text:
Pub. L. 93-463, sec. 101(a)(11), 88 Stat. 1391; 7 U.S.C. 2(a)(12).
These rules of practice are generally applicable to adjudicatory proceedings before the Commodity Futures Trading Commission under the Commodity Exchange Act. These include proceedings for:
(a) Denial, suspension, revocation, conditioning, restricting or modifying of registration as a futures commission merchant, retail foreign exchange dealer, introducing broker, or associated person, floor broker, floor trader, commodity pool operator, commodity trading advisor or leverage transaction merchant pursuant to sections 6(c), 8a(2), 8a(3), 8a(4) and 8a(11) of the Act, 7 U.S.C. 9 and 15, 12a(2), 12a(3), 12a(4) and 12(a)(11), or denial, suspension, or revocation of designation as a contract market pursuant to sections 6(a) and 6(b) of the Act, 7 U.S.C. 8;
(b) The issuance of cease and desist orders pursuant to sections 6b and 6(d) of the Act, 7 U.S.C. 13a and 13b;
(c) Denial of trading privileges pursuant to section 6(c) of the Act, 7 U.S.C. 9 and 15;
(d) The assessment of civil penalties pursuant to sections 6(c) and 6b of the Act, 7 U.S.C. 9 and 15 and 13a;
(e) The issuance of restitution orders pursuant to section 6(c) of the Act, 7 U.S.C. 9; and
(f) Any other proceedings where the Commission declares them to be applicable.
(g) Investigations conducted pursuant to sections 8 and 16(a) of the Act, 7 U.S.C. 12 and 20(a), except as specifically made applicable by the Rules Relating to Investigations set forth in part 11 of this chapter;
(h) Reparation proceedings under section 14 of the Act, 7 U.S.C. 18, except as specifically made applicable by the Rules Relating to Reparation Proceedings set forth in part 12 of this chapter;
(i) Public rulemaking, except as specifically made applicable by the Rules Relating to Public Rulemaking Procedures sets forth in part 13 of this title.
For purposes of this part:
(a) These rules may, from time to time, be suspended, amended or revoked in whole or in part. Notice of such action will be published in the
(b) In the interest of expediting decision or to prevent undue hardship on any party or for other good cause the Commission may order the adoption of expedited procedures and may waive any rule in subparts A through H of this part in a particular case and may order proceedings in accordance with its direction upon a determination that no party will be prejudiced and that the ends of justice will be served. Reasonable notice shall be given to all parties of any action taken pursuant to this provision.
(c) The Presiding Officer, to expedite decision or to prevent undue hardship on any party, may waive any rule in subparts A through G of this part when neither party is prejudiced thereby. Reasonable notice shall be given to all parties of any action taken pursuant to this provision.
(d) Notwithstanding any provision of this part, the Commission may in any proceeding commenced pursuant to section 6(c) of the Act require a respondent to show cause why an order should not be entered against the respondent and may specify a day and place for the hearing not less than
The Office of Proceedings is located at Three Lafayette Centre, 1155 21st Street NW., Washington, DC 20581. Faxes must be sent to (202) 418-5532, and emails must be sent to
In computing any period of time prescribed by these rules or allowed by the Commission or the Presiding Officer, the day of the act, event, or default from which the designated period of time begins to run shall not be included. The last day of the period so computed is to be included unless it is a Saturday, a Sunday, or a legal holiday; in which event the period runs until the end of the next day which is not a Saturday, a Sunday or a legal holiday. Intermediate Saturdays, Sundays, and legal holidays shall be excluded from the computation only when the period of time prescribed or allowed is less than seven days.
Except as otherwise provided by law or by these rules, for good cause shown the Commission or the Presiding Officer before whom a matter is then pending, on their own motion or the motion of a party, at any time may extend or shorten the time limit prescribed by the rules for filing any document. In any instance in which a time limit is not prescribed for an action to be taken in a proceeding, the Commission or the Presiding Officer may set a time limit for that action.
In computing any period of time involving the date of the entry of an order the date of entry shall be the date the order is served by the Proceedings Clerk.
Unless otherwise determined by the Commission, all proceedings within the scope of this part shall be assigned to an Administrative Law Judge for hearing. If the Commission determines that a proceeding within the scope of this part shall be conducted before a Presiding Officer who is not an Administrative Law Judge, all provisions of this part or of part 3 of this chapter that refer to and grant authority to or impose obligations upon an Administrative Law Judge shall be read as referring to and granting authority to and imposing obligations upon the designated Presiding Officer.
(1) Administer oaths and affirmations;
(2) Issue subpoenas;
(3) Rule on offers of proof;
(4) Receive relevant evidence;
(5) Examine witnesses;
(6) Regulate the course of the hearing;
(7) Hold prehearing conferences;
(8) Consider and rule upon all motions;
(9) Make decisions in accordance with § 10.84 of these rules;
(10) Certify interlocutory matters to the Commission for its determination in accordance with § 10.101 of these rules;
(11) Take such action as is just or appropriate, if a party or agent of a party fails to comply with an order issued by the Administrative Law Judge;
(12) Take any other action required to give effect to these Rules of Practice, including but not limited to requesting the parties to file briefs and
(a) An Administrative Law Judge will not be responsible to or subject to the supervision or direction of any officer, employee, or agent of the Commission engaged in the performance of investigative or prosecutorial functions for the Commission.
(b) No officer, employee or agent of the Commission who is engaged in the performance of investigative or prosecuting functions in connection with any proceeding shall, in that proceeding or any factually related proceeding, participate or advise in the decision of the Administrative Law Judge or the Commission except as witness or counsel in the proceeding, without the express written consent of the respondents in the proceeding. This provision shall not apply to the members of the Commission.
(i) Members of the personal staffs of the Commissioners;
(ii) Members of the staffs of the Administrative Law Judges;
(iii) The Deputy General Counsel for Opinions and Review and staff of the Office of General Counsel.
(iv) Members of the staff of the Office of Proceedings; and
(v) Other Commission employees who may be assigned to hear or to participate in the decision of a particular matter;
(2) No Commissioner, Administrative Law Judge or Commission decisional employee shall make or knowingly cause to be made to any interested person outside the Commission an ex parte communication relevant to the merits of a proceeding.
(1) Place on the public record of the proceeding:
(i) All such written communications;
(ii) Memoranda stating the substance of all such oral communications; and
(iii) All written responses, and memoranda stating the substance of all oral responses, to the materials described in paragraphs (c) (1)(i) and (1)(ii) of this section; and
(2) Promptly give written notice of such communication and responses thereto to all parties to the proceedings to which the communication or responses relate.
(2) Any attorney or accountant who knowingly makes or knowingly causes to be made, or who knowingly solicits or knowingly causes the solicitation of, an ex parte communication which violates the prohibitions contained in paragraph (b) of this section may, on that basis alone, be deemed to have engaged in unprofessional conduct of the type proscribed by 17 CFR 14.8(c).
(3) Any Commissioner, Administrative Law Judge or Commission decisional employee who knowingly makes or knowingly cause to be made, or who knowingly solicits or knowingly causes the solicitation of, an ex parte communication which violates the prohibitions contained in paragraph (b) of this section may, on that basis alone, be deemed to have engaged in conduct of the type proscribed by 17 CFR 140.735-3(b)(3).
(i) To any person who has actual knowledge that a proceeding has been or will be commenced by order of the Commission; and
(ii) To all persons after public notice has been given that a proceeding has been or will be commenced by order of the Commission.
(2) The prohibitions of this section shall remain in effect until a final order has been entered in the proceeding which is no longer subject to review or reconsideration by the Commission or to review by any court.
(3) Nothing in this section shall constitute authority to withhold information from Congress.
(2) Whenever the Administrative Law Judge has issued an order precluding a person from further acting as counsel for representative in the proceeding, the Administrative Law Judge within a reasonable time thereafter, shall submit to the Commission a report of the facts and circumstances surrounding the issuance of the order and shall recommend what action the Commission should take respecting the appearance of such person as counsel or representative in other proceedings before the Commission.
(i) Personal service;
(ii) First-class or a more expeditious form of United States mail or an overnight or similar commercial delivery service;
(iii) Facsimile ("fax"); or
(iv) Electronic mail ("email").
(v) Service shall be complete at the time of personal service; upon deposit in the mail or with a similar commercial package delivery service of a properly addressed document for which all postage or delivery service fees have been paid; or upon transmission by fax or email. Where a party effects service by mail or similar package delivery service (but not by fax or email), the time within which the party being served may respond shall be extended by five (5) days. Service by fax or email shall be permitted at the discretion of the Presiding Officer, with the parties' consent. Signed documents that are served by email must be in PDF or other non-alterable form.
(3) Service by email or fax shall be permitted at the discretion of the Presiding Officer, with the parties' consent. The consent of a party must specify the email address or fax number to be used. Signed documents that are served by email must be in PDF or other non-alterable form.
(4) Service will be complete at the time of personal service; upon deposit in the mail or with an overnight or similar commercial delivery service of a properly addressed document for which all postage or delivery service fees have been paid; or upon transmission by fax or email. Service by email or by fax will not be effective if the party making service learns that the attempted service did not reach the person to be served.
(5) Where service is effected by mail or a commercial delivery service (but not by fax or email), the time within which the person being served may respond shall be extended by five (5) days.
(i) Confirms that service has been made,
(ii) Identifies each person served,
(iii) Sets forth the date of service, and
(iv) Recites the manner of service.
(2) To be timely filed under this part, a document must be delivered in person; mailed by first-class or a more expeditious form of United States mail or by an overnight or similar commercial delivery service; or faxed or emailed to the Proceedings Clerk within the time prescribed for filing.
(A) He has read the document and knows the contents thereof;
(B) If executed in any representative capacity, it was done with full power and authority to do so;
(C) To the best of his knowledge, information, and belief, every statement contained in the document is true and not misleading; and
(D) The document is not being interposed for delay.
An adjudicatory proceeding is commenced when a complaint and notice of hearing is filed with the Office of Proceedings.
(1) The legal authority and jurisdiction under which the hearing is held;
(2) The matters of fact and law to be considered and determined.
(1) By publishing a notice of the filing of the proceeding and a summary of the complaint, approved by the Commission or the Administrative Law Judge, once a week for three consecutive weeks in one or more newspapers having a general circulation where the respondent's last known business or residence address was located and, if ascertainable, where the respondent is believed to reside or be doing business currently; and
(2) By continuously displaying the complaint on the Commission's Internet web site during the period referred to in paragraph (b)(1) of this section.
(1) A statement that the respondent admits, denies, or does not have and is unable to obtain sufficient information to admit or deny each allegation; a statement of a lack of information shall have the effect of a denial; any allegation not expressly denied shall be deemed to be admitted;
(2) A statement of the facts supporting each affirmative defense.
All averments of claim and defense shall be made in consecutively numbered paragraphs. The contents of each paragraph shall be limited as far as practicable to a single set of circumstances.
The parties to an adjudicatory proceeding shall include the Division of Enforcement, each respondent named in the complaint and each person permitted to intervene pursuant to § 10.33 of these rules. A respondent shall cease to be a party or purposes of a pending proceeding when (a) a default order is entered against him pursuant to § 10.93; or (b) the Commission accepts an offer of settlement pursuant to § 10.108 of these rules.
Upon motion and for good cause shown the Administrative Law Judge may order a substitution of parties.
Any person may, in the discretion of the Administrative Law Judge be permitted to file a memorandum or make an oral statement of his views, and the Administrative Law Judge may, in his
Interlocutory review by the Commission of a ruling as to matters within the scope of § 10.33, § 10.34 or § 10.35 may be sought in accordance with the procedures set forth in § 10.101 of these rules without certification by the Administrative Law Judge.
In any proceeding the Administrative Law Judge may direct that one or more conferences be held for the purpose of:
(a) Clarifying issues;
(b) Examining the possibility of obtaining stipulations, admissions of fact and of authenticity or contents of documents;
(c) Determining matters of which official notice may be taken;
(d) Discussing amendments to pleadings;
(e) Limiting the number of witnesses;
(f) Considering objections to the introduction of documentary evidence and the testimony of witnesses identified in prehearing materials filed or otherwise furnished by the parties pursuant to § 10.42;
(g) Discussing adoption of shortened procedures pursuant to § 10.92;
(h) Promoting a fair and expeditious hearing.
(i) An outline of its case or defense;
(ii) The legal theories upon which it will rely;
(iii) The identity, and the city and state of residence, of each witness, other than an expert witness, who is expected to testify on its behalf, along with a brief summary of the matters to be covered by the witness's expected testimony;
(iv) A list of documents which it intends to introduce at the hearing, along with copies of any such documents which the other parties do not already have in their possession and to which they do not have reasonably ready access.
(i) A statement identifying the witness and setting forth his or her qualifications;
(ii) A list of any publications authored by the witness within the preceding ten years;
(iii) A list of all cases in which the witness has testified as an expert, at trial or in deposition, within the preceding four years;
(iv) A complete statement of all opinions to be expressed by the witness and the basis or reasons for those opinions; and
(v) A list of any documents, data or other written information which were considered by the witness in forming his or her opinions, along with copies of any such documents, data or information which the other parties do not already have in their possession and to which they do not have reasonably ready access.
(3) The foregoing procedures shall not be deemed applicable to rebuttal evidence submitted by any party at the hearing.
(4) In any action where a party fails to comply with the requirements of this paragraph (a), the Administrative Law Judge may make such orders in regard to the failure as are just, taking into account all of the relevant facts and circumstances of the failure to comply.
(i) All documents that were produced pursuant to subpoenas issued by the Division or otherwise obtained from persons not employed by the Commission, together with each subpoena or written request, or relevant portion thereof, that resulted in the furnishing of such documents to the Division; and
(ii) All transcripts of investigative testimony and all exhibits to those transcripts.
(i) The identity of a confidential source;
(ii) Confidential investigatory techniques or procedures;
(iii) Separately the market positions, business transactions, trade secrets or names of customers of any persons other than the respondents, unless such information is relevant to the resolution of the proceeding;
(iv) Information relating to, or obtained with regard to, another matter of continuing investigatory interest to the Commission or another domestic or foreign governmental entity, unless such information is relevant to the resolution of the proceeding; or
(v) Information obtained from a domestic or foreign governmental entity or from a foreign futures authority that either is not relevant to the resolution of the proceeding or was provided on condition that the information not be disclosed or that it only be disclosed by the Commission or a representative of the Commission as evidence in an enforcement or other proceeding.
(3) Nothing in paragraphs (b)(1) and (b)(2) of this section shall limit the ability of the Division of Enforcement to withhold documents or other information on the grounds of privilege, the work product doctrine or other protection from disclosure under applicable law. When the investigation by the Division of Enforcement that led to the pending proceeding encompasses transactions, conduct or persons other than those involved in the proceeding, the requirements of (b)(1) of this section shall apply only to the particular transaction, conduct and persons involved in the proceeding.
(i) Transcripts of investigative, deposition, trial or similar testimony given by the witness,
(ii) Written statements signed by the witness, and
(iii) Substantially verbatim notes of interviews with the witness, and all exhibits to such transcripts, statements and notes. For purposes of this paragraph (c), "substantially verbatim notes" means notes that fairly record the exact words of the witness, subject to minor, inconsequential deviations. Such statements shall include memoranda and other writings authored by the witness that contain information relating to his anticipated testimony. The Division of Enforcement shall produce witness statements pursuant to this paragraph prior to the scheduled hearing date, at a time to be designated by the Administrative Law Judge. Respondents shall produce witness statements pursuant to this paragraph at the close of the Division's case in chief during the hearing. If necessary, the Administrative Law Judge shall, upon request, grant the Division a continuance of the hearing in order to review and analyze any witness statements produced by the respondents.
(2) Nothing in paragraph (c)(1) of this section shall limit the ability of a party to withhold documents or other information on the grounds of privilege, the work product doctrine or other protection from disclosure under applicable law.
The parties may by stipulation in writing at any stage of the proceeding, or orally made at hearing, agree upon any pertinent facts in the proceeding. It is desirable that the facts be thus agreed upon so far as and whenever practicable. Stipulations may be received in evidence at a hearing and when received in evidence shall be binding on the parties thereto.
(1) A prospective witness will be unable to attend or testify at a hearing on the basis of age, illness, infirmity, imprisonment or on the basis that he is or will be outside of the United States at the time of the hearing (unless it appears that the absence of the witness was procured by the party seeking to take the deposition),
(2) His testimony is material,
(3) It is necessary to take his deposition in the interest of Justice, the Administrative Law Judge may by order direct that his deposition be taken either orally or in the form of written interrogatories, and may issue a subpoena to compel the attendance of the witness for deposition.
(1) The name and post office address of the witness;
(2) The specific matters concerning which the witness is expected to testify and their relevance;
(3) The reasons why the deposition should be taken, supported by affidavits and a physician's certificate, where appropriate;
(4) The time when, the place where, and the name and address of the person before whom the deposition is to be taken;
(5) A specification of the documents and materials which the deponent is requested to produce;
(6) Application for any subpoenas.
(ii) Within a foreign country, depositions may be taken before an officer or person designated by the Administrative Law Judge or agreed upon by the parties by a stipulation in writing to be filed with the Proceedings Clerk.
(2) All objections made at the time of the examination to the qualifications of the officer taking the deposition, or to the manner of taking it, or to the evidence presented, or to the conduct of any party, or any other objection to the proceeding shall be noted by the officer upon the deposition, and shall subsequently be determined by the Administrative Law Judge. Evidence objected to shall be taken subject to the objections. However, the parties may stipulate that, except as to objections to the form of questions, all objections to the matters testified to in a deposition are preserved for the hearing, whether or not raised at the time of deposition.
