text:
He put on one helluva show, and in the middle he played an all-mahogany Mira. Dude can play it, too.
He put on one helluva show, and in the middle he played an all-mahogany Mira. Dude can play it, too.
Last edited by 11top; 08-24-2013 at 11:17 PM.
Sh*tter's full
It's good to see a real player can make it as a longterm star in modern country music. Good to know about the Mira too, that kicks ass!
We thought of going back for that show. He is a great performer.
PRS CE 22 Whale Blue / PRS DC3 Vintage Burst / PRS SE Custom 24 Whale Blue / Fender American Special Stratocaster / Fender Telecaster Thinline Deluxe / Epiphone Les Paul Standard Plus Top Pro / Epiphone ES-339 Pro / Ovation Legend 2077 AX / Fender Super Champ X2 / Fender Acoustasonic 100
Keith IS a great player. I've seen him many times here. In some of the clubs they would mix in Yes tunes to his tunes! Crazy talented guys in the band. Also seen him do a killer version of The Devil went down to Georgia. He nailed the fiddle parts on gtr!!
Chris Reynolds...Nashvegas TN
CR Guitar Demos
#1 fan of Doug "DA MAN" Sewell!!
Way cool about Keith playing a Mira. He seems to enjoy LP Jrs, so I guess it's not much of a stretch that he'd get some mileage out of the Mira platform. Thanks for posting the photo.
Would love to see him live. Seems like a real nice, fun dude too.
-I'm no expert, but it seems to work and I haven't electrocuted myself yet. Which is pretty much the standard I live by.
S2 Custom 22 Semi-Hollow - SE Akesson+57/08's - Mira X - SE Custom 24 25th Anniversary - SE 30 Head/Cab
he is just fabulous!@#
Saw Keith Urban last night at MSG and he is one superb player! And I was so pleased to see him using the 25th anniversary Mira with P90's for around 20 minutes. I own one of these and have not ever seen one in use before except by me and always felt it was a sleeping gem. Great neck, great feel, flawless intonation, good touch and feel but I do feel the P90's are sounding a lot brighter than on my older P90 guitars line Les Paul junior. Considering swapping them for something else like maybe Lollars - anybody have a suggestion? Want a fat and warm sound.
I was jonesing for one of those in the worst way for the last year or so, but just couldn't find one at a good time for me to buy. A few weeks ago I ran across a used Epiphone DC LP w/P90's, all hog in cherry red, made in the early 90's. Super cool axe, fairly rare too, has quenched the GAS for now, but I still wouldn't mind grabbing a 25th Mira down the road. The neck on the Epi is just a bit weak, to where too much push or pull when playing throws it ever so slightly off tune. Never had a P90 guitar before, but they are a sweet pickup when a little gain is added.
-I'm no expert, but it seems to work and I haven't electrocuted myself yet. Which is pretty much the standard I live by.
S2 Custom 22 Semi-Hollow - SE Akesson+57/08's - Mira X - SE Custom 24 25th Anniversary - SE 30 Head/Cab
Congrats. I've never seen him live but I'd love to if I ever get the chance. (Likewise for Brad Paisley, who I usually think of with Keith for whatever reason... Because they're both country guys I suppose.) Both serious players and MAJOR gearheads, which is cool in my book.
Goldtop Lloyd
'No... Look away... I'm hideous!' - Cosmo Kramer


text:
Warren De La Salle running back Sam Badalamenti breaks a tackle and heads upfield against Dearborn Fordson on Oct. 4, 2013.
- Filed Under
Warren De La Salle announced today that it will play its home football games this season at Wayne State University.
The Pilots' first home game is Sept. 5 vs. Clarke Road Secondary Academy of London, Ontario.
De La Salle athletic director Brian Kelly said in a released statement that WSU has "a premiere NCAA Division II field. Our football players, as well as those of the visiting teams, will be able to play in a big-game atmosphere on one of the finest campuses in the state. To my knowledge, we will be the only high school team in Michigan to play its home games in an NCAA stadium. ...

subset: commoncrawl


text:
Roundup: 4/12
Check out the postgame here.
Kareem Maddux was named the British Basketball League's Player of the Month for November.
T.J. Bray made the Ivy League's Week 5 Honor Roll.
The Trentonian's Full-Court Press blog is back and improved. We'll keep you updated on everything you need to know about Rider and Princeton hoops as well as the college basketball landscape.
Tuesday, December 4, 2012
2 Comments:
I'm impressed, I must say. Really rarely do I encounter a blog that's both educative and entertaining, and let me tell you, you have hit the nail on the head. Your idea is outstanding; the issue is something that not enough people are speaking intelligently about. I am very happy that I stumbled across this in my search for something relating to this.
[url=http://cheapjordans2013.fast-page.org/]cheap jordans free shipping[/url]
[url=http://louisvuittonhandbags8.is-best.net/]cheap lv bags[/url]
Thanks for the marvelous posting! I genuinely enjoyed reading it,
you may be a great author.I will be sure to bookmark your blog and will often
come back sometime soon. I want to encourage one to continue your great work, have
a nice holiday weekend!
My web site http://www.daily-wet-tshirt.com
Subscribe to Post Comments [Atom]


