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Position Statement 21: Rights of Persons with Mental Health and Substance Use Conditions
Mental Health America is committed to the principles of human and civil rights inherent in the concept of equal justice under the law. This includes rights of persons with mental health and substance use conditions to benefits and service delivery, preservation of liberty and personal autonomy, presumption of competency, freedom from seclusion and restraints, protection of privacy, as well as specific consumer needs for employment, housing, benefits, consumer-driven mental health systems, self-help and peer support services, and ending discrimination. This also includes adherence to the Americans with Disabilities Act, the Individuals with Disabilities Education Act (IDEA), the Rehabilitation Services Act, the Fair Housing Act, and other legislation that protects the rights of citizens recovering from mental illnesses and addictions. The following statement, concerning rights of individuals affected by mental health and substance use conditions, derives from the principles of choice, empowerment and self-determination and advocates the end of discrimination toward and abuse of people with mental health and substance use conditions.
Equal justice under the law is a fundamental concept in American jurisprudence. Yet persons with mental health and substance use conditions are often denied equal justice. Too often, discriminatory practices proceed from the misconception that people who are receiving mental health treatment are incapable of responsibly exercising the rights of citizenship. Most importantly, the decision to institutionalize people or treat them against their will may be based upon the assumption that resisting treatment recommendations is evidence that one is incapable of making a responsible independent judgment about accepting or refusing treatment. This logic ignores the principle that a person is competent unless legally proven otherwise. While major strides have been made, people with mental health and substance use conditions continue to be denied rights as citizens, dignity as human beings, and a life free from stigma and discrimination.
Studies continue to show that people with mental health and substance use conditions are no more violent than the general population.[1] Violent acts committed by persons with mental illnesses represent a small fraction of the violence perpetrated in our country, yet these acts are frequently highly sensationalized by the media and lead to the continued stigmatization of persons with mental illnesses.
There are distinct factors other than mental illness that predispose persons to violence. In one study it was shown that people with mental illnesses who come from violent backgrounds are often violent themselves, a finding that echoes the incidence among the general population.[2] Additionally, a three year, multi-site study commissioned by the MacArthur Foundation shows that there is no difference in the rate of violence between those discharged from psychiatric treatment facilities without substance abuse problems and other people living in the same communities who were also without symptoms of substance abuse. It appears that co-occurring mental illnesses and substance abuse significantly raises the rate of violence in both the study participant and comparison groups.[3]
Law enforcement officials and legislators in states affected by sensationalized violence have reacted with flawed proposals. Some have expressed a need to have easier access to the confidential medical records of people with mental illnesses. Some have suggested that mental health professionals be required to report the names of individuals living with mental illnesses who allegedly pose a threat of violence. Both of these measures jeopardize the liberty and health of persons with mental illnesses and addictions and should be abandoned as misguided and damaging.
Unfettered access to confidential medical records will not reduce violent incidents, but it most certainly threatens the privacy and the rights of an entire community of people in recovery. Further, this idea is flawed because it stems from a common misconception that mental illness is a diagnosis, and that all mental illnesses thus have similar symptoms and expression. In fact there is great variability in the way that mental illnesses influence functioning. However, provisions compromising confidentiality draw no distinctions for symptoms, severity or persistence of illness. And confidentiality is essential to encouraging individuals to seek voluntary treatment.
The suggestion that mental health professionals be mandated to report individuals who have a potential for violence is also flawed and presents similar difficulties from a personal privacy and human rights perspective. Even in the case of persistent, severe, serious mental illnesses, mental health professionals possess no special knowledge, insight or ability to predict future behavior in the absence of a specific threat. Mental illness, like most human conditions, expresses itself through the complex interaction of a person's biology, psychology, social conditioning and social networks and living environments. Thus, there are no definitive predictors of violence particular to this group of individuals. The most reliable predictors of future violence -- a familial history of violence, previous violent acts and substance abuse -- are the same for persons with mental illness and for the general population.
Perhaps most importantly, compromising consumer confidentiality erects a barrier to treatment and improved functioning. Mental illnesses are still highly stigmatized conditions, and the removal of confidentiality guarantees will discourage many people from seeking necessary services. The effective prevention and treatment of mental illnesses would be compromised by the removal of established confidentiality guarantees.
Rights in Need of Protection
Mental Health America is committed to equal justice and protection of legal rights for all persons affected by mental health and substance use conditions, including children, adolescents and their families, and older adults. Mental Health America supports the enactment and enforcement of laws and policies designed to protect the rights of persons with mental health and substance abuse. The following rights are specifically identified because they are most likely to be abridged:
1. Rights Regarding Benefits and Service Delivery
- The right to receive timely, culturally and linguistically appropriate and complete information about rights upon enrollment in a health plan, upon entering treatment, and at any time upon request. This information should address benefits and services, how to access available services, how to appeal a decision, how to lodge a complaint, and how to get help to navigate a service delivery system.
- The right to be fully informed of all beneficial treatment options covered and not covered, including related costs. This information should be provided in a format that meets the health literacy capacities of the consumer.
- The right to have advance directives about treatment preferences-and the right to have them honored.[4]
- The right to insurance parity, including freedom from limits based on annual and lifetime expenditures, days or visits, co-payments, or diagnoses.[5]
- The right to the least restrictive and least intrusive response to a need for mental health services.[6]
- The right to sue the health plan for authorization denials that result in harm to the consumer.
- The right to expedited reviews and appeals from one's health plan when the situation is emergent or urgent.
- The right to access services in one's own community, including but not limited to primary and oral health care, crisis intervention, emergency services, diversion, rehabilitation, outreach, housing, employment, and mobile services, including the right to seek care from a provider who does not participate in the health plan if the provider network is insufficient.[7]
- The right to be fully involved in treatment, referral and discharge plans as they are developed, implemented and revised. If consent is given by the adult consumer, parents and guardians have the right to meaningful involvement in developing and implementing the treatment plan for their children who are still minors.
- The right to be fully informed of treatment side effects and treatment alternatives in order to make informed decisions without coercion or the threat of discontinued services.
- The right to selectively refuse undesired treatment services without the loss of desired services.[8]
- The right to receive services from providers who have appropriate linguistic skills in the needed language or access to appropriate interpreting support services.[9]
- The right to be directed to treatment modalities that are culturally competent according to ethnicity, sexual orientation, religious beliefs, and disability.[10]
- The right to access medically necessary and effective medications without being subjected to "fail first" policies, discriminatory or excessive co-payments, or time-consuming prior authorization paperwork and processes.[11]
- The right to receive appropriate, specialized and individually tailored education as a component of treatment for young people.[12]
- The right to receive treatment services in one's own community, with reasonable efforts to serve children and adolescents while they remain in their homes.
- The right to be transported to treatment facilities by medical personnel rather than law enforcement agents.
2. Rights Related to Preservation of Liberty and Personal Autonomy
- The right to receive treatment services in a setting and under conditions that are the most supportive of personal liberty, with restrictions of that liberty only as needed to preserve safety.[13]
- The right to easy access to any available rights protection service and other qualified advocates, including federally funded protection and advocacy systems.
- The right to assert grievances and to have them addressed in a timely manner, as well as with an external reviewer upon request, with no negative repercussions.
- The right to the use of voluntary admission procedures and to receive treatment on a voluntary basis wherever possible.
- The right to receive treatment and services only with informed consent, except as over-ridden by a court.
- The right to establish advanced directives and living wills and to appoint surrogate decision-makers (with a durable power of attorney), specifying how one wishes to be treated in an emergency or if s/he is incapacitated, as permitted by law.[14]
- The right to be free from any form of corporal punishment.
- The right to a humane treatment environment affording appropriate privacy and personal dignity and protection from harm.
- The right to unimpeded, private, and uncensored communication by mail, telephone and contact visitation, including reasonable hours for visitation and access to the telephone.
- The right to be deemed competent to exercise all constitutional, statutory and common law rights and privileges and to manage one's own affairs unless restricted or limited through appropriate due process procedures.[15]
- The right to inexpensive, stigma-free guardianship procedures that are the least intrusive necessary to accomplish the provision of appropriate services and which include a delineation of the duties of the guardian.
- The right to limited or partial guardianship based on proof that the particular right or privilege cannot be exercised by the individual, with the extent of guardianship tailored to the person's individual needs and based on the extent of his/her disability.
- The right to have all restrictions explicitly enumerated in the court order and to have copies provided to the interested parties.
- The right to legal counsel for every threat of loss of a privilege or right.
- The right to easy access to a person's attorney or legal representative while under a commitment order.
Where involuntary commitment to an inpatient facility is deemed necessary, the following rights should apply (at a minimum ):[16]
- due process hearing,
- provision of counsel,
- minimum burden of proof of "clear and convincing" evidence,
- a jury trial (at the respondent's election),
- presentation of witnesses and opportunity for cross examination,
- clear standards for commitment based upon constitutional principles, and
- commitment based on proof that:
- the person requires the confinement being sought by the petitioner
- the place of confinement can provide the treatment being sought by the petitioner,
- there are no less restrictive suitable alternatives to the placement being sought, and
- a specific overt act of dangerousness (including a stated threat), and
- the right to an appeal, including the right, if indigent, to a free transcript of the hearing and the appointment of counsel
3. Rights Related to Seclusion and Restraint
- The right to protection from the use of seclusion and restraints. MHA believes that use of seclusion and restraints should be abolished. In the interim, such methods should only be used after other less restrictive techniques have been tried and failed, and only in response to violent behavior that creates extreme threats to life and safety. Seclusion and restraint procedures should not be used on individuals with medical conditions that would render this dangerous.[17]
- The right to have existing advanced directives that address the use of seclusion and restraints followed by the facility. [18]
- The right to review a facility's written procedures governing the use of seclusion and restraints. These procedures should require the documentation of alternative, less intrusive intervention approaches that were tried and the rationale why these failed or were not appropriate.
- The right to information that specific behaviors may result in the use of restraining procedures or seclusion. Cooperation of the consumer with the procedure should be sought.
4. Rights Related to Privacy and Information Management
- The right to privacy and confidentiality of personal information.[19]
- The right to access and supplement his/her own mental health record.
- The right of parents or guardians to access their minor children's mental health records, except where such information is protected by law.
- The right to receive information about confidentiality protocols when they join a new health plan or begin treatment with a new clinician, as well as on request on an ongoing basis.
- The right to withdraw, narrow or otherwise modify terms of consent for information to be released.
- The right to be informed of:
- the type(s) of information that will be disclosed (nature and extent);
- who has the authority to disclose information;
- to whom the information will be disclosed; and
- for the purpose(s) the information is needed.
5. Rights Related to Specific Consumer Needs
- Employment: Mental Health America supports full implementation of the Americans with Disabilities Act and the Rehabilitation Services Act. Consumers must be given every opportunity to be gainfully employed in occupations where, with reasonable accommodation, they can contribute. Additionally, Mental Health America calls upon the mental health system to practice affirmative action in training and employing mental health consumers in professional careers in the mental health system.[20]
- Housing: All persons, particularly those identified as individuals with mental illnesses, are entitled to safe, appropriate, and permanent housing of their choice
- Benefits: People with psychiatric disabilities need assured access to sufficient income, social supports and comprehensive health care to enjoy an adequate quality of life.
- Consumer-Driven Mental Health Systems: Recovery and healing, not social control, should be the goal and outcome of the mental health system; therefore, the mental health system must be consumer-driven.[21]
- Self-Help and Peer Support Services: Mental Health America supports the full and sustained funding and development of user-run alternatives and additions to the traditional mental health system, self-determined and governed by and for members of the consumer community, in every community.[22]
- Ending Discrimination: Discrimination, abuse, ostracism, stigma and other forms of social prejudice should be identified and vigorously opposed at every opportunity.
Effective Period
This policy was approved by the Mental Health America Board of Directors on December 8, 2012. It is reviewed as required by the Mental Health America Public Policy Committee.
Expiration: December 31, 2017
[1] Stuart, H., "A Public Health Perspective on Violent Offenses Among Persons with Mental Illness," Psychiatric Services52:654-659 (2001).
[2] Stuart, H., Arboleda-Flórez, J. E. & Gelles, R., "Violence in the Family: A Review of the Research," in Family Violence (Second Edition, Sage, 1987).
[3] Steadman, H. J., Mulvey, E.P., et al., "Violence by People Discharged from Acute Psychiatric Inpatient Facilities and by Others in the Same Neighborhoods," Archives of General Psychiatry 55:393-401 (1998).
[4] See MHA Position Statement 23, Psychiatric Advance Directives, http://www.nmha.org/go/position-statements/23
[5] See MHA Position Statement 15, Mental Health Parity in Health Insurance, http://www.nmha.org/go/position-statements/15
[6] See MHA Position Statement 22, Involuntary Treatment, http://www.nmha.org/go/position-statements/22
[7] See MHA Position Statement 71, Health Care Reform, http://www.nmha.org/go/position-statements/71
[8] See MHA Position Statement 22, Involuntary Treatment, http://www.nmha.org/go/position-statements/22
[9] See MHA Position Statement 18, Cultural and Linguistic Competency, http://www.nmha.org/go/position-statements/18
[10] Id.
[11] See MHA Position Statement 32, Access to Medications, http://www.nmha.org/go/position-statements/32
[12] See MHA Position Statement 41, Early Identification of Mental Health Issues in Young People, http://www.nmha.org/go/position-statements/41
[13] See MHA Position Statement 22, Involuntary Treatment, http://www.nmha.org/go/position-statements/22
[14] See MHA Position Statement 24, Seclusion and Restraints, http://www.nmha.org/go/position-statements/24
[15] See MHA Position Statement 22, Involuntary Treatment, http://www.nmha.org/go/position-statements/22
[16] Id.
[17] See MHA Position Statement 23, Psychiatric Advance Directives, http://www.nmha.org/go/position-statements/23
[18] See MHA Position Statement 23, Psychiatric Advance Directives, http://www.nmha.org/go/position-statements/23
[19] See MHA Position Statement 27, Standards for Management of and Access to Consumer Information, http://www.nmha.org/go/position-statements/27
[20] See MHA Position Statement 31, Development of Employment Services for Adults in Recovery from Mental Health and Substance Use Conditions, http://www.nmha.org/go/position-statements/31
[21] See MHA Position Statement 11, Recovery-Based Systems Transformation, http://www.nmha.org/go/position-statements/11
[22] See MHA Position Statement 37, The Role of Peer Support in Recovery-oriented Mental Health Systems, http://www.nmha.org/go/position-statements/37


