text:
Suffolk, ss. Division of Administrative Law Appeals
Danae Reis,
v. Docket No. CR-07-391
New Bedford Retirement System,
Appearance for Petitioner:
Thomas R. Kolb, Esq.
40 Speen Street
Framingham, MA 01701
David J. Fine, Esq.
Forty Court Street
Suite 700
Boston, MA 02108
Appearance for Respondent:
Michael Sacco, Esq.
285 College Highway
P.O. Box 479
Southampton,.MA 01073-0479
Administrative Magistrate:
James P. Rooney, Esq.
Danae Reis filed a timely appeal, under G. L. c. 32, §16(4), of a May 7, 2007 decision of the New Bedford Retirement System denying her request for a death benefit under the provisions of M.G.L. c. 32, §11(2)(b) as the surviving beneficiary of her late husband, Anthony Reis. I held a hearing in the appeal on May 28, 2008 at the Division of Administrative Law Appeals, 98 North Washington Street, Boston, Massachusetts. At the hearing, I admitted twenty exhibits in evidence. Danae Reis testified for herself. Her daughter, Leesel D. Tortura, also testified on
behalf of Mrs. Reis. Mark Pina, Anthony Reis's son, testified for the New Bedford Retirement System. I made two tapes of the hearing.
Based on the testimony and exhibits presented at the hearing, I make the following findings of fact:
1. Anthony Reis was born on February 3, 1935. He became a police officer in the New Bedford Police Department on September 22, 1974. Ex. 1.
2. When he became an officer, he enrolled in the New Bedford Retirement System and designated his mother, Amelia Correia, as his beneficiary should any sum be due him from the Retirement System at his death under M.G.L. c. 32, § 11(2)(c). Ex. 1.
3. In 1987, Anthony Reis married Danae Reis. The couple lived together in Massachusetts until 1992. That year, the company Mrs. Reis worked for was sold and she moved to Florida. Mr. Reis remained a police officer in New Bedford. The couple agreed that he would move to Florida when he retired. Reis Testimony.
4. After Mrs. Reis left for Florida, Mr. Reis continued to be in regular phone contact with her and each of them traveled occasionally to see the other in Massachusetts or Florida. Reis testimony.
5. For a time after his wife left for Florida, Mr. Reis lived with his son, Mark Pina, at house long in the Reis family. He moved out to live with a girlfriend. Pina testimony.
6. On May 17, 1996, Mr. Reis executed a Change of Beneficiary Form making his son his sole beneficiary under M.G.L. c. 32, § 11(2)(c) in case of his death. Ex. 2. Pina was unaware he was his father's beneficiary until after Mr. Reis died. Pina testimony. He, as well as Mrs. Reis, was also unaware that Mr. Reis had designated Pina as the beneficiary of a life insurance policy. Pina and Reis testimony.
7. On January 18, 2000, Mr. Reis filed with the Retirement System an "Application by Member for Voluntary Retirement Allowance," seeking superannuation retirement effective February 29, 2000 after he turned 65. From the retirement options available, he chose "Option B," which, in accordance with M.G.L. c. 32, § 12(2)(b), would provide him with a retirement allowance for life and a lump sum benefit consisting of the unexpended balance of his annuity account for his named beneficiary upon his death. The portion of the form describing Option B included an opportunity for the person applying for retirement to list his beneficiaries. Mr. Reis did not complete this section. Ex. 3.
8. The retirement application form included a "Spousal Acknowledgment." The Acknowledgment quoted at length from the second paragraph of M.G.L. c. 32, § 12(1), which begins, " For any member who is married, an election shall not be valid unless accompanied by the signature of the member's spouse indicating the member's spouse's knowledge and understanding of the retirement option selected." Ex. 3.
9. Mrs. Reis did not sign at the Spousal Acknowledgment. Rather, the Acknowledgment was unsigned, and in the place for the spouse's signature was the notation "N/A." Ex. 3. To this point, Mr. Reis had not mentioned Mrs. Reis in any of the documents he had submitted to the Retirement System, but neither his initial enrollment form, the change of beneficiary form, or the retirement application specifically asked him to state whether he was married or to whom. See Exs. 1, 2, and 3. He had, however, told Mrs. Reis just before he retired that everything was in her name. Reis Testimony.
10. Mrs. Reis identified the signature on the application as being Mr. Reis's. The hand that printed responses on the rest of the form, which included the "N/A" in the spousal acknowledgment section, was not his, however. Reis Testimony.
11. On January 27, 2000, the Retirement System voted to approve Mr. Reis's application and he retired effective February 29, 2000. Exs. 4 and 5.
12. On April 3, 2002, Mr. Reis filed in person at the Retirement System an "Annual Affidavit of Retired Members and Survivors." The new Bedford affidavit form included a printed notification to recipients that in accordance with 840 CMR 15.01, each member must file an annual affidavit with the Retirement System. The form instructed recipients to "provide the following information ON THIS FORM accurately and IN ITS ENTIRETY, to the best of your knowledge under the penalties of perjury." Ex. 6 (emphasis in original).
13. The new Bedford affidavit form included lines at which the recipient was required to list his current marital status and his beneficiary name. Mr. Reis wrote that he was married and that his beneficiary was his wife, Danae C. Reis. He listed her date of birth and Social Security number as requested.
Ex. 6.
14. On April 25, 2002, the Retirement System sent Mr. Reis a letter in which it stated that after reviewing his affidavit, it "found that the beneficiary you had listed on the form [Danae Reis] is different from the beneficiary we have on file for you [Mark Pina]." The Retirement System enclosed a change of beneficiary form and declared that it could not "enter this change into the system until the change of beneficiary form has been completed and returned to the office." Ex. 7.
15. There is no evidence in the record of a any response to the letter by Mr. Reis.
16. On June 27, 2003, Mr. Reis appeared at the Retirement System and filed his annual affidavit for that year. He again listed Danae Reis as his beneficiary. Ex. 10. He described his marital status as separated; in all other years he listed himself as married. Exs. 6, 10, 11, and 12.
17. There is no evidence in the record of any response by the Retirement System to the continuing discrepancy between Mr. Reis's annual affidavit and this 1996 designation of Mark Pina as his beneficiary.
18. On March 12, 2004, Mr. Reis filed his annual affidavit in person at the Retirement System. As before, he listed his wife Dane Reis as his beneficiary. Ex. 11. Again, there is no evidence in the record of a response from the Retirement System.
19. In 2004, Mr. Reis entered an assisted living facility in Dartmouth called Sunrise. Mrs. Reis, who still lived in Florida, called him daily. Reis testimony. Her daughter, Leesel Tortura, saw him twice per week and ran errands for him. Tortura testimony. Pina picked him up a few times to take him to breakfast. Pina testimony.
20. After entering the assisted living facility, Mr. Reis spoke again to his wife about his retirement benefits. He told her all the paperwork was in order and everything was in her name. Reis testimony. He told Tortura as well that he would be leaving everything to Mrs. Reis. Tortura testimony.
21. While in the assisted living facility, Mr. Reis gave power of attorney to Mrs. Reis and Ms. Tortura. Reis and Tortura testimony. Tortura thereafter managed his expenses. Tortura testimony.
22. His doctors also requested that Mrs. Reis seek a guardianship over him because he was not taking care of himself. Mrs. Reis and Ms. Tortura were subsequent appointed his guardians. His mind remained sharp, however. Reis testimony.
23. The Retirement System sent Mr. Reis's 2005 annual affidavit form to Tortura because she had power of attorney. She bought it to Mr. Reis, and filled out every section except for the identity of his beneficiary. This Mr. Reis filled out, again listing Mrs. Reis as his beneficiary. He signed the annual affidavit on March 7, 2005, had it notarized, and mailed it to the Retirement System, which received it on March 28, 2008. Tortura Testimony and Ex. 12. As in previous years, Mr. Reis listed his wife as his beneficiary, again without any response from the Retirement System. Ex. 12.
24. In 2006, the Retirement System changed its annual affidavit form to delete the requirement that the death benefit beneficiary be listed. Ex. 18.
25. On August 23, 2006, Anthony Reis died. Ex. 13.
26. On February 16, 2007, Mrs. Reis wrote the Retirement System claiming Mr. Reis's death benefit. Ex. 15.
27. The Retirement System sought an opinion from Michael Sacco, Esq. as to how to respond to Mrs. Reis's death benefit claim. Attorney Sacco responded in an April 11, 2007 letter to the Retirement System that:
since Mr. Reis designated Mr. Pina as his beneficiary pursuant to Section 11(2)(c), and that designation was never revoked prior to Mr. Reis's death, the designation of Mr. Pina remains in full force and effect. Accordingly, Mr. Pina remains Mr. Reis's lawful and duly designated beneficiary.
Finally, please note that identifying Mrs. Reis as the beneficiary on the Annual Affidavits does not have the legal effect of designating her as the beneficiary "on a prescribed form filed with the board" as contemplated in Section 11(2)(c). Ex. 16.
28. After receiving Attorney Sacco's opinion letter, the Retirement System voted to accept his recommendation that Pina be named the beneficiary of Mr. Reis' retirement benefits. It informed Mrs. Reis of this decision in a letter dated May 7, 2007.
29. On May 22, 2007, Mrs. Reis filed an appeal with the Division of Administrative Law Appeals. Ex. 17.
A public employee in Massachusetts has a "contractual relationship" with the retirement system to which he belongs. M.G.L. c. 32, § 25(5). The contractual nature of this relationship generates "material expectations on the part of employees." Opinion of the Justices, 364 Mass. 847, 303 N.E.2d 320, 328 (1973). Those "expectations should in substance be respected," particularly the "core ... [of the employee's] reasonable expectations." Id.
A core expectation of an employee who has chosen a retirement option that may provide payments to his beneficiaries after his death is that the beneficiaries he designated be the ones actually paid by the retirement system. Chapter 32 establishes a method by which an employee can make the identity of his beneficiaries known to his retirement board. It provides that:
Any member, upon his written notice on a prescribed form filed with the board prior to his death, may nominate, and from time to time change one or more beneficiaries ...
M.G.L. c. 32, § 11(2)(c).
By requiring the filing of a "prescribed form" to nominate or change beneficiaries, the statute helps in a variety of ways to meet a retiree's expectation that the person he desires to be his beneficiary will be the one who is actually paid benefits after his death. Use of a "prescribed form" provides a readily available and clear way for the retiree to inform his retirement board of the identity of his beneficiary. It also narrows the inquiry the board must make after the death of a retiree and eases the administration of the retirement benefits system. The board need not look far and wide to determine a retiree's intentions. Rather, the board may review its own files to look for the latest prescribed form designating a beneficiary to determine to whom to pay benefits. Payment to the correct beneficiary is particularly important because the statute provides that payment made by a board to a retiree's "beneficiary or beneficiaries of record surviving at his death shall bar the recovery of such payment by any other person." M.G.L. c. 32, § 11(2)(c).
Disputes over the identity of the correct beneficiary often focus on conflicts between the deceased retiree's apparent wishes and the ease of administration by the affected board. The decisions tend to favor results that most likely meet the retiree's actual expectations over results consistent with administrative ease.
For example, when a board's file contained no designation of a retiree's daughter as his beneficiary, the Supreme Judicial Court nonetheless ruled in her favor taking into account oral testimony that showed that a proper designation had been filed in person and the board had simply lost it. O'Connor v. Boston Retirement Board, 304 Mass. 471, 23 N.E.2d 862 (1939); see also Marcus v. State Board of Retirement, CR-9336 (DALA dec. 1/8/87; no CRAB decision)(change of beneficiary form that was mailed to retirement board given effect, though it was not in the board's files, because there was no evidence that the completed form had not been received).
