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The Social Poets: Funny Late Nite Jokes: GOP Gaffer Rick Perry: From Denny: GOP 2012 candidate Rick Perry has been stepping on his tongue ever since he entered the race.
Considering how we here in Louisiana feel about the next door neighbor's bullying Texas culture, we Cajun types affectionately call "Shit Kickers," it could not have happened to a better politician.
After all, who has empathy for the guy who thought the BP Oil Spill was good event planning?

subset: commoncrawl


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|A mix of lettuces with vegetables, and a little crab and shrimp, tossed with a good olive oil and vinegar dressing makes this a light main dish salad.
Shrimp and Crab Mixed Garden Main Dish SaladThis is one of my favorite salads. Nice and light, fresh and just delicious, perfect for ushering in spring! A mix of lettuces with vegetables, and a little crab and shrimp, tossed with a good olive oil and vinegar dressing, makes it a healthy and filling choice. Substitute already cooked shrimp from the freezer section of your store, and a pouch of crab or a good canned crab product and you can have this salad anytime. Here's how to make it.
If you think this sounds yummy, I'd sure ♥ it if you'd click to pin it, tweet it, stumble it, or share it on Facebook to help spread the word - thanks!
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Recipe: Shrimp and Crab Mixed Garden Main Dish Salad©From the Kitchen of Deep South Dish
Prep time: 15 min | Yield: About 2 to 4 servings
- 1 tablespoon of butter
- 1/2 pound of shrimp, peeled and deveined
- Old Bay Seasoning, to taste
- Cajun seasoning (like Slap Ya Mama), to taste
- 6 ounces of crabmeat
- About 6 cups of assorted mixed lettuces (romaine, red and green leaf, mixed baby greens)
- 1/4 cup of celery, chopped
- 1 cucumber, peeled and chopped
- 4 radishes, sliced
- 1 tomato, chopped
- 1 green onion, sliced
- 3 tablespoons of savory seasoned sliced almonds (like Sunkist Almond Accents)
- 1/3 cup of extra virgin olive oil
- 1/8 cup of red wine or apple cider vinegar
- Kosher salt and freshly cracked black pepper, to taste
In a skillet over medium heat melt the butter. Add the shrimp, sprinkle with Old Bay and Cajun seasonings and cook just until shrimp turns an opaque pink color. Don't overcook! Remove from the hot pan and set aside.
Wash and spin dry the lettuces. I used green leaf, red leaf and a spring mix of romaine, tango and radicchio in the photo above. Place lettuce in a large salad bowl and add the celery, cucumber, radish and tomato on top. Sprinkle shrimp all around on top and pile the crab into the very center of the salad. Whisk together the olive oil, vinegar and salt and pepper; toss salad with the vinaigrette and scatter green onion and almonds on top. Serve immediately.
Note: Substitute a good commercial vinaigrette. I like this salad with Wishbone SuperFruit vinaigrette or Kraft's olive oil raspberry vinaigrette. Serve with a slice of whole grain bread drizzled with some flaxseed oil or a few multi-grain crackers for a light and healthy lunch or supper.
Source: http://www.deepsouthdish.com
Requires Adobe Reader - download it free!©Deep South Dish
☛ Are you on Facebook? If you haven't already, come and join the party! We have a lot of fun & there's always room for one more at the table.
Check These Recipes Out Too!
Panzanella Salad on Romaine Lettuce
Roasted Vegetable Spinach Salad with Warm Bacon Dressing
Fresh Corn Salad
Posted by Mary on January 5, 2009Images and Full Post Content including Recipe ©Deep South Dish. Do not repost or republish elsewhere without explicit prior permission. All rights reserved.


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Recent publications
The list below shows a sample of 100 recent papers from members of the SOI.
A full list may be obtained at the SOI page on the University of St Andrews Research Portal.
0 (of 0 /dk/atira/pure/researchoutput/status/published available) for Scottish Oceans Institute with keyword EPS clear keyword filter. (source: University of St Andrews PURE)
Please click title of any item for full details
The Secretary
Scottish Oceans Institute
Institiud Chuantan na h-Alba
Gatty Marine Laboratory
East Sands St Andrews
tel: +44 (0) 1334 463472
fax: +44 (0) 1334 463443
email: firstname.lastname@example.com
Participating Schools


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Moderator: Officers
Jah spending my points is not something that I have ever considered to be unfair or against guild policy
i) Boxed chars are elligible to bid on loot with DKP earned by that character alone. No Boxed characters may trade points to or from their mains or other characters. For DKP purposes, a Boxed toon is one that is generally only used for two-boxing, and is not played as a regular alt or main.
Serano wrote:1) boxed toons can bid on items on equal footing with the other raiders by whoever is currently boxing them if the real owner allows for that
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OKLAHOMA CITY (AP) – Oklahoma City's penalty for scuffling down the stretch and getting passed up for the top seed in the Western Conference is a first-round playoff showdown with an all-too-familiar foe toting championship credentials.
When the Dallas Mavericks arrive for Game 1 on Saturday night, it'll be a rematch of last season's West finals dominated by Dirk Nowitzki on his way to his first NBA title.
Many of the faces have changed, at least on the Dallas sideline. Gone are Tyson Chandler, J.J. Barea, DeShawn Stevenson and Peja Stojakovic.
In their place is a new batch of role players seeking to terrorize the Thunder again in the Mavs' bid to repeat.
Nowitzki averaged 32.2 points against Oklahoma City in last year's playoffs to outduel Kevin Durant, who just became the seventh player to win three straight league scoring titles.
(© Copyright 2012 The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten or redistributed.)