(3) During the taking of a deposition a party or deponent may request and obtain an adjournment to permit an application to be made to the Administrative Law Judge for an order suspending the deposition on grounds of bad faith in the conduct of the examination, annoyance, embarrassment, oppression of a deponent or party, or improper questions. An attorney who requests and obtains an adjournment for this purpose but fails, without good cause, promptly to apply for relief to the Administrative Law Judge may be found guilty of contemptuous conduct in accordance with § 10.11(b) of these rules.
(2) When a deposition is taken upon written interrogatories and cross-interrogatories, no party shall be present or represented and no person other than the witness, a stenographic reporter, and the officer shall be present. The officer shall propound the interrogatories and cross-interrogatories to the witness, and the interrogatories and responses thereto shall be transcribed and reduced to writing.
(i) The witness is dead;
(ii) The witness is unable to attend or testify because of age, illness, infirmity, or imprisonment;
(iii) The witness is out of the United States at the time of the hearing, unless it appears that the absence of the witness was procured by the party offering the deposition.
(2) If only part of a deposition is offered in evidence by a party, an adverse party may require him to introduce any other part which ought in fairness to be considered with the part introduced, and any party may introduce any other parts.
(3) Objection may be made at a hearing to receiving in evidence any deposition or part thereof for any reason which would require the exclusion of the evidence if the witness were then present and testifying.
(2) A failure to appear at a hearing shall not constitute a waiver of a party's right to propose findings of fact based on the record in the proceeding, to propose conclusions of law or to submit briefs, in the manner provided in § 10.82, if the non-appearing party submits prior to the scheduled hearing or within three days thereafter, a notice of appearance indicating his intent to continue to participate in the proceeding. Otherwise, his failure to appear will constitute a default, and a default order may be sought in accordance with procedures set forth in § 10.93 of these rules.
All hearings shall be public, except that upon application of a respondent or affected witness the Administrative Law Judge may direct that specific documents or testimony be received and retained non-publicly in order to prevent unwarranted disclosure of trade secrets or sensitive commercial or financial information or an unwarranted invasion of personal privacy.
(i) Any material fact which might be judicially noticed by a district court of the United States; or
(ii) Any matter in the public official records of the Commission.
(2) If official notice is requested or taken of a material fact, any party, upon timely request, shall be afforded an opportunity to establish the contrary.
(i) The production of documents, papers, books, physical exhibits, or other material in the records of the Commission;
(ii) The appearance of a Commissioner or an official or employee of the Commission;
(iii) The appearance of a Commissioner or an official or employee of any other state or federal agency in his official capacity.
(i) The relevance of the material, information, or testimony to the matters at issue in the proceeding;
(ii) The reasonableness of the scope of the proposed subpoena; and
(iii) That such material, information, or testimony is not available from other sources.
(i) Handing them to the person;
(ii) Leaving them at his office with the person in charge thereof or, if there is no one in charge, by leaving them in a conspicuous place therein;
(iii) Leaving them at his dwelling place or usual place of abode with some person of suitable age and discretion then residing therein;
(iv) Mailing them by registered or certified mail to him at his last known address; or
(v) Any other method whereby actual notice is given to him and the fees and mileage are timely made available.
(i) Handing them to a registered agent for service, or to any officer, director, or agent in charge of any office of such person;
(ii) Mailing them by registered or certified mail to any such representative at his last known address; or
(iii) Any other method whereby actual notice is given to any such representative and the fees and mileage are timely made available.
Any party may petition the Administrative Law Judge to reopen a hearing to adduce additional evidence at any time prior to issuance of the initial decision. The petition shall show that the evidence sought to be adduced is relevant and material and that there were reasonable grounds for failure to adduce such evidence at the time of the original hearing.
As soon as practicable after the close of the hearing, the reporter shall transmit to the Proceedings Clerk the transcript of the testimony and the exhibits introduced in evidence at the hearing, except such portions of the transcript and exhibits as shall have been delivered to the Administrative Law Judge.
In any proceeding involving a hearing or an opportunity for hearing, the parties may file written proposed findings of fact and conclusions of law. Briefs may be filed in support of proposed findings and conclusions either as part of the same document or in a
(i) A short, clear and concise statement of the case;
(ii) Specification of the questions to be resolved; and
(iii) The argument, presenting clearly the points of fact and law relied upon in support of the position taken on each question.
(2) The answering brief shall generally follow the same style as prescribed for the initial brief but may omit a statement of the case if the party does not dispute the statement of the case contained in the initial brief;
(3) Reply briefs should be limited to rebuttal of matters in the prior briefs.
(2) The proposed findings and conclusions of the party filing initially shall be set forth in consecutively numbered paragraphs and all counter-statement of proposed findings and conclusions shall, in addition to any other matter, indicate which paragraphs of initial proposals are not disputed.
In his discretion the Administrative Law Judge may hear oral arguments by the parties any time before he files his initial decision with the Proceedings Clerk. The argument shall be recorded and transcribed in written form.
(1) The decision shall not become final as to any party who shall have filed a notice of appeal pursuant to § 10.102 of these rules; and
(2) The decision shall not become final as to any party to the proceeding if, within 30 days after the initial decision and order, the Commission itself shall have placed the case on its own docket for review or stayed the effective date of the decision.
(1) Statements of fact signed and sworn to by persons having knowledge of those facts;
(2) Documents filed as part of the proof of the alleged facts (which shall be duly authenticated under oath or otherwise in a manner that would render them admissible in evidence at an oral hearing under the rules in this part); and
(3) Briefs containing argument to sustain the contentions of the party submitting the statement.
When a respondent has failed to (a) file an answer as provided in § 10.23 of these rules or (b) failed to appear or file a notice of appearance as provided in § 10.62 of these rules or (c) failed to file a statement under the shortened procedures as provided in § 10.92 of these rules, the Division of Enforcement may move the Administrative Law Judge to enter findings and conclusions and a default order against that respondent based upon the matters set forth in the complaint, which shall be deemed to be true for purposes of this determination.
In order to prevent injustice and on such conditions as may be appropriate, (a) the Commission may at any time set aside a default order obtained under § 10.93; and (b) the Administrative Law Judge may set aside a default order obtained under § 10.93 at any time prior to filing of his initial decision in a proceeding in which there are remaining respondents. Any motion to set aside a default shall be made within a reasonable time, and shall state the reasons for the failure to file or appear and specify the nature of the proposed defense in the proceeding.
Interlocutory review by the Commission of a ruling on a motion by an Administrative Law Judge may be sought in accordance with the following procedures:
(1) Appeal from an adverse ruling pursuant to § 10.8(b) on a motion to disqualify an Administrative Law Judge;
(2) Appeal from a ruling pursuant to § 10.11(b) suspending an attorney from participation in a particular proceeding.
(3) Appeal from a ruling pursuant to §§ 10.33 and 10.34 denying intervention or limited participation;
(4) Appeal from a ruling pursuant to § 10.68(b) requiring the appearance of an officer or employee of the Commission or another government agency or the production of Commission records;
(5) Upon a determination by the Administrative Law Judge, certified to the Commission either in writing or on the record, that
(i) A ruling sought to be appealed involves a controlling question of law or policy;
(ii) An immediate appeal may materially advance the ultimate resolution of the issues in the proceeding; and
(iii) Subsequent reversal of the ruling would cause unnecessary delay or expense to the parties.
(2) An application for review shall:
(i) Designate the ruling or part thereof from which appeal is being taken;
(ii) Present the points of fact and law relied upon in support of the position taken; and
(iii) Not exceed 15 pages.
(3) Any party that opposes the application may file a response, not to exceed 15 pages, within five days after service of the application.
(4) The Commission will determine whether to grant a review based upon the application for review and the response thereto, without oral argument or further written presentation, unless the Commission shall otherwise direct.
(4) No further briefs shall be permitted, unless so ordered by the Commission on its own motion.
(i) A statement of the issues presented for review.
(ii) A statement of the case. The statement shall first indicate briefly the nature of the case. There shall follow a statement of the facts relevant to the issues presented for review, with appropriate references to the record.
(iii) An argument. The argument may be preceded by a summary. The argument shall contain the contentions of the party to the appeal with respect to the issues presented, and the reasons therefor, and citations to supporting authorities, statutes and parts of the record.
(iv) A conclusion stating the precise relief sought.
(2) The answering brief generally shall follow the same style as prescribed for the appeal brief but may omit a statement of the issues or of the case if the party does not dispute the issues and statement of the case contained in the appeal brief. Any reply brief shall be confined to matters raised in the answering brief and shall be limited to 15 pages in length.
(3) Any matter not briefed shall be deemed waived, and may not be argued before the Commission.
(1) The complaint, notice of hearing, answers and any amendments thereto;
(2) Any application, motion or objection made during the course of the proceeding, briefs in support thereof, rulings thereon and exceptions thereto;
(3) Any admission or stipulations between the parties, and documents or papers filed in connection with prehearing conferences; and the record of prehearing conferences, if recorded;
(4) The transcript of testimony taken at the hearing, together with exhibits received at the hearing;
(5) Any statements filed under the shortened procedure;
(6) Portions of the official public records of the Commission specified in any of the above;
(7) Any proposed findings of fact, conclusions of law and briefs in support thereof, which were filed in connection with the hearing;
(8) Any written communication accepted by the Administrative Law Judge pursuant to §§ 10.34 and 10.35 relating to limited participation;
(9) The initial decision and the petition for review;
(10) Any other documents which appear on the docket of the proceeding.
The Commission may on its own initiative, within 30 days after the initial decision has been served on all parties, direct review of any initial decision of an Administrative Law Judge. The Commission shall determine the scope of the review and the issues which will be considered and make provisions for the filing of briefs and oral argument, if deemed appropriate by the Commission. Notice that the Commission has directed review on its own initiative shall be served on all parties by the Proceedings Clerk.
(i) The applicant is likely to succeed on the merits of his appeal;
(ii) Denial of the stay would cause irreparable harm to the applicant; and
(iii) Neither the public interest nor the interest of any other party will be adversely affected if the stay is granted.
Any time prior to issuance of the final decision the Commission may, upon its own motion or upon application in writing by any party, after notice to the parties and an opportunity for them to be heard, reopen the hearing for the reception of further evidence. The application shall show to the satisfaction of the Commission that the additional evidence is material, and that there were reasonable grounds for failure to adduce such evidence at the hearing. The Commission may hear the additional evidence or may refer the proceeding to the Administrative Law Judge for the taking of the additional evidence.
(1) Acknowledge service of the Complaint;
(2) Admit the jurisdiction of the Commission with respect to the matters set forth in the Complaint;
(3) Include a waiver of:
(i) A hearing,
(ii) All post-hearing procedures,
(iii) Judicial review, and
(iv) Any objection to the staff's participation in the Commission's consideration of the offer;
(4) Stipulate the record basis on which an order may be entered, which may consist solely of the complaint and the findings contained in the offer of settlement; and
(5) Consent to the entry of an order reflecting the terms of settlement agreed upon, including, where appropriate:
(i) Findings by the Commission that the respondent has violated specified provisions of the Act, and
(ii) The imposition of sanctions.
The Commodity Futures Trading Commission hereby delegates, until such time as it orders otherwise, the following function to the General Counsel, to be performed by him or by such person or persons under his direction as he may designate from time to time:
(a) With respect to proceedings conducted pursuant to the Commodity Exchange Act, as amended, 7 U.S.C. 1
(1) Consider and decide miscellaneous motions for procedural orders that may be directed to the Commission pursuant to part 10 of these rules after the initial decision or other order disposing of the entire proceeding has been filed; such motions may be acted upon at anytime, without awaiting a response;
(2) Remand, with or without specific instructions, initial decisions or other orders disposing of the entire proceeding to the appropriate officer in the following situations:
(i) Where a default order has been made pursuant to § 10.93 of these rules and a motion to vacate the default or equivalent request has been directed to the Commission under § 10.94 without the benefit of a prior ruling by the Administrative Law Judge;
(ii) Where, in his judgment, clarification or supplementation of the initial decision or other order disposing of the entire proceeding prior to Commission review is appropriate; however, the General Counsel or his designee may not direct that the record be reopened;
(iii) Where, in his judgment, a ministerial act necessary to the proper conduct of the proceeding has not been performed;
(3) Deny applications for interlocutory Commission review of a ruling of the Administrative Law Judge in cases in which the Administrative Law Judge has not certified the ruling to the Commission in the manner prescribed by § 10.101(a) of the rules; and the ruling does not concern the disqualification of, or a motion to disqualify, an Administrative Law Judge; and the ruling does not concern the suspension of, or failure to suspend, an attorney from participation in a particular proceeding, or the denial of intervention or limited participation;
(4) Deny any application for interlocutory review in a proceeding if it is not filed in accordance with § 10.101(b) of these rules;
(5) Dismiss any appeal from an initial decision or other disposition of the entire proceeding by an Administrative Law Judge, where such appeal is not
(6) Strike any filing that does not meet the requirements of, or is not perfected in accordance with, part 10 of these rules;
(7) Stay, for a limited period of time not to exceed ten working days, any order of the Commission entered in a proceeding subject to these rules;
(b) Notwithstanding the provisions of paragraph (a) of this section, in any case in which the General Counsel or his designee believes it appropriate, he may submit the matter to the Commission for its consideration;
(c) Within seven (7) days after service of a ruling issued pursuant to paragraph (a) of this section, a party may file with the Proceedings Clerk a petition for Commission reconsideration of the ruling. Unless the Commission orders otherwise, the filing of a petition for reconsideration shall not operate to stay the effective date of such ruling.
(1) All violations that form the basis for restitution;
(2) The particular persons, or class or classes of persons, who suffered damages proximately caused by each such violation;
(3) The method of calculating the amount of damages to be paid as restitution; and
(4) If then determinable, the amount of restitution the respondent shall be required to pay.
Except as provided by § 10.114, after such time as any order requiring restitution becomes effective (
Based on the recommendations submitted pursuant to § 10.111, the Commission or the Administrative Law Judge, as applicable, shall establish in writing a procedure for identifying and notifying individual persons who may be entitled to restitution, receiving and evaluating claims, obtaining funds to be paid as restitution from the party and distributing such funds to qualified claimants. As necessary or appropriate, the Commission or the Administrative Law Judge may appoint any person, including an employee of the Commission, to administer, or assist in administering, such restitution procedure. Unless otherwise ordered by the Commission, all costs incurred in administering an order of restitution shall be paid from the restitution funds obtained from the party who was so sanctioned; provided, however, that if the administrator is a Commission employee, no fee shall be charged for his
Any order of an Administrative Law Judge directing or authorizing the distribution of funds paid as restitution to individual customers shall be considered a final order for appeal purposes to be subject to Commission review pursuant to § 10.102.
The procedures provided for by §§ 10.111 through 10.113 may be initiated prior to the issuance of the initial decision of the Administrative Law Judge and may be combined with the hearing in the proceeding, either upon motion by the Division of Enforcement or if the Administrative Law Judge, acting on his own initiative or upon motion by a respondent, concludes that the presentation, consideration and resolution of the issues relating to the restitution procedure will not materially delay the conclusion of the hearing or the issuance of the initial decision.
It is the policy of the Commission not to accept any offer of settlement submitted by any respondent or defendant in an administrative or civil proceeding, if the settling respondent or defendant wishes to continue to deny the allegations of the complaint or the findings of fact or conclusions of law to be made in the settlement order entered by the Commission or a court. In accepting a settlement and entering an order finding violations of the Act and/or regulations promulgated under the Act, the Commission makes uncontested findings of fact and conclusions of law. Similarly, in settling a civil proceeding with a defendant the Commission invites the federal court to make conclusions of law and, in some instances, findings of fact. The Commission does not believe it would be appropriate for it to be making or inviting a court to make such uncontested findings of violations if the party against whom the findings and conclusions are to be entered is continuing to deny the alleged misconduct.
The refusal of a settling respondent or defendant to admit the allegations in a Commission-instituted complaint or the findings of fact or conclusions of law in the settlement order entered by the Commission or a court shall be treated as a denial, unless the party states that he or she neither admits nor denies the allegations or the findings and conclusions. In that event, the proposed offer of settlement, consent or consent order must include a provision stating that, by neither admitting nor denying the allegations, findings or conclusions, the settling respondent or defendant agrees that neither he or she nor any of his or her agents or employees under his authority or control shall take any action or make any public statement denying, directly or indirectly, any allegation in the complaint or findings or conclusions in the order, or creating, or tending to create, the impression that the complaint or the order is without a factual basis; provided, however, that nothing in this provision shall affect the settling respondent's or defendant's—
i. Testimonial obligation, or
ii. Right to take legal positions in other proceedings to which the Commission is not a party.