text:
This post contains references to products from one or more of our advertisers. We may receive compensation when you click on links to those products. For an explanation of our Advertising Policy, visit this page.
Just because summer is about to blossom in the US doesn't mean it's warm everywhere. If you missed out on your winter ski trip this year because of crazy conditions across much of North America, you could get a second chance to experience the snow on some Andean ski runs in South America later this summer winter. That's why for this Destination of the Week, we're heading to Chile to visit Santiago and the slopes of the nearby Valle Nevado ski resort.
Bordered by the snow-fringed Andes, and meandering along the trickily Mapocho River, Santiago isn't quite the popular tourist destination that Buenos Aires or Rio de Janeiro are, but it has the advantage of being close to Chile's major ski resorts as well as its world-class wine regions.
Plus, with a population of over 6 million people and a history that dates back to 1541, Santiago is a bustling international destination with a burgeoning restaurant scene, and trendy nightlife, and it's quite affordable for American travelers.
Even with just a day or two before heading to other points of interest, you can cover a lot of ground in the city. Start at the central Plaza de Armas, where Santiago was originally founded by Pedro de Valdivia, and where you'll find some of Santiago's most important historical buildings. The imposing Cathedral was built in the late 1700's, but the real attraction here is the gigantic, ornate altar made of bronze, marble and lapis lazuli that was constructed in Munich in 1912. Along the western side of the Plaza is the National Historical Museum, which provides a detailed look at the history of Chile from the colonial period to the present.
Radiating out from the Plaza are Paseo Ahumada and Paseo Huérfanos, two pedestrianized streets with tons of arcade shops and restaurants, including some of Santiago's notorious "Coffee With Legs" cafes where your waitress will be prancing about in a revealing mini-dress.
Also in the centro are the Plaza de la Constitución and the Palacio de la Moneda, the old Mint, where you can catch the changing of the guard every other day at 10am. Across the busy Alameda boulevard is the resting place of Chile's liberator and first president, Bernardo O'Higgins.
Take a stroll through the nearby Barrio Paris-Londres, which is an architectural oddity of streets designed in a 19th-century European style. Just west of it on the Alameda is the San Francisco Church and Convent Museum, which was built in the early 17th century and is the oldest standing building in Santiago, having survived several earthquakes and fires throughout the centuries. Farther west along the Alameda, you come to Cerro Santa Lucia park where the views of the city and the Andes are incomparable.
At the monolithic Gabriela Mistral Cultural Center (GAM for short) you can check out contemporary art exhibitions and live performances housed in what used to be the military junta's headquarters in the artsy Lastarria neighborhood, and then head to Vitacura's Fashion Museum where you can check out sartorial treasures like Margot Fonteyn's tutu, and Madonna's conical bra.
The Mercado Central, though touristy, is definitely worth a stop to ogle the oceanic bounty of Chile's 3000-mile coastline. You can also grab a delicious if overpriced seafood lunch at the famous Donde Augusto in this wrought-iron architectural oddity that was built in 1872.
After lunch, head to the Parque Metropolitano and the Cerro San Cristobal Funicular north of Bellavista. For less than $2, you can make the steep climb up to the city's highest point, where you will find a huge statue of the Virgin of the Immaculate Conception reminiscent of Rio's Sugarloaf Mountain.
Just around the corner from the park entrance is La Chascona, the ship-shaped house that Nobel Prize-winning poet Pablo Neruda built for his third and final wife, Matilda Urratia.
Bellavista is kind of like the Montmartre of Santiago, tucked into the wooded slopes of Cerro San Cristobal, its quaint streets lined with vendors and cafes where the young people of the city gather in the evenings to share drinks, cigarettes, and friendly conversation. It is also home to Santiago's new culinary scene, and restaurants like the perennially popular Etniko, one of the hottest spots in town, is always filled with a well-heeled crowd enjoying the Chilean-skewed sushi menu.
Though much of the centro is quiet at night, Opera & Catedral are always frequented by a chic crowd. For something more refined and gourmet, Astrid Y Gastón in Providencia has some of the best food in Santiago courtesy of Peruvian super-chef Gaston Acurio.
Cosmopolitan and vibrant, Santiago is one of South America's hidden gems.
Destination of the Week pieces are not meant to be comprehensive guides to destinations since we don't have the time or funds to visit all these places in person and report back to you. Nor are they endorsements of all the hotels we mention. They are simply roundups of top destinations that we have specifically pinpointed for the opportunity they present to use your miles and points to get to and stay there. As always, we welcome your comments to help enrich the content here, provide opinions and first-hand experiences of these destinations.
The main airport in Santiago is Arturo Merino Benítez International Airport. Delta flies here from Atlanta, American flies non-stop to Dallas/Forth Worth and Miami, and LAN offers direct service to New York-JFK, Los Angeles, San Francisco and Miami.
Using British Airways Avios may be a good option since both American and LAN fly here. They require 25,000 Avios each way from either New York-JFK or Miami, or 30,000 Avios from Los Angeles for coach, since British Airways awards are distance-based. When booking American awards using Avios, any MileSAAver awards can be booked using British Airways Avios – you just have to call BA if the trip has multiple stops.
Also, while you are in Santiago, it's about a 5-hour flight to Easter Island and it's only 12,500 Avios miles each way which is a great deal since tickets on these flights can be extremely expensive (sometimes as much as the flight down to South America from the US).
Radisson Plaza Santiago Hotel: Located in Las Condes, this hotel has 159 guest rooms, which offer free wireless internet access. Guests have full access to the full service health club with indoor pool, sauna, and fitness center as well as a complimentary breakfast buffet. The hotel's main restaurant is The Brick which serves breakfast, lunch, and dinner. Rates in June start at $219 per night or 44,000 Goldpoints per night. Remember to sign up for the 50,000 point Radission promo.
There is also the brand new avant-garde Radisson Petra la Dehesa Hotel with 105 guestrooms and a free breakfast buffet. This hotel also requires 44,000 Goldpoints per night.
Ritz-Carlton Santiago: Located in El Golf, this hotel has 205 guest rooms including 49 Club Level rooms and 16 suites. Most of the guestrooms offer mountain views and all have 37-inch plasma televisions, plush bedding, and high-speed internet access. There is a health and fitness center overlooking the Andes as well as an indoor pool and Jacuzzi. The property has four restaurants and lounges on-site including Estro for upscale Chilean cuisine. Rates in June start at $279 per night, and this is a Ritz-Carlton Tier 2 property requiring 40,000 points for a free night. This hotel is also part of the Fine Hotels and Resorts exclusive for American Express Platinum Card members, where cardholders are eligible for a room upgrade, inclusive continental breakfast, 4pm late check out and a $100 spa credit per stay.
Santiago Marriott Hotel: This hotel is located in the Las Condes business district. Rates in June begin at $219 a night. This is a Marriott Category 5 property, and requires 25,000 Marriott Rewards Points (20,000 with PointSavers) for a free-night redemption. Note: The hotel lobby, reception and banquet areas will be under renovation from May 1, 2012, through July 31, 2012, and guests can expect noise from 8am to 6pm weekdays during this time.
Grand Hyatt Santiago: This hotel is located in the business district of Las Condes. The hotel has 310 guest rooms and suites as well as the Grand Club which serves complimentary breakfast, all-day tea and coffee service, and evening cocktails to Club level guest as well as Hyatt Diamond members. The hotel has a lagoon-style swimming pool with waterfall, tennis courts, as well as the AKO Wellness and Spa. There are several golf courses close to this property as well. The hotel has several dining options including Anakena, which serves Thai cuisine and Matsuri, which specializes in Japanese. The lowest rate we could find in June was $235 for a Grand Deluxe King. This is only a Category 2 hotel, so free night redemptions require 8,000 Gold Passport points for standard rooms and 12,000 for suites, which is a great deal. This hotel is also part of the Fine Hotels and Resorts exclusive for American Express Platinum Card members, where cardholders are eligible for a room upgrade, inclusive continental breakfast, 4pm late check out and two 50-minute massages in the spa.
Priority Club
InterContinental Santiago Hotel & Convention Center: This 377-room hotel is located in the El Golf district, which is said to be the heart of the financial, commercial and gastronomic areas of the city. The hotel also has an executive floor where guest have access to the Club Tower Guest Lounge. The hotel has an on-site health and fitness center as well as spa and indoor swimming pool. There are four restaurants on site including 2920 Grill specializing in seafood and steak and the Pasta e Basta restaruant which serves contemporary Italian cuisine. Rates in June start at $159 per night or 30,000 Priority Club points.
W Santiago: Also situated in the El Golf district of Santiago, this towering hotel has 196 guest rooms and suites in addition to private residences. The rooms feature Chilean design but with modern touches such as 42-inch LCDS TVs, iPod docking stations, high-speed internet access and peekaboo bathrooms. Guests have access to the O2 Balance and Wellness Club as well as the heated rooftop swimming pool. The hotel's restaurants and bars include Osaka, Noso, Terraza, and Whiskey Blue, one of the city's hottest bars. Rates in June start at $259 per night or 12,000 Starpoints per night since this is a Category 5 hotel.
Other Starwood options include the Luxury Collection's San Cristobal Tower which is located near the Providencia business district. It has 139 guestrooms and requires 12,000 Starpoints per night since it is a Category 5 hotel.
Another option is the Sheraton Santiago Hotel and Convention Center which has 379 guestrooms a new club lounge. This is an SPG Category 3 hotel requiring 7,000 Starpoints per night. There is also the Four Points by Sheraton Santiago which is also in SPG Category 3 requiring 7,000 Starpoints per night.
Valle Nevado Resort
Valle Nevado: This ski resort is popular with both international visitors and Chileans alike since it is conveniently located just 54 kilometers (33 miles) from Santiago and has three on-site hotels. There is the Hotel Valle Nevado which was recently renovated in 2010 and offers ski-in/ski-out access as well as in-room WiFi. There is a fitness center, spa, day care facilities as well as a brand-new bar to relax at after a long day on the slopes. The Hotel Puerta del Sol was renovated in 2009 and has an outdoor heated pool, and a buffet-style restaurant, Mirador del Plomo. The most economical option is the Hotel Tres Puntas which has rooms that can accommodate up to 6 people. This affordable option is only a two-minute walk to the slopes. Though you can make a day-trip here from the city, consider spending a couple nights of your trip if you really want to get some skiing in.
And just in case you want to try a couple different areas, you can also consider heading 100 miles or so northwest of Santiago near the Argentine border to the oldest ski resort in South America, Portillo, though beware, they've already postponed the start of the ski season by a week, so be sure to check on conditions before you reserve.


text:
Dallas man is the last Aryan Brotherhood of Texas defendant to plead guilty in large federal racketeering case
A Dallas man was the final defendant to plead guilty in a large federal racketeering case in Houston against 36 members of the Aryan Brotherhood of Texas prison gang responsible for killings and mayhem across the state.
Rusty Eugene Duke, a high-ranking member, pleaded guilty Wednesday to one count of conspiracy to participate in racketeering activity, officials said.
Duke gave a subordinate a gun in 2011 and ordered him to kill a man suspected of stealing drugs from the gang, court records said. He is scheduled to be sentenced on Oct. 29.
Federal authorities dismantled the gang's leadership, convicting five generals and other high-ranking members, during the six-year effort. Those who were convicted were involved in murders, kidnappings, brutal beatings, fire bombings and drug trafficking, authorities said.
Overall, a total of 73 gang members and associates have been convicted in Texas and Oklahoma during the crack-down.
"The Aryan Brotherhood of Texas launched its murderous and racist ideology within the Texas prisons, but unleashed a violent crime wave that jumped the prison walls and spread like a virus," said Assistant Attorney General Leslie R. Caldwell of the Justice Department's Criminal Division.
U.S. Immigration and Customs Enforcement's Homeland Security Investigations office in Dallas took part in the multi-agency operation.
David M. Marwell, special agent in charge of HSI's Dallas office, said such joint investigations are effective.
"They keep these violent criminal gangs looking over their shoulders," he said. "They keep these gangs operating from the outside fringe of society from the back alleys."


text:
Donations coming in for pig attacked by dogs
Pua's bills will easily reach $6,000
A 200-pound Vietnamese pot-bellied pig is recovering after being brutally attacked by pig hunting dogs in May.
Her family has turned to total strangers for help.
Arna Johnson was working inside her Kahaluu home one evening in May when the silence was shattered.
"All of a sudden just out of the blue, we heard this blood-curdling scream," said Johnson. "We heard it was Pua so we ran outside, ran here to the lanai, looked down. There was a dog attacking at her neck and there was a dog attacking her from her rear."
Johnson pulled off the dogs, tied them up, then turned to her pet pig who was ripped open.
Veterinarian Eric Pearson performed surgery right on the lanai -- it took 100 stitches to close up the wounds.
Three months later, Dr. Pearson arrives to give Pua a shot of antibiotics.
Pua will need several more shots. Veterinarian bills will easily reach $6,000. The hunter who owned the dogs isn't helping.
"He said he would pay for the vet bill, but since has declined so we decided to take the matter into our own hands and fundraise," said Johnson.
They turned to an online fundraising website called GoFundMe.com and they started receiving donations right away from all over the world.
Johnson is hoping to raise money to cover the vet bills and to finish building a pen where Pua can be safe.
"I know it's not the dog's fault. It's like where the owners choose to take them. These hunting dogs are unable to discern cat, dog, horse, bull," said Johnson.
Johnson said the pig hunter was poaching on private property. She is hoping the Department of Land and Natural Resources will develop rules making public areas safe while designating boundaries for hunting that hunters will stay within.
If you'd like to make a donation to Pua, click here.
Copyright 2012 by KITV All rights reserved. This material may not be published, broadcast, rewritten or redistributed.


