text: Human beings are driven by curiosity and a desire to understand our lives and our world more thoroughly. Nicole Garneau, a geneticist at the Denver Museum of Nature and Science, has taken that thirst for knowledge and has made it her life. "Science changes," she believes "because the technologies and the methods we use to study science get better." We caught up with her about her research and work at DMNS and are now even more excited for her talk on April 16th at [email protected] Tell us a little about your background. I grew up in Maine and my first job was on my grandfather's lobster boat. When I was a sophomore in high school, I had a teacher who told me about the human genome project and it blew my mind that we didn't know everything. After that, it was then about how I could make discoveries and I was sold on science. I really wanted to be a geneticist because that's where I knew the discoveries were. That's how I decided on Rutgers because they had a Genetics Major option. My love for it continued to grow and afterwards, I was a little tired. I did other things before I went to grad school including working on my best friend's dry bean farm and a motorcycle shop. These really taught me work ethic and administrative skills. Then I got bored and looked at programs involving genetics and I decided upon CSU. When I graduated, I knew I didn't want to be an academic scientist, and a friend showed me the posting for the position that I am in now. That's quite the story! So then what sparked your interest in taste, food choices, and diet? We decided to study taste so that we could teach people about genetics. Genetics is not tangible, but taste is something you experience every day. Through taste, we can make genetics fun, personable, and accessible to your life. Our educational goal is that you learn about genetics and at first I didn't know anything about taste. Now, I love talking about taste and learning about it. Could you tell me a little more about the Genetics of Taste Lab? It is a community-based lab. The idea is that 364 days a year can see what a lab looks like. The fishbowl setting allows people to see a space they might never have access to and that you can be a part of this research. People can participate and learn a lot about themselves while giving us really good data we can use. Are there other body processes you are interested in besides taste? I've got a seed of an idea percolating about what the human experience looks like in the environment. That could be micro-based or out in nature. I want to make the whole human physiological experience accessible and fun. Nothing should be locked behind any elite doors. How can we make better food choices based on what we find most enjoyable to eat? If we make it personal and we make it fun so that we are inciting your curiosity, you're going to take that knowledge with you. I give you that perspective so that you can use it yourself in whatever way you want. If we can understand the genetics behind how taste works then we can open up an entire field of personalized nutritional choices. Tell us more about Yo Pearl the Science Girl. I realized I wanted to have the voice of someone who was fun in science. It's not about making science cool; it's about cool-ifying science. Science IS cool and now we're just going to show how cool it is. Science is totally fun and there's a scientist in everyone. Making her a woman was a way to inspire more women and girls to pursue STEM. It was all about making a fun, community voice coming from a woman. And what about Skirts in Science? Skirts in Science was myself and at the time the only other female curator here and our conservator Jude Southward. We were at an event that was celebrating women in scientific careers and we wanted to make a community for those women. So, how can we get even more women involved in STEM professions? I do think that the stats show that there needs to be more visibility for women who are already in STEM. A lot of the reason why students pick certain careers is whom they can see as their role models. Million Women Mentors is a new campaign for women where they can pledge to mentor and I've pledged to volunteer and I now teach about 20-30 women and girls a year about science specifically. I started a peer sponsorship group where we meet once a month over dinner to keep each other on track. If you weren't a geneticist, what would you be? I would be doing something where I can camp three months a year, whatever that is. What's something few people know about you? Before I give a talk, I do one of two things. I either listen to a playlist I created called "Nicki Get Psyched Up," or I google "Eddie Izzard Lego."


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Hello friends! I have a short post today, but at the end I need to ask you a favor. So hang with me, ok?
Tomorrow my nephew is leaving to go to Texas with ten other teenagers to help those affecting by the flood. They are driving! For those of you who don't know, we live in Central NY, so it is not just a hop, skip and a jump! But they want to help those in need and were saving on the high cost of airfare. Someone asked him why he was doing this. His answer was simple really, he wanted to help.
I got thinking about all the things the bible says about helping others, and this verse popped up.
"Bear ye one another's burdens, and so fulfill the law of Christ." Galatians 6:2
Whether he realizes it or not, my nephew is bearing another person's burdens and taking them on himself, along with all the other people going. It's not so easy to do, really. We tend to be selfish, and want to know how things will affect us individually before deciding on other factors. But God wants us to sympathize, be there for others, and help out in any way we can. I am so grateful for my nephew and the other's going with him. May we all use that as an example if being Christ-like!
So, that favor I was going to ask you about? Please pray for my nephew and the kids going with them. Pray they get there safe. Pray they make a different in some one's life. I appreciate it!
Now it's your turn friends. What verse is on your heart today? Make sure you visit these other wonderful blogs for some more encouragement!
Trisha @ Joy of Reading
Nicole @ Christian Fiction Girl
Jacquelyn @ A Heavenly Home
Becca @ The Becca Files

subset: commoncrawl


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25 November 2019 (by s.rogers)
The PTA Chairman's report was presented at the AGM on the 19th November.
I am sure that you will agree with me that the PTA should be commended for the work they do to provided the 'little extras' for the children of the school.
The New Forest School PTA AGM 2018/19
Chairperson Report
The PTA is a group of volunteers who go the extra mile organising events to raise additional funds, that the school can use to enhance both the children's environment and learning whilst at school. Over the years the PTA have funded the purchase of a minibus, 5 whiteboards, outdoor play equipment, a new library for both KS1 and KS2, music and PE equipment, laptops, learnpads and digital cameras, nurture room, sound and lighting equipment and last year the interior of the new building at KS1. The PTA's hard work and dedication has raised over £100,000 in the last 6 years!
This has been a difficult year for the PTA with added pressure to help raise funds for the completion of the new building at KS1 site, as well as continuing to support smaller purchases key to the children's learning. A list of the purchases made this year can be found in the Treasurer's report with a total spend of £15,793.28.
Key Events held were the Fireworks, Christmas Fair, Easter Egg Hunt, Run for Funds, HogFest and the 3 school discos.
With the introduction of a professional firework display company, this event was a huge success and one that was enjoyed not just by families of the school, but by the local community and beyond. It has become a firm favourite of the PTA as well as raising substantial funds. This event is organised in conjunction with Nomansland Community Events who manage the Nomansland recreation ground.
A decision was made to move the annual Christmas Fair to the KS2 site to help promote the school as well as providing a more welcoming atmosphere which is hard to recreate in a village hall. The fair included a range of outside local stallholders, the PTA stalls, kids' games, santa's grotto and the Nomansland Pre-School craft area. It was well attended despite the poor weather and raised nearly £2,000.
This is the 3rd year that Run for Funds has been held. It is a terrific way of raising money as well as adding another sporting fixture to the school calendar. It is held in conjunction with the teachers with the aim to encourage all children to run an age-related distance. The emphasis of the event is for every child to take part in a sporting activity and give parents the opportunity to watch their children perform.
In the absence of a Summer Fair this year due to lack of available volunteers the decision was made by the PTA to make the traditional Hog Roast into a HogFest; adding games for both young and old, bouncy castles and invited outside stallholders to join in the end of year celebrations. The event was well attended and the weather was favourable which helps. Special thanks to Jonathan Hilton-King (drum teacher) and his band who played all night and kept the party atmosphere going.
A number of smaller events were organised by individual PTA members such as Pantomime tickets, Quiz night at The Lamb and Halloween Party providing fantastic entertainment for young and old raising an additional £366.
As well as holding events the PTA raise money through alternative streams. These include Easyfunding/Giveasyoulive, second-hand uniform sale and teas/coffees, raising a staggering £917.05. It shows how much can be raised by doing something simple.
Finally, this was the last year we were lucky enough to have Company Match Funding from BAT adding £2,000 to the PTA funds. This will be sorely missed in future years and the hunt is on for another company who would be able to offer this type of funding. Special thanks to Amy Patience who arranged this funding for the PTA.
On a personal note, despite the team being smaller this year, they have shown huge commitment and commandry, working tirelessly to provide entertainment for not just the school, but the wider community. It humbles me to see how much money a PTA, along with the teachers, parents and community of a small school can do when people pull together.
It is with a sorry heart that we have had to say goodbye to so many parents this year who throughout the years have rolled up their sleeves and baked cakes, served tea, manned bouncy castles, built games, served burgers and beer as well as the laborious job of clearing up at so many events.
However, this gives an opportunity for new parents and guardians to bring new ideas and energy into the PTA and continue raising vital funds for our school. Given the economic climate today this is needed more and more in order that our children can continue to benefit from the extra touches the PTA provide.


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John Picard to Speak About The Ray at Sustainatopia
May 9, 2017 /3BL Media/ - John Picard, Advisory Board Member for the Ray C. Anderson Foundation and Founding Board Member for The Ray will be speaking today and tomorrow in two panel discussions at Sustainatopia in San Francisco.
Today, Picard will be part of a breakout session at 11:45 a.m. Pacific Time entitled "Designing & Catalyzing Public-Private Impact Partnerships." He will be able to shed light on a new kind of partnership that has emerged with The Ray; The Public-Private-Philanthropic Partnership (P4).
Tomorrow, Picard will be part of another breakout session entitled "Clean Energy Future Under a Trump Presidency." He will highlight the various renewable energy projects that The Ray is engaged in from right-of-way solar on a Georgia highway, to solar road (Wattway) test installations to solar powered electric vehicle charging stations.
If you are at Sustainatopia, be sure to attend these two sessions.
Sustainatopia: http://www.sustainatopia.com