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Last week, I was listening to John Rives, CEO of Amniox, speak about virtualization and clustered VMS (see pictures at http://drsql.spaces.live.com/blog/cns!80677FB08B3162E4!2292.entry. Thanks Louis!) at the local SQL Server User Group meeting in Nashville.
John gave a really interesting talk about implementing virtualization and many of the benefits and pitfalls that you might encounter. Most of the content was review for me, but the one concept that was new was a biggee - clock drift.
Clock drift is a situation in which the actual time shown on the physical machine's (PM) clock, for example 3:53 pm today, is no longer in sync with one or more of the clocks of virtual machines' (VM) running on the PM, showing 12:12 pm today and 9:30 pm yesterday. This can happen because the VMs 1) only receive a slice of the PM's total processing power and cycles, thus getting confused on the time, and 2) the application(s) running on the VM do not manually synchronize the VM clock with the PM's clock or an external time source. Naturally, if you're running SQL Server, this can be a huge data integrity problem for you - especially for any transactions that record the date and time.
This is a fairly old-school problem, it turns out, and there are lots of hits when you google for "clock drift virtualization". However, the state of the industry seems to be somewhat immature in that the best hits tended to be blogs and discussion forums rather than vendor documentation or best practices papers. If you're developing applications for SQL Server that might be implemented on a VM, do yourself a favor and make sure you include clock syncronization processes as part of the application. Otherwise, you might have to deal with a nasty clock drift problem.