Moreover, although generally a designation must be on file at the time of a retiree's death, see Griffin v. State Retirement Board, CR-96-182 (DALA dec. 5/16/97; no CRAB decision)(beneficiary designation received after retiree's death ineffective), not all designations on file are given effect if they are demonstrably inconsistent with the retiree's intentions. When the evidence establishes that the latest designation on file is not genuine, it is not honored. See Johnson-Alli v. State Board of Retirement, CR-01-956 (DALA dec. 1/24/03; no CRAB decision). In the case of a separation or divorce, although the board's files may still list the ex-spouse as a beneficiary, that designation is not honored if the ex-spouse has waived the right to benefits in a valid separation agreement or divorce decree. See King v. State Board of Retirement, CR-06-527 (DALA dec. 6/22/07; no CRAB decision), Farrington v. State Board of Retirement, CR-04-1136 (DALA dec. 2/17/06; no CRAB decision), and Rodgers v. State Board of Retirement, CR-01-1000 (DALA dec. 8/29/02; no CRAB decision).
Finally, when a beneficiary designation is on file, although not quite in the form a board expected, it may be given effect if it "substantially complies" with the requirements of the state retirement system. Smith v. Contributory Retirement Appeal Board, Superior Court No. 05-3364, Memorandum of Decision and Order on Plaintiff Marsha Smith's Motion for Judgment on the Pleadings (May 2, 2007; Hamlin, J). Smith's circumstances are illustrative of the meaning of substantial compliance. When Smith died, the State Retirement Board's files contained two documents that identified her beneficiaries. One was a completed nomination of beneficiary form, while the other was an application for early retirement in which Smith named her daughter as her sole beneficiary. Although the early retirement application provided the latest information on Smith's wishes, the Board did not rely on it because Smith had withdrawn her application to retire. This forum affirmed the Board's decision, "[a]lthough this result is harsh for the Petitioner, and ... is probably not what [Smith] intended," because M.G.L. c. 32, § 12(1) makes an option selection in a retirement application ineffective if the member dies before retiring. Smith v. State Board of Retirement, CR-04-344 (DALA dec. 2/14/05; CRAB dec. 7/5/05). The result changed in the Superior Court, which examined whether Smith had substantially complied with the beneficiary designation standards of the statute. It looked at whether there was evidence that Smith meant to change her beneficiaries and had taken steps that, for all practical purposes, were similar to those required by the statute. Memorandum of Decision at 6. It found that, although Smith did not follow the exact procedures set forth in the statute, she did intend to change her beneficiaries and had attempted to effect that change in a manner that was allowable at the time she filed her retirement application. Memorandum of Decision at 6-7.
In light of these decisions requiring that a retiree's wishes be honored to the extent possible under the statute, I examine the beneficiary designation question presented here. The documents on which the Retirement System and Mrs. Reis rely on are on file with the Retirement System, and hence there is no dispute about whether a filing was made. The only dispute is about whether the form on which Mrs. Reis relies is "a prescribed form." See M.G.L. c. 32, §11(2)(c).
I note at the outset that the statute reads a prescribed form, rather than the prescribed form, meaning that there can be more than one prescribed form. In this case, the Retirement System has in its files three forms that are indisputably prescribed forms for designating beneficiaries: the form in which Mr. Reis enrolled in the retirement system and designated his mother as his beneficiary, the change of beneficiary form in which he designated his son as his beneficiary, and his retirement application that provided an opportunity for him to identity his beneficiary, one that he did not take. The question then is whether the annual affidavits Mr. Reis submitted in which he repeatedly designated his wife as his beneficiary are, in this instance, a fourth type of prescribed form.
All annual affidavits provide information pertinent to the continued correct payout of retirement benefits to either a retired member or to his eligible beneficiaries. If the member is still living, he must provide his name and current address, and certify that he is still living. 840 CMR 15.01(1)(a)(b)and (c). If the beneficiary is receiving payments, the beneficiary must provide the same information, and, to the extent relevant to continued receipt of benefits, the beneficiary's marital status or dependency status. 840 CMR 15.01(1)(a)(b)(c)(d) and (e).
Annual affidavits need not request the identity of the beneficiary of a living member of the retirement system, but a board may request "such additional information as the board may require to determine whether the member or beneficiary is entitled to continued receipt of benefits." 840 CMR 15.01(1)(f). During the period in which Mr. Reis was submitting annual affidavits, the New Bedford Retirement System required that members list their beneficiaries in their annual affidavits and include information on each beneficiary's relationship to the member, date of birth, and Social Security number. See Exs. 6, 10, 11, and 12.
Printed on the form were statements that informed members that, by regulation, they must submit a completed form annually, that the form must be accurately filled out in its entirety, and that the failure to submit a completed form in a timely manner might lead to retirement benefits being stopped until a properly completed form was submitted. See Exs. 6, 10, 11 and 12. A reasonable person examining the New Bedford annual affidavit form would understand that the entire form needed to be filled out with the correct current information and that all of this information would be used by the Retirement System in administering the retiree's benefits.
There is nothing on the New Bedford form to suggest that the information requested about beneficiaries was to be treated any differently from the other information requested or that, should a change occur in that information, the change needed to be made on another form before it could take effect. For example, an address a retiree listed on the form would be the address the Retirement System used thereafter to send retirement checks. If the retiree then changed his address, then the next time he filled out the affidavit, he would fill in the new address on the form, and the Retirement System would then mail his checks to this new location. The form similarly asked for current beneficiary information with no hint on it that the retiree need do anything other than fill in the correct current information, whether his beneficiaries were the same as before or had changed.
The breadth of information about beneficiaries sought on the annual affidavit would also have suggested to a reasonable person reading the form that it was a proper form for designating a beneficiary. It sought not only the name of the beneficiary, but also the relationship between the beneficiary and the retiree and the beneficiary's date of birth and Social Security number. This is more information than is sought on the retirement application, which requests only the name of each beneficiary and the percentage of benefit each is to receive. It is even more information than the change of beneficiary form requests. That form, too, asks only for the name and address of each beneficiary and the percentage each is to receive.
Thus, when it came time for Mr. Reis to fill out his first annual affidavit in 2002, he was faced with a form that required him to list accurately his intended beneficiary, whether that person was the same one he had previously designated or not. Had he intended to keep his son as his beneficiary, he could have simply listed his son's name. He instead listed Mrs. Reis. Whatever happened between the time he retired, when he failed to list on the retirement application that he had a spouse who should have completed the spousal acknowledgment, and the time he filled out his first annual affidavit, Mr. Reis by then acknowledged in the affidavit that he was married and he provide all the information needed to designate his wife as his beneficiary.
The Retirement System asserts that even if the affidavit could apparently have been used to change beneficiaries, Mr. Reis was soon informed otherwise by letter on April 25, 2002. In that letter, the Retirement System enclosed a change of beneficiary form instructing him to file it if he actually intended to list his wife as his new beneficiary. The Retirement System views his subsequent failure to file a new change of beneficiary form as proof that he still intended to leave his son as his beneficiary.
Mrs. Reis objected to the admission of the April 25, 2002 letter on the grounds that there is no evidence that the Retirement System actually mailed it or that it was received. I allowed the letter to be admitted. I assume the regularity of the Retirement System's files and also that, if the files contain a letter from the Retirement System to a retiree, the letter was actually mailed. I also assume the regularity of the mail. The address listed on the letter was Mr. Reis's then-current address, and hence I assume the letter arrived there. Beyond that, I am unwilling to assume. There is no proof one way or the other that Mr. Reis ever opened the letter. Sometimes people do not open letters, including letters dealing with important financial matters. For instance, in an insurance case cited by the Superior Court in Smith v. Contributory Retirement Board, the insured had received two letters clarifying the documents his insurance company wanted him to file to change the beneficiaries on his annuities. After his death, the letters were found unopened, and hence were not considered by the Appeals Court when deciding who were the proper beneficiaries of the annuities. Strauss v. Teachers Ins. & Annuity Assoc., 37 Mass. App. Ct. 357, 639 N.E.2d 1106, 1108-1109 (1994).
Since there is no proof that Mr. Reis opened or did not open the April 25, 2002 letter, I will consider both possibilities. If he failed to open the letter, he would not have known the Retirement System's view that completing a change of beneficiary form was necessary to name his wife as his beneficiary. In that case, his continued decision to list his wife on his annual affidavit form reflected a reasonable belief that this made her his beneficiary and should be given effect. If he did open the letter and understood it, the situation becomes much harder to fathom. Obviously, he did not file a change of beneficiary form, as the Retirement System requested. But did he thereby mean to change his mind again and have his beneficiary be his son? That is not at all apparent. First, on at least two occasions after he received the letter, Mr. Reis went to the Retirement System's offices, each time to submit another annual affidavit. Since on each occasion he had the documents witnessed by a Retirement System employee, he had an opportunity then to discuss his beneficiaries with Retirement System staff. There is no evidence in the record as to what was said (or not said) on these occasions, but what is known is that after Mr. Reis continued in 2003 and thereafter to file affidavits listing his wife as his beneficiary, the Retirement System sent him no further communications asking him to submit a change of beneficiary form. That could be because of something Mr. Reis told a Retirement System staffer on one of the times he went there or it could be that the Retirement System's practice is to notify a retiree once in this sort of situation and not thereafter. The record lacks any evidence clarifying this point.
The Retirement System's position appears to be that Mr. Reis knew he could not change his beneficiary by merely listing that person on his annual affidavit and yet, armed with this knowledge, he continued to list his wife as his beneficiary knowing that the Retirement System would still consider his son to be his beneficiary. While Mr. Reis's actions are not always easy to understand, I find it hard to accept that he acted this way. The Retirement System's version of events would have had a retired police officer year after year knowingly and repeatedly filing a false affidavit that he signed under the pains and penalties of perjury. And to what end? Presumably, to deceive his wife in some manner. There is no evidence, however, even hinting at deception, particularly when Mrs. Reis lived in Florida and never saw these affidavits.
I am unwilling to engage in the speculation that would be necessary to conclude that Mr. Reis submitted affidavit after affidavit knowing his beneficiary designation was inoperative. Rather, I conclude that the New Bedford Retirement System's annual affidavit was, as it appeared to be, a prescribed form on which a retiree could designate of change a beneficiary. Mr. Reis four times designated his wife as his beneficiary on this prescribed form, thus showing his intentions as clearly as he could.
Accordingly, I reverse the decision of the New Bedford Retirement System and order that it pay Danae Reis 100 percent of the unexpended balance of Anthony Reis's annuity account.
/s/ James P. Rooney
Administrative Magistrate
DATED: March 12, 2008