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Medical Director, Maternal Fetal Medicine
As one of the nation's leading pediatric health care systems, Nemours is committed to providing all children with their best chance to grow up healthy. We offer integrated, family-centered care to more than 300,000 children each year in our pediatric hospitals, specialty clinics and primary care practices in Delaware, Florida, Maryland, New Jersey and Pennsylvania. Nemours strives to ensure a healthier tomorrow for all children – even those who may never enter our doors – through our world-changing research, education and advocacy efforts. At Nemours, our Associates help us deliver on the promise we make to every family we have the privilege of serving: to treat their child as if they were our own.Nemours' mission is to serve pediatric care through excellence in education, research, patient care and community engagement. We are seeking a Medical Director of Maternal-Fetal Medicine who can develop the Division as a nationally recognized leader in pediatric clinical care, education and research. The Medical Director is the Senior Physician leader of the Nemours Children's Hospital Clinic who provides the visionary force, strategic direction, and management of a clinical department in harmony with the Nemours Mission and Strategic Destination.
Qualified candidates will possess:
For confidential consideration please forward your formal CV to:
Zac Wilberger, Physician Recruiter
Nemours Children's Health System
Our Orlando hospital is located in beautiful Lake Nona, a nationally recognized healthy community: Lake Nona
Located in Orlando, Florida, Nemours Children's Hospital is the newest addition to the Nemours integrated healthcare system. Our 130 bed pediatric hospital also features the area's only 24-hour Emergency Department designed just for kids as well as outpatient pediatric clinics including several specialties previously unavailable in the region. A hospital designed by families for families, Nemours Children's Hospital blends the healing power of nature with the latest in healthcare innovation to deliver world-class care to the children of Central Florida and beyond. In keeping with our goal of bringing Nemours care into the communities we serve, we also provide specialty outpatient care in several clinics located throughout the region.
Nemours offers a competitive salary and a robust benefits package that includes productivity and quality based financial incentives, relocation, health, life, dental, CME, 403B Retirement Plan with matching, 457-retirement savings plan, licensure and dues allowance. Florida has no state income tax, and Nemours is a not-for-profit; full-time employed physicians qualify for Public Service Loan Forgiveness.
Our dedication to professionals who are dedicated to children frequently earns Nemours a spot on the list of top workplaces in the communities we serve. Our Associates enjoy comprehensive benefits, including our unique "Bridge to a Healthy Future" pediatric health plan, an integrated wellness program, opportunities for professional growth, and much more. As an equal opportunity employer, Nemours focuses on the best-qualified applicants for our openings.
|RN Charge Nurse Emergency Full Time Evenings Scottsdale Campus
|Phoenix, Arizona
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|5 Days Ago
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|Orlando, Florida
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(1) If the Christian view of reality is not true, then human knowledge is impossible.Non-Christians would have no problem in accepting the validity of this argument, i.e. accepting that if the premises were true, then the conclusion would be true. The question is not, then, the validity of the argument but its soundness, i.e. whether the premises are true. Since, many non-Christians would accept premise (2), the key problem for most non-Christians is the truth of premise (1).
(2) Human knowledge is possible.(3) Hence, the Christian view of reality is true.
First, if Jones' argument is sound, the Christian worldview is true. But there is excellent reason to suppose that it is false. So it follows that Jones' argument is not sound. Since the most problematic aspect of Jones' argument is premise (1), it is likely that (1) is false. Why do I say that there is excellent reason to suppose that the Christian view of reality is not true? As I argued in Atheism: A Philosophical Justification (1990), traditional arguments have failed to prove the existence of God. Moreover, there are good reasons to suppose that the concept of God is incoherent. In addition, the argument from evil and other inductive arguments make the existence of God unlikely. Furthermore, in The Case Against Christianity (1991) I have shown that the major doctrines of Christianity are improbable. The strength of my detailed arguments developed in approximately eight hundred pages of text should be weighed against the force of the argument sketched in three pages by Jones.
Second, the great ancient, modern and contemporary Christian apologists have not used Jones' transcendental argument. Although it is possible that philosophers from Aquinas to Swinburne, from Descartes to Plantinga have overlooked it, this seems unlikely. It is much more plausible to suppose that these thinkers rejected premise (1).
Furthermore, to say that knowledge is possible is not to assume that humans know, or some day will know, everything. There will always be something more to be known even if fallibilism is true. Again this does not entail that knowledge is relative in any sense but the following: We may know certain propositions in the future that we do not know today or did not know yesterday. Naturally there may be some propositions that we will never know. Humans are not omniscient. I will call this the thesis of human epistemic limitation.
Neither of these theses entails skepticism. That is, the view that human knowledge is impossible. What they do entail is that certainty and complete knowledge are impossible for human beings. However, this view is not very controversial and has in fact been embraced by many Christians. Nor do these theses entail subjectivism, that is, the view that there are no objective standards of knowledge and no norms for reconciling disagreements between knowledge claims. The use of objective standards, e.g. intersubjective testability, is compatible with the theses of fallibilism and human epistemic limitation.
The Argument From Finitude
Although I find Jones' reasoning unclear, one of his arguments for premise (1) seems to be the following. Non-Christians assume that human beings are competent to achieve knowledge without God. ("According to this view, common to non-Christians... the Christian God has to be either non-existent or irrelevant to epistemological concerns.") However, the knowledge claims of non-Christians are limited. ("Their particular rational schemes cannot account for everything since the autonomous theorist does not have God's ability.") If non-Christians' knowledge claims are limited, then the knowledge claims of non-Christians could not really be knowledge. ("Instead of the proposed exhaustive scheme of reality ... the rational scheme fails leaving subjectivism and skepticism.") Therefore, human knowledge is impossible in a non-Christian view of reality.
Many non-Christians would agree with the first two premises. But the third premise is questionable. There is no reason to suppose that limited knowledge claims cannot be true. As I have already argued, the truth of premise (2) is compatible with the theses of fallibilism and human epistemic limitation and these do not entail skepticism, relativism, or subjectivism. Jones seems to be confusing the competence to achieve limited knowledge with the competence to achieve total knowledge or else the competence to make probable knowledge claims with the competence to make certain knowledge claims. Humans have the competence to make probable knowledge claims and achieve limited knowledge but not to make certain knowledge claims and achieve unlimited knowledge.
The Appeal to Trivial Knowledge
Another consideration used by Jones to bolster his case is that non-Christian schemes of knowledge omit what does not fit and limit knowledge to trivial and/or unimportant claims. ("...the non-Christian will either deny or ignore whatever does not fit his scheme, thus compromising the proposed scheme....and radically limit knowledge to trivial and/or unsubstantive claims that will apparently fit within the scheme...")
Apart from citing a few names and ideas, e.g. the Logical Positivists' rejection of metaphysics as examples of this charge, this position is not argued for in Jones' essay. In order to substantiate his charge Jones has his work cut out for him. He would have to argue for, and not just assert, the particular claims made in his article -- for example that the Logical Positivists were wrong -- which at the very least would involve refuting my long and detailed defense of their program. (See Atheism, chapter 2). He would also have to show that non-Christians must radically limit knowledge to trivial and/or unsubstantive claims. This he has not done.
It is important to notice that the thesis of human epistemic limitation does not entail this charge. From the fact that human knowledge is limited it does not follow that it is trivial or unsubstantive. Indeed, scientific knowledge is limited but hardly trivial or unsubstantive. Jones may wish to argue that scientific knowledge is only possible with God's help. But this argument is not made in his paper.
The Argument from an Unknown Factor
In discussing Paul Kurtz's view Jones presumes what seems to be a different argument but is not. Pointing out that Kurtz admits that many things in the universe are unknown, Jones argues that Kurtz "cannot speak with any boldness whatsoever about our present knowledge since there might be some factor in the unknown realm which makes our robust claims to knowledge false." However, the possibility that an unknown factor might undermine our knowledge claims is just another way of pointing out that our knowledge claims are uncertain and limited. Yes, there might be such factors. If there were, our knowledge claims would be false. But this should not prevent us from making tentative claims in light of present evidence and arguing in its light that we are probably correct. I cannot speak for Kurtz but I would think that he would say something similar. That Jones finds this position incoherent seems to be a function of the confusions that have already been noted.
(1') If the Islamic view of reality is not true, then human knowledge is impossible.could be substituted for (1) and combined with (2) would entail:
(3') Hence, the Islamic view of reality is true.The same arguments that are used to support (1) could be used to support (1'). However, since (3) and (3') are incompatible, Jones' mode of argument leads to inconsistencies. Jones surely owes his readers some explanation of why his Christian transcendental argument is permissible but an Islamic or Jewish one is not. Unless objective grounds for distinguishing the two cases are provided, one is entitled to conclude that the exclusion of Islamic and Jewish uses of the argument is arbitrary. Failure to provide such grounds would in turn provide reasons for claiming that a Christian based epistemology is a subtle form of subjectivism.


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After months of secrecy and anticipation, "Star Wars: The Force Awakens" is thrilling fans and theater owners alike.
The most anticipated film in the galaxy opened globally Thursday, setting international and pre-sale box-office records and delighting moviegoers who've had opening-night tickets in hand for months.
Kelly Andrews, who wears her love of "Star Wars" on her skin in the form of Yoda and R2-D2 tattoos, bought tickets in October for the first showing at Hollywood's classic TCL Chinese Theatre, where the original "Star Wars" premiered in 1977.
U.S. & World
"It was outstanding," she said as she left the screening Thursday night clutching a shiny keepsake popcorn bin. "I cried happy tears. I cried sad tears. It was beautiful."
She was among thousands of devotees who praised the space saga's latest installment. The film has received overwhelmingly positive reviews from critics and fans internationally.
All over the world, "Star Wars" enthusiasts toted lightsabers and wore character costumes to packed opening-night showings of "The Force Awakens." They laughed and cheered and gasped together, illuminating their sabers in the theater during key scenes.
The Walt Disney Co.'s estimate on Friday easily surpassed the previous Thursday night record of $43.5 million by 2011's "Harry Potter and the Deathly Hallows: Part 2," with an estimated $57 million from Thursday night shows.
The movie's international rollout, which began Wednesday, has brought in a total of $72.7 million. That includes the biggest single day ever in the United Kingdom, where it made an estimated $14.4 million.
More than $100 million in tickets have been presold in North America. The movie ticket service Fandango said it has already sold more tickets for "The Force Awakens" than any movie over its entire theatrical run.
Not everyone in the opening-night audience was dazzled, though. Michael Danke of Los Angeles, who said his friend waited in line for 52 hours for their tickets, was disappointed.
"I was kind of looking forward to a futuristic, bitchin' movie, but it was an old 'Star Wars' movie," he said. "They did it old style."
That nostalgia worked for Tony Brennan, who said he "can't get off of that high that I'm on" after seeing the film with the opening-night crowd in Hollywood.
"It's definitely worth all the hype," he said. "I like how they bring back the old quotes and old scenery and old people... It passed all of our expectations. I'm watching it five, six, seven more times."


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Geoffrey Burleson – IKIF
19th International Keyboard Institute and Festival at Hunter College
July 25th, 2017
Rameau: Les Sauvages
Albeniz: Iberia, Book One
Liszt: Sonetto del Petrarca No. 104
Saint-Saens: Africa, Op. 89
Gregor Huebner: Five Latin Pieces
Let no one accuse Geoffrey Burleson of boring or unimaginative programming! One of his current projects is recording all the piano works of Saint-Saens, a most challenging example of which he played for us, and his interests in repertoire range from the Baroque to the contemporary. He plays with energy, daring and polish.
The first two Rameau pieces were notable for their remarkable harmonies, and modulations. The third one seemed to me a bit Scarlatti-like. He played it so fast that it was a bit difficult to enjoy the articulation of all those notes hurtling along, though I'm sure he played every single one. I had a similar reaction during Saint-Saens' "Africa". Perhaps the overall sweep of the composition is sometimes more important than the passage work, but the ears of a greedy listener (me) long to enjoy both.
Moving on to the first book of Iberia, Mr. Burleson's Evocación was indeed evocative, and filled with longing. El Puerto was, in turn, tumultuous and exuberant, yet also mellow, and had beautiful melodic fragments. Fête–dieu à Seville was enjoyably quirky.
Liszt's Sonetto del Petrarca No. 104 was not played, as by some pianists, as a "grand statement" but was sensitive, spirited, and often quite lovely.
Saint-Saens' "Africa", already mentioned, was a real tour de force. Though it has a beautiful, peaceful middle section much of it is pulsating and intense, with difficult cross-rhythms. Mr. Burleson played it at a blistering, uncompromising pace.
The last work on the official program was a group called Five Latin Pieces, written in 2004 by the German composer, Gregor Huebner. These challenging works, with Cuban and Argentinean influences, were impressively played. The first one began with a pummeling of the instrument leading into an interesting fugato. The second one had strong rhythmic motives. The third started with quiet tone clusters, and had modal fragments. The fourth sounded nostalgic, and also featured a jumpy rhythm, and an abrupt end. The final piece had an ostinato left hand, brilliant runs in the right hand, and a section where the pianist reaches into the instrument and strums the strings!
Mr. Burleson played one encore, a jazzy work with lively poly-rhythms, the title of which I was, unfortunately, not able to find out.
Donald Isler
Geoffrey Burleson - IKIF
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Re: Geoffrey Burleson
Mr. Burleson has since told me that the encore was "my own arrangement/improv on Dizzy Gillespie's 'Night In Tunisia.'"
Donald Isler
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text: By Cindy Schwalb, Web Editor March 12, 2009 Many secondary retail sites, from PriceGrabber.com to DealTaker.com, earn money for sending traffic and sales to respective retailers. And while that revenue model isn't a secret, most Web sites don't go around advertising it.That is, until Web marketers Frank DeBlasi and Tom Cangley teamed up to turn shoppers into revenue-sharing partners for the launch of their new Web site. Hoopla Doopla promises users discounts and more than half of the commission the site makes on your purchases. To qualify for the cash-back deal, users must sign up for a free account and use Hoopla Doopla as the entry to a retailer's site. The terms offered from retailers vary, but these details are disclosed and range from nearly 10% cash back for shopping at 1-800-Pet-Meds to a piddly 1% cash back for shopping at the Apple Store.Is this for real? Yes. Member-shoppers are paid their share every quarter, and the money is considered earnings under the tax law. You can find more details on the site's FAQs page. It's a competitive field, Kiplinger's Cameron Huddleston may indeed be adding this one to her list of 20 Top Sites to Find a Bargain. We'll have to see. What's your take? Sponsored Content