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My friend Andrea has a blog that she uses to write just about everyday observations and rants. On one of her last entries she mentioned a creative writing page that offered creative writing prompts to help get your juices flowing. #135 was to create a list of 50 things you will never do. I thought this one was kind of funny so I decided to give it a try. I had a lot of fun thinking them up. I will admit that you can probably argue that some of them could happen. But I found that if allowed for too many "what if" scenarios I would never finish it. So any way, hope you enjoy!
I will never again play Kickball.
I will never go pro at softball
I will never make it on Broadway
I will never be a rock star
I will never win an Oscar
I will never take ecstasy
I will never find the movie My Best Friends Girl funny
I will never like the movie the Matrix
I will never make it to the Olympics based on my own athleticism
I will never reach 5'3 without being genetically altered
I will never completely trust Tom Cruise
I will never get over my love for Italian Food (or Italians)
I will never be a fan of white chocolate
I will never eat wasabi
I will never pierce my nipples
I will never give up trying to be an author
I will never be a fan of techno music
I will never quit loving U2
I will never be able to speak convincingly in a different accent
I will never be immortal
I will never finish reading all of the books already in my apartment
I will never be a skateboarder
I will never be a maggot farmer
I will never understand everything about computers
I will never willingly live in Japan, or China, or Egypt, or India…
I will never willingly wear high heels
I will never tattoo my face
I will never go on a roller coaster
I will never go bungee jumping
I will never fly a plane
I will never be in the military (not that they would take me)
I will never be a gardener
I will never have a pet spider
I will never get another perm
I will never learn to speak Japanese
I will never like it when people talk baby talk
I will never be good at debate
I will never spend more than $100 on shoes
I will never own an Eight Track
I will never again get to play the game Snake on my cell phone
I will never go swimming with sharks
I will never understand Yankee fans
I will never be a chess player
I will never look good in yellow
I will never have a convincing tan
I will never go over to the dark side!
I will never call my friend Kate by the nickname Kathy. Katie is okay, Kit Kat is fine, but Kathy would be an insult and knowing her it would be the last thing I ever said.
I will never allow people to call me "CB" although I will continue to go back and forth on my accepting of "Court"
I will never live to the age 150, if I even make it to 125 I'll be like "come on people pull the plug already!"
I will never admit that a relationship between myself and Elijah Wood is absolutely 100% out of the question!
*when I copy and pasted this, it didn't transfer the numbers but trust me there is 50!
Sunday, September 19, 2010
Abducted by the Nevers...
Posted by Bittner at 10:13 PM
2 comments:
- Kate @Midnight Book Girl said...
Simply fantastic. However, I have a medieval stretching machine awaiting you to disprove that you can't be over 5'3".
- September 19, 2010 at 10:32 PM
- Andrea @ The Overstuffed Bookcase said...
Courtney, I thought your life's ambition was to become a maggot farmer! It's certainly mine. When did you change your mind? ;)
- September 21, 2010 at 1:34 PM
Subscribe to: Post Comments (Atom)


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Germany's Schwarz Gruppe, the owner of discount retailers Lidl and Kaufland, is aiming to reach over 100 billion euros ($119.6 billion) in sales this year and plans to keep on investing, according to Reuters.
Lidl and rival discount supermarket chain Aldi have been ploughing ahead with investment in other countries, especially in Britain, where they have been taking market share from the traditional players there.
Schwarz Gruppe said in a brief statement on Thursday that last year sales rose 7.4 percent to 96.9 billion euros, of which 74.6 billion came from Lidl, which has 10,460 stores in Europe and the United States.
The group invested 7 billion euros last year and said it was aiming for a similar amount this year.
Lidl plans to add about 300 or 350 new stores this year and increase its product range to 2,500 products from 1,800 currently, Schwarz Gruppe CEO Klaus Gehrig told German Frankfurter Allgemeine Zeitung.
"The pressure to change is greater than ever," he was quoted as saying, adding that Aldi had shown the way when it came to increasing the product range.


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Tints Of Nature 5D Light Golden Brown (130ml)
In Stock
Delivery available from free for orders over £50
Pick Your Day (afternoon and evening slots) and Next Day delivery also available
Pick Your Day (afternoon and evening slots) and Next Day delivery also available
Product description
Tints of Nature is the first range of long lasting, permanent hair colours containing certified organic ingredients used in an advanced formula to cover grey hair. The unique blend of natural and organic ingredients, combined with plant-derived extracts and vitamins C and E, will enhance, protect and moisturise as you colour your hair.
Product info
Please note that although we endeavour to ensure that the product information displayed on our website is accurate and up to date, Products and their ingredients are liable to change.
Due to this, You should always read the label before consuming or using the product and never rely solely on the information presented here. If You require information or have any queries regarding a Planet Organic Own Label product, please contact our Customer Care team.
This information is supplied for personal use only and may not be reproduced in any way without the prior consent of Planet Organic and ackowledgement.


text:
Repairs automobiles, trucks, buses, and other vehicles. Master mechanics repair virtually any part on the vehicle or specialize in the transmission system.
This career is part of the Transportation, Distribution and Logistics cluster Facility and Mobile Equipment Maintenance pathway.
People who do this job report that:
Working in this career involves (physical activities):
Careers that are more detailed or close to this career:


text:
1:56pm PT by Lesley Goldberg
'Castle': TNT Acquires Off-Network Cable Rights to Nathan Fillion Dramedy
TNT has picked up off-network cable rights to ABC dramedy Castle, from Disney/ABC Domestic Television.
The cabler said Tuesday that Seasons 1 and 2 of the series starring Nathan Fillion (Firefly, Dr. Horrible's Sing-Along Blog) and Stana Katic (The Librarian: Curse of the Judas Chalice) will begin airing on TNT in summer 2012 as well as be available for online streaming as well as mobile and tablet viewing.
Sources confirmed to The Hollywood Reporter that the network paid $1.5 million an episode
"With the addition of Castle, TNT continues to build a collection of hit shows that will perfectly complement our high-profile original series," said Michael Wright, executive vp and head of programming for TNT, TBS and Turner Classic Movies.
Castle joins TNT's recent acquisitions of The Mentalist and Hawaii Five-0, which will begin airing on the cable network in 2014. Both dramas sold for the low-to-mid-$2 million range.
From creator Andrew Marlowe, Castle stars Fillion as a mystery novelist who teams with a NYPD detective to solve cases. The series, which recently wrapped its third season, was renewed in January for a fourth and anchors ABC's Monday lineup.
Lesley email@example.com Snoodit


text:
Free Moving Images of ViolettaArgentina television series for young audiences. Musical TV series for Disney Channel. The protagonist was Martina Stoessel.
Gifs in a PackGet all the gifs of Violetta
Get in your computer the free gallery of Violetta in Disney TV Series right now.
Do you like this image of Violetta?Violetta
- Download 204
- Send it as a Postcard


text:
Miss Tourism Contestants Get Victoria University Scholarships
Ten out of the 24 contestants at the recently concluded Miss Tourism Uganda won themselves scholarships at Victoria University.
The university vice-chancellor Assoc. Prof. Krishna N. Sharma made the announcing at Kampala Serena Hotel during the pageant crowning.
"At Victoria University, we support beauty with brains. Such pageants help people gain confidence. And as partners of Miss Tourism Uganda, we would like to announce special scholarships for the top ten contestants," Dr. Sharma said.
The girls will study any of the courses taught at the university.
The University has four faculties – faculty of business and management, faculty of health sciences, faculty of science and technology and faculty of social sciences.
The university also has a department of petroleum studies where it offers degrees, diplomas and short courses teaching matters of oil and gas.
Miss Tourism Uganda 2019 was won by Phionah Kyeru from Busoga sub-region. She was followed by Prossy Agwang and Jane Akullo in first and second runner up positions.
- 0
- Published in Entertainment
- Written by Kenj Nabirye


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I have a bunch of objects with level, weight and 0 or more connections to objects of the next levels. I want to know how do I get the "heaviest" path (with the biggest sum of weights).
I'd also love to know of course, what books teach me how to deal with graphs in a practical way.


