansive and inclusive conversation on the themes and issues which Jarvie and Tullock addressed, especially in relation to the governance of science. The parties to this conversation could include other followers of Popper such as Wettersten, Agassi and Shearmur who have addressed the social aspects of science, Steve Fuller, and the exponents of the strong program in the sociology of science. This could generate more heat than light but it will be an opportunity lost if it does not occur.
Note 1. The institutional approach points to the type of work which Douglas North pursued to win a Nobel Prize in Economics. In his acceptance address North stated "Institutions form the incentive structure of a society and the political and economic institutions, in consequence, are the underlying determinants of economic performance" (North 1993).
Note 2. An interesting feature of this book is the Hayek's introduction of the concept of non-justificationism to support his criticism of "constructivist rationality", presumably due to the influence of Bartley (Champion 2013b).
Note 3. He may wasted too much time and energy trying to interest Popper in his ideas about physics. This is revealed in extended correspondence between them from the 1950s to 1992 (Levy and Peart 2015).
Barzun J 1964 Science: The Glorious Entertainment. Secker and Warburg, London.
Bernal J D 1939 The Social Function of Science. Routledge, London.
Butos W N and McQuade T 2006 Government and Science: A Dangerous Liaison? The Independent Review, 11(2): 177–208.
Champion R A 1992 Review of The Fatal Conceit in the Melbourne Age Monthly Review August. Reprinted in Champion (2013) Chapter 4.
Champion R A 2013 Commentary on Hayek. Amazon.
Champion R A 2013b Hayek, Bartley and Popper: Justificationism and the Abuse of Reason in R Leeson (ed) Hayek: A Collaborative Biography. Part 1 Influences, from Mises to Bartley. Palgrave Macmillan, New York.
Collingwood R G 1957 An Autobiography. Oxford University Press, Oxford.
Eisenhower D D 1961 Farewell Address to the Nation. http://mcadams.posc.mu.edu/ike.htm
Fanelli D 2012 Negative results are disappearing from most disciplines and countries. Sociometrics 90 (3): 891–904.
Fang F C, Casadevall A and Morrison R P 2011 Retracted Science and the retraction index. Infect. Immunol. 78 (10) 3855-3859. http://iai.asm.org/content/79/10/3855.
Fuller Steve 2000 The Governance of Science. Open University Press, Buckingham.
Greenberg D S 2001. Science, Money, and Politics: Political Triumph and Ethical Erosion. Chicago University Press.
Hayek F A 1976 The Constitution of Liberty. Routledge, London.
Hayek F A 1991 The Fatal Conceit. The University of Chicago Press, Chicago.
Heclo H 2008 On Thinking Institutionally. Paradigm Publishing, London.
Horton R 2015 Offline: What is medicine's 5 sigma? www.thelancet.com Vol. 385 April 11.
Jarvie Ian C 2001 The republic of science: The emergence of Popper's social view of science 1935-1945. Ripodi, Amsterdam.
Klein D B and Romero P P 2007 Model building versus theorising: The paucity of theory in The Journal of Economic Theory. Econ Journal Watch 4 (2): 241-271.
Koestler A 1967 The Act of Creation. Pan, London.
Levy D M and Peart S J 2015 Gordon Tullock and Karl Popper: Their Correspondence. https://pdfs.semanticscholar.org/f938/17b5783522387fe674e112ca7fdd95ff753a.pdf
McCloskey D N 2006 The bourgeois virtues: Ethics for an age of commerce. The University of Chicago Press, Chicago. http://www.deirdremccloskey.com/docs/bv_selection.pdf
McCloskey D N 2010 Bourgeois Dignity: Why Economics Can't Explain the Modern World. University of Chicago Press, Chicago.North D 1993 Economic Performance Through Time. http://www.nobelprize.org/nobel_prizes/economic-sciences/laureates/1993/north-lecture.html
Polanyi M 1962 The Republic of Science: Its Political and Economic Theory, Minerva1:54-73.
