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Exploring the Cardinal Sins of WoW's Pet Store
Each week, Chris "Syeric" Coke gives his unfiltered thoughts on the MMO industry. Taking on the news and hottest topics, Chris brings his extensive experience as a player and blogger to bear in Experience Points. This week he examines the expansion of WoW's pet store and how many lessons Blizzard seems to have missed.
World of Warcraft hasn't been doing well, at least not by WoW standards. In May, it was reported that the game had dropped to 8.3 million subscribers, continuing what's becoming a quarterly trend of disappointing earnings calls and bolstering the sense that its community is bleeding out. While the game still has more "subscribers" than most other AAA MMOs combined, that reassuring fact is undermined by Eastern players not paying a subscription fee at all and instead paying by the hour. Considering that North Americans are thought to make up the minority of the player base, the increasing decline of WoW in China doesn't spell good things for the game. Parent company Vivendi is trying to sell off Blizzard entirely. In that light, is it any surprise that a cash shop is being expanded in World of Warcraft? That's our topic this week, and I'm here to look at just how many cardinal sins it's committing.
From Leader to Follower
Let's face it; WoW isn't an industry leader anymore. For a time, every game that came out aspired to Blizzard's success and tried to recreate the Warcraft experience. Their games would be WoW but better and heir to the throne. Instead, they came out as all MMOs do, in launch states, and paled in comparison to World of Warcraft's years of polish and content. Instead of toppling the behemoth, they fueled its patches with recently acquired ideas. The battle continued in this fashion, the many David's versus the one Goliath, for some time.
Millions of dollars and one Star Wars: The Old Republic later, the industry gave up and made way for free-to-play, changing the landscape entirely. As MMO after MMO shifted from subscription-only to sub-optional or completely free, players spread out like water from a dam. Social bonds previously tied exclusively to WoW now existed in greener pastures and, as players moved, so did their expectations of each MMO to follow. Years of approaches previously written off as gimmicky and untested suddenly became the heralds of modern MMO design. WoW, tried, true and ultimately familiar, showed its age more than ever before. Warcraft was no longer the place to be but one of many.
In short, World of Warcraft was no longer shaping the industry. It was living in it.
Enter the Cash Shop
So I repeat, is it any wonder that WoW is introducing a cash shop? Half-hearted promises of quicker updates and faster expansions can only do so much—especially when you only half-deliver. The expansion of the pet store is an admission of market share. It is a message to investors that a plug is being put in the leaky hull of the earnings boat.
On the surface, the approach isn't bad. WoW isn't selling levels (though it's coming close). It's not selling gear or stat boosts or balance breakers. Instead, what's for sale is an array of pets, cosmetics and experience potions. That's the shallow appraisal.
Here's another: World of Warcraft's cash shop is lazy, poorly thought out, and alienates its most devoted players. For a company so steeped in watching industry trends and, erm, adopting other games' good ideas, the entire approach seems ham-fisted and rushed.
Anyone who's watched the market for a while knows that there are big pitfalls any prospective cash shop can fall into; cardinal sins, if you will. It's time to throw Blizzard a rope.
Cardinal Sin #1: Double Dipping
This is the most common criticism you're likely to hear: World of Warcraft charges a subscription fee and is audacious enough to ask for extra money. In itself, this is nothing new. The simple existence of a cash shop alongside a subscription option shouldn't be a rallying cry to start picketing lawns. In fact, real money purchases have existed for ages in WoW. They made millions on their $25 mounts and $10 battle pets and only naiveté would justify not expecting the store to come in-game.
The problem is that most MMOs with cash shops also keep their subscriptions optional. WoW's is mandatory. While the pet store was on the website, it was separate and ignorable. Now that it's in-game, the simple presence of its button induces a subtle pressure to pay more. Having a bigger wallets has made an impact in WoW (see Collector's Editions, TCG items, and Blizzcon schwag) but the impression was passing.
That's not the case anymore. Every gameplay session is underlined by that ignorable, but irritating, little button. Players resent feeling nickel and dimed and when WoW, the most successful MMORPG in history, does it, they have a right to be irked.
Cardinal Sin #2: Ignoring the Original Problem
Selling experience potions is a problem and a big one. The simple fact is, after a certain point— say, an alt or two—players become tired of leveling through the same content. It doesn't matter how good the quests are, after you've seen them a couple of times, they're played out. Blizzard's answer to this has been heirloom items and experience boosts. The Enduring Elixir of Wisdom piggy-backs on that concept but for real money.
There is a fundamental problem with Warcraft selling experience potions for cash: they're charging money to avoid designing a solution to the core problem. The vertical, Just Add Levels™, expansion scheme guaranteed that players would eventually want a way to bypass grinding the same content. Suggesting "maybe they'll pay their way out of it" isn't an acceptable solution, not when we're already paying a team of designers to actually design.
The current potion is limited to Mists of Pandaria content. That doesn't matter and players justifying it fail to see the pet store for the testing bed it is. Blizzard has discussed the problem of previous expansion leveling for years. With flagging subscription numbers, how long will it be before a 1-85 potion makes an appearance? If these sell, there will be zero motivation for Blizzard to do anything other.
Cardinal Sin #3: Making it Feel Mandatory
And simply because the above is true, buying experience potions is likely to feel mandatory. Raid groups will need their alternates, friends will want you to join them, and frankly, the phrase "the real game begins at level cap" is no truer than in World of Warcraft. There is powerful social and mechanical pressure pay up on that final level climb. Pandaria is a hike. Leveling at the normal rate for second time can feel so grindy that it's groan inducing, especially riding on the back of the previous 85 levels.
While everything in the Pet Store is optional, given a little pressure and the general feeling that you just want to be through, you come up with a recipe for begrudged purchases and a more than $14.99/month investment.
Cardinal Sin #4: Designing for the Cash Shop
Blizzard is the king at ignoring fundamental lessons of the last few years, so it's no surprise that it missed the one on not weighting design toward the cash shop. Selling vanity gear is no big deal when those items can be acquired in-game, but that's not the case here. In the near future, Blizzard will be selling unique, ethereal headwear for real cash. In fact, these items are right up there with the best raid gear ever released, minus the stats. In the official post, Bashiok calls these "transmogrifiables." That's a category and we can expect more of it. Imagine a world where raiding no longer offered the exclusive take on the flashiest gear. That's a real possibility. Now imagine how raiders, arguably some of the most dedicated World of Warcraft players, will react. And Blizzard doesn't see this as a problem?
Let's also talk about pricing for a minute. Each of these head items will cost fifteen dollars. Fifteen dollars. That's beyond any form of micro-transaction and borders on price gouging. Then again, this is the company that introduced the world to the $25 sparkle pony, so it's not exactly a surprise. Just like then, Blizzard is setting an exorbitant price because they can count on players keeping up with the Joneses. More troubling, however, is a fact recently pointed out by Rob Roberts on the Horde House podcast: instead of incentivizing players returning to old content - perhaps the content these helms are themed after? - and offering players more value for their existing subscription, Blizzard is more concerned with opening your wallet for a separate fifteen-dollar charge. We can rightly ask: what are the developers more focused on, stocking the cash shop or making a better game?
There are also unique items, similar to those available in the trading card game, but nothing exists that would convince old players to return. Rather, it suggests that if you don't like it, don't buy it. Fair enough, but making an example of wringing existing players doesn't exactly make me want to re-subscribe.
Creating the perception that the design motivations are shifting away from the game and into the cash shop is a big cardinal sin.
These are early days for the WoW cash shop and I propose that we allow it to work out the kinks. But that means players need to rally and forcefully teach these lessons. Take to the forums. Join the 1600 comments on the official post on the new items. Make your voice heard, because here's another question: If Blizzard is smart enough to rise to the top, to take ideas and refine them, and to become an almost legendary game maker, is it ignorance that's driving these designs or the simple arrogance that their players will take what they're given?
Chris "Syeric" Coke
Follow him on Twitter: @GameByNight


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I love cleansers! Cream type, Balm type, Foam type, Gel type, Oil type – it doesn't actually matter what type but if it looks good I will give it a go.
I've been trying out more things from Boots No. 7 Skincare lately and I think its pretty decent stuff especially the newer ranges (Protect & Perfect and Life & Luminate).
One of their newer additions is the Hot Cloth Cleanser, similar to the other cleanser that include a 'cloth' – Liz Earle, Eve Lom, Soap & Glory etc.
The Radiance Boosting Hot Cloth Cleanser is not a balm but a rich, creamy cleanser. You get a generous large pump of product and a small muslin cloth in the set.
I have to say I'm not a fan of using muslin cloths to clean. I get that they have a slightly rough texture and therefore can exfoliate too but I find them to thin, too small, to easily soiled.
I prefer a fluffy face flannel any day (its how my momma always washed my face as a child!).
Here is the cream – a glorious creamy opaque white concoction:
This is my favourite kind of cream cleanser, rich and easily..erm, spreadable…How to Use
Close your eyes, using your fingertips, gently massage over dry skin in upward circular motions. Run the muslin cloth under comfortably hot water, wring out the excess and place cloth over your face and relax whilst the hot cloth gently opens your pores. Then, using the cloth, lightly polish off the cleanser in circular motions, to remove any impurities. To finish; splash your face with cold water, to close your pores, and pat dry.
This won't remove your mascara and things – use a make up remover first.
So I used this for a while and I really really like it! For one thing its a lot cheaper than the likes of Eve Lom and easily bought from any Boots store.
Its nice to use and its easy to wash off too. My skin felt softer, and not too dried out afterwards. I definitely prefer to use this cleanser with a flannel though (not the provided little cloth).
I'm not sure how far this cleanser truly registers as a hot cloth cleanser…I mean its feels like a rich cream cleanser, and it will wash off with water itself where as a balmy cleanser would need the help of a cloth…
Well who cares…its a fabulous cleanser and will last for ages.
You can buy it online for £8.75 or in stores (there's always lots of offers going on with Boots No. 7).