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David Cameron is travelling to Algeria as he steps up efforts to tackle the growing terrorist threat in northern Africa.
The Prime Minister is to hold talks with counterpart Abdelmalek Sellal and pay his respects to victims of the hostage crisis that left six Britons dead.
The visit comes after Britain announced that up to 330 British troops would help out in the battle against rebels in neighbouring Mali.
Some 37 foreigners, at least 10 Algerians and dozens of terrorists died in the attack on the In Amenas gas plant, which is jointly operated by BP, earlier this month.
The Algerian government took the controversial decision to storm the site in the Sahara desert, with Mr Cameron and other world leaders protesting about not being notified in advance.
During talks with Mr Sellal and President Abdelaziz Bouteflika in Algiers, the premier is expected to stress the need for a "tough, patient and intelligent response" to extremism in the region.
On Tuesday, Defence Secretary Philip Hammond was forced to deny "mission creep" in the intervention to bolster the government in Mali as he boosted the UK's role.
Up to 240 troops could be deployed to train the Malian military and prepare soldiers from other African countries, while another 90 personnel could provide air support. A roll-on-roll-off ferry has also been offered to transport French equipment to Africa.
In his speech at the World Economic Forum in Davos last week, Mr Cameron said: "I believe we are in the midst of a long struggle against murderous terrorists and a poisonous ideology that supports them. Just as we've successfully put pressure on al Qaida in Afghanistan and Pakistan, so al Qaida franchises have been growing for years in Yemen, in Somalia and across parts of North Africa, places that have suffered hideously through hostage taking, terrorism and crime."
Mr Cameron will also be attending an international development conference in the Liberian capital Monrovia. The Prime Minister is co-chairing the United Nations's High Level Panel meeting on the Millennium development goals with Liberian president Ellen Johnson-Sirleaf. The meeting is considering what new targets to set after the existing development goals expire in 2015.