Polanyi M 1958 Personal Knowledge. Routledge, London.
Popper K R 1966 The Open Society and Its Enemies. Routledge, London.
Popper K R 1963 The Poverty of Historicism. Routledge, London.
Popper K R 1963 Conjectures and Refutations: The Growth of Scientific Knowledge. Routledge, London.
Popper K R 1972 The Logic of Scientific Discovery. Hutchinson, London.
Ravetz J 1971 Scientific Knowledge and its Social Problems. Penguin Books, Harmondsworth.
Shills E 1972 The Intellectuals and the Powers, and Other Essays. University of Chicago Press, Chicago. Tullock G 1965 The Organization of Inquiry. Duke University Press, Durham NC.Wetttersten J 2006 Essay review of The Republic of Science, Philosophy of Science 73 (1): 108-121.
Wettersten J Karl Popper: Critical Rationalism The Internet Encyclopedia of Philosophy http://www.iep.utm.edu/cr-ratio/


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Home > Cannot Be > Network Location Cannot Be Reached Iis
Network Location Cannot Be Reached Iis
The data field contains the error number. when i click on "start" to start my new website on IIS6, it says: "the network location cannot be reached. Allan says: November 14, 2011 at 2:17 pm Thanks! Powered by WordPress
Why is the 'You talking to me' speech from the movie 'Taxi Driver' so famous? To track that down, use netstat. > netstat -anb | find "80" That will list all connections or programs listening to port 80. When I try to start the web site I get the folowing error: "The network location cannot be reached. does it get data from a remote share? https://ma.ttias.be/fixing-listen-ips-in-iis-the-network-location-cannot-be-reached/
Iis This Site Cannot Be Reached
Browse other questions tagged iis-6 or ask your own question. However many network adapters have been installed on each server? I've set up a couple of dozen sites this way before. more stack exchange communities company blog Stack Exchange Inbox Reputation and Badges sign up log in tour help Tour Start here for a quick overview of the site Help Center Detailed
My name is Mattias Geniar. How can I declare independence from the United States and start my own micro nation? Kind of annoying that I couldn't just restart services though, makes trying to keep server downtime to a minimum hard. not for windows 2003 - that was only true up to and including NT4.
Not the answer you're looking for? Httpcfg Copyright © Mattias Geniar 2016 current community chat Stack Overflow Meta Stack Overflow your communities Sign up or log in to customize your list. Personal Blog Projects Code Repository Tutorials Information Bin Some weird IIS 6 errors I ran into By johannes On February 15, 2011 · Leave a Comment While retasking a fairly old HesabımAramaHaritalarYouTubePlayHaberlerGmailDriveTakvimGoogle+ÇeviriFotoğraflarDaha fazlasıDokümanlarBloggerKişilerHangoutsGoogle'a ait daha da fazla uygulamaOturum açınGizli alanlarGrupları veya mesajları ara
HKEY_LOCAL_MACHINE\SYSTEM\CurrentControlSet\Services\HTTP\Pa rameters\ListenOnlyList" Reboot and enjoy. True? where exactly does this error appear? iOS UI/UX Mobile Adobe Creative Suite CS Android Advertise Here 788 members asked questions and received personalized solutions in the past 7 days.
Thumbs up! http://www.tomvernon.co.uk/blog/2010/02/iis-the-network-location-cannot-be-reached/ the .23 was assigned to one website on port 80 but not working. Iis This Site Cannot Be Reached True? What am I missing?
Is there anything unusual about this particular web site? news Your internal has a public IP and should have a private IP. anyway. please help me regards, fabio ii6+nlb error "the network location cannot be reached.." Reply Zhao Ji Ma -... 762 Posts Re: ii6+nlb error "the network location cannot be reached.."