subset: commoncrawl


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We sincerely hope this online source of Southwest Florida events helps you maximize your enjoyment of the Naples and Bonita Springs area. Times, cost (if any), and dates subject to change or cancellation.
Farmers Market at Third Street South
September 19, 2020 @ 7:30 am - 11:30 am
An event every week that begins at 7:30am on Saturday, repeating indefinitely
Fruits, vegetables, breads, quiche, brioche, pastas, sauces, jams, jellies, cakes, pies , pastries, cheeses, fresh crab, delicious prepared foods,orchids, flowers, plants, pottery, organic specialities, spices, fresh guacamole, fudge, stone crabs, smoked fish, hats, soaps, shell mirrors, woven coconut frond hats and baskets, homemade dog treats, colorful Kenyan weaves and much, much more can all be discovered at the Farmer's Market.
Bring the family, bring the dog, ride your bikes there, remember the camera……..just go! There is live musical entertainment set up at the end of the row to add to the atmosphere. It's great for people watching and you won't leave empty handed.
From mid-November through April the Farmer's Market resides directly on Third Street South between Broad Avenue South & 13th Avenue South. Year-round, the Third Street Farmer's Market is open every Saturday morning from 7:30 until 11:30 a.m. From May to November, find the Market behind Tommy Bahama in the Neapolitan parking lot between Third Street South and Gordon Drive.
Some of the regular vendors are listed below (updated 8/19/17):
ANITA'S GUACAMOLE – A "vegan power-punch" made only with fruits an vegetables selected at peak ripeness with no preservatives, dairy or additives of any kind – made the same way Great Grandma Anita used to make: a unique blend of peppers, tomatoes, onions, herbs and spices mixed into the superstar Hass avocado and elevated by a hint of citrus.
ANABELLE JOHNSON POTTERY– Local artist displays her wares.
ANGELA'S PASTA – Fresh and dry pasta, ricotta impastada, sauces, gluten free and organic pasta.
ANNA'S SEAFOOD – A focus on freshcaught, local seafood.
ARROWHEAD BEEF – Florida fresh grass-fed beef, pork and chicken.
BAM GERMAN BAKERY – Artisan breads, pastries, cakes, and an assortment of other German delicacies. We went back to the basics, and all of our products are handcrafted, made fresh daily, and do not contain any additives or preservatives. We firmly believe in baking the difference with each of our quality products. BAM also provides fresh baked bread and pastries to some of the most distinguished restaurants in Southwest Florida.
BELLA MARIA CAFE – Bella Maria serves freshly made warm quiches, pastries such as napoleons, canolis and tartlets.
BLACK TULIP COFFEE – At Black Tulip Coffee we believe in sourcing the best quality single origin un-roasted "green" coffee beans from around the globe and roast them in small batches to bring out the flavors and nuances specific to the region from which the beans are from.
BURTON'S MAPLEWOOD SYRUP – Florida distilled, aged maple syrup. Regular, bourbon, and rum-flavored.
CALAMONDIN CAFE – Sweet and savory Calamondin products such as cakes and jam from locally grown fruit.
CAPTAIN & KREWE SEAFOOD – Supports local fishermen; purveyor of fresh fish and stone crab (in season).
CATHY'S HERBS AND BOTANICALS – Unique herbs, spices, herbal teas, and local gourmet specialties.
CHEZ BOET – Join in on some lively French conversation while you're waiting for an authentic French quiche or a traditional Brittany crepe. Our French market offers: Made-from-scratch French quiches, warm buckwheat crepes (with ham, cheese and egg), sweet crepes filled with jam or Nutella, French Grey Sea Salt and Fleur de Sel packaged in French fabric bags, authentic French condiments, Chez Boet's famous Pate Maison, Pays Basque specialties, among other hard to find authentic French fare.
COLLIER COUNTY UNIVERSITY EXTENSION – This booth is manned by UF Extension Faculty and Certified Master Gardeners, who are available to answer questions, provide plant diagnostics, identification and program schedules.
CORDOBESITA ARGENTINEAN CATERING, LLC. – From the flavored pasta frola and the traditional alfajor de maicena to the beef, ham&cheese or spinach &cheese empanadas, our food has attracted many customers at the Farmers Market. The main ingredient in all our cook is "Love" combined with other good ingredients like organic ground beef, organic spinach, organic chimichurri and Ham with no nitrates.
ELDRIDGE ROLLE PRODUCE – Fresh, local produce.
EPIPHANY BAKERY – Paleo and gluten free breads and cookies.
FARMER MIKE'S PRODUCE – Fresh, local produce from Bonita Springs. Farmer Mike also has a U-Pick Farm.
FIRE AND RICE PAELLA – Authentic, freshly made paella made using traditional pans.
FOOD & THOUGHT ORGANIC MARKET – Fresh, local organic produce.
GATORBAIT – We specialize in salsas, spicy pepper jellies, chow chow, pepper , zucchini, corn relishes, chili sauce, organic blueberries, strawberries, black cherries, candied pineapples, lychees and mango ginger jam. We also make flavored cream cheeses, muffuletta, chicken salad and cater special dinner needs.
GET WILD SEAFOOD – Get Wild Seafood provides hook & line wild Alaskan king salmon and coho salmon, halibut and black cod. Julie will share recipe's as well as educate on benefits to eating wild vs farmed, frozen vs fresh. Her passion for this precious resource is easily felt so stop by and get some wild fish!
G-MAMA'S FLORIDA JELLY – G-Mama makes her mouth-watering jelly in her own kitchen. Her homemade products feature natural Florida fruits, some from her own backyard. Try G-Mama's Mango Pomegranate, Strawberry Tangerine, Ruby Red Grapefruit, Watermelon, Muscadine, Coconut Lime, Key Lime and other fabulous flavors. No additives, preservatives or unnatural ingredients. Just homemade goodness.
GODDESS I AM BOTANICALS – Selling a selection of fair-trade African baskets and hand-made jewelry.
HARVEST GOURMETSOUPS – Terry Banks offers a variety of gourmet hot & cold soups. The menu varies depending on the harvest of the local vegetables. All her soups are low salt and gluten free. New to the diversified menu are Grass Fed Beef Bone Broth and Slow cooked Chicken Broth.
IDEAS IN BLOOM – Flowers, plants and bouquets.
INYONI FARM – Inyoni Farm is a 5-acre organic farm (USDA Certified), located in Naples. Nick Batty grows a variety of vegetables, including tons of greens which are picked fresh the day before the market.
JAN'S PRODUCE – An assortment of fruits and vegetables.
JIMMY'S JAVA – Cold pressed espresso.
JUICELATION – Organic, cold-pressed juice company, working with local organic farmers.
LISA'S GLUTEN FREE BAKERY – Providing delicious, high-quality baked goods to the gluten-free community. We pride ourselves on using the very best ingredients, local and organic whenever possible. We use only organic or grass fed butter, milk, cream, and eggs. Muffins, scones, breads, popovers, and so much more are available for your enjoyment
MR CRAB CAKES – Mister Crab Cakes offers an old traditional recipe of a Maryland crab cake. Our crab meat is flown in each week from Baltimore,were we hand make each crab cake for our customers using a Jumbo Lump Crab meat.
MOOTZ FUDGE – Homemade fudge of all flavors.
NAPLES BUTTERFLY – Butterfly plants.
NAPLES CITRUS – Locally grown oranges and grapefruits.
NAPLES POPCORN COMPANY & TROPICAL TAFFY – Watch the KETTLE CORN get popped fresh at the Market! It is bagged hot, locking in all of the delicious flavor. Delightful! Fresh popped kettle corn and saltwater taffy in flavors such as key lime, banana, mango, tangerine, pina colada, and mojito.
NAPLES SMOKED BBQ – Assortment of smoked meats, beef, lamb, chicken, pork, with potato salad and baked beans.
OLD WORLD MARKET – Large variety of olives sold from their quaint wooden cart. Olive spreads, olive oil and feta cheese are on the menu, too.
OPA GREEK – Mediterranian and Middle Eastern Foods.
PIERRE & HARRY LLC – Unique and stylish pearl and gemstone jewelry from a local mother-daughter duo.
PINEWOOD MORELS & SEASONAL FRUIT – Sundried Morel mushrooms, blueberry preserves, and local blueberries when in season.
PRANA FOODS – Hot Indian entrees and naan bread.
SEAFOOD COCKTAILS – Fresh ceviche and other seafood preparations.
STRAIGHT FROM NEW YORK BAGELS – Straight from New York Bagels is without question the best bagel outside NY. Bagels, cream cheese, hot breakfast sandwiches, nova lox, whitefish salad, black & white cookies, linzatarts, ruglach, muffins and rainbow cookies.
SEATHINGZ – Starfish and Sea Urchin Nature Candles will surely light up the market with unique, natural, local and handmade shell oil lamps and LED lamps.
TOKYO SUSHI & FRESH VEGETABLES – Locally grown Chinese and Japanese vegetables, sushi and steamed dumplings.
TOP DOG KITCHEN – Single-ingredient dog treats made with USDA meats, gluten-free and grain-free.
WAYMORE FARM – Pasture-raised chicken, eggs, turkey, pork and grassfed beef with a focus on sustainable farming.
Click here for some photos and more information on the Market Vendors.
Interested in buying or selling real estate in the Naples and Bonita Springs, Florida area? Visit StepsToTheBeach.com.


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Hi all,
I am about to release my mod but I can not adjust the following things I want changed in the mod tool. I get a lot of java.lang.nullpointerexception error's when using the mod tool stopping me from being able to edit some of the things I want to change for my mod.
As the picture shows below the things circled red are what I am wanting to change but the mod tool is not allowing me to do so. I know the text like the facebook.com/nbl2kmod and the 2kmod writing is found in the english.iff file but I can edit it with my mod tool. I know the bottom right logo is in the global file but I am also unable to edit this either.
Would anybody be willing or kind enough to fix these for me, someone who's mod tool works well for them. If anyone knows why I get so many java.lang.nullpointerexception error's and knows how to fix it that would be great also. In return for some help I can make things like courts, jersey's, icon files and several other things.
I hope someone can help me out,


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Wine Shop
Cabernet Sauvignon
Loire Valley Reds
Pinot Noir
Pinot Gris / Grigio / Blanc
Sauvignon Blanc
Dry Rose
Gamay / Beaujolais
Other Red
Eclectic White
Syrah / Shiraz
Red Burgundy
White Burgundy
Rhone varietals / Rhone
Oregon & Washington
Amarone / Valpolicella
Italian Red - Other
Olive OIl
Italian Whites
Sangiovese / Tuscany
Chile & Argentina
Champagne & Sparkling Wine
Dessert Wine & Port
Half Bottle
3 Liter
2011 Stony Hill Cabernet Sauvignon Napa
These vines were planted in 2004 and 2009 was the first vintage, this wine has a more restrained style with red currant and plum fruit, dried tobacco spice and a bit of that wintergreen and peppery note from this cooler vintage and a more restrained style. They make around 400 cases of this label going up to around 600, a tiny bit of Merlot in the blend. A very elegant style wine on the tongue with fine tannins, bright currant and cherry fruit on the finish along with that peppery tobacco spice, a touch of mint on the finish. Finish 45+ Excellent +
List Price: $82.50
Not in Store: Available in 5 - 7 daysadd to cart continue shopping
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1995 Vintage Burgundy tasting at Wine Watch
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Wine Bar is CLOSED for a Private Event
Sat, Sep 29, 2018
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Masi Amarone Tasting with special guest Tony Apostolakos, U.S. Director of Masi Agricola at WWWB
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Champagne Henri Giraud Tasting in the Wine Cave
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Champagne Henri Giraud tasting at Wine Watch Friday, October 5, 2018 7:30 PM CHAMPAGNE HENRI GIRAUD "ESPRI...
Super California Cabernet Tasting
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Super Vintage California Cabernet Tasting Saturday, October 6th 7:30pm 1978 Diamond Creek Gravelly Meadow 1979...
Merryvale Vineyards Owner Rene Schlatter in town for a Tasting at WWWB
Tue, Oct 9, 2018
Stay tuned for more info on this event.