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Student Activities
Recognition of Student Groups
Students wishing to form new student activity organizations will be "recognized" by the Administration following review of a mission statement and a petition signed by at least a dozen members of the current student body.
Interested students should present a petition, noting the purpose, goals, and activities planned by your group and including the signatures of the 12 interested students, to the Dean of Students.
"Recognition" permits students to place a mailfolder among the student activities folders, to create a list serve for your group, and to request funding from C.S.R. and the Dean's Speakers Fund. And any funding by C.S.R., is governed by C.S.R.'s rules.


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Well I though it was about time I said hello here. Have been setting up a new website for the past 9 months. Has been quite a challenge. Did the Roland training courses about 10 months ago.
Have a VS540i and have just launched the website. Sort of trying to bring print and cut to the masses !! Any feedback on website would be welcome. Hope to take an active part in these forums. I am more of a techie than a printer but have learnt a hell of a lot in the last year !
Come in and introduce yourself
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Chris Gee
Printvent Ltd.
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Re: Hello
Heya Chris!
Joe Wigzell
Academy and Creative Centre Manager
Roland DG UK Ltd
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President Barack Obama will stump next weekend in Wisconsin, his campaign announced Friday, marking his first trip to the state since February.
Lee Miringoff, the Director of the Marist Poll at the Marist Institute for Public Opinion, joins The Daily Rundown's Chuck Todd to break down the latest NBC, Wall Street Journal and Marist poll numbers.
The president will deliver remarks at a grassroots event on Sept. 22 in Milwaukee, battleground territory in Wisconsin, a state considered an Electoral College "toss-up" on NBC's battleground map. It's his first trip to the state since Feb. 15; Obama even avoided going to the state during a high-stakes effort to recall Republican Gov. Scott Walker.
Recommended: Huntsman: 'I support Mitt Romney' (but never talk to him)
No Republican has won the Badger State, though, since Ronald Reagan in 1984. That hasn't stopped Mitt Romney from trying to put the state in play, more prominently by adding Paul Ryan, a Wisconsin congressman, to his ticket. The Romney campaign also purchased advertising airtime in the state, forcing the Obama campaign to respond in kind.
The latest New York Times/CBS News/Quinnipiac University poll found Obama leading Romney, 49 percent to 47 percent, among likely voters.
Obama's trip -- combined with recent visits by Vice President Joe Biden -- would seem to suggest that the president's campaign doesn't fully consider Wisconsin safely in its column on the path toward collecting the 270 electoral votes needed to secure the presidency.
But unlike Romney, Obama has more paths to 270 available to him even if he were to lose Wisconsin.


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A little nod to mod with this outfit. I've been obsessed with this check bomber jacket for a few years and it always fits so seamlessly into my year round wardrobe. I paired it with a crisp white shirt with a twist in the form of a unique eyelet cut outs on the collar. I have so many white shirts in my wardrobe but this one just caught my eye when I was browsing one day. I never really shop in River Island but Im glad I popped in and saw the shirt!
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Photos By Jon Barker (edited by me) & follow him on Twitter @JonDBarker