text:
(This is a free version of one of the ten stories in GOLD, COMMON SENSE AND MYRRH: A CHRISTMAS COLLECTION). For information on how you can get a copy, see www.dwaynebuhler.com.
The frying pan spat microscopic bombs of olive oil as the smell of garlic and onions filled the air. Ana Paula added a cup of uncooked rice and stirred the contents, browning the grains before she would add water. Black beans simmered on the other burner of her simple gas stove. Each and every day she made arroz e feijão - beans and rice - for her family, but today would be different. She wanted the Christmas celebration to be perfect.
Ana Paula opened the single cloth drape to her kitchen window, looking over Santa Teresinha, one of Rio de Janeiro's mountainside favelas. The slum was in the shadow of Cristo Redentor, the iconic statue of Jesus with arms open for a welcoming embrace. She closed her eyes and for an instant remembered a Christmas Eve from her past. She looked up towards the sky and said a prayer for a miracle from God.
It's been fifteen years, she thought. She wondered if she would ever be able to forget, or to forgive herself. Fifteen years of trying to envision where he was, who he was with, and how he was doing. Just once she would like to be able to give him a Christmas gift or send a card.
But there were too many things to get done before everyone would arrive. She needed to collect the clothes hanging on the roof, do one last sweep of her home, and go to the paderia. The tiny bread store would be closed on Christmas day and she needed to get pãozinhos, little French rolls baked fresh every day, for the morning's breakfast.
In a matter of hours the small three-room house would be transformed and filled with joy. Daniela and João, Ana Paula's 11-year-old twins, were at the neighborhood Assemblies of God Church, putting the final preparations together for the evening's Sunday school presentation. Daniela was Mary. João was a shepherd. They looked forward to singing, reading the Bible and telling the Christmas story for their family and friends.
Ana Paula's husband Roberto was at work. He'd be home later in the evening to drop off a package and meet them at the church. He worked at a hotel on Ipanema Beach serving rich tourists. Each year employees were given a special Christmas hamper complete with a small turkey, a pineapple, some mangos, and panetonne, the delicious fruit-speckled Italian Christmas bread. Ana Paula prepared beans, rice and farofa -a dish made of golden, gritty yucca flour, raisins, and pieces of bacon. It was a feast to be shared with family and friends.
Gratitude flooded the house, and a sense that this Christmas celebration would be memorable came over Ana Paula.
A song began to flutter like a butterfly, coming from somewhere deep in her soul. She remembered hearing the words of Handel's Messiah at a missionary's home: For Unto us a Son is Given played in English on an old cassette player.
Pastor Jaime, a tall African-American, came to Rio de Janeiro to work with the street children of Brazil. He'd tried to teach her all the words, but all she remembered was the one line in English. She wanted to learn English and, perhaps, one day visit America. But the reality was that most people born in the favela lived their entire life in the concrete block houses that rose up along the mountain.
Ana Paula let her mind wander, going back to her childhood. Life in Santa Teresinha was difficult, and most young girls didn't go to school beyond the fourth or fifth grade. Her mother made her go to work in a restaurant in the business district, cleaning dishes in the kitchen. She worked hard and was forced to turn her money over to her father, who drank more than he worked.
At fourteen she ran away from home and lived on the street.
Ana Paula joined a gang of a dozen kids who taught her about the dark side of life. They claimed a corner of an abandoned factory building as their own. Cardboard was collected and piled to make a mattress. Food came from scraps and garbage bins. The boys in the gang learned to pick-pocket unsuspecting tourists, gathered at the beaches or at the Cristo Redentor train station. The girls washed car windows on street corners, begging for a few coins for their service. Some of the group sniffed glue, while others scraped together enough money to buy drugs from older street kids. Ana Paula had to hide some coins to buy food for her and her closest friends.
After less than a year on the street, Ana Paula was pregnant, expecting a child with one of the leaders of the gang. She was told to either get an abortion, or leave. She argued and fought with her boyfriend and was ready to abandon the gang when one of the boys told them about a man who offered to pay five hundred dollars for newborn babies. They would be adopted by wealthy foreigners and live a life of luxury. None of the gang members had ever seen that amount of cash, and so it was decided that Ana Paula did not have to leave.
Only once did Ana Paula meet the man who took her baby. He met with her two weeks before the baby was born, asking her to sign documents. When the time came, the man sent a taxi and she went to a small clinic on the outskirts of the city. The nurses were mean and upset with her, as it looked like they would miss their family Christmas celebrations.
A baby boy was born on the afternoon of the 24th of December. She never got to hold the baby and left the clinic with the same taxi driver. She never saw a penny of the money paid for her child.
Upset with her boyfriend, Ana Paula left the gang and began to look for a place to stay. She heard about a youth center where street kids could spend the afternoon and sleep if they had no other place to go. The Lar Esperança - Home of Hope - became her safe haven from the cold reality of living on the street. Pastor Jaime was the first person she met when she walked through the doors. Her life began to change.
People said that Pastor Jaime once played professional baseball in the United States. His career ended when he was nearly killed in a car crash. That is when he turned his life over to God. He came from a Christian home but wandered far away from the ways of his family during his years of playing baseball. He promised God that he would live the rest of his life helping street kids if his life was spared. Then he met his wife, a Brazilian girl who worked in the hospital, and they came to Rio de Janeiro.
Two years after Ana Paula entered the home for street kids, she met Roberto, another resident of the home. They both accepted Jesus and were part of the church youth group. Roberto loved to watch American movies and learned enough English to get a job working as a bellboy at a hotel. They were off drugs, leading Bible studies for groups of kids who came from the street, and living a life with purpose and direction. They were married on New Year's Eve and moved into a small rented house in Santa Teresinha.
"Mãe, Mãe, Mãe!" João sprinted through the metal door into the tiny courtyard. Daniela was close behind, frustrated at losing the race to her brother. "The lady missionary from the Central Church came looking for you! She says you must come to meet someone."
Daniela appeared at the door, catching her breath before she added, "It's very urgent, she says. There is a person who wants to meet you."
Ana Paula tried to settle her children. "Wait, wait. Who wants to meet me?"
Both children began to speak at once, but Daniela insisted on talking first. "Pastor Jaime brought the lady missionary to the church. She met an Americano who found your name on a piece of paper. She says she has to talk to you!"
Ana Paula turned the stove off. The rice could simmer and she would prepare the farofa when she got back. "You kids need to stay here. I will come back as soon as I can."
Pastor Jaime sat on a wooden bench, talking to his missionary colleague. He held a folder in his hand. They both looked up as Ana Paula entered the sanctuary.
"Sister, how good of you to come! Do you know Carolina? She is a pastor at Central Church."
The women greeted each other, offering two quick kisses on each cheek.
The tall American woman was in her fifties. She was called Sister Carolina by all of the pastors of the city. Her reputation as an evangelist and church planter was celebrated, as she came to Rio de Janeiro before it was popular to be a believer in Jesus. Stories were told of her standing up to drug gangs. Many people came to her for help with their addictions and were delivered from evil curses and spiritual bondage. She lived in the trenches of the poorest sections of the city and was respected by Christians and non-believers alike. She was gracious and caring, but the many struggles and disappointments of working with broken people were etched on her face. Yet her smile reflected something of heaven.
"My sister," Carolina began in Portuguese. "It is a joy to meet you. Pastor Jaime told me something of your story, and your children were a delight to meet."
Ana Paula nodded her head. "Yes, thank you."
Jaime took a document from the file folder and handed it to Ana Paula. She froze when she saw the title, then her teenage signature at the bottom of the page. She began to sob and both missionaries held her in a warm embrace.
"Where did you get this? I don't understand."
Ana Paula wiped tears from her eyes.
Pastor Jaime was the first to speak. "A lawyer from the United States contacted Sister Carolina and asked her if she knew anyone who lived in Rio de Janeiro that worked with street kids 15 years ago. The lawyer represents a family that wants to find a young girl - someone who gave up a baby for adoption. Sister Carolina told him about our work and our church but didn't make any promises. The chances would be far too small to actually find this person. It would be a miracle to find her in a city as large as Rio."
"The lawyer sent me this copy of the birth certificate and I talked to Pastor Jaime this morning. We both couldn't believe it when Pastor Jaime read your name." Carolina smiled from ear to ear.
"Where is he? Where is this family?" Ana Paula still could not believe what she was hearing. "Do they know about me?"
"The family lives in Ohio, in the United States. They do not know about you. Not yet. We wanted to talk to you first." Pastor Jaime took out another piece of paper from the file, with a picture of a beautiful family. A tall young boy stood in the middle. He was darker than the others, with tight curly hair.
"Is that him? What's his name?"
"His adopted parents called him Daniel - a name that is the same in English or Portuguese." Carolina showed her another document in English.
Ana Paula paused, collected her thoughts, and chewed her lower lip. "Can he ever forgive me for what I did? I was - I am - that boy's mother. How can he ever forgive me?"
"There is only one way to find out," said Pastor Jaime. "Would you like me to phone the lawyer in the United States?"
Ana Paula nodded her head. "Yes. Please tell them that you have found the mother of their son Daniel."
The evening service went late into the night. The Sunday School presentation was
flawless, with each child remembering their lines and each song blasted at the top of the choir's collective lungs. Daniela beamed in her role as Mary. João bolted out his line, "Let's go see this thing that the angel has told us about!"
The church was filled with visitors and families from the neighborhood, excited to celebrate together.
Pastor Jaime spoke about the miracle of Christmas: that a child was given to be the savior of the world. The birth of a little child born in Bethlehem was the hope of all those who would call on his name and look to him for salvation. "Jesus is still doing miracles today" was the one line that Ana Paula cherished the most.
Roberto and Ana Paula sat in the front row, waiting to be called forward at the end of the service to give a special testimony.
"Brothers and sisters," started Roberto. "Many of you know our story. You know that we lived on the street. We were much like many of the children that still roam our city, abandoned and hopeless. We lived a life without Jesus and did things that displeased God, our Father. But we found Jesus."
Ana Paula corrected her husband. "No, when he found us." She came over to the microphone and began:
"We were like the child born in a stable, with no place to call home. As street kids we saw things that no child should ever see and did things that today we are not proud of. Some people here know my story, so I won't tell you everything, except that one Christmas, fifteen years ago, I ... I was all alone. I gave birth to a baby boy that was sold to a man who took the child to a family in the United States for adoption. I had no idea what became of that child but - by a miracle from God - we spoke to him this afternoon."
People in the congregation were visibly moved, tears coming to the eyes of many.
"All these years I've prayed for him, hoping to one day find out what happened to him. Was he well? Did he go to a good family? I prayed that one day he would find Jesus. I thought that if we couldn't be together on this earth, we could be together in heaven."
Now Ana Paula was crying.
Roberto stepped up to the microphone. "His name is Daniel. We spoke to his adopted parents this afternoon. I was able to translate for my wife. He is a teenager, and he and his family are Christians. They want to come and visit us as soon as possible. God willing, in the New Year they will be here with us and stand before you to testify to the goodness of God."
"This is the second greatest gift that I could ever receive," added Ana Paula. "The first greatest gift was to know Jesus and receive the gift of his forgiveness. The second greatest gift is for all my family - even a lost son - to know Jesus, too!"
Pastor Jaime invited people to come to the front of the church to offer their lives as a gift to God. "At Christmas we often talk about the gift of Jesus, that God sent his son into the world. But, this Christmas, we can give our lives to him as the only gift that really matters; we can give him our hearts."
Ana Paula, Roberto and their children walked back to their home, exhausted and exhilarated at the same time. They would gather around their simple kitchen table and eat a midnight supper that could only be described as luxurious. The small turkey was decorated with mango and orange slices, smothered in a rich fruity sauce. One of Roberto's aunts left earlier in the evening to have everything ready for the family when they came home from church.
Music and firecrackers battled for the family's attention as they turned a corner and started up a steep set of stairs leading to their house. In the distance they could see the statue of Cristo Redentor lit brightly against the black tropical sky. There were no words for the gratitude that Ana Paula felt in her heart, only a song that sprang up from within: For unto us a child is born, unto us a child is given.
Monday, November 12, 2012
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Numismatic News has always brought its readers stories of great coin finds. This selection tells the story of a great find by three young boys in Ohio.
Caches Found
Three young boys of Ashland, Ohio recently found a cache of $7,000 in an abandoned house. It netted $1200 in gold coins, $3600 old style bills, $600 bank deposit certificates and shares worth $600.
At Cincinnati, Ohio three youngsters came across $1200 in gold coins and $3600 in old style large paper bills in an abandoned house. Police learned of the find through a coin dealer, who reported the youngsters selling gold coins for 25c each.
Electricians rewiring an old farm house at Dassel, Minn. Uncovered about $30,000 in cash. They were Elmer Berg and Lawrence Freemen. Two bachelor brothers had last occupied the house. A neighboring farmer, Oscar Olson had recently purchased the house.


text: Rain didn't put too much of a damper on weekend fun in the Hamptons: Just look at all the enjoyment that was had on Instagram. Remember to use the hashtag #danspapers when you are sharing your East End photos so they can be included in future roundups. And follow @danspapers on Instagram.