subset: commoncrawl


text:
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text: Hey coach, don't be so defensive By Dave Hickman November 2, 2012 Story Share AP Photo Dana Holgorsen MORGANTOWN - Have you heard the news?Dana Holgorsen and his West Virginia coach staff haven't forgotten how to coach the game.Surely you've heard, right? It was in all the papers, and on the radio and TV and on the Internet.Not that anyone ever asked or suggested otherwise, mind you. But after back-to-back losses to Texas Tech and Kansas State by a combined score of 104-28, Holgorsen is obviously feeling a bit defensive, and it shows.It began after the 49-14 beatdown at Texas Tech. It intensified following a 55-14 shellacking at the hands of Kansas State.And it reached its head earlier this week at Holgorsen's weekly Tuesday press conference.First came a rather innocuous, if rather poorly stated, question about any changes Holgorsen and his staff might have made. It was poorly stated because the inquisitor seemed to assume changes had been made - "What's the biggest thing you guys have changed in the last two weeks?'' - rather than asking if any were in the works, as might be assumed of a team that had been completely outplayed on offense, defense and special teams."Well, seeing as how we decided not to switch back to the 3-3 stack or decided not to go to a 4-2-5 or we decided not to start running the option, we decided not to go with just a hundred percent empty because we had a little bit of success with it against Baylor, then we probably didn't change a whole lot,'' Holgorsen said, the sarcasm fairly dripping."Hopefully we got refreshed and our mentality is good and body language is good and our confidence is back up and our players are excited about playing. [Hopefully] we practice hard this week and we get out there and we're excited to play a football game. We'll go out there and play to the best of our ability.'' In other words, "Changes? We don't need no stinking changes.''Then came an even more pointed question, as in pointed as far away from criticizing the coaching as could possibly be. West Virginia's passing game - especially its vertical passing - hasn't been the same since Stedman Bailey had to sit out the second half at Texas Tech and then was essentially a non-factor against Kansas State. Might that have been related to his health, Holgorsen was asked, and would his return to again form a 1-2 punch with Tavon Austin remedy some of the problems?Here's where it really veered off course."I didn't know we forgot how to coach,'' Holgorsen immediately fired back. "I didn't know our offensive problems were incredibly [affected] by one guy. That's not ever going to happen. "Are we better with Stedman out there at a hundred percent? Yes. Are we better with a hundred-percent Shawne Alston? Yes. Is that the reason we lost? No. It's not. There's a whole bunch of things that go into it and we're working hard to try and fix them.''Well, sure, you don't lose 49-14 and 55-14 because of one guy. And hopefully you don't go from scoring 70, 69 and 70 points in three of the previous six games to scoring three offensive touchdowns in the last two games because of one guy. But the question was never about coaching to overcome the limitations of Bailey, but how much his return to form might help an offense that had unquestionably and irrefutably dropped off a cliff. You only answer the way Holgorsen did - to both questions - if it's starting to eat at you that people are questioning your ability to coach.In that sense, maybe Holgorsen should borrow that completely ironic white hat that defensive coordinator Joe DeForest has taken to wearing after games in which his defense has reached lows that few thought possible.It bears just one word: relax.Granted, there are fans who question and criticize everything, especially when nothing is going right. Those who yearn for the days of Jeff Casteel's 3-3-5 defense probably include many who spent the past decade deriding it. Others pine for the days when WVU's special teams were not good, as opposed to horrid. And the number of those who are deadly silent when Holgorsen's offense is scoring 10 touchdowns a game come out of the woodwork when it scores just one.The fat new contract and preponderance of "outsiders'' running the program now certainly play heavily into any criticism, too.But to become defensive about it? Not a good strategy. When each of your two-week paychecks approaches a gross of $100,000 - in a few years Holgorsen's will be more than $120,000 every two weeks, excluding bonuses - part of the deal is to take the heat. Just shut up and take it. Don't tell us you still know how to coach, just get back to work and prove it. Coaches are criticized all the time. It comes from the fans and from the media. Sometimes the fans in West Virginia can be brutal. Deal with it. They are no worse - and largely not even close to being as bad - as others around the country.The media? Here? Please. At any given press conference, if there are 50 media members in attendance as part of the corps covering West Virginia, I can usually count on one hand those who don't fall into at least one (and sometimes most) of the following categories: alums, students, those who work for an entity with a direct or indirect contractual relationship with WVU's athletic department, or those who have a flying WV on their clothes or car and refer to the team as "we.''In other words, Holgorsen isn't exactly getting raked over the coals like Les Miles when he loses two games in a season, much less two weeks. The only people who think you've forgotten how to coach are the ones who never thought you could in the first place.So stop being so defensive.Reach Dave Hickman at 304-348-1734 or firstname.lastname@example.com or follow him at Twitter.com/dphickman1. Story Share Story Share Trending Now 1 Obama pulled Zuckerberg aside to warn him about fake news on Facebook 2 Parole hearing set for Putnam man who claims wrongful sex assault conviction 3 Innerviews: Dual-identity surgeon riding high in horse racing world 4 Gazette editorial: Capito has second chance to do the right thing 5 Huggins, WVU tap South Florida hoops talent Herd hopes to regain swagger on offense today vs. Memphis Previous Story Time to turn it around? Next Story


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MORGANTOWN, W.Va. – The mother of a 3-year-old West Virginia girl who vanished without a trace in September 2011 won't regain custody of her other six children when she gets out of prison this month.
The state Supreme Court this week unanimously upheld a Lewis County judge's order terminating Lena Lunsford's parental rights – a decision backed by child welfare workers and the unidentified father of one of the children.
Neither his attorney nor two of Lunsford's lawyers immediately returned telephone messages seeking comment on the ruling, which identifies Lunsford and missing daughter Aliayah only by initials, but with unmistakable dates and details.
The U.S. Bureau of Prisons website shows Lena Lunsford is set to be released Feb. 26 from a facility in Baltimore, where she's been serving an eight-month sentence for welfare fraud.
The high court's ruling notes that the Lewis County court also terminated the parental rights of Ralph Lunsford, whom one of Lena's attorneys had previously described as Aliayah's stepfather. While Ralph Lunsford is identified as the father of "most" of Lena's children, the ruling says one, identified only as T.C., was fathered by another man.
The state Department of Health and Human Resources filed an abuse and neglect petition with the courts in October 2011, alleging the Lunsfords' remaining children were in imminent danger. They had been neglected to the point that some had irreversible tooth decay, case workers said.
That complaint also noted that Lena Lunsford had previously reported to DHHR that her husband had attempted to cut her throat, "yet she and the children continued to live with him."
At a termination hearing in May 2012, the circuit court judge "found that the parents had more knowledge about A.L.'s whereabouts than they revealed but refused to provide that information to the court," the high court wrote.
Lena Lunsford fought for her children, arguing that "evidence was not clear and convincing that she harmed or threatened her children's well-being," and that she appropriately notified police when she couldn't find her daughter.
But the Supreme Court cited witnesses who say she gave conflicting statements about Aliayah's disappearance and noted that she and Ralph Lunsford have "vaguely accused" each other in the 16 months since.
Lena Lunsford's lawyers also argued that the circuit judge erred in deciding there was "no reasonable likelihood" that the abuse and neglect would stop under a court-supervised improvement period.
The DHHR successfully argued that without an explanation of Aliayah's disappearance, "there can be no assurance that the other children in the home can be safe in their parents' care."
Aliayah disappeared Sept. 24, 2011, from a rented home near Bendale. She's never been found.
Lena Lunsford told police her daughter had been ill and was vomiting the night before. Aliayah was in her bed at 6:30 a.m., her mother claimed, but missing when she went to check on her a few hours later.
Authorities have made no arrests and identified no suspects. The FBI has refused to say whether agents believe Aliayah is still alive, but it has offered a $20,000 reward for information leading to her recovery or an arrest.
Lena Lunsford was indicted weeks after Aliayah's disappearance on charges she illegally swapped welfare benefits for cash five times in two months. She pleaded guilty to selling $114 worth of credit on her food-stamp card for $50 cash and reported to prison last June.
During one of the hearings in that case, a judge ordered her to live apart from Ralph Lunsford after he acknowledged on the witness stand that he had bought and used synthetic drugs called bath salts that are known to cause extreme agitation, hallucinations and violent and bizarre behavior.
Ralph Lunsford also acknowledged in his testimony that police had considered him a person of interest and repeatedly questioned him in Aliayah's disappearance.
Lena Lunsford gave birth to twins after Aliayah disappeared and before she went to prison. They were taken into state custody with the other children. She later filed for divorce.
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10 heavy-duty tools for mobile app development
As the market for mobile apps rapidly expands, so does the market for tools aimed at aiding developers in building them. Whether targeted at a single platform or calibrated for coding cross-platform apps, these tools provide developers powerful means for building feature-rich apps tailored to mobile devices.
Available tools leverage a vast array of technologies and libraries for creating mobile Web or native apps, with many offering the kind of functionality, such as testing and debugging, developers have long relied on for creating desktop applications.
The following 10 mobile development tools are worth exploring for building apps on various handheld devices.
Read more on: infoworld


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Fritz wrote:jsun3thousand wrote:so winning a side game 3x at worlds gets you a signature disc but winning worlds 3x as a women doesn't. wicked logic. i wonder if innova gave him a bonus on the 160 dollars he won in that side game.
Who didn't get a signature disc?
Des had the Sidewinder (I thought) maybe it was a wraith and the whole E.D.G.E thing, Val got the Starfire, JK has the Aviar and Valk
Who am I missing that won worlds?
are you going to compare avery jenkins' name being on the destroyer i can buy at any place that sells innova to his sister's limited edition starfires that she had to sell on her own?


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QuickTip – Clear History in Safari
When using Safari, it keeps track of your browsing History (similar to a Mac or PC). This is a nice feature for those times when you would like to go back to a website you were at a few days ago but cannot remember the site's url. To see your Safari history, while in Safari,


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TCU's bold decision to go for the two-point conversation in the second overtime paid off.
After wide receiver Brandon Carter connected on a 25-yard touchdown pass to Corey Fuller to pull TCU to within a point at 38-37, the Horned Frogs then went for the win with quarterback Trevone Boykin connecting with Josh Boyce for the two-point conversion and the win.
West Virginia quarterback Geno Smith connected on a 25-yard touchdown pass to Stedman Bailey on the first play and the extra point was made to give the Mountaineers a 38-31 lead at the time.
West Virginia and TCU both missed field goals in the first overtime frame. TCU's Jaden Oberkrom missed a 37-yard field goal, while West Virginia's Tyler Bitancurt had a 36-yard field goal attempt blocked.
Tavon Austin's 76 yard punt return for a touchdown with 3:19 left to play had snapped a 24-24 tie and West Virginia looked like it was on its way to a victory.
However, Boykin answered with a big play of his own, connecting with Josh Boyce on a 94-yard touchdown pass with 1:44 to go to tie the game at 31.
Bitancurt missed a 55-yard field goal toward the end of regulation that would have won the game for the Mountaineers.
Smith had a pedestrian game for West Virginia, throwing for 254 yards and three touchdowns with an interception, while only rushing for 27 yards.
Boyce was the hero for TCU, with six receptions for 181 yards, two touchdowns and the game-winning two-point conversion catch.
The loss extends the Mountaineers' losing streak to three games, with a date in Stillwater, Oklahoma to take on Oklahoma State next week. TCU hosts undefeated No. 3 Kansas State next week.
MORE: Box score | Play-by-play
GALLERY: Week 10 in photos