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As the new year begins, many people in the fitness industry are already wondering what the industry will look like when the year ends. With a slowing economy and growing competition, the path that 2008 takes and its final destination are more uncertain than in years past.
Despite the uncertainties, one thing will remain constant in 2008: the obesity crisis will continue. Whether the industry steps up further to help combat this crisis or whether it continues doing the same thing will have ramifications beyond the industry. Federal and state legislation, emerging technology and continued trends in programming and club models will play a part in helping clubs combat the obesity issue and will help determine what the industry looks like at the end of this year.
One of the main factors to watch in 2008 is the economy. What the economy will do is anyone's guess, and pundits seem to vary on their thoughts. Jim Rogers, a highly regarded investor who co-founded the Quantum Fund in the 1970s and predicted the 1999 commodities rally, has said that the United States has entered a recession.
Federal Reserve Chairman Ben S. Bernanke told Congress in November that the U.S. economy would get worse before it gets better. In December, Bernanke cut interest rates for the third time since September. David Rosenberg, North America economist for Merrill Lynch & Co., said in early December that the earnings recession had already arrived and that the country would see an economic recession in 2008.
However, it's still a bull market as markets closed higher in 2007 — even though the year was the most volatile in several years. Twelve analysts surveyed by Barron's Online expect to see higher stock prices this year. None forecast a recession for 2008, although some of them say the economy will be strained.
"My gut is that we have a tough period ahead — maybe 12 to 18 months, but I wouldn't be surprised if it was longer — maybe two to three years," says Claude Okin, managing partner of Sportime, a racquet and sport club company with a fitness component in many of its 13 clubs in the Northeast. "We are as close to a recession as I've ever seen, and I've been in the business for 20 years."
Some worry that the uncertainty could cause people to cut back on their spending related to fitness.
"The housing slowdown, the tightening of credit and the perception of 'lost net worth' by many Americans is very concerning with regard to individual disposable income spending," says Bill McBride, COO of Club One in San Francisco. "This could result in less membership enrollment."
However, Okin maintains some optimism, saying that although the economy may be suppressed, the health club industry has shown growth in tough economic times in the past.
"I believe our industry is one of the most stable that there is," he says. "One of the last things people give up is their health and fitness. In our area — New York — they do less exotic things with their money instead, such as cut out their trips to Europe or their visits to Martha's Vineyard."
McBride says that new sales growth will continue to be challenging, adding, "There is an abundance of supply in most major markets outstripping current demand growth for typical club offerings."
Rick Caro, president of New York-based consulting company Management Vision, predicts flat membership this year. However, the 2008 State of the Industry survey by Club Industry's Fitness Business Pro found that club owners are optimistic about membership growth this year. Of the 271 club owners, general managers and other management-level professionals surveyed at for-profit, nonprofit, university, corporate and military/government facilities, 67 percent expect memberships to increase in 2008, which is the same percentage as last year's survey. Two percent expect a decrease in members this year (again, the same as last year). The rest expect their membership numbers to remain steady during the year.
Seventy percent of club owners expect their revenue to increase in 2008, with an average increase of 18 percent. That is slightly lower than last year, when 73 percent of respondents expected their 2007 revenue to increase, and the average increase expected was 24 percent.
Caro agrees that revenue will increase this year, but he credits much of that increase to expense control. Club owners should focus on key metrics and key drivers at their clubs, Caro says. They need to look at what they can control and what measurements they need to follow. In addition, more club owners will offer performance-based compensation tied to measurable results for department heads and above, he says.
Growing Competition
Despite some club owners' optimism about growth this year, few of them expect 2008 to be a banner year for the industry.
"Capital is tight. Borrowing is difficult," Okin says. "Banks and lenders are more conservative now."
That will affect both greenfield activity and consolidation, Okin says, because financing those deals will be more difficult. Caro agrees, but he says that large club companies with access to capital will continue to expand this year even as smaller clubs with less capital find it increasingly difficult to get loans for expansion.
The difficulty in getting loans may be one reason only 38 percent of respondents to the State of the Industry survey expect to expand or add a facility this year compared to 46 percent last year. More club owners this year plan growth in the form of expanding an existing location. Sixty-one percent of those planning an expansion this year will expand an existing location compared to 51 percent last year. In addition, 43 percent of respondents who indicated last year that they would expand said they would open a new location, but this year only 38 percent indicated the same.
Even though money will be tight, McBride says that maintaining the physical condition of existing clubs will be a necessity for clubs that are more than three to five years old, especially in competitive markets. Some older clubs will need to make significant capital improvements to compete and differentiate themselves in the market.
Despite difficulties for some in getting loans to add new clubs or renovate, the number of fitness facilities will grow in 2008, and competition will continue to be stiff, particularly in the Northeast where Okin says the market is saturated with clubs. Low-priced clubs such as Planet Fitness show no signs of slowing their expansion. The Dover, NH-based company is also an example of how franchised businesses have helped club companies expand quickly. Caro expects the franchised model to continue to be used widely this year, noting particular growth this year in the all-access or key-card clubs.
However, that doesn't mean all will be well with all franchised models. Some franchised circuit facilities have been facing strained finances, and several franchisors faced class action lawsuits. Problems in this area of the industry will likely continue in 2008.
On the Books
In addition to franchising problems, club owners are also keeping an eye on legislative efforts on the federal and state level. These efforts could affect the ability of some owners to compete.
As states face more pressure to boost revenue, more of them will consider charging taxes on health club dues, says Caro. Those efforts failed in three states last year, but the idea is being pushed in at least one state (Pennsylvania) again in 2008.
The other main state legislation to watch for involves efforts to require fitness facilities to have automated external defibrillators on their premises. This type of legislation has already passed in several states.
On the federal side, the main pieces of legislation to keep tabs on are the Workforce Health Improvement (WHIP) Act and the Personal Health Investment Today (PHIT) bill, both of which have been introduced in several sessions of Congress without passing. The WHIP Act would allow employers to deduct the cost of subsidizing or providing off-site health club benefits to employees, who would not have to pay additional taxes on the wellness benefit. The PHIT bill would expand what can be paid out of a person's pre-tax health investment account (health savings accounts, flexible spending accounts, medical savings accounts, etc.) to include the cost of physical fitness programs and exercise equipment. Each is expected to be reintroduced again this year.
Wellness at HQ
Regardless of whether the WHIP Act and PHIT bill pass this year, more Americans are focusing on their health and fitness as the reality of the obesity issue comes into full focus. A growing number of both small and large business owners are realizing the benefits of healthy employees. More companies are offering wellness programs and fitness incentives, ranging from nutrition classes to discounts on health club memberships to on-site fitness centers. Sixty-eight percent of the 600 companies surveyed by the Society for Human Resource Management offer wellness programs. Twenty-five percent of the companies have on-site fitness facilities.
Because of this increased interest in fitness, the corporate market will be further explored by more clubs as they look to connect with more membership opportunities, McBride says. His company already manages a number of corporate and nonprofit facilities.
"Companies will be more open to promoting healthy lifestyles and have more financial need to do so than ever," he says.
This is especially true as more business owners realize that the average return for wellness programs is $2 to $3 for every $1 spent, according to Jerry Ripperger, national practice leader of consumer health for the Principal Financial Group.
Get with the Program
If fitness facilities are going to attract this corporate market, they'll need to provide programming that will keep members coming back. Sixty-eight percent of respondents to the State of the Industry survey plan to increase their programming this year, which is down from last year when 73 percent planned to increase programming.
Part of the issue may be that few new types of programming have been introduced, and Caro doesn't see any truly new type of programming around the corner. Instead, he predicts the continued popularity of personal training, group training, fusion classes, functional training, Pilates, yoga and dance-oriented classes.
Adult one-on-one personal training continues to be the most popular training format provided by fitness professionals, according to IDEA's 2007 Fitness Programs and Equipment Survey. More respondents to the State of the Industry survey earn nondues revenue from personal training than from any other programming.
However, group training is also gaining in popularity. That certainly holds true in the State of the Industry survey, where 57 percent of respondents say they will add or expand group training this year. The growth in this area may be due to the greater affordability of group training over personal training and to the possibility of a higher motivational aspect when working with a group of people with similar goals.
More clubs are expected to introduce programming to help fight the childhood obesity epidemic, according to a survey by the American College of Sports Medicine. In fact, 39 percent of survey respondents plan to add or increase children's programming this year. The Calorie Control Council predicts that to help in this area, exercise will become more of a family affair.
Seniors won't be left out. In 2007, the senior market was the fastest growing market in the fitness industry, according to the International Health, Racquet and Sportsclub Association. That trend is expected to continue this year. To address this market's special fitness needs, more clubs will offer programs designed specifically for seniors, including classes that focus on improving strength and balance as well as functional training to make everyday living more enjoyable. The State of the Industry survey found that 40 percent of respondents will add or increase their senior programming this year.
In addition, the American Association of Retired People, which is the advocacy group for individuals older than 50, launched a major fitness initiative in September 2007 aimed at providing a range of affordable fitness services to its 39 million members.