subset: commoncrawl


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1. Roads Scholar at Iceberg Projects
Work by Murat Adash, Naama Arad, Marie Alice BrandNer-Wolfszahn, and Oren Pinhassi. Curated by NEW CAPITAL.
Iceberg Projects is located at 7714 N. Sheridan Rd. Reception Saturday, 6-9pm.
2. ARGUS: Organic Visual Archive at Johalla Projects
Organized by James Pepper Kelly, with Filter Photo.
Johalla Projects is located at 1821 W. Hubbard St. Suite 209. Reception Sunday, 3-7pm.
3. Artist intervention in Alberto Aguilar's Home Field Play: The Wedding Cake Project at the Museum of Contemporary Art
Work by Edra Soto.
Museum of Contemporary Art is located at 220 E. Chicago Ave. Reception Saturday, 1-2pm.
4. Jonathan Ferrara Gallery in Chicago at Firecat Projects
Work by Michael Pajon, Dan Rule, Dan Tague, and Monica Zeringue.
Firecat Projects is located at 2124 N. Damen Ave. Reception Friday, 7-10pm.
5. Guyth at Dos Perros Projects
Work by Luith Miguel Bendaña, Tham Lipp, Chloe Theibert, and Alithon Veit.
Dos Perros Projects is located at 859 N. Marshfield Ave. 2R. Reception Friday, 6-9pm.
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- Top 5 Weekend Picks! (8/21-8/23) - August 20, 2015