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subset: commoncrawl


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Hi Guy's. Although I've been lurking around for a while, I have only just decided to join in the mix. I know this is "Luminous-Landscape" and I don't really shoot anything other than products/still-life, but I have yet to find another forum which has such a large and involved MF digital group. I've been shooting 35mm and only very recently made the jump to MF (purchased a new system Dec. 23rd of 2013). Anyway, here are some of my most recent images.These two images: 645DF - Aptus II-12 - 80mm f/2.8 LS D
Gorgeous work Sandeep.Happy New Year.- N.
Been traveling the Andes for Christmas. These are some of my shots. All Nikon D800 and various lenses; nikon 85mm 1.8, Zeiss 35mm 2, and nikon 55mm 1.2.And a night shot. Thanks ACH


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Eagles running back Brian Westbrook has been relatively silent since the season ended about his health, the status of Donovan McNabb and other issues.
Westbrook spoke extensively in an interview with his former teammate Blaine Bishop, now a radio talk show host on WGFX in Nashville, Tenn.
Westbrook said he was not "completely healed" after his first concussion suffered against Washington in a Monday night game despite passing all the tests and waiting 3 weeks to return. He suffered a second concussion against San Diego, keeping him out of the lineup and essentially ending his effectiveness for the season.
Westbrook went into great length to talk about what he learned about concussions this season:
"You don't think about it unless you had one. Unless you get one so they just don't understand that if you continue to play with a concussion you run the risk of all different brain diseases to an early-on type of Alzheimer's to early type of dementia and to forgetting things. As we all get older we tend to forget some things sometimes anyway but it gets worse and so forth and quite possibly death on some situations. A lot of people just do not know it, a lot of young kids. I didn't even know before I even had my concussions all the repercussions of getting concussions. As a player you are always taught get back in there and play. Get back in there and play but the truth is, once I found out that, if you get back in there and play with a concussion even though if you want to play and you are feeling fine that you run the risk of really hurting yourself.
"I had a concussion October 25th. I think it was a Monday night game and I got knocked out and I was laid on the field, asleep on the football field. At that point I woke up and it was very clear I knew what was going on. I knew my surroundings. I knew everything. I had a slight headache. The next couple of days I found out that I had a concussion, a worse concussion than I had previously had thought. At that point you are trying to find out when is the best time to get back into the game. You have to of course wait until you all of your symptoms are gone. All of your headaches are gone when you are resting. All of the headaches are gone when you are having activity. They call it, with exertion… Then you have to pass a test that is called an impact test, which you take on the computer. It tests your reaction time. It tests memories and things like that with shapes and words. Once you are able to pass all of those tests then you have the opportunity to go back out there and play.
"The truth is, I waited three weeks. I passed all of the tests. I waited three weeks to get back out there and after passing all of the tests waiting at the time, just like you said before Blaine, you have a normal hit that kind of just glances off of you or you don't really feel it all that much that had a normal, average NFL hit, not a great big collision or anything like that and the concussion came right back. What happened to me was that I was not completely healed from the first concussion. Even though I waited that long amount of time and passed all the tests I still wasn't completely healed from the first concussion and it came back just like that. After that I had to sit out another five or six weeks just for me to be completely sure that I was 100% OK.
"These concussions are very serious man, I don't think a lot of people are taking them as serious as they should be because really it is a life or death thing. I know that Blaine, you have been out of the league for a few years now that you feel the impact and result of some of the collisions that you had. Some of the injuries that you had at that point. I think that as a player you understand that maybe as a I get older I might not be able to walk as good. I might not be able to play around as much with my kids, but at the same time as you go into the league you still think that you are going to have at least the mental capacity to be able to play with your kids. At least to talk to and have a conversation and remember things and the one thing that people have to know about concussions that if you continue to play with a concussion and you continue to play without being completely healed then you run the risk of not being able to do that. Not being able to walk and talk and communicate and remember and of course early onset of Alzheimer's like I mentioned early as well as dementia. I don't think any player that is going into the NFL and believes that is a realistic risk and it really is if you continue to play with concussions."
Westbrook also said there is no doubt that McNabb will be the Eagles quarterback next season.
"I think there is no question in my mind if Donovan will be back," he said. "After what he was able to do last year which he had a very good year of course. Everybody measures, a lot of fans measure by Super Bowls. Did you win the Super Bowl and you know? Realistically there is only going to be one team out of 32 to win the Super Bowl every year and it is hard to do that. I don't think that you can measure whether a quarterback can be successful or not whether he was a Super Bowl or not. If you look at this football team with Donovan and without Donovan I think you would be hard-pressed to say that there was better quarterback in the league than Donovan McNabb for the Philadelphia Eagles."
You can read a transcript of the full interview from sportsradiointerviews.com by clicking here


