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Thursday, March 17, 2016
SCOTUS Decision on Diversity Jurisdiction: Americold Realty Trust v. ConAgra Foods
There's a lot of attention right now on President Obama's nomination of Merrick Garland to the U.S. Supreme Court. But I wanted to quickly flag last week's unanimous decision on diversity jurisdiction. Justice Sotomayor's opinion in Americold Realty Trust v. ConAgra Foods, Inc. begins:
This case asks how to determine the citizenship of a "real estate investment trust," an inanimate creature of Maryland law. We answer: While humans and corporations can assert their own citizenship, other entities take the citizenship of their members.
The Court reaffirmed the "oft-repeated rule" that unincorporated entities take on the citizenship of all of their members (citing Carden v. Arkoma Associates, 494 U. S. 185 (1990)), and held that the "members" of this sort of Maryland-law entity included all of its shareholders:
In Maryland, a real estate investment trust is an "unincorporated business trust or association" in which property is held and managed "for the benefit and profit of any person who may become a shareholder." Md. Corp. & Assns. Code Ann. §§8–101(c), 8–102 (2014). As with joint-stock companies or partnerships, shareholders have "ownership interests" and votes in the trust by virtue of their "shares of beneficial interest." §§8–704(b)(5), 8–101(d). These shareholders appear to be in the same position as the shareholders of a joint-stock company or the partners of a limited partnership—both of whom we viewed as members of their relevant entities. See Carden, 494 U. S., at 192–196; see also §8–705(a) (linking the term "beneficial interests" with "membership interests" and "partnership interests"). We therefore conclude that for purposes of diversity jurisdiction, Americold's members include its shareholders.
Justice Sotomayor concluded by recognizing—but rejecting—the argument that the citizenship of an unincorporated entity should be determined the same way as a corporation:
We also decline an amicus' invitation to apply the same rule to an unincorporated entity that applies to a corporation—namely, to consider it a citizen only of its State of establishment and its principal place of business. See Brief for National Association of Real Estate Investment Trusts 11–21. When we last examined the "doctrinal wall" between corporate and unincorporated entities in 1990, we saw no reason to tear it down. Carden, 494 U. S., at 190. Then as now we reaffirm that it is up to Congress if it wishes to incorporate other entities into 28 U. S. C. §1332(c)'s special jurisdictional rule.
March 17, 2016 in Federal Courts, Recent Decisions, Subject Matter Jurisdiction, Supreme Court Cases | Permalink | Comments (0)
The Donald Trump Final Exam Generator
People clearly have very strong feelings about Donald Trump and his candidacy for President. His supporters like that he tells it how it is, and his detractors like that he is exposing the Republican Party for what it really is.
But, really. Both sides are missing a yuge upside to The Donald's campaign: This guy is generating law school final exam fact patterns like nobody's business.
Teach contracts? Maybe you want to test whether a court would enforce a promise to pay the legal fees of a rally attendee who roughs up a protester. Or maybe you just want a good old-fashioned fraud question.
Teach federal courts? Maybe you want to test whether the Secret Service can be sued for assaulting a journalist at a Trump rally.
Teach con law? Maybe you want to test the free speech rights of protesters vs. rally attendees.
Teach crim law? Maybe you want to test whether Trump could go to jail for inciting a riot. Bonus con law!
Teach property? It's all takings, all the time.
But maybe you don't want an exam full of issue spotters. No problem: I have some nice policy issues for you:
Teach civ pro? Discuss Donald Trump's claim that he doesn't settle lawsuits because he always wins in court.
Teach torts? Discuss Donald Trump's plan to sue everyone for libel. All the time. More bonus con law!
Yes, The Donald pretty much has the whole first year covered. He's practically teaching across the curriculum.
I haven't even started in the bonanza that he's given us for some upper level courses, like the obvious Election Law, Immigration Law, and International Trade issues. Perhaps that will have to be for another post...
March 17, 2016 | Permalink | Comments (0)
Wednesday, March 2, 2016
Grossi on The Claim Prism
Simona Grossi (Loyola Los Angeles) has posted The Claim Prism to SSRN.
The years 1848 and 1938 were landmark years in the history of American procedural law. The first marked the advent of code pleading, and the second introduced the Federal Rules of Civil Procedure. Both developments were a product of reform movements that addressed what the reformers believed to be a procedural crisis generated by the inefficacy of the procedural system under attack. The goal was to create a system of procedure that was both efficient and instrumental to the vindication of substantive rights. In part, each crisis reflected a tension between formalism—the need for rules—and pragmatism—the need for flexibility. Hence, the early codes offered a code-based system that was structured but significantly less so than the common law system it replaced. The Federal Rules aimed to do the same in response to the codes. The difficulty facing both sets of reformers was that their respective tasks of reform required the imposition of rules and at the same time required a pragmatic but principled approach to applying those rules. It seems though that a rule-based system eventually drifts toward the rules and away from pragmatism. Thus, at some point the rules of code pleading came to dominate the instrumental goals of that system. The same appears to be happening with the law of federal courts, including both the Federal Rules and doctrinal procedural law beyond those rules. I believe we are now in the midst of a procedural crisis, but it is not one that requires a new set of rules. Rather it is one that requires a readjustment of the way we think about the current rules and doctrines. This article invites a rethinking of the law of federal courts, including both the rules and the doctrines. It invites a return to the principles that originally animated the Federal Rules, and to the idea of natural lawyering and judging that inspired Charles Clark. The article builds upon the idea of a convenient litigation unit as central to the dispute resolution mission of federal courts, that is, saying what the law is, adhering to the rule of law, and enforcing the checks and balances of our constitutional system.
March 2, 2016 | Permalink | Comments (0)
Tuesday, February 23, 2016
Dodson on Opt-In Class Actions
Scott Dodson (Hastings) has posted An Opt-In Option for Class Actions
February 23, 2016 in Class Actions, Recent Scholarship | Permalink | Comments (0)
Monday, February 22, 2016
House to Consider "Fraudulent Joinder Prevention Act" This Week
The House of Representatives is to consider the so-called Fraudulent Joinder Prevention Act of 2016, H.R. 3624. this week. The bill provides:
Section 1447 of title 28, United States Code, is amended by adding at the end the following:
February 22, 2016 in Federal Courts, Subject Matter Jurisdiction | Permalink | Comments (0)
Friday, February 19, 2016
Nash on Summary Judgment's Standard of Review
Jonathan Remy Nash (Emory) has posted Unearthing Summary Judgment's Concealed Standard of Review to SSRN.
February 19, 2016 | Permalink | Comments (0)
Monday, February 15, 2016
Macfarlane on Staff Attorney Adjudication of Prisoner Claims
Katherine Macfarlane (University of Idaho College of Law) has posted on SSRN a draft of her article "Shadow Judges: Staff Attorney Adjudication of Prisoner Claims."
Prisoners bring over twenty percent of the civil cases filed in federal district courts, predominantly seeking redress for violations of their civil rights, or release from prison under habeas corpus. Because most prisoners (around 93%) proceed pro se in their federal civil litigation, they are already at a disadvantage. The deck is stacked against prisoner plaintiffs in other systemic ways. Local rules, general orders, and even district courts' job postings suggest that when a plaintiff is a pro se prisoner, the plaintiff is denied an Article III judge. Judicial tasks that must be performed in prisoners' cases, from administration to adjudication, are delegated to non-judicial staff. As a result, in the very same court, prisoners' cases are decided by a court employee who works as part of the court's "pro se staff," while all other plaintiffs get an Article III judge (or at least a magistrate judge, if they consent). The Supreme Court's 2015 Wellness International Network v. Sharif decision drew attention to delegation of Article III claims to non-Article III judges in the bankruptcy realm. There, the Court rigorously considered the impact of the structural error caused by delegation to judges who do not enjoy fixed salaries or life tenure. But delegation of the judicial power in the prisoner litigation context is still hiding in plain sight.
This article is the first to investigate the scope of the delegation to pro se staff and to consider the separation of powers concerns caused by delegation of the judicial power to pro se staff. It argues that local procedure has enabled the delegation, and that it has gone too far. Local procedure crafts rules for prisoner litigation that conflict with federal law, effectively denying access to an Article III judge. When federal courts overreach in this manner, their rulemaking exceeds the limited rulemaking authority Congress has delegated to the judiciary. This local procedure also violates federal policy, which generally disfavors allowing non-judicial actors to perform judicial tasks.
This article concludes with recommendations about how to solve the delegation problem. The strongest solution would be to eliminate the local procedure in question, and the pro se staff it creates. Congress would be required to address the issue directly and nationwide by creating, or not, additional procedure for prisoner litigation. A more moderate approach would publicize the identity of pro se staff as well as the nature of the work the staff undertakes. Pro se staff would come out of the shadows and into public view.
February 15, 2016 in Federal Courts, Recent Scholarship | Permalink | Comments (0)
Thursday, February 11, 2016
Morley on Injunctive Relief and De Facto Class Actions
Michael Morley has posted on SSRN a draft of his article, De Facto Class Actions? Injunctive Relief in Election Law, Voting Rights, and Other Constitutional Cases. Here's the abstract:
When a court holds that a legal provision is unconstitutional; inconsistent with, or preempted by, federal law; or invalid under an agency's organic statute or a framework statute such as the Administrative Procedures Act, the court must decide whether to grant injunctive relief and, if so, how broad that relief should be. In particular, the court must decide whether to issue a Plaintiff-Oriented Injunction or a Defendant-Oriented Injunction. A Plaintiff-Oriented Injunction bars the government defendants from enforcing the challenged provision only against the plaintiffs in the case or affected members of plaintiff organizations. A Defendant-Oriented Injunction, in contrast, completely bars the government defendant from enforcing the challenged provision against anyone in the state or nation.
Many courts tend to award Defendant-Oriented Injunctions in election law and voting rights cases, even when they are not brought as class actions, without recognizing or addressing most of the pertinent issues that choice implicates. Individual plaintiffs typically lack Article III standing to seek relief protecting the rights of third parties not before the court. And such third parties may neither fall within the court's personal jurisdiction nor wish to challenge the provision at issue. Defendant-Oriented Injunctions in non-class cases also raise asymmetric preclusion concerns, undermine the policy considerations underlying Rule 23, and allow trial courts to enforce their rulings beyond the geographic limits of their jurisdiction.
February 11, 2016 in Class Actions, Recent Scholarship | Permalink | Comments (0)
Tuesday, February 9, 2016
Choi and Pritchard on SEC Investigations and Securities Class Actions
A new article by Professors Stephen J. Choi and A.C. Pritchard, SEC Investigations and Securities Class Actions: An Empirical Comparison, has been published in the Journal of Empirical Legal Studies.
