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Les Kincaid's
Cream cheese is your best choice because it has lower water content than Neufchatel (60%), cottage cheese (78%), or ricotta (72%). This fact combined with its higher butterfat content produces a creamier texture.
For best results when using chocolate, use high quality chocolate. Semisweet chocolate is made of pure chocolate, cocoa butter and sugar. Milk chocolate is made of pure chocolate, cocoa butter, sugar and milk solids. It is the most popular eating chocolate, and gives cheesecakes a light chocolate flavor. German chocolate is a sweet cooking chocolate made of pure chocolate, cocoa butter and sugar and is sweeter than semisweet. White chocolate is known as confectioners' coating, and is a chocolate-like product that has cocoa butter, but no cocoa solids.
To prevent cracks, avoid over beating when adding eggs to your cheesecake.
Thickeners - I use cornstarch or flour. I like cornstarch better because it gives the cheesecake a finer texture.
If you want a cheesecake with a creamy consistency, have all ingredients at room temperature before starting.
To bring cream cheese to room temperature quickly, warm in a 200 F oven for 10 minutes, or remove from foil wrapper and nuke it on 50% power for 2-3 minutes.
To make crusts crisper, chill them, uncovered in refrigerator. While preparing filling you can bring eggs to room temperature by submerging them in warm water for 5-10 minutes.
Some cheesecakes leak during baking. Avoid the mess by placing Springform pan on a non-shiny baking sheet while baking.
Cheesecake is done when center looks firm. If the surface has a wet or shiny look in the center, leave it in the oven a little longer.
Remove cake from oven and run a knife around the inside edge of pan to prevent the cake from cracking while it firms up. Then turn off the oven and return the cake to the oven for additional 30-minutes to 2 hours or until center is firm.
Cool cheesecake to room temperature and then refrigerator overnight, uncovered, before adding any toppings or garnishes. Storing it uncovered prevents moisture from forming on the surface.
Cheesecakes often crack. Reduce the chances by not over beating the batter when adding the eggs; not beating too long at high speed.
Do not bake cheesecake at too high temperatures. Check temp with an oven thermometer.
Over baking causes "Grand Canyon" cracks.
Don't despair…should your cake develop cracks.
First, be sure to run a knife around the edge of the cake to separate cheesecake from the pan, so when cake is cooling, it won't develop cracks.
Should your cake have cracks, after it cools smooth away cracks and flaws with a hot, wet, sharp knife. Simply dip the knife in hot water and make the repairs.
When repairing cracks in chocolate cheesecakes, use a hot, DRY knife, because water will discolor the chocolate. Dip knife in water, quickly dry it off and repair!
Plan ahead…makes the cheesecake a day in advance to allow the flavors to ripen/blend/mellow.
The richer the cheesecake, the better it freezes.
If I'm going to freeze the cheesecake, I do not put the topping on it.
When the cake is cooled, I put it on a cookie sheet, uncovered and put into freezer; leave there approximately 4-6 hours until firm; then take it out and wrap it in foil, or put in large freezer bag and return to the freezer; this will keep for several months.
When I want to serve the cake, I remove from freezer, thaw uncovered in refrigerator overnight, or at room temp for 2-3 hours. I put any toppings on it, just before serving.
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So..the past few days have been quite an ordeal in the Andrews family. Friday evening around 5ish while sitting to coffee with my wonderful girlfriend, who is also the closest and dearest friend and companion I have, got a phone call from my mom, who told me my Uncle Gary had just passed away. The weekend kinda blurred into the beginning of this week, from driving with my cousins to the funeral, and from the funeral to driving with my parents back home. Something of that funeral, which was more than sufficient to do Uncle Gary justice and reflect on his goodness, really stuck with me though. (Thank you Tim) The Pastor called my Uncle a "servant of Christ, disguised as a Donut Man". This is a perfect description of Gary and perhaps one of the most profound things I've ever heard.