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Re: New Star Trek
They have a new FX studio now, too, from what I've gathered-Pixomondo, of GoT fame.
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They have a new FX studio now, too, from what I've gathered-Pixomondo, of GoT fame.
And youtube's recommended video after that is... https://www.youtube.com/watch?v=d8aUuFsXRjU
The less said about that the better.
I'm still worried about those alleged Klingons. Maybe it's better to assume it's a prequel to the Abramsverse or another alternate timeline (I wouldn't have a problem with that) than try to fit new ideas and redesigns into the original timeline canon.
Oh, well... We'll just have to wait and see.
And youtube's recommended video after that is... https://www.youtube.com/watch?v=d8aUuFsXRjU
Wait.. STD...Not sure I want an STD
I'm excited for both Orville and Discovery, so looks like my fall is all stacked up.
STD's premiere date has been announced.
Lot's of nice stuff at Comic-Con being revealed, including props, and some info on aliens. Avoid if you don't want spoilers, but the phasers are looking pretty cool, and the Klingons are getting a full set of armor.
'The Orville' episode 1: I almost liked it. I mean, it kept my attention to the end so...?! It turned out to be just a watered down version of both trek and family guy - never nailing the tone of either leaving me confused to what it was trying to be. In honesty, I would have liked it more if Seth McFarlane wasn't leading in it. He isn't a leading man. Don't get me wrong he has a fantastic character voice but a voice does not an actor make.
I personally found the first episode of Orville be pretty good. Not as funny as I thought, but it had a lot of heart, and very solid world building. I don't have enough experience with McFarlane's work I guess to have huge expectations, but I found his character to be interesting, quirky and funny. I guess I related or something.
The rest of the cast was solid, and none of them felt like "Oh, that's just this character from Star Trek" to me. It all felt very genuine.
'The Orville' episode 1
I was expecting a disaster; it turned out to be watchable. The real thing premieres in two days
Well, that was certainly exponentially better than the last episode of Star Trek!
So the Klingons look different and everyone has holograms but so what!?
The leads have a really fresh and interesting dynamic from the very start. It manages to feel very Trek yet completely fresh.
From what we've seen so far, this may be Abramsverse: The Series with focus on battles in space. The "exploring new worlds" aspect is absent so far (hopefully this will change a bit in the upcoming episodes).
I didn't hate it. I still prefer to think of it as another alternate timeline; trying to fit all the new stuff (like the various redesigns and anachronistic technology) into the Prime Universe is just too cumbersome.
Being a part time Trekker - I dug ST:D. Looking forward to see where they 'boldly go' with this.
And, as much as I miss the Klingons looking like seasoned metal-heads, I'm down with the new look.
'Navy in space'... I certainly felt seasick with all the dutch angles and messing with the 180 rule - the camera work was all, at least, interesting and at most, a bit distracting.
I'm starting to really like The Orville; the show is having a lot of fun with Star Trek tropes while delivering some interesting social satire.
It's still a little too early to pass definite judgment on Discovery. The "darker and edgier" tone and other similarities to Stargate Universe can be the show's downfall. Discovery can work if the writers have a plan for the whole season (or even the whole series). If they're making it up as they go along, I don't see much chance of success.
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- Inside Athletics
- Tickets
- Fan Zone
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JACKSONVILLE, Fla. (Oct. 17, 2013) – Following its brief two-match homestand, the ETSU volleyball team hits the road this weekend as the Bucs sail into the Sunshine State to take on Jacksonville and North Florida in Atlantic Sun Conference play.
The Bucs, who have won their last nine matches, take on Jacksonville Friday night at 7 p.m. inside Swisher Gym, while ETSU and UNF tangle in a rematch of last season's A-Sun Championship Saturday at 3 p.m., in UNF Arena.
ETSU (13-6, 7-0) remains in first-place in the conference standings as the Bucs hold a one-game lead over Jacksonville.
The Bucs took care of business over reigning A-Sun regular season champion Florida Gulf Coast last Saturday inside Brooks Gym. ETSU captured its second straight three-set win as the Bucs defeated the Eagles, 25-16, 25-20, 25-16, marking their first-ever sweep over FGCU.
Junior middle blocker Meredith Hardy (Kingsport, Tenn.) capped off a strong homestand by finishing with 13 kills, six blocks and a blistering .579 attack percentage on Saturday. For the weekend, Hardy hit .543 (23-4-35) and totaled 11 blocks, and was named A-Sun Player of the Week on Monday.
Senior Megan Devine (Kingsport, Tenn.) tallied her 10th double-double of the year as she registered a match-high 15 kills and 12 digs, while junior Jamie Rutledge (Kingsport, Tenn.) quarterbacked the Blue and Gold offense by dishing out 40 of ETSU's 41 assists. Rutledge also added four digs, three blocks, and two kills.
As a team, the Bucs won every statistical category on the stat sheet. ETSU was plus-19 in kills (46-27), plus-15 in assists (41-26), plus-6 in service aces (8-2), plus-6 in digs (47-41), and plus-3 in blocks (9-6). Junior Bethany Gesell (High Point, N.C.) led the charge with a season-high four service aces, while the Bucs tied a season best with eight total aces as a team.
The Dolphins have won six straight and enter the weekend with a record of 16-2, 6-1.
Jacksonville has won its last 10 matches inside Swisher Gym and are a perfect 7-0 at home this season.
As a team, Jacksonville ranks 10th nationally in service aces per set (1.78), 21st in kills per set (14.13), and 28th in assists per set (13.12). The Dolphins also lead the A-Sun in opponent hitting percentage (.173).
The Dolphins have four players ranked in the top-8 in the A-Sun in service aces per set – Kendall Courtney (1st, 0.39), Sammie Strausbaugh (4th, 0.33), Taylor Nyquist (7th, 0.30), and Alyssa Robertson (8th, 0.28). In addition, the Dolphins have four players ranked in the top-9 in the conference in hitting percentage – Kylie Jacob (6th, .301), Robertson (7th, .299), Gabriela Roman (8th, .298) and Strausbaugh (9th, .288).
Friday marks the 15th meeting between the schools as Jacksonville holds a slight, 8-6, series lead. ETSU and Jacksonville split the series last year, with both teams winning on its home floor.
Last year, Hardy averaged 2.75 kills (22 total) and 2.00 blocks (16 total) per set, along with hitting .528 (22-3-36) in the two matches against the Dolphins. Hardy posted a double-double (13 kills/11 blocks) in the five-set loss at Jacksonville, but hit .692 (9-0-13) with five blocks in the sweep inside Brooks Gym.
Devine also collected a double-double in the setback inside Swisher Gym as she tallied 18 kills and 13 digs. For her career, Devine is averaging 3.65 kills (62 total) and 2.82 digs (48 total) in four matches against the Dolphins.
In last year's series, ETSU out-blocked Jacksonville, by eight (25-17), while also having six more service aces than the Dolphins, 13 to 7.
UNF snapped a two-match skid after sweeping Bethune-Cookman Tuesday night, improving its record to 6-12. The Ospreys enter the weekend with a 2-5 conference mark as their wins were sweeps over Mercer and Northern Kentucky.
This marks the second consecutive season UNF begins the A-Sun schedule 2-5. Last year after going 2-5 the Ospreys began to soar, posting a 10-2 mark through the remainder of the regular season and knocking off Jacksonville and No. 1 seed FGCU before falling in five sets to ETSU in the A-Sun Championship final.
The Ospreys are ranked in the top three of a trio of A-Sun statistical categories including second in service aces (1.48), and third in blocks (2.18) and opponent hitting percentage (.186).
Individually, Cameron McGuire ranks second in the A-Sun behind Meredith Hardy in blocks per set (1.09) and Britt Claessens is second in service aces per set (0.36).
ETSU leads the all-time series over UNF, 10-4.
Despite losing the battle on the stat sheet, the Bucs defeated UNF in two of the three meetings in 2012, including a five-set win in the A-Sun Championship. In the 14 total sets played, ETSU was minus-29 in kills (156-185), minus-22 in assists (148-170), and minus-22 in digs (170-192), while also being out-hit .171 to 158. The Bucs were plus-one in service aces (12-11) and plus-12.5 in blocks (44.5-32.0), while also committing 19 fewer attack errors than the Ospreys, 81 to 100.
Devine posted double-doubles in all three matches last year, while Hardy accomplished the feat in two of the three meetings. Devine averaged 3.00 kills and 3.29 digs per set, and Hardy averaged 2.71 kills and 2.00 blocks per set versus UNF in 2012.
Both matches will be broadcast live on ASun.TV for free.
Click here for live stats of the Jacksonville match.
Click here for live stats of the UNF match.
Twitter updates can be accessed by following @ETSUAthletics and @ETSUVolleyball.
ETSU fans wanting to receive Buccaneer news, score updates, in-game promotions and much more sent to their mobile device can do so by signing up for "Buc Updates." Click here to sign up today!
- The ETSU volleyball team is off to its best conference start since the Bucs went 9-0 in 2006, while the Bucs' nine-match win streak is their longest since winning 16 straight in 2006. Furthermore, ETSU's nine-match win streak is currently tied for the seventh longest in the country.
- During this win streak, the Blue and Gold are averaging 14.85 kills, 13.91 assists, 14.62 digs, and 3.97 blocks per set, while holding the opposition to 11.65 kills, 11.12 assists, 13.12 digs, and 1.53 blocks per set. Overall, the Bucs are plus-109 (505-396) in kills and plus-52.5 in blocks (104.5 to 52.0) during this run.
- Individually, Megan Devine is averaging 4.82 kills, 3.24 digs, and hitting .327 during this nine-match run. In addition, Meredith Hardy is recording 1.74 blocks per set, Katie Muey (Alexandria, Ind.) is posting 4.15 digs per set, Jamie Rutledge is averaging 12.24 assists per set, and Bethany Gesell (High Point, N.C.) is hitting .305 (87-27-197) in ETSU's last nine outings.
- Nationally, Meredith Hardy ranks fourth in blocks per set (1.56), Megan Devine ranks 11th in kills (4.59) and points per set (5.18), and Jamie Rutledge ranks 33rd in assists per set (10.93). As a team, ETSU ranks 23rd in blocks (2.73) and 40th in assists per set (12.83), while its .255 attack percentage ranks 37th.
- In 119 career matches, Megan Devine has totaled 1,722 kills and 1,308 digs. The reigning A-Sun Player of the Year is the all-time ETSU leader in kills, while she is 80 digs shy of passing Kaena Apana (2006-07) for fifth. Devine's 1,722 kills rank second among active NCAA Division I leaders (Michigan State's Lauren Wicinski ranks first). Devine also ranks second all-time in kills among A-Sun players and is 25 kills away from passing Lipscomb's Alex Kelly for the most in conference history.
- Megan Devine has 10th double-doubles this season, moving her career total to 62. For her career, Devine has played in all but two of the 121 total matches possible for ETSU.
- Meredith Hardy has played in 84 total matches since 2011 and has tallied 401 total blocks (346 block assists). Hardy broke the all-time ETSU block assists record two weeks ago at Lipscomb, passing Jennifer Pennington (1993-96). The Buccaneer middle blocker ranks second all-time in blocks and is 137 blocks shy of break Pennington's mark. In addition, Hardy is also 22 blocks shy of breaking the all-time A-Sun record (currently held by Campbell's Rachel Templin, 422).
- Meredith Hardy has recorded at least one block in 81 consecutive matches.
- Junior libero Katie Muey is closing in on her 1,000th career dig as the Alexandria, Ind. native has 976 digs in 86 matches played.
- As a team, ETSU leads the A-Sun in blocks per set (2.73), ranks second in hitting percentage (.255), and ranks third in kills (13.65) and assists (12.83) per set.
- In their first seven conference matches, the Bucs have out-blocked the opposition, 88.5 to 40.0.
- Megan Devine's 22-kill effort at USC Upstate (Sept. 26) are the most by an A-Sun player in a three-set match this season, while her career-high 27-kill performance in the win at Tennessee (Sept. 14) are the most in a four-set match. Meanwhile, Jamie Rutledge's 62 assists at Tennessee are the most by an A-Sun player in a four-set match this season and Meredith Hardy's 11 blocks at Kennesaw State (Sept. 21) are tied for the most by any conference player. Hardy also has the most blocks by an A-Sun player in a four-set (11, vs. Kennesaw State) and three-set (10, vs. VCU, Sept. 7) match this year.
- As a team, the Bucs' .407 attack percentage (74-19-135), 74 kills, and 69 assists are the highest marks in the A-Sun for a four-set match this season. ETSU hit .407 and posted 74 kills vs. Austin Peay on Sept. 13, and had 69 assists in the win at Tennessee. In addition, the Blue and Gold have the most blocks in a match (15.5, at Kennesaw State, Sept. 21) and in a three-set match (13, vs. Stetson, Oct. 11) this season.
- Back on Sept. 20, head coach Lindsey Devine became the all-time winningest coach at ETSU by recording her 172nd win at Mercer. Devine now has 178 career victories with the Bucs.
- Six of the 14 players on ETSU's roster are from the state of Tennessee, including five from the Tri-Cities area – three Kingsport and two Johnson City.
- The Blue and Gold have won 25 of their last 32 matches inside Brooks Gym, including 13 of 14 dating back to last season. Following these two road matches, ETSU will play seven of its last nine matches at home.
For more information on Buccaneer volleyball, visit ETSUBucs.com and click on the volleyball page.