Using actions with both an SEC investigation and a class action as our baseline, we compare the targeting of SEC-only investigations with class-action-only lawsuits. Looking at measures of information asymmetry, we find that investors in the market perceive greater information asymmetry following the public announcement of the underlying violation for class-action-only lawsuits compared with SEC-only investigations. Turning to sanctions, we find that the incidence of top officer resignation is greater for class-action-only lawsuits relative to SEC-only investigations. Our findings are consistent with the private enforcement targeting disclosure violations at least as precisely as (if not more so than) SEC enforcement.
February 9, 2016 in Class Actions, Recent Scholarship | Permalink | Comments (0)
Palmer on Partisan Appointments to Special Courts and Panels
A new article, Does the Chief Justice Make Partisan Appointments to Special Courts and Panels?, by political science professor Maxwell Palmer (Boston University), has been published in the Journal of Empirical Legal Studies.
The Chief Justice of the Supreme Court has the exclusive and independent power to appoint federal judges to various special courts and panels, including the Foreign Intelligence Surveillance Court (FISC), the court that oversees all domestic surveillance for national security, including domestic data collection by the National Security Agency (NSA). This article examines the propensity of Chief Justices to appoint co-partisan judges to these panels. Such appointments may serve to produce decisions and policies that align with the Chief Justice's preferences. I use computational simulations to model the appointment decisions made by Chief Justices. I find that there is less than a 1 percent chance that a neutral Chief Justice would appoint as many Republicans to the FISC as have been appointed in the last 36 years. I further show that the Chief Justice is not selecting appointees on other observable judicial characteristics, such as age, experience, gender, senior status, or caseload. These results have important implications for the creation of judicial institutions, the internal politics of the judiciary, legislative delegation, and the powers and oversight of the national security state.
February 9, 2016 in Class Actions, Federal Courts, Recent Scholarship | Permalink | Comments (0)
Monday, February 8, 2016
Discovery Protocol Results in More Settlements, Fewer Motions to Compel
I don't know how I missed this when it came out, but better late than never. The Federal Judicial Center has published a brief empirical study of the pilot project on initial discovery protocols in employment cases. Emery G. Lee & Jason A. Cantone, Report on Pilot Project Regarding Initial Discovery Protocols for Employment Cases Alleging Adverse Action (Oct. 2015).
One of the ideas floated at the 2010 conference on civil litigation held at Duke Law School was that pattern discovery (set forms) in particular case types might reduce discovery battles (and hence, "cost and delay"). Another, related idea expressed at the conference was that initial required disclosures under FRCP 26(a) were generally not helpful. The Advisory Committee did not officially pursue these ideas (in fact, it abolished all the forms following the FRCP). However, a group of plaintiffs' and defendants' attorneys experienced in employment cases negotiated and finalized discovery protocols for those cases that replace the standard initial disclosures. Judge John G. Koeltl and the Institute for the Advancement of the American Legal System (IAALS) facilitated the project.
The protocols cover only cases alleging adverse employment action. Certain cases are exempt from the protocols: class actions, and cases alleging only discrimination in hiring, harassment, or violations of FLSA, ADA, FMLA, or ERISA.
The protocols are posted on the FJC's website. About 75 federal district court judges have adopted the protocols, and the FJC has now studied their effect.
As described by the FJC:
The Protocols create a new category of information exchange, replacing initial disclosures with initial discovery specific to employment cases alleging adverse action. This discovery is provided automatically by both sides within 30 days of the defendant's responsive pleading or motion. While the parties' subsequent right to discovery under the F.R.C.P. is not affected, the amount and type of information initially exchanged ought to focus the disputed issues, streamline the discovery process, and minimize opportunities for gamesmanship. The Protocols are accompanied by a standing order for their implementation by individual judges in the pilot project, as well as a model protective order that the attorneys and the judge can use [as] a basis for discussion.
For example, among the many items the plaintiff is required to produce to the defendant are "diary, journal, and calendar entries maintained by the plaintiff concerning the factual allegations or claims at issue in this lawsuit," and "the plaintiff's current resume(s)." Among the many items the defendant is required to produce to the plaintiff are "the plaintiff's personnel file, in any form, maintained by the defendant, including files concerning the plaintiff maintained by the plaintiff's supervisor(s), manager(s), or the defendant's human resources representative(s), irrespective of the relevant time period" and "the plaintiff's performance evaluations and formal discipline."
So now to the FJC's study of the effect of the pilot project. The FJC constructed a sample of 477 cases in the pilot program and a comparison sample (random and nationwide) of 672 recently-terminated cases alleging employment discrimination not in the pilot program. Here are some of the results. Please note that I constructed the table below based on the text in the FJC's report:
Pilot cases
p value
(if given)
Number of cases
Mean disposition time in days
Median disposition time in days
Case outcomes:
o Settlement
o Voluntary dismissal (which could include
settlement, but not clear from docket)
o Dismissed on Rule 12 motion
o Resolved by summary judgment
o Trial
o Other (DWP, failure to exhaust)
Motions to dismiss filed
Motions for summary judgment filed
One or more discovery motions filed*
*Includes motions to compel and motions for protective order (apparently includes only contested, not stipulated, motions for protective order).
**Statistically significant.
Some of these findings are cause for celebration. There were significantly fewer discovery motions filed in the pilot cases. The pilot cases were more likely to result in settlement. The pilot cases were less frequently dismissed on motion or resolved by summary judgment. Fewer such motions were even filed in the pilot cases.
As for case disposition time, the FJC seems almost apologetic that pilot cases were resolved faster than, but not statistically significantly faster than, non-pilot cases, stating, "The pilot does not, in short, appear to have an appreciable effect on reducing delay." But whether pilot or non-pilot, these cases last about nine or ten months from filing to disposition. How much faster does anyone want? Having practiced law in the 1980s and 1990s (including in Illinois state courts), I'd like to suggest that this is a rocket docket. Once we account for the preliminary time periods allowed by the FRCP (up to 90 days to serve the complaint after filing and then up to 90 days to issue the scheduling order), and add a standard six months to complete discovery, that's what we get – nine or ten months. Where's the "delay"? (Not blaming the FJC for using this term: it's the mantra used by discovery "reformers.")
The FJC is, as always, careful to note the limitations of its study. First, judges are free to adopt or not adopt the protocols, so the pilot cases came from only ten districts, and 75% of the pilot cases were in Connecticut or the Southern District of New York. Second, because the initial disclosures were not usually docketed (and under FRCP 5, they would not be required to be), the FJC could not determine whether the parties "actually complied with the discovery protocols and exchanged the required initial disclosures." Finally, "this report makes no claim that the only factor differing between the pilot and comparison cases was the pattern discovery in the former," and "caution is warranted before concluding that the pilot program caused the above described differences between the pilot and comparison cases."
In my opinion, the pattern discovery approach should be pursued in more types of cases. Having experienced attorneys on both sides negotiate protocols to produce the types of documents and information repeatedly sought in discovery in a particular kind of case represents a far more sensible, concrete, and helpful approach to improving discovery than the adoption of a vague "proportionality" standard.
February 8, 2016 in Discovery, Federal Courts | Permalink | Comments (1)
Friday, February 5, 2016
Registration Opens for 2016 SEALS Conference
Registration for the 2016 annual conference of the Southeastern Law Schools Association (SEALS) is now open. The final program is available. The conference will be held August 3-9, 2016 in Amelia Island, Florida.
The programs that seem to relate most to civil procedure, litigation, and courts are (I apologize if I missed any):
February 5, 2016 in Conferences/Symposia | Permalink | Comments (0)
Bills to Curb Forced Arbitration, Split Ninth Circuit Introduced
A bill to prohibit corporations from forcing arbitration of certain disputes, Restoring Statutory Rights Act, S.2506, was introduced on February 4 by Senator Patrick Leahy (D-VT).
Separately, bills were introduced in both the House, H.R. 4457, and the Senate, S.2490, to divide the Ninth Judicial Circuit into two circuits. The bills are sponsored by Republicans from Arizona.
February 5, 2016 in Current Affairs, Federal Courts | Permalink | Comments (0)
Tuesday, February 2, 2016
New Study Finds "Stunning and Unacceptable Level of Randomly Distributed Justice"
Professor Gary Neustadter of Santa Clara University School of Law has posted on SSRN his article, Randomly Distributed Trial Court Justice: A Case Study and Siren from the Consumer Bankruptcy World.
Between February 24, 2010 and April 23, 2012, Heritage Pacific Financial, L.L.C. ("Heritage"), a debt buyer, mass produced and filed 218 essentially identical adversary proceedings in California bankruptcy courts against makers of promissory notes who had filed Chapter 7 or Chapter 13 bankruptcy petitions. Each complaint alleged Heritage's acquisition of the notes in the secondary market and alleged the outstanding obligations on the notes to be nondischargeable under the Bankruptcy Code's fraud exception to the bankruptcy discharge. The notes evidenced loans to California residents, made in 2005 and 2006, which helped finance the purchase, refinancing, or improvement of California residential real property. When issued, the notes were secured by junior consensual liens on the real property, but subsequent foreclosure of senior consensual liens, precipitated by the mid-decade burst of the housing bubble, left the notes unsecured.
This article reports an empirical study of these bankruptcy adversary proceedings. Because the proceedings were essentially identical, they offer a rare laboratory for testing the extent to which our entry-level justice system measures up to our aspirations for "Equal Justice Under Law." We are unlikely to find many conditions better suited to empirical exploration of that question: (1) civil litigation filed during a relatively brief time span by one plaintiff against 266 defendants (including co-defendant spouses); (2) some defendants defaulting, some defendants appearing pro se, and some represented by an attorney; (3) dispersal of the litigation among forty-seven different bankruptcy court judges, all sitting in one state (and thus, where applicable, required to apply the relevant substantive law of a single state); and (4) legal claims and factual allegations by the plaintiff so nearly identical that each dispute is resolvable on the basis of one obvious and straightforward factual question (reliance by an originating lender on a borrower's misrepresentations) or on the basis of three less obvious and more complex legal rules (a California statutory limitation on fraud claims and two alternative varieties of a standing defense).