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The works of Charles Spurgeon have inspired millions of Christians around the world for over a hundred years. His wisdom and insight into God's Word and world have helped others discover the richness of Scripture. Answers in Genesis is pleased to present the text of a large collection of sermons from this 19th century "Prince of Preachers."
Our blessed Master will not desert the people in their spiritual need, any more than he failed that hungry throng, in their temporal need, long ago.
If we desire the good of our servants, our children, and our friends, let us take care that we make supplication for them.
Oh, for more prayer! Let us cry to God in secret, and in the family, and in all our assemblies, that God would save the sons of men.
@e have now enjoyed it for so long that the honey of grace has entered into our constitution, and we have become sweet to God.
We will go aside with the chosen apostles for a little while at this time, and hear what their Lord would say to us, even as he previously said it to them.
The Lord himself will be glad and rejoice, and we who are in sympathy with him are exhorted and even commanded to be glad.
It seems strange to the ear that good works should be rejected as the cause of salvation, and then should be spoken of as the great result of it.
Those who out of weakness were made strong are written among the heroes of faith, and are by no means the least of them.
If there is ridicule and reproach for the gospel of Christ, let us be willing to be ridiculed and reproached for his sake.
e do not merely think so, but we know that we have it. We are redeemed; we are free from bondage; we are forgiven, and are no longer under condemnation.
Where God's saints are most glorious, there you will find their spots. The weaknesses of the saints lie near their strength.
David was sad: his life was spent with grief, and his years with sighing. His sorrow had wasted his strength, and even his bones were consumed within him.
When we read of the sins of others, we ought to be humbled and warned; for "all we like sheep have gone astray; we have turned everyone to his own way."
I speak to the unconverted mainly; but while I do so I shall hope to be refreshing the grateful memories of those already saved.
Because he has come to us, we gladly come to him; and now we reverently wait upon him to hear what our Lord shall speak.
To be a Christian is to be a warrior. The good soldier of Jesus Christ must not expect to find ease in this world: it is a battle-field.
Every sentence is more precious than heaven and earth; and this line is not the least among his choice words of promise: "I will put my Spirit within you."
David's prayer from among the waves was a memory worth preserving. He weaves the mercy of God to him into a song for us; and in this our text is found.
By taking a census of his people, the Lord showed that he valued each one of them.
The notion that the doctrines of grace give licence to sin, comes from the devil, and we scorn it with a detestation more deep than words can express.
Assuredly, this honour paid to our Lord was incredibly strange; a gleam of sunlight in a day of clouds, a glimpse of summertime in a long and dreary winter.
Obedience — what a blessing it would be if we were all trained to it by the Holy Spirit! How fully should we be restored if we were perfect in it!
The two great links between earth and heaven are the two advents of our Lord: or, rather, he is the great bond of union, by these two appearings.
Saints are never better pleased than when they hear those first truths which instruct sinners in the way to God.
No results found in Spurgeon Sermons.
These sermons from Charles Spurgeon are a series that is for reference and not necessarily a position of Answers in Genesis. Spurgeon did not entirely agree with six days of creation and dives into subjects that are beyond the AiG focus (e.g., Calvinism vs. Arminianism, modes of baptism, and so on).
Modernized Edition of Spurgeon's Sermons. Copyright © 2010, Larry and Marion Pierce, Winterbourne, Ontario, Canada. Used by Answers in Genesis by permission of the copyright owner. The modernized edition of the material published in these sermons may not be reproduced or distributed by any electronic means without express written permission of the copyright owner. A limited license is hereby granted for the non-commercial printing and distribution of the material in hard copy form, provided this is done without charge to the recipient and the copyright information remains intact. Any charge or cost for distribution of the material is expressly forbidden under the terms of this limited license and automatically voids such permission. You may not prepare, manufacture, copy, use, promote, distribute, or sell a derivative work of the copyrighted work without the express written permission of the copyright owner.
Answers in Genesis is an apologetics ministry, dedicated to helping Christians defend their faith and proclaim the gospel of Jesus Christ.


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Rus Brown, American Heart Association instructor and Fortuna Volunteer Fire Department assistant chief, will teach the following emergency preparedness classes in Fortuna:
-- CPR: Refresher class April 1, 6-8 p.m., with a $35 fee. Introductory instruction is three hours in length with a $45 fee, with date and hours to be announced.
-- First aid: Four-hour class taught by Rus Brown, with a $40 fee. The next class is March 31 at 6 p.m.
Space is limited so sign up now. For more information or class dates, call Christina at the Fortuna Parks and Recreation Office at 707-725-7620.


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San Francisco, CA
Experienced History & Social Studies Tutor & Teacher30/hour
...as commentaries. In addition, I have read the Tao of Lao-tzu, the Bhagavad Gita, biographies of Buddha, Sufi texts and most of the Qoran. I have lived in Muslim nations. I also have some understanding of... read moreSee Tutors Like This


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WORCESTERSHIRE'S Moeen Ali produced more bowling heroics as England completed a stunning innings victory over India with two days of the fourth Test to spare.
They bowled India out for 161 at Old Trafford with spinner Moeen taking 4-39 from 13 overs and claiming a run-out.
England won by an innings and 54 runs and Alastair Cook's side take a 2-1 lead into the fifth and final Test at The Oval on Friday.


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Richardson, TX 75080
Richardson, TX 75081
Richardson, TX 75082
Enter the email address associated with your account and we'll email you a link to reset your password.
Now find out how landlords and property managers will view your rental application.
Get your credit score before they do to make sure there are no surprises.


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Police were attacked for a third night, with frontline officers reportedly coming under gunfire as fresh loyalist violence erupted in Northern Ireland over the flying of the Union Flag.
On Saturday a 38-year-old man was arrested on suspicion of attempted murder, while two others were also detained amid ongoing street disturbances.
On Saturday night officers in east Belfast came under sustained attack from a mob of around 100 loyalists throwing petrol bombs, fireworks, bricks and other masonry, the PSNI said.
A spokesman said officers dealt with disorder in the Newtownards Road, Albertbridge Road and Castlereagh Street and Templemore Avenue areas of the city, using water cannon and firing three AEP rounds (rubber and plastic rounds). One officer was injured and a number of arrests were made, the PSNI said.
More than 1,000 demonstrators marched on Belfast's City Hall on Saturday, but despite tense scenes and some scuffles the rally passed off without major incident. There was a heavy police presence, including officers in riot gear with dogs stationed within the historic civic building itself and on surrounding side streets. But as the flag-waving crowds dispersed, ugly scenes flared again - for the third night in a row - on the Newtownards Road in the traditionally unionist east of the city. A section of the road was shut down because of the sporadic disorder.
A PSNI spokesman said they were investigating reports from their own officers that a number of shots were fired at police lines.
Conall McDevitt, policing spokesman for the nationalist SDLP, said the firing of shots at police officers ended any claim to legitimacy by protest organisers. "Whatever grievance some people may have had, it is totally lost when they allow people to use these protests as cover for attempted murder," said the South Belfast MLA. "There is only one response possible - and that's a firm policing response against everyone involved in illegal protests and anyone seeking to organise or encourage illegal or violent demonstrations."
Mr McDevitt urged unionist leaders to publicly reject the protests "before someone is killed or seriously injured".
Loyalist violence on Friday night saw 18 people arrested and nine police officers injured. More than 30 petrol bombs, along with fireworks, ball bearings and masonry were hurled at officers during a sustained attack in the east of the city. Up to 300 people were involved in the disturbances.
None of the police injuries are life threatening, however one female officer required medical treatment at the scene by an ambulance. The PSNI said it would be seeking further arrests in the coming days in relation to the disorder and have appealed for witnesses.


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Personal Setup: Terms and Conditions
If your Mac, iPad, iPhone, iPod touch or Apple Watch was purchased within the last 90 days from an Apple Retail Store, Apple Online Store or by calling 0800 048 0408, you are entitled to a Personal Setup session at the Apple Retail Store. Purchases from a reseller of Apple products are not eligible.
Sessions are subject to availability and are held on a first-come, first-served basis. Personal Setup may include the transfer of your contacts, setting up your email, showing you how to download apps and customising your product. Apple does not guarantee the transfer and/or setup of all data as certain data may not be supported. For instance, Personal Setup does not include the transfer of photos, music or other digital media. Sessions start promptly and end at their scheduled times. Arriving late to your session may result in its cancellation.
In addition, most Apple software and hardware products include unlimited complimentary phone support for incidents within the first 90 days of product ownership. iPod customers receive one complimentary support incident. See the support-related materials included with your Apple product for more information. Complimentary phone support provides support for basic setup, installation, assembly, connectivity, launch or reinstallation (but not data recovery) when your hardware configuration meets the minimum system requirements for the software. For further details on complimentary phone support, visit www.apple.com/uk/support/complimentary.
Please note that when transferring data between devices, there is a risk of data loss, corruption or breach. Therefore, if you request Personal Setup services, YOU ACCEPT AND AGREE THAT APPLE IS NOT RESPONSIBLE FOR ANY LOSS, CORRUPTION OR BREACH OF DATA STORED ON YOUR PRODUCT(S), AND IT IS YOUR RESPONSIBILITY TO MAKE A SAFE COPY OF YOUR DATA BEFORE BRINGING YOUR PRODUCT(S) TO APPLE FOR SERVICE.