Also growing in 2008 will be weight-loss programming. Forty-five percent of respondents to the State of the Industry survey plan to add weight-loss programs to their clubs this year or expand existing weight-loss programs. That compares to 41 percent that planned to do the same last year. Companies such as Curves, Waco, TX, and Elements, Miami, FL, started online weight-loss sites last year. More club owners may consider doing the same this year.
Clubs Go High Tech
Online weight-loss sites are just one example of the growing importance of the Internet and technology in the fitness business. More members are bringing their iPods, PDAs and other personal devices into clubs to exercise to downloaded music and workout programs. Members also make the most of their time while at the club by checking e-mail and conducting business. In addition, more tracking and data technology is becoming available, which should help improve training for members.
As members become more technology savvy, they are turning to the Internet for much of their purchasing needs, so it's likely that they'll turn more often to the Internet to find fitness facilities. Caro expects more online sales as more club owners realize that people's use of the Internet is translating to more online memberships sold rather than during a personal visit to a club. As an extension of that trend, more club owners will begin to rely on the growing number of online lead-generation companies, he says.
Clubs will also turn more to technology for their backoffice systems. Caro expects more use of sales-prospecting software this year.
"Even clubs that do a good job in sales will be more reliant on these because I think more prospects don't join on the first visit, and there is more need for follow up," Caro says. "Prospecting software makes that easier and creates a system for further communication, so clubs aren't dropping opportunities and missing out on people who showed initial interest but may take longer to make their decision."
Caro also expects more owners to use customer-relationship management software as a way to learn more about their members and therefore improve their facility's retention.
Wait and See
As the growing use of technology by members and club owners shows, the industry is changing and maturing. 2008 could prove to be a pivotal year for the industry if a recession occurs and whether or not the industry is able to weather the storm as it has in previous economically lean times. The difference today is that fitness facility owners and managers face more competition from for-profit, nonprofit and corporate facilities, and membership numbers have not grown as fast as the number of new clubs has.
In addition, as a survey of 10,000 Consumer Reports subscribers shows (the survey will appear in the February issue of Consumer Reports), club members don't always see the value of higher-priced clubs when they think that they can get the same basic equipment and services at a lower price elsewhere. Survey respondents, all of whom were members of a club in the past six months, gave higher marks to nonprofits, community centers and corporate fitness facilities than to most of the national chains listed in the survey. Members said the main reason they rated these facilities higher was the value they said they got for the lower price.
This finding may mean that in addition to facing economic uncertainty, more for-profit facilities may need to re-evaluate their business practices in 2008 to ensure that they are offering more for their members and to ensure that they make the value of the membership clear. Otherwise, an economic recession won't be the only thing to be wary of this year.
ACE Predicts Fun for 2008
2008 promises to be filled with water aerobics, boxing clubs and spicy Latin dancing. That's according to an annual survey by the American Council on Exercise (ACE) of its worldwide network of personal trainers, group fitness experts, advanced health and fitness specialists, and lifestyle and weight management consultants. Some trends continue from 2007, including functional fitness, balance training and increased access to personal training for all segments of society. The following represents ACE's listing of the top 10 fitness trends for 2008.
- Out-of-the-Box Workouts
The popularity of TV shows like ABC's "Dancing with Stars" has dance studios popping up around the country. Hip hop, ballroom, Latin and country-line dancing combine high energy and motivating music with unique moves. Outdoor boot camps are gaining in popularity, and local boxing clubs have crowded rings and classes filled with people of all ages.
- Body-Weight and Equipment-Free Workouts
Equipment can intimidate some, and others want to add options and flexibility to their existing workout regimens. These full-body workouts focus on movement patterns, repetitions and plyometric work to target multiple muscle groups. These types of workouts are perfect for those traveling because they require no equipment.
- Event or Sports-Specific Programming
The millions of Americans who participate each year in charity runs and walks often do so after training for up to a year. Clubs are offering training for surfboarding, golf, football and more.
- Boomer Fitness Focus
For the aging population, regular exercise is critical in keeping the body limber, injury free and more youthful. The American Association for Retired People, which is an organization for individuals older than 50, launched a major fitness initiative in September 2007 aimed at providing a wide range of affordable fitness services to its 39 million members.
- Focused Express Workouts
Also growing in popularity are group classes lasting 30 minutes or less that focus on one component of fitness or training a specific part of the body (e.g., core stabilization, upper-body strength, balance and agility, aerobic training/fat burning). Participants enjoy targeting a specific goal within a short-time commitment. Many clubs piggy-back these classes in their schedules in order for members to attend two classes in a row.
- Total Wellness Programming
More people will focus on injury and disease prevention and understand how food, exercise, weight and a healthier mindset must interact for the body to achieve balance and total wellness. It is a focus on what the body and mind need and how to encourage them to work in harmony.
- Hybrid Programming
Fusion of mind-body techniques like breath work and meditation into traditional modalities continues to be popular. Workouts like Spin-Yoga and Pilates Fusion combine strength, flexibility and endurance, and offer the equivalent of an all-in-one exercise experience.
- Personal Training
Ninety-three percent of ACE fitness professionals surveyed say personal training will be more accessible in 2008. Personal trainers offer clients guidance, motivation and positive accountability.
- Technology-Based Workouts
Consumers are using downloadable programs on their iPods and PDAs that offer fitness programming with illustrations and/or streaming video. New technology also allows more precise measurements of a variety of physiological responses and documentation of training-program results.
- Functional Strength Training
Incorporating functional training into an existing exercise program enhances strength, endurance, balance and coordination in everyday activities. Individuals will increasingly search for workout programs that will help them more safely and effectively perform their activities of daily living, work-related tasks and recreational or sports-specific activities.
The YMCAs Focus on Activity
With the YWCAs getting out of fitness and focusing on other issues, the nonprofit sector is being left to the YMCAs and the Jewish Community Centers (JCCs). In late December, the YMCA of the USA's President and CEO Neil Nicoll announced that the Y would use its Activate America program to focus on holistic development of children and youth, strengthening family, and health and well-being for all.
To help with this effort, the Ys are partnering with Kimberly-Clark Foundation and a diverse range of expert advisors, including the Stanford University School of Medicine.
The organization's Pioneering Healthier Communities (PHC) initiatives, which were launched in 2004 as part of Activate America, drives policy, new programming, structural and environmental change in communities to promote healthy lifestyles. Each year, the Y selects a new group of communities to take on the task of transforming their hometowns into healthier environments, something they will do again in 2008. PHC is rooted in the principle that a multifaceted, community-based approach that includes policy strategies is needed to create sustainable and lasting change. The Y has added 18 communities to the program this year, bringing the total number of communities participating to 64. Each community team receives a grant from the Centers for Disease Control and Prevention for its team members to travel to Washington, DC, for a Pioneering Healthier Communities Conference. The team is then eligible to receive a one-time grant to assist in the implementation of activities.
PHC teams have already implemented changes, including reinstating physical education in schools, changing school vending and snack policies, improving city-wide trail systems and bike paths, and creating local walking clubs.
Spa Trends
Trends in the spa business for the year will focus on Feng Shui, wellness, sleep and seven other areas, according to SpaFinder, a spa resource company. The New York-based spa marketing and media company released its list of trends to watch in 2008, which is summarized below.
- Feng Shui
Waterfalls and fine art along with soul-stirring design and ambience will be popular this year.
- The Star Therapist
Rather than being dazzled by just the features and services at a spa, savvy spa-goers will begin to seek out and reward talented therapists.
- Wellness
Wellness may become the next trillion-dollar revolution, and it's becoming increasingly central to the spa experience. It includes alternative practices such as energy medicine, reiki and traditional Chinese medicine.
- Luxury Detox and Boot Camps
Detox programs and weight-loss boot camps have long been associated with deprivation, suffering and penitence. However, many spas are beginning to treat them less as "punishments" and more as celebrations.
- Spa Real Estate Mania
Since 2004, the number of residence communities with a spa/healthy living component has grown from a handful to more than 250. That number will surpass 300 before the end of the year, according to SpaFinder. This trend will continue despite the downturn in real estate as developers look to differentiate their offerings and target more affluent buyers.
- Taking Sleep Seriously
Recent studies have highlighted the importance of sleep for improved productivity at work, cardiovascular health and weight loss. Spas will respond by adding sleep directors, offering sleep programs (including medically guided sleep analysis) and adding snoozing zones.
- Fertility Tranquility
Spas are beginning to offer treatments and diet regimes designed to boost fertility. Fertility-oriented acupuncture is becoming especially popular as a natural alternative for couples worried about the health effects of fertility hormones.
- Hydro and Thermal Super-Experiences
The European tradition of alternating hydro/thermal experiences is catching on worldwide and being interpreted in new ways. Spa goers can experience a rain-mist shower, samarium, monsoon, grotto steam, affusion shower, ice igloo, pelotherapy chamber, bucket-drench shower, sole therapy or tropical shower.
- Urban Spa Explorer
Increasingly, young urbanites are taking a "rough guide" approach to spa going, moving beyond high-end spas to explore the melting pot of largely immigrant-run spas — from Russian and Korean baths to Thai massage parlors that are popping up in many U.S. cities. They offer authentic, indigenous treatments.
- Plug-in or Unplug
Spa goers can now choose whether to stay plugged in and use their Blackberries during treatment or get unplugged and get away from it all while at the spa.