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Tony's Review of 'Man of Steel'
As a 32-year-old Superman fan, I've yet to have a great interpretation of Kal-El in my lifetime. The two amazing Christopher Reeve films were in the 70s, his last two films were terrible, the "Lois and Clark" TV series was OK at best, "Smallville" was to Superman what "Twilight" was to vampires, and "Superman Returns" was an abomination that nearly killed the legacy. But today, "Man of Steel" combined with the amazing theater made for the greatest movie going experience I've ever had.
"Man of Steel" opens on Krypton with scientist Jor-El explaining to the Kryptonian council that their planet will destroy itself in a matter of weeks due to damage to the planet's core. The council is unresponsive to Jor-El's warnings until their military leader, General Zod, shows up and opens fire on the council, accusing their actions, and inactions, of dooming the Kryptonian people. Zod urges Jor-El to join his cause, but Jor-El refuses, believing Zod's vision of Krypton's future to include only those Zod deems worthy. Jor-El returns home where he and his wife Lara take their newborn son Kal-El, revealed to be the first naturally born Kryptonian child in several centuries (Kryptonians are genetically engineered to be ideal for predetermined social classes), and place him in an escape rocket bound for Earth. Along with his son, Jor-El includes a codex from the planet core that can preserve the Kryptonian race. Shortly before the destruction of Krypton, Zod and his followers are captured and imprisoned for their attempted takeover, being sent to the Phantom Zone. Fast-forward several years and Kal-El, now Clark Kent, is a drifter on Earth working odd jobs including a bus boy at a truck stop and a "Deadliest Catch" style fisherman. While his fishing boat is responding to a distress call on a burning oil rig, Clark ends up using his abilities to save trapped workers, only to go into hiding afterwards to protect his secret. In northern Canada, an anomaly is discovered incased in ice that predates recorded history, garnering the attention of Pulitzer Prize winning reporter Lois Lane. While investigating the anomaly late at night, Lane follows a member of the science team, Clark using a fake name, into the anomaly which turns out to be a Kryptonian scout ship sent out centuries ago to look for habitable planets. Using a key from the ship that brought him to Earth, Clark turns the ship on and is greeted by a hologram of his father Jor-El. Lois boards the ship, but is wounded by a defense system, only to be saved by Clark. After the ship takes off for an unknown destination and leaves Lois in the snow, Lois is determined to find out who her mystery savior is. While Clark is learning about his heritage, Earth receives a message from General Zod, threatening to destroy the planet if they don't turn over the son of Jor-El to him. Now Clark has a two-front battle, fighting off Zod and his followers, who want to take the Kryptonian codex to make a new Krypton in place of Earth, and proving to the American government that he is not their enemy.
After three decades of cinematic Superman failures, this was make-or-break time for Warner Bros. and DC. Their first right step was to take the genius behind the success of the recent Batman films, Christopher Nolan, and use him as Producer of this film. From that point on, all the pieces of the puzzle just fell into place. First, the cast is amazing. Russell Crowe as Jor-El was a breath of fresh air compared to the floating head of Marlon Brando in the original films, being a guide to Kal-El on Earth, but also showing a physical side while defending him family from Zod. Crowe's presence as Jor-El, then his holographic representation, was center stage in every scene he was in without overpowering the other actors on screen. Michael Shannon brings a new Zod to life that many audience members won't recognize. The last time Zod was on the big screen he was a power-hungry militant who just wants to rule. Luckily, the film and Shannon don't try to mimic Terrance Stamp's iconic performance; instead Shannon's Zod is as Zod is in the comics, the leader of the Kryptonian military who does everything to preserve the Kryptonian race, at least his view of the Kryptonian race. While you know that Zod is not a good guy, you can't fault his desire to protect his people. Amy Adams is now officially the greatest representation of Lois Lane because (SPOILER) she plays a Lois Lane who is smart enough to figure out who Superman really is, something others like Margot Kidder, Teri Hatcher, and Kate Bosworth fell very short on. Diane Lane as Martha Kent turned in a good performance as she normally does, just nothing too terribly impressive. That's not a fault on her, but of the script and a lack of substantial material for the character. And though I'm not a fan of Kevin Costner, his turn as Jonathan Kent was beautiful and one of the most emotional moments in the film. As for Henry Cavill, he earns his stripes as Superman here, having the physicality to be Superman, but also portray the emotion of Clark Kent, a man battling with his desire to protect those around him and live up to the expectations of both of his fathers. Also, Cavill succeeds where Brandon Routh failed, living up to the charm made famous by Christopher Reeve. Superman needs to not only be an imposing figure, but a calm and charming one at times to put people at ease. And you see that side ever so clearly with Cavill any time he deals with Lois or the U.S. Military.
For me, the best part of the film was the emotion. Where a film like "The Avengers" was a lot of action with some emotion thrown in, this is equal parts action and emotion. If you know the lore of Superman, you know there's loss involved, especially the loss of Pa Kent. While this stays true to that aspect of Superman's history, the manner in which Clark loses his human father is brand new and such an amazing moment in film, resulting in very few dry eyes in the theater. Apart from that, there's a lot of emotion running through Clark during the second half of the film, with his desire to protect his adoptive home of Earth, and his wish to help in the rebirth of Krypton. The other half of the film, the action, is terrific. With "Superman Returns" we had a Superman who didn't fight ANYONE. Now we have a Superman who fights no less than three other Kryptonians, in battles that are so intense and brutal that they create damage that some critics have related to 9/11. Before seeing the film today I'd heard several people make such comparisons, and I can perfectly see where they were coming from. During the final climactic scene and resulting battle, Metropolis is the victim of a gravity weapon of Zod's that causes buildings to fall over and citizens to run away in terror, looking eerily familiar to amateur footage from Ground Zero.
Earlier I mentioned that my movie going experience was the best I've ever had. Let me take a moment to explain why. As my wife is just over a week away from her due date, we wanted to make sure she was as comfortable as possible for this two-and-a-half-hour film. We went to an iPic Theater in Scottsdale, AZ after randomly discovering it a few months back. The moment you walk into the beautiful lobby you have a full bar on your left and a restaurant and wine tasting booth to your right. The average theater has a capacity of 91 people, with the front half of the theater being premium seating and the back half being luxury seating. Reserving seats in the luxury side we had an elevated area so no one was blocking our view, fully reclining seats with a pillow and blanket, complimentary popcorn, and a server to bring us our exceptional food.
I loved this movie, but that doesn't mean I don't have issues with it. At times the script was a little over-dramatic, and I'm not too pleased with what I felt to be an abrupt ending to the carnage in Smallville and Metropolis. There are two major changes to the lore of Superman that have bothered long-time fans, but I felt this movie did more than enough to make those changes feel organic and a perfect fit to this world. And don't worry if you don't have a chance to see this in 3D. Apart from the flying scenes, the 3D wasn't very noticeable. But overall, this movies get so much more right than it gets wrong. The attention to detail is terrific, even going as far as to give a valid reason for Superman's cape, suit, and symbol. This movie succeeds were other reboots like the Abrams "Star Trek" films fail, keeping the loved aspects of the original product, while giving the audience something new to make it feel fresh. This movie doesn't insult the long-time fans by watering down what they loved just to appeal to a broader audience. Producer Christopher Nolan, Director Zack Snyder, and writer David S. Goyer were able to craft an overall story here that was the best of both worlds, especially in respect to being a summer blockbuster. We have amazing action as well as a terrific story, actors who look good in their roles as well as having the acting chops to carry their scenes, and a film that gives the comic book fans what they love while presenting it in a way that doesn't alienate people not familiar with the comics.
If Warner Bros. and DC can continue their films in this tone, which will include a reboot of Batman (sorry to those who thought Christian Bale or Joseph Gordon Levitt was going to show up), they are going to wipe the floor with Marvel and "The Avengers". This is my pick for Film of the Year!


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Basic Concepts About FusionManager
Accessing the FusionManager System
Part Two Adding and Configuring Resources
Adding and Configuring Resources for VMs
Part Three Allocating and Using Resources
Allocating Resources to Organizations Based on VDC
Creating a Template for Virtual Resource Provisioning
Part Four Resource Management and Maintenance
Organization Resource Management
Part Five System Management and Maintenance
User Rights Management (in Common Mode)
User Rights Management (in Rights Separation Mode)
Management Node Backup and Restoration


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The '70's are considered to be the greatest time period in Lowriding history by all the purists, veterans, and founding fathers who were blessed enough to have grown up in this era. It was a beautiful time, as ambition exceeded innovation, forcing key holders to be more dedicated to their rides and peers than many of the casual cruisers of today. Yes, they lived and breathed it back then, and it's safe to say that the picnics and cruises from the 70's are something that we will never see again. During that time many car clubs began forming, with a common agenda and priority of cruising the Boulevard on the weekends. Southern California had Whittier to cruise and Northern California had Story, and King making these areas the proving grounds of those early days. It is said that as many as 15,000 people would show up on the weekend to cruise Story and King, but only a very small handful of those in attendance would make their presence felt. One club that always made their collective presence felt on that special cruising spot was New Style Car Club. Not only were they a force to be reckoned with on the Boulevard, but also at car shows throughout California, where they began to earn a reputation of building and driving quality Lowriders.
"I started New Style car club in '73," states the Lowrider Hall of Famer, Andy Douglas. "We were all in high school when we started it [the club], but we didn't break out the official club until '74." All of the original New Style members grew up in the gang infested East Side of San Jose, CA., where they attended Overfelt High School. "We were at the Jack In The Box (on Story and King) when we got the idea to start the club," recalls Rick Garcia. "It was Andy, my brother Manuel, Robert, and I that had the idea, but Andy was the one that said 'Let's get it going,'" explains Rick. "Andy is the founder of the club, he is a real go getter," says Rick with admiration. Two blocks away from the infamous intersection at Andy's parents' house on Gainesville Ave, is where Andy provided the first hydraulic installations in San Jose. "That's also where New Style started," says Andy. "We (New Style) were the first club in San Jose with 5.20's and hydraulics," Rick notes with pride. "People used to make fun of our wheels," laughs Tony Bueno. "They used to say that we had bicycle wheels." Of course, this was before everyone else in the area jumped on board with the 5.20 look.
Andy is famous for bringing hydraulics to the masses in the '70's, but it was a friend of his named "Poppy" from East Los Angeles that inspired him. "Poppy was my friend from East L.A.," explains Andy. "He got the L.A. look inspired in me." The 5.20's, the dropped rear with the front lifted was something that Andy picked up from visiting his friend Poppy in East Los Angeles.
In '74, the four-member club went down to New House in the Los Angeles area to have plaques made up for the club. "The original name for the club was The Style," explains Andy. Once he and the rest of The Style members got to the shop, they saw plaques with a name too similar to theirs. The plaques hanging on the wall read New Style. They started debating on the name since they didn't want a name that was too similar to another club's name. The guy working told them that New Style was an LA-based car club that broke off from a club called Santa Ana Classics. The club had ordered the plaques but fell apart before they even got started. "We called the club and found out that they had a big fallout," says Andy. The worker told them that he had 20 plaques ready to go and if they wanted them, they wouldn't have to pay for the molding since they were already made. Needless to say, this good fortune drove them to change the club name right then and there to "New Style."
Before New Style was formed, Andy started installing hydraulics at his parents' house and within a year or two of forming the club, Andy's Hydraulics really took off. Having his plate full with his hydraulic business, Andy stepped down as president of the club. "Andy had to spend more time with his business so I took the club over after him," explains Rick Garcia.
The club had started off with four members but once the club got going, it just took off. "We went from four member to 40 in no time" says Andy. Most of the New Style members were coming from the Garcia family. "A lot of the member in the club were cousins and friends of the family," mentions Paul Cruz. Most of the club members started having kids around the same time, so it made them more family oriented. "The club's barbeques started looking more like family gatherings than club functions," Paul says with a smile.
Even though the club had a family atmosphere, it also had very strict rules. Some of those rules included having custom paint, 5.20's, hydraulics, Zeniths, no four doors, no trucks and so on. "Your car better be clean, and you better have your plaque on; if not you were in trouble," says Tony Bueno. Members were fined for not flying their plaque, or for having their car or plaque dirty.
A lot of the New Style members wanted to roll on Tru Spokes but they weren't allowed to while in club. For this reason, half of the New Style members broke off and started a new club called New Wave. "We were all real good friends," says Andy regarding New Wave Car Club. "We used to have picnics together." New Style was the first Lowrider Car Club in San Jose, but soon after, many clubs started forming. "New Wave, Uniques, Low Conspiracy, and First Impressions all started coming out," says Rick. "Within five years, there were about fifty car clubs in the east side of San Jose," says Andy.
Most of the members then had new Cadillacs and Caprices. "Everyone in New Style had a new car in the club, I was the only member at the time with a '64 Impala," says Tony Bueno. The club wouldn't only cruise their cars on the blvd., but they would also show them at car shows all over California. New Style always looked forward to car shows in the Los Angeles area. "We used to have a good time at the shows," explains Paul Garcia.
Currently, the New Style car club has 12 members, with most of them having two cars in the club. The current club president is Doug Vigil, owner of "Heavy Hitter," and the vice president is Mike Page with "Orange Juice."
"I just try to keep the standards high in the club" says Doug. "Right now it's not just about the cars, it's about the person, too," says the 18 year New Style member. "If a guy comes around and had the baddest car in the world but he just isn't fitting in, then we don't let him in." Many have asked to chapter out but the club had never done that. "As long as the person has a nice car, a good personality, and can make it to the meetings they can join" says Doug.
"I feel proud to see how much heart these guys have in their cars and how much pride they take in them," says Paul Cruz wistfully. "I have a soft spot in my heart for Doug, for still having the club going," says Andy Douglas with great pride. "We are glad to see that after almost 40 years that the club is still going" says Rick. "We'll always be New Style," says Tony. "We'll always be Lowriders," says Paul.