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THE BOSS of a furnishings firm got the shock of his life — when he found a 4ft-long snake in the back of his van.
Steve Potter, managing director of Contract Furnishings, had just hired the van on Tuesday evening and brought it back to the company's base in Bury Road, Radcliffe, when he made the shocking discovery.
At first, his colleagues did not believe him until they saw the evidence for themselves — a non-venomous brown corn snake relaxing in the van.
Fortunately for Mr Potter — and for the snake — the story had a happy ending as it was safely rescued and rehomed by a reptile expert called Crocodile Joe.
Mr Potter said: "I've never seen anything like it."
He added: "I picked the van up about 5.30pm and didn't have time to check the back of the van before I left.
"When I got back, I opened the doors and saw a strange creature's head moving around. I couldn't believe it and had to do a double take.
"When I told a colleague, she just didn't believe me.
"Before long, there was a crowd of our staff circling around with their phones taking pictures, though noone dared to go near it."
Bury Van Hire bosses, who own the van, came to collect it and called Bolton-based animal lover Crocodile Joe to their base in Limefield Brow, Bury.
Joe, who learned about snakes during his time living in Australia, said: "I enticed him out with a tasty dead mouse as a meal.
"Luckily, it only took me a few minutes to rescue him safely. We have named him Bury."
He added: "When I opened the van, I could see his head poking out of a light fitting.
"He had got down to the well of the van and we had to take the bumper off."
Bury is set for a comfortable life at Crocodile Joe's Wild World show, which he takes on the road to teach people about reptiles.
"I also design luxurious vivariums for corn snakes, so Bury is in for a treat."
But the snakes origin is still a mystery.
Bury Van Hire depot manager Rick Brace said: "It has left us scratching our heads.
"Our best theory is that he may have come from some tree branches that my colleague cut away a couple of weeks ago to use as compost. "
- Read our handy guide to corn snakes here.


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Chris Lau, Kapitall: When Intel (INTC) revealed a rise in inventory sitting in its distribution channels, it was a blow for investors still waiting for the PC sector to improve. Intel acknowledged that the Haswell chip refresh will not yield stronger sales in the short term. Not until late August or early September will Intel gain a better sense of its recent sales trends. [Read more from Kapitall: Ad Mega-Merger - What Publicis Omnicom Group Means for Advertising] Yet despite the fact that weakness in the PC sector is expected to continue, Intel looks positioned to thrive. Financial Summary Inventory grew in Intel's second quarter. The company attributed the increase to customers beginning to build PCs based on the Haswell processor line-up. Overall, inventories remain well-below historical averages. Intel expects revenue to be at the same level as last year. To adjust for a weaker PC market, Intel is reducing its capital expenditure by $1 billion, to $11 billion. Gross margins are expected to be 59%, as opposed to the prior forecast of 60%. For the next quarter, Intel forecast revenue would be $13.5 billion, up 5% from last quarter. Gross margins are expected to increase by 3 percent, to 61%. Haswell in Focus Intel is diversifying away from traditional PCs, into such devices as ultrabooks. The refresh of chips, including the Haswell, could still improve margins and profits. Intel released quad core products last quarter and this quarter, dual core processors will follow as lower priced products. For now, Intel will not be able to determine if sales will improve, but the chips do offer some innovation for consumers. Devices can now be built without the need for fans to cool the chip. In 2014, the Bay Trail chip will introduce even more innovation – at only 14 nanometers, it will use even less power or produce less heat.
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24 August 2012
He's doing it again. Of course, he's currently doing it in the minor leagues against Triple-A pitching, but in two rehab starts in Toledo (11 plate appearances) Ryan Rabrun has put up a .444/.545/1.222 line (that's a 1.768 OPS). Included in that line are two home runs.
It's obviously an incredibly small sample size, but a return of "second-half" Ryan Raburn could be an incredible asset to the Tigers in September and even in the (gulp) playoffs. I wouldn't blame any fans if they're well beyond trusting Raburn in the lineup (I'm there myself), but the team could still use a boost against left handed pitching (where Raburn has a career .799 OPS).
Raburn's career has been a rollercoaster ride in Detroit. It seems like every year for the past few years he's tabbed for a starting role out of spring training only to flame out once the real games begin. But just when he's counted out for good by the fans and media, he's come back with and ripped the cover off the ball. Here are his inexplicable career splits: .215/.273/.367 (1st half) and .296/.347/.491 (2nd half). That's "shouldn't be in baseball" and "probably could be an All-Star". The whould thing hardly makes sense.
I sort of pooh-poohed Raburn's thumb injury when he was placed on the disabled list on August 5, thinking it was more of a move to get him off the roster, but perhaps there was something to it. Or perhaps the DL stint served as an opportunity for Raburn to get away from the game and clear his head. Either way he should be given ample opportunity in his AAA rehab to prove that he deserves another shot to play in the big leagues, and if he does that, he should be allowed to re-join the team.
I wouldn't argue for his immediate insertion into the everyday lineup, but I would definitely not mind seeing him utilized in a platoon role against lefties. Presuming he's crushed AAA pitching for a significant number of games.
I couldn't blame anyone for their skepticism of Ryan Raburn, but let's root for him to succeed because if he does, it means better things for the Tigers.
Matt Snyder writes about Baseball, Football, and College Basketball. He can be found online as the creator and editor of Forever Faithful, the editor of The Tigers Den, a contributor to Call To The Pen, and a contributor to SideLion Report. He can be reached on Twitter @snyder_matthew.


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This Saturday, Sept 11th, I'll be playing in a half day disc golf marathon at Beth Schmidt Park in Elon. Starting at noon, I'll be playing as many holes as possible in 12 hours. My goal is to play at least 540 holes, so that will be about 30 miles of walking.
This is also a fund raising event for the Christian ministry that I work for. If you'd like information about how to make a donation please send me an email to playdiscgolf (at) gmail.com
I've been planning and training for about 6 months so I'm really looking forward to it.


text: The links below are a group of PDFs that make up the Annual Budget Book. The last link in the list is a single PDF of the entire book. The entire book is large file and may take a while to download on your computer. Introduction Budget Message Executive Summary Policies and Goals Service Areas and Departments Debt Service CIP Supplemental Information Table: 2014 Annual Budget Fiscal Year Document Document File Type Size Entire Annual Budget Book > 9.19 MB


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What Rob said just hit me kind of hard because of the truth in it. How sad it is that we only ask for a few good days put together sometimes
(this is why I am not posting much. Beside the fact that I can't string too many sentences together well I am down right depressing! Lol sorry)


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Your Bag Is Empty.
Fit: This garment fits true to size.
Length: Floor length. Size small measures 41" from waist to hem.
Bust: Great for any cup size.
Waist: Fitted - stretchy fabric allows custom fit.
Hip: Not Fitted - room for hips.
Fabric: Fabric is very stretchy.
Height: 5'8"
Bust: 34"
Waist: 23"
Hip: 34"
Wearing Size: X-Small


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Carpenter focusing on just second base this spring
FORT MYERS, Fla. -- Matt Carpenter, long one of the most versatile players on the Cardinals, is focusing on one spot this spring.
Carpenter made starts at first base, second base, third base, left field and right field in 2012. His offensive skills ensured that the Cardinals were always looking for a way to get the left-handed hitter into the lineup. This year, though, Carpenter's getting all the chances he can at second base, where there's a chance he could be the regular.
Tuesday's 15-4 win over the Red Sox was his second start at the keystone this spring. The Cardinals like what they've seen -- Carpenter looks less and less like he has to think about what he's doing. Instead, he just does it.
"He looks more reactive," manager Mike Matheny said. "He does. I know he's thinking. He's got a lot going on. It's the repetitions that have served him well. He's taken so many repetitions that I'm seeing a couple things just happen."


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A luxury home builder from Pacific Grove was arrested on suspicion of drunken driving and manslaughter after a traffic collision Sunday in Pebble Beach killed two women in the other car.
The victims, whose names were not released by late Monday, were Pebble Beach residents, ages 72 and 65, the California Highway Patrol said.
The women were in a 2005 Ford that collided head-on with a 2009 Cadillac driven by Stuart Elder, 30, of Pacific Grove, the CHP said.
The Cadillac was headed south on Sloat Road just north of Bird Rock Road about 7:30 p.m. when it crossed over into the opposing lane and into the path of the Ford, the CHP said.
The victims in the Ford were dead at the scene, officers said.
Elder was taken to Community Hospital of the Monterey Peninsula with minor injuries, while his 20-year female passenger was airlifted to Stanford Medical Center with moderate injuries, the CHP said.
Elder was booked into Monterey County Jail early Monday on charges of felony drunken driving and vehicular manslaughter.
He was released from custody about noon after posting $430,000 in bail, a Sheriff's Office spokeswoman said.
A computer index of Monterey County court records show Elder received 13 traffic citations between 2003 and 2012. Records from a single criminal case dating to November 2000 were no longer available after December 2007, the index said.
If the district attorney decides to charge Elder with gross vehicular manslaughter, he could face 10 years in state prison for each count. If he has any previous drunken driving convictions, he could face 15 years to life.
State contractor records list Elder as the sole proprietor of Pacific Grove-based ECI Building Inc., which according to the company website has a branch in Dallas and builds and remodels luxury custom homes and commercial buildings.
Among the high-end jobs shown on the site is a 13,000-square-foot house in the Santa Lucia Preserve in Carmel Valley, work on actress Doris Day's residence and a Trader Joe's store.
Elder's LinkedIn web page states he was the owner of Elder Construction from 2006 to 2011, and that he then decided to "re-create" the business as ECI Building.
State records showed Elder's contractor's license, bonding, and workers' compensation insurance were up to date Monday.
CHP officials did not say why they suspected Elder had been drinking, or how much alcohol might have been in his system.
Messages touting two after-parties following the Pebble Beach Food & Wine festival, including photos of the crowds in attendance, were posted from ECI Building's Twitter account several days before the collision.
One dated Thursday, the event's opening night, read, "After party crazy!!!"
Another was dated shortly after midnight early Saturday.
The festival ended early Sunday afternoon, several hours before the fatal crash, and it is not known if Elder attended that day.
His LinkedIn and Twitter pages were taken down Monday.