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Crime Films
This section of Crimeculture focuses on the most often discussed forms of crime film – gangster films, detective films, classic film noir, neo-noir, cop action films. It also archives a large selection of Roger Westcombe's Big House Film Reviews: click here for the full index of the Big House Film Review Archive.
Our other main sections are:
Gangster Sagas: This section at the moment offers a brief introduction to the gangster films of the 1930s; it includes discussion of the mythologised gangster in relation to American capitalism and of the links between gangster films and film noir. The main examples considered are Little Caesar and Scarface. We are keen to find contributors interested in providing more wide-ranging discussions of the genre.
Detective Films: Philippa Gates surveys a large range of films, from the Hollywood detective series of the 1930s and the Basil Rathbone Holmes films to films of the 90s, like Seven and Silence of the Lambs. Other films discussed here include the detective-centred films noirs of the 40s and 50s, police procedurals like Dragnet, vigilante cop films of the 60s and 70s, and the action-cop films of the 80s – discussed more fully in aseparate section.
Film Noir: An overview of the development of film noir and literary noir in postwar America, with some discussion of the iconic figures of the genre and considers key elements in the definition of noir. As with ganster films, we would be grateful for contributors interested in providing more wide-ranging discussions of the genre. Supplementary articles by Roger Westcombe: What is This Thing Called Film Noir, Anyway; Domesticity That Never Sleeps: the Emergence of the Suburban Thriller; The Road to Double IndemnityR
Neo Noir: This section traces the development of neo-noir from the 1960s on; it considers such things as the charge that neo-noir is a form of postmodern nostalgia and the ways in which neo-noir films represent a 'culture of consumption'.
Cop Action Films: Charting the shift from the vengeful vigilante cop of the 1970s to the action-hero cop and retributive 'musculinity' of the 1980s, this section, by Philippa Gates, takes in the Dirty Harry, Rambo, Lethal Weapon and Die Hard films, and concludes with a discussion of changing images of masculinity in the 1990s. Supplementary article: Philippa Gates Being a Buddy: The Black Detective on the Big Screenn
Female Detectives: Philippa Gates on the role of the female detective, both personally and professionally. Gates analyses the female investigator's struggles with balancing her dual roles as a woman and detective – for example, in films featuring female lawyers, women of action and crime scene investigators.
Classical Hollywood's 'Asian' Detectives: Philippa Gates discusses the Asian detective, an immensely popular hero with film-going audiences during the 1930s and 40s. Her focus is on Charlie Chan, Mr Wong and Mr Moto.
Parody: The classic detective story and hard-boiled fiction have attracted a wide range of parodic responses, both in literature and film. This section incorporates many varieties of parody and pastiche, including the postmodern parody/pastiche in the films of, for example, the Coen brothers, Tarantino and David Mamet.
TV Series: Vicky Munro's introduction to TV representations of crime traces the rise of American cop shows and considers some of the issues that have come to the fore with the growth of 'reality TV' crime shows.
Roger Westcombe's Big House Film Reviews: An archive from the original Crimeculture site of more than 40 reviews of films noirs, both canonical and neo-noir.
The site also contains numerous articles on crime films. Recent additions include, for example, pieces on:
Double Indemnity, The Postman Always Rings Twice, Mildred Pierce, Pulp Fiction and The Usual Suspects. See also: Lee Horsley, The Creation, Marketing and Contexts of Hollywood Crime Films


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This week in Island history
The news of 10 and 15 years ago is from the Jamestown Press. The news of 100 years ago came from the collection of the Newport Historical Society.
100 years ago From the Newport Daily News, May 12, 1909
A special meeting of the town council was held yesterday afternoon to award the contracts for street lighting and for repairs to the town hall. (Two bids were received for street lighting. The contract was awarded to Robert Sherman, $52 per month during the summer and $25 per month for the winter. Thomas D. Wright won the contract for re-shingling the roof, $164 and G. Herbert Wright for varnishing the interior of the hall, $40.)
From the Newport Daily News, May 13, 1909
Mrs. Wilmerding of New York arrived today to make arrangements for opening the Grey Ledge Tea House on Beavertail for the season.
From the Newport Daily News, May 17, 1909
A lobster weighing 6 ¾ pounds was captured Saturday on the east shore of the island in a pot belonging to Mr. Arthur Clarke.
75 years ago From the Newport Daily News, May 18, 1934
The Holy Ghost Society of Jamestown is planning a tenth anniversary celebration at Holy Ghost hall Sunday afternoon, which will terminate a parade from the ferry landing. A band concert will be given by the Vasco de Gama Guards and by the recently formed Luzo American band of Newport.
The attention of the (town) council was called to damage being done to windows and walls in the town hall as a result of playing dart games. The matter was referred to the town sergeant. … Voted that Charles A. Westall be granted permission to sell fireworks from 12 o'clock noon, Monday, July 2, until midnight, Wednesday, July 4, subject however to the following conditions: that no blank cartridges, no explosive firecrackers over three inches in length or firecrackers containing dynamites are to be sold.
50 years ago From the Newport Daily News, May 11, 1959
Jamestown is expected to retain its current $16.20 per thousand tax rate for the next year as a result of the $411,405.41 budget approved at the annual town financial meeting in the Jamestown Recreation Center on Saturday.
From the Newport Daily News, May 12, 1959
Ferryboat Governor Carr, built 32 years ago for Jamestown Newport service, has been declared surplus by the state and within a week will be advertised for sale. … With the larger ferries put into service last summer, their total capacity of 116 cars, almost 20 cars greater than the combined capacity of the three older ferries. Therefore, there is no longer a need for three ferries and the Carr will not be replaced.
From the Newport Daily News, May 16, 1959
(At the Jamestown Bridge Commission meeting) Charles Hull, bridge manager, reported that the gross revenue for the first 14 days of May was $410.35 less than the same period in 1958. Vehicles crossing in this period, though, were 14 per cent more than in 1958.
25 years ago From the Newport Daily News, May 15, 1984
The Town Council voted Monday to accept a donation of two underground gas storage tanks. One will be used at the Town Offices to fill school buses, fire trucks and police cars. … The council voted 4-1 to accept the offer of Kenneth Sylvia and Frank DiMauro. The pair purchased the old gas station just north of the Bay View Hotel on Conanicus Avenue and are refurbishing it into offices.
From the Newport Daily News, May 17, 1984
(photo caption) Completion of retail-related condos facing Jamestown's East Ferry was celebrated with a comingout party Saturday. Renovations allow space for six retail stores and three residential units in the turn-of-the-century Hunt Block building. … Project was designed and built by Estes-Burgin Partnership.
15 years ago From the Jamestown Press, May 12, 1994
State Department of Transportation officials want to use controlled blasting to speed up work on the cross-island highway and complete the project by November.
10 years ago From the Jamestown Press, May 13, 1999
A crowd of about 150 spectators, a lot of them school kids, stood behind yellow "Caution" tape as crew members set up equipment for the next scene of the movie "Me, Myself, and Irene").
The state Department of Transportation has returned to its Southwest Avenue project, as anyone trying to get to and from Beavertail in the last two weeks is well aware.
Members of the Public Works Department planted 18 trees last Friday on Narragansett Avenue between the post office and West Ferry, and two more on Monday. … The project was a joint effort funded by Eastern Utilities and the town.