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The Civil War lasted four years, yet events leading to it and repercussions afterward affected lives for decades. This collection gives you access to original images of military records, pension files, little-known government documents, and photographs. Included are first-hand accounts of individuals appealing for war reparations, photographs of soldiers and civilians, and the pension file index of Union soldiers who survived the struggle.
As a whole, it is a unique collection of names and events relating the American experience during a nation-defining period. In its individual parts, the details and stories are captivating and unexpected. Read interviews with Southern civilians relating how the Union army confiscated their goods and property to support its troops. Find an ancestor within a regiment, information on his term of service, then learn how to access his complete pension record. View the fire-scarred ruins of Richmond, portraits of the officers who commanded the troops, battle scenes that riveted northern citizenry.
To learn more about federal records covering the Civil War era, read the online edition of "Civil War and Later Navy Personnel Records at the National Archives, 1861-1924," by Lee D. Bacon, an article originally published in NARA's Prologue magazine, Summer 1995 (Vol. 27, No. 2).
Search for specific individuals or browse the collections below. Encounter the people who made history in small and large ways, and enhance your understanding of America's heritage.


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Relist Watch
John Elwood reviews Monday's relisted cases.
If the last few days of torrential rains have left you feeling more gloomy than an amorphous blob in need of a serotonin-norepinephrine reuptake inhibitor, Relist Watch is here as usual to cheer you up.
Eventually. First we have to take care of the bad news. Yesterday marked the end of the line for three of last week's relists, as the Court hachaed twice-relisted, generically named Limited Liability Company v. Doe, 12-855, the Federal Arbitration Act case by way of Puerto Rico; cast off into darkness one-timer Scott v. Saint John's Church in the Wilderness, 12-1077, the Colorado anti-abortion protestor First Amendment challenge; and caused severe prejudice to the petition in Acosta-Ruiz v. United States, 12-6908, the Fifth Circuit harmless-constitutional-error case. Kinda-sorta-could-be-a relist Ford v. United States, 12-7958, which raised a similar harmless-error issue, fared no better.
If you feel your blue mood receding, it may be because we're getting in to the good (or at least not bad) news. The Court keeps coming back for more of White v. Woodall, 12-794, the Sixth Circuit state-on-top habeas case now on for its fourth relist since the complete record arrived, and of third-time-relist (and former hold) Gallow v. Cooper, 12-7516, the Fifth Circuit state-on-bottom habeas case.
There was a flurry of new relist activity Monday. Perennial dawdlers may recall that Harris v. Quinn, 11-681, graced these pages just over a year ago. That Seventh Circuit case concerns the constitutionality of an Illinois law requiring personal care providers to accept and financially support a private organization as their exclusive representative to petition the state for greater reimbursements from its Medicaid programs. The Court called for the views of the Solicitor General, which, a mere 316 days later, responded that Illinois's mandatory union arrangement is a-OK under the First Amendment and the petition should be denied. Petitioner likely hopes the Court will accord the SG's views due weight and grant cert. anyway. But even if the Court grants review, respondent Pat Quinn can take comfort in so far avoiding the fate of his predecessors in an office that introductory law school courses teach is the last pre-indictment stage of federal criminal procedure.
Patent lawyers take note of the relist in Limelight Networks, Inc. v. Akamai Technologies, Inc., 12-786, a case concerning liability for inducing patent infringement. In a dispute over one of Akamai's patents for the use of multiple servers to store and load different parts of web content in order to speed up how fast websites load (academic if, like me, you have lightning fast Internet), the Federal Circuit held Limelight liable because it performed the first three of four steps of the patented method, and induced its customers to perform the final step (some of whom did). In its petition, Limelight urges that a party cannot be held liable where no one person performs all the steps of a patented method. The Court also relisted Akamai Technologies, Inc. v. Limelight Networks, Inc., 12-960, a conditional cross-petition asking the Court to consider the scope of joint infringement liability in the event it takes up Limelight's petition.
Amy and Vicky, Child Pornography Victims v. U.S. District Court for the Western District of Washington, 12-651, a mandamus case out of the Ninth Circuit, concerns the role of proximate cause in awarding restitution to children depicted in images possessed by those convicted of child pornography. The Ninth Circuit agreed with the majority of courts of appeals that the restitution statute, 18 U.S.C. § 2259, requires victims to show that their injuries were proximately caused by the defendant's specific actions. Wright v. United States, 12-8505, raises a nearly identical issue, only there the Fifth Circuit, in a highly fractured en banc decision, rejected the reading of "[a]ll of [its] sister circuits that have addressed th[e] question," instead relying on the "plain language" of Section 2259 to hold that child victims need not show proximate cause. Both cases involve some of the same victims.
So as not to disturb the fundamental rule of nature that as the number of relists approaches four, at least one has to be a habeas case, the Court relisted Ryan v. Schad, 12-1084, yet another state-on-top habeas case out of the Ninth Circuit, and with a long pedigree to boot: It was relisted in the early days of Relist Watch, and then GVR'd a couple years ago in light of Cullen v. Pinholster. In its current form, a panel majority consisting of Judges Schroeder and Reinhardt reconsidered the prior denial of Schad's latest GVR request, and ordered the case to be sent back to the district court for reconsideration of "new evidence" relevant to his ineffective-assistance-of-counsel claim in light of Martinez v. Ryan. The Ninth denied rehearing en banc, with eight of the court's more conservative judges dissenting. Can't imagine why this has caught the Court's attention.
Last up is UBS Financial Services Inc. of Puerto Rico v. Union de Empleados de Muelles de Puerto Rico, 12-1208, which with the demise of Limited Liability Company preserves an Enchanted Isle toehold on Relist Watch. Petitioners argue that that First Circuit applied the wrong standard of review to the district court's determination that the plaintiffs failed to plead demand futility with particularized facts in their shareholder-derivative suit: The court of appeals applied de novo review instead of abuse-of-discretion, the standard adopted by the majority of circuits and the Delaware Supreme Court.
Just a handful of Conferences remain until these palliatives end for the summer and you have to confront the emptiness of your existence. But just remember it could always be worse.
Thanks to Eric White and V&E summer associate Varun Jain for compiling and drafting this update.
Issue(s): (1) Whether a state may, consistent with the First and Fourteenth Amendments to the United States Constitution, compel personal care providers to accept and financially support a private organization as their exclusive representative to petition the state for greater reimbursements from its Medicaid programs; and (2) whether the lower court erred in holding that the claims of providers in the Home Based Support Services Program are not ripe for judicial review.
Issue(s): Whether the Federal Circuit erred in holding that a defendant may be held liable for inducing patent infringement under 35 U.S.C. § 271(b) even though no one has committed direct infringement under Section 271(a).
Issue(s): Whether a party may be liable for infringement under either section of the patent infringement statute, 35 U.S.C. §271(a) or § 271(b), where two or more entities join together to perform all of the steps of a process claim.
Issue(s): Whether, when the Mandatory Restitution for Sexual Exploitation of Children Statute, 18 U.S.C. § 2259, provides that a court "shall order restitution" for a victim of child pornography "in the full amount of the victim's losses," which are defined to include several specified categories as well as "any other losses suffered by the victim as a proximate cause of the offense," a defendant is excused from paying restitution for the itemized loss categories unless there is proof that the victim's losses were the proximate result of an individual defendant's child pornography crime.
Issue(s): Whether, under the Mandatory Restitution for Sexual Exploitation of Children Statute, 18 U.S.C. § 2259, (1) the victim's losses must be proximately caused by the defendant's offense conduct to qualify for restitution under § 2259; (2) the restitution is limited to those losses caused by the conduct underlying the offense of conviction, as required by Hughey v. United States; (3) the conduct underlying the petitioner's offense of conviction – possessing at least one of the victim's images by downloading it from the Internet onto his computer without the victim's knowledge – satisfy the causal connection required for the imposition of $529,611 in restitution; 18 U.S.C. § 3664(h) authorizes the imposition of joint and several liability for restitution on unrelated defendants in different cases in different judicial districts, and can the mechanism of joint and several liability be used to avoid determining the specific loss caused by the specific possessor of child pornography.
Issue(s): (1) Whether the majority panel opinion order conflicts with Bell v. Thompson by staying the issuance of the Ninth Circuit's mandate based on its reconsidering a motion it had already denied prior to certiorari review; (2) whether the order erred by applying Martinez v. Ryan rather than Cullen v. Pinholster when the district court did not find a procedural default, but rather considered Schad's claim of ineffective assistance of counsel on the merits (that the state post-conviction court had denied on the merits), and alternative considered the merits of the claim in light of new evidence first presented in the federal habeas proceedings; (3) whether the order erred by remanding to the district court to reconsider the new evidence that it had already considered.
Issue(s): Whether, consistent with the standard of review employed by other Circuit Courts of Appeals, but in direct conflict with the decision below, the United States Court of Appeals for the First Circuit should have reviewed for abuse of discretion the District Court's determination, pursuant to Rule 23.1, that the particularized facts alleged in a shareholder derivative complaint were insufficient to excuse a pre-suit demand on the corporation's board of directors.
Issue(s): Whether a federal court can consider new evidence to support a state prisoner's application for habeas relief under 28 U.S.C. § 2254(d), when the state court record was not developed as a result of incompetent and likely conflicted post-conviction counsel.
Issue(s): (1) Whether a proper harmless error analysis may ignore the prejudicial effect of evidence erroneously admitted at a trial and focus only on whether other evidence from the trial is convincing enough to sustain a conviction; (2) Whether a Court of Appeals may override the Government's express waiver of the harmlessness inquiry and engage in sua sponte harmless error review.
Issue(s): (1) Whether the Sixth Circuit violated 28 U.S.C. 2254(d)(1) by granting habeas relief on the trial court's failure to provide a no adverse inference instruction even though the Supreme Court has not "clearly established" that such an instruction is required in a capital penalty phase when a non-testifying defendant has pled guilty to the crimes and aggravating circumstances; and (2) whether the Sixth Circuit violated the harmless error standard in Brecht v. Abrahamson in ruling that the absence of a no adverse interference instruction was not harmless in spite of overwhelming evidence of guilt and in the face of a guilty pleas to the crimes and aggravators.
Recommended Citation: John Elwood, Relist Watch, SCOTUSblog (Jun. 12, 2013, 11:35 AM), https://www.scotusblog.com/2013/06/relist-watch-19/


text: Baby Sloth Naming Contest to Coincide with International Sloth Day In honor of International Sloth Day on October 20, National Aquarium will launch a naming contest for the Linne's two-toed sloth born in Baltimore in late August. The newest addition to the Upland Tropical Rain Forest and the first born to Ivy, one of the four sloths in the exhibit, is the third sloth born at National Aquarium, Baltimore. The public is invited to visit >www.aqua.org/slothcontest between now and November 1 to submit name suggestions. A panel of National Aquarium staff will review and consider all entries. Then, from November 2 to 15, the public can vote on one of four names selected by the panel. The winning name will be announced on the morning of November 16. International Sloth Day aims to bring awareness to illegal trafficking and the mistreatment of sloths in Central and South America. The AIUNA foundation, the starters of International Sloth Day rehabilitate sloths that have been injured by power lines, hit by cars or sold illegally and release them back into the wild. "Aside from the incredible conservation message that International Sloth Day provides, sloths are increasingly finding a place in American pop culture and hearts with celebrities such as Kristen Bell expressing their fondness for the furry animals and websites like BuzzFeed, Huffington Post and Jezebel dedicating space on their websites to the adorable creatures," said National Aquarium Vice President/Chief Marketing Officer Steven Schindler. "We are overjoyed by the birth of the baby sloth and we look forward to seeing what names the public comes up with." Sloths have been an ongoing part of the animal collection at National Aquarium. The two oldest sloths currently living in the rain forest, Syd and Ivy, were acquired in May 2007 from a private captive breeder in South Florida. The other two sloths, Howie and Xeno, were born at National Aquarium in 2008 and 2010, respectively. Linne's two-toed sloths are commonly found in South America's rain forests, where they spend almost their entire lives in the trees. They are nocturnal by nature, fairly active at night while spending most of the day sleeping. Adult sloths are typically the size of a small dog, approximately 24-30 inches in length and about 12–20 pounds in weight. The Linne's two-toed sloth is currently not threatened however other species of sloth, such as the maned three-toed sloth and pygmy three-toed sloth are endangered. The sloths at National Aquarium, Baltimore help to inform people of the plight of all sloths from threats such as habitat loss and fragmentation of forests as well as to inspire conservation, protection and welfare of these and other animals. Forest fragmentation forces sloths to come to the ground to travel to additional food trees. On the ground, they become easy prey for dogs and humans. Additionally, many sloths are either killed or injured when trying to cross roadways, others are electrocuted by overhead electrical lines. "Our staff continues to monitor the mother and baby from a distance, allowing for the natural relationship between mother and child," said Ken Howell, Curator of Rain Forest Exhibits at National Aquarium. "While we have not been able to determine the baby's gender with complete certainty, we believe the baby to be female." Ivy and her new infant are free roaming in the Upland Tropical Rain Forest exhibit. Categories: Animals, Conservation


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A lawyer for Gucci Mane says a judge has set a $75,000 bond for the rapper, who is accused of hitting a fan in the head with a champagne bottle at an Atlanta nightclub.
Attorney Drew Findling said Wednesday that his client, whose real name is Radric Davis, plans to post bond in Fulton County. He will then be transferred to DeKalb County, where Findling says Davis has a hold placed on him because of his probation for an unrelated misdemeanor charge.
Davis was originally denied bond at a hearing last month.
A fan says Davis hit him in a club's V.I.P. area on March 16 while he tried to take a picture with Gucci Mane. The fan, James Lettley, said he needed 10 stitches.