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Owning Solar panels is one of the best ways to save cash on your energy bills and to help save our planet. I am sure that you have noticed the sharp increase in energy prices. That's why; we must consider alternative sources of energy to reduce our cost and slow down the destruction of our environment. Most homeowners will tell you that the cost of installing solar panels has reduced their interest. This was true in my case before, I decided to take on my cost saving solar panel installation project. Is there an inexpensive ways to get this done? Well here's an idea, install your own. I truly believe that DIY is the most cost-effective way for solar panel installation. You will get solar energy to lower your energy cost and if you take your time with your project, you will find it's not as challenging as you thought it would be. Here are some suggestions.
First and foremost you can find help online from resources that give you the big picture on installing a complete solar system. Instructions for wiring the panels are usually included in your inverter or solar panel package. Don't make this difficult and most of all use reasonable safety precautions.
You can install a complete stand-alone solar panel, however, to be safe, if you unsure get a friend with electrical experience or another professional to help you install your panel.
When tying your solar system to a grid get a professional to do the job the right way. No room for error here! A mistake here could cause you to lose the power that is currently being provided to your home. You can do most of the installation yourself, but exercise some caution and use a qualified professional to connect the system grid point that enters your house.
Once your home grid system is tied to your home you have an opportunity to sell excess electricity back your power company. Now that's a change, we all can embrace.
A completely solar-powered home throughout the year is not a reasonable expectation and at some point you will have to get help directly from your grid supply.
It is important to remember that we are about saving money and our planet when we use solar energy as a power source. So why don't you get started with your DIY solar power project today. All the best!


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- This Blingee ranked number 36 in the Best Baby Blingee competition. View the final rankings or Enter current competitions now!
lunafairytale says:2392 days ago
GREAT ...But its not an real baby its an baby doll that i make self (see mine homepage ;0) *5**❤☆❤☆❤☆❤☆❤☆❤**5*
winona100 says:2396 days ago
Guten Morgen…♫ ____ !!!///__.♫ S.U.P.E.R ___(◕).(◕)__.♫ F.A.N.T.A.S.T.I.C _ooO-(_) -Ooo 5 ★|-|★|-|★|-|★|-|★| █) █) Kaffee zum wach werden.! Bussy Sylvia
Nanoue53 says:2396 days ago
maddi i just seen its in feature and that is one way they get downrated ... no reason to be this is excellent
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Final Wisconsin State Fair main stage acts announced
Final Wisconsin State Fair main stage acts announced
WEST ALLIS, Wis. —
Organizers of the Wisconsin State Fair announced Monday the final six acts that will take the Main Stage during the fair's 2013 run.
The following headliners will complete the lineup and perform during the 2013 Fair:
- "Weird Al" Yankovic – The Alpocalypse Tour | Friday, Aug. 2 at 8 p.m.
- Gary Allan with Randy Houser | Saturday, Aug. 3 at 8 p.m.
- Sail Rock 2013 starring Christopher Cross | Monday, Aug. 5 at 7:30 p.m.
- Theory of a Deadman with Black Stone Cherry | Tuesday, Aug. 6 at 7:30 p.m.
- An Evening with YES | Thursday, Aug. 8 at 7:30 p.m.
- Vince Neil of Motley Crue with Stryper | Saturday, Aug. 10 at 8 p.m.
Tickets for the shows range from $25 to $35 and include admission to the Fair.
Ticket sales begin Friday, April 12 at 10a.m. They are available online at WiStateFair.com, as well as the ticket office located at 7722 W. Greenfield Ave.


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American Physical Society Sites|APS|Journals|PhysicsCentral|Physics
- American Physical Society Sites
- Publications
- Meetings & Events
- Programs
- Membership
- Policy & Advocacy
- Careers In Physics
- Newsroom
- About APS
- Become a Member
I am currently enrolled at the University of Washington in Seattle as a physics major. I commute to school from an eastern suburb called Sammamish. When I dont have physics or math on my brain, I try to take advantage of my state's beauty with outdoor activities like skiing, golfing, and river rafting. I used to play soccer at my high school as a goalie, but after three broken bones I said "three strikes I'm out." In addition, I enjoy relaxing with my family and friends. Finally, I must add that I love good comedy movies and that the Marx Brothers and Peter Sellers are forgotten comedic geniuses.
In grade school, I always looked forward to math class; in fact, I liked math before I knew I liked math. Physics was a natural outgrowth of my interest in math; the two subjects are so closely related in my mind, that to me physics is just an applied math. Beyond its large use of math, I find physics exciting because of its attempt to explain the world we live in. It seems I'm always wondering how things work, even when others find such thoughts unimportant or irrelevant. A lot of people ask the question "why?" I tend to ask "how?" and then figure out why.
As I rocket along this road to lofty accomplishments, I realize that without the selflessness of several individuals I would never be where I am now. First, I thank God, who has given me more than anyone else can. Next, I thank my father and mother for their love, insight and endurance. Also, I thank Dr. David Buchthal and Dr. Chris Byrne for the solid educational foundation they have laid for my future. And finally, I thank the American Physical Society and the Committee on Minorities in Physics for their recent helping hand.