I wonder, if someone watched me do my job, would they see a servant of Christ who happens to push carts? If you met someone while you were at work, doing the tedious daily things you do to try and earn whatever living you can, would their interaction with you show someone who's just making a living, or would it leave the impression of something much, much more. I always want more from life than what I have. I don't know if this a character defect in me, or if it's a defect or just a characteristic of the whole human race. I want to do more, be more, see more, dive deeper into relationships with people, dive deeper into my relationship with God. I am never ever satisfied to stand still and be static in the things I say and do, or the people I interact with. I want to be alive.
This is going in a slightly different direction than I thought it would, but I think that's alright. I'm saying what's on my mind. I want people to look at me and see someone who is alive, who is bursting with the kind of vitality and unbridled joy that only Christ can give. I want people to think of me as a "servant of Chist disguised as a cart pusher". That's what I do for now, to earn my rent money and food money and every penny I have at the moment, but I would want this no matter what I did. What do you do? What's your job, what do you do to make a living? Are you really living, or are you just making money?
May the goodness of Jesus be clear to you always, and may you be known as a servant of Christ in disguise.

subset: commoncrawl


text:
Tychicus, the dear brother and faithful servant in the Lord, will tell you everything, so that you also may know how I am and what I am doing. I am sending him to you for this very purpose, that you may know how we are, and that he may encourage you.
Peace to the brothers and sisters, and love with faith from God the Father and the Lord Jesus Christ. Grace to all who love our Lord Jesus Christ with an undying love.
I am constantly amazed at God's grace … and in this case, Paul's confidence in God.
Paul was imprisoned several times.
Most of us might consider that imprisonment to be an obstacle to spreading God's word. Just think of how much more Paul might have done if he had been able to travel freely throughout the world.
Think of what he could have done if there had been churches who raised unlimited funds for him so he could travel to the far reaches of the earth and spread the Good News of Jesus Christ.
What if he could have opened a seminary and trained others to teach and lead, rather than just the few who traveled with him? Or, what if he had been given the liberty to start a mega-church … filling vast expanses of space with the faithful, ready to hear the words he spoke each week … inspiring them to be better people.
Paul was brilliant, he was motivated, he was passionate.
God used Paul while he was in prison, while he traveled to little known regions of a small area of the world, while he stayed with friends and spoke in homes to people who desperately wanted to know God.
There was never an obstacle because the spread of the message wasn't about Paul. He never allowed it to be about him. He was nothing.
Paul's focus was always on God the Father and the Lord Jesus Christ. If he asked for anything, it was to be fearless, to be strong enough to deliver the message God had given to him.
It wasn't Paul's message, it was God's word and no matter where Paul was, he would deliver it to the people.


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No. 99-782
In the Supreme Court of the United States
Solicitor General
Counsel of Record
Acting Assistant Attorney
Department of Justice
Washington, D.C. 20530-0001
(202) 514-2217
Whether the Records Disposal Act, 44 U.S.C. 3301-3324 (1994 & Supp. III 1997), authorized the Archivist of the United States to issue General Records Schedule 20, which allows agencies to delete unneeded electronic records stored on "live" (i.e., actively used) electronic mail or word processing systems after those records have been copied and preserved in an electronic, paper, or microform recordkeeping system.
In the Supreme Court of the United States
The opinion of the court of appeals (Pet. App. 1a-20a) is reported at 184 F.3d 900. The opinion of the district court (Pet. App. 21a-53a) is reported at 2 F. Supp. 2d 1.
The judgment of the court of appeals was entered on August 6, 1999. The petition for a writ of certiorari was filed on November 4, 1999. This Court's jurisdiction is invoked under 28 U.S.C. 1254(1).
This case concerns the validity of a "general records schedule," GRS 20, issued by the Archivist of the United States. GRS 20 permits federal agencies, among other things, to delete unneeded electronic versions of records from "live" word-processing and other actively used electronic systems once the records have been preserved-on paper, in electronic format, or on microform-in the agency's recordkeeping system.