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MGA Entertainment, Inc., et al v. Mattel, Inc., et al, No. 09-55673 (9th Cir. 2010)Annotate this Case
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FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT MATTEL, INC., a Delaware corporation, Defendant-counter-claimantAppellee, v. MGA ENTERTAINMENT, INC.; MGA ENTERTAINMENT (HK) LIMITED, a Hong Kong Special Administrative Region business entity; ISAAC LARIAN, an individual, Counter-defendants-Appellants, CARTER BRYANT, an individual, Plaintiff-counter-defendant, CARLOS GUSTAVO MACHADO GOMEZ, an individual; MGAE DE MEXICO, S.R.L. DE C.V., a Mexico business entity, Counter-defendants, ANNE WANG, Third-party-defendant, OMNI 808 INVESTORS LLC, Movant. 10523    No. 09-55673 D.C. No. 2:04-cv-09049SGL-RNB 10524 MATTEL v. MGA ENTERTAINMENT CARTER BRYANT, an individual, Plaintiff-counter-defendantAppellee, MGA ENTERTAINMENT, INC.; MGA ENTERTAINMENT (HK) LIMITED, a Hong Kong Special Administrative Region business entity; ISAAC LARIAN, an individual, Counter-defendants-Appellees, v. MATTEL, INC., a Delaware corporation, Defendant-counter-claimantAppellant, CARLOS GUSTAVO MACHADO GOMEZ, an individual; MGAE DE MEXICO, S.R.L. DE C.V., a Mexico business entity, Counter-defendants.   No. 09-55812 D.C. No. 2:04-cv-09049-SGLRNB OPINION  Appeal from the United States District Court for the Central District of California Stephen G. Larson, District Judge, Presiding Argued and Submitted December 9, 2009 Pasadena, California Filed July 22, 2010 Before: Alex Kozinski, Chief Judge, Stephen S. Trott and Kim McLane Wardlaw, Circuit Judges. Opinion by Chief Judge Kozinski 10528 MATTEL v. MGA ENTERTAINMENT COUNSEL E. Joshua Rosenkranz (argued) and Lisa T. Simpson, Orrick, Herrington & Sutcliffe LLP, New York, New York; Annette L. Hurst and Warrington S. Parker III, Orrick, Herrington & Sutcliffe LLP, San Francisco, California; and Thomas J. Nolan and Jason D. Russell, Skadden, Arps, Slate, Meagher & Flom LLP, Los Angeles, California, for the appellants. MATTEL v. MGA ENTERTAINMENT 10529 Daniel P. Collins (argued), Kelly M. Klaus, Aimee Feinberg and Mark Yohalem, Munger, Tolles & Olson LLP, Los Angeles, California; and John B. Quinn, Susan R. Estrich, Michael T. Zeller and B. Dylan Proctor, Quinn Emanuel Urquhart Oliver & Hedges, LLP, Los Angeles, California, for the appellee. Simon J. Frankel, Margaret D. Wilkinson and Steven D. Sassaman, Covington & Burling LLP, San Francisco, California; Steven M. Freeman and Steven C. Sheinberg, AntiDefamation League, New York, New York; and Michelle N. Deutchman, Anti-Defamation League, Los Angeles, California, for amici Anti-Defamation League et al. OPINION KOZINSKI, Chief Judge: Who owns Bratz? I Barbie was the unrivaled queen of the fashion-doll market throughout the latter half of the 20th Century. But 2001 saw the introduction of Bratz, The Girls With a Passion for Fashion! Unlike the relatively demure Barbie, the urban, multiethnic and trendy Bratz dolls have attitude. This spunk struck a chord, and Bratz became an overnight success. Mattel, which produces Barbie, didn t relish the competition. And it was particularly unhappy when it learned that the man behind Bratz was its own former employee, Carter Bryant. Bryant worked in the Barbie Collectibles department, where he designed fashion and hair styles for high-end Barbie dolls intended more for accumulation than for play. In August 2000, while he was still employed by Mattel, Bryant pitched his idea for the Bratz line of dolls to two employees of MGA 10530 MATTEL v. MGA ENTERTAINMENT Entertainment, one of Mattel s competitors. Bryant was soon called back to see Isaac Larian, the CEO of MGA. Bryant brought some preliminary sketches, as well as a crude dummy constructed out of a doll head from a Mattel bin, a Barbie body and Ken (Barbie s ex) boots. The Zoe, Lupe, Hallidae and Jade dolls in Bryant s drawings eventually made it to market as Cloe, Yasmin, Sasha and Jade, the first generation of Bratz dolls. Bryant signed a consulting agreement with MGA on October 4, 2000, though it was dated September 18. Bryant gave Mattel two weeks notice on October 4 and continued working there until October 19. During this period, Bryant was also working with MGA to develop Bratz, even creating a preliminary Bratz sculpt.1 A sculpt is a mannequin-like plastic doll body without skin coloring, face paint, hair or clothing. MGA kept Bryant s involvement with the Bratz project secret, but Mattel eventually found out. This led to a flurry of lawsuits, which were consolidated in federal district court. Proceedings below were divided into two phases. Phase 1 dealt with claims relating to the ownership of Bratz; Phase 2 is pending and will deal with the remaining claims. This is an interlocutory appeal from the equitable orders entered at the conclusion of Phase 1. During Phase 1, Mattel argued that Bryant violated his employment agreement by going to MGA with his Bratz idea instead of disclosing and assigning it to Mattel. Mattel claimed it was the rightful owner of Bryant s preliminary sketches and sculpt, which it argued MGA s subsequent Bratz dolls infringed. And it asserted that MGA wrongfully acquired the ideas for the names Bratz and Jade, so the Bratz trademarks should be transferred from MGA to Mattel. 1 The sculpt was actually crafted by a freelance sculptor with input from Bryant. The parties disputed below whether Bryant created it, and the jury found that Bryant did. This finding is not challenged on appeal. MATTEL v. MGA ENTERTAINMENT 10531 Mattel won virtually every point below. The jury found that Bryant thought of the Bratz and Jade names, and created the preliminary sketches and sculpt, while he was employed by Mattel. It found that MGA committed three state-law violations relating to Bryant s involvement with Bratz. And it issued a general verdict finding MGA liable for infringing Mattel s copyrights in Bryant s preliminary Bratz works. Mattel sought more than $1 billion in copyright damages but the jury awarded Mattel only $10 million, or about 1% of that amount, perhaps because it found only a small portion of the Bratz dolls infringing. See p.10537 infra. The district court entered equitable relief based on the jury s findings. As to the state-law violations, the district court imposed a constructive trust over all trademarks including the terms Bratz and Jade, essentially transferring the Bratz trademark portfolio to Mattel.2 The transfer prohibited MGA from marketing any Bratz-branded product, such as Bratz dolls (Bratz, Bratz Boyz, Lil Bratz, Bratz Lil Angelz, Bratz Petz, Bratz Babyz, Itsy Bitsy Bratz, etc.), doll accessories (Bratz World House, Bratz Cowgirlz Stable, Bratz Spring Break Pool, Bratz Babyz Ponyz Buggy Blitz, etc.), video games ( Bratz: Girlz Really Rock, Bratz: Forever Diamondz, Bratz: Rock Angelz, etc.) and Bratz the movie. As to the copyright claim, the district court issued an injunction prohibiting MGA from producing or marketing virtually every Bratz female fashion doll, as well as any future dolls substantially similar to Mattel s copyrighted Bratz works. The injunction covered not just the original four dolls, but also subsequent generations (e.g., Bratz Slumber Party Sasha and Bratz Girlfriendz Nite Out Cloe ) and other doll 2 Based on the finding that MGA wrongfully acquired the ideas for the names Bratz and Jade, the district court also entered a UCL injunction and a declaratory judgment concerning MGA s right to the Bratz trademarks. For simplicity, we will refer only to the constructive trust to describe all equitable relief. 10532 MATTEL v. MGA ENTERTAINMENT characters (e.g., Bratz Play Sportz Lilee and Bratz Twins Phoebe and Roxxi ). In effect, Barbie captured the Bratz. The Bratz appeal. II [1] A constructive trust is an equitable remedy that compels the transfer of wrongfully held property to its rightful owner. Communist Party of U.S. v. 522 Valencia, Inc., 41 Cal. Rptr. 2d 618, 623 (Cal. Ct. App. 1995); see also Cal. Civ. Code § 2223 ( One who wrongfully detains a thing is an involuntary trustee thereof, for the benefit of the owner. ). A plaintiff seeking imposition of a constructive trust must show: (1) the existence of a res (property or some interest in property); (2) the right to that res; and (3) the wrongful acquisition or detention of the res by another party who is not entitled to it. Communist Party, 41 Cal. Rptr. 2d at 623-24. Prior to trial, the district court held that Bryant s employment agreement assigned his ideas to Mattel, and so instructed the jury. What was left for the jury to decide was which ideas Bryant came up with during his time with Mattel. It found that Bryant thought of the names Bratz and Jade while he was employed by Mattel, and that MGA committed several statelaw violations by interfering with Bryant s agreement as well as aiding and abetting its breach. After trial, the district court imposed a constructive trust over all Bratz-related trademarks. We review that decision for abuse of discretion. See GHK Assocs. v. Mayer Group, Inc., 274 Cal. Rptr. 168, 182 (Cal. Ct. App. 1990). A. [2] A constructive trust would be appropriate only if Bryant assigned his ideas for Bratz and Jade to Mattel in the first place. Whether he did turns on the interpretation of Bryant s 1999 employment agreement, which provides: I agree MATTEL v. MGA ENTERTAINMENT 10533 to communicate to the Company as promptly and fully as practicable all inventions (as defined below) conceived or reduced to practice by me (alone or jointly by others) at any time during my employment by the Company. I hereby assign to the Company . . . all my right, title and interest in such inventions, and all my right, title and interest in any patents, copyrights, patent applications or copyright applications based thereon. (Emphasis added.) The contract specifies that the term inventions includes, but is not limited to, all discoveries, improvements, processes, developments, designs, know-how, data computer programs and formulae, whether patentable or unpatentable. The district court held that the agreement assigned Bryant s ideas to Mattel, even though ideas weren t included on that list or mentioned anywhere else in the contract.3 We review the district court s construction of the agreement de novo. See L.K. Comstock & Co. v. United Eng rs & Constructors Inc., 880 F.2d 219, 221 (9th Cir. 1989). Mattel points out that the list of examples of what constitutes an invention is illustrative rather than exclusive. Ideas, however, are markedly different from most of the listed examples. Cf. People ex rel. Lungren v. Superior Ct., 926 P.2d 1042, 1057 (Cal. 1996) (courts avoid constructions that would make a particular item in a series . . . markedly dissimilar to other items on the same list ). Designs, processes, computer programs and formulae are concrete, unlike ideas, which are ephemeral and often reflect bursts of inspiration that exist only in the mind. On the other hand, the agreement also lists less tangible inventions such as know-how and discoveries. And Bryant may have conveyed rights in innovations that were not embodied in a tangible form by assigning inventions he conceived as well as those he reduced to practice. 3 Contrary to Mattel s argument, MGA adequately preserved its objections to this ruling. 10534 MATTEL v. MGA ENTERTAINMENT [3] We conclude that the agreement could be interpreted to cover ideas, but the text doesn t compel that reading. The district court thus erred in holding that the agreement, by its terms, clearly covered ideas. Had the district court recognized the ambiguity, it might have evaluated whether it could be resolved by extrinsic evidence. See Wolf v. Superior Court, 8 Cal. Rptr. 3d 649, 655-56 (Cal. Ct. App. 2004). At various stages of litigation, the parties introduced such evidence supporting their respective interpretations of inventions. Contracts Mattel drafted for other employees, for example, expressly assigned their ideas as well as their inventions. This tends to show that the term inventions alone doesn t include ideas. On the other hand, a Mattel executive claimed during her deposition that it was common knowledge in the design industry that terms like invention and design did include employee ideas. Because the district court concluded that the language of the contract was clear, it didn t consider the extrinsic evidence the parties presented. Even if it had, it may not have been able to resolve the meaning of inventions. If the meaning turns in part on the credibility of conflicting extrinsic evidence, a properly instructed jury should have decided the issue. See Morey v. Vannucci, 75 Cal. Rptr. 2d 573, 579 (Cal. Ct. App. 1998). Because we must vacate the constructive trust in any event, for reasons explained below, this is a matter the district court can take up on remand. B. The very broad constructive trust the district court imposed must be vacated regardless of whether Bryant s employment agreement assigned his ideas to Mattel. Even assuming that it did, and that MGA therefore misappropriated the names Bratz and Jade, the value of the trademarks the company eventually acquired for the entire Bratz line was significantly greater because of MGA s own development efforts, marketing and investment. The district court nonetheless transferred MGA s entire Bratz trademark portfolio to Mattel on the ground that the enhancement of value [of the property held MATTEL v. MGA ENTERTAINMENT 10535 in trust] is given to the beneficiary of the constructive trust. As a result, Mattel acquired the fruit of MGA s hard work, and not just the appreciation in value of the ideas Mattel claims it owns. [4] In general, [t]he beneficiary of the constructive trust is entitled to enhancement in value of the trust property. Haskel Eng g & Supply Co. v. Hartford Accident & Indem. Co., 144 Cal. Rptr. 189, 193 (Cal. Ct. App. 1978). This is so not because [the beneficiary] has a substantive right to [the enhancement] but rather to prevent unjust enrichment of the wrongdoer-constructive trustee. Id. Thus, a person who fraudulently acquired a house worth $100,000 in 2000 that appreciates to $200,000 by 2010 because of a strong real estate market can t complain when the rightful owner takes the benefit of the $100,000 increase. [I]t is simple equity that a wrongdoer should disgorge his fraudulent enrichment. Janigan v. Taylor, 344 F.2d 781, 786 (1st Cir. 1965). [5] This principle has the greatest force where the appreciation of the property is due to external factors rather than the efforts of the wrongful acquisitor. Id. at 787. When the defendant profits from the wrong, it is necessary to identify the profits and to recapture them without capturing the fruits of the defendant s own labors or legitimate efforts. Dan B. Dobbs, Dobbs Law of Remedies: Damages-Equity-Restitution § 6.6(3) (2d ed. 1993). This is because the aim of restitution has been to avoid taking the defendant s blood along with the pound of flesh. Id. § 6.6(3) n.4. A constructive trust is therefore not appropriate to every case because it can overdo the job. Id. § 4.3(2). [6] When the value of the property held in trust increases significantly because of a defendant s efforts, a constructive trust that passes on the profit of the defendant s labor to the plaintiff usually goes too far. For example, [i]f an artist acquired paints by fraud and used them in producing a valuable portrait we would not suggest that the defrauded party 10536 MATTEL v. MGA ENTERTAINMENT would be entitled to the portrait, or to the proceeds of its sale. Janigan, 344 F.2d at 787. Even assuming that MGA took some ideas wrongfully, it added tremendous value by turning the ideas into products and, eventually, a popular and highly profitable brand. The value added by MGA s hard work and creativity dwarfs the value of the original ideas Bryant brought with him, even recognizing the significance of those ideas. We infer that the jury made much the same judgment when it awarded Mattel only a small fraction of the more than $1 billion in interest-adjusted profit MGA made from the brand. From the ideas for the names Bratz and Jade, MGA created not only the first generation of Bratz dolls (Cloe, Yasmin, Sasha and Jade), but also many other Bratz characters (Ciara, Dana, Diona, Felicia, Fianna and so on), as well as subsequent generations of the original four dolls ( Bratz Flower Girlz Cloe, Bratz on Ice Doll Yasmin, etc.). MGA also generated other doll lines, such as the Bratz Boyz, Bratz Petz and Bratz Babyz. And it made a variety of Bratz doll accessories, along with several Bratz video games and a movie. These efforts significantly raised the profile of the Bratz brand and increased the value of the Bratz trademarks. [7] It is not equitable to transfer this billion dollar brand the value of which is overwhelmingly the result of MGA s legitimate efforts because it may have started with two misappropriated names. The district court s imposition of a constructive trust forcing MGA to hand over its sweat equity was an abuse of discretion and must be vacated. III [8] Mattel also claimed ownership of Bryant s preliminary Bratz drawings and sculpt under Bryant s employment agreement, and that MGA s subsequent Bratz dolls infringed its copyrights in those works. The drawings and sculpt clearly were inventions as that term is defined in Bryant s employ- MATTEL v. MGA ENTERTAINMENT 10537 ment agreement with Mattel. However, MGA argued that the employment agreement didn t assign the items because Bryant created them outside the scope of his employment at Mattel, on his own time. At summary judgment, the district court held that the agreement assigned inventions even if they were not made during working hours, so long as they were created during the time period Bryant was employed by Mattel. So instructed, the jury found that Bryant made the drawings and sculpt while he was employed by Mattel, and the agreement therefore assigned them to Mattel.4 The jury was not asked to find whether Bryant made the drawings and sculpt during Mattel work hours, and it s unclear whether the record contained any evidence on this point. Once Mattel established ownership of Bryant s preliminary sketches and sculpt, it pursued a copyright claim against MGA. The district court instructed the jury that any substantially similar Bratz doll infringed Mattel s copyrights in the sketches and sculpt. During deliberations, the jury sent the judge a note asking if it could find infringement as to the first generation of Bratz dolls and no others. The judge said it could. The jury returned a general verdict finding MGA liable for copyright infringement, but awarded Mattel only $10 million in damages, a tiny fraction of the more than $1 billion to which Mattel claimed it was entitled. The district court thought it unclear which Bratz dolls, or how many dolls, the jury thought infringing, so it made its own infringement findings in determining whether Mattel was entitled to equitable relief. The district court found the vast majority of Bratz dolls infringing and enjoined MGA from producing them or any other substantially similar dolls. 4 The jury also found that Bryant created the dummy doll, see p.10530 supra, while he was at Mattel. The dummy was thrown away long before this litigation ensued, and was so crude that no copyright claim is based on it. 10538 MATTEL v. MGA ENTERTAINMENT A. Bryant s 1999 employment agreement assigns to Mattel inventions created at any time during my employment by the Company. 5 MGA argues that at any time during my employment covers only works created within the scope of Bryant s employment, not those created on his own time and outside of his duties at Mattel. Bryant wasn t tasked with creating new doll lines there; he designed fashions and hair styles for Barbie Collectibles. MGA thus argues that Bryant created the Bratz designs and came up with the names Bratz and Jade outside the scope of his employment, and that he therefore owns the work.6 The district court disagreed, holding at summary judgment that the agreement assigned to Mattel any doll or doll fashions [Bryant] designed during the period of his employment with Mattel. It was therefore irrelevant whether Bryant worked on [Bratz] on his own time [or] during his working hours at Mattel. We again review the district court s construction of the contract de novo. See L.K. Comstock, 880 F.2d at 221. [9] The phrase at any time during my employment is ambiguous. It could easily refer to the entire calendar period Bryant worked for Mattel, including nights and weekends. 5 The agreement excepts inventions that qualif[y] under the provision of Section 2870 of the California Labor Code[, which] provides that the requirement to assign shall not apply to an invention that the employee developed entirely on his or her own time without using the employer s equipment, supplies, facilities or trade secret information except for those inventions that either (1) relate at the time of conception or reduction to practice of the invention to the employer s business . . . or (2) result from any work performed by the employee for the employer. 