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Today is the anniversary of the birth of Frank Sinatra. William Ruhlman provides an excellent overview of Sinatra's long career. Twin Cities disc jockey Pete Lee calls Sinatra "Saint Francis of Hoboken," an appellation that can serve to mark his place within a musical frame of reference. Below I offer only a few notes drawn from previous posts.
"Angel Eyes" is one of the highlights of Sinatra's superb 1958 "Only the Lonely" album. Sinatra's "unusual performance" — beginning with the release instead of the first verse — "served to remind us that [composer Matt] Dennis was an unusual songwriter," according to Alec Wilder in the last chapter of his influential American Popular Song: The Great Innovators, 1900-1950. Dennis had first taught his songs to Sinatra when they both worked in Tommy Dorsey's orchestra.
It was Sinatra's nearly three-year tenure with the Dorsey band that prepared him to launch his solo career in the fall of 1942. In his first post-Capitol recording on his own label, Sinatra paid tribute to Dorsey twenty years later in his "I Remember Tommy," with arrangements by former Dorsey arranger Sy Oliver. The liner notes to the "I Remember Tommy" compact disc quote a 1965 Life magazine interview of Sinatra:
"How in the hell did he do it? I used to sit behind him on the bandstand and watch, trying to see him sneak a breath. But I never saw the bellows move on his back. His jacket didn't even move. Finally, after a while, I discovered that he had a 'sneak' pinhole in the corner of his mouth — not an actual pinhole, but a tiny place where he was breathing. In the middle of a phrase, while the tone was still being carried through the trombone, he'd go shhh and take a quick breath and play another four bars with that breath. Why couldn't a singer do that too?"
Sinatra obviously learned something about breathing from Dorsey, and you can hear it yourself in "I'm Getting Sentimental Over You," the first and last tracks on the recording.
In a Wall Street Journal profile of songrwriter Jimmy Webb a few years ago, Webb simply described Sinatra's interpretive mastery: "He took possession of the material." As for Sinatra the man, Webb said that "to me, he was an absoute gentleman. His behavior was beyond reproach." Webb also spoke of the experience of hearing Sinatra interpret one of Webb's own songs:
"A couple of Christmases ago I was driving along and a song came on called 'Whatever Happened to Christmas?' which I had almost forgotten. I sat and listened and tears came to my eyes — he and arranger Don Costa had done such a wonderful job with my song. It was an epiphany. Saying, in effect, 'I thought highly of you.'"
In Sinatra's Capitol albums of the '50s, there is a mature perfection in the singing, the arrangements and the songs themselves that sets them off in the Sinatra catalogue. Among the many, many highlights of these recordings are "Old Devil Moon" (incredible!) and "At Long Last Love" from 1956's upbeat "Songs for Swingin' Lovers!" album and "From This Moment On" (the favorite recording of Sinatra aficionado Buddy Ladd) from 1957's "A Swingin' Affair!"
The video below provides Sinatra singing "I'll Never Smile Again" with the Hi-Lo's. The song was Sinatra's biggest hit with Dorsey, reaching number one in 1940. On the recording Sinatra was backed by a slimmed down version of the Dorsey group called the Sentimentalists and was backed by the Pied Pipers (including Jo Stafford). The vocal arrangement with the Hi-Lo's closely follows the original, but Sinatra's singing digs deeper.
"There was practically no band," Stafford recalls in Will Friedwald's Sinatra! The Song Is You. "It was very sparse. It was a very tough idea. It was hard to hold the pitch because there was so little background from the band. You really had to mind your p's and q's keeping it in tune."
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Superfest offers members of the community a chance to connect with professional athletes such as Adrian Gonzalez, Jacques Cesaire, Darrell Stuckey, Nick Hundley, Nick Novak, two-time Heavyweight Boxing Champion Chris Byrd, and a handful of others as they share their secrets of how they play and live like champions.
This free family event is full of clinics, games, prizes, giveaways and includes the chance to watch a PLNU basketball doubleheader.
Sports and activities such as baseball, basketball, soccer, volleyball, mixed martial arts, speed clinic, and more will be presented by the professional athletes and PLNU team members.
The doors will open at 9 a.m., with the program scheduled to start at 9:45 a.m.
There will be a time for autographs and photos with the professional athletes starting at 11:30 a.m.
The event then will have a two-hour session starting at noon on the athletic facilities throughout the Point Loma campus for skill development, instruction and competitions in baseball, golf, track, soccer, tennis and football.
PLNU will offer free admission to its basketball doubleheader against Holy Names starting at 2 p.m.
Those interested in attending Superfest 2013 can register today by visiting http://superfestsd.com/superfest-registration, or they may register on the morning of the event.
Participants are encouraged to bring athletic gear, athletic shoes and/or cleats, and cash for meals or snacks.
For more information, please visit www.superfestsd.com.


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Photo: Courtesy The Minnesota Opera
Minnesota Center Opera Company, World Premiere, October 14, 1971
Argento, Dominick
Postcard from Morocco (1971)
Duration: 90 minutes
Opera in one act
Libretto by John Donahue (E,G)
colS,S,M,lyrT,T,Bar,B,mimes (number optional) 0.0.1(=asax,bcl).0-0.0.1.0-perc(1):SD/BD/tom-t/cyms/tgl/tpl.bl/crot/ cast/chime/wind chimes/maracas-gtr-pft(=cel)-strings(18.104.22.168.1)
Abbreviations (PDF)
This work is available from Boosey & Hawkes for the world.
World Premiere
Cedar Village Theatre, Minneapolis, MN
John Donahue, director
Conductor: Philip Brunelle
Company: Center Opera Company
|A Lady with a Hand Mirror, (also an Operetta Singer)
|A Lady with a Hat Box (also a Foreign Singer)
|A Man with Old Luggage (also 1st Puppet and an Operetta Singer)
|Lyric Tenor
|A Man with a Paint Box
|A Man with a Shoe Sample Kit (also 2nd Puppet)
|A Man with a Cornet Case (also a Puppet Maker)
around 1914- a railway station
A small group of people wait in a railway station. One of them sings about the hand mirror she carries. The passengers ask Mr. Owen, a man with a paint box, what he does; before answering, they are distracted by a puppet show. One of the passengers talks about his luggage. Another man has a cornet case, but will not open the case. Another traveler makes hats for the movies, but is misunderstood by the rest. One passenger reveals that he is a shoe salesman, but also refuses to open his case. Mr. Owen is asked about his painting. One of the ladies has a cake box, in which she says she keeps her lover. Mr. Owen talks about a magical ship he imagined when he was younger. A puppet maker appears, talking about all of the things that go into puppet making. Mr. Owen is asked to paint the passengers' portraits. As they wonder about his paint box, they bully him into place to paint them. His box falls open, revealing that it is empty. The puppet show concludes, and everyone but Mr. Owen leaves. He sings about the ship of his childhood dreams.
Comic, Dramatic
Relationships, Society
Barbara Brandt, Sarita Roche, Janis Hardy, Yale Marshall, Vern Sutton, Barry Busse, Edward Foreman, Minnesota Opera Orchestra, Philip Brunelle
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|2012-11-05, 04:56
|Link #441
Secret Society BLANKET
Graphic Designer
Join Date: Oct 2006
Location: 3 times the passion of normal flamenco
|2012-11-07, 10:00
|Link #443
Bearly Legal
Join Date: Jun 2004
On my 3rd classic game now, after losing my save file when i formatted my pc.
For folks who don't want to lose any country or atleast get their panic level to manageable level quickly, you need to focus all your resources during the first 2 month on building satelight uplink to cover 4 continents ( N. America, S. America, Africa and Asia). That means selling all the UFO comp and reactor you find from crash/landing site atleast for the first 2 month and starting satelight construction at the start of the month (6 days before uplink) so they ll be ready for launch before the monthly appraisal.
A 2 x 2 block of uplink will give you 12 satelight, in order to get them quickly, you ll also need to build 2 to 3 workshop depending on the number of bonus engineers you get from bonus missions.
Abduction mission should be done mostly based on continental need to avoid 5 panic level by the end of the month especially on continents you know you wont have satelight coverage in time. Terror missions are a god send as well because they can lower the continent's panic level depending on how well you did.
Once you got 4 continents covered with satelight, you can just farm all you want till you feel like progressing the story further because abduction missions will only occur on continent that doesnt have full satelight coverage..
My current game, i had 12 satelight up at the end of May which provides tons of money and probably unlimited time to research and train my soldiers.
|2012-11-07, 23:01
|Link #444
Osana-Najimi Shipper
Join Date: Dec 2005
Location: Mt. Ordeals
Actually, from what I've gathered, it's actually possible to keep all 16 countries in Impossible. You just have to be REALLY lucky, as you need all 3 missions in the first 10 days and sell everything in order for you to build sat uplink + 4 sats IN THE FIRST MONTH.
|2012-11-08, 04:28
|Link #445
Secret Society BLANKET
Graphic Designer
Join Date: Oct 2006
Location: 3 times the passion of normal flamenco
It's possible, but damn if you're not trying to tear your hair out doing so. My own Impossible run had me lose 6 countries before I managed to contain global panic levels through sat spam, and I barely got two sats in time to do just that.
|2012-11-08, 06:28
|Link #446
Moderate Haruhiist
It also requires a bit of luck as well, particularly with rewards. Also in my experience one doesn't always get a UFO shootdown during the first month -- my Classic Ironman run pretty much had a terror mission and two abductions for example.
|2012-11-10, 16:15
|Link #447
Secret Society BLANKET
Graphic Designer
Join Date: Oct 2006
Location: 3 times the passion of normal flamenco
Epic Meal Time + XCOM = GREATNESS
|2012-11-10, 19:17
|Link #448
Moderate Haruhiist
Did I mention how messed up I think Impossible encounter spawns are? Well I've encountered two terror missions in two months where the only encounters are sectopods, sectopods, and even MORE sectopods (four sectopods and a cyberdisc for August, and two sectopods, a cyberdisc, and some chryssalids for flavor in September).
What's even more ridiculous is that this seems to extend to UFO shootdowns for large-types as well. I had an Abductor that, for some reason, a Sectopod in the roof, and two lurking beside the control room. Sheesh.
|2012-11-11, 00:13
|Link #449
Osana-Najimi Shipper
Join Date: Dec 2005
Location: Mt. Ordeals
What's worse is I don't know what triggers spawns. I thought it's only when you see them that they come, or you move into certain positions (like those 3hp thin men in escort missions) that they trigger, but I was wrong...
One UFO mission I triggered 3 muton elites with 1 assault recon, killed 1 with overwatch sniper fire, then retreated my recon so it only sees 1 muton elite while everyone overwatch. Next turn? 6 heavy floaters and 1 sectopod + 2 drones appeared out of nowhere. Thankfully the AI hasn't decided to drop 3 secotpods on me in a single turn. :shrug:
But yeah, the prevalence of sectopods is the reason why I like running at least 2x heavy all the time with maximum amount of rockets. That way I can blow them up before they can get to cover and wreak havoc on my squad, because frankly, at that point, I don't care about the drops anymore.
|2012-11-12, 06:16
|Link #450
Join Date: Feb 2008
Council mission spawns are static, they're tied to specific triggers and never change. For the regular UFO landing/crash sites, there are static groups that stay in place 'til you spot them, and then there are groups that will start roaming after you've moved within certain distance.
|2012-11-12, 08:36
|Link #451
Secret Society BLANKET
Graphic Designer
Join Date: Oct 2006
Location: 3 times the passion of normal flamenco
There are also groups that will move into place after an alien calls for them. The animation for aliens calling for reinforcements is quite distinct (like Thin Men hollering) and will usually result in nearby groups converging on your location within 1-2 turns.
|2012-11-12, 09:55
|Link #452
Anime Snark
Join Date: May 2006
Location: Singapore
Age: 35
Aliens crashing the party can work to your advantage though... one time in a Terror Mission, my Assault soldier triggered a Muton Pack, who triggered an Elite Muton pack when they spread out to take cover, who then triggered a pack of Heavy Floaters from a far corner... triggering an off-screen pack of Chrysalis, and to put the icing on the top... the Chrysalis triggered a Sectopod and its drone escorts.
On my first turn. On my first move (I think I was face-palming when the Heavy Floaters appeared).
Never was I so GLAD I had deployed three Heavies. It was basically rocket spam, and is to date, the ONLY Terror Mission I rescued 18/18 Civilians.
Go figure.
|2012-11-12, 23:53
|Link #453
Master of Coin
Join Date: Mar 2008
Sold everything, just kept a few tech samples, the extra cash to squeeze out another Sat is definitely worth it.
|2012-11-13, 00:59
|Link #454
Logician and Romantic
Join Date: Nov 2004
Location: Within my mind
Age: 37
I do miss the X-com system in the old days. When aliens CAN miss and not kill a civilian.
|2012-11-13, 04:02
|Link #455
Join Date: Nov 2007
Age: 29
Can someone make a mod like this?Sorry; dynamic content not loaded. Reload?
|2012-11-13, 18:45
|Link #457
Moderate Haruhiist
|2012-11-13, 20:03
|Link #458
The Dark Knight
Join Date: Dec 2005
Location: From the deepest abyss in the world, where you think?
Age: 32
J/K aside.
I make them out as medics with the 3 med packs, revive (because it does happen even when you have a 93% chance to hit) and sentinel which gives you double overwatch.
Assaults more than make up for the offensive part.
|2012-11-13, 20:25
|Link #459
Logician and Romantic
Join Date: Nov 2004
Location: Within my mind
Age: 37
So a pure offensive Support has Sprinter (cover fire is useless), Smoke and Mirrors, Rifle Suppression, Combat Drugs (best in harder difficulties as dense smoke can trigger grenades, and you need the extra aim bonus), Sentinel.
Deep Pockets means you can give them a Scope AND Carapace. It is almost a waste to use Supports as medics.
|2012-11-13, 21:05
|Link #460
lost in wonder forever...
Join Date: Mar 2003
Location: edge of my dream in the land of twilight...ZzzZzZ
Last edited by Wandering_Youth; 2012-11-13 at 21:21.
|science fiction, turn-based strategy
|Thread Tools