Error: "The network location cannot be reached. " The most likely cause is that Host Headers for that particular site are configured for an IP address which is either no longer Ryan B. DNS on your servernics should ** only ** point to your server-IP. -- Regards, Marina Microsoft SBS-MVP "Austin Barrington"
Join and Comment By clicking you are agreeing to Experts Exchange's Terms of Use. I checked the log and it re-booted overnight. Toggle navigation Menu ma.ttias.be Blog Projects Public Speaking Contact Fixing Listen IPs In IIS (The network location cannot be reached) Mattias Geniar, Monday, May 23, 2011 - last modified: Sunday, February
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I'm just going to assume you know how to check if an IP is configured on a server. that's why when you bind to .16 it works. I respect your privacy and you won't get spam. http://creationgeneration.net/cannot-be/network-connection-cannot-be-reached-windows-xp.html Shame you can't easily configure those things from the GUI, since those options are nearly always greyed out.
Have you set up virtual directories to point at network shares on another machine? Home About Contact IIS - The network location cannot be reached February 2nd, 2010 4 Comments I had a strange error in IIS6 today when adding a secondary IP. The site Join & Ask a Question Need Help in Real-Time? And query the list again. > httpcfg query iplisten IP : 10.1.5.200 ------------------------------------------------------------------------------ IP : 10.1.5.201 ------------------------------------------------------------------------------ If it does not work after the httpcfg change, you may have to reboot
If the ListenOnlyList subkey contains an IP address that is not valid, you must remove the IP address or change the ListenOnlyList subkey entries to reflect a valid IP address. Two questions: 1- Why are those websites refusing to start? 2- What should be in the result of httpcfg query iplisten? I'm a Support Manager at Nucleus Hosting in Belgium, a general web geek, public speaker and podcaster. When I added them with httpcfg, then all the web sites stopped working so I figured I didn something wrong so I removed them.
For more updates, follow me on Twitter as @mattiasgeniar. Cheers, Bernard Cheah ‹ Previous Thread|Next Thread › This site is managed for Microsoft by Neudesic, LLC. | © 2016 Microsoft. Share this post Did you like this post? share|improve this answer answered Sep 30 '08 at 22:18 Mike Dimmick 7,93421537 I have no network shares. –Abdu Sep 30 '08 at 23:23 add a comment| Your Answer
Join Now For immediate help use Live now! RSS |Contact Me « Prev. share|improve this answer answered Oct 1 '08 at 7:25 Abdu 4,720124474 add a comment| up vote 0 down vote Sometimes there are bugs wehn applying windows updates. i have added one more ip address to the machine 10.1.1.16 (new address is .23) and associated the new website to the ip address.
Login. Regards, Mike Davis 0 LVL 3 Overall: Level 3 Message Expert Comment by:hemaldesai2008-02-21 Comment Utility Permalink(# a20946756) This typically happens due to changes to IIS between 5.0 and 6.0. Based on my understanding, this could be the problem if you doesn't specify the correct subnet mask or default gateway forthe new IP address. i must add 1 new website and my boss does not want it in cluster, just standalone (wtf, damn' boss!) so...


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Reference Number. 188856
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Add Listing : Edit Listing
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Sven Vanneste, Ph.D.
Director of Neuromodulation
Dr. Sven Vanneste is an associate professor of neuroscience at the School of Behavioral and Brain Sciences at the University of Texas at Dallas. Born in Belgium, he received a Ph.D. in Medical Sciences. After receiving his degree, Sven moved to the United States where he currently runs the lab for clinical and integrative neurosciences at the Center for BrainHealth.
Dr. Vanneste's research focuses on understanding the neural mechanisms underlying different neurological and psychiatric diseases such as tinnitus, fibromyalgia, Parkinson, depression, mild cognitive impairment, to develop novel invasive and non-invasive neuromodulation treatments.
Throughout his career, Sven has published more than 130 research articles in well-known scientific journals. He is the principal investigator for the pharmagroup associated with the Tinnitus Research Initiative and part of the management committee for the EU COST Action TINNET. In addition to his current work in the United States, he is an honorary research professor at the University of Otago in New Zealand and guest professor at the University of Antwerp in Belgium.