6 It won t matter whether Bryant came up with the ideas in the course of employment if the district court or a properly instructed jury determines that the agreement didn t assign ideas in the first place. See Part II.A supra. MATTEL v. MGA ENTERTAINMENT 10539 But it can also be read more narrowly to encompass only those inventions created during work hours ( during my employment ), possibly including lunch and coffee breaks ( at any time ).7 Extrinsic evidence doesn t resolve the ambiguity. For example, an employee testified that it was common knowledge that a lot of people were moonlighting and doing other work, which wasn t a problem so long as it was done on their own time, and at their own house. She agreed when asked, Was it your understanding that if you designed dolls when you were at home at night that you owned them? However, another employee testified, Everything I did for Mattel belonged to Mattel. Actually, everything I did while I was working for Mattel belonged to Mattel. [10] Because the agreement s language is ambiguous and some extrinsic evidence supports each party s reading, the district court erred by granting summary judgment to Mattel on this issue and holding that the agreement clearly assigned works made outside the scope of Bryant s employment. See City of Hope Nat l Med. Ctr., 181 P.3d at 156. The issue should have been submitted to the jury, which could then have been instructed to determine (1) whether Bryant s agreement assigned works created outside the scope of his employment at Mattel, and (2) whether Bryant s creation of the Bratz sketches and sculpt was outside the scope of his employment. B. The district court s error in construing the employment agreement is sufficient to vacate the copyright injunction. On 7 Mattel argues that because employers are already considered the authors of works made for hire under the Copyright Act, 17 U.S.C. § 201(b), the agreement must cover works made outside the scope of employment. Otherwise, employees would be assigning to Mattel works the company already owns. But the contract provides Mattel additional rights by covering more than just copyrightable works. The contract can also be enforced in state court, whereas Copyright Act claims must be heard in federal court. 10540 MATTEL v. MGA ENTERTAINMENT remand, Mattel might well convince a properly instructed jury that the agreement assigns works created outside the scope of employment, or that Bryant s preliminary Bratz sketches and sculpt were created within the scope of his employment at Mattel. The district court would then once again have to decide whether to grant a copyright injunction. We therefore believe it prudent to address MGA s appeal of the district court s copyright rulings. [11] Mattel argued that MGA s Bratz dolls infringed its copyrights in the sketches and sculpt. To win its copyright claim, Mattel had to establish three things. First, Mattel had to prove that it owned copyrights in the sketches and sculpt (it did). Second, it had to show that MGA had access to the sketches and sculpt (obviously). Third, it had to establish that MGA s dolls infringe the sketches and sculpt (the kicker). See Aliotti v. R. Dakin & Co., 831 F.2d 898, 900 (9th Cir. 1987). [12] Assuming that Mattel owns Bryant s preliminary drawings and sculpt, its copyrights in the works would cover only its particular expression of the bratty-doll idea, not the idea itself. See Herbert Rosenthal Jewelry Corp. v. Kalpakian, 446 F.2d 738, 742 (9th Cir. 1971). Otherwise, the first person to express any idea would have a monopoly over it. Degas can t prohibit other artists from painting ballerinas, and Charlaine Harris can t stop Stephenie Meyer from publishing Twilight just because Sookie came first. Similarly, MGA was free to look at Bryant s sketches and say, Good idea! We want to create bratty dolls too. [13] Mattel, of course, argues that MGA went beyond this by copying Bryant s unique expression of bratty dolls, not just the idea. To distinguish between permissible lifting of ideas and impermissible copying of expression, we have developed a two-part extrinsic/intrinsic test. See Apple Computer, Inc. v. Microsoft Corp., 35 F.3d 1435, 1442 (9th Cir. 1994). At the initial extrinsic stage, we examine the similarities between the copyrighted and challenged works and then determine MATTEL v. MGA ENTERTAINMENT 10541 whether the similar elements are protectable or unprotectable. See id. at 1442-43. For example, ideas, scenes a faire (standard features) and unoriginal components aren t protectable. Id. at 1143-45. When the unprotectable elements are filtered out, what s left is an author s particular expression of an idea, which most definitely is protectable. Id. [14] Given that others may freely copy a work s ideas (and other unprotectable elements), we start by determining the breadth of the possible expression of those ideas. If there s a wide range of expression (for example, there are gazillions of ways to make an aliens-attack movie), then copyright protection is broad and a work will infringe if it s substantially similar to the copyrighted work. See id. at 1439, 1146-47. If there s only a narrow range of expression (for example, there are only so many ways to paint a red bouncy ball on blank canvas), then copyright protection is thin and a work must be virtually identical to infringe. See id.; Satava v. Lowry, 323 F.3d 805, 812 (9th Cir. 2003) (glass-in-glass jellyfish sculpture only entitled to thin protection against virtually identical copying due to the narrow range of expression). The standard for infringement substantially similar or virtually identical determined at the extrinsic stage is applied at the intrinsic stage. See Apple Computer, 35 F.3d at 1443. There we ask, most often of juries, whether an ordinary reasonable observer would consider the copyrighted and challenged works substantially similar (or virtually identical). See id. at 1442. If the answer is yes, then the challenged work is infringing. The district court conducted an extrinsic analysis and determined that the following elements of Bryant s sketches and sculpt were non-protectable: 1. The resemblance or similarity to human form and human physiology. 10542 MATTEL v. MGA ENTERTAINMENT 2. The mere presence of hair, heads, two eyes, eyebrows, lips, nose, chin, mouth, and other features that track human anatomy and physiology. 3. Human clothes, shoes, and accessories. 4. Age, race, ethnicity, and urban or rural appearances. 5. Common or standard anatomical features relative to others (doll nose and relatively thin, small bodies). 6. Scenes a faire, or common or standard treatments of the subject matter. It found that the following elements were protectable: 1. Particularized, synergistic compilation and expression of the human form and anatomy that expresses a unique style and conveys a distinct look or attitude. 2. Particularized expression of the doll s head, lips, eyes, eyebrows, eye features, nose, chin, hair style and breasts, including the accentuation or exaggeration of certain anatomical features relative to others (doll lips, eyes, eyebrows, and eye features) and de-emphasis of certain anatomical features relative to others (doll nose and thin, small doll bodies). 3. Particularized, non-functional doll clothes, doll shoes, and doll accessories that express aggressive, contemporary, youthful style. Based on this determination, the district court decided that substantial similarity is the appropriate test for infringe- MATTEL v. MGA ENTERTAINMENT 10543 ment. And, in determining whether Mattel was entitled to equitable relief, it found that the two Bratz sculpts and the overwhelming majority of the Bratz female fashion dolls were substantially similar to Mattel s copyrighted works. The district court therefore entered an injunction prohibiting MGA from producing the infringing dolls or any future substantially similar dolls. We review de novo the district court s determination as to the scope of copyright protection. See Ets-Hokin v. Skyy Spirits, Inc., 225 F.3d 1068, 1073 (9th Cir. 2000). 1. Doll Sculpt. The district court enjoined MGA from marketing or producing any doll that incorporates the core Bratz fashion doll production sculpt or the Bratz Movie sculpt because it held they were substantially similar to Bryant s preliminary sculpt.8 By adopting the substantially similar standard, the district court afforded Bryant s sculpt broad copyright protection. See pp.10540-41 supra. MGA argues that the district court should have given Bryant s preliminary sculpt only thin protection against virtually identical works. [15] In order to determine the scope of protection for the sculpt, we must first filter out any unprotectable elements. Producing small plastic dolls that resemble young females is a staple of the fashion doll market. To this basic concept, the Bratz dolls add exaggerated features, such as an oversized head and feet. But many fashion dolls have exaggerated features take the oversized heads of the Blythe dolls and My Scene Barbies as examples. Moreover, women have often been depicted with exaggerated proportions similar to those of the Bratz dolls from Betty Boop to characters in Japanese anime and Steve Madden ads. The concept of depicting a young, fashion-forward female with exaggerated features, 8 The district court s analysis was brief, so we must infer this finding. It s possible that the district court also thought MGA s two sculpts were substantially similar to some of Bryant s sketches of doll bodies. Even if this were so, it wouldn t change our analysis because the sketches of doll bodies would be entitled to no more protection here than Bryant s sculpt. 10544 MATTEL v. MGA ENTERTAINMENT including an oversized head and feet, is therefore unoriginal as well as an unprotectable idea. Cf. Herbert Rosenthal, 446 F.2d at 742 ( We think the production of jeweled bee pins is a larger private preserve than Congress intended to be set aside . . . . A jeweled bee pin is therefore an idea that defendants were free to copy. ). Mattel argues that the sculpt was entitled to broad protection because there are many ways one can depict an exaggerated human figure. It s true that there s a broad range of expression for bodies with exaggerated features: One could make a fashion doll with a large nose instead of a small one, or a potbelly instead of a narrow waist. But there s not a big market for fashion dolls that look like Patty and Selma Bouvier. Little girls buy fashion dolls with idealized proportions which means slightly larger heads, eyes and lips; slightly smaller noses and waists; and slightly longer limbs than those that appear routinely in nature. But these features can be exaggerated only so much: Make the head too large or the waist too small and the doll becomes freakish, not idealized. [16] The expression of an attractive young, female fashion doll with exaggerated proportions is thus highly constrained. Cf. Data East USA, Inc. v. EPYX, Inc., 862 F.2d 204, 209 (9th Cir. 1988) ( Because of these constraints, karate is not susceptible of a wholly fanciful presentation. ). Because of the narrow range of expression, the preliminary sculpt is entitled to only thin copyright protection against virtually identical copying. Cf. Ets-Hokin v. Skyy Spirits Inc., 323 F.3d 763, 766 (9th Cir. 2003) (photo of vodka bottle merits only thin protection because of limited range of expression); Satava, 323 F.3d at 812 (similar). The district court erred in affording broad protection against works substantially similar to the sculpt. 2. Bratz Sketches. The district court also enjoined MGA from marketing or producing nearly every Bratz female fashion doll not just the first generation of dolls, but also subsequent dolls like Bratz Nighty-Nite Yasmin and Bratz MATTEL v. MGA ENTERTAINMENT 10545 Campfire Felicia because it held they were substantially similar to Bryant s preliminary sketches.9 MGA argues that the district court erred in failing to filter out the unprotectable elements of the dolls and by applying the substantial similarity standard.10 [17] Unlike the limited range of expression for the sculpt, there s a wide range of expression for complete young, hip female fashion dolls with exaggerated features. Designers may vary the face paint, hair color and style, and the clothing and accessories, on top of making minor variations to the sculpt. One doll might have brown eyes with bronze eyeshadow, wavy auburn hair, leather boots, a blue plaid mini matched with a black button-down, silver knot earrings and a barrel bag. Another might have green eyes with pink eyeshadow, brown hair in a messy bun, gold wedges, dark skinny jeans matched with a purple halter, a turquoise cuff and a clutch, along with a slightly different body and facial structure.11 See JCW Invs. v. Novelty, Inc., 482 F.3d 910, 917 (7th 9 Infringement can occur even though the copyrighted work is done in a different medium than the challenged work. Meshwerks, Inc. v. Toyota Motor Sales U.S.A., Inc., 528 F.3d 1258, 1267-68 (10th Cir. 2008); see Blanch v. Koons, 467 F.3d 244, 252 (2d Cir. 2006). 10 Contrary to Mattel s argument, MGA s opening brief adequately preserved its objections to the district court s decision. 11 MGA argues that doll clothes aren t entitled to copyright protection. Copyright law doesn t protect useful articles that have an intrinsic utilitarian function apart from their expression or appearance. See 17 U.S.C. §§ 101, 102(a)(5). Human clothing is considered utilitarian and unprotectable. See Poe v. Missing Persons, 745 F.2d 1238, 1242 (9th Cir. 1984). However, articles that are intended only to portray the appearance of clothing are protectable. Id. Dolls don t feel cold or worry about modesty. The fashions they wear have no utilitarian function. Cf. Masquerade Novelty v. Unique Indus., 912 F.2d 663, 670-71 (3d Cir. 1990) (animal nose masks have no utilitarian function apart from portraying appearance of animal nose); Gay Toys, Inc. v. Buddy L Corp., 703 F.2d 970, 973 (6th Cir. 1983) (toy airplane merely portrays appearance of actual airplane and has no utilitarian function). Even if we were to defer to the letter from the Copyright Office saying that doll clothing isn t protected, as MGA argues we should, the letter s interpretation is obviously wrong. 10546 MATTEL v. MGA ENTERTAINMENT Cir. 2007) ( Novelty could have created another plush doll of a middle-aged farting man that would seem nothing like Fred. He could, for example, have a blond mullet and wear flannel, have a nose that is drawn on rather than protruding substantially from the rest of the head, be standing rather than ensconced in an armchair, and be wearing shorts rather than blue pants. ). The district court didn t err in affording the doll sketches broad copyright protection against substantially similar works. [18] The district court did err, however, in failing to filter out all the unprotectable elements of Bryant s sketches. The only unprotectable elements the district court identified were: (1) the dolls resemblance to humans; (2) the presence of hair, head, two eyes and other human features; (3) human clothes, shoes and accessories; (4) age, race, ethnicity and urban or rural appearances; (5) standard features relative to others (like a thin body); and (6) other standard treatments of the subject matter. And it reasoned that the doll s [p]articularized, synergistic compilation and expression of the human form and anatomy that expresses a unique style and conveys a distinct look or attitude is protectable, along with the doll fashions that expressed an aggressive, contemporary, youthful style. But Mattel can t claim a monopoly over fashion dolls with a bratty look or attitude, or dolls sporting trendy clothing these are all unprotectable ideas. [19] This error was significant. Although substantial similarity was the appropriate standard, a finding of substantial similarity between two works can t be based on similarities in unprotectable elements. See Data East, 862 F.2d at 209 (clear error for district court to determine substantial similarity existed based on unprotectable elements). When works of art share an idea, they ll often be similar in the layman s sense of the term. For example, the stuffed, cuddly dinosaurs at issue in Aliotti v. R. Dakin & Company, 831 F.2d at 901, were similar in that they were all stuffed, cuddly dinosaurs but that s not the sort of similarity we look for in copyright law. MATTEL v. MGA ENTERTAINMENT 10547 Substantial similarity for copyright infringement requires a similarity of expression, not ideas. See id. The key question always is: Are the works substantially similar beyond the fact that they depict the same idea? [20] MGA s Bratz dolls can t be considered substantially similar to Bryant s preliminary sketches simply because the dolls and sketches depict young, stylish girls with big heads and an attitude. Yet this appears to be how the district court reasoned: Especially important to the Court s [substantial similarity finding] is the consistency of the particularized expression of the dolls heads, lips, eyes, eyebrows, eye features, noses, as well as the particularized expression of certain anatomical features relative to others . . . and de-emphasis of certain anatomical features (most notably the minimalized doll nose and thin, small doll bodies). Also important to the Court is the particularized, synergistic compilation and expression of the human form and anatomy that quite clearly expresses a unique style and conveys a distinct look or attitude . . . . It might have been reasonable to hold that some of the Bratz dolls were substantially similar to Bryant s sketches, especially those in the first generation. But we fail to see how the district court could have found the vast majority of Bratz dolls, such as Bratz Funk N Glow Jade or Bratz Wild Wild West Fianna, substantially similar even though their fashions and hair styles are nothing like anything Bryant drew unless it was relying on similarities in ideas. *** Bryant s employment agreement may not have assigned his ideas for the names Bratz and Jade to Mattel at all, and the district court erred by holding that it did so unambigu- 10548 MATTEL v. MGA ENTERTAINMENT ously. Even if Bryant did assign his ideas, the district court abused its discretion in transferring the entire Bratz trademark portfolio to Mattel. We therefore vacate the constructive trust, UCL injunction and declaratory judgment concerning Mattel s rights to the Bratz trademarks. The district court may impose a narrower constructive trust on remand only if there s a proper determination that Mattel owns Bryant s ideas. [21] The district court also erred in holding, at summary judgment, that the employment agreement assigned works created outside the scope of Bryant s employment. We therefore vacate the copyright injunction. On remand, Mattel will have to convince a jury that the agreement assigned Bryant s preliminary sketches and sculpt, either because the agreement assigns works made outside the scope of employment or because these works weren t made outside of Bryant s employment. And, in order to justify a copyright injunction, Mattel will have to show that the Bratz sculpts are virtually identical to Bryant s preliminary sculpt, or that the Bratz dolls are substantially similar to Bryant s sketches disregarding similarities in unprotectable ideas. Nothing we say here precludes the entry of equitable relief based on appropriate findings.12 Because several of the errors we have identified appeared in the jury instructions, it s likely that a significant portion if not all of the jury verdict and damage award should be vacated, and the entire case will 12 We decline to address MGA s appeal of the mistrial order and Mattel s cross-appeal of the attorney-client privilege finding. These issues are likely moot, and their resolution is unnecessary to dispose of this interlocutory appeal. Our jurisdiction over them is also doubtful. See Poulos v. Caesars World, Inc., 379 F.3d 654, 668-70 (9th Cir. 2004). We also decline to address MGA s appeal of the district court s decisions concerning the three alleged state-law violations, which Mattel argues show that MGA wrongfully acquired the ideas for the names Bratz and Jade. We ve found that the district court didn t properly analyze whether Mattel owns Bryant s ideas under his contract, so it s premature to try to determine whether MGA s acquisition of them was wrongful. MATTEL v. MGA ENTERTAINMENT 10549 probably need to be retried. We express no opinion on this issue here, except to say that any further proceedings must be consistent with our decision. America thrives on competition; Barbie, the all-American girl, will too. EQUITABLE RELIEF VACATED. Each party shall bear its own costs.