The results in the Heritage adversary proceedings evidence a stunning and unacceptable level of randomly distributed justice at the trial court level, generated as much by the idiosyncratic behaviors of judges, lawyers, and parties as by even handed application of law. We anticipate some randomly distributed justice as the inevitable byproduct of disparities in economic and other resources of the parties and disparities in the knowledge, capabilities, and attitudes of even well-meaning attorneys and judges acting reasonably in an imperfect system. We aspire, nonetheless, to equal justice under law. The findings of this study reflect a departure from that ideal on a scale both larger than we may have expected and larger than we should tolerate.
Hat tip: Jason Kilborn, who had high praise for this article: "The paths and outcomes of these materially identical cases are so different in so many surprising (and often disturbing) ways, the paper offers a really stunning look behind the curtain of our often arbitrary trial-level justice system. . . . The revelations in this paper are a gold mine for civil proceduralists, and it offers a cautionary tale and useful playbook for lawyers (and perhaps judges) in how to make many aspects of our system more effective."
February 2, 2016 in Federal Courts, Recent Scholarship | Permalink | Comments (1)
Sunday, January 31, 2016
Bill to Federalize Trade Secrets Claims Moves Forward
A bill to extend federal jurisdiction to claims for theft of trade secrets, the Defend Trade Secrets Act of 2015 (S. 1890), has been reported out of committee to the full chamber. Trade secrets are largely the subject of state law, and the federal courts currently lack jurisdiction of a claim for theft of trade secrets, unless there is diversity of citizenship or joinder with a transactionally-related federal-question claim such as trademark infringement.
The bill is co-sponsored by Republicans and Democrats.
The bill creates a civil action with original federal jurisdiction brought by "an owner of a trade secret that is misappropriated . . . if the trade secret is related to a product or service used in, or intended for use in, interstate or foreign commerce." The bill sets conditions for the "seizure of property necessary to prevent the propagation or dissemination of the trade secret that is the subject of the action."
The bill would also create a cause of action by "a person who suffers damage by reason of a wrongful or excessive seizure."
One of the remedies that is authorized is, of course, damages:
[a court may] (B) award—
(I) damages for actual loss caused by the misappropriation of the trade secret; and
(II) damages for any unjust enrichment caused by the misappropriation of the trade secret that is not addressed in computing damages for actual loss; or
(ii) in lieu of damages measured by any other methods, the damages caused by the misappropriation measured by imposition of liability for a reasonable royalty for the misappropriator's unauthorized disclosure or use of the trade secret . . .
(As an aside: Could (B)(ii) be characterized as an award of statutory damages, currently under attack in the Supreme Court in Spokeo, Inc. v. Robins?)
A brief description of the bill's background by David J. Kappos, former director of the United States Patent & Trademark Office, is in thehill.com.
January 31, 2016 in Current Affairs, Subject Matter Jurisdiction | Permalink | Comments (1)
Tuesday, January 26, 2016
Symposium Articles on Re-Assessing Civil Procedure Published
The Nevada Law Journal's current issue publishes a symposium entitled "Through a Glass Starkly: Civil Procedure Re-Assessed." It contains numerous notable articles and essays:
Symposium Introduction: Through A Glass Starkly: Civil Procedure Re-Assessed
Thomas O. Main and Jeffrey W. Stempel
The Forms Had a Function: Rule 84 and the Appendix of Forms as Guardians of the Liberal Ethos in Civil Procedure
A. Benjamin Spencer
How Atypical Cases Make Bad Rules: A Commentary on the Rulemaking Process
Suja A. Thomas and Dawson Price
Some Specific Concerns with the New General Jurisdiction
Richard D. Freer
The Irrepressible Myth of Burnham and Its Increasing Indefensibility After Goodyear and Daimler
Jeffrey W. Stempel
Amending Complaints to Sue Previously Misnamed or Unidentified Defendants After the Statute of Limitations Has Run: Questions Remaining from the Krupski Decision
Edward F. Sherman
Scott v. Harris and the Future of Summary Judgment
Tobias Barrington Wolff
Revisiting the Integration of Law and Fact in Contemporary Federal Civil Litigation
Elizabeth M. Schneider
Reflections of a Recovering Aggregationist
Linda S. Mullenix
The Death with Dignity Ballot Initiative: Narrative Tensions and Jewish Legalities
Bernard H. Mehlman and Jeremy S. Morrison
Judicial Rejection of Transsubstantivity: The FOIA Example
Margaret B. Kwoka
Federal Court Rulemaking and Litigation Reform: An Institutional Approach
Stephen B. Burbank and Sean Farhang
Procedural Constants: How Delay Aversion Shapes Reform
Thomas O. Main
Contingency of Openness in Courts: Changing the Experiences and Logics of the Public's Role in Court-Based ADR
Judith Resnik
The Grand Poobah and Gorillas in our Midst: Enhancing Civil Justice in the Federal Courts—Swapping Discovery Procedures in the Federal Rules of Civil and Criminal Procedure and Other Reforms Like Trial by Agreement
Mark W. Bennett
Steve Subrin
January 26, 2016 in Conferences/Symposia, Recent Scholarship | Permalink | Comments (0)
Monday, January 25, 2016
SCOTUS Decision in Montgomery v. Louisiana: Supreme Court Jurisdiction, State Courts, and Retroactivity
Today the Supreme Court issued a 6-3 decision in Montgomery v. Louisiana, which involves the retroactive effect of the Supreme Court's 2012 decision in Miller v. Alabama (where the Court prohibited mandatory sentences of life without the possibility of parole for juveniles).
The case presented both an interesting question of Supreme Court jurisdiction in the context of state collateral review proceedings, and the perennial federal courts challenge of when a new constitutional right applies retroactively. The majority opinion authored by Justice Kennedy (joined by Chief Justice Roberts and Justices Ginsburg, Breyer, Kagan & Sotomayor) concluded:
(1) The Supreme Court had jurisdiction to review a state court's failure to recognize, in the context of state collateral review, a federal constitutional right that applies retroactively;
(2) Miller did announce "a substantive rule of constitutional law" that applies retroactively; and
(3) A state may remedy a Miller violation by extending parole eligibility to juvenile offenders.
The three dissenters were Justices Scalia, Thomas, and Alito, who disagreed both on jurisdiction and on the merits. Justice Scalia wrote a dissenting opinion that was joined by both Thomas and Alito, and Justice Thomas wrote a separate dissent as well.
Check out Lyle Denniston's analysis on SCOTUSblog.
January 25, 2016 in Federal Courts, Recent Decisions, State Courts, Subject Matter Jurisdiction, Supreme Court Cases | Permalink | Comments (0)
Friday, January 22, 2016
Article on Spokeo, Inc. v. Robins Now on St. Thomas Journal of Complex Litigation Website
I'm overcoming my reticence to post twice about one of my articles, because I want to promote the law students at St. Thomas University School of Law who have labored to establish the new St. Thomas Journal of Complex Litigation (JCL). The final version of my article, "Spokeo, Inc. v. Robins: The Illusory 'No-Injury' Class Reaches the Supreme Court," has just been posted on the JCL website. The abstract is available on SSRN here.
The St. Thomas JCL is pleased to accept submissions through ExpressO or Scholastica from judges, attorneys, law faculty, and law students. Information on submissions is here.
January 22, 2016 in Class Actions, Recent Scholarship, Standing, Supreme Court Cases | Permalink | Comments (0)
Wednesday, January 20, 2016
Today's SCOTUS Decision in Campbell-Ewald v. Gomez
The Supreme Court issued its decision today in Campbell-Ewald Co. v. Gomez, a closely watched case on class actions, Article III, and mootness (covered earlier here and here). Justice Ginsburg's majority opinion begins:
Is an unaccepted offer to satisfy the named plaintiff 's individual claim sufficient to render a case moot when the complaint seeks relief on behalf of the plaintiff and a class of persons similarly situated? This question, on which Courts of Appeals have divided, was reserved in Genesis HealthCare Corp. v. Symczyk, 569 U. S. ___, ___, ___, n. 4 (2013) (slip op., at 5, 6, n. 4). We hold today, in accord with Rule 68 of the Federal Rules of Civil Procedure, that an unaccepted settlement offer has no force. Like other unaccepted contract offers, it creates no lasting right or obligation. With the offer off the table, and the defendant's continuing denial of liability, adversity between the parties persists.
Justice Ginsburg's opinion is joined by Justices Kennedy, Breyer, Sotomayor, and Kagan. Justice Thomas adds a sixth vote, but writes a separate concurring opinion. Chief Justice Roberts writes a dissenting opinion, joined by Justices Scalia and Alito, and Justice Alito writes a dissenting opinion as well.
January 20, 2016 in Class Actions, Federal Courts, Federal Rules of Civil Procedure, Recent Decisions, Subject Matter Jurisdiction, Supreme Court Cases | Permalink | Comments (0)
Saturday, January 16, 2016
Advisory Committee Members Tout Rules Amendments on YouTube
We reported earlier that former and current members of the Civil Rules Advisory Committee (AC) are appearing in federal courthouses all over the country in an unprecedented "roadshow" produced by the ABA and the Duke Center for Judicial Studies that focuses on the proportionality amendments to the discovery rules.
Here's another step taken by former and current AC members that I believe to be unprecedented: they are starring in YouTube videos produced by the Federal Judicial Center. (Yes, the federal judiciary has a YouTube channel!)
There are five videos about the 2015 amendments.
- Overview, by Judge David Campbell (chair of the AC until October 2015 and a member of the AC since 2005)
- Cooperation, by Judge Gene Pratter (member of the AC from 2011 to present).
- Proportional Discovery, by Judge John Koetl (member of the AC from 2007 to 2014 and chair of the Duke Subcommittee).
- Early and Active Case Management, also by Judge Campbell.
- Failure to Preserve Electronically Stored Information, by Judge Paul Grimm (member of the AC from 2009 to 2015 and chair of the Discovery Subcommittee).
Some observations, in no particular order:
- In none of the videos do the speakers or the introductory frames indicate that they do not speak officially on behalf of the AC or the federal judiciary. In fact, there is every indication that are speaking officially.
- If you only have time for one or two videos, watch Judge Campbell's overview and Judge Grimm's ESI video. The other videos repeat a lot of the overview.
- You might want to download the Swift app so that you can listen to the YouTube videos at faster than normal speed.
- The videos do not provide any example of an actual case, anecdote, or even a hypothetical situation that might give some content to the abstract vagaries of "proportionality."
- None of the videos mentioned anything about the deletion of Rule 84 and the thirty-six forms that used to follow the rules.
- An effort is made to reassure viewers that the change in the scope of discovery "is not intended to deprive any party of the evidence needed to prove its claim or defense. The intent is to eliminate excessive and unnecessary discovery."
- There is some revisionist history of the evolution of the proportionality amendments. Several speakers attempt to trace those amendments directly to conclusions reached at the 2010 Duke Conference. But this attempt is belied by the Committee's 2011 Report to the Chief Justice about the Duke Conference, which specifically stated that there was no need to change the scope of discovery in Rule 26.
- Several speakers mentioned three surveys prepared for the Duke Conference, those by the ABA Section of Litigation, the National Employment Lawyers Association, and the Fellows of the America College of Trial Lawyers. Strangely, though, these FJC-produced videos fail to mention the FJC's own studies for the Duke Conference, even though the Committee's 2011 report to the Chief Justice recognized (note 2, page 3) that the FJC "study design has an important advantage" over the others. (The FJC studies contained findings that suggested that no changes to discovery were needed.)
January 16, 2016 in Discovery, Federal Rules of Civil Procedure | Permalink | Comments (0)