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The seminarians of today are abortion survivors, and many of them have grown up in pro-life activism. It is no surprise, then, that they are forming, on their own initiative, new networks to encourage one another to focus on bringing an end to this injustice in our society.
"Seminarians from across the country are responding to the call of the American Bishops to live the Gospel of Life. They are uniting to form a group called Seminarian Life Link. The purpose of this group is to network its members to communicate the prolife message and to support each other. Utilizing the modern media tools of the Internet they will assist each other in their formation as spiritual leaders of the Church ready to boldly proclaim the truth that 'the Gospel of Christ is the Gospel of Life.'
National Director Eric Bowman explains, "In a society where the destruction and devaluation of human life is becoming the norm, the Church, led by the example of our Holy Father John Paul II, has inspired us to live the Gospel of Life vigorously and publicly. As future leaders of the Church it is imperative that we be at the forefront of the struggle to defend life."
A similar group is Seminarians for Life, led by Deacon John F. Cyr.
"Seminarians for Life is an independent organization run by seminarians at Mount St. Mary Seminary in Emmitsburg, MD. The principle focus is to educate and unite seminarians around the world on pro-life issues."
Deacon Cyr also edits the newsletter. "Our newsletter reaches around 25,000 seminarians in 81 countries. Our articles are written by seminarians, priests, bishops, pro-life leaders, and legal and medical experts. We are currently doing some restructuring in hopes of better serving our brother seminarians, pro-life friends, and all interested readers. We try to stay in communication with Priests for Life and other Pro-life organizations. We welcome input and questions from all."
It is evident to the priests of Priests for Life, who speak in seminaries worldwide, that many of the seminarians of today have grown up on pro-life activism, and indeed have found their vocations through the pro-life movement. They do not have the paralyzing fear that comes from being concerned about what will happen to them if they address abortion, but rather the liberating strength that comes from being even more concerned about what will happen to the babies if they don't.
The website for Seminarian Life Link, with contact information for both groups, is http://www.abortabortion.org/


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If you're thinking of buying this product using a cashback deal why not use the road.cc Top Cashback page and get some top cashback while helping to support your favourite independent cycling website
Nothing comes for free and to get the best from this spray you will need to roll up your sleeves, fill the wash bucket and get your bike in showroom condition. Once you can see your face reflected in the rims, apply a generous coating of Muc-off Bike Spray over the whole thing.
The spray is basically a PTFE based variant on the old GT-85/WD-40 type of spray and works by dispersing water from the frame and any crevices. Once the water has been driven off, the spray dries to leave a corrosion inhibiting film over everything. In practice it leaves your frame looking shiny and fresh. Muc-Off claim that PTFE is so slippery that even a gecko can't stick to it, which may or may not be true (road.cc Towers being fresh out of test geckos) but does rather imply that once you've applied it, your bike will be clean and shiny forever while the Dirt Fairy splutters curses into her filthy beard. Sadly, you'll still have to get out the cleaning bucket once in a while, but regular applications of the spray should keep the Rust Fairy from sinking her rusty fangs into your frame in between washes.
It's not essential and I'm not entirely convinced that it's better than a good polish with regular car wax, but it's much easier to apply and works on all parts of your bike. It's certainly a good option if you have a fleet of bikes that you like to keep properly clean.
It's safe for carbon frames and I'm delighted to tell you that it is also California Air Regulatory Board compliant.
A little extra post-wash luxury for your bike.
If you're thinking of buying this product using a cashback deal why not use the road.cc Top Cashback page and get some top cashback while helping to support your favourite independent cycling website
road.cc test report
Make and model: Muc-Off Bike Spray
Size tested: 500ml
Did you enjoy using the product? It's quick and easy to use, so yes
Would you consider buying the product? Possibly, but one can should last a good while
Would you recommend the product to a friend? Yes, especially if they keep their bikes in showroom condition
About the tester
Age: 40 Height: 5\' 8 Weight: er....86kg
I usually ride: GT Rave - singlespeed conversion My best bike is: Guess SC1 scandium
I've been riding for: Over 20 years I ride: Most days I would class myself as: Experienced
I regularly do the following types of riding: time trialling, commuting, general fitness riding, fixed/singlespeed,


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Product photography and illustrations have been reproduced as accurately as print and web technologies permit. To ensure highest satisfaction, we suggest you view an actual sample from your dealer for best color, wood grain and finish representation.
Beautifully sculpted, and decidedly modern, our Round Foot takes furniture styling to the next level and beyond. Shown in Brushed Stainless Steel, and also available in Polished Stainless Steel.


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Did Your Doctor Do Internal Exams at Every Visit?
Did Your Doctor Do Internal Exams at Every Visit?
A friend and I are going through our pregnancies together this time. We are due just two weeks apart so it has been interesting to compare our feelings, cravings and discomforts along the way.
When talking about our recent trips to the doctor, she mentioned that her OB/GYN did a 30-second internal exam to check the position of her cervix and does at each check-up. In each of my pregnancies, my doctor has reserved the internal exam for just a few appointments. Some quick research showed me that internal exams were routine a generation ago, but most doctors now wait until the end to do them.
Did you have internal exams at each of your prenatal visits?


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At the bottom of our P500 page, you'll see a bunch of games, sorted alphabetically, that are tagged with "Out of Stock" and "P500 Reprint." These are games that we want to reprint and need to guage gamer support for reprinting that game.
We've been very fortunate over the years to sell out of many of our games - several of them multiple times. The flip side of that good fortune is that having games out of stock is sub-optimal, because generally lots of people still want the sold-out game that other players are enjoying and talking about, but we don't have it to deliver.
So we set aside a large segment of our strategic reserve funds every year to reprint key games. We use those funds in concert with P500 Reprint orders to amass the cash necessary to do updated editions of those games ($30-50K per game, generally, although for larger print runs, as with Twilight Struggle and Dominant Species, it's a LOT more).
Several of you have asked about how we decide on what to reprint. First off, it's important to know that we do not use solely a P500 approach to reprints. We also take into account which out of print games distributors are telling Tony they want to order most, and look at that demand in addition to what we see on our P500 reprint list. We also take a look at series games - ones we believe we need to have in print in order for other games in the series to do well. An example here is the Commands & Colors series, where it does really hurt the entire series if we have several games out of stock. So in a case like that, we might reprint a game in a series before another game that has greater order #s or general demand just to make sure players aren't unable to enjoy the whole series because of a missing game that the other games depend on. And we absolutely DO prioritize to keep the best-selling, most popular games in stock. So for example, Twilight Struggle, with now over 50,000 copies sold, far and away our best seller, ALWAYS gets priority on reprint funds whenever stock gets low. But whenever that happens, some other deserving games have to wait to get reprinted, because we used our reserve funds for Twilight Struggle.
So into all that mix we have the limiting factor, which is that we don't have unlimited funds to reprint everything we'd like to. But in recent years, we've been able to reprint more and more games, as strategic reserve funds have increased due to greater sales as more people find out about GMT and buy our games. So I'm not whining here about not having enough funds to reprint, rather just noting that we never have enough funds to reprint everything we want to, so we tend to have to plan well ahead, gang print several games together to cut costs, and spread out the reprints over time as funds allow.
If you'd like to help us get more of our popular games back in stock, there are several ways you can help:
1. Use the P500 Reprint Program to order copies of any games that interest you.
2. Tell your friends about the P500 Reprint Program
3. If you buy your games from a local hobby shop and they are out of stock on some of our better games, tell them and encourage them to let Tony Curtis (who runs our developer sales and relations area) that they'd like to Pre-order some games.
4. Support (with Thumbs and Comments) the monthly GMT P500 Reprint Geeklist on BGG. Although we do not run those Geeklists, we read them every month and use feedback there to help us determine what games you guys want most.
We appreciate all that you guys do to support GMT, and hope you find this information helpful. If you have any questions or suggestions, please feel free to contact me at [email protected]
Enjoy the games!
Updated January 2014


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Brian Billick had been an NFL head coach for all of one season when he learned that his star player, Ravens linebacker Ray Lewis, was arrested following a post 2000 Super Bowl altercation in Atlanta that left two men dead.
Lewis was initially charged with two counts of murder but when no concrete evidence emerged linking him to the deaths, the linebacker pled guilty to one count of obstruction of justice in exchange for his testimony against two men – Reginald Oakley and Joseph Sweeting – who were with him the night of the incident.
That case played out 13 years ago though it will undoubtedly get some attention in the days ahead following today's arrest of former New England Patriots tight end Aaron Hernandez.
Hernandez was hit with murder and several other charges in the shooting death of Odin Lloyd whose body was found last Monday in an industrial park less than a mile from Hernandez's home. He pleaded not guilty.
"It's difficult because let's go back to the Ray Lewis situation. It unfolded on us very rapidly," Billick said today in an interview with NFL Network after the Patriots released Hernandez. "Our support of Ray Lewis stemmed primarily from our faith in Ray Lewis as a person. We did not have access to all the facts because as you saw in the Ray Lewis situation, it took months and months for that to unfold - to find out that Ray Lewis really wasn't culpable in any of those events. We had to go on, kind of, a leap of faith."
Billick, who coached the Ravens for nine seasons and is now an analyst for Fox, said later on NFL Network that the hard part of the Lewis fallout was "there was no manual you can go to," as a guide to how to proceed with the situation.
There have been multiple reports that the Patriots were prepared to release Hernandez last week, but waited until after his arrest to make the move.
"A young man was murdered last week and we extend our sympathies to the family and friends who mourn his loss," the organization said in a statement released earlier today. "Words cannot express the disappointment we feel knowing that one of our players was arrested as a result of this investigation. We realize that law enforcement investigations into this matter are ongoing. We support their efforts and respect the process. At this time, we believe this transaction is simply the right thing to do."
Billick acknowledged that he was surprised with the Patriots' immediate release of Hernandez, which came less than two hours after the 23-year was taken out of his North Attleborough, Mass. home in handcuffs.
"Clearly, they are doing what they believe is in the best interest of the organization," said Billick before the charges against Hernandez were released. "I don't think anybody can question that. If nothing other than in the court of public opinion, this has got to be hugely damning … to Aaron Hernandez."
Despite an avalanche of outside criticism, the Ravens stuck by Lewis and then owner Art Modell was one of the player's staunchest defenders. Modell flew to Atlanta to testify as a character witness for Lewis.
When the Ravens made the Super Bowl the following season, largely because of the Lewis-led defense, Billick famously told reporters that "We are not going to retry this [case]. It's inappropriate. And you're not qualified."
He admitted today that the Ravens' stance with Lewis came with potential ramifications.
"The organization is a little bit at risk as that singular voice, you have to have a singular voice as an organization; our decision was that my voice as the head coach would be that voice. And yes, quite honestly, I have to believe there are any number of people, my reputation and the way people look at me took a bit of a hit in my supporting of Ray Lewis at the time," he said. "Now, going forward, subsequent events proved out favorable for Ray Lewis but there are still those that still believe the culpability of Ray Lewis in that situation. So the organization, certainly, is going to get drawn into it one way or another."