text:
NZXT monolithic H2 mid tower case
Subject: Cases and Cooling | June 9, 2011 - 01:01 PM | Jeremy Hellstrom
Tagged: nzxt, nzxt h2, mid-tower
The NZXT bears a resemblance to the new Antec 280 that Ryan saw at Computex, with a very clean exterior and an almost unmarked front panel. At 20.5" x 8.5" x 18.5" it is a similar size as well, though the hot swappable fans are rather unique. Power and peripheral plugs have been moved to the top of the case to keep the hot swappable SATA dock and 140mm fan company. The Tech Report felt that NZXT hit the nail on the head with this case, for ~$100 you get every penny worth; if you are looking for more exceptional features you need to be shopping for a more expensive case.
"The NZXT H2 mid-tower case combines good looks, spacious internals, and attention to acoustic detail. Does it represent a solid value for computer enthusiasts? We go hands-on to find out."
Here are some more Cases & Cooling reviews from around the web:
- Corsair Obsidian 650D Review @ OCC
- Cubitek M4 Mid-Tower Case Review @Hi Tech Legion
- Thermaltake Chaser MK-1 PC Case Review @ Real World Labs
- Cooler Master CM Storm Enforcer Chassis Review @ eTeknix
- Thermaltake Level 10 GT Case Review @ Pro-Clockers
- Cooler Master Storm Enforcer Mid-Tower Gaming Case Review @ Hi Tech Legion
- BitFenix Colossus Venom @ HardwareBistro
- Moneual Sonamu G100: Back to the Future @ AnandTech
- Corsair Special Edition White Graphite Series 600T Case Review @ HardwareHeaven
- Thermaltake Armor A30 Case Review @ OCC
- What is the Best Way to Apply Thermal Compound? @ Hardware Secrets
- Corsair H60 High Performance Liquid CPU Cooler Review @ Hardware Canucks
- Auras Shagon ARC-118 Heatsink @ Frostytech
- Be Quiet Dark Rock Advanced @ OC3D
- NZXT Havik 140 Review @ Neoseeker
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text: Infrastructure and construction guide to doing business in Australia Construction Guide Share this 15 OCT 2015 By: John Gallagher Alex Guy Alex Jones Stephen Webb DLA Piper has launched the second edition of "Doing Business in Australia: Infrastructure and Construction", a guide to the delivery of infrastructure in Australia. The guide looks at different procurement models including PPPs and alliance contracting, and identifies the major trends influencing the delivery of future infrastructure. It also coincides with the Australian Government's renewed focus on innovative models of infrastructure funding. The widespread view in Australia is that both government and the private sector must work together to enable the substantial investment required over the next 20 years to bridge the 'gap' between current and required infrastructure to allow Australian businesses and communities to function and flourish. New models to fund government infrastructure are but one key aspect. For many business seeking to win projects in Australia there are many other policy, legislative and regulatory requirements to be met. This guide provides an overview of these requirements.


text:
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Download link (right click and 'save-as') for playing in VLC or other compatible player.
The last few years have seen new opportunities for
constraining the physics of neutron star interiors. I will first discuss the
current state of neutron star radius measurements and then go on to discuss
thermal tomography as a probe of the nuclear, magnetic, and transport
properties of neutron star crusts. In each case, I will emphasize the
astrophysics that must be understood to make reliable inferences about the
properties of dense matter from observations of neutron stars.


text:
Sarah Vowell signs on Friday March 25, 2011 at 7:00 PM.
Harvard Book Store is thrilled to welcome popular historian and public radio personality SARAH VOWELL as she discusses her newest book, Unfamiliar Fishes.
Many think of 1776 as the defining year of American history, when we became a nation devoted to the pursuit of happiness through self-government. In Unfamiliar Fishes, Sarah Vowell argues that 1898 might be a year just as defining, when, in an orgy of imperialism, the United States annexed Hawaii, Puerto Rico, and Guam, and invaded first Cuba, then the Philippines, becoming an international superpower practically overnight.
Among the developments in these outposts of 1898, Vowell considers the Americanization of Hawaii the most intriguing. From the arrival of New England missionaries in 1820, their goal to Christianize the local heathen, to the coup d'état of the missionaries' sons in 1893, which overthrew the Hawaiian queen, the events leading up to American annexation feature a cast of beguiling, and often appealing or tragic, characters: whalers who fired cannons at the Bible-thumpers denying them their God-given right to whores, an incestuous princess pulled between her new god and her brother-husband, sugar barons, lepers, con men, Theodore Roosevelt, and the last Hawaiian queen, a songwriter whose sentimental ode "Aloha 'Oe" serenaded the first Hawaiian president of the United States during his 2009 inaugural parade.
"Ever-clever NPR contributor Vowell offers a quick, idiosyncratic account of Hawaii from the time Capt. James Cook was dispatched to the then–Sandwich Islands to the end of the 19th century, when the United States annexed the islands…. The author presents the views of the islanders as well as the invaders, as she delves into journals and narratives and takes field trips with local guides. Her characteristic light touch is evident throughout. Lively history and astute sociology make a sprightly chronicle of a gorgeous archipelago and its people." —Kirkus Reviews
Tickets: $5.00 – On Sale Now
1256 Massachusetts Ave., Cambridge, MA 02138


text:
Impact label:
Alton Ellis - Too Late To Turn Back Now / Augustus Pablo - Too Late Version
Bob Marley - Bus Dem Shut (Pyaka) / Lyrical Satirical I (COLORED VINYL)
Big Youth - Natty No Jester / Chicago Steve - Last Of The Jestering
~Excellent tunes, excellent pressing! The Marley on nice red vinyl~
Moodisc label:
Heptones - Love Without Feeling
Big Joe - Lick Them Face / Mudies All Stars - Dub Them Face
Prince Heron - Spanish Town Rock / Jah Lloyd - Jump Two Fence
Trinity - Give Me Love In The Morning / Mudies All Stars Mudie's Serenade
~The first three on the same riddim, the Trinity unrelated. Wicked tunes and again excellent pressings from Moodisc. The Jah Lloyd b-side is on a different riddim. Nice!~
Rockers Forever label:
Johnny Osbourne - If Jah Didn't Love You
Jr. Reid - Poorman Transportation
Michael Palmer - Na Plan No Robbery
Wailing Souls - Who Fa Say A The Best
~Early to mid 80s roots stylee. Ernie B says 1983, label says 1986, to me the Palmer sounds more like 86, the other three could be both. Lovely tunes, good pressing. Personally I like the Osbourne the least of the four. The riddim is a bit too sweet or something. Don't know, but not a bad tune.~
Various labels:
Pablo Moses - One People (remix) / The Rebels - Dub In Unity (Ja Man)
Still Cool - What A Shame / The Militants - Steve Biko (Field Marshall)
Theophilus Beckford - Easy Snappin / Gaylads - Slipping & Sliding (Studio One UK)
Lacksley Castell - What A Great Day / Version (Fatman)
Cultural Roots - Devil Ites / Dub (Penthouse Vintage)
~All 5 very nice and again mostly great pressings, the Cultural Roots' pressing is a bit less. Also the Lacksley, who I conscider one of the most overrated singers in reggae, is a very nice tune with nice dub on the flip. Not much more to say, I just love these tunes! ~
Special mention:
Ini Kamoze - World A Music / Call A Taxi (Taxi)
Damian Marley - Welcome To Jamrock / Hey Girl (Ghetto Youth United)
~Bought these two as well, especially for the Marley, which I really wanted BAD! Such a wicked tune, though a shame that the pressing is not so good. It ofcourse uses a sample and the riddim of World A Music. I bought that 7" too, but that pressing is even worse. Nice to have it on single, though if I knew the pressing was like this I might have left it out of the order. No problems with the quality of the tunes ofcourse: wicked all the way!~
Nice catch if I may say so myself. A rootsy time ahead at casa de BMC!


text: This beautiful motor yacht in style of old tug boats was built in shipyard for an Italian customer. It guests up to 6 passengers and features twin inboard engines. It has ideal steering conditions during manoeuvring and guarantees comfort whilst sailing. This fully air-conditioned vessel has 3 cozy double cabins, a dining salon with a galley, 2 bathrooms with showers, steering quarters with sofas for guests, outdoor table with deck and chairs situated through beams and also an extra helm station on the exterior deck with seats for the owner's guests.


text:
Posted 8 years ago
(11 items)
I have always liked the crackled looking planters of this color, but this is a bowl that is actually marked. says #80..by M.Meyr. It WAS in perfect condition, but I bumped it and chipped the edge. Painted design on the rim is grape clusters. Don't really know what category it belongs.