text:
Do you really need to contribute to their $22 billion in revenues?
10 Ways to Save on Public Storage
by Brandon Ballenger
Related Articles
Storage Units
Storage Woes
Cheaper Storage
Americans buy and keep a lot of stuff. That's made self-storage a $22 billion industry, according to its major trade group, the Self Storage Association.
Most of us have seen them dotting the landscape. According to the SSA, 84 percent of all U.S. counties have at least one self-storage facility. It's been "one of the fastest-growing sectors" of the commercial real estate industry for the past 35 years, the group says and 10 percent of Americans rent them.
Some of us, of course, shouldn't be using them. In the video below, Money Talks News founder Stacy Johnson shares his story of spending more than $18,000 in the past decade to store stuff worth only a fraction of that amount. He has some tips in the video: Watch it, then read on for more tips.
Hopefully that video convinced some of you packrats to take a long, hard look at what's going in your storage unit. Here's more advice to save:
- Get more organized. It's true that time is money, and going through all your stuff is a chore. But do you want to be paying rent on junk you're never going to use again because you were too lazy to sort it out? Take a weekend and cull out the clutter. You'll feel better and save money. Hint: If you haven't touched it in more than a year or forgot you even own it, odds are you don't need it.
- Sell or donate stuff. If you've got a lot of property in good condition that you no longer need, maybe a "self-storage sale" (in your yard or garage, of course) is in order. Too much bother? Donate goods to charity for a tax deduction. Either option will help partially recoup the costs of storing the stuff you do keep.
- Weigh replacement cost. Some people keep everything, thinking, "I might need this someday," while others get so eager they toss or sell stuff (especially furniture, which does take up a lot of space) they'll end up buying again. Be realistic, because either mistake can be costly.
- Rent the smallest space you need. Storage units usually start at 5 by 5 feet and can be 8 feet or more tall. Practice your real-life Tetris skills and see what fits in there. You can always upgrade if you need to. If you're looking at long-term storage, you also don't need to leave space to be able to access and reach everything, so pack tight. Put the stuff you'll need to pull out soonest at the front.
- Store with friends or family. If you know someone with extra garage space, ask if they'll share. They might be more receptive to the idea if you offer to pay a few bucks a month, which is still cheaper than the commercial option. Better yet, maybe you have something they can borrow and use until you have space to reclaim it.
- Compare vs. apartments. Sometimes, storage space does make the most financial sense. If you have to upgrade to an apartment with another bedroom to store stuff you really need, $50 a month for storage space may beat $200 a month extra in rent. But if you're living in a condo or townhouse with a homeowner's association, ask if they have storage space for rent; it might be cheaper than public storage units.
- Haggle. The recession hasn't exactly ravaged the self-storage industry. According to this article in the New York Times, occupancies at storage facilities nationwide are down 2 to 3 percent. Still, with occupancies down, your odds of negotiating a better deal are higher. Compare rates and pit them against each other. Start with SelfStorage.com, where you can search by zip code for prices.
- Check discounts. Some storage companies offer "move-in" specials with discounted rates or maybe a month free. There may be discounts for seniors, and SSA-affiliated storage companies are offering military perks, including "10%-30% discounts off rental rates, free months of rent, gift certificates, free use of moving truck, one-dollar move-ins, no rent increases while deployed overseas, waiver of security deposits, administration fees, etc."
- Buy your own. If you're considering renting storage space, you're going to have to buy at least a padlock anyway. While you're shopping for one, check the price for other self-storage options. You may be able to fit everything in your garage by buying a few shelving units and plastic bins, or a stand-alone shed. These items may cost more than a couple of months of renting, but save money in the long term.
- Buy less stuff. The best way to reduce future storage costs is to own less. That sounds obvious, but most of us are a lot better at buying goods than losing them. Be a minimalist, not a hoarder. Your house will look better, you'll feel better, and your bank account will thank you for it.
Ready to clear out your clutter? Make some money with 13 Tips for a Super Yard Sale.
Like this article? Sign up for MoneyTalksNews email updates and they'll send you a regular digest of their newest stories, full of money saving tips and advice, free! They'll also email you a PDF of Stacy Johnson's '205 Ways to Save Money' as soon as you've subscribed. It's full of great tips that'll help you save a ton of extra cash. It doesn't cost a dime, so why wait? Click here to sign up now.
Share your thoughts about this article with the editor: Click Here
Also in Home
- 6 cheap, effective home security solutions
- 5 simple and affordable luxuries for your home
- 5 frugal ways to expand your living space
- Top 10 DIY mistakes made by home 'handymen'
- Tha basics of financing a home improvement project
- 4 secrets to budgeting for a home purchase
- Winter energy saving ideas for renters
- How to control carpenter ants
- 3 things you need to know about free firewood
- Essential fall home repairs
- Fill your home with things that you love
- Organize your garage
Helpful Resources
- Find the best mortgage rates in your area
- 3 ways to use a mortgage calculator
- Mortgage calculator: Calculate your payment and more
- Home equity calculator: HELOC vs. line of credit
- Should I borrow from my home equity?
- How much can additional payments save me on my mortgage?
- Who offers the most home insurance discounts?


text:
ExpensivePosted on 06 / 28 / 2013
Have been there once recently and tried their "vegan spring " special. the portions have been ok and the food too, the dessert was delicious! i expected more for the price.
also just one waiter, so we had to wait always min. 20 min. for our food and drinks.
Cons: waiting time, price


text:
Each AutoTrader Classics vehicle listing is assigned a Classic Car ID to let you quickly return to cars you like.
You can compare up to 3 cars
Phoenix, AZ
Gray; 4 Cylinder; 147000 miles
Bay Window, Type I VW Bus, Last year of the Type I engine but first year with disc brakes. This classic b...More Info
Private Seller


text:
La Sal Mountains > Castleton Tower > Climber's Log
Castleton Tower Climber's Log
[ Sign the Climber's Log ]
|Route Climbed: Kor-Ingalls Date Climbed: December 25, 2004
|Shirley and I climbed this on a cold Christmas Day. Parked at 2nd parking lot (by mistake). Lost the approach trail below 1st cliff band but found a straightforward route thru. it. Second cliff band involved ~10 feet of low 5th climbing on good rock. Route itself is fun. P2 was the crux for me due to its sustained nature. P3 is not that bad due to the nice rest stances. Used 1 #4 Big Bro on P3 and was quite happy to have it. #5 Camalot is useless IMHO. #3.5-4 Camalots and #5 Friend very useful for P2. I thought that the summit makes this a NA Classic (not so much the OW moves on the rotue :) - the views are amazing. Could not find summit register. Saw two bivy shelters (and a rock shoe) on the spacious summit plateau. This was another classic climb where we did not encounter a single soul the whole day. Our dog waited this one out in the truck at the TH (overheating was NOT an issue on a day where temps. in the shade never broke above freezing). This was also our last route of 2004 (great way to end it!).
|Posted Jan 6, 2005 5:29 pm
|Route Climbed: North Chimney Date Climbed: May 2003
|Great route! Went as a party of 3. Initial cracks were stellar, chimney was fun, and last bit of face was sweet. Were the last party to leave the summit and then came the epic descent. At the end of the first rappel, one rope swung out of sight with a knot in the end. Ended up leaving most of that rope swinging in the wind, rapping on a 50 m. Got back to camp around 9:00. Poured out our friends fire with precious beer when the wind shipped up. Wind died immediately, and we went to eat. Needless to say, they were a bit angry.
|Posted Aug 16, 2004 2:43 pm
|Route Climbed: North Chimney, Kor-Ingalls Date Climbed: May 2002, April 17, 2005
|The calcite on the first pitch has to be one of the coolest features of climbing Castleton. Best pro in the desert, as I see it. Wonderful route, very worthwhile summit and exhilirating rappel. Getting the clip on the bolt that begins the second pitch is scary. A number 8 camalot would really protect the crack well!! We went back in April 2005 for the Kor-Ingalls. What a workout. Very heady on the third pitch, but a great feature. Colby should get away from the classics (twice, no less!!) and try some obscure routes in the desert:-).
|Posted Sep 11, 2003 2:50 pm
|Route Climbed: Kor-Ingals Date Climbed: June 1991
|Awesome exposure rappelling off the top. The third pitch is very run-out unless fixed protection has been added since 1991.
|Posted May 28, 2003 7:03 pm
|Route Climbed: Kor Ingalls Date Climbed: april 20, 2003
|coundn't have picked a better day for the climb, the weather was perfect. the route was about what was expected, fun and somewhat demanding at the same time. the calcite deposits do make for some tricky/unconventional moves.
|Posted Apr 30, 2003 11:27 am
|Route Climbed: Kor Ingalls Date Climbed: March 2003
|A fun route, yes with some wide and slippery chimney and offwidth sections.
|Posted Apr 24, 2003 8:41 am
|Route Climbed: Kor Ingalls Date Climbed: August 1996
|I climbed the Kor-Ingal together with my wife Rike and our Friend Klaus "Alaska" Irmler during our 8-week trip at the western US in 1996. Great landscape, great climb ! The crux is demanding for most european climbers.
|Posted Mar 23, 2003 9:59 pm


text:
is that a new game..?hmmm..i'm sorry i haven't heard of that game before.. ^^,
I think I'm gonna stop playing this game for a bit, 3 games in a row I've been stuck with the most absolutely stupid people ever. First game was a xilean that took mid and then fed panth (in mid) 3 kills in the first 8 mins of the game, panth then proceeded to steamroll where he wanted. The next game we had a sona that had absolutely no AP on her at all at lvl 18 her heal was only doing something like 250 which is useless and she did no damage to their squishies. The third game we get stuck with a yi that rushes a warmong's (yes I know biggest tard ever) and didn't get any ad items till we lost our middle inhibitor (about 35 mins into the game) and then he proceeded to give me shit because I opted to get a mejai's and guinsoo's before my rylai's. I really can't stand stupid people and I think this game is gonna drive me bat shit insane if I keep playing it.
So I ragequit HoN for a while. Gonna wait for next patch then restart. For the mean time I downloaded LoL...again(can't count how many times). Anyway. What are these rune thingies everyone is talking? And which ones to get? I kinda dig Pantheon now. Reminds me of Pebbles/Magmus.
oh and wtb premade team. Solo already pissed me off.
Just got kennen, any tips on playing him good?
Hey Ya!
Pantheon is really nice. We were losing hard, lost 2 hubs, but somehow came back and won the game.
Note: We had taken down only 1 tower :/
Pantheon seems pretty game changing. Finished with 19/2/X(forgot lol)


text:
Freitag Reference
'bradwell blue' purse
Out of stock
Unfortunately this item is out of stock
Sapphire 'bradwell blue' purse from Freitag Reference featuring a top zip fastening, a wrist strap, an outside pocket with a concealed button fastening and a branded plaque, fabric lining and an internal zip pocket with a fabric brand patch.
Item ID: 10227017
- Measurements:
- width: 20 centimetres, height: 11.5 centimetres, depth: 4 centimetres, handle: 11 centimetres
- Height:
- 186
- Bust/Chest (cm):
- 90
- Waist (cm):
- 77
- Hips (cm):
- 91
- Model is wearing size:
Models Measurements
- Composition
- Recycled Plastic 100%
- Brand Style ID
Your order will be shipped directly from the boutique to you. Farfetch ships worldwide using DHL and UPS, and you will be able to track your order at any time. The cost of shipping your order will be calculated at the checkout.
Import duties information
Delivery duties are included in the item price when shipping to all EU countries plus USA, China, Canada, Switzerland, Singapore, Australia, Japan, South Korea, Kuwait, Qatar, U.A.E, Saudi Arabia and Taiwan.This means all import duties are included in your order, so the price you see is the price you pay. You will not receive an additional duty bill from the courier to receive your shipment. If you are ordering from within your own customs zone or country, import duties will not be applicable anyway, however you may have to pay VAT or local Sales Taxes where applicable (for the UK and USA these are included at the checkout).
Delivery duties are not included in the item price when shipping to all other countries. This means you may be liable to pay import duties on receipt of your order.
Free returns pick-up
You have 14 days from receiving your order to return the item to the boutique using our free returns pick-up service. We strongly recommend that you book your free returns pick-up within 7 days of receiving your order to ensure that it arrives back to the boutique in time. Please note for standard orders we can only collect returns from the same country to which your order was delivered. For click and collect orders we can collect your return from the country your order was delivered to and also the country of the original boutique you ordered from. We are unable to accept returns of earrings for hygiene reasons. We are also unable to accept returns of fine Jewellery. Click here to read our full returns policy.