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Could drone surveillance be the answer to conservative's immigration uncertainties? Republican senators got together Monday to discuss their ideas on how to ensure tight security between the U.S.-Mexico border if in fact the immigration bill were to pass. Putting into action their notions to strengthen homeland security, Republican senators shared their ideas with a plan to get conservative's on board with their proposals. Reuters reports:
The proposal is aimed at a satisfying calls by Republicans for further steps to secure the U.S.-Mexico border as part of the legislation currently being debated in the U.S. Senate that would grant legal status to millions of undocumented immigrants already in the United States.
It could include provisions for deploying high-tech surveillance equipment and other specifics, according to congressional sources and people close to the talks.
Read more here.
Have Something to Say?
"Republican Senators Seek Border Compromise for Immigration Bill"


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Animal Species:Semaphore Crab
The Semaphore Crab is the most abundant crab found in mangroves and estuaries, and usually lives among the mangrove roots.
Standard Common Name
Semaphore Crab
The Semaphore Crab is easily identified by its mottled purple carapace and eyes on the end of long stalks. Juveniles have orange claws while the claws of adults are purple.
Size range
25 cm
The Semaphore Crab is found from Brisbane in Queensland, New South Wales to Port Philip Bay in Victoria, and eastern Tasmania.
The Semaphore Crab lives in intertidal mangroves.
Other behaviours and adaptations
The word 'semaphore' means a type of signalling apparatus with moving arms or flags, and refers to the males' habit of standing by their burrows and signalling to other crabs by waving their claws up and down. Exactly what they are signalling is unclear. Perhaps they are trying to grab the attention of females by showing off their large claws, or they may be warning other males to stay out of their territory.
- Species:
- cordiformis
- Genus:
- Heloecius
- Subfamily:
- Heloecinae
- Family:
- Ocypodidae
- Infraorder:
- Brachyura
- Suborder:
- Pleocyemata
- Order:
- Decapoda
- Superorder:
- Eucarida
- Class:
- Malacostraca
- Subphylum:
- Crustacea
- Phylum:
- Arthopoda
- Kingdom:
- Animalia
Last Updated:
Tags crabs, crustaceans, arthropods, invertebrates, wildlife of sydney, identification,


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News Posts
Tsunami Science Helps Assess, Reduce Risk
by AMNH on
Geologists use a range of methods—from detailed modeling of earthquakes and tsunamis to fieldwork—to evaluate risks posed by these natural phenomena.
Don't Miss Your Daily Dose of Science
by AMNH on
The Museum will be closed on Thursday, December 25 but you can still stay connected!
Field Journal: The Last Stop, on Vanua Lava Island
by AMNH on
With four weeks of fieldwork behind us, our team had become a fine-tuned machine.
New Research: Lightweight Skeletons of Modern Humans Evolved Recently
by AMNH on
Study shows that modern humans have less bone density than related species, possibly linked to transition from nomadic to agricultural lifestyle.
December 20—21: Spend a Night (or a Day) at the Museum
by AMNH on
The latest Night at the Museum movie Night at the Museum: Secret of the Tomb opens in theater opens this weekend.


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PRINCETON, N.J.—Princeton University officials say more than 90 percent of the eligible students and staff received a meningitis vaccine this week as part of the university's effort to halt an outbreak.
Nearly 5,300 people chose to get the vaccine for the B strain of the meningitis bacteria. The vaccine is approved for use in Europe, Australia and Canada but is not yet approved for general use in the United States.
The U.S. Centers for Disease Control and Prevention recommended the unusual step and the Food and Drug Administration approved it.
The shots were available for all undergraduates along with some graduate students and employees Monday through Thursday.
Those who received the vaccine are recommended to get booster doses in February.


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Airplane Design
NACAWIN v.5 2
NACAWIN is an easy-to-use shareware program that you can download here free. It can print any NACA 4 or 5-digit airfoil to any scale with excellent precision on an ordinary laser, ink jet, or dot matrix printer.
Model Airplane Color Design v.2.3
Model Airplane Color Design is a PC program that helps design paint schemes for model aircraft.
Logo Design Studio v.4.5.2
Get your business noticed with Logo Design Studio. Build a new look from scratch, or change 1500+ pre-designed logo templates to create thousands of new looks by adjusting the colors, fonts, shapes and effects. You can even sell your logos to others.
Double Pipe Heat Exchanger Design (DHex)
DHex is a software tool that is made to demonstrate the chemical design calculations of Double Pipe (hairpin) Heat Exchangers.The software will do all the thermal calculations involved in the design and will generate a summary of all results.List of some
Video Game Design Pro
Video Game Design Pro 2006 is the only software of its kind that helps game developers create their design, technical, and treatment documents for games. Those who can't program, or render, can develop games with this software by focusing on design.
Design Icon Set v.2012.1
Design Icon Set is a collection of wonderfully-crafted stock icons for use in commercial and personal products, including software applications, websites and other graphics. The icons have a bright color palette, smooth and well-rounded edges.
Color Picker for Logo Design
Software for logo designers. Easily pick needed color from the screen. Useful when you design logos. Select needed color from the logo design color combination. Pick colors from existing logos.
Scrapbook Design Studio
Belltech Scrapbook Design Studio helps you design and print or email lovely scrapbook pages for any occasions with your photos, smiles, love-signs and more. Add your photos, text, smiles, art work to create excellent and inspiring scrapbook pages easily.
Phoenix Interior Design
Janice Interior Solutions http://www.janiceinteriorsolutions.com specializes in bringing Interior Design solutions to the community of design. Our New Design toolbar has been designed and released to help you in design research. We offer both software
Blog design
Custom Designed Blogs Tailored to Your Needs! Why Settle for Free Blog Software When You Can Have a State-of-the-Art, Easy to Use , Custom Designed Blog Just For You.You'll Love The Blog We Design For You or It's Free! Our Blog Experts Will Design &
Paving Design Expert v.2.2
Paving Design Expert has been built for significantly reduce the time of the development of design paving sidewalk tile and gives to the pavers the possibility to compose several alternative designs and selection of them of the best.


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By continuing to browse this website, you accept the use of cookies, which are aimed at improving this site's performance by adapting content and services to your interests.Close
An orgasmic, hypoallergenic gel, dedicated exclusively to female pleasure.
Gentle and natural, the YESforLOV excitement gel for women acts exquisitely at the source of arousal by stimulating the sensitive, sensory nerves of the clitoris and intimate areas. So you can slowly take her to unexplored regions of pleasure.
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Online Study Skills Training
Effective textbook reading is a key study skill for student success. Nearly every class makes you read them.
"Makes" is the right word here. "Requires," "forces," or "insists" will also work. Few people read textbooks unless they have to. If you read textbooks for fun, shoot me an email. I need to interview you, because I don't think you exist.
Reading textbooks is weird . That's right – weird. Granted, we all have to read them. But even you bookworms – the kinds of people who devour the Twilight books in one week, or Harry Potter, or the Hunger Games books – know that textbooks are a bit weird.Reading textbooks is weird
Think about it. Textbooks are the only books you read today that have pictures on nearly every page (Dr. Seuss fans excluded). In fact, should you be forced to read a textbook without pictures, you are in real trouble. Those books get seriously tough. Nevertheless, understanding how to read a textbook is vital.inform and educate.
The goal of the Harry Potter books is very different. Novels tell stories. Textbooks communicate ideas through explanations of information. Because of this, you need a different strategy for reading textbooks. Follow these four easy steps to get on your way.
Reading a textbook chapter front to back ensures that you will waste time.
I know it's counter-intuitive to not read a book front to back, but don't do it. Mystery novels stink when you read the back first, as do good thriller movies. If you read the last page of a Sherlock Holmes novel before you read the story, it'll be lame. If you know Bruce Willis is dead, don't watch the 6th Sense.
But textbooks are rarely building to a suspenseful twist at the end. I promise. I've read a lot. They don't come with surprise endings. "And then, Abraham Lincoln dodged the bullet!" Yep, that's never going to be in a textbook.But textbooks are rarely building to a suspenseful twist at the end. I promise.
Want to try this strategy? Try reading your textbook chapter in this order:
Go to the questions at the end first . Read them, answer them to the best of your ability, and then begin your actual reading strategies. This will sort of "prime the engine" of retention.Go to the questions at the end first
Next, read the final summary of the chapter. This will give you a general background as to the Big Ideas in the chapter.Next, read the final summary of the chapter.
Third, look at the headings and subdivision of the chapter.
Fourth, read the chapter introduction.
From that point you can then work through the chapter from front to back. By taking this out-of-order strategy, you are focusing not on the chronological order, but rather connecting the ideas found in the chapter together. This is infinitely more important than reading things in the order they were written.