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The Year of the Runaways is a very timely novel depicting the lives of Indian immigrants and the dynamics which force people into risking their lives to travel to an alien society.
Sahota carefully conveys the alien nature of English society. He frequently uses Punjabi words and phrases, which will have the diligent reader researching, but also serves to highlight the difficulties of working outside of one's native language.
The novel moves effortlessly from India to England, most notably Sheffield. The way Sahota moves from one story line to another is well handled, allowing Sahota to build tension throughout the novel, which is sometimes released to shocking effect.
It also allows for class comparison — the difficulties faced by Randeep, the son of a bureaucrat, pale next to those of Avtar, the son of a bankrupt shopkeeper.
The plot moves backwards and forwards through time. Brilliantly, Sahota uses this to retrospectively develop his characters and consequently the reader falls in and out of sympathy with the protagonists.
Sahota handles the narratives of the central characters and the prose in a manner which at first seems simple, but as the novel develops, it becomes clear that underlying the simplicity are sophisticated nuances.
The reader is left with the realisation that solidarity is not an automatic consequence of privation. And the one driving force for this lack of solidarity is the need for money — money to send home, money for the visa, money for the loan sharks…
Indeed, many of the characters' emotions are stripped away and shown to be about money. Bullies and thieves are everywhere in this book. And most of them rely on socialised acceptance of this to operate. So illegal immigration is industrialised.
It's as easy as organising and paying for a fake wife for one; it's as easy as giving up an internal organ for another.
As Avtar notes, "He could feel the threat, because he knew that the rich were the kind of people who find fault with the pet and not the leash."
But there are other driving forces as well. Narinder, for instance, has more than simple poverty to escape. But in the attempt she unwittingly finds herself in a precarious position.
The book is divided into seasons culminating with autumn, thus leaving the reader knowing that another winter is coming.
One fact that shines out from the pages of this novel is that migration is inevitable and justifiable.
Some of the characters are fleeing horrific oppression, some grinding poverty, one his own dreadful actions.
They all gain a realisation, in one way or another, that escaping immediate circumstances is not enough. India peruses them emotionally, physically and financially. And England is just as much about being bullied for money as anywhere.