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The World's Best Outdoor Ads, 2012-13See the top 75 winners from the Outdoor Lions at Cannes
- 1 of 75
- ››
Grand Prix: IBM (1 of 3)
Agency: Ogilvy & Mather, Paris
Three billboards functioned as a bench, a shelter and a ramp over stairs—small improvements to the cityscape that serve as a metaphor for IBM's larger effort to make cities smarter through technology.
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subset: commoncrawl


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The Traveling Wizard is a man of minor repute. He has made great impacts on a few places and people. Those that know him, know him to be powerful. However, most do not know him, for he travels the world. He seeks experience and knowledge, craves adventure. The journeys of the Traveling Wizard seem to never end.
A magical weapon which the third time it is used will turn on it\'s owner, killing or badly wounding him or her.


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Click here to print the obituary below
E. Arlene Laird(1922 - 2014)
Laird, Elnora "Arlene"
E. Arlene Laird, age 91 of Black Creek, WI passed away at Grand Horizons Assisted Living in Appleton on Thursday, February 20, 2014.
Arlene was born in Newaygo, MI on March 9, 1922 to Dana and Coline Jewell. Arlene lived and worked in Fremont, MI until her marriage to Stephen Edward Laird on April 13, 1968. Stephen preceded her in death on October 12, 1994. Arlene was a dedicated volunteer for WEMI Christian Radio and enjoyed reading, puzzles, bird watching and nature. She remained active and was able to live in her own home until October of 2012 when she moved to Grand Horizons Assisted Living in Appleton, WI.
In addition to her husband Stephen, Arlene was preceded in death by her parents Dana and Coline, her brother Verne, and nephew Clyde Jewell.
Arlene will be greatly missed by her "people" Rob & Mary McLennan, neighbors and friends. Rob and Mary would like to thank the staff of Grand Horizons for their compassionate care, and Arlene's many neighbors and friends who assisted her during her life in Black Creek.
Friends may call on Saturday, March 1, 2014 at Valley Funeral Home in Appleton from 11:00 am to 12:00 pm. A Memorial Service will follow at 12:00 Noon.
In lieu of flowers, donations to either WEMI Radio or Rawhide Boys Ranch are suggested.
Funeral Home
Valley Funeral Home
2211 N. Richmond St.
Appleton, WI 54911
(920) 733-5435
Published in Appleton Post-Crescent from Feb. 26 to Feb. 28, 2014