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An explanation of how we compile the Top 100--from gathering data to inviting industry experts to verify our figures.
Once again, Club Industry proudly presents our annual Top 100. Using self-reported figures, we rank the largest clubs and club chains in the country by their 1999 revenue.
As in past years, we present the Top 100 as a benchmark, not as an irrefutable ranking of health clubs. The figures contained in the Top 100 come directly from clubs willing to participate. Since most health clubs are not publicly held, we cannot guarantee the factuality of the data they supplied. However, Rick Caro, chairman of Spectrum Clubs International, reviewed the Top 100 for any glaring discrepancies or omissions, and we acted on his feedback. For that reason, we feel that this listing gives a reasonable indication of the largest players in the health and fitness marketplace. In fact, we are confident that this is the best Top 100 listing ever published in Club Industry.
While the Top 100 lists in previous years contained some revenue based on estimations, all of the information this year comes directly from the clubs. Also, Club Industry's editors worked to secure the cooperation of club operators who, in the past, asked not to be included in the Top 100 listings.
Still, we recognize that many top players are missing from the list. Participation is optional, and some club operators whom we contacted chose not to submit information. In more than one case, they told Club Industry that they wanted to keep a low profile because they were afraid of drawing the attention of growing club consolidators. (It's an honest response-with one flaw. If your club is successful, chances are the club consolidators already have an idea how much you are making.)
Many of the clubs that don't appear on this year's list have been absent in past years as well. Equinox, Chelsea Piers, Good Life Fitness Clubs, American Club Systems, Pro Sports Club, Wheaton Sports Center, Spare Time, Cascade Athletic Clubs, Dolphin Fitness Centers and Courthouse Athletic Club all deserve places on the Top 100, but they have consistently decided to keep their sales figures private.
Similarly, some clubs listed in 1999 opted against participation in 2000. However, since they estimated their 1999 revenue when they took part last year, we can deduce where they would have ranked this year. Women's Workout World, which ranked 38 last year with 1998 revenue of $14.5 million, would have ranked approximately 35 this year with an estimated $15.2 million. The YMCA Metro Mobile, which ranked 77 last year with 1998 revenue of $6 million, would have ranked approximately 75 this year with an estimated $6.5 million. And the YMCA of Madison, N.J., which ranked 80 last year with 1998 revenue of $5.7 million, would have ranked approximately 77 this year with an estimated $6 million.
A few other companies missing this year owe their absence to acquisition. Q Clubs, Sportslife, the Sports Club of Canada, Racquetball & Fitness Clubs of San Antonio, and Frog's, An Athletic Club all ranked among the Top 100 in the past, but they are now owned by other members of the Top 100. To find out where these acquired companies might have ranked this year if they had remained independent, refer to the chart Gone, But Not Forgotten on page 54.
Finally, you may notice that the industry's leading franchisors/licensors are missing from the Top 100. Listing franchisors/licensors has always proved problematic. Since we rank clubs by corporate revenue, we ask franchisors/licensors to supply the revenue of corporately owned clubs and/or francishing/licensing fees only. However, when these figures are added up, total corporate revenue for franchisors/licensors is not always high. Some franchisors/licensors feel this reflects poorly on their businesses, so they choose not to participate. Other franchisors/licensors include the sales revenue of individually owned franchised/licensed sites, which is not part of their total corporate revenue. As a result, these franchisors/licensors seem bigger than they actually are, throwing off the rest of the rankings for the Top 100.
In the interest of fairness, this year we listed franchisors/licensors separately on page 52, reporting their total number of franchises/licenses and owned clubs, as well as the total number of states and countries in which they operate. Although we don't include corporate revenue, we believe that the information provided gives a good indication where these franchisors/licensors belong on the Top 100.
Since we are always looking for ways to improve the Top 100, please send your feedback. After going through the Top 100, contact us at Club Industry Top 100, 1300 Virginia Drive, Suite 400, Fort Washington, PA 19034; fax: (215) 643-4827; e-mail: [email protected] If your club/ chain should have appeared on the list, please let us know so that we can contact you when we begin compiling next year's list.


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4BETTER OR WORSE- The week in review
Worst accidents: A four-year-old child is struck by a Chevy Blazer around 6pm April 2 on Dice Street and is in critical condition at UVA Medical Center at press time, just three days after an infant dies from hyperthermia in a car at the JAG School at UVA [see story p. XX.]
Best real estate squabble: Controversy erupts as students living on the Lawn object to UVA senior VP (and top fundraiser) Robert Sweeney's desire to live in soon-to-be-available Pavilion VI, a privilege usually reserved for faculty, Aaron Kessler reports in the Progress.
Latest Beefy Brown court appearance: Colonial Heights accused police killer Douglas Michael Brown Jr., whose lengthy rap sheet includes a conviction for allegedly flinging feces at a guard while he was incarcerated in the Albemarle-Charlottesville Regional Jail, pleads guilty to cocaine possession in Charlottesville Circuit Court March 27, according to Liesel Nowak in the DP.
Latest Whisper Ridge court appearance: Administrator Melissa Pohl Sargeant is acquitted of a misdemeanor charge March 28 for failing to immediately report suspicions that a child in her care had been abused, the Progress reports. Six Whisper Ridge staffers face charges, but a jury deadlocked in the earlier trial of Bryan Antwann Vaughan, who was accused of inappropriately touching one teen patient and having sex with another.
Best news for Earl Washington: Virginia will pay $1.9 million to the man who came within nine days of execution for a crime he did not commit, in a plea agreement that ends the state's appeal of his $2.25 million award last year.
Highest court experience: UVA's Supreme Court Litigation Clinic successfully petitions the high court to hear Watson v. United States from the more than 7,000 petitions the Supreme Court receives a term. Students are writing briefs in support of Michael Watson, who had nearly 10 extra years added to a drug deal sentence for having a gun, which the law students will argue is not the same as "using" a gun.
Biggest bailout: Charlottesville churches, led by the Rev. Alvin Edwards, raise more than $21,000 to pay the rent of 79 families facing eviction from Charlottesville public housing.
Latest supe contenders: Kevin Fletcher announces another run at incumbent Lindsay Dorrier, who defeated Fletcher in 2003 to retain his Scottsville seat on the Albemarle Board of Supervisors, and Planning Commission Chairwoman Marcia Joseph says she's running for the seat held by Chairman Ken Boyd.
First and second clerk contenders: Dive Connections co-owner John Dawson, 55, announces his desire to succeed soon-to-retire Shelby Marshall as Albemarle County clerk of the circuit court. Dawson co-founded Fitness Gallery and is a former program director for the Y. His announcement is followed by that of Charlottesville General District Court deputy clerk Janet Ferrance, who will also vie for the clerkship.
Latest inductee to the Consumer Electronics Hall of Fame: Charlottesville native Bill Crutchfield joins 10 other industry heavyweights, including Microsoft founder Paul Allen.
Best grad schools: US News & World Report places several UVA graduate schools in its top ranks, including nursing (#19), law (#10 tied with Duke), and business (#12).
Biggest downside to discount shopping: Hackers steal data from nearly 46 million credit and debit cards used by shoppers at T.J. Maxx and Marshall's.
Best bus buzz: UVA students, faculty, and staff can hop on any Charlottesville bus and ride free if they flash an ID.
Best way to get a free t-shirt: Charlottesville Gas and the city offer a prize with a retail value of $200 for naming its new gas-safety mascot. Thirty additional winners get a t-shirt with the mascot's picture.


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The graphs showing throughput with and without the thread pool are taken from the benchmark performed by Oracle and taken from here:
The main take away is this graph (all rights reserved to Oracle, picture original URL):
Scalability is where throughput can grow and grow, as demand grows. I need to get more from the database, the question is: "can it scale to give it to me?". Scalability is where the response time remains "acceptable" while the throughput grows and grows.
Every database has a "knee point".
- In the best case scenario, in this knee-point, throughput will go into a flat plateau, and On the same point BTW, response time will start climbing, passing the non-acceptable point.
- In a worse case scenario, in this knee-point, throughput, instead of a flat plateau, it will take a plunger. On the same point BTW, response time will start climbing fast to the roof.