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Feast Your Eyes on the 2017 Ford F-150 Raptor at the Detroit Auto Show
The 2016 North American International Auto Show has just wrapped up, and it seems that Ford's done it again. With the revelation of the stunning new 2017 Ford F-150 Raptor SuperCrew, the automaker has changed the pickup-truck game, forcing its competitors to play catchup once more. Check out the future of truck design!
The new F-150 Raptor SuperCrew modifies the F-150 you've come to know and love, boosting the ground clearance, long-travel suspension and interior volume. It also retains the aluminum construction of the F-150 for impressive weight reduction — Ford claims as much as 500 pounds have been shed because of it. Less weight also means better performance, and this is especially true when you have a 3.5-liter EcoBoost V6 powerplant to work with, as the new Raptor does. It takes the place of the previous model's engine, a 6.2-liter V8, and is expected to outperform its predecessor. That's no small feat — that V8 engine is a real dynamo, generating up to 411 horsepower and 434 pound-feet of torque! The new 10-speed automatic transmission of the Raptor SuperCrew should help, and it will likely also contribute to the truck's undoubtedly superior fuel economy.
The 2017 Ford Raptor SuperCrew will also boast an improved four-wheel-drive system with torque on demand and an intuitive terrain-response system that switches between six modes: Street, Weather, Mud/Sand, Rock, Baja and Normal. Plus, standing 12 inches longer than the SuperCab model, the new truck will have an incredibly spacious and comfortable cabin.
It sounds like you'll be able to go anywhere and do anything inside this powerful pickup! We can't wait to get our hands on it down here in South Carolina at our Ford dealership in Travelers Rest. Stay tuned for more news about the new F-150 and further updates from the Detroit auto show as they come in!
This entry was posted by George Coleman Ford on January 26, 2016 at 5:22 pm, and is filed under Ford News. Follow any responses to this post through RSS 2.0.Both comments and pings are currently closed.
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Counselling for Children and Adolescents
It is easier to build strong children than to repair broken adults.
Counselling can help children and young people who are struggling with a variety of issues. Often we are not sure what is bothering our children or even that anything is wrong until their behaviour changes in some way. Providing a safe confidential space can help them to work through difficult feelings and develop confidence and resilience. Few of us are able to function well when we are unhappy or stressed, young people receiving emotional support from a qualified professional can help them to reflect on their feelings and make issues easier to manage. I use talking, play and art therapy in my sessions. This means that sometimes I might talk through issues with my clients, sometimes we might use art or play depending on what feels right for the client.
Play is the language that children use before words and in using play and art therapeutically I hope to help children to engage with their feelings to make them more manageable.
CAL Counselling is based in Hampton Hill with direct public transport links from Fulwell, Richmond-Upon-Thames, Twickenham, Kingston-Upon-Thames, Sunbury-On-Thames, Teddington and surrounding areas.