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Event Archive
Only past events are being displaying for Networking.
Terry Alumni Panel | Life in the C-Suite
- Wednesday, March 16, 2016 at 12:20pm – 1:10pm
Hear from Terry College alumni about their experiences in the C-Suite during a panel discussion and Q&A session. Don't miss this great opportunity to hear from alumni and fellow students! Featured panelists: Mary Elizabeth Sadd (BBA '87), Senior Client Partner, Korn Ferry Bobby Heath (BBA '73, MBA '79),…
Dinner & Discussion with CAT Financial
- Tuesday, March 15, 2016 at 5:00pm – 6:30pm
Join CAT Financial leaders and Terry alumni for a behind the scenes look at the interview process, their training program and internship and full-time opportunities in Nashville.
Terry Talks with Joe Cronk (BBA 1985), Managing Director, Alvarez & Marsal
- Tuesday, March 15, 2016 at 12:30pm – 1:30pm
Joe Cronk is a Managing Director with Alvarez & Marsal Business Consulting in Atlanta, specializing in revenue enhancement and client growth strategies. He helps drive A&M's Key Account Program in the East Region and leads the client relationship for several global Fortune 500 clients. Mr. Cronk delivers Business Development…
Employer of the Day: Geico
- Tuesday, March 15, 2016 at 11:00am – 1:30pm
Representatives from Geico will be in the Coke Lounge on Tuesday March 15 from 11:00 a.m. – 1:30 p.m. to promote their 2016 leadership programs. Stop by to learn more about Geico Careers and opportunities. For more information checkout Geico at careers.geico.com.
Building Terry In Your Town
- Friday, March 4, 2016
- Friday, March 18, 2016
Last year, we came together and raised more than $1 million from young alumni for the Building Terry Campaign. This unprecedented collaboration of alumni from across the globe has united us, brick-by-brick. We have seen the energy that is created when we come together, and our opportunity for impact…
Beta Alpha Psi Meeting: Grant Thornton Presentation
- Thursday, March 3, 2016 at 7:00pm – 8:00pm
Beta Alpha Psi is pleased to invite you to Grant Thornton's presentation. This presentation will take place in Sanford 213. Attending this meeting is a great way to learn about the firm and its opportunities.
Terry Young Alumni Network Gathering
- Thursday, March 3, 2016 at 6:00pm – 8:00pm
Please join Terry College young alumni and friends for a networking gathering and learn more about the upcoming signature project, "Building Terry In Your Town - A Day of Service With Junior Achievement."
Guests Welcome.
Employer of the Day: Belk
- Wednesday, March 2, 2016 at 9:00am – 12:30pm
Belk will be on campus to promote their summer internship experience. The Belk Internship Program is a 10 week program for undergraduates designed to offer hands on project work and in depth exposure to a fast paced growing organization. The program will provide each intern with mentors and coaches as well as a platform to network across all levels of our organization. Come by and visit the Belk Campus Recruitment team and learn about all of the different opportunities a retail organization can offer you. From Retail Store Management, Buying/Planning, Marketing, eCommerce, and Information Technology, there is something for everyone!
Terry Talks with Kevin P. Holleran, President, Textron Specialized Vehicles
- Tuesday, March 1, 2016 at 5:30pm – 6:30pm
Kevin Holleran is president of Textron Specialized Vehicles, a leading global manufacturer of purpose-built products for a variety of commercial and recreational applications.
Alum of the Day: Kasey Gartner (BBA '03, MBA '09), Northwestern Mutual
- Wednesday, February 24, 2016 at 1:30pm – 4:00pm
Come meet Alum of the Day, Kasey Gartner, on Wednesday, February 24, 2016 from 1:00 - 3:30 PM
UGA Career Center Presents: Career Advice from UGA Alumni in Business
- Tuesday, February 23, 2016 at 12:00pm – 1:00pm
Students and Alumni, you're invited to a UGA Virtual Networking Hour, Career Advice from Business Alumni. This event is exclusively for UGA students and alumni. Students, get connected to alumni in various business fields to find out how to make the most of your college experience,…
Employer of the Day: WestRock
- Tuesday, February 23, 2016 at 9:00am – 12:30pm
Representatives from WestRock will be in the Coke Lounge on February 23 from 9 a.m. - 12:30 p.m. to promote their 2016 Summer Intern program in Norcross, GA that will feed into a rotational full-time program. Stop by to learn more about WestRock, their Finance, IT, Procurement and Supply Chain opportunities. For more information checkout WestRock at www.westrock.com.
Society for Management Information Systems Presents: PwC
- Thursday, February 18, 2016 at 7:00pm – 8:00pm
Join the Society for Management Information Systems (SMIS) for an information session with PwC. Representatives from PwC will be on campus to discuss internship and full time job opportunities. Dress is business casual and food will be provided. For more information, contact Yuchen Wang.
MBA Spring Networking Night
- Thursday, February 18, 2016 at 6:00pm – 9:00pm
This Networking event offers MBA students the opportunity to connect with employers and alumni to build relationships leading to internships and full time hires. This recruiting event offers a cordial atmosphere designed to facilitate conversations between current students and prospective employers.
Risk Management and Insurance Young Alumni Panel
- Wednesday, February 17, 2016 at 6:30pm – 7:30pm
Young risk and insurance professionals who have graduated in the last five years will give students advice and provide insights into what to expect their first few years out of school. The event will be held on Wednesday, February 17 at 6:30 p.m. Location is to be determined. …


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In the women's doubles, Taiwan's Chan Hao-ching and Janette Husarova of Slovakia lost to Russia's Ekatarina Makarova and Elena Vesnina 7-6 (7/3), 4-6, 10-7.
Thu, Mar 14, 2013 - Page 20 News List
Djokovic, Murray go through to fourth round
Reuters, INDIAN WELLS, California
This story has been viewed 1183 times.
Comments will be moderated. Remarks containing abusive and obscene language, personal attacks of any kind or promotion will be removed and the user banned.
Most Popular
Listing from 2016-06-23 to 2016-06-30
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1CAL attendants go on strike
2AIRLINE STRIKE: China Airlines strike causes 67 flight cancelations
3AIRLINE STRIKE: CAL, union reach deal to end action
4Tsai on first state visit; many dissatisfied over status
5CAL should be prepared for workers' strike: CAA


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Kingston on 4th offers Caribbean cuisine in Melville.
Drinks in jars, good reggae music, and a vibe that is so chillaxed you'll want
to hang out with your friends all night.
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Luke Dale-Roberts' empire is mushrooming! We interview Wesley Randles heading up the latest addition.
South AfricaCity Press
Cape TownCity Press
MpumalangaCity Press
Apartments / FlatsR 450 000
HousesR 1 750 000
HousesR 2 280 000