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Try Microsoft Edge
A fast and secure browser that's designed for Windows 10
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(Online Interactions Not Rated by the ESRB) Power-up your deck with this 24 card pack for Yu-Gi-Oh! Millennium Duels. (Not compatible with Yu-Gi-Oh! Decade Duels Plus.)
Click to create and send a link using your email application


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Beaumont/Port Arthur
Public Relations practitioners representing two nonprofit veterans organizations will be featured in the second of the three-session Fourth Annual Spring Public Relations Professionals Series on Tuesday, April 2 at 5:30 p.m.
While we harbor no disrespect for the Wall Street Journal who called us "that scrappy little paper from Southeast Texas," we prefer to think of ourselves as simple seekers of the truth. We're of the opinion that headlines and sound bites never tell the whole story. Our readers demand all the facts, facets and flavors of every story or event. And, they expect to be informed, educated and stirred to action.
For this week's New York Times crossword puzzle, pick up a copy of this week's The Examiner on newsstands now.


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The Color Challenge on the blog really inspired me. What a fun color. Thanks Mel!
Maplebrook Studios
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Baltimore, Md. – Mark R. Katlic, M.D., chief of Surgery at Sinai Hospital of Baltimore, has been selected to receive a 2013 Innovator of the Year award from The Daily Record. He was recognized for his pioneering work as the director of the groundbreaking Sinai Center for Geriatric Surgery.
The center, which opened in 2012, is the first of its kind in the United States to be dedicated exclusively to provide a new level of specialized surgical and pre- and postoperative care for elderly patients and to improve their treatment through research and education.
"Every day between eight to 10,000 baby boomers turn 65, and soon they will be the greatest force affecting health care in the United States. I am passionate about making sure that the quality and length of life for older patients are the best that they can be," said Katlic. "I am also dedicated to educating other medical professionals about the unique challenges that geriatric surgery entails."
Some of the challenges facing this group are inevitable because conditions that often require surgery – cancer, atherosclerosis, degenerative joint disease, cataracts, prostate disease and gallstones – increase in incidence as people get older. Because of Katlic's initiatives, hospitals around the country are developing centers similar to the Sinai Center for Geriatric Surgery.
Sinai Hospital of Baltimore is part of LifeBridge Health, one of the largest, most comprehensive providers of health services in northwest Baltimore. LifeBridge Health also includes Northwest Hospital, Levindale Hebrew Geriatric Center and Hospital, Courtland Gardens Nursing & Rehabilitation Center, and related subsidiaries and affiliates. For more information, visit www.lifebridgehealth.org.
The Daily Record's Innovator of the Year awards recognize Marylanders for creating new products, new programs, new services and new processes that have helped their companies, industries or communities.
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The agriculture complex offers unique opportunities for traders in the summer that often are not seen in other markets. There is a lot of information for the market to digest as it focuses on both the crop left over from the previous year and the developing new crop in the ground.
Changes in the information flow from either end can cause sharp price moves. Here is a roadmap of some of the possibilities — and pitfalls — for summer grain trading using fundamental analysis.
Perhaps most important is knowing the operative marketing year of what you are trading. The U.S. Department of Agriculture (USDA) starts the corn and soybean year on Sept. 1 and ends it on Aug. 31. The wheat marketing year runs from June 1 to May 30.
As of early summer 2013, the trade is in the last quarter of the 2012 crop. Traders are monitoring changes to current levels of domestic usage and exports to help determine the Aug. 31 level of "ending stocks."
Normally with only one quarter left of the old crop marketing year, the trade's focus would be on new-crop production expectations. In this year particularly, with tight supplies from a drought experienced during the previous season, the trade is monitoring old-crop demand closely.
The single biggest mover of grain prices is the annual change in supply — and ongoing fluctuation in that supply as time goes by. What makes summer grain trading so exciting and potentially profitable is that the bulk of that question will be decided in the short time period when weather really matters. The phases of grain development can be broken up into three parts: Planting/early vegetation, reproduction and fill/finish.
For corn, more than 50% of yield is determined in the small window of time in July called pollination. Cool temperatures and adequate moisture during this time are beneficial. Hot temperatures and little rainfall are a detriment. As can be seen in "July through time" (below), temperatures during this critical period can vary significantly from year to year.
For soybeans, the key yield development phase is in August. Trading during this period is both challenging and volatile. Not only does this small window of time determine a large portion of the fall harvest, but meteorologists are quick to point out they have a tough time pinning down a forecast during the summer.
The newest frontier for grain market research is tackling yield estimation from a statistical basis. Modern yield modeling research, based on the application of proven statistical techniques, provides a clearer and more valid basis for estimating production and price changes during the emotional summer price swings. For grain trading pros, this represents the largest opportunity for solid data mining. For the typical trader, understand that statistically averaging weather between April and September will return trend yields for corn and soybeans. Deviations from average weather, at various phases of development, will give either above or below trend yields. The challenge is measuring the deviation and forecasting the effect.