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Coping with the war, from big picture to small moment
By Wickham Boyle
This is a story about the war in Iraq from giant panoramic philosophy to tiny personal moment. It is told from the perspective of my Southern California autumn.
First some back-story. My son Henry, just 16, moved to Burbank, Cal., for his last two years of high school. This past summer he played tennis in this sleepy, conservative suburb of Los Angeles, and much to his surprise, was invited by his coach to move in and take his game to the big time. The coach pleaded his case saying he believed Henry could be one of the countrys top junior players in two years and perhaps have a full college scholarship. Becoming a professional tennis player is Henrys dream and you cant achieve it living in urban East Coast America with the vicissitudes of weather and the cost of court time. So he moved and I spent the first month on the West Coast with him.
I have been observing my country from a different perspective because his school and the town of Burbank are pretty conservative places. For instance, there is a 10 p.m. curfew in Burbank all kids under 18 must be off the street. I kid you not. There are drug-sniffing dogs that regularly patrol the halls and random searches of kids pockets and backpacks. This is not the story, it is the background. In this environment I have been searching to find some equilibrium, so I am not screaming at everyone about the plight of the world.
I have found places to ride a bike, hike and write. My best bike ride occurred on my birthday and it was along the Santa Monica beach. As I glided past the Pacific Ocean, just past the famous pier, there was a huddle of people and a hushed energy. On the beach a makeshift graveyard had sprung up with crosses, crescents and Jewish stars representing the war dead. The beach was covered with white icons and there was a bulletin board with tiny yearbook-like photos of the dead soldiers; 1,041 of them at that time. There was also a list of estimated Iraqi dead and nearly 8,000 Americans wounded. It was a solemn, sad memorial but I was heartened to see the wide range of people stopping to pay tribute. It saddened me that we were hoodwinked into this war, but there was nowhere to vent these feelings. It was a private place for individuals to pay tribute in whatever way they deemed most fitting. I sat and offered a fervent prayer for wisdom on the part of world leaders. I was at a loss for any other action.
Two days later I was at Back to School Night at John Burroughs High School, a sprawling school, occupying six buildings that just received a multi-million-dollar facelift thanks to funds donated by Jay Leno. You know the Tonight Show hosts introduction, Coming to you live from lovely downtown Burbank. I suppose he felt he had to do something for the students of this hamlet. This is the evening for parents to meet the teachers and get a glimpse of just how fast and furious the class changes are for our darlings. It is also a good public relations event for the school. I went reluctantly as I am finding a big conservative high school with searches and limited civil liberties is neither my idea of education nor in my sons best interests. But I push myself to recall that he moved for the tennis and he play s three times a day.
After geometry class I spoke to one of the rare African-American parents. I meekly inquired what they thought of the school and they intoned the virtues; safety, values and a sense of community. I further inquired if they had other children. The mothers eyes filled with tears as she told me they had an older daughter in the service who had been called up for a second tour in Iraq.
My edgy, lefty sentiments wanted to rail against the unjust war, to disdain Bush and his henchmen. But this was not THE WAR; it was one familys personal struggle. This was not about politics, this was about compassion. And so I drew in my breath and wished out loud that her beloved would be watched over and return home safely. I prayed that God would hold her and everyone over there in the palm of his hand. But I knew that even Gods hands are not so capacious. I knew that although I could find a way to be kind and send safe thoughts to these peoples girl soldier, I couldnt support this war.
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text:
'Strange Love'
When Brigitte "Gitte" Nielsen and Flava "Foofy-Foofi" Flav had a love connection on "The Surreal Life" Season 3, audiences collectively gasped, threw up in their mouths and laughed at the same time. But when VH1 gave them their own spinoff in 2005, it rapidly became one of the weirdest reality shows of all time. Flav donned his viking helmet and traveled to Italy to try and woo back his "friend" (who was engaged and living in Milan). They bathed together, drank wine, flew back to the Bronx and terrified innocent bystanders everywhere they went. It was so batty, it's still hard to tell which parts were scripted, which parts were edited to look insane, and which parts were just the two stars being certifiably crazy.
Copyright © 2018, Orlando Sentinel


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Emily's Shiplap Wall Dining Room
Emily's cozy home is full of her own creative projects, and the shiplap wall in her dining room is one great example. As she tells Apartment Therapy, she loved the texture and interest that the paneling brought to her bedroom, so she "went wild" and also installed it in the dining room! She says "it's warm, easy to install, and an affordable way to dramatically transform a drab space into a primary accent wall."
See the Full Tour: Emily's Rochester Merrypad | Apartment Therapy
Related: Clytie & Claudia's Caterpillar Chairs
(Images: Emily Winters/Apartment Therapy)


text:
You were pretty sure the job was yours.
You successfully interviewed, passed a background check, even met the office's other workers. Everything looked positive – until you got a "we're sorry, but" letter. Someone else got hired, and there was a small part of you that wondered if it happened that way, not because of your skills but because of your skin.
Hiring on the basis of race or gender is supposedly illegal… but it happens. And in the new book "For Discrimination" by Randall Kennedy, we read why the author believes that affirmative action is an idea that needs to stay.
It should come as no surprise that discussions of an early form of affirmative action came at the end of the Civil War. It may also come as no surprise that Andrew Johnson opposed a Constitutional amendment on the basis that it gave "the Negro" advantages that had never been given to other groups.
In 1945, New York was the first state to pass a law banning racial discrimination in the workplace. Some twenty years later, the Civil Rights Act made it illegal, nationwide. Still, several powerful people then – some of them black – opposed any law favoring specific races or genders.
"Despite wide-ranging attacks against affirmative action," says Kennedy, "it has, remarkably, continued to survive." That may be, arguably, because it's sometimes "justified as a means" of reparation, diversity and integration, and "countering ongoing racial prejudice."
There are, of course, pros and cons to those arguments – the "single most powerful" one of the former being that racial affirmative action "seeks to rectify, at least partially, injuries that continue to put certain racial minorities at a competitive disadvantage with white peers." Still, some who've benefited also complain that rectification leads to a "stigma" of having been hired or admitted, not based on qualifications, but because of affirmative action itself.
And what about "reverse discrimination," a scenario that affirmative action opponents purport? Kennedy says that they and the "disappointed white candidate" who feels he's a "victim" should understand that affirmative action addresses "a major social problem: the continuing trauma of racial division in America."
"Racial affirmative action needs to be better targeted," says Kennedy. But not having it would be "a calamity."
Filled with law terms, legal precedents, and words that made my head swim, "For Discrimination" is very, very academic. Author Randall Kennedy is a Professor of Law at Harvard, a graduate of Princeton, and a Rhodes Scholar. It shows, and that makes this book hard to read – not because of what he says, but for how he says it.
And yet, this is an important book. Kennedy, who admits to having benefitted from affirmative action, will force a lot of long-needed conversations with his opinions, conversations for which he includes abundant, solid fodder.
This book is about as far as you can get from a casual read, and should be approached with an open mind, general legal knowledge, and a good dictionary. If you can handle that, then go ahead and make "For Discrimination" yours.


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Even when I'm on social media such as Facebook, cross stitch is never far away from my thoughts....Bellegurl 07-06-2018 08:54 PM
Hello all! Yes, the chatty one (me!) has returned! I see new profiles here-new friends to meet, and...Bellegurl 07-05-2018 04:32 PM
Frederic Leighton, 1830 1896.\
Music Lesson
this is a beautiful painting you need to upload it to the Gallery for it to get voted on
I agree Angela it really is a clear picture