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I have used them for several commercial jobs in OK and they have been great to work with. They are always willing to do their best to accomodate our tight schedule, and almost everything has always been right. We had 1 minor issue that they fixed right away, other than that we haven't had one problem with them.
Oklahoma City Vinyl Windows
1. Window World of Oklahoma City Inc.
3408 S Meridian AveOklahoma City, OK 73119
From Business: We're increasing curb appeal, improving efficiency, and enhancing quality of life one home at a time. Window World sold and installed more than 1 million high-quali…
2. City Glass Co.Products
Of course City Glass is busy, I would expect any business that puts out a good product at a very fair price to be busy. Every time I have went to th…
3. DC Awnings
2017 S Harvard DrOklahoma City, OK 73128
From Business: RESIDENTIAL, COMMERCIAL, WHOLEALE, RETAIL.
4. Haddon RoofingServices
8617 NW 121st StOklahoma City, OK 73162
From Business: We will be happy to work on all roofs including metal, flat, residential and commercial. Whether you need shingles or shake, your roofing needs are just a phone cal…
5. Agnew Door & Window Co.
Very satisfied. I order a fairly expensive door and came up to pickup 10 minutes before closing on Friday. I had made a mistake in the order (meant…
6. City Glass OKCProducts
821 NW 5th StOklahoma City, OK 73106
From Business: City Glass OKC has been serving the Oklahoma City metro area since 1954. We are your best choice when it comes to commercial, residential and automotive glass. Comm…
7. Glass Doctor of Oklahoma City
1300 N May AveOklahoma City, OK 73107
From Business: Glass Doctor is one of the nation's largest full-service glass repair and replacement companies. With more than 275 qualified franchise shops, Glass Doctor is ready…
8. American Eagle Builders Supply
After the Monday, Dec. 10, 2007, Ice Storm in OKC, I called this company for an estimate on Dec. 12, a Wednesday. The owner was at my house within …
9. Doors & Windows by Replacement SpecialtiesServices
8424 S Douglas AveOklahoma City, OK 73139
From Business: A company in Oklahoma City, OK that specializes in Doors and Window Replacements.
10. Metro Roofing
8090 Glade AveOklahoma City, OK 73132
From Business: *Statewide Service Since 1979 *Commercial / Residential *Visit Our Web Site For Additional Info Top 10 Reasons To Call Metro Roofing Company... Dependable *Same Pho…
11. United Glass & Frame
2537 SW 29th StOklahoma City, OK 73119
From Business: Auto Home Commercial Residential
12. Sears Home Improvement
Oklahoma City, OK 73105
From Business: Whether it's an interior or exterior project, you can rely on Sears for quality and craftsmanship. We make your home improvement shopping easy. We bring the showroo…
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7701 Broadway Ext Ste A2Oklahoma City, OK 73116
From Business: * Many Models & Styles to Choose from Custom Built to Your Home * Beware of "Look A Like" Imitations
14. All Pro Siding & WindowsProducts
7152 Melrose LnOklahoma City, OK 73127
15. Metro GlassProducts
Working with Metro Glass was an extremely fun and informative experience. I would highly recommend them.
16. Baldwin Enterpises IncServices
My wife and had our home built back in 2001. After sever weather and drought, our home was needing some TLC. In 2006, we had our home painted and re…
17. Community Builders IncServices
7925 N Hudson AveOklahoma City, OK 73114
From Business: Since 1982, Community Builders has helped homeowners in Oklahoma, Kansas, Missouri and Arkansas with their important home remodeling projects. We are dedicated to p…
18. Central Glass & MirrorProducts
232 W Britton RdOklahoma City, OK 73114
From Business: |Year Established: 1973.
19. Energy Mart ConstructionServices
4209 NE 16th TerOklahoma City, OK 73121
From Business: When you need home improvement done due to storm damage, personal choice, curb appeal, or you decided to join the thousands whom have saved thousands by energy star…
20. Renewal By Anderson
4440 N Cooper AveOklahoma City, OK 73118
From Business: When searching for reliable, energy-efficient replacement windows for your home in Atlanta, Georgia, or any other surrounding community, look no further than Renewa…
21. Hometek Remodelers
3412 NW 20th StOklahoma City, OK 73107
From Business: We had HomeTek Remodelers do our siding and replacement windows and are very pleased. We had our siding done in 2007 and called them back for the windows in 2009. T…
22. A T Roofing & Const CoServices
AT Roofing did an exceptional job on my roof. It is beautiful. The workman did a quality very professional job and the clean up of the roofing mat…
23. Discount Remodeler's Of Oklahoma
8005 S I 35 Service RdOklahoma City, OK 73149
24. Ronco Construction & Supply Co., Inc.
4416 N Western Ave # 203Oklahoma City, OK 73118
25. Everyone's Roofing And Construction
8124 Bourbon StOklahoma City, OK 73128
26. Ultimate Roofing & Construction
Ultimate Roofing and Construction was very helpful and knowledgable. Great to work with and willing to go the extra mile to make sure my home was ta…
27. Fuller Window & Siding Co
I got new energy efficient windows and a sliding patio door. I got them in summer time and my home stays so much cooler and the A/C wasn't running a…
28. Majestic RoofingServices
Very fast and clean but the best way to say it's, they are so profesional and do it in time with quality at affordable cost.
29. Best Choice Roofing
Fernando and his crew do superb work. The just left my property and they were fast and extremely reasonable to work with. Very honest guy and also l…
30. Windsor Door Siding & WindowsServices
Excellent job. They were on time and had our new garage doors installed very quickly. The doors look fantastic too.
Very satisfied. I order a fairly expensive door and came up to pickup 10 minutes before closing on Friday. I had made a mistake in the order (meant to order a flush door not a slab). The guys in the shop stayed late and remade my order to fix MY mistake right then without charge. Great service!
i just walk in to see a new door and asking about the prize, they really taking care of me real good. i'm really satiesfied with the service. Thank you Agnew door.


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Article sounds like it was written by one of Lauryn Hills band members. Basically it says, don't blame her, blame the artistic process. And shame on the fans who expect an artist to be professional and show up on time.
Even better than playoff basketball!
This so freaking stupid Mann
Your rules are si stupid don't even sound true
This is the stupidest dress code I've ever heard of
yeah marty, i was channeling you when playing the drum part.
Great track, "Un." And that's me invisible behind you on the drums. Not on the track. Just in the photo...
Great track, "Un." And that's me on the drums invisible behind you. Not on the track. Just in the photo.
Such an aching, triumphant song.
Brewer's Row - the collective band and individuals within - continue to evolve and ascend: the new album radiates. The harmonies and melodies synergize to both waken and tame your brain.
That was a dumb mistake. I apologize PJ. Fixing now. - Alex
^What PJ said.
"featuring original drummer Cory Muro" false.
Hi my name is Pj Caruso and I was the drummer for Punchline for the first 12 years of the band.
Incredible! Can't wait to see it live :)
Can't get enough of it!! Great record. Been following since Devil. Can't wait to get a copy. Cheers.
Great job guys. Dig the heavy mellow vibe.
If you're a fan of NO KNIFE and/or The Life and Times/SHINER then I highly recommend this song and the EP is fantastic!! Cheers from beautiful Milwaukee!
at least you weren't one of many fans who bought tickets from stub hub only to find out at the show those tickets did not exist..Luckily my daughter and friends had cash to buy new tickets and they were actually better seats for $4 more...I'm surprised I didn't hear more about this as it happened to quite a few concert goers that day...still not sure if the friend who bought the tickets ever got a refund either...
Great piece, talented writer!
I wonder why people can't take Ayahuasca and just keep their mouths shut. Instead, there are people who just want to mainstream Her, and that shouldn't be done. Ayahuasca should be left alone in the jungle, and all the gringo businessmen who have gone down there to be self important and fill their pockets with money should be tarred and feathered and left on the trail outside of town. Forget about the morons who advertise Ayahuasca on the internet. Ayahuasca is being raped by the Western world. It can be like ten years of therapy, or it can be the worst ride to hell you've ever taken.
How does he define " a postmodern world" ?


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This LuuMa EV3 Lego device is the unstoppable AI future that humanity has feared, sort of
Meet the LuuMa EV3, the world's most insistent Lego robot. Built using Lego Mindstorms EV3 kit, this little black box looks like the most tempting, yet annoying machine on the planet. And that black exterior is all too sinister for us to trust - and rightly so. Check out the video to see what we mean.
As you can see if you try to push the button a little fella pops up to push it back in place. But it's smarter than a straight reactive push, this guy has timing. Turn your back and he'll strike. Even attempts to turn him off seem to fail.
Of course in reality when the battery dies it's game over but for the purposes of this video we love the creativity. Thanks to Jason Allemann who created the robot. He says it has six different responses for turning the switch off, as well as two evasive manoeuvres to prevent it being turned on in the first place.
It's the first step on the road to Portal style robots that will toy with us before enslaving us all. Just saying. But if you want to help in humanity's ultimate downfall you can build your own version of this bot by following the instructions on Jason's website.
Google wants you to explore the web in VR with Chrome for Android
Hasbro's Furby is now a connected toy with LCD screens for eyes
Oneadaptr Twist+ World Charging Station: One-stop global charger for MacBook,...
Experience virtual reality for just $19 with the VR Box Headset
- Google wants you to explore the web in VR with Chrome for Android
- Hasbro's Furby is now a connected toy with LCD screens for eyes
- Oneadaptr Twist+ World Charging Station: One-stop global charger for MacBook, iPad, iPhone and more
- Experience virtual reality for just $19 with the VR Box Headset
- This is that massive microSD you've been waiting for and it's a hefty 256GB
- This push-button tracker lets you call and locate your kids in real time
- Google Project Bloks: Here's how a toy system can teach kids to code
- Nissan drone can go 115mph, watch it race the 2017 Nissan GT-R
- Which Amazon Kindle is best for you? Kindle, Kindle Paperwhite, Kindle Voyage or Kindle Oasis?
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- Xiaomi Mi Notebook is actually real and, yes, it looks like a MacBook
- Best smartphones to look forward to in 2016
- Tesla autopilot death under investigation