1. A series of statutes, cumulatively known as the Federal Records Act (FRA), governs the creation, preservation, and disposition of federal records by federal agencies. 44 U.S.C. 2101-2118, 2901-2909, 3101-3107, 3301-3324 (1994 & Supp. III 1997).1_ The FRA's general purpose is "to require the establishment of standards and procedures to assure efficient and effective records management." 44 U.S.C. 2902.2_ To that end, the FRA requires that agencies "make and preserve records containing adequate and proper documentation of the organization, functions, policies, decisions, procedures, and essential transactions of the agency and designed to furnish the information necessary to protect the legal and financial rights of the Government and of persons directly affected by the agency's activities." 44 U.S.C. 3101. In addition, each agency must "establish and maintain an active, continuing program for the economical and efficient management of the records of the agency." 44 U.S.C. 3102.
The FRA charges the Archivist with establishing "standards for the selective retention of records of continuing value," and with "assist[ing] Federal agencies in applying the standards to records in their custody." 44 U.S.C. 2905(a).3_ The Records Disposal Act, in turn, prohibits agencies from disposing of records without the Archivist's approval. 44 U.S.C. 3303a(a) (1994 & Supp. III 1997). Agency heads must submit to the Archivist: (1) lists of any agency records "that have been photographed or microphotographed" and that, as a consequence, "do not appear to have sufficient value to warrant their further preservation"; and (2) lists of other records that are not needed in the transaction of current business "and that do not appear to have sufficient administrative, legal, research, or other value to warrant their further preservation by the Government." 44 U.S.C. 3303(1) and (2). See also 44 U.S.C. 3303a (1994 & Supp. III 1997). The statute also permits agency heads to submit to the Archivist, for approval, "schedules proposing the disposal after the lapse of specified periods of time of records of a specified form or character that either have accumulated in the custody of the agency or may accumulate after the submission of the schedules," where those records "apparently will not after the lapse of the period specified have sufficient administrative, legal, research, or other value to warrant their further preservation by the Government." 44 U.S.C. 3303(3).
Section 3303a(d) of Title 44 also authorizes the Archivist to issue "general records schedules" to govern the disposition of "records of a specified form or character common to several or all agencies." The Archivist may issue general records schedules "authorizing the disposal" of such records "after the lapse of specified periods of time," where the records "will not, at the end of the periods specified, have sufficient administrative, legal, research, or other value to warrant their further preservation by the United States Government." 44 U.S.C. 3303a(d). Pursuant to that authority, the Archivist has promulgated 23 general records schedules covering a wide array of records common to all or most agencies. See generally 36 C.F.R. 1228.44.
2. The Archivist first issued a general records schedule covering electronic records created by mainframe computers in 1972. See 60 Fed. Reg. 44,643, 44,644 (1995). In 1994, the Archivist issued a request for public comment on proposed revisions to GRS 20, which governs the disposition of a wide variety of electronic records on stand-alone and networked computers, 59 Fed. Reg. 13,906 (1994), and on proposed revisions to recordkeeping requirements for electronic mail, 59 Fed. Reg. 52,313 (1994). Following review of the comments, the Archivist determined that federal agencies do not have the capacity to preserve electronic information indefinitely on the "live" office computer systems and applications used on a day-to-day basis by agency personnel. Instead, agencies must delete records "to avoid system overload and to ensure effective records management." 60 Fed. Reg. at 44,644. The Archivist also found that requiring agencies to continue preserving information on "live" word processing systems would be of little benefit to agency personnel or researchers, because those systems consist of disparate electronic files maintained by individuals, rather than centrally controlled and organized recordkeeping systems. Id. at 44,646.