text:
Supreme Court to Decide the Fate of the Obama Administration's Landmark Healthcare Reform Act
By Michelle Browning Coughlin, Holland N. ("Quint") McTyeire, V, and Peter L. Thurman, Jr., Bingham Greenebaum Doll LLP, Louisville, KY
On Monday, November 14, 2011, the United States Supreme Court granted certiorari to hear arguments regarding the constitutionality of the Patient Protection and Affordable Care Act ("PPACA").1
Cases challenging PPACA have been moving through courts across the United States. In general, the cases filed have examined whether a mandate requiring individuals to purchase health insurance exceeds Congress's power under the Commerce Clause of the United States Constitution.2 Although the United States Court of Appeals for the Sixth Circuit was the first federal appellate court to issue a decision addressing the constitutionality of PPACA, the Supreme Court's grant of certiorari actually pertains to three cases from the Eleventh Circuit, namely, the National Federation of Independent Business v. Sebelius, Florida v. Department of Health and Human Services, and Department of Health and Human Services v. Florida.3
The Road to the Supreme Court
The first decision to be issued on the merits in a case challenging PPACA came from the United States District Court for the Eastern District of Michigan in October, 2010, in Thomas More Law Center v. Obama.4 The case was brought by the Thomas More Law Center, a public interest law firm, and four individual plaintiffs. Like most of the cases challenging PPACA, the plaintiffs in Thomas More Law Center alleged that Congress exceeded its authority under the Commerce Clause when it mandated the purchase of health insurance by individuals, most commonly referred to as the "Individual Mandate." The district court held the Individual Mandate to be constitutional, and the plaintiffs appealed the decision to the Sixth Circuit.
On June 29, 2011, the Sixth Circuit became the first federal appeals court to issue an opinion in a case challenging the constitutionality of PPACA.5 In its 2-to-1 decision, the Sixth Circuit issued a 64-page analysis in which it held the Individual Mandate to be constitutional. The Sixth Circuit found that the Individual Mandate is a valid use of the Commerce Clause powers, since the regulation is aimed at economic activity that has a "substantial effect on interstate commerce," noting that purchasing health insurance is "decidedly economic."6 The Sixth Circuit concluded that Congress had a "rational basis for concluding that the minimum coverage requirement is essential to the broader reforms to the national markets in health care delivery and health insurance."7
While the Sixth Circuit was the first circuit to issue an opinion as to the constitutionality of PPACA, the Fourth Circuit was already considering a similar case. In fact, in April, 2011, Virginia Attorney General Kenneth Cuccinelli II requested that the Supreme Court grant expedited review of the constitutionality of PPACA. Virginia's request however, was denied, and instead, the Fourth Circuit was asked to decide two separate cases, Virginia, ex rel. Cuccinelli v. Sebelius8 and Liberty University Inc. v. Geithner.9
In the meantime, the Eleventh Circuit was also hearing arguments in similar cases challenging PPACA. While it was expected that the Fourth Circuit, which had heard oral arguments prior to the Eleventh Circuit, would issue a decision on PPACA first, the Eleventh Circuit was actually the second circuit to issue its opinion, doing so on August 12, 2011. The plaintiffs who brought the Eleventh Circuit case included two private individuals, the National Federation of Independent Business, and 26 individual states.10 The Eleventh Circuit issued a 300-plus page opinion finding by a 2-to-1 majority that the Individual Mandate is unconstitutional, thereby creating a split of authority between the Circuits.11
The Eleventh Circuit heard this appeal from the United States District Court for the Northern District of Florida, which found the Individual Mandate to be an unconstitutional exercise of Congress's powers under the Commerce Clause.12 The district court also found that the Individual Mandate was not severable from the remainder of PPACA, meaning that the entire Act was invalid. The plaintiffs in the district court case also argued that PPACA's expansion of Medicaid was unconstitutional, but the district court granted the government summary judgment on that issue and the Eleventh Circuit affirmed that court's decision.13
The Eleventh Circuit's opinion traces the jurisprudence of the Commerce Clause powers with a review of the most influential Supreme Court cases, beginning with the 1942 Wickard v. Filburn14 decision through the 2005 Gonzalez v. Raich15 decision. Ultimately, the court reasoned that "even assuming that decisions not to buy insurance substantially affect interstate commerce, that fact alone hardly renders them a suitable subject for regulation."16 The opinion further states that the connection between the regulated subject matter and interstate commerce is lacking, and "[t]o connect this conduct to interstate commerce would require a 'but-for causal chain' that the Supreme Court has rejected, as it would allow Congress to regulate anything."17
Almost one month later, on September 8, 2011, the Fourth Circuit issued opinions in two separate cases on the issue of PPACA's constitutionality. The Fourth Circuit's decisions were anticipated to be a tie-breaker of sorts, but ultimately, the Fourth Circuit dismissed both cases on procedural grounds and did not provide a substantive opinion as to the constitutionality of PPACA.
In the case that had previously been denied expedited review by the Supreme Court, the Fourth Circuit issued a unanimous and relatively brief 33-page opinion dismissing the case for lack of subject matter jurisdiction.18 The plaintiff in the case was the Commonwealth of Virginia, and although the district court found the challenged provision to be unconstitutional, the Fourth Circuit determined that the Commonwealth lacked standing to sue because a state typically does not have standing to sue the federal government on behalf of its citizens. The Fourth Circuit vacated the district court's judgment and remanded the case with instructions to dismiss.
In the second of the two cases decided by the Fourth Circuit on September 8, 2011, Liberty University and two individuals challenged both the Individual Mandate and a similar employer mandate, requiring employers to provide certain minimum coverage.19 In this case, the claims were brought under a theory that the Individual Mandate was, in effect, a tax. The district court had upheld the constitutionality of both the Individual Mandate and the employer mandate, but the Fourth Circuit issued a 2-to-1 decision that viewed the suit as a pre-enforcement action seeking to restrain the assessment of a tax. In a procedurally-complex, 140-plus page opinion, the Fourth Circuit reasoned that the Anti-Injunction Act20 stripped the district court of jurisdiction over the matter. Thus, the court vacated the district court's judgment and remanded the case with instructions that it be dismissed for lack of jurisdiction.
While the Fourth Circuit's two decisions did not provide guidance on the constitutionality of the Individual Mandate, the lower court's decisions nonetheless provided further evidence of the disagreement among the Circuits with regard to the Individual Mandate and the interpretation of PPACA as a whole. This split of authority among circuits was further affirmed when, on November 8, 2011, the D.C. Circuit issued an opinion on the merits in Seven-Sky v. Holder21 finding that the court had jurisdiction over the matter and, in agreement with the Sixth Circuit, finding that PPACA is constitutional.
Supreme Court Grants Certiorari to the Eleventh Circuit Cases
Petitions for Writ of Certiorari by the Supreme Court were filed in six cases, namely, Thomas More Law Center, from the Sixth Circuit; three cases from the Eleventh Circuit, National Federation of Independent Business, Department of Health and Human Services ("HHS"), and Florida; and two cases from the Fourth Circuit, Virginia, ex rel. Cuccinelli, and Liberty University Inc. The Supreme Court granted certiorari to hear a total of four questions from the three Eleventh Circuit cases, specifically, the question of severability, the constitutionality of the Individual Mandate, the issue of ripeness under the Anti-Injunction Act, and federalism as it relates to Medicaid funding. Signaling the significance of this decision, the Supreme Court granted an unprecedented five-plus hours for oral arguments in its grant for certiorari.
In its November 14, 2011 Order granting certiorari, the Court first consolidated National Federation of Independent Business and Florida as to the issue of severability, and allotted ninety minutes for oral arguments on this issue.22 The question presented is: in the event the Individual Mandate is found unconstitutional, whether the Individual Mandate can be severed from PPACA or whether the entire Act must be stricken.
Second, the Court granted certiorari to Department of HHS as to the central question in almost every case brought before the courts challenging PPACA: the constitutionality of Congress's requirement that all individuals purchase health insurance, enacted under Congress's powers under the Commerce Clause. The Court allotted two hours for oral arguments as to this issue.23
Third, the Court also granted certiorari, and subsequently allotted an hour of oral arguments, to the issue of ripeness, specifically whether any challenge is barred under the Anti-Injunction Act.24 In further explanation, a "penalty" is imposed under PPACA for failure to comply with the Individual Mandate, and this "penalty" is codified as part of the federal tax code. If the "penalty" is actually a tax, then such tax would not be imposed until after the Individual Mandate takes effect in 2014, and therefore, a suit opposing the tax is barred until such "tax" is actually imposed.
Fourth, the Court granted certiorari with regard to the issue of whether PPACA violates principles of federalism and exceeds its Spending Powers25 by tying the states' receipt of federal Medicaid funds to compliance with conditions of PPACA. The Court allotted a final hour of oral arguments to this issue.26
The Court appointed amicus curiae attorneys to address both the issues of ripeness under the Anti-Injunction Act and severability of the Individual Mandate provision, essentially because none of the parties are arguing that the Individual Mandate is severable or that the Anti-Injunction Act bars the suit. On November 18, 2011, the Court issued an Order naming H. Bartow Farr, III, of Washington, D.C., to brief and argue the case in support of the severability of the Individual Mandate.27 The Court then named attorney Robert A. Long, also of Washington, D.C., to brief and argue the case in support of the position that the Anti-Injunction Act bars the suit brought by respondents to challenge the Individual Mandate.28 The Court's Order appointing these two individuals as amicus curiae was very brief and did not provide explanation as to the reason behind their selection.
On December 8, 2011, the Court issued its Order setting the briefing schedule.29 The briefing schedule sets out the word limits and deadlines for filing the briefs and reply briefs, beginning in January 2012 and extending through mid-March. On December 19, 2011, the Court announced that it will hear the oral arguments over a three-day period in March 2012, specifically March 26, 27 and 28.
Election Day Woes or Procedural Side-Step?
With the oral arguments schedule in place, it is anticipated that a decision could be handed down by the end of June prior to the recess of the Court. A Supreme Court decision on a central piece of President Obama's legislation in the heat of what is likely to be a very contentious Presidential election year makes the decision even more pressing. Speculation has arisen that the Court could potentially prevent inserting itself into the political hotbed by finding that the suit is barred under the Anti-Injunction Act, meaning the Court would not hear the case until at least 2015.
Pub. L. No. 111-148, 124 Stat. 119.
Nos.11-393, 11-398, & 11-400 (U.S. cert granted Nov. 14, 2011).
720 F.Supp. 2d 882 (E.D. Mich. 2010).
Thomas More Law Center v. Obama, 651 F.3d 529 (6th Cir. 2011), petition for cert. filed, 70 U.S.L.W. 3065 (U.S. July 26, 2011) (No. 11-117).
702 F.Supp. 2d 598 (E.D. Va. 2010), rev'd 656 F.3d 253 (4th Cir. 2011), cert denied, 131 S.Ct. 2152 (2011).
753 F.Supp. 2d 611, vacated 2011 WL 3962915 (4th Cir. Sept. 8, 2011), petition for cert filed, 80 U.S.L.W. 3240 (U.S. Oct. 7, 2011) (No. 11-438).
The twenty-six states are Alabama, Alaska, Arizona, Colorado, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Louisiana, Maine, Michigan, Mississippi, Nebraska, Nevada, North Dakota, Ohio, Pennsylvania, South Carolina, South Dakota, Texas, Utah, Washington, Wisconsin, and Wyoming.
Florida ex. Rel. Atty. Gen. v. U.S. Dep't of Health and Human Services, 648 F.3d 1235 (11th Cir. 2011), cert granted sub nom National Federation of Independent Businesses v. Sebelius, 80 U.S.L.W. 3198 (U.S. Nov. 14, 2011) (No. 11-303); Dep't of Health and Human Services v. Florida, 80 U.S.L.W. 3199 (U.S. Nov. 14, 2011) (No. 11-398); and Florida v. Dep't of Health and Human Services, 80 U.S.L.W. 3297 (U.S. Nov. 14, 2011) (No. 11-400).
Florida ex rel. Bondi v. U.S. Dep't of Health and Human Services, 780 F.Supp. 2d. 1256 (N.D. Fla. 2011), order clarified by 780 F.Supp. 2d. 1307. (N.D. Fla. 2011).
Cuccinelli, 656 F.3d 253.
Liberty Univ. Inc., 2011 WL 2396915.
26 U.S.C. 7421 (The Anti-Injunction Act prevents a tax-payer from seeking relief from the imposition of a tax prior to that tax actually being imposed).
Order Granting Certiorari as to No. 11-393, 565 U.S. __, 2011 WL 5515163.
Order Granting Certiorari as to No. 11-398, 565 U.S. __, 2011 5515164.
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