text:
Cambridge - England Stacking Chair
Available in Multiple Finishes
Step 1: Choose Chair Type
Step 2: Choose Seat Color Grade Grade 1, Grade 2, Grade 3, Grade 4
Step 3: Choose Finish
Step 4: Choose Wooden Frame Finish Click to View Different Finishes
$264.34 - $329.72
No Sales Tax, Except CT
Product Reviews
The England Stacking Chairs by Cambridge are made from solid European Beech Hardwood and feature an upholstered seat and back made of eight plys for a finished thickness of 7/16". The chairs are assembled with dowels that are connected with metal to metal hardware with tongue and groove corner blocks that reinforce each corner. The cushion foam on the seat is 1-1/2" thick on seat and 1 1/8� thick on back. Available in Natural and Oak finishes, the chair comes in over 100 fabrics to coordinate with any décor. These stacking chairs also have a seat and back that are removable for easy repair and re-upholstery. Custom options are available. The chair ships via UPS.
(W = side to side) (D = front to back) (H = top to bottom)
Overall : 22" W x 24" D x 34" H
Seat: 19 1/4" W x 19" D x 18" H
Weight: Arm Chair - 18 lbs; Side Chair - 15 lbs
Ship Method:


text:
Big Idea: Alumnus Tackles Gulf Coast Disaster
It is virtually impossible to grasp the devastating consequences caused by the BP oil spill on April 20. Government and independent scientists now estimate the well emits between 35,000 and 60,000 barrels of oil a day. Numbers like these are unfathomable, perhaps even unimaginable, and the cleanup involved will take years, possibly decades. Or even longer.
|Kelly Machleit | email@example.com | (619) 260-4681


text:
The classic solitaire is renewed with this lovely split-shank setting. The smooth band parts at the shoulders and four graceful prongs curve up to support and secure the center gem in a low profile basket setting.
Platinum Unity Ring
18K White Gold Unity Ring
18K Yellow Gold Unity Ring
18K White Gold Unity Ring
Estimated delivery when ordered by 2 PM PT monday:
delivery by: Mon, Oct 26
Note: This setting is available only with purchase of a diamond
At our San Francisco design studio, creativity and artistic inspiration combine with extensive jewelry expertise. The result is exquisite jewelry that's impeccably made to create future heirlooms.learn more
We guarantee that our diamonds are untouched by all human rights abuses, which goes above and beyond the industry standard.
Ethical origin diamonds promote long term economic development by investing in education and health care.
All of our diamonds are mined under strict international environmental standards to protect local ecosystems.


text:
NASHVILLE, Tenn. – The Kentucky football team had its first practice in Nashville on Thursday as the Wildcats prepare to play Florida State in the Gaylord Hotels Music City Bowl.
The Wildcats worked out for two hours, 15 minutes in full pads. Temperatures were in the upper 40s and cloudy skies threatened rain, but held off from precipitation.
Coach Rich Brooks reported that sophomore cornerback Paul Warford (Richmond, Ky.), who missed practices last week because of a shoulder injury, was able to practice today and is now expected to play on Monday. Senior wide receiver Keenan Burton (Louisville, Ky.), who is considered doubtful to play because of recurring swelling in his knee, did some running at practice. Brooks said that Burton's status would be re-evaluated on Friday when it is seen how the knee reacted to the running.
After practice, Brooks was asked about returning to the same bowl two years in a row.
"This is a quality bowl," Brooks said. "We're playing quality opponents in Clemson and now Florida State. It's in a really nice city and we had the first sellout (of LP Field last season). Our fans loved it. It sold out within 24 hours of them announcing we were coming this year, so our fans are excited to be back here, our team is excited."
The team will attend the official welcome party on Thursday night. Friday's schedule includes the Fellowship of Christian Athletes breakfast and practice in the afternoon. The game will be played on Monday, Dec. 31, at 4 p.m. EST (3 p.m. CST in Nashville) at LP Field.


text:
The file is index.html located in your htdocs directory (where you put your other files.) This file has to be delete/replaced. If it doesn't exist it may be defaulting to the other index.html.en or index.en.html language specific files. In which case they will need to be deleted as well. If you want to "list directory contents" when an index.html file doesn't exist for that directory, you'll need to make a change in your httpd.conf or apache.conf (system dependant) possibly. Some systems have that turned off by default for security reasons.
The config file is usually located at /etc/httpd/conf/httpd.conf on RH systems.


text:
Our Services
- Asthma Center
- Allergy & Immunology
- Cardiology
- Childhood Cancer
- Childrens Express Care
- Ear, Nose & Throat (ENT)
- Emergency Medicine
- Endocrinology
- Gastroenterology
- Infectious Diseases
- Medical Genetics
- Neurology
- Newborn Medicine
- Nephrology
- Primary Care
- Pulmonology
- Rheumatology
- Surgery
- Transplant Programs
- Child Life
- International Services
- Health Info Management
- Poison Control Center
- Ronald McDonald House
- Social Work
- Telemedicine Program
- Volunteer Services
Patients and Families
Planning a Visit
- Get Directions
- Parking
- Childrens Locations
- Getting Around
- Guidelines for Visitors
- Contact a Patient
- Contact Children's
- Send an e-Card
- Gift Shop
- Find a Doctor
- Child Health A-Z
- Community Ed.Classes
- Injury Prevention
- International Patients
- Medical Records
- Patient Handbook
- Patient Procedures
- Safety Center
- Adolescent Medicine
- Babysitting Class
- Child Life
- Diseases & Conditions
- Drugs and Alcohol
- Injury Prevention
- Schools & Jobs
- Sexual Health
- Teen Health
- Child Life
- Coloring Pages
- How the Body Works
- Kids Health
- Safety Cartoons
- Safety Quizzes
- The Games Closet
- For Health Professionals
- Research
- Ways to Give
News Releases
- Children's Opens Expanded Specialty Care Center in Erie
- Transplant Recipients Take Part in Children's Summer Camp
- Cancer Researcher Receives Grant from St. Baldricks Foundation
Our Experts
Physician Profile
412-692-5560 Phone
412-692-5679 Fax
Patti Metosky, PhD
Job Title Developmental Psychologist
3420 Fifth Ave.Pittsburgh, PA 15213
412-692-5560 Phone
412-692-5679 Fax
Email email@example.com
Education and Training
Graduate School:
1992 University of Pittsburgh
- National Association of School Psychologists (NASP), Member
- American Psychological Association (APA), Member
- Autism Society of America (ASA), Member
- Children and Adults with Attention Deficit Disorders , Member
Board Certifications
- Bureau of Professional and Occupational Affairs, PA Nursing Licensure
- Pediatric Nurse Practitioner
- Certification in School Psychology, PA
Biography Summary
Patti Metosky, Ph.D. is a psychologist in the Division of Developmental-Behavioral Pediatrics / Child Development Unit (CDU) at Children's Hospital of Pittsburgh. As a developmental psychologist, Dr. Metosky is an integral member of a group of specialists in the Division of Developmental-Behavioral Pediatrics / CDU. This group of specialists includes developmental/behavioral pediatricians, nurse practitioners, psychologists, behavioral consultants, and trainees who help parents understand their child's developmental, behavioral, and emotional concerns that accompany diagnosis and make referrals for treatment of various developmental and emotional needs. Dr. Metosky provides psychological evaluations for children with developmental and behavioral concerns, including children with ADHD, autism, and developmental differences and delays.
Having trained with Dr. Ivar Lovaas and working extensively and directly with children on the Autism Spectrum Disorder for over 15 years, she has developed expertise in not only the diagnosis of children, but also in generating appropriate treatment goals and effective behavioral interventions. She is experienced in assisting children and their families address a myriad of concerns, including enhancing social skills, fostering communication, and diminishing self-stimulatory and repetitive behavioral presentations. Her experience includes assisting with developing behavioral contracts and reward systems in the classroom.
Dr. Metosky also has experience in the diagnosis of children with Attention Deficit Disorders and in assisting parents with behavioral strategies often observed in children. Prior to obtaining her doctoral degree in psychology, she worked as a pediatric nurse practitioner in the Child Development Unit. Her doctoral degree was earned from the University of Pittsburgh's Educational Psychology program.
Last Update
May 18, 2010
May 18, 2010


text:
Written Answers - Food Industry.
Tuesday, 2 February 2010
Dáil Eireann Debate
624. Deputy Arthur Morgan asked the Minister for Agriculture, Fisheries and Food further to Parliamentary Question No. 335 of 27 January 2010, the details of the measures geared to improving the competitiveness of the food industry which will be operated by Enterprise Ireland using €7 million from budget 2010; when these measures will be made public; and if he will make a statement on the matter. [5136/10]
Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): The objective of the €7 million in funding which will be provided by my Department and administered by Enterprise Ireland is to improve competitiveness within the food sector in export markets. This is linked to sustaining viable companies and enabling them to exploit world market opportunities. The focus of initiatives in 2010 will be to enable key exporting companies to adopt sustainable 'best-in-class' lean business practices, by use of world class business consultancy assistance, funded by grant assistance. In addition, leading food companies will be assisted in developing leadership and management capability to best international standards through world-class programmes. These needs were clearly identified in the report of the Food Expert Skills Group in 2009.
In respect of timing, the roll-out will be throughout 2010, with tailored initiatives in lean business processes for large, medium and small exporting companies in the industry.
|Last Updated: 15/12/2010 14:35:35
|Page of 447