Consistent with those conclusions, the Archivist amended GRS 20 to permit the disposal of certain electronic records in 15 enumerated categories-including electronic records created by computer operators, programmers, analysts, and systems administrators, as well as government staff using office automation applications-from "live" desktop computer applications, but only after two conditions are met. First, the electronic records to be deleted may not be disposed of until after they have ceased to be useful to the agency. Second, they may not be disposed of until after they have been copied (in an electronic format or on paper or microform) to the agency's official recordkeeping system. Pet. App. 69a-71a.
For example, Item 13 of GRS 20 governs electronic copies of word processing records on "live" word processing applications. Item 13 permits electronic copies of word processing files to be deleted from the word processing system "after they have been copied to an electronic recordkeeping system, paper, or microform for recordkeeping purposes," if they are "no longer needed for updating or revision." 60 Fed. Reg. at 44,649. Item 14 of GRS 20 covers copies of electronic mail messages that qualify as records. It permits deletion of "[s]enders' and recipients' versions of" such electronic mail messages from a live e-mail system only "after they have been copied to an electronic recordkeeping system, paper or microform for recordkeeping purposes." Ibid. Item 14 goes on to state that "[a]long with the message text, the recordkeeping system must capture the names of sender and recipients and date (transmission data for recordkeeping purposes) and any receipt data when required." Ibid.
3. Petitioners are several not-for-profit library and historical associations as well as two private individuals. They brought this action against the Archivist and three other Executive Branch entities, alleging that GRS 20 exceeds the scope of the Archivist's statutory authority and is arbitrary and capricious.4_
The district court granted summary judgment for petitioners, holding that the Archivist exceeded the scope of his statutory authority in promulgating GRS 20. Pet. App. 36a.5_ First, the district court held that GRS 20 exceeds the Archivist's authority under 44 U.S.C. 3303a(d) because it authorizes the disposition of so-called "program" records reflecting substantive agency decisions and activities. According to the district court, Section 3303a(d) empowers the Archivist to issue general records schedules only for "routine housekeeping records." Pet. App. 38a-40a.
Second, the district court held that the Archivist failed to determine whether the records that GRS 20 schedules for disposal will have "sufficient administrative, legal, research or other value to warrant continued preservation" at the time disposal is authorized. Pet. App. 47a. The court reasoned that, although paper copies may adequately preserve the value of an electronic record in some instances, the Archivist could not determine that paper copies would preserve the value of electronic records in all cases. Id. at 48a. Third, the district court held that, by allowing disposal of records "when no longer needed" (after copies are placed in the recordkeeping system), GRS 20 fails to provide for disposal of records after "specified periods of time" within the meaning of 44 U.S.C. 3303a(d). Pet. App. 49a-51a.
4.The court of appeals reversed. Pet. App. 1a-20a. Applying the two-step analysis of Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984), the court first rejected petitioners' contention that 44 U.S.C. 3303a(d) limits the Archivist to issuing general records schedules for so-called "housekeeping" records. Pet. App. 5a-11a. The court of appeals observed that the statutory language does not distinguish between "housekeeping" and "program" records; instead, it gives the Archivist authority to schedule for disposal all "records of a specified form or character." Id. at 5a. The statute's plain text, the court concluded, thus "seems to reject rather than to compel the proffered distinction between program and housekeeping records." Id. at 6a. The court also rejected petitioners' contention that the legislative history of the statute requires a different result, declining to accept the "invitation to use legislative history to supplant rather than to interpret the statute." Id. at 8a.
Proceeding to Chevron step two, the court of appeals rejected petitioners' contention that GRS 20 is irrational because it authorizes the destruction of all records on a given medium, without regard to each record's value or content. That argument, the court of appeals explained, "is based upon a misunderstanding of GRS 20 and the Archivist's rationale for adopting it." Pet. App. 9a. The court observed:
GRS 20 does not authorize disposal of electronic records per se; rather, such records may be discarded only after they have been copied into an agency recordkeeping system. Therefore, GRS 20 seems to us to embody a reasoned approach to accomplishing the potentially conflicting goals of the Congress: "[j]udicious preservation and disposal of records." [44 U.S.C.] § 2902(5).