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Finn and Jakes Loyal Video Game Roommate Heads To San Diego...
What time is it? Its Adventure Time! Finn and Jakes loyal video game roommate, Beemo, has jumped out of the tree fort and into your arms as a sweet, huggable, soft plush doll! Dont worry - you wont have to travel to the Land Of Ooo to get it - this cuddly little console is a Comic-Con Exclusive priced at $20 and only available at Toynk Toys. Swing by Toynk at booth #3551 to get this 8" Adventure Time Beemo Plush doll!
To insure your action figure collection, get in touch with Collectibles Insurance, the official insurance company of the Figures.com network. Say "Figures.com" to get 5% off your first term premiums.
To buy action figures, take a look at BigBadToyStore.com, AlterEgoComics.com, PlasmaInfusion.com, Toynk.com, BriansToys.com, ToyWiz.com, and MonkeyDepot.com.


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JR wrote:There is more chance of skin wear from a slipped disc than a ripping one. Gripping tighter usually means that the fingers pop off faster meaning less friction time at least perhaps less strength of friction too i dunno about the latter. The skin will toughen over time as long as you don't get blisters and the skin will peel off. In the mean time you should limit the amounts of throws and allow the skin to grow back and probably use sports tape
Throwing lower is a hurdle that needs many components of form to right like shifting the weight forward. Video is a great tool because often times people throw differently to what they think they are doing.
I definitely had a big mix of slipped discs and ripped discs today. I think it depended on how hard I remembered to pinch it. I could tell that the ones I pinched harder turned over less and faded later which was cool. But I guess I didn't know which was causing the blister. But yeah I won't be playing for a few days so I'll be fine. Thanks for the help!


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"Things With Wings"...
For a great selection of action figures and collectibles, check out BigBadToyStore.com, ToyDorks.com, BriansToys.com, ToyWiz.com, SmallJoes.com, PastGenerationToys.com, Urban-Collector.com, MonkeyDepot.com, HobbyLinkJapan.com, and Sekaido.com.
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Mezco is taking thier popular Living Dead Dolls to new heights... literally... with Series 21: "Things With Wings".
Living Dead Dolls Series 21: "Things With Wings" is scheduled to ship in mid-May 2011. All five dolls are priced at $132 and currently available for pre-order via MezcoDirect.com.In the dark still of the night, a new kind of evil takes flight,
Winged creatures ascend from where the Living Dead Dolls dwell,
And swoop down on the masses likes bats out of hell,
Angels and demons, pixies and fairies, make up the twisted creations of series 21,
And so the celebration of the 13th anniversary of Living Dead Dolls has begun.


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15 U.S. Code § 80a–3a - Protection of philanthropy under State law
prev | next
(a) Registration requirements
A security issued by or any interest or participation in any pooled income fund, collective trust fund, collective investment fund, or similar fund that is excluded from the definition of an investment company under section 80a–3 (c)(10)(B) of this title, and the offer or sale thereof, shall be exempt from any statute or regulation of a State that requires registration or qualification of securities.
(b) Treatment of charitable organizations
No charitable organization, or any trustee, director, officer, employee, or volunteer of a charitable organization acting within the scope of such person's employment or duties, shall be required to register as, or be subject to regulation as, a dealer, broker, agent, or investment adviser under the securities laws of any State because such organization or person buys, holds, sells, or trades in securities for its own account in its capacity as trustee or administrator of, or otherwise on behalf of or for the account of one or more of the following:
(2) a fund that is excluded from the definition of an investment company under section 80a–3 (c)(10)(B) of this title; or
(3) a trust or other donative instrument described in section 80a–3 (c)(10)(B) of this title, or the settlors (or potential settlors) or beneficiaries of any such trusts or other instruments.
(c) State action
Notwithstanding subsections (a) and (b) of this section, during the 3-year period beginning on December 8, 1995, a State may enact a statute that specifically refers to this section and provides prospectively that this section shall not preempt the laws of that State referred to in this section.
(d) Definitions
For purposes of this section—
(1) the term "charitable organization" means an organization described in paragraphs (1) through (5) of section 170(c) orsection 501 (c)(3) of title 26;
(2) the term "security" has the same meaning as in section 78c of this title; and
Source(Pub. L. 104–62, § 6,Dec. 8, 1995, 109 Stat. 685.)
Section was enacted as part of the Philanthropy Protection Act of 1995, and not as part of the Investment Company Act of 1940 which comprises this subchapter.
Effective Date
Section applicable as defense to any claim in administrative and judicial actions pending on or commenced after Dec. 8, 1995, that any person, security, interest, or participation of type described in Pub. L. 104–62is subject to the Securities Act of 1933, the Securities Exchange Act of 1934, the Investment Company Act of 1940, the Investment Advisers Act of 1940, or any State statute or regulation preempted as provided in this section, except as specifically provided in such statutes, see section 7 ofPub. L. 104–62, set out as an Effective Date of 1995 Amendment note under section 77c of this title.
LII has no control over and does not endorse any external Internet site that contains links to or references LII.


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Veterinary Mobility Act seems to have clear path to President's desk
The Veterinary Mobility Act, H.R. 1528, continues to gain momentum after being passed out of the House Energy and Commerce Committee April 3. The bill has been at the top of the American Veterinary Medicine Association's legislative agenda. Ashley Morgan, DVM, assistant director for the AVMA's Governmental Relations Division, says the bill could go before the full House as early as this week.
The bill to amend the Controlled Substances Act to exempt mobile veterinarians has significant bipartisan support. At the urging of Rep. Joseph Pitts (R-Penn.), the chairman of the Subcommittee on Health, H.R. 1528 was approved by the full committee with unanimous consent without further discussion or dissent. Morgan considers this a huge victory for the veterinary profession, as there seems to be a clear path to passage. "The Senate has already unanimously passed its version of the bill back in January, so once H.R. 1528 gets passed out of the House, it will pave the way for the bill to get signed into law by the president," Morgan says.
The passage of the Veterinary Mobility Act will allow veterinarians to carry and use controlled substances in the usual course of practice outside of locations registered with Drug Enforcement Agency. It will also alleviate legal burdens the CSA creates for veterinarians practicing in multiple states. The founders of the U.S. House Veterinary Medicine Caucus--Reps. Kurt Schrader, DVM, (D-Ore.) and Ted Yoho, DVM, (R-Fla.)--introduced the legislation last spring after veterinarians received notices of noncompliance from DEA field officers.


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Between facelifts for existing parks and plans to expand others and create still more, the Greater Vallejo Recreation District is gearing up for "a flurry of work this summer," says General Manager Shane McAffee.
Some frugality and about $1 million collected from the Measure K parcel tax passed in April is allowing the district to move forward with some long-stalled projects, he said. Measure K is a six-year, $48-per-household parcel tax.
"We're going to be putting up shade structures in the dog park, painting the (Vallejo) Community Center (on Amador Street) and re-paving the Dan Foley parking lot," McAffee said. "We hope to build two or three new parks/playgrounds to replace existing ones, this summer, also."
Daalwyk Park is likely among those getting a facelift, he said. Others that may be in line for work are Federal Terrace Park, North Vallejo's Setterquist Park, Castlewood Park near Hogan Middle School and central Vallejo's Washington Park, he said.
Longer-term projects in the works include a park in Hiddenbrooke's south end, something residents there have been awaiting nearly a decade, McAffee said. In April, the City Council approved the project, which will be overseen by the city. The park will be operated and maintained by GVRD. The Vallejo City Unified School District owns the site, where a school had been planned. Any future school will abut the park, McAffee said.
"The concept plan is designed and the city has a contractor hired and is working on environmental permits," McAffee said. "Construction should start a year from now."
It was a harder fight than Hiddenbrooke resident Jim Libien said he expected when he embarked on it eight years ago. Now, "delighted with the design and just looking forward to it becoming a reality," Libien said he expects his now 4-month-old grandchild to one day make good use of the new park.
"We need an outdoor place for recreation that will tie into the (existing Bay Trail) and it will be a terrific addition to the community," he said.
Some of the larger planned projects are years away, McAffee said. An example would be the hoped-for expansion of Richardson Park, of which about a third is unusable because of an old storage area and an abandoned swimming pool, he said.
GVRD officials are in discussions with the owners of a property at 1110 Colusa St. that appears to meet the district's needs for replacing its Richardson Park corporation yard, McAffee said. This would be the first step in making a large swath of land available for park use, he said.
"It's been planned out for eight years in the master plan to redevelop that park," he said. "We've had a few Realtors keeping their eyes open and notifying us and we've looked at seven or eight alternatives over the years."
The Colusa Street site, with an asking price of about $800,000, is properly zoned and seems to be the best possibility so far, he said. Funding to buy it would come from the sale of a piece of surplus property, some of the district's reserves and financing.
"Right in the middle of the park is a derelict, condemned pool and a 1940s maintenance building, left over from public housing, with a leaky roof and no restrooms that's keeping the from being as well utilized as it could be," McAffee said. "Our master plan calls for us to make the park better, to redesign it. The first step is to tear those down, once we find a new corp yard."
All that is likely years away, and would first require community input, he said.
"We'd sit down with community members to ascertain their needs and wants for the park," he said. "Now there's a softball field, a grass area, a playground and a parking lot, but anything is possible -- a sports field, playgrounds, gazeboes, shaded picnic structures, bocce ball courts, anything."
Contact staff writer Rachel Raskin-Zrihen at (707) 553-6824 or email@example.com. Follow her on Twitter at RachelVTH.