text:
Monday, April 16, 2012
New York Convention and Jones Act Do Not Overcome Motion to Compel Arbitration in the 11th Circuit
On April 10, 2012, the Eleventh Circuit Court of Appeals issued an unpublished opinion addressing the types of defenses a party contesting enforcement of an arbitration agreement can make and at what times those arguments can be raised under The United Nation Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the New York Convention). In Castillo-Arauz v. Carnival Corp., the court affirmed per curiam, the District Court's order to compel arbitration. The plaintiff, a seaman asserting negligence claims under the Jones Act against his employer, Carnival Cruise lines, will now have to arbitrate those claims.
The seaman, Roy David Castillo Arauz, suffered an injury while working aboard the Carnival ship "Destiny." His employment agreement calls for arbitration in Panama City under Bahamian law. Nevertheless, Arauz filed his claim in Florida state court, and Carnival removed to the Southern District of Florida, where it moved to compel arbitration.
Arauz contended that the arbitration provision is unenforceable because it violates the public policy of the United States. For support, Arauz cited Thomas, a 2009 decision of the 11th Circuit, which held unenforceable an arbitration agreement that called for the application of foreign law in a foreign venue.
In response, Carnival stipulated that it agreed to allow for the application of U.S. law to Arauz's Jones Act claim. This, the District Court found, eliminated the public policy concerns contemplated by the court in Thomas, and justified compelling arbitration, which it did.
After the District Court issued its order to compel the arbitration but before Arauz filed his appeal, the Eleventh circuit decided another arbitration clause case, Lindo. In Lindo, the court held that only standard breach of contract defenses "that can be applied neutrally on an international scale" can invalidate an arbitration agreement during the arbitration-enforcement stage. The court cited its 2005 decision in Bautista and noted that Thomas- decided in 2009- violated the precedent that Bautista had established.
Arauz argued that a public policy defense does exist during the arbitration-enforcement stage pursuant to the New York Convention. The Court stated that Arauz had acknowledged that his argument is foreclosed by Lindo and that the Court is not in a position to overrule the case.
The Court declined to consider Arauz's alternative claim that the agreement is unconscionable and that unconscionability is a standard breach of contract defense since he did not raise the issue in the District Court. In any case, the Court indicated that the argument would fail since the Bautista court rejected the same argument, reasoning that the doctrine of unconscionability cannot be uniformly applied across the member countries to the New York Convention.
[JT & Justin Berggren]
April 16, 2012 in Recent Cases | Permalink | Comments (0) | TrackBack (0)
Thursday, April 12, 2012
Didn't See This One Coming. . . . Yes We Did.
Keith Olbermann (left) and Al Gore's (right) Current TV have filed suit against each other in Los Angeles Superior Court. Olbermann claims Current TV violated his contract and owes him up to $70 million in unpaid compensation. Olbermann's complaint specifies that he was publically terminated without cause, and he is suing for breach of contract, sabotage and disparagement. Current TV's cross-complaint seeks a declaratory judgment on the grounds that it acted within its contractual rights when it terminated Olbermann, as well as a determination that it no longer has to pay Olbermann, having already paid him handsomely while receiving a "pauper's performance" in return. As reported by FoxNews.com, Current TV claims that Olbermann was too often an absentee anchor and simply did not live up to the terms of his contract, especially in terms of ratings. Yet, Olbermann alleges that the subpar broadcast facilities at Current TV made it difficult for him to produce good ratings.
As chronicled in the Santa Francisco Examiner, this is just the latest episode in the picaresque story of broadcaster Olbermann. He anchored for ESPN until his unauthorized 1997 appearance on the "Daily Show" during which he referred to Bristol, CN, ESPN's headquarters, as a "godforsaken place." In the words of ESPN spokesman, Mike Soltys, when Olbermann left he did not merely burn his bridges; he napalmed them. From there, Olbermann went to MSNBC, but by 1998, he was so sick of reporting on the Monica Lewinsky scandal (who can blame him?), he left MSNBC, and joined Fox Sports. He soon returned to MSNBC to host "Countdown with Keith Olbermann." As we have previously reported here, MSNBC agreed to pay him $7.5 million a year through the 2012 presidential election. However, as we reported here, Olbermann called it quits in the middle of that contract—while on the air--for reasons that remain unclear.
Which brings us to the current lawsuit. In a statement reported by businessweek.com, Current TV spokeswoman, Laura Nelson characterized the lawsuit as follows: 'when the law is on your side, you argue the law. When the facts are on your side, you argue the facts. When neither the law nor the facts are on your side, you pound the table. . . It is well established that over his professional career, Mr. Olbermann has specialized in pounding the table." On April 3, in an appearance on CBS's "Late Show," Olbermann said, "I screwed up really big on this." "It's my fault it didn't succeed in the sense that I didn't think the whole thing through." Current TV quoted these comments in the first paragraph of its cross-complaint.
[JT & Christina Phillips]
April 12, 2012 in In the News, Recent Cases, Television | Permalink | Comments (0) | TrackBack (0)
The Trouble with Totten
At the Spring Contracts Conference last month, I presented the contracts law portion of my article, Intolerable Abuses: Rendition for Torture and the State Secrets Privilege. That article is now in print, 63 Alabama Law Review 429 (2012), but as the electronic version has not yet appeared on the Law Review website, you can get the draft version (which is substantively the same as the print version) on SSRN.
The portion that I presented at the conference, "The Trouble with Totten" is about an 1875 case brought by the estate of William Lloyd a Civil War spy. As I summarized the case previously:
In Totten, the administrator for the estate of William A. Lloyd brought a claim against the government, seeking to recover for the breach of an espionage contract. He alleged that Lloyd had entered into an agreement with President Abraham Lincoln in which Lloyd infiltrated enemy territory during the Civil War in order to provide the U.S. Government with vital information relating to the military forces and fortifications of the Confederacy. For these services, Lloyd was to be paid $200/month plus expenses. Honest Abe allegedly paid Lloyd only expenses.
Justice Field, writing in 1875, found that the subject matter of the contract was a secret and that both parties must have known at the time of their agreement that their lips would be "for ever sealed respecting the relation of either to the matter." In order to protect the public interest in having an effective arm of the government that could engage in secret services, the Court ruled that there could be no claim for breach of a secret contract because the existence of the contract was itself a secret that could not be disclosed.
I have subsequently learned more details about Mr. Lloyd's exploits on behalf of President Lincoln (he was Lincoln's personal spy) and about why President Lincoln stiffed him (Lincoln was dead by the time Lloyd returned from his assignment). The source of the information is Douglas E. Markle's book, Spies and Spymasters of the Civil War. The information provided in the book is also available online here. Unfortunately, Mr. Markle's book contains a bibliography but no citation apparatus, so I cannot identify or further explore his sources. A letter to his publisher went unanswered and I have no other contact information for him.
As I would like to pursue the matter further -- I think the case would be a great subject for a Law Story -- I would appreciate any suggestions our readers might offer about how I might get further information about the life of William A. Lloyd, personal spy to Preisdent Lincoln.
April 12, 2012 in Conferences, Famous Cases, Recent Scholarship | Permalink | Comments (0) | TrackBack (0)
Wednesday, April 11, 2012
A Song About Offers
We have already posted links to Professor Mark DeAngelis's "Law Lessongs" on Raffles v. Wichelhaus, the UCC's Battle of the Forms (2-207), and substantial performance.
Once more unto the breach: today we offer this number on offers from Professor DeAngelis's YouTube site . Here is his explanation of the lessong:
This is a "Law Lessong" - a law lesson in a song - that I wrote to help students consider the issues surrounding the making of a contract offer. When does negotiation coalesce into an offer that may be accepted? This view looks to language, surrounding circumstances and certainty and definiteness as factors to consider in finding an outward manifestation of present intent to be bound to a contract. I hope that it is useful to you.
The Offer's Real
Lyrics by Mark DeAngelis
Tune: based on St. Anne's Reel (public domain)
Paul went off to work today,
Unaware of what might come his way,
Through e-mails, calls and letters and texts,
He wondered if he'd make a deal.
Communication constantly;
Negotiation seeming endlessly,
How can he tell when the offer's made
To step in and seal the deal? Manifestation of a present intent, To perform a contract in any event, Look at the language that was sent, To determine if an offer's real. I offer, I promise, I covenant to Render contract performance direct to you This is the language that will do To determine that an offer's real
A court of law with objective bent
Will not unearth subjective intent
Read the signs from what's been shown
To determine if the offer's real.
An advertisement it's been said
Is often not an offer, but instead
An invitation to make offers to buy
If the seller wants to seal a deal Manifestation of a present intent, To perform a contract in any event, What circumstances are present To determine if an offer's real. Language expression may hold the key, Along with what circumstances there may be, Definiteness and certainty Will determine if an offer's real.
With our terms now there must be
Sufficient definiteness and certainty
On each and every of the law's demands
For a contract to made for real.
Sufficiently certain, sufficiently clear
With evidence for the court to hear
To grant relief in the event of breach
Will determine if the offer's real. Manifestation of a present intent, To perform a contract in any event, Sufficiently certain and definite To determine if an offer's real. Language expression may hold the key, Along with what circumstances there may be, Definiteness and certainty Help determine if an offer's real. I offer, I promise, I covenant to Render contract performance direct to you This is the language that will do To determine that an offer's real
April 11, 2012 in Music, Teaching | Permalink | Comments (0) | TrackBack (0)
New in Print
Ian Ayres, Freedom. Using Commitment Contracts to Further Ex Ante Freedoms: the Twin Problems of Substitution and Ego Depletion, 62 Ala. L. Rev. 811 (2011)
Larry A. DiMatteo, Robert C. Bird and Jason A. Colquitt, Justice, Employment, and the Psychological Contract. 90 Or. L. Rev. 449 (2011)
Michael Feit, Attribution and the Umbrella Clause -- Is There a Way Out of the Deadlock? 21 Minn. J. Int'l L. 21 (2012)
Mary L. Heen, From Coverture to Contract: Engendering Insurance on Lives, 23 Yale J.L. & Feminism 335 (2011)
Alan Reed, The Rome I Regulation and Reapprochement of Anglo-American Choice of Law in Contract: A Heralded Triumph of Pragmatism over Theory. 23 Fla. J. Int'l L. 359 (2011)
Glenn D. West, and Natalie A. Smeltzer, Protecting the Integrity of the Entity-Specific Contract: The "No Recourse against Others" Clause-Missing or Ineffective Boilerplate? 67 Bus. Law. 39 (2011)
April 11, 2012 in Recent Scholarship | Permalink | TrackBack (0)
Tuesday, April 10, 2012
Weekly Top Tens from the Social Science Research Network
RECENT HITS (for all papers announced in the last 60 days)
TOP 10 Papers for Journal of Contracts & Commercial Law eJournal
February 10, 2012 to April 10, 2012
RECENT HITS (for all papers announced in the last 60 days)
TOP 10 Papers for Journal of LSN: Contracts (Topic)
February 10, 2012 to April 10, 2012
April 10, 2012 in Recent Scholarship | Permalink | TrackBack (0)
Monday, April 9, 2012
Professor DeAngelis on Substantial Performance
We have already posted links to Professor Mark DeAngelis's "Law Lessongs" on Raffles v. Wichelhaus and the UCC's Battle of the Forms (2-207).
Today we have raided his YouTube site for this number on Substantial Performance. Here is his explanation of the song:
This is a "Law Lessong" - a law lesson in a song - that I wrote to help students consider the issues regarding substantial performance of a service contract. This song follows a hypothetical where a contractor builds a new dormitory at a college. At some point, the job is "done." But is a construction job ever really "done?" There are always punch list items to be completed. The song and example hopefully allow you to explore what level of performance is acceptable and what constitutes a breach. (In the heating work, the breach is material; in the case of the malfunctioning locks, the breach is likely minor depending on how many locks are involved.) Also, there is the opportunity to distinguish between substantial performance under the contract and the performance of substantial work under the contract.
The melody is based on "The Ship That Never Returned" written by Henry Clay Work in 1865. (This melody may also be recognizable as the tune that the Lettermen used in their 1959 hit song, "Charlie on the MTA"):
The Substantial Performance Song
Words by Mark DeAngelis
Tune: Ship That Never Returned (Work, H.C.)
Did he substantially perform?
Can the college use the dorm,
To keep the students safe and warm?
Look at substance over form,
Minor or material harm?
To determine if he substantially performed.
A builder's bid was won
A job was to be done
To build a brand new college dorm
Excavators dug the land
Subcontractors followed plans
And soon substantial work they all performed
"We're done!" the builder said,
"Let's put this job to bed"
And the college inspectors came to see.
Though the structure did impress,
There were problems to address,
Before the college paid the final fee. Refrain
The inspectors checked the halls,
The plumbing, lights and walls,
And mostly they were satisfied and glad.
But when they checked the rooms for heat,
The work and standards did not meet,
The heating and the boiler work were bad.
Besides the heating ills
Leaving students with the chills,
A problem with security was found.
The college was appalled
When the locks that were installed,
In the students' rooms were junk and broken down. Refrain x2
April 9, 2012 in Music, Teaching | Permalink | Comments (0) | TrackBack (0)
If You Think Class Action Waivers Are Unconscionable, You Have No Concepcion of the State of the Law