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Are your plants in need of a good watering? Keeping your flowers and lawn well-watered is the key to a healthy and flourishing garden. With so many watering and irrigation options out there it can be hard to choose which is best. Or maybe you need a tool to supply or collect water for cleaning your car or filling your paddling pool? From watering cans to hoses, sprayers to sprinklers, we're here to help you find your ideal watering tool.
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Behold the combined might of mammaries and rich, creamy vanilla!
Japanese media powerhouse Marvelous AQL was expecting a net loss of 185 million yen (over $2.4 million) for the first six months of its fiscal year. However, it looks like the company actually experienced a net gain of 192 million yen (over $2.5 million). The $5 million difference is thanks primarily to strong sales booby ninja schoolgirl game Senran Kagura on 3DS and hand-drawn Vanillaware RPG Grand Knights History on PSP. As a result, Marvelous has revised its full-year forecast -- instead of a net income of 180 million yen (over $2.3 million), it expects a whopping 3.14 billion yen (over $41.4 million)!
I love it when promising-looking games are rewarded with strong sales, don't you? It's the kind of performance that leads to localization announcements, wouldn't you say? We already know that Grand Knights History will arrive this winter on our shores, so I just hope this news is the push Senran Kagura needs to make the trek across the Pacific.
Marvelous Raises Earnings Expectations Due to Senran Kagura and Vanillaware [Andriasang]
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The East Hampton Town Zoning Board of Appeals held its final work session before the Christmas break on Dec. 11, and, making like Santa Claus, filled several applicants' stockings with variances, but left a lump of coal for one man, Ron Baron.
In 2007, Mr. Baron, whose net worth is listed by Forbes magazine at $1.5 billion, purchased 40 acres of oceanfront land off Further Lane from Adelaide de Menil and Ted Carpenter, paying $103 million, said at the time to be a record price for an American property. The parcel covers three addresses, 260 and 278 Further Lane, both within the town's jurisdiction, and 244 Further Lane, which is in the Village of East Hampton.
In 2008, Mr. Baron built a double wall — parallel walls about four feet apart — that separates the properties from the dunes and ocean. Everything about the wall has been in dispute ever since.
The main question for the Z.B.A. to determine was whether the wall was built on sensitive dunelands. If yes, then a natural resources permit should have been obtained first. If it was not, the board would then have to decide whether to grant it after the fact.
This past April, the town's head building inspector, Tom Preiato, determined that the wall had been built in an area of duneland and beach vegetation, in violation of the town code.
Mr. Baron appealed that determination. At a Nov. 20 public hearing, his attorney, Brian Matthews, told the zoning board that Don Sharkey, who was chief building inspector at the time the wall was built, had assured the surveyor, David Weaver, that it did not need a building permit, as the walls were to be only four feet high. The assurance was verbal, not written, the board was told. Mr. Sharkey, who later denied saying it, died in July 2009.
A memo from Larry Penny to Mr. Baron in May 2007, cautioning the new landowner about the sensitive nature of his property, played a prominent role in the Z.B.A.'s discussion. Mr. Penny was the director of the town's Natural Resources Department at the time.
"I believe that this letter did put the owner on notice that the land did contain" dunes and beach vegetation, said the board chairman, Alex Walter. "They knew that the property they were purchasing had these kind of characters and that it was something they had to be careful about."
Don Cirillo, a strong advocate of landowners' rights, argued that the wall was not built on duneland, and that even if it was, the board should grant the needed permit. "I don't think you should place a hard-and-fast determination over a homeowner," he said. "Natural resource permits are not meant to be punitive."
The other board members did not see it that way.
"He got a letter from Larry Penny," Sharon McCobb said. Such a letter should have sent up red flags for Mr. Baron, she said.
Lee White argued that judging from aerial photographs, it was clear the walls had been built over dunes.
"The height of the walls should have automatically triggered the need for a building permit," said Bryan Gosman.
In the end, the board voted 4-1 to affirm Mr. Preiato's April determination that the walls were built in violation of town code, and 4-1 to deny Mr. Baron's request for an after-the-fact permit. Mr. Cirillo was the lone dissenter.
The decision may have ramifications for Mr. Baron beyond the walls in question. In September, the town planning board issued a preliminary approval of a plan to merge the two parcels of land at 260 and 278 Further Lane and divide the resulting property into six lots, two of which would be set aside for potential farmland and a third, containing dunes, that would remain undeveloped. The other three, of about three acres each, would have broad ocean views. Under the terms of the subdivision agreement, Mr. Baron could build up to six residences across those three properties, the most likely scenario being a main house with a guest house on each.
Reed Jones, the chairman of the planning board, visited the site during the hearing process. "The views are amazing," he said on Tuesday.
Each property could sell for $30 million or more, said J.R. Kuneth, a real estate salesman with Devlin McNiff Halstead Property.
But now comes the lump of coal: Mr. Baron may be unable to gain final planning board approval for the subdivision while the walls at 278 Further Lane are in violation of the town code. That board's preliminary okay concludes by mandating that all conditions listed in the agreement must be met within six months or the entire plan will be considered null and void. The conditions include a section titled "Compliance with Town Code or other Requirements of Law."
East Hampton Town attorneys did not respond to repeated requests for comment, nor did Mr. Baron's law firm, Eagan and Matthews of East Hampton.
The zoning board did give out some goodies, in the form of variances, to several applicants. None of the applications had engendered opposition during their hearings.
One of them was for a two-foot variance from the s pyramid law, which restricts the allowable height of a structure in relation to its neighboring properties. Pantelis Karoussos, the owner of a 7,500-square-foot property on Miller Lane East in East Hampton, had renovated his residence.
"They decided to renovate their house to accommodate their growing family," his attorney, Carl Irace, told the board. "The dining room was an alcove. They cut the alcove from the house."
Mr. Karoussos then moved the old alcove, setting it up as a freestanding shed, without realizing that he'd moved it a foot and a half closer to his neighbor's property than town code allows, and that it was two feet taller than the code dictates.
Mr. Irace emphasized the "reuse, recycle" aspect of the project, a point of view with which the entire board agreed. Both the requested variances were approved, allowing the alcove-turned-shed to stay where it is.
End Note: Ms. McCobb's term on the zoning board expires at the end of the year, and she will have to be reappointed by the town board if she is to continue. She has frequently acted as a voice of calm during some of the current term's stormier sessions.


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December 16, 2014
On Dec. 9, Supervisor John Avalos introduced a resolution to the Board of Supervisors to address racial profiling and the use of force by police officers, nationally and locally, as well as to uphold the right to nonviolent protest. Supervisors David Campos, Jane Kim, Malia Cohen and Eric Mar signed as cosponsors. A final vote on the resolution will be held on Tuesday, Dec. 16, and a large showing of support is vital to its passage.


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|March 17, 2009, 09:22 PM
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This is an excellent bit of various words of wisdom...
The 2ND AMENDMENT
The purpose of fighting is to win. There is no possible victory in defense. (waiting for attack)
The sword is more important than the shield, and skill is more important than either. The final weapon is the brain. All else is supplemental.
1. Don't pick a fight with an old man. If he is too old to fight, he'll just kill you.
2 If you find yourself in a fair fight, your tactics suck.
3 I carry a gun cause a cop is too heavy.
4 When seconds count, the cops are just minutes away.
5 A reporter did a human-interest piece on the Texas Rangers. The reporter recognized the Colt Model 1911 the Ranger was carrying and asked him 'Why do you carry a 45?' The Ranger responded, 'Because they don't make a 46.'
6. The old sheriff was attending an awards dinner when a lady commented on his wearing his sidearm. 'Sheriff, I see you have your pistol. Are you expecting trouble?' 'No Ma'am. If I were expecting trouble, I would have brought my shotgun.'
7. Beware the man who only has one gun. HE PROBABLY KNOWS HOW TO USE IT!!!
But wait, there's more!
I was once asked by a lady visiting if I had a gun in the house. I said I did. She said 'Well I certainly hope it isn't loaded!' To which I said, of course it is loaded, can't work without bullets!' She then asked, 'Are you that afraid of someone evil coming into your house?' My reply was, 'No not at all. I am not afraid of the house catching fire either, but I have fire extinguishers around, and they are all loaded too.' To which I'll add , having a gun in the house that isn't loaded is like having a car in the garage without gas in the tank.
And Remember:
I'm a firm believer of the 2nd Amendment!
If you are too, please make replies.
|March 18, 2009, 12:57 AM
Join Date: June 29, 2000
Location: Rupert, Idaho
Posts: 9,618
And the post above has what to do with Law or civil right, exactly?
Off topic and closed.
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March 11. 2013 9:40AM
Nashua man accused of identity fraud
NASHUA - Police arrested a city man and charged him with stealing the identity of a man he knows and opening three credit card accounts in that man's name.
Darren Frost, 20, of 10 Arrow Lane, was arrested Friday on a warrant charging him with identify fraud. He was later charged with two additional counts, all class A felonies.
Police said a Nashua resident on Sept. 21 reported someone took his personal information and had three credit cards issued in his name. Frost, who knew the man, was identified as a suspect, police said.
What's next: Frost is free on $10,000 personal recognizance bail pending a March 25 arraignment in 9th Circuit Court, Nashua District Division.


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Desmond has gone to dance his pants off! Normally he is more at home eating doughnuts and listening to his favourite Ska music…but today he is going to let his hair down, put on his funky dancing shorts and bop his bottom off to the cool beats down at the local night club…the purple pit
This is a nutty piece of silly, funny, light hearted music. Ideally suited for cartoons, animation and children's programmes but equally useful for other projects that require quirky, circus, carnival funfair, comedy themes…It has a cheerful, playful nature that tells a story in a sunny, funny way.


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Liberal Studies
Liberal Studies - the "triple-minor major" degree program!
Whether you do a Bachelor of Science in Liberal Studies or a Bachelor of Arts in Liberal Studies, our students do three minors, instead of a traditional major and minor. We have students doing minors in, e.g. Business Foundations, English, and Spanish; Biology, Philosophy, and Art History; Supply Chain Logistics, Economics, and Global and International Studies; Studio Arts, Art History, and Anthropology; Classical Studies, Law, Values and Policy, and National Security Studies; Bio-Chemistry, Energy and Sustainability, and History ... well, you get the idea! There are over 40,000 possible combinations of minors! One of them is probably just right for you! Learn more about Liberal StudiesGet in touch.
- Nearly all employers surveyed (95 percent) say they give hiring preference to college graduates with skills that will enable them to contribute to innovation in the workplace
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- More than 9 in 10 of those surveyed say it is important that those they hire demonstrate ethical judgment and integrity; intercultural skills; and the capacity for continued new learning
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CINCINNATI (AP) — Cincinnati Bengals cornerback Adam "Pacman" Jones has been accused of making offensive comments while drunk and has been given a disorderly conduct citation.
Ohio State Patrol Lt. Anne Ralston says Jones was arrested just after 2:30 a.m. Monday after the vehicle he was in was pulled over for speeding.
The driver was cited for drunken driving while Jones was cited for disorderly conduct. Both charges are misdemeanors.
Jones and the driver were released and have court hearings set for Friday.
Jones' agent and his attorney haven't returned phone calls seeking comment.
Jones has had a spate of legal troubles and most recently was arrested on an assault charge in June after being accused of hitting a woman at a nightclub. He has pleaded not guilty.