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Tigers Team Up for "Teen Driving Safety Night"
Motor vehicle crashes are the leading cause of death for teens. That's why AAA, the Detroit Tigers and the Michigan State Police (MSP) joined together today (May 23) to encourage teens to be safe drivers this Memorial Day weekend, the start of the summer driving season.
The three organizations support a key traffic safety message aimed at all drivers – but especially important for new teen drivers – pay attention while driving and buckle up this holiday weekend and throughout the summer.
AAA projects an estimated 1.1 million state residents will travel this holiday weekend, with 92 percent going by motor vehicle. Many will be new teen drivers. AAA teamed with the Detroit Tigers to bring the teen traffic safety message to Comerica Park. "To help new teen drivers learn more about safety driving, we will have two driving simulators at the ball park during Friday night's game," said AAA Traffic Safety Manager Jack Peet. In addition, the first 5,000 teens entering the ballpark will receive free keepsake AAA and Detroit Tigers key rings.


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Kimberley Eden Steele, M.D., Ph.D.
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Expertise: Adrenal Disorders, Bariatric Surgery, Colorectal Surgery, Diseases of the Small Bowel and Colon, Gastric Bypass Surgery, Gastrointestinal Surgery, General Surgery, GERD Surgery , Hernia Repair, Hernia Surgery, Hernias, Lap Band Surgery, Laparoscopic Bariatric Surgery, Laparoscopic Gastric Banding, Laparoscopic Roux-en-y Gastric Bypass, Minimally Invasive Surgery, Pancreatic Disease, Sleeve Gastrectomy , Surgery, Weight Loss Surgery ...read more
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Kimberley Steele, M.D. specializes in general surgery, minimally-invasive surgery, and bariatric surgery. She has research interests in the neurochemical and metabolic effects of bariatric surgery, and operative techniques in laparoscopic surgery.
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- Assistant Director of Surgical Clerkship - Johns Hopkins Bayview Medical Center
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Burke got the axe Wednesday morning because BellBig shocker! A corporate suit like Cope doesn't care much for a crude Irishman who, rumor has it, likes to have a drink every now and then ( cough, cough, wink, wink). Burke's a loose cannon. That's not going to fly when Rogers and Bell own 75% of Maple Leaf Sports and Entertainment. Despite getting that part right, Cox showed ignorance vis-a-vis the Rogers-Bell relationship:
President and CEOGeorge Cope, after months of campaigning for Burke's dismissal, finally wore out the Rogers suits and Leafs minority ownerLarry Tanenbaum ... Cope didn't like Burke's style, his manners, his profanity, his lifestyle.
This is the first really big sports decision undertaken by the partnership of Bell and Rogers that now controls Maple Leaf Sports and Entertainment. Not only was it done in such a way that should make Leaf fans very worried, it may also be an indication why this corporate partnership of media rivals is destined not to last.Rivals. I love it! Rogers and Bell are rivals like Apple ( AAPL) and Amazon.com ( AMZN) are mortal enemies. Loose similarities actually exist between the two sets of partners the media likes to hysterically paint as foes. You know the deal with Apple and Amazon. They both make hardware. They both provide excellent user experiences via smart and seamless ecosystems. And they scratch each other's backs feverishly. Apple devices dominate mobile e-commerce traffic. A significant chunk of that activity, if not a vast majority, happens in the Amazon online store. The numbers from the holiday period clearly support this contention. Things might be even more symbiotic between Rogers and Bell. The two companies simply have to act like "rivals" to keep regulators off their tails. They both want the same thing from their joint ownership of MLSE and every other area they nearly monopolize in Canada -- mobile, cable/satellite, media -- you name it. Leafs fans should be thrilled that Rogers and Bell control the team now. We might finally make the playoffs. Yes, "we." I'm a fan. Have been for a while. In fact, I just put a new profile picture up on Twitter ( check it out!). This one just missed the cut. Cramer didn't like it:


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April 26, 2013 8:00 am
Before it was a big league city, people were worried that Denver might be too snowy for Major League Baseball.
The Rockies this season have already had three games postponed due to snowy weather. They've played a split doubleheader where the game time temperature was 23 degrees—for the afternoon game! More than once already, the club has had their employees—including mascot Dinger!—out on the field for hours, trying to shovel all the snow away so that a game could be played without digging out any cross-country skies.
It's been exactly the kind of winter that Denver mayor Federico Pena was always afraid of.
April 24, 2013 8:11 am
A 1980 controversy reminds us how touchy the relationship between baseball and beer could be, even in the home of the Brewers.
The Milwaukee Brewers media guide gives only the briefest of mentions for how the club got its name:
1970: The team is renamed the 'Milwaukee Brewers' as a tribute to the city's long association with the brewing industry.
April 19, 2013 2:29 pm
A look at some of baseball's best moments found at MLB.com.
In an attempt to bring some positivity to your computer screens this week, I present to you a run-down of some of baseball's best moments, as found at MLB.com.
Ted Williams is honored at the 1999 All-Star Game
April 17, 2013 7:56 am
A new project promises to be one of the more entertaining baseball books in recent years.
We've all thought it. Heck, many of us have even said it. Watching the exploits of Eric Gregg, Phil Cuzzi, Jim Joyce, and so many others, it's hard not to believe it at least once. "We want robot umpires!"
April 15, 2013 7:21 am
An article in the June 1948 issue of "Boys' Life" shows us how quickly Jackie Robinson was recognized as a role model.
April 11, 2013 7:27 am
An unconventional source of power was credited with Mickey Tettleton's surprising 1989 campaign.
There weren't many expectations for the 1989 Orioles. The year before, the club had set the bar for futility by losing the first 21 games of the season. They would end the year with a 54-107 record. In the offseason, management traded the golden gloved, silver slugging first baseman and perennial MVP candidate Eddie Murray to the Dodgers for Juan Bell, Brian Holton, and Ken Howell. It was hardly a steal for Baltimore and, what's more, the club suddenly had a 30 home run-sized hole in their already weak lineup. No one expected the O's to do anything but remain in the cellar for another year.
Then Mickey Tettleton came to the plate. Tettleton, a catcher, came up with the A's in 1984 at the age of 23. For four years, he acted as a serviceable backup, appearing in roughly half of Oakland's games. In 1986, he played in a then-career high 90 games, knocking out 10 home runs in 211 at-bats (to go along with his .204 batting average). Following Terry Steinbach's breakthrough 1987, Tettleton was cut from the team in spring training. He quickly signed on with Baltimore, where he took on a very similar role for the (dubious) record-setting club. He ended that memorable 1988 season with 11 home runs and a .261 average in 286 at-bats.
April 9, 2013 6:12 am
Which of these three home runs by Justin Upton was hit the farthest?
Pop quiz: Which of these three home runs hit by Justin Upton over the last three years had the longest true distance?
A) July 27, 2011, at Petco Park vs. Cory Luebke
April 8, 2013 7:25 am
Breaking down the 2013 interleague schedule for all 30 teams. What teams are forced to deviate from their regular roster/lineup construction for the longest stretch of the year?
With the Astros finally moved into the American League, we have a very different interleague schedule this year. Not only does it mean that there is now at least one interleague series happening each day of the season, from April to October, it also means that the "rivalry weekends" that were the highlights of the interleague schedule fifteen years ago have been re-shaped. Additionally, the newly balanced divisions mean that, outside of the rivalry games, all teams in a given division can play the exact same teams as their divisional opponents. No longer do the schedule makers have to worry about a six-team division matching up with a four-team division.
So how did the schedule makers do? Did the schedule turn out as balanced as can be? Were they able to ensure that teams from any one division would have the same opponents as their division-mates? Were all clubs given the same number of interleague matches or did some lucky squad or two end up a series short? One thing to remember here is that, with interleague games happening all year long instead of on two or three specific weekends, clubs are now on unequal footing when it comes to setting their rosters for the change in league rules. If one team, for example, only ever has to worry about forcing their pitchers to hit one weekend a month, they are probably in a better situation than the club forced to suddenly remove their all-star DH for nine straight games. National League clubs playing in American League ballparks will have similar problems in trying to add a DH for extended periods of time.
April 4, 2013 9:52 am
The technology to consume and enjoy baseball games today makes this one of the best times ever to be a baseball fan.
The recent spate of no-hitters and perfect games has really helped to show us how far the technology for enjoying baseball has come in the last two decades. Comparing how we learn about and consume these historic games today with even ten years ago is a lesson in how rapidly technology can evolve in the Internet Age. For fans of baseball, this is a great thing.
In 1990-91, there were fourteen no-hitters thrown around the major leagues, including two from Nolan Ryan and a perfect game from Dennis Martinez. At that time, in our cable-less house, I would have been lucky to hear about the no-hitter by the next day, when my older brothers or I happened to see it in the newspaper. If it was a name I recognized, like Ryan, and it happened to fall on the right day of the week, I may even have been lucky enough to hear about it that night. If the event happened to fall through those cracks, however—a pretty easy feat to accomplish—I might not have heard about it at all until I ran across a Topps or Upper Deck card commemorating the feat the next summer. How else would a kid from central California have been expected to hear about the Kent Mercker-Mark Wohlers-Alejandro Pena combined no-hitter?
April 2, 2013 8:57 am
Injuries can happen anywhere at any time. For Paul Molitor's finger, it was while running laps.
Spring training is the time of year when everyone's future is wide open and anything can happen. It's the time of year when players get into shape and play around with new skills. It's the time of year when fans come out to sit 20 feet from their favorite players and beg for autographs. It's the time of year when Joe Schlabotnik IV, wearing number 86, might face off against Señor Spielbergo (number 93) in a game-changing situation.
And it's the time of year for injuries. They happen everywhere: in the World Baseball Classic, in spring training games, in the hotel room, in dreams, at the car wash, and just about anywhere else you can imagine.
March 31, 2013 12:47 pm
Game of Thrones and MLB's Opening Day have more than a few things in common.
Two of the most anticipated events of the spring finally arrive this evening. Down where the stars at night are big and bright, the Texas Rangers and Houston Astros ring in the 2013 Major League Baseball season with the first game of the year. Meanwhile, over in Westeros, where the summers are long and the winters longer, the rangers of the Night's Watch, the Imp in King's Landing, and the Mother of Dragons welcome us to the third season of HBO's Game of Thrones with the season's first episode, "Valar Dohaeris."
In honor of this fantastic night of channel-hopping, I present to you ten house sigils of current major leaguers (plus two bonus sigils). You can create the sigil of your own favorite player at Join The Realm.
March 27, 2013 7:29 am
A century old story shines some light on Connie Mack's greatest secret.
Ad Gumbert was a well-traveled right-handed pitcher who played his last game in 1896. In his nine year career, Gumbert pitched for National League squads in Chicago, Pittsburgh, Brooklyn, and Philadelphia. In 1890, he finished 23-12 for the Boston Reds of the Players League under manager King Kelly. In all this time shuttling around the league, Gumbert met many of the game's characters and walked away with a few stories.
In a 1911 issue of Baseball Magazine, Gumbert shared this tale on the greatest play he ever witnessed.