In Coneff v. AT&T Corp., AT&T Wireless customers brought a class action suit against AT&T Wireless, Cingular Wireless LLC ("Cingular") and related companies. As recounted in the District Court opinion (what is this new trend in the Circuit Courts to provide no recitation of the facts of the case?!?), plaintiffs alleged that, after Cingular bought out AT&T, the company deliberately degraded AT&T Wireless's network in order to induce AT&T Wireless customers to transfer their plans to the more expensive and less favorable Cingular plans. Customers who refused to agree to the "upgrade" had to either complete their contract term with a degraded AT&T Wireless service or pay a $175 termination fee to cancel service.
Plaintiffs asserted claims under the Consumer Protection Acts of 14 different states, the Federal Communications Act, unjust enrichment and breach of contract. Plaintiffs also sought a declaratory judgment that an arbitration provision contained in their contracts, which included a class-action waiver, was unconscionable and therefore unenforceable. In response, AT&T filed a motion to compel arbitration, which the District Court denied, finding the class action waiver was substantively unconscionable and therefore unenforceable. Because the arbitration provision stated that it would be unenforceable in its entirety if the class-action waiver were struck, the District Court invalidated the entire arbitration agreement. AT&T then appealed to the United States Court of Appeals for the Ninth Circuit.
At the time the District Court denied AT&T's Motion to Compel arbitration, the Ninth Circuit had held that the Federal Arbitration Act ("FAA") did not preempt state unconscionability law pertaining to class-action waivers in arbitration clauses. However, the Supreme Court reversed that holding in AT&T Mobility LLC v. Concepcion (about which we've blogged before), holding that the FAA preempts state, in that case, California's, rules banning class-action waivers.
Plaintiffs unsuccessfully attempted to distinguish Concepcion in four ways.
- Concepcion rejected the argument that the cost of arbitration could preclude a litigant from effectively vindicating federal statutory rights in the arbitral forum, and given the various fee-shifting and pro-consumer provisions in the arbitration agreement, this case was not distinguishable from Concepcion in that regard.
- The Court rejected plaintiffs' claim that the Washington's rule that some class action waivers are unconscionable is distinguishable from the California class-action waiver rule at issue in Concepcion.
- Plaintiffs attempted to argue that Washington's class action waiver rule narrowly targeted such waivers that would make it economically absurd for plaintiffs to bring tiny claims via arbitration But, Concepcion specifically forecloses this argument, since it rejected the dissent's position that "class proceedings are necessary to prosecute small-dollar claims that might otherwise slip through the legal system." The Ninth Circuit followed the Eleventh Circuit's approach in Cruz v. Cingular Wireless, LLC (about which we blogged here) which concluded that the argument "goes only to substantiating the very public policy arguments that were expressly rejected by the Court in Concepcion—namely, that the class action waiver will be exculpatory, because most of these small-value claims will go undetected and unprosecuted."
- The Ninth Circuit also rejected Plaintiffs' to distinguish Washington's law on the ground that it would invalidate not only the class action waiver but the entire arbitration agreement observing that "by invalidating arbitration agreements for lacking class action provisions, a court would be doing precisely what the FAA and Concepcion prohibit—leveraging 'the uniqueness of an agreement to arbitrate' to achieve a result that the state legislature cannot."
Some hope remains for Plaintiffs. The Ninth Circuit remanded the case to the District Court to apply Washington's choice-of-law rule to Plaintiffs' claim of procedural unconscionability. If, under some state laws, a showing of procedural unconscionability would result in success for those plaintiffs, the District Court must complete a conflict-of-laws analysis and decide which Plaintiffs, if any, may benefit.
[JT & Chrissy Phillips]
April 9, 2012 in Recent Cases | Permalink | TrackBack (0)
Friday, April 6, 2012
UCC 2-207 Set to Music
Here's another law lessong from Professor Mark DeAngelis of the University of Connecticut's School of Business:
Here is Professor DeAngelis's intro:
This is a "Law Lessong" - a law lesson in a song, that summarizes some of the legal principles applicable under the Uniform Commercial Code for formation of sales contracts. In my experience, the Battle of Forms issue under the UCC seems to give students dreadful problems. The rules under the UCC can be confusing because there is a general rule for non-merchants, a different rule for merchants and then exceptions to the rule. So, you end up with "if this then that but if this then that but if this, this or this, then something else." I think that the song helps!
And here are the lyrics:
This Form is Your Form
Words by M. DeAngelis
Tune: This Land is Your Land
Refrain: This form is your form, that form is my form.
They show a contract for us to perform.
You sent and order, I sent an invoice.
What terms are binding on you and me?
I am a merchant. I am a seller.
You're not a merchant, just a regular fella'.
And my invoice is an acceptance.
But additional terms aren't binding on you and me.
If you're a merchant, our forms do battle.
It isn't merely, idle prattle.
We have a contract, and the invoice terms are added in,
Unless it's an exception, and there are three.
This form is your form, that form is my form.
They show a contract for us to perform.
You sent and order, I sent an invoice.
What terms are binding on you and me?
Between merchants, new terms are binding,
Unless you find them, quite surprising.
If unexpected, then material alteration you'll claim,
And the new terms will not bind you and me.
Perhaps your offer expressly stated,
Contract terms could not be annotated,
Or perhaps you previously objected to the invoice terms,
Or you raised your objection, timed reasonably.
This form is your form, that form is my form.
They show a contract for us to perform.
You sent and order, I sent an invoice.
What terms are binding on you and me?
April 6, 2012 in Music, Teaching | Permalink | Comments (1) | TrackBack (0)
Thursday, April 5, 2012
University of Chicago to Host Conference on European Contract Law
The conference will be hosted by the Institute for Law and Economics and the University of Chicago Law School and held April 27-28, 2012.
Here is a list of the participants and the topics of their presentaions.
Conference Program
Thomas Ackermann, Ludwig-Maximilians University, Munich
Public Supply of Optional Standardized Consumer Contracts: A Rationale for the Common European Sales Law?
Douglas Baird, University of Chicago Law School
Precontractual Disclosure and the European Sales Law
Omri Ben-Shahar, University of Chicago Law School, and Oren Bar-Gill, New York University Law School
Regulatory Techniques in Consumer Protection: A Critique of the Common European Sales Law
Lisa Bernstein, University of Chicago Law School
Custom and the CESL
Fabrizio Cafaggi, European University Institute, Florence
CESL and precontractual liability from a status to a transaction based approach
Horst Eidenmuller, University of Munich
What can be wrong with an Option? The proposal for an Optional Common European Sales Law
Richard Epstein, New York University Law School, Hoover Institution, University of Chicago Law School
Harmonization, Heterogeneity, and Regulation: Why the Common European Sales Law Should Be Scrapped
Fernando Gomez, Universidad Pompeu Fabra, Barcelona
Optional Law for Firms and Consumers: An Economic Analysis of Opting into the Common European Sales Law
Stefan Grundmann, Humboldt Universitat, Berlin
The Desirability of an Optional European Contract Law—and the Impact of a Particular Code Design on this Question
William Hubbard, University of Chicago Law School
Another Look at the Eurobarometer Contract Law Survey Data
Saul Levmore, University of Chicago Law School
Harmonization, Preferences, and Convergence
Ariel Porat, University of Chicago Law School and Tel Aviv Law School
Mistake under the Common European Sales Law
Eric Posner, University of Chicago Law School
The Questionable Basis of the Common European Sales Law: The Role of an Optional Instrument in Jurisdictional Competition
Jan Smits, Maastricht University
Contract Law as Optional Law: On the Potential and Limits of Choice
Gerhard Wagner, Universitat Bonn
Buyers' Remedies under the CESL: Rejection, Rescission, and the Seller's Right to Cure
Simon Whittaker, Oxford University
Identifying Legal Costs of the Operation of the Common European Sales Law: Legal Framework, Scope of the Uniform Law and National Judicial Evaluations
More details are available here.
April 5, 2012 in Conferences | Permalink | TrackBack (0)
Court to HuffPo Writers: A Deal's a Deal
A group of unpaid bloggers brought a class action against AOL, the Huffington Post (HuffPo) and its founders, including the eponymous Arianna Huffington (pictured) in the Southern District of New York on the ground that HuffPo unjustly and deceptively denied the bloggers compensation for their submissions and promotion of that website's content. Last week, Judge Koeltl granted the defendants' motion to dismiss the action, styled Tasini v. AOL, Inc.
Plaintiffs are "professional or quasi professional" writers who contributed to HuffPo's success. It was/is a spectacularly successful enterprise, attracting 26 million unique visitors per month (even the ContractsProf Blog cannot rival those numbers). HuffPo made clear from the start that, rather than monetary compensation, the writers/bloggers would get exposure—namely visibility, promotion, and distribution, for themselves and their work. All went along swimmingly until 2011, when AOL bought HuffPo for $315 million. The bloggers then sued, claiming a violation of New Yorks General Business Law § 349 (deceptive business practices) and that HuffPo was unjustly enriched, and sought at least $105 million in compensatory damages.
Judge Koeltl began by setting out New York's law on unjust enrichment: Under New York law, a plaintiff must establish: "(1) that the defendant benefitted; (2) at the plaintiff's expense; and (3) that equity and good conscience require restitution." Noting that the bloggers "entered into their transactions with the defendants with full knowledge of the facts and no expectation of compensation other than exposure," Judge Koeltl concluded that "equity and good conscience counsel against retroactively altering the parties' clear agreements." He then dismissed both the unjust enrichment claim and the § 349 claim with prejudice.
Some see an injustice in that the plaintiffs were committed to a certain sort of institution -- they may have seen HuffPo as a not-for-profit enterprise with a clear political mission -- and that institution was then swallowed by a soulless corporation associated with the noise an old-fashioned dial-up modem makes. Plaintiffs did not make that argument, perhaps because they did not want to seem like starry-eyed idealists who never noticed that HuffPo is a full-service content aggregator that, according to Wikipedia "covers politics, business, entertainment, technology, popular media, life & style, culture, comedy, healthy living, women's interest, and local news." Rather, as there was no question that HuffPo benefitted from the bloggers' contributions, the legal issue at the heart of the case is whether New York law ever supports a claim for restitution when there is no initial expectation of payment.
Plaintiffs presented the court with a number of cases in which plaintiffs successfully brought restitution claims even without a clear initial expectation of payment. The heart of the court's reasoning on this matter runs as follows:
At best, these cases stand for the proposition that plaintiffs who are unsure of whether they will be compensated if their services are not used may still sue if the services they render do ultimately benefit a defendant who then denies compensation. . . . Stated in other terms, the plaintiffs in these cases expected compensation but the exact terms of the compensation were unclear. These cases therefore fail to support the plaintiffs' argument that unjust enrichment does not require an expectation of compensation. Indeed, in this case, the plaintiffs expected only exposure rather than monetary compensation if their submissions were used, and those terms were clear from the outset.
In the court's view, this was a case in which the parties initial expectations were clear and the plaintiffs sought a "do over" when they learned that the price that AOL was willing to pay HuffPo for the privilege of access to the services that HuffPo writers were giving away.
[JT and Christina Phillips]
April 5, 2012 in In the News, Recent Cases, Web/Tech | Permalink | Comments (0) | TrackBack (0)
Wednesday, April 4, 2012
More Contracts Cases Set to Music: Raffles v. Wichelhaus
A few months back, we ran a series of contracts songs YouTube videos created by Professor Richard Craswell. But the market is not saturated. Noting that Professor Craswell has no song about the good ship Peerless, Professor Mark DeAngelis, of the University of Connecticut School of Business (pictured), rushed to fill the gap.
Professor DeAngelis introduces his material as follows:
This is a "Law Lessong" - a law lesson in a song - that I wrote to help students consider the issues of mistake in contract formation. This song chronicles the story of the case of Raffles v Wichelhaus: establishing the rule of mutual mistake in contract law.
The Bonnie Ships Peerles
By Mark DeAngelis
Sing Ho! For the mighty Peerless as through the waves she steers
A bonnie name for a bonnie ship that surely has no peer.
Can there be another like her cargo-bound for Britain's shore
On her treacherous journey into contract lore?
In America the cotton states were subject to blockade
For the fate of worldwide commerce other plans had to be made
In the colony of India English merchants solace found
Though treacherous be the journey the Cape round
And the halls of British commerce saw negotiations bold
A hundred and a quarter bales of Surat cotton to be sold
And bound to "arrive ex Peerless" from the port of far Bombay
A cargo of great value to convey
Sing Ho! For the mighty Peerless as she plows the briney main
A gallant bark no match for her we'll likely see again
Her name being inked upon the page had given the call for
Her treacherous journey into contract lore?
In October's balmy weather it was she first set sail
Her hold was brimmed with goods the merchants contracted for sale
And owing to the faithfulness and skill of her fine crew
Along the docks of Liverpool she drew.
The merchant halls received the word she'd arrived from far Bombay
And the buyer with expectancy made haste unto the quay
As the Peerless spilled her cargo down upon the dock below
No cotton would be found to buyer's woe
Sing Ho! For the mighty Peerless as she rolls upon the seas