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Trade to Mets nearly sent Hernandez into retirement
Distraught after being dealt to New York, first baseman seriously weighed options
NEW YORK -- We've known for nearly 31 years about the tearful episode in the showers in the visitors' clubhouse in Olympic Stadium in Montreal two days after the Cardinals had traded Keith Hernandez to the Mets. Hernandez wept openly that North of the Border evening in June 1983. He wanted no part of the Mets, a team of have-nots in his mind. That he would exercise his collectively bargained right to demand a trade following the season was a foregone conclusion. And the most likely scenario for the Mets was to be swindled in a trade they were forced to make.
Now we learn it was even more perilous than that for the team Hernandez would turn around in 1984. He seriously considered retirement in the days following the deal. He acknowledges as much in the foreword of an advance copy of a book co-authored by Mookie Wilson entitled Mookie: Life, Baseball and the '86 Mets. Not only did Hernandez weigh that possibility, he acted on it. He contacted his agent, Jack Childers, to determine whether he had enough money earned, saved and invested to quit the game, right then and there.
"You know me, crazy and impulsive Keith," Hernandez said Wednesday night. "But yeah, I thought about it. I didn't want to be here. I talked to my brother about it, and I called Jack. He said, 'Not a chance.' But really, I know what to do. I wound up calling George Hendrick. I respected him and what he had to say."
Hendrick was two-thirds through his 18-year career and playing for the Cardinals, his fourth team. He replaced Hernandez at first base in '83.
"George told me everyone went through that sort of thing," Hernandez said. "You get traded, you get down. But he said I'd come out of it."
Such an intense player, Hernandez wondered about motivation. He had won a batting title and shared, with Willie Stargell, a National League MVP Award in 1979. And the Cardinals had won the 1982 World Series.
"How much better could things get at that point? That's what I was asking myself," he said. "I knew I could play. But did I want to play in New York for a bad team?"
Rusty Staub persuaded Hernandez that playing -- and living -- in the big city could be a most positive experience. And general manager Frank Cashen convinced Hernandez that the Mets were on the verge of changing from being have-nots to have-lots. Dwight Gooden and Darryl Strawberry were coming; Hernandez was staying.
He re-signed with the Mets, and in the subsequent five seasons, Hernandez played in more victories and gained more MVP support than any other player in the National League.
"Who knows?" Hernandez said. "If I'd made more money by the time I was traded, I might have quit."
A cap gapper
Persistent wind made for some difficulty at Citi Field on Wednesday night; gusts made for laughs. In the second inning, a gust took the cap from Cardinals starter Michael Wacha and carried it to second baseman Mark Ellis, who handled it cleanly. The 4-unassisted prompted thoughts of a similar wind-blown incident in 1987 in San Francisco. The Cubs were playing the Giants at infamously blustery Candlestick Park, the site of the All-Star Game in 1961 when Giants reliever Stu Miller quite literally was blown off the rubber.
Ed Lynch was the Cubs' pitcher than night in '87.
"I had to pitch from the stretch that night," Lynch said by telephone Wednesday night. "The wind was steady at 35 [mph], with gusts to 60. If I threw from a windup off one leg, I would have been blown over. ... All of a sudden a gust takes my cap. It was like it was on a string and someone just yanked it off my head.
"It's gone. I turn around and see [shortstop] Shawon Dunston. He dives for it, but it gets past him like a hot ground ball. I mean, within three seconds, my hat's pinned to the chain-link fence in left-center five feet off the ground. It was my first gapper."
Meet the misses
Even before the Mets were retired in the fourth inning Wednesday night, they had increased their already high average number of strikeouts per game. Their first nine outs against Wacha came via strikeouts, and their second out in the fourth, a called third strike with Jon Niese batting, increased their per-game average from 9.45 to 9.48. The latter figure increased to 9.67 by the end of their 3-2 victory and put the team average for this season more than a strikeout higher than last season.
Perspective: The 2013 Mets tied for the National League lead in strikeouts with 1,384 in 162 games.
At this point, the '14 Mets are on pace to establish a big league record for strikeouts at 1,567. The Astros struck out 1,535 times last year to set the record. The NL record, 1,529, belongs to the 2010 D-backs. Not so incidentally, the Astros of 2013 and D-backs of 2010 finished last in their respective divisions.
And speaking of strikeouts
The Mets oppose the Marlins, though not Jose Fernandez, this weekend. Just as well for the home team. The Marlins' phenom leads the NL in strikeouts -- 47 in 31 2/3 innings. Moreover, he's pitching quite effectively. He has a 3-1 record and a 1.99 ERA in five starts. His ERA is .04 higher than his target figure for the year, a number he made public in Spring Training. "I'm pretty sure I can do it," he said of a 1.95 ERA. And so far ...
And speaking of misses
Matt Holliday made a dazzling leap and catch at the left-field wall in the fifth inning Tuesday night to deny Chris Young a possible home run. With Holliday hardly known for his defensive prowess, his play was reminiscent of another in left made by a challenged defender in a game between the Cardinals and Mets.
David Arthur Kingman (as Bob Murphy identified the slugger during his two tours with the Mets) was the left fielder in an afternoon game at Shea Stadium in 1974. Mike Tyson, the Cardinals shortstop, not that Mike Tyson, hit a high fly ball that Kingman tracked to the wall and to the left of the visitors' bullpen.
Kingman had more than enough time to set himself, and he did. He timed his leap, jumped and extended his left arm well over the top of wall.
And Tyson's fly ball landed, untouched, at the base of the wall.
Days later, Kingman explained his misplay. With no attempt to deadpan it, he said, "I misjudged the ball."


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* Unfortunately we do not currently offer online shopping in these locations.
The unmistakable RIMOWA Original is regarded as one of the most iconic luggage designs of all time. Remarkably robust and surprisingly lightweight, this timeless classic is an unparalleled example of craftsmanship and innovation. Made from high-end anodized aluminum, each RIMOWA Original is engineered with longevity in mind.
Please note that due to product update some minor details may differ to the image pictured.
Includes a complimentary leather luggage tag and sticker set.
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Ben Dowling
A sonic and visual experience featuring the surround-recorded solo piano music of Ben Dowling and the moving paintings of NEA recipient Mark Wagner. Product comes as a CD and DVD in one package. Music is available in digital formats.
Click cover to purchase from CD Baby
This project was influenced by Joe Zawinul and features some amazing musicians: Will Kennedy on drums, Bob Shephard on reeds, Satnam Ramgotra on tabla, Niki Haris and the late, great Carl Anderson on vocals—among MANY others. Music is available in CD and digital formats.
Ben Dowling
c/o Visionsound®
13547 Ventura Blvd #110
Sherman Oaks, CA 91423
Tel: (818) 786-4800
My life is dedicated to creating expansion in the arts such that a transformation takes place within the human family - creating peace, understanding, compassion and whole lot of incredible music!


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Are you interested in developing your athlete's core strength and improve their overall athleticism? Look no further. This five-part presentation starts with basic core stabilization exercises that are perfect for general core development. In Part 2, Don Chu presents advanced core stabilization exercises that build off of the basics. Chu moves to standing leg exercises that help athletes develop leg strength with a core connection. His General Fitness segment includes 13 exercises for arm and leg strength development. Chu concludes with med ball throws that train the entire body. This incredible presentation includes training the upper, lower and the rotational core.
34 minutes. 2009.
This item also belongs to the following series!
Copyright 2020 BasketballCoach.com & Championship Productions, Inc.


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|Movie title
|My rating
Kids & Family
|Adults only!
|One for the whole family
|Best enjoyed with pizza
|Best enjoyed with popcorn
|A movie to relax to with wine
|A movie to guzzle a few beers to
|Feet up with a cup of tea movie
|Nope. It's a turkey. Best left alone.


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Empowered Nutrition necesitaba un nuevo diseño de impreso o envases y lanzó un concurso de diseño en 99designs.
Un ganador ha sido elegido entre 6 diseños de 3 diseñadores freelance.
Empowered Nutrition Products Inc. http://www.EmpoweredNutrition.com + energized + transformed + empowered +
Patrick McGuire, President, Empowered Nutrition Products Inc. Providing Personalized Nutrition Programs, Supplements and Marketing Support for Fitness Companies and Corporate Wellness Programs.
Our focus is on the 12 week Ultimate Transformation Challenge for Fitness Companies and Workforce Transformations in Corporate Wellness Programs.
Empowered Nutrition Provides Powerful Proven Results with Personalized Nutrition Programs, Bootcamps, Social Media, Blog, Email Support, Incentives for ALL Participants and Prizes for Winners and Grand Champions including the Empowered Success Coach to keep you focused and motivated when you (clients) need it most.
Both online and offline sales. This contest is for printed support and awareness within a fitness facility or corporate environment.
I have been in the fitness industry for over 18 years. I am a former competitive body builder. I am a nutritionist, researcher and coach with a large online following for my Personalized Nutriton Programs and my "Done-For-You" Fat Loss Meal Plans (http://empowerednutritionmealplans.com) and on my blog and shop http://www.EmpoweredNutrition.com
I will consider more than one winner for future projects. I may purchase additional projects at the close of this contest. I have many more Empowered Nutrition projects for the future.
Compare to the EAS Body for Life, Biggest Loser Transformation Contests
end users, clients and members of fitness clubs/gyms and large corporate organizations, with a goal to attract 30-50 even 100 participants per quarter event.
fitness buffs, enthusiasts, overweight, obese, and skinny individuals with a goal to build muscle, lose fat and experience the Ultimate Transformation in 12 weeks or less.
The same people that would join other Before & After contests such as EAS Body for Life, VPX sports supplements, MuscleTech, and the Biggest Loser Contests.
*** Produce the ULTIMATE TRANSFORMATION CHALLENGE POSTER and POSTCARD
1. POSTER12" x 18" (1 sided full color). Must be entice men and women.
2. POSTCARD 4" x 6" (2 sided full color). Can be nearly identical to Poster
(Both the Poster and Postcard, must look and feel consistent.)
TAGLINES FOR PRINT MATERIALS AND SHIRTS INCLUDE: " energized + transformed + empowered" "Ultimate Transformation" and "Empowered" are keywords... DO NOT use "the Biggest Loser".
PRIMARY COLORS: White, Green and Silver
IMAGES: fit healthy happy people, before and after "fat pants" transformation pictures popularized by media today, foods, fruits, veggies of vibrant colors
BE CREATIVE! Impress me, be original, not some me too campaign and win future projects! The opportunity to do more for Empowered Nutrition is unlimited for great designers. Many other campaigns ready to go.
Contact me and communicate as needed.


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We fell in love with this home on first sight. It was in foreclosure and at a price we could not resist. Our offer was accepted and we closed on May 1st. We got a 15 year mortgage at 4.25% (no points!). We were thrilled and spent our first night in the house in sleeping bags! Moved the bed and essentials the next day! It was closer to my job (15 minutes as opposed to 1hr) so it was perfect. It is in a quiet older neighborhood with lots of trees. Close to a state park and shopping. A three bedroom, 2 bath home. Living/Dining room, den with fireplace, remolded kitchen, laundry room and two (count them) screened porches. A full finished basement so lots of storage.
Here is the house in the spring with dogwood's blooming and lots of grass that needs cutting.
I love this house and I'm so happy to be here. We have many projects yet to be completed but we have had a lot of set backs. We were in the house 3 months when I lost my job. Layoffs....what a stunning blow. We are so lucky that we were able to buy this home at such a good price, I could not afford to rent cheaper then our house payment and our utilities are reasonable. So this is my thrifty find of 2009.
I hope in 2010 to show you more of my home as projects get completed and decorating gets done. The house has beautiful hardwood floors, wonderful 60's tiled bathrooms and so much potential. I haven't owned a home in a long time and this is one I can live in for years and years.
I am so happy to have discovered this blogging community and so many new friends! I love the sharing of thrifty finds, recipes, tablescapping, our ups and downs and so much more. I thank each and every one of you who has visited by blog, left a comment (so much encouragement) and become follwers. I lift my glass to toast all of you.....To Friendship!