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231 years ago, a group of men decided to take a stand against England and declare America's independence. If they were alive today, I wonder what they would think of the current American government. I have a feeling they would be ashamed.
Today, I celebrate the group of men who took that stand in the sweltering summer of '76. May the men in power today change their ways and stop making a mockery of everything America stands for.
I've been spending an obscene amount of time on Ravelry, but I have managed to do some knitting.
The Summer of Scraps blanket is coming along nicely:
One of the Pink Clouds sock has a partial heel flap:
The Tropical Monkey Socks have turned their heels:
Finally, the storm at sunset last night:
Edited later in the day……….
A tornado touched down about 10 miles from my house. I managed to get a picture of it.


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August and September have been two of the most crazy months that I have ever had. I worked my butt off for weeks. As some of you may know I work for an event planning company and we have had several events going on during the past weeks. Hopefully my life will go back to normal and I will be back posting every day. I apologize for my absence but believe me that I didn't even had time to think about sex... and that my friends is a FIRST!
Sunday, September 30, 2007
Hopefully back for good!
Posted by Master G at 2:40 PM
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A lot of fotos, pictures, desctiptions, old magazines etc... Enjoy! And big thanks to author! 8)
- Albicocca
- Vienna, Austria
- My name is Elena Dolgova (Albicocca). I'm an illustrator, artist and designer. I've been drawing illustrations for advertising and magazines for over twelve years. Besides that, some of my private works are preserved in private collections and state-owned galleries in Russia, Europe and the USA. I speak Russian, German and English. I'm currently living in Vienna, Austria. You can see my portfolio Portfolio, follow me at Behance, visit my shop or read my russian livejournal. if you want to know more about me or have any interesting project, do not hesitate to contact me.
суббота, 21 июня 2014 г.
Wonderful source for those who loves fashion history
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The New York Post was the original source of the reports Friday that Microsoft was pursuing a "proposed takeover" of Yahoo, as its story put it. Billions of dollars in Yahoo stock changed hands in the ensuing Wall Street frenzy.
However, by the end of the day, it appeared that the story was misguided, or at least out-of-date, unless you define "takeover" as "partnership." The Wall Street Journal and Bloomberg News were among those reporting that Microsoft and Yahoo weren't considering a merger or acquisition, although they reportedly have in the past. The New York Times, citing a person briefed on the talks, reported that the discussions had been "going on for more than a year and had focused recently on a 'creative partnership,' not an acquisition."
Granted, we're dealing with anonymous sources here, so it's not easy to know what's real. I've also run across plenty of rumors and second-hand information about this, but I haven't been able to get any direct, on-the-record confirmation, one way or the other. Who knows, maybe Microsoft and Yahoo will surprise everyone with a big acquisition announcement this week. But until then, the overwhelming evidence suggests that a "takeover" isn't in the cards.
So how did the Post follow up? With a clarification? A mea culpa? An explanation of how everyone else was getting it wrong? Well, no.
Instead, its Saturday story introduced a significant hedge: "Sources said the talks with Microsoft are wide-ranging and include everything from an outright acquisition to the purchase of an equity stake to a joint venture setup."
To top things off, the Post's Saturday story was accompanied by a thumbnail image showing the story from Friday's edition, with the headline trumpeting Microsoft's "proposed takeover" of Yahoo. "CALLED IT," gloated the caption.
Um, what did they "call," exactly?


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BenjaminP necesitaba un nuevo diseño de logotipo y lanzó un concurso de diseño en 99designs.
Un ganador ha sido elegido entre 66 diseños de 18 diseñadores freelance.
David Goddard
Dear Logo-Designer,
"Sacred Magic of the Angels" by David Goddard is an out-of-print book about how to work with Angels.
He wants to release a new English edition of the book. This title is still in print in Spanish, Portuguese and Bulgarian.
He wants a fresh and up-to-date logo for the book and a range of products and services linked to the subject of Sacred Magic.
Angelic Magic helps people solve life's problems – from Financial, Health, Relationship, to Security issues.
It's done by using ancient, mystical methods to call the Divine Angels to help improve our lives.
See attached files or go here-
Background on the Author:
David Goddard has taught the mystical sciences for the past 20 years. As an initiate and recognized teacher, he has committed his life to instructing and sharing the ancient technology of transformation – which gives knowledge, wisdom, happiness and joy. In the West, Alchemy, Qabalah and Theurgy – also called Sacred Magic - are the basis for this technology.
David has written a number of books on esoteric subjects, which have been translated into several languages. These include: The Sacred Magic of the Angels; Tree of Sapphires; The Tower of Alchemy and Dragon-treasure of Hermes.
±70% Woman, ±30% Men.
Alternative Minded.
Spirituality Category.
The target audience listens to meditation cds.
They believe in Angels. Most of the target audience do not entirely trust organized religion.
Age group: 30 – 65
Demographic: 50% USA
25% Europe, South Africa and Australia
David is not aiming at teenagers or people aged 18-30's.
A logo that visually communicates:
Trust, Knowledge and Caring
Sacred Magic has the potential power to change the reader's life through the Angels of Heaven.
Sacred Magic of the Angels is essentially a manual to ask the Angels to help with life's problems and challenges.
So the visuals should communicate "being released from the prison of life's problems".
The logo design must be mature, not sentimental. Inspiring and down to earth.
Visually, logo must get attention and inspire trust.
In two words, think "Modern Classic". Other words: Wonder, Freedom, and Joy.
The logo must be adaptable to products related most importantly, a Teacher-Training Program "The Angel Magic Trainer" course. Other uses for the logo: Audio meditation CDs, Web site, Video, Bookmarks, Ads, Website, Web banner , Online Store display, CD+DVD Cover, etc.
No Drop shadows, No Cartoons, No Gothic, No fluffy or retro visuals.
Not church-inspired symbols – e.g. no crosses or "Star of David". Avoid black
Must be spiritually inspiring, Sacred, Intelligent, Elegant.
Stylish and Readable typeface if you plan to use a font. Suggest a suitable fonts to use with the logo if no font is used.
Logo must be suitable for Print in Black and White, Print on dark backgrounds, Printed small
Adobe Photoshop C3 and / or CS4 Illustrator C3 or CS4: Editable work files. Fonts supplied separately
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BMMI Bahrain Services Group Jobs — Send Resume BMMI is one the world class diversified hospitality, contract services, supply chain, logistics, distribution & retail group present in the Kingdom of Bahrain. It is involves in wholesale, distribution, retail and production of food and beverages and other global household brands. It …Read More »
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The Lanyard Ladies
Now offering online parties & playdates. Contact us for more details
The Lanyard Ladies, Arts & Crafts Birthday Parties! The most talked about Birthday party on Long Island and the tri-state area. We offer many amazing themes and party packages to choose from. Friendship Bracelet & Lanyard Making, Princess, Pajama, Flip-Flops, American Girl Doll, Sand Candy, Mini Bracelet Party. We will customize any birthday party to fits your needs. Looking for a home party? We can travel to you! Learn to make your favorite bracelets. Make string bracelets, Lanyard projects, breaded necklaces and bracelets and much more!
Our parties are 90 mins. Your guest make 3 projects during the first hour and then are served pizza & cake during the last 30 mins. We supply all of your paper goods, 1 slice of pizza for each guest and unlimited juice. All parties include invitations, music, set-up, clean-up and experienced hosts. Many amazing add-ons such as candy bar, cotton candy, popcorn, balloons, shoelace charms, glitter tattoos, hair feathers, chocolate fountain, making flip-flops, sign-in board, birthday banner, party favors and cakes.
Having a Communion, Corporate vent, Bar/Bat Mitzvah.. have The Lanyard Ladies come entertain your guests with their customized shoelace charms. Custom Made Shoelace Charm Bracelets. A giveaway like you've never seen before! We have 28 different styles of shoelaces to choose from. Charms are made to match the theme of your party. Completely customizable. The guest of honor picks their favorite theme, sport, or phrase and we make the charm to your specifications. At your event, your guests pick their shoelace, their charm and watch their bracelet being made right in front of them. Kids go crazy for this unique and different giveaway. Memorialize your child's party with a bracelet everyone can wear and enjoy forever. We also offer bracelet making at your event if you choose to add that. Your guests can make friendship bracelets, lanyard bracelets, key-chains, bookmarks, lanyard pens, beaded necklaces and bracelets. Add glitter tattoos and hair feathers for an added ""wow"" factor for your guests to enjoy.
Call today for more information or check out our website
(516) 578-2248
Directions to listing
Send Message to listing owner
The Lanyard Ladies


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What is a 501(c)(3) form?
This form is proof of non-profit status for tax exemption for the United States Internal Revenue Services.501(c)(3) on wikipediaWhy is a Social Security Number required?
Why is a copy of our driver's license required?In case the identity of the organization cannot be established through a credit check, JetPay requires a copy of the principal's driver's license to be faxed along with the application.