With sails aloft and Britain bound she harnesses the breeze
But naught one bale of cotton could be found from aft to fore
On her treacherous journey into contract lore.
But lo and hark the Peerless sits embarking for to sail
Holding precious cotton bound up in a hundred and a quarter bales
A fine Bombay December morn saw her mainsail full unfurled
As she sought to journey halfway 'round the world
The Peerless tossed and pitched so hard as 'round the Cape she flew
When another ship was spied and hailed by her intrepid crew
So, now as peers they plowed the swells bound for opposing shores
Peerless once, now peerless nevermore.
And once again in Liverpool the word passed with all speed
The Peerless had arrived and all with business should take heed
And the Seller stood upon the dock full satisfied and bold
As bail on bail poured from the Peerless' hold.
But alas the buyer ne'er appeared, seller's tender was in vain
For the Buyer'd long since covered other cotton for his skeins
The Seller's suit was filed and for contract breach he claimed
And the case went on to earn them legal fame
Sing Ho! For the mighty Peerless now her voyage it is done
Her seafaring o'er but in the law her legacy's begun.
Though the merchants both invoked her name it left the seller sore
O'er her treacherous journey into contract lore.
Peerless? Nay the gallant ship was equaled by one more
For two ships by name "Peerless" sailed the brine to Britain's shore
On the merchants' fateful term to "arrive exl Peerless" they'd agreed
But no contract formed that either one must heed.
The words were fraught with meaning neither party could foresee
That each had meant a different ship to sail the rolling seas
Like two ships passing in the night, each one to the other blind
Though words agreed, no meeting of their minds.
Sing Ho! For the mighty Peerlesses as through the waves they steer
A bonnie name for bonnie ships that surely have no peers.
Can there be another like them cargo-bound for Britain's shores
On their treacherous journey into contract lore?
It's a treacherous journey into contract lore!
Professor DeAngelis's other Law Lessongs can be accessed here.
April 4, 2012 in Famous Cases, Music, Teaching | Permalink | Comments (0) | TrackBack (0)
Tuesday, April 3, 2012
Breaking: NY Ct of Appeals Dismisses Husband's Claim in Maddoff Mutual Mistake Case
We've blogged a great deal about Simkin v. Blank and even live blogged the Valentine's Day oral argument. Today the New York Court of Appeals unanimously reversed and dismissed the husband's case. Judge Graffeo reasoned:
Even putting the language of the agreement aside, the core allegation underpinning husband's mutual mistake claim --that the Madoff account was "nonexistent" when the parties executed their settlement agreement in June 2006 -- does not amount to a "material" mistake of fact as required by our case law. The premise of husband's argument is that the parties mistakenly believed that they had an investment account withBernard Madoff when, in fact, no account ever existed. In husband's view, this case is no different from one in which parties are under a misimpression that they own a piece of real or personal property but later discover that they never obtained rightful ownership, such that a distribution would not have been possible at the time of the agreement. But that analogy is not apt here. Husband does not dispute that, until the Ponzi scheme began to unravel in late 2008 -- more than two years after the property division was completed -- it would have been possible for him to redeem all or part of the investment. In fact, the amended complaint contains an admission that husband was able to withdraw funds (the amount is undisclosed) from the account in 2006 to partially pay his distributive payment to wife. Given that the mutual mistake must have existed at the time the agreement was executed in 2006 (see Gould, 81 NY2d at 453), the fact that husband could no longer withdraw funds years later is not determinative.
This situation, however sympathetic, is more akin to a marital asset that unexpectedly loses value after dissolution of a marriage; the asset had value at the time of the settlement but the purported value did not remain consistent. Viewed from a different perspective, had the Madoff account or other asset retained by husband substantially increased in worth after the divorce, should wife be able to claim entitlement to a portion of the enhanced value? The answer is obviously no. Consequently, we find this case analogous to the Appellate Division precedents denying a spouse's attempt to reopen a settlement agreement basedon post-divorce changes in asset valuation.
Simkin v. Blank (NY April 3, 2012).
[Meredith R. Miller]
April 3, 2012 in In the News, Recent Cases, Teaching | Permalink | Comments (0) | TrackBack (0)
Binding Consent for Rough Sex?
Over at the Koncision blog, Ken Adams has a post about a novel called "Fifty Shades of Grey" in which bondage is a theme. He analyzes the language of the fictional contract for a bondage relationship. He does quite a number on it. But we don't see the need to get all tied up in knots about a fictional agreement when there one could be bound and gagged by a real world contract that covers the same ground. It is the notorious Antioch College Sexual Offense Protection Policy.
We do not have access to the actual policy, but according to the Foundation for Individual Rights in Education's website (the FIRE), the policy defines consent as follows:
Consent:Consent is defined as the act of willingly and verbally agreeing to engage in specific sexual conduct. The following are clarifying points:
- Consent is required each and every time there is sexual activity.
- All parties must have a clear and accurate understanding of the sexual activity.
- The person(s) who initiate(s) the sexual activity is responsible for asking for consent.
- The person(s) who are asked are responsible for verbally responding.
- Each new level of sexual activity requires consent.
- Use of agreed upon forms of communication such as gestures or safe words is acceptable, but must be discussed and verbally agreed to by all parties before sexual activity occurs.
- Consent is required regardless of the parties' relationship, prior sexual history, or current activity (e.g. grinding on the dance floor is not consent for further sexual activity).
- At any and all times when consent is withdrawn or not verbally agreed to, the sexual activity must stop immediately.
- Silence is not consent.
- Body movements and non-verbal responses such as moans are not consent.
- A person can not give consent while sleeping.
- All parties must have unimpaired judgement (examples that may cause impairment include but are not limited to alcohol, drugs, mental health conditions, physical health conditions).
- All parties must use safer sex practices.
- All parties must disclose personal risk factors and any known STIs. Individuals are responsible for maintaining awareness of their sexual health.These requirements for consent do not restrict with whom the sexual activity may occur, the type of sexual activity that occurs, the props/toys/tools that are used, the number of persons involved, the gender(s) or gender expressions of persons involved.
The FIRE hates this stuff, but it seems a perfectly reasonable way to educate college students about the perils of date rape, which may be why Gettysburg College has adopted a simlar policy. But that is not to say the definition of consent could not use Ken Adams's touch. Ken, give it your best shot!
In the meantime, while the FIRE celebrates Antioch's demise, Wikipedia reports that it reopened in October 2011.
April 3, 2012 in Commentary, True Contracts | Permalink | Comments (0) | TrackBack (0)
Weekly Top Tens from the Social Science Research Network
RECENT HITS (for all papers announced in the last 60 days)
TOP 10 Papers for Journal of Contracts & Commercial Law eJournal
February 3, 2012 to April 3, 2012
RECENT HITS (for all papers announced in the last 60 days)
TOP 10 Papers for Journal of LSN: Contracts (Topic)
February 3, 2012 to April 3, 2012
April 3, 2012 in Recent Scholarship | Permalink | TrackBack (0)
Monday, April 2, 2012
CBS Squashes Production of Original Series Star Trek Episode: "He Walked Among Us"
As reported in The New York Times, the discovery of a lost episode of Star Trek has sparked a, so far, non-litigious debate over CBS's decision to enforce its right in the material and to prohibit the online airing of an amateur production based on the episode's script.
Norman Spinrad wrote the episode, He Walked Among Us," in 1967 after the show's producers approached him with a four-day deadline and a box of no-doze. The producers thought the episode might provide an opportunity for comedian Milton Berle to work a dramatic role. Tragically, the episode never aired, and Spinrad's script ended up getting donated to the archives at Cal State Fullerton, where it sat unnoticed for decades.
Years later, Spinrad was approached at a convention by a Trekkie (depicted in the image above) who asked Spinrad to sign a copy of "He Walked Among Us." Spinrad later teamed up with James Cawley to discuss the possibility of finally producing "He Walked Among Us." Cawley is senior executive producer for "Phase II," a web-based production studio that uses unpaid amateur actors to act out Trekkies' favorite episodes. In these productions, Cawley plays Captain Kirk, which is a bit like putting together a Shakespeare company so that you can play Hamlet. But still . . . .
CBS sent Cawley an email, asking him to cease production of the episode. CBS has been consistently buying merchandising, television and online rights to Star Trek. Cawley and Spinrad apparently have good relations with CBS and want to keep things that way. As Spinrad puts it on his website,
I and CBS have agreed to resolve our disputes concerning the ownership of the Work; as part of the settlement between the Parties, the Parties have agree that there will be no further comment; and CBS is considering opportunities to offer licensed copies of the Work.
Because of the above, I can no longer comment on the He Walked Among Us screenplay myself.
It is uncertain exactly why CBS has allowed Phase II to produce other unaired Trek projects but has decided to stonewall this project. Here are the leading theories:
- The subject matter of "He Walked Among Us" has been mined so thoroughly in other Star Trek episodes, CBS is concerned that further probing in this area could open up a rift in the time/space continuum;
- Due to a holodeck malfunction, the person calling himself Norman Spinrad is really Kirk's arch-nemesis, Khan, returned to destroy the good name of the Star Trek franchise;
- After consulting with its resident half-Betazoid advisor, CBS concluded that there was something not quite right about the episode – some sort of deception may be involved, or not;
- William Shatner was insisting on playing the Milton Berle part and that the part include a fist-fight;
- CBS producers thought the episode's lower decks discussion of why Star Fleet could mandate health care coverage but not require that all replicators be programmed to synthesize broccoli when receiving requests for "junk food" was too dated; and
- A crucial element in the plot is the possibility of traveling at speeds in excess of light speed, and now that the faster-than-light neutrinos theory has been debunked, CBS thinks viewers will be unable to suspend disbelief
[JT and Justin Berggren]
April 2, 2012 in Current Affairs, In the News, Television, Web/Tech | Permalink | Comments (2) | TrackBack (0)
Arbitration Provision Not Unconscionable under PA Law, Says Third Circuit
Janice Quilloin ("Quilloin") is a nurse employed by a hospital owned by Tenet Healthsystem ("Tenet"). She was hired in 2006, quit, and was rehired in 2008. Both times that she was hired, Quilloin signed the "Employee Acknowledgement" form (EA), acknowledging receipt of the "Fair Treatment Process" brochure (FTP). The EA provided for arbitration of all but a few enumerated "excluded issues." The FTP sets out the steps an employee would need to take to resolve a dispute and provides an approximate time in which Tenet would take to respond to each step.
In 2009, Quilloin filed a collective action suit against Tenet in the District Court for the Eastern District of Pennsylvania under the Fair Labor Standards Act of 1938, as well as several state-based class action and common law claims. Although the Third Circuit inexplicably declines to say so, the District Court opinion notes that the basis of her suit is that Tenet allegedly makes her and her co-workers work through their meal breaks without pay.
Tenet moved to compel arbitration. Quilloin responded that the arbitration agreement was unconscionable. The District Court found that genuine disputes of material fact remained as to whether the arbitration agreement was enforceable, and denied Tenet's Motion to Compel. In Quilloin v. Tenet Healthsystem Philadelphia, Inc., the Third Circuit reversed and remanded with instructions to stay litigation proceedings and compel arbitration.
Tenet contended that because Quilloin did not direct her challenge at a specific clause within the agreement, the District Court could not inquire into arbitrability issues. However, the Third Circuit disagreed, stating that the Federal Arbitration Act (FAA) places arbitration agreements on "an equal footing with other contracts." Therefore a plaintiff may challenge an arbitration agreement, like any other contract, by claiming fraud, duress, or unconsionability. Tenet, relying on Rent-A-Center v. Jackson, about which we blogged extensively in April 2010, attempted to argue that Quilloin's claim had to go to arbitration because she was attempting to challenge the arbitration agreement as a whole. The Third Circuit was not persuaded, finding Rent-A-Center inapposite as that case only applied where the parties specified that the agreement to arbitrate was itself arbitrable. There was no such provision in the EA.
The Court then proceeded to the merits of Ms. Quilloin's claim that the arbitration provision was unconscionable. Under Pennsylvania law, a party must show a contract to be both substantively and procedurally unconscionable. The District Court found three bases on which the arbitration agreement might be substantively unconscionable: (1) a potential prohibition against recovery of attorney's fees and costs, (2) potential inclusion of a class action waiver, and (3) the possibility that Tenet could "run out the clock" on the statute of limitation, because the FTP provides internal steps and procedures that Tenet could drag out until Quilloin's claim expired. While the Court found the arbitration agreement ambiguous on the first two issues, Supreme Court precedent clearly establishes that the arbitrator can resolve such ambiguities. As to the Quilloin's run-out-the clock argument, the Court found that Quilloin could prevent Tenet from doing so by filing a motion to compel arbitration.
Furthermore, the Court found no procedural unconscionability. While Quillion is the weaker party to the agreement, she did not lack meaningful choice. She has a college degree, and twice agreed to the arbitration agreement.
[JT and Christina Phillips]
April 2, 2012 in Recent Cases | Permalink | Comments (0) | TrackBack (0)