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Topic: blood thinner whilst having radiation
Hi everyone,
I am on day 4 of xeloda and radiation treatment (6wk cycle). So far its all going well with no side effects, touch wood it stays this way!
My question is this, My Doctor has decided that I should be self injecting myself everyday with the blood thinner Clexane (enoxaparin sodium) as they are worried there is a risk of small blood clots in the portal and small veins around where my radiation is directed. I am worried about my platelet levels which are always very low and the risk of bleeding! has anyone had any experience or heard of this?
Many Thanks in advance


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Eclairs – Daring Bakers
It's been a while since I've been able to participate in a Daring Bakers Challenge. But I was excited to see this months challenge was eclairs. I've never made eclairs but really enjoyed eating them in the past. This month really flew by. I made these eclairs last weekend with plenty of time to write up my post. Then we had some family members in town and I just couldn't find time to write this up until today. So I am a day late on posting, but better late than never!
I followed the recipe exactly for the dough and the chocolate glaze. For the pastry cream, I was worried that chocolate would make the eclair too chocolatey (is there such a thing? I say no, but hubby thinks there is).
I decided to do a raspberry pastry cream, but didn't have raspberries on hand at the time I made it. Instead did vanilla pastry cream. For half of the pastry cream, I mixed in some mushed up raspberries after sending hubby to the store for me 🙂 The other half got the vanilla pastry cream.
I myself am not a huge fan of pastry cream. I much prefer whipped cream in the center of eclairs.
As I mentioned, I followed the recipe exactly for the dough. That includes the timing and the propping of the door with a wooden spoon. Based on what other Daring Bakers had said, I decided to cut slits into the eclairs immediately after baking and then letting them cool in the cooling oven. The ones that didn't deflate were wonderfully hollow.
At first, I had the oven door entirely open but I did notice the eclairs were starting to deflate, so I closed the oven door and then propped it open to let them cool. The eclairs that were very close to the door did deflate while the others did not.
Thanks to our hosts (Tony Tahhan and Meeta) this month for choosing such a great recipe. I definitely enjoyed making the eclairs, although I doubt I'd make them again. It was a significant amount of work and hubby wasn't crazy about them.
I'm not going to post the recipes here, click through to the hosts' posts to see the recipe. The recipe I used for the pastry cream can be found here. As I mentioned, I didn't have raspberries when I made it so I just left them out. Once it was completely cooled, I added 1 pint of smashed raspberries to 1/2 of the cream.
This chocolate glaze was amazing. I made 1/2 of the chocolate syrup recipe and it was perfect for the glaze. The leftover glaze was used on bread and then mixed with whipped cream for frosting.
5 Responses to "Eclairs – Daring Bakers"
I think that my raspberry cream recipe didn't call for enough raspberry. Oh well. Yours looks fantastic! Such pretty colors.
Thanks!! The raspberry cream was a lot runnier than the vanilla, but it was tasty.
The raspberry cream has such a wonderful color! So bold against the neutral eclair.
Your eclairs turned out really well! I love the pink of the raspberry pastry cream against the glaze.
Wow… Your eclairs are adorable and look amazing!


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Clinique Anti-Gravity Firming Eye Lift Cream Reviews
The holy grail!I looked long and hard, and researched countless reviews on this cream before I decided to purchase it. This is one of the few creams that I really couldn't find any negative reviews. The reason? This cream WORKS. I am normally a budget beauty, but the one product I have no problem splurging on is a good eye cream. $37 is a lot to spend on a beauty product, but for eye cream, I think the price is ...read morereasonable, especially since this product delivers. The cream is the thickest I have come across and it moisturizes endlessly. The first fine lines are often as a result of dryness and this cream erases all of those, and prevents more from coming. I will continue to use this forever. Oh and I am 33 and the only negative reviews I was able to find on this product are on TB. — 5 years agopixie_dust | 492 reviews
This review is: Helpful | Not helpful | Inappropriate | 0 of 1 people said helpful
so-soThis cream is fine for sensitive skin. It did not cause acne on my dry/combo skin. It is very rich, moisturizing, and creamy. It is expensive and I feel the jar compromises the integrity of the beneficial ingredients and makes it a breeding ground for bacteria--yuck! It is also messy for those of us with longer nails. It is fine as a moisturizer but I noticed no firming or lifting as it claims, and think you could find a better product for the price. — 4 years, 10 months agoThorne | 456 reviews
This review is: Helpful | Not helpful | Inappropriate | 0 of 1 people said helpful
Great MoisturizerI really like this cream because it has a heavy and smooth texture and really softens my skin. It improved the look of my skin a little, but mostly in texture. It made my skin hydrated and soft and feels great on. — 4 years, 10 months agoStef42678 | 500 reviews
A bit too heavy for younger skinI got a little over zealous at the Clinique counter and got this eye cream for "preventative measures". The lady working there advised against it for my 20-something skin, but I insisted on buying it. I realize now that she was right and that I should have saved my $35 and bought dinner with it instead! I admit that I get a little obsessive with my skin, and this was definitely not one o...read moref my best purchases. Not age appropriate for me. It's a little heavy for younger skin, although I could really see it working wonders for someone with more mature skin. Doesn't really address dark under eye circles that someone in their 20s may experience (stick with All About the Eyes!). — 4 years, 10 months agoModernDayWriter | 205 reviews
This review is: Helpful | Not helpful | Inappropriate | 7 of 11 people said helpful
LikeOne of my favorites. 10 from me. — 4 years, 10 months agocapecorona | 127 reviews
CliniqueOne product that could do without Cliniques brand name. — 4 years, 10 months agoDpattiD | 217 reviews
Not for meI didn't see much of a difference using this product for quite a while — 4 years, 10 months agofabbymj | 199 reviews
Just got a sample of thisI am in my early 40s and have just started worrying about wrinkles. I received a sample of this and am trying it out now. So far, so good! It is light and you don't have to use a lot of it. — 5 years, 5 months agobrumzoo | 25 reviews
Pretty darn goodI have tried every price point from Obagi eye gel to Roc but this eye cream seems to actually be worth the money. I noticed a nice lift n hydration about two weeks in. It's much better than All About Eyes! It seems to really show results n it leaves my eyes feeling pampered. — 5 years, 11 months agoNikmo | 22 reviews
This review is: Helpful | Not helpful | Inappropriate | 2 of 3 people said helpful
The best ever.I was so impressed with the eye-cream version of this line that I bought this face cream. WHAT A MIRACLE FOR MY 40'S SKIN! My nasolabial lines disappeared after two days of applying this cream. My forehead furrow or #11 is gone and I can easily try apply my Clinique make-up over it. I highly recommend this if you want real results and not some empty promises. — 4 years, 10 months agolovelasts | 4 reviews
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"In my day you had musicians who experimented with drugs. Now it's druggies experimenting with music" - Alfred G Clark (circa 1972)
Phillips singles.
I'll take it
Most Vottomatic Player
Why would you bring back Chapman for a second inning reducing his availability(or at least effectiveness) if he's needed to pitch tonight? The strategy changes dramatically when you have no idea if him pitching a 10th inning will actually lead to a win.
I just want to know why Dusty doesn't have someone warming in the pen. 1 more run and definitely 2 more runs and you're really putting a lot of pressure on the offense. Leake hasn't fooled anyone. His pitches are getting hit. Hard.
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