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The teaser for James Franco's 'The Deuce' is pretty clean for an HBO porn drama
By Laura Prudom
The first promo for HBO's new drama The Deuce puts the tease in teaser — which actually makes sense, when you hear the premise.
Starring James Franco in the dual roles of twin brothers Vincent and Frankie Martino, The Deuce follows the story of the legalization and subsequent rise of the porn industry in New York's Times Square from the early 1970s through the mid-1980s. Maggie Gyllenhaal also stars as a Times Square sex worker with an entrepreneurial spirit.
Hailing from The Wire creator David Simon and author George Pelecanos, the new footage oozes '70s style (and thankfully not any other bodily fluids).


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- Mon, 04:28: My feet are so hot I could probs start a fire. No kidding. :'D https://t.co/8DzRJAd6ze
- Mon, 04:33: 📷 artemiskitsune: "I'm the original Dean." #spnphx X Jokes on you Jared, they gave you a seat with a... https://t.co/KVagbbQuLG
- Mon, 19:44: 📷 Coulson I love you, you stupid handsome man child. https://t.co/UTFvwaePtz
- Mon, 19:47: 📷 You must learn to break this unhealthy behaviour. https://t.co/TR6PGMT1T1
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I grew up in a family of artists which colored my perception of art ever since I was a small child. I quickly learned to appreciate both representational and abstract art as equally valid methods of expression. Later, I developed a strong personal interest in surrealism.
I believe that imaginative, non-documentary images last much longer in a viewer's mind. With the proliferation of high resolution, affordable digital cameras, nearly anyone can successfully capture extremely detailed and accurate images but every day we are overwhelmed by a multitude of mundane visual statements of limited imagination or challenge. An artist's unique viewpoint is paramount to any lasting visual statement and their awareness of historical art gives richness and context to the statement. Finally, a demonstration of fine craftsmanship over multiple works adds validation to their vision.
My near 50 year obsession with photography began with an introductory class at UNM in 1971 and I've been producing photographic art ever since, having studied under Wayne Lazorik and later with Betty Hahn. For nearly 30 years I produced traditional Black and White Silver Gelatin prints in a wet darkroom. The last 10 years of that period, I would often hand apply oil-paint over Silver prints. My first public showing was in 1991. After winning a competition, I had my first solo show in NYC in 1994. In 1995 I won the Willard Van Dyke Photography award and had my second solo show at the Megan Fox gallery in Santa Fe. From 2001- 2004 I dismantled my (fifth) studio darkroom and now work in a digital studio in my home.
My work is held by The Albuquerque Museum of Art and History, The New Mexico Museum of Art, The Capitol building in Santa Fe, The City of Albuquerque, and many private collectors. I continue to exhibit in Albuquerque and other national juried exhibitions.
My subject matter is non-objective/abstract/surreal in a studio setting. The following characteristics are crucial to my vision:
- spatial perspective and viewpoint is paramount
- there is a strong sense of mystery or timelessness
- simple form and geometry often dominate
- subtle lighting or emphasized shadows
- the color palette must be quite limited
- show the viewer something not commonly seen
- imagined relationships cannot be too literal


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… Never. This post was slated to go live the same day Uncle Sam started surcharging tardy tax returns. Then — human error took over.
You don't have to step back in time, though, for this post to help you — it's as relevant now as it was on April 15. And it'll stay relevant year-round. Still, as with so many IPM tactics, the sooner you start the better.
******************** and now for the post:
While Uncle Sam is busy reviewing your 2012 balance sheet, why not take a close look at your IPM 2012 "balance sheet": your notes or scouting records? Sure, last year's pest diary can't predict what will hammer you this year. Still — other than new pests on the prowl, the pool of potential malcontents doesn't differ much from year to year. You can learn a lot from reviewing which pests harassed you most (or gave you a break).
Especially — if your records say what conditions tended to make problems worse. Did pests blow in on storm fronts from points south; were fields too wet too late; did Jack Frost leave a calling card when you least wanted it?
Conversely, your records could show which growing conditions hammered pests on your behalf.
With all that as your backdrop, what did you do about troubling pests? How well did your tactics work? What did you learn; what could you build on (or do differently) this year? If your records go back several years (a decade would be gravy), you've got lots of good material to draw on for evidence-based, least-toxic decisions about what to do when nature throws you a wild card.
Whether you're a farmer, landscaper, groundskeeper, or gardener, we're right there to suggest what cards to play. Tune into our timely pest forecasts, trap networks, and field reports to get a heads-up on what's headed your way. And tweak the cultural and scouting practices that — for instance — favor healthy plants that shrug off disease or let you know that a pest's natural enemies are about to take command.
IPM helps you make those evidence-based decisions — decisions that emphasize, for instance, resistant plant varieties, sanitation, the right nutrients at the right time, or pheromone traps that act like "come-hither" baits for pests otherwise intent on eating your crops. Prevention, in a word.
And while you're at it — why not review our research reports to see what we're learning? Example: maybe your records show you spent $60± per acre on preventive fungicides for field corn — fungicides that, according to belief, also promote higher yields. Or do they? We did the work and the math on a real-world farm and we're thinking — not so fast. Because in this case, the farmer would take a hit of about $40 per acre on sprays that didn't really improve yields all that much.
Your records are just as valuable for both pests, inside or out, at the schools,
warehouses, concession stands, or rental properties you care for. Maybe last fall you saw way too many yellowjackets at the dumpster — but you can take steps early to prevent more of the same. Similarly, you'll want to scout early whether it's ants, stink bugs, cockroaches or mice knocking at your door.
The operative word: early. Which is why this review matters so much. Because late may as well be never.


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Realtime Access Map
Instrumentalisation of natural science for the reconstruction of architectural konowledge: Lissitzky, Doesburg, Meyer, Teige
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The main idea aimed in this dissertation is to analyze the instrumentalisation process of natural scientific knowledge in a struggle for reconstructing architectural knowledge, between 1914 and 1945. This investigation has been made in the scale of the spreading of this effort in Middle and Eastern Europe in general and has been detailed over the most radical form observed in the left-wing architectural discourses.Architecture lost its self-legitimate, unitary structure of knowledge it owned pre-modern period, in the modernization process. In this situation, for reconstructing this unitary structure, architectural theorists oriented towards different fields of knowledge, considering their knowledge more reliable than own. With this struggle, some architectural discourses sustain the old, some presented synthesis proposals, from the end of nineteenth century, some were in the assertion of entirely transforming the architectural knowledge. This struggle gained a new dimension by means of the revolutionary social context formed after the First World War. Especially, in left-wing avant-garde discourses, assigning .a new beginning,. .a new architecture. which can reconstruct a new world was aimed. These discourses have oriented natural scientific knowledge to justify/legitimize their statements and have established a problematic relationship with it.Consequently, this dissertation explains the mechanisms through which architecture implants natural scientific knowledge into its own studies, and presents the transformation that adapted knowledge undergoes. In this way, the problematic relationship between the knowledge of architecture and natural sciences as a result of instrumentalisation is analyzed. This analysis focuses on the discourses of four architectural theorists: Lissitzky, Doesburg, Teige, Meyer.
- Phd Degree / Doktora [269]