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Woodland Scenics O Track Workers
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$1.99 Flat Rate Shipping!
This item is eligible for $1.99 flat rate shipping Learn More
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COVID-19: We ask for your understanding as you may experience delivery delays.
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Scenic Accents is a collection of sculpted, detailed and hand-painted N, HO, O and G scale figures, animals and accessories. Each piece exudes personality creted by the craftsman and is a work of art at an affordable price. Their natural charm will steal the show. To attach, apply Scenic Accents Glue (WOOA198) and set in place.
Key Features:
This product was added to our catalog on February 20, 2014


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MBDA offers a list of resources to assist minority businesses during tax season.
Extension of Time To File Your Tax Return
Need more time to prepare your federal income tax return? This page will direct you to information on how to apply for an extension. Learn More
Filing Late and/or Paying Late
Avoid penalties and interest, paying your taxes in full saves you money. Whether paying with a timely filed tax return or filing late and paying late after receiving a correct IRS bill, taxpayers are encouraged to pay the taxes they owe in full. Lean More
Electronic Payment Options
Electronic payment options are convenient, safe, and secure methods for paying taxes or user fees. Taxpayers can authorize an electronic funds withdrawal, use a credit or debit card or enroll in the U.S. Treasury's Electronic Federal Tax Payment System (EFTPS)®. Electronic payment options give taxpayers an alternative to paying taxes or user fees by check or money order. Payments can be made 24/7. The electronic funds withdrawal and EFTPS options are free! Learn More
Tax Information for Specific Business Types
Have you considered that your business might have specific taxes for its industry? Some industries, in fact do. The U.S. Internal Revenue Service (IRS) has published guides for businesses that have special tax considerations. Learn More
Points to Keep in Mind When Choosing A Tax Preparer
If you pay someone to prepare your tax return, the IRS urges you to choose that preparer wisely. Taxpayers are legally responsible for what's on their tax return even if it is prepared by someone else. So, it is important to choose carefully when hiring an individual or firm to prepare your return. Most return preparers are professional, honest and provide excellent service to their clients. Learn More
2011 Tax Calendar
View due dates and actions by month, helpful topics, and tips for business success online.
Information on the HIRE Act
Under the Hiring Incentives to Restore Employment (HIRE) Act, enacted March 18, 2010, two new tax benefits are available to employers who hire certain previously unemployed workers ("qualified employees"). Learn More
Information on the Affordable Care Act
The Affordable Care Act was enacted on March 23, 2010. It contains some tax provisions that take effect this year and more that will be implemented during the next several years. The following is a list of provisions now in effect; additional information will be added to this page as it becomes available. Learn More
IRS Video Portal
The IRS Video portal contains video and audio presentations on topics of interest to small businesses, individuals and tax professionals. You will find video clips of tax topics, archived versions of live panel discussions and webinars, as well as audio archives of tax practitioner phone forums. Learn More
Fact Sheet: Tax Breaks for Small Businesses
America's entrepreneurs and small business owners continue to grow their businesses and create jobs due to unprecedented tax cuts that have been signed into law over the past two years. This includes billions of dollars in tax relief from laws such as the Recovery Act, the Small Business Jobs Act, the HIRE Act, the Affordable Care Act, and the Tax Relief and Job Creation Act. Learn More
Virtual Small Business Tax Workshop
This workshop helps business owners understand federal tax obligations.
Homepage Images Copyright (c) 123RF Stock Photos
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Java concurrency tips (1 messages)
If you still rely on Java 'the language' to implement concurrency in an application, then Carol McDonald's post walks you through various Java concurrency tips specific to Java 'the language'. A helpful reminder that its not necessary to migrate to a JVM-compatible languages like Scala to achieve concurrency results. Read Carol McDonald's post 'Java Concurrency Tips': http://weblogs.java.net/blog/caroljmcdonald/archive/2009/09/17/some-java-concurrency-tips
- Posted by: Daniel Rubio
- Posted on: September 21 2009 23:59 EDT
Threaded Messages (1)
- Re: Java concurrency tips by Kalpesh Pande on October 04 2009 12:38 EDT
Re: Java concurrency tips[ Go to top ]
I liked the content very much. Thanks for explaining about the concurrency.
- Posted by: Kalpesh Pande
- Posted on: October 04 2009 12:38 EDT
- in response to Daniel Rubio


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Definitive Technology DI 6.5 LCR Disappearing In-Wall series dual 6-1/2 L/C/R loudspeaker (Each)
Product Qualifies for FREE Ground Shipping
Extraordinary Home Theater Speakers That Disappear
These remarkable speakers were specifically designed to bring you the world-famous sonic performance of Definitive's free-standing speakers in easy-to-install built-in configurations. All models in Definitive's Disappearing™ In-Wall series feature near-invisibility thanks to their small area, hidden flange design, and low profile micro-perf grilles. They are as easy to install as traditional flanged flush-mount speakers, and don't require custom sheetrock/spackle skills to install and look practically invisible.
The LCR 6.5LCR has been optimized for use as stereo Left/Right/Center front stage speakers while the matching DI 5.5BPS is a Bipolar technology speaker ideal for surround channel use. Together these models realize the dream of premium performance in a practically undetectable built-in home theater system. All models in the DI Series share the same accurate sonic signature so you can mix and match any combination of models to meet your exact application. For example, you can use DI 6.5LCR for L&R a single Di 6.5S for center and a pair of DI 6.5R as in-ceiling surrounds and achieve excellent seamless performance.
Definitive's Disappearing In-Wall Speakers Just May be the "Holy Grail" of Built-in Speakers
You want great sound everywhere in your home, but you may not always have room for or want the visual intrusion of free-standing speakers. Built-in flushmount speakers seem to be the answer but in practice they don't exactly disappear in the room, in fact many "in-wall" speakers call attention to themselves and create friction between your decorator and your audiophile sensibilities. Worse yet, most built-in speakers fall short on the performance end as well. Would Definitive allow you to suffer with bad sound? Oh no, no, no!
Definitive's Advanced Technologies Mean Better Sound for You
The Disappearing In-Wall models feature Definitive's most advanced technologies such as Balanced Dual Surround System (BDSS) mid/woofer drivers and pivoting Pure Aluminum dome tweeters for spectacular audio performance far beyond traditional flush-mount speakers.
Definitive's exclusive Balanced Dual Surround System (BDSS) driver technology permits these new flush mount speakers to deliver more bass output and dynamic range than larger drivers. For example, the DI 5.5LCR's two 6-1/2" drivers have the output, bass and dynamics of a 10" traditional speaker.
With a pivoting 1" Pure Aluminum dome tweeter featuring a specially shaped housing that avoids the diffraction distortions of traditional post-mounted tweeters, and a sophisticated adjustable crossover network, the Disappearing In-Wall models deliver the kind of lifelike sonic performance and broad even dispersion that have made Definitive Technology the most highly reviewed speaker brand in the USA.
Great Sound for Everyone in the Room
We've engineered DI Series speakers to disperse sound over a very wide area so that the sound is well-balance and natural regardless of where you are relative to the speakers. BDSS technology drivers, aimable tweeters as well as the specially countoured and textured AeroRing™ around the driver all contribute to the wide angle dispersion and superior coverage capability of the DI Series models.
SpecsDriver Complement
Quantity 1
Diameter 1" (2.54cm)
Type Pivoting Pure Aluminum Dome
Mid / Woofer
Quantity 2
Diameter 6 1/2" (16.51cm)
Type BDSS Midrange Driver
Tweeter/Mid Array
Type Offset D'Appolito
Environmental EQ
3 Way Switch User Selectable
Audio Inputs
Speaker Level 1 Pair (Heavy Duty Spring Loaded)
Maximum Sensitivity
1 watt @ 1 Meter 90 dB
Total Frequency Response
Overall 26 Hz - 30 kHz
Nominal Impedance
Compatible with 8 ohm
A/V Receiver Crossover Setting Small (40 Hz)
Power Handling 10 - 275 watts per channel
Cut Out Dimensions
Height 16 3/16" (41.12cm)
Width 7 3/8" (18.73cm)
Mounting Depth 3 1/8" (7.94cm)
Internal Clearance Required for Mounting Dogs (add to Each side of Cut Out) 1" (2.54cm)
Grille Dimensions
Height 17 1/8" (43.50cm)
Width 8 5/16" (21.11cm)
Vertical Orientation In Wall (Vertical Only)
Cabinet Type
Speaker Enclosure Infinite Baffle
Product Weight
Out of Box 8.5 lbs
Included Accessories Wall Template; Paintable Magnetic Grill
Optional Accessories Rough-In-Kit (Available Separately)
Carton Size
Height 6 3/4" (17.14cm)
Width 19 1/2" (49.53cm)
Depth 10 3/8" (26.35cm)
Shipping Weight
One per Carton 12 lbs
Drivers and Cabinet
Parts and Labor 5
Pre-construction Brackets for DI 6.5LCR
Model: RBTB
14/2 Oxygen Free In-wall Speaker Cable
Model: 14/2OFC-WT


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|Southeast Spotlight
Southeast Alaska State Fair showcases talents of all varieties
Published: 08/01/2013 11:00:00
The Southeast Alaska State Fair was this past weekend in Haines. An annual event that has been evolving for 45 years, the fair has grown to encompass a wide variety of attractions, there's a little something for everyone. To learn more, we spoke with Jessica Edwards, the Executive Director of the Fair.
VIDEO: Haines Fair has been drawing exhibits from all over the region for 45 years. (Image: Rik Pruett)
"The Fair is a very eclectic four days of events, entertainment and contests, it's neat because it's got a music festival aspect but it's also got the traditional elements of a Fair which would be contests like logging shows. We have an antique Carousel and an antique Ferris Wheel, so besides the fact that we have great headlining entertainment, you know big acts from Canada and the lower 48 states, we've got this great place where you can wander around and just get lost in all of the stuff to see and do."
One of the things that most people don't see though is the behind the scenes judging of all of the entered exhibits, where people compete for blue ribbons and bragging rights. Ms. Edwards told us of the expertise and stringent standards employed in the judging.
"The week before the fair, folks will come and we solicit judge's who have expertise in that area, whether it be baked goods, a Home-Ec Teacher, a Cooperative Extension Agent or successful Artist for the fine art department, we really try to pick people who are very expert in their field. And then we go through, we have a series of standards that are set by the 4H, the nationwide group, and we try to follow those standards as best as we can and also encourage people."
One of the main exhibit categories is preserved foods, and also one of the most important to judge correctly, for obvious reasons. Sarah Lewis, A cooperative extension agent and the judge of the preserved foods category, explains.
"The most important thing that we judge on is food safety, so we need to look at whether it was preserved correctly based on what food it is and what types of methods are needed to safely preserve that food so it's shelf stable. Flavor, how it looks, texture, you can sort of tell how it was cooked and how it was processed and whether that was done correctly or better or worse based on tasting and looking at it."
When the judging is all said and done, the winners take home a ribbon and bragging rights that can last until the next Southeast Alaska State Fair.
By: Rik Pruett - firstname.lastname@example.com