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Venus SOF- Yearling FHS Purebred Friesian Filly- Maxwell von Donius x Sibbeltje Fan't Aldjipp (Sjaard 320), beautiful filly, medium build, refined face…$12,000
Monty is a beautiful big Friedman sport horse he just turned 4 and at no fault of his own he is just too tall/big for my dad who got him as a Christmas…$15,500
Miss Molly 7yo. 12.2HH, Bay Pony Mare. Contact Bill at 540-416-6018 https://www.youtube.com/watch?v=8Iy5CCfx5QA$3,800
6 year old, 12.1 hh black dartmoor gelding for sale. Rides and drives. Registered va bred pony and with the dartmoor association. Excellent ground manners…SOLD
Belle is a very sweet 10 hand, 7 year old Shetland pony mare who is broke to ride and drive. She has been used for pony rides at birthday parties and fund…SOLD
Super nice all around and pleasant mare. Her personality is as sweet as she rides! A wonderful addition to any barn!! This eye stopping mare is Lady…SOLD
Born February 25, 1996 in the Netherlands USA February 16, 1998 Millersburg, OH University of Delaware, Equine Studies January 23, 2003 DNA tested and…SOLD
Snazzy Jazzy 8yo, 11HH, Bay Pony Mare. Jazzy is a good honest pony with a sweet disposition. Jazzy is easy handle and work with, she looks to please…SOLD
Castle Rock, CO


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Daring Designs by Marcela Gutiérrez
Marcela Gutiérrez is a fashion designer as well as an artist. She originally studied architecture but deviated to graphic design after a few years. It was then that she realized that fashion and illustration are her true and consistent passion. She graduated as a fashion designer from the prestigious Central Saint Martins in London. She has also worked with her favorite designers Alexander McQueen and John Galliano.
Check out her website.
Tags:design, fashion, graphic, graphic design, illustration, London
About The Author
I love my dogs, reading books, and taking great pictures with my battered but still functional digital camera. Taking great pictures with a high end camera is almost too easy, producing fantastic images with an outdated one is an accomplishment by itself.
Discover More on Pondly
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- What's in a Bag - Fashionable Designs by Stella Derkzen


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Pharmacy delivery driver pocketed pain pills, police say
SALT LAKE CITY — A delivery driver for a local pharmaceutical company has been arrested for allegedly pocketing pain pills.
Zachary Kyle Wigham, 28, of Centerville, was arrested Thursday for investigation of 41 counts of drug possession and one count of misdemeanor theft.
Wigham worked for Genoa Healthcare Pharmacy, according to a Salt Lake County Jail report. After gaining access into the pharmacy, he would allegedly pocket Lortab and Tramadol pills. He did this on at least four different occasions, the report states.
While being interviewed by police, Wigham was told to get whatever pills were in his car. Inside the center console, police say he pulled out a pair of gloves. Inside the gloves were 23 Tramadol pills and 18 Lortab pills, the report states.
Overall, Wigham estimated he had taken about 60 Tramadols and 47 Lortabs, according to police.
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Top Definition
A nickname given to those who personify ugliness.
"Hey, look! it's Stan Lee's fifth cousin, Ug Lee!"
by Mr. Trivia June 25, 2007
A US Male with absolutely no fashion taste. Usually fashion choices by IT Geeks.
Your Ug-lee and your mother dresses you funny. Aw mom, this is what all the programmers wear!
by Mr. Todd November 08, 2005


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Stuck in a malaise three years on
Relevant offers
Perspective this week features a series of articles in the lead-up to the third anniversary of the February 22 earthquake on Saturday. Today, Press senior writer PHILIP MATTHEWS talks about the spirit of Christchurch three years on and a malaise in the city.
OPINION: Some days the only face you see in Cathedral Square is the giant and unchanging face of a young woman that the Australian street artist Rone painted on the exposed brick wall of a building on Worcester St late last year.
I walk past it at least twice a day, on the way into work and the way back home again, and it has become a kind of landmark in our strange, bleak central city. It is not a ruin and it is not old; it looks hopeful and it comes from somewhere else, presented to the city as a kind of gift. It is still new enough to feel unfamiliar.
Three years ago, the building that we at The Press all worked in occupied that space. If the face Rone painted had been on the wall then, we would never have seen it; it would have been hidden within the under-appreciated central city that we lost quickly and are still losing.
Another reason I like to see that face is because it reminds me that, for a few days in December, Christchurch suddenly became an unpredictable city again. You could turn a corner and see something otherwise unseen. It was like being back in 2011. The post-quake period was terrible in so many ways but there was also a rare excitement about the way that Christchurch was transformed and remade - not by the seismic event but by locals trying to make new sense of their environment in the months that followed.
A little while ago, Bruce Russell, a sound artist and thinker from Lyttelton, wrote a kind of manifesto about Christchurch after the earthquakes, informed, I guess, by the Situationist philosophers. He wrote that while the earthquakes took a lot, "they also gave us a holiday of a new kind". There were "new views, new jobs, new pastimes, new meetings, new sadness and new fun". For a time, boredom and routine were banished. Money mattered less. People shared.
I remember that we all said we wanted that spirit to last, but I don't think any of us registered the exact moment at which it disappeared. We went back to work. Some of our houses got fixed. We went from temporary to a new version of permanent and both longed for and dreaded the rest of the new permanent Christchurch that is to come. But I was reminded of that short holiday from routine when I watched Rone paint the face of his model, Teresa Oman, above the empty spot where the Press building used to be and saw other artists transform other walls around the city.
Public art isn't the only way of staging these kinds of interventions into the routines of a city, but the appearance of Michael Parekowhai's On First Looking into Chapman's Homer was another of those moments. It appeared from nowhere in the flat wastelands of Christchurch and caught the public imagination.
I'm not sure it would have had the same impact before the earthquakes. It can feel like we're stuck in a malaise three years on. The sharpness of the tragedy is now remote. The rebuild is slower than expected and the great architectural wonders we hoped to see - as a kind of compensation for our suffering - don't appear to be arriving. No one can even agree if the Christ Church Cathedral should stay or if it should go, so it just sits there for three years as the world's largest pigeon coop. Christchurch need more interventions, more breaks in the routine, more upsetting of a rebuild narrative that feels less and less inspiring as it goes on. More new faces.
- The Press
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'Moderate' earthquake rattles central New Zealand
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Wet and wild weather here to stay
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The Institute for Diversity and Ethics in Sport at the University of Central Florida released its annual report on the graduation rates of NCAA tournament basketball teams and a number of the nation's top teams were near the bottom of the list. No. 1 seed Kentucky graduated just 31 percent of its students, the sixth-lowest rate amongst the 65 teams but far ahead of Maryland, which only saw eight percent of its basketball players graduate on time. Eight! That's one player!
It wasn't all bad news though. Top programs like BYU, Duke, Marquette, Notre Dame, Villanova and Wake Forest graduated over 90 percent of players in the time period studied. Here's a quick breakdown of the findings. Note, these rates only take into account players who graduate on time:
The good (100 percent graduation rates): BYU, Marquette, Notre Dame, Utah State, Wake Forest, Wofford (average tournament seed: 8.8)
The bad (between 20 and 36 percent graduation rates): Cal, Arkansas Pine-Bluff, Washington, Tennessee, Kentucky, Baylor, New Mexico State (average tournament seed: 6.8)
The ugly (8 percent graduation rate): Maryland (No. 4 seed)
Maryland coach Gary Williams told The Washington Post that such rates are insignificant:
Obviously, those years we had players leave early and they're millionaires now, and they're coming back to get their degrees, just like other guys have come back and gotten their degrees.
He has a point. If a player has success in the NBA, hasn't the college experience worked well? And why don't late graduates count in these numbers? A degree is still a degree no matter when it's attained. Still, the fact that Williams equates academic success with money is disconcerting.
Low graduation rates are nothing to be proud of, but they're no surprise. Most big-time college basketball players have long since stopped being student-athletes. For many, it's athletics first, academics second. If you're Gary Williams, that's acceptable. If you're Arne Duncan, it's not.
Other popular Yahoo! Sports stories:
• Michael Jordan becomes majority owner of an NBA team
• College basketball's most valuable teams
• Is Tiger Woods disrespecting the game of golf?
- Arne Duncan
- college basketball