text:
Network Analyst
WBM Office Systems is one of the leading IT services and solutions organizations in Western Canada. Our clients count us on every single day to provide them with industry leading products and services. As a result of our commitment to our client community we are currently looking for a Network Analyst to join our growing team.
- Support, operate and maintain an IP-Based LAN/WAN infrastructure and related technologies (e.g. LAN/MAN/WAN, VoIP, Video over IP) so that Service Level Agreement (SLA) targets are met and customer satisfaction is maintained at a high level
- Troubleshoot, resolve and document incidents as assigned by team lead
- Liaise with end users, customers, third party service providers and business partners as required
- Pro-active monitoring of automated alerts and taking appropriate action
- Manage access according to approved policies
- Develop and maintain supporting documentation
- Ability to work varied hours to accommodate standard off shift change windows and support a 7 x 24 operation
- Technical diploma/degree in a related technical discipline supplemented with Cisco certification
- Extensive experience with Cisco Switches and Routers with a strong knowledge of Cisco ASA Firewalls and ISR Routers
- Good working knowledge of Data Communication Protocols with knowledge in QoS
- Strong Communication skills and customer service orientation
- ITIL certification is preferred
Come to WBM and write your own story. WBM will offer you a competitive income and benefits package. At WBM, we understand that the benefits we provide must go beyond caring for your health they must also provide for your financial well-being. That's why in addition to medical, dental and disability coverage, we also provide you an attractive company pension plan (after 2 years).
Only applicants selected for an interview will be contacted.
We sincerely thank all applicants for their interest in WBM.


text:
Well it was asked for and now here it is! Sorry it took so long. I don't know much about security so you guys will prolly be teaching me quite a few things in here!
If you give a man a fire he'll be warm, if you light the man on fire he'll be warm for life.


text:
This is a clan for HL1 for people who play HL1 DM and those who like HL DMC, and HL2DM.
correction : for his door !!
Gomod? LOL
How will valve guy ever get out of the room?!!!
You are not logged in, your comment will be anonymous unless you join the community today (totally free - or sign in with your social account on the right) which we encourage all contributors to do.
2000 characters limit; HTML formatting and smileys are not supported - text only
BIG VALVE too big for his own door!