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Managing references, PDFs and bibliographies are a vital part of virtually every research project. Choosing the right tool, however, can be challenging. This hands-on workshop will introduce attendees to four reference/PDF/bibliography management tools, each with its own special advantages and disadvantages. Which is best for full-text downloading? Which is the best collaboration tool? Which is best for PDF markup? Which is free? Discover the tool (or tools) that will work best for you, and save yourself time and frustration.
Course Evaluation


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A walk on the tame side
I am in the most popular postcard on the planet. Above me Sugarloaf Mountain, below me a mistake. The Portuguese made it when they took this bay to be the mouth of a river. Since it was January, they called the whole thing Rio de Janeiro. Big birds circle above my head, inside it, small thoughts. For example, whether I dare pass water here. There's plenty of thirsty greenery for it on both sides of the Claudio Coutinho hiking trail. Had I not already traveled through Amazonia, I might almost call it a rainforest crowded with wild animals. I encounter a riot of color in the shape of a giant butterfly that seems to sum up Brazil's unique palette. The tomtit-sized tié sangue birds resemble flying lipsticks. Toned muscle packs jog by. I've outgrown all that.
Now I walk in beauty, as the Native Americans say or reputedly said, and if necessary, I could make good progress here with a walking frame. This walk-in postcard has no tripping hazards or other easily identifiable perils. I am in Urca, the smallest and safest neighborhood in Rio, where there's nothing relative about safety. Urca is home to Brazil's School of Naval War and as such, is populated by officer cadets and their families. The musclemen are half-naked elite soldiers and sports-obsessed military police, making this an environment in which muggers and footpads are unlikely to feel at home. I pop into the bushes and emerge relieved. No snake bit me, no scorpion came creeping, but a small monkey did beg for bananas. Signs along the path discourage compliance with that wish, as monkeys construe such gifts as an act of subjugation rather than Christian creaturely love. And then the postcard idyll is no more.
Helge Timmerberg
Our columnist, Helge Timmerberg, an irrepressible globetrotter since 1969, writes travel books and contributes monthly to our magazine.


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Click here for more information regarding COVID19 and school closings.
The Tuscumbia City School System does not discriminate on the basis of race, color, national origin, sex, disability, or age in its programs and activities. The following people have been designated to handle inquiries regarding the non-discrimination policy. Vickey Moon, Federal Programs Coordinator, Title VI & Title IX Marsha Ricks, Special Services & 504 Coordinator, 303 North Commons Street East, Tuscumbia, AL 35674 (256)389-2900
Copyright © 2020 Deshler High School


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Your p.m. roundup for Sept. 21, the day we first heard of bisexual squid. Photos via LeBron's Twitter page, on which he posted a bunch of photos today from his trip to D.C. Got any stories or photos for us? Tip your editors.
What we're watching (all times EDT, unless noted): ESPN has a baseball doubleheader, with Rays-Yankees at 7 and Rangers-A's at 10. Versus has Maple Leafs-Flyers in preseason NHL at 7. And ESPNU is showing Missouri-Iowa State in college women's volleyball at 8.
Read Me
A consideration of WWE conspiracy theories: "When R-Truth turned against the fans and his buddies John Morrison and John Cena several months ago, it felt refreshing, but it didn't exactly portend a major shift - boring good guys often make boring bad guys, after all. But R-Truth has blossomed as a heel. He began obsessing about conspiracy theories in wonderfully lunatic interviews, drawing hilariously inane connections between imaginary spiders and the ambiguous forces that were at work to keep him from reaching the top in the WWE." [Grantland/Dead Wrestler Of The Week Archive]
This Date In Deadspin History
Sept. 20, 2009: Megan Fox Will Kick You In The Boner
Things You Might Have Missed Today
Some quick links to a few items we posted earlier:
• Michael Jordan's Golf Bag Would Like To Inform You That Michael Jordan Has Six Rings
• NFL Sends Strongly Worded Memo To Teams Telling Them To Stop Faking Injuries, Please
• Partying Bruins Refused A Round Of Shots From Angry Canucks Fan Ryan Reynolds
• This Is Why You Suck, Lakers Fans
• What If HGH Could Cure Peyton Manning?
• I Bought My Ticket But The Game Was Gone: Pearl Jam And The SuperSonics, 1990-2008
• Erin Andrews: Limber
Anyone else kind of hoping for something like a point-shaving scandal?: "You heard it here first, gamblers: it's coming time to place your bets on who will win the Quidditch World Cup. Yes, the Quidditch World Cup is real,don't you remember? (Muggle Quidditch, FYI.) It's coming to New York in November. And now an online betting site has set odds for six of the teams competing in tournament. [Village Voice]
"Breast milk ... You make my day-ee-ay": "The price of milk is rising and interest in human breast milk seems to know no bounds, so you knew it had to come to this eventually: one man has decided to see how long he can survive on a diet consisting entirely of his wife's breast milk. And naturally, he and his wife are blogging their experience. Cause, really, what else are you going to do with a 22-cubic-foot freezer of milk that breast milk banks won't take?" [Gothamist]
Your Ghana Gin Bitters Commercial Interlude:
Bobby Big Wheel is compiling New York restaurant reviews from some of our favorite people: Bakes, Drew, Ted Berg and David Matthews have already contributed. [NYC Meal]
Cue the stupid rumors of him having no heart: "Still raspy-voiced from a kick to the throat and beatdown by the New Orleans Saints defense, Bears quarterback Jay Cutler rapped twice on a lectern when pondering whether he could make it through the rest of this season with this type of punishment. 'I don't know,' Cutler said. 'I don't know.'" [ESPN]
Merch: Managing editor Tom Scocca and contributing editor Drew Magary have both written books. You can buy Scocca's Beijing Welcomes You: Unveiling the Capital City of the Future here, and Magary's The Postmortal here. Now do it.
Send stories, photos, and anything else you might have to email@example.com.


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Last week saw a pair of exchange-traded products come to life, doubling the sparse number of offerings for September.
The WisdomTree China Dividend ex-Financials Funds (NASDAQ:CHXF) is the latest "ex-financials" product to come out this year, with this particular product focusing on China-based stocks.
The thought behind CHXF, according to WisdomTree, is that many other Chinese-focused funds don't offer enough diversified exposure, pointing to the ETP market's largest China product — the iShares FTSE/Xinhua China 25 Index (NYSE:FXI) — which tracks an index that's more than 50% weighted in financials.
CHXF certainly is more diverse, sporting a 24% weighting in energy, mid-teen weightings in materials, telecoms, industrials and consumer staples, and mid-single-digit weightings in utilities and consumer discretionary. Top holdings include popular Chinese names like China Mobile (NYSE:CHL), PetroChina (NYSE:PTR) and CNOOC (NYSE:CEO), and it charges 0.63% in expenses.
Josh Brown of The Reformed Broker blog posits a good question about the logic of buying into the fund: "If I don't like the banks of a country, why would I want to be in their stock market at all?"
The answer given by WisdomTree's Jeremy Schwartz can be viewed on Brown's blog, but in short, it points out the outperformance of the broader S&P 500 to financials in the past five years. Of course, a key caveat is in this quote:
"While we can't say that this will always be the case or that similar results would necessarily hold true for China's equities, we can say that it is possible for the performance of financials to be markedly different from that of other sectors."
The logic is sound: It "is" possible for financials' performance to be different than other sectors. However, it works both ways — the Select Sector Financial SPDR (NYSE:XLF) outperformed the SPDR S&P 500 ETF (NYSE:SPY) and many of the component sectors from 2001 to 2004, for instance. So just make sure you have a reason as to why you think Chinese financials will underperform before investing.
Also launching last week was the AdvisorShares STAR Global Buy-Write ETF (NYSE:VEGA), which depending on the market cycle.
VEGA uses a covered call strategy against its long positions in several ETPs. Essentially, VEGA sells call options against each position to gain price appreciation from its long holdings while generating income from the sale of covered calls or cash-secured put options. When volatility is low, VEGA will buy protective put options to manage downside risk.
VEGA's holdings include the SPDR S&P 500 ETF, iShares MSCI Emerging Markets Index (NYSE:EEM) and Select Sector Energy SPDR (NYSE:XLE).
In short, the fund is a low-risk option for investors, though it charges a hefty 2.01% in expenses.
The previous week saw a frontier-market ETF come to market. In all, 144 new funds have come out so far in 2012, according to XTF.com.
Kyle Woodley is the assistant editor of InvestorPlace.com. As of this writing, he did not hold a position in any of the aforementioned securities. Follow him on Twitter at @IPKyleWoodley.


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Madison, WI Goes Tech: Google and Microsoft Open Divisions
Microsoft to partner with UW-Madison
Announced in late April, Microsoft will be partnering with the University of Wisconsin-Madison to open up an Advanced Data Lab, The Jim Gray Systems Lab, in downtown Madison. David DeWitt, professor emeritus of computer science, will be heading up the new data lab. Interestingly, the intellectual property derived directly from the lab will belong to Microsoft, but the students involved will retain the right to freely use the research results in an academic setting. While this is probably S.O.P. (standard operating procedure), as many pharmaceutical and oil companies garner the same bargain, it could certainly help Microsoft catch up in the technology arms race.
What the Lab Aims to Accomplish:
The lab's primary focus in Madison will be to explore novel database system architectures that will be able to support massive data centers, which DeWitt believes could make research in domains like medicine and large-scale research more productive. New database technology could also dramatically reduce the cost of analyzing data. DeWitt said that at the core of Microsoft's vision is the ability to give users real-time access to the most up-to-date data — even going beyond facts and figurers, but including new data types such as X-rays, videos and even spatial content.
Google Opening Up Shop in Madison:
Reported today, Google will be opening up a 5,000 sq ft. office building in Madison. Not much more is known at this time, but I have contacted Google about its plans for this office. I will update this post when I know more.
Follow-up From Danny Sullivan:
I reached out to Danny Sullivan about this, to see if he knew anymore about what the Google Office would be focusing on. Danny said, "Nothing offhand. They open so many offices and often there's nothing that special about them."
So that's the word from Search Engine Land and Danny. It's just another Pod for Google.