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Posted Aug. 30, 2014 at 8:59 a.m.
An experimental Ebola drug healed all 18 monkeys infected with the deadly virus in a study, boosting hopes that the treatment might help fight the outbreak raging through West Africa -- once more of it can be made....
Experimental Ebola drug heals all monkeys in study
In this photo taken Saturday, Aug. 9, 2014, health worker wearing protective clothing and equipment, out of fear for the deadly Ebola virus, sit at a desk at the Kenema Government Hospital situated in the Eastern Province in Kenema, 300 kilometers, (186 miles) from the capital city of Freetown, Sierra Leone. Over the decades, Ebola cases have been confirmed in 10 African countries, including Congo where the disease was first reported in 1976. But until this year, Ebola had never come to West Africa. (AP Photo/ Michael Duff)
An experimental Ebola drug healed all 18 monkeys infected with the deadly virus in a study, boosting hopes that the treatment might help fight the outbreak raging through West Africa -- once more of it can be made....
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Pieter Goosen
I'm living in sunny South Africa, and am proud to be an Afrikaner (No, English is not my native tongue, I'm a Boertjie). I enjoy rugby ( me and my wife are huge Lions supporters, GO LIONS !!! ), fishing, braai and any good food, good whiskey and being with my wife and kids. After all the years I am starting to learn and play guitar again and will soon be writing songs again
I float around on a few stacks in my free time at work trying to help others if I don't annoy them too much.
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Homeless Prenatal Program – Our Light, Our House event
From the group at HPP to the Community:
Thanks to everyone who helped make Our Light, Our House an unprecedented success last month! With your help, Homeless Prenatal Prevention – or HPP for short, raised over $215,000 to help break the cycle of childhood poverty. We are over the moon with gratitude for our planning committee, sponsors, silent auction donors and guests. HPP was delighted to honor both the Family Treatment Court (FTC), a collaborative drug court for parents involved in child welfare, and FTC's first graduate, Eli Parson, who is now a Case Manager at HPP!
OUR WORK GROUP has donated and volunteered with this amazing group. Their success is so gratifying. If you'd like to make a HUGE difference for a family, you can volunteer here or donate. – the editor
HONORING FATHERS! For the past few years, HPP has been offering a very successful Fatherhood Group. This weekly workshop offers a safe and comfortable space for fathers – especially those who are involved with the child welfare system – to discuss ways to become more engaged and active in their children's lives. Fatherhood Group was launched and is led by two single-fathers, both of whom successfully reunified with their children after system involvement. Learning from one another, participants develop greater confidence and comfort in addressing everything from child custody status to parenting styles and childcare. Since its launch in 2010, over 400 fathers have participated in HPP's Fatherhood Group. Happy Father's Day! If you're still thinking of a gift idea for a great dad in your life, consider making a donation in his name to benefit HPP's Fatherhood Group!
Our Light, Our House, Our Gratitude
BLOGGERS!! Want to get involved, doing what you do best?? As you may have read news journalists will be joining together on June 29th to flood media outlets with stories on homelessness. HPP looks forward to a day devoted to raising awareness and problem-solving around this important issue — and we hope you'll join the conversation by liking and sharing HPP's posts and creating your own. Be sure to like us on Facebook and/or follow us on Twitter and Instagram.


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Apple allowing promo codes for in-app purchases?
Apple is now apparently allowing developers to provide promo codes for in-app purchases, if a recent EA promotion is any indication. As pointed out by 148Apps.com, EA is offering a promo code for "10 free gold" within Real Racing 3, normally a $2 purchase. Users must visit this link to take advantage of the free gold offer. It's unclear if this is a one-time-only thing, or indicative of a new stance by Apple. A policy shift would make it easier for reviewers and others to access more in-app content.
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Home > Games & Entertainment::Action > Heli Attack 2.0
Heli Attack 2.0
The action in it most exciting form is back - Heli Attack Action!Company: Free Action Games
Platform: Win98,WinME,WinNT 3.x,WinNT 4.x,Windows2000,WinXP,Windows2003,Windows CE,WinME,W
Size: 3008 KB
Price: USD $0.00
Release Date: 2008-10-12
Screenshot URL: http://free-action-games.org/images-screen/HeliAttackAction.jpg
Category: Games & Entertainment::Action
The action in it most exciting form is back - Heli Attack Action! You are a special force soldier on a secret mission. Details of the each mission are shared with you at the start of the game. You have sufficient firepower with you and your kevlar clothes will give you some protection against enemy attacks. You are operating on your own. Your goal is to take down enemy troops without being noticed.
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Bernat Armangue, Associated Press
JERUSALEM — Former Fox TV personality Glenn Beck capped a contentious visit to Israel Wednesday with a strong call of support for the Jewish state in a rally alongside a hotly disputed holy site in Jerusalem's Old City.
The conservative commentator has won fans among Israel's far-right with his unabashedly pro-Israel, anti-Muslim rhetoric, and 2,000 people turned out to hear him speak next to the compound known to Jews as the Temple Mount and to Muslims as the Noble Sanctuary.
"What happens here does not just affect Israel. From this moment forth, it affects the future of the entire globe," he said, to a standing ovation. "The only message that I have for Israel and the Israelis is this: My friends, do not lose hope, you must not lose confidence in yourself. You must have courage. You must draw courage from the knowledge that you were led to this land by God."
Outside the Old City walls, a small group of protesters held banners saying "Glenn Beck, go home."
Beck left Fox News Channel in June after a ratings dip to launch a daily two-hour show for paying customers on his own Internet network. He is also a best-selling author and hosts a wildly popular radio show. His departure from Fox was hastened when advertisers began boycotting him after he said President Barack Obama had a "deep-seated hatred for white people."
Beck, who is Mormon, also got into trouble for describing George Soros, the liberal billionaire financier who survived the Holocaust, as a "Jewish boy helping send the Jews to the death camps."
His speech Wednesday marked the final leg of his "Restoring Courage" tour of the Holy Land.
Israeli religious figures and left-wing politicians came together in an unusual alliance to appeal to Israelis to shun his embrace. Religious Jews worried that he came to spread the Christian gospel, while dovish Israelis rejected Beck's support for West Bank Jewish settlements and his criticism of peace efforts.
"It is embarrassing that the government of Israel and the city of Jerusalem is identifying with a character like this and giving him a warm embrace," said Etai Mizrav, an activist from the Peace Now organization. "He expresses racist and anti-Semitic sentiments in the guise of affection for Israel."
Peace Now launched a Facebook page entitled "Glenn Beck Stay Home" that has attracted more than 1,200 followers and released a video that included comments from Beck in which he compared the victims of a recent shooting attack in Norway to Hitler Youth and suggested that Israelis protesting the country's high cost of living were linked to Islamist groups.
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text:
From the early days of the 1980s with the invention of the Trail timer model, the technology has dramatically been developed. Instead of a very small storage, less modern equipments and lower exact level, scouting cameras have been rapidly updated and unceasingly improved until now. On the contrary, with the hunting cameras at this time, many years ago, all of hunters used these kinds of equipment to assist them discover the exact location deer inhabit, trails, scrapes and the food that maybe are interested them much.
In comparison with the other side of using the scouting cameras, a plenty of current researchers have come with these equipments with the aim of, neither any purpose of hunting deer for meat nor the special hobbies, the deer management. With the population density, humans are taking much more care than ever on protecting these kinds of animals, which receives a lot of approval all over the world. In addition, the deer management is spreading in the scientific community including hunters and landowners. When the price of these scouting cameras has become lower, a handful of users is utilized multiple cameras in order to enhance management techniques on their land.
So, please consider some following reasons explaining the contribution of scouting cameras to the quality of deer management.
Deer managers will be more patient.
For the very first reason, it's clearly said that including the mature buck in these hunting areas in the scouting cameras will play a major role to help hunters to be:
- More patient to wait suitable chances for controlling and managing deer in a larger number.
- More excellent for the exact assessment and guess.
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As a result, in the hunting dimension, hunters will have a very good and fresh mind to forecast what is going to happen in their hunt, motivate them to make more exact decisions or even give in-time solutions. However, in the side of deer management, being patient is very important in the process of deer management. [Read more…]


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I received a request for a photo of the grave of Helen Comfort. The cemetery is in Ontario and I am in southern New York so it is a little too far for a quick day trip. I do go to Canada in the summer so if your request has not been filled by July I will see what I can do. Just didn't want you waiting for nothing.
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Thank you SO much for this photo, Ms. Beauchamp! Anna Niemeyer is my Great Great Grandmother and I haven't been able to get to Cincinnati to visit her grave.
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Thank you so much Alicia! If you ever need a photo around here I will be more than happy to help! Sincerely,
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