Pet. App. 9a (footnote omitted).
The court of appeals also rejected petitioners' contention that GRS 20 fails to specify properly the "periods of time" after which records may be disposed of. "[W]e do not see," the court said, "how the phrase 'specified periods of time'" in Section 3303a(d) "can be said unambiguously to require the Archivist to select a period in terms of months or years." Pet. App. 11a. Instead, the court of appeals explained, it was permissible to read the phrase as permitting the Archivist to specify time periods based on triggering events. Here, the Archivist's reliance on those triggering events was entirely reasonable: "[I]f the Archivist is to make the best determination of when records of a certain type will cease to have sufficient value to warrant their retention, then it is eminently sensible that he be able to rest that determination upon a future condition the occurrence of which will diminish the value of the records, without requiring that he predict precisely when that will occur." Id. at 12a.
The court of appeals also rejected petitioners' contention that GRS 20 is arbitrary and capricious. It explained that the Archivist made an explicit finding that the records on "live" desktop computer applications lack sufficient value to warrant continued preservation once they have been transferred or preserved to a paper, electronic, or some other form of recordkeeping system. Pet. App. 13a. While petitioners contended that electronic records can be searched, manipulated and indexed in ways that paper records cannot, the court of appeals noted that such searching, indexing, and manipulation was not possible with respect to records on "live" office systems, such as individual personal computers. "Public Citizen's argument ignores [the] obviously material difference between the value of records that are part of an agency's centralized recordkeeping system and the value of those that are accessible only by searching a particular personal computer. We do not think the Archivist acted unreasonably in discounting the comparative value of 'disparate electronic files maintained by individuals rather than in agency-controlled recordkeeping systems.'" Id. at 15a (quoting 60 Fed. Reg. at 44,646).
Finally, the court of appeals rejected petitioners' contention that GRS 20 is arbitrary and capricious because electronic records may contain information that is not contained in the printed version. Pet. App. 18a. With respect to electronic mail, the court noted, GRS 20 expressly requires that the agency recordkeeping system capture all relevant transmission data. Ibid. With respect to word processing files, the court of appeals interpreted GRS 20-in light of the preamble's statement that recordkeeping systems must preserve the document's "content, structure, and context"-as likewise mandating the preservation of all records information associated with electronic files, including "hidden" information that might not ordinarily print out. Id. at 18a-19a.
The court of appeals held that GRS 20 reflects a reasonable interpretation of the Records Disposal Act. That decision is correct and does not conflict with any decision of this Court or of any other court of appeals. Accordingly, this Court's review is not warranted.
1. This case arises out of the proliferation of desktop computer applications used to create federal agency records. The Archivist found that records generated on "live" desktop computer programs used by individual agency employees-such as electronic mail or word processing systems-must be deleted from those systems to ensure proper records management and to avoid computer overloads that would lead to system failure. See 60 Fed. Reg. 44,643, 44,644 (1995). The Archivist also found that records left on "live" computer systems are of little value to agency personnel and outside researchers once they have fallen out of use, since they are often inaccessible or unknown to anyone but their creator, and cannot be indexed or searched efficiently. Id. at 44,645.
The Archivist adopted the present version of GRS 20 as a rational and pragmatic response to those findings. GRS 20 requires agencies to preserve specified electronic records by transferring them to the agency's official recordkeeping system, whether that system is electronic, paper, or microform. That recordkeeping system must preserve the records' "content, structure, and context for their required retention period." 60 Fed. Reg. at 44,644. Only after the records are properly preserved in such a recordkeeping system may unused and unneeded copies be deleted from the agency's "live" computer applications.
Petitioners contend (Pet. 14-17) that the Archivist acted unreasonably by authorizing the deletion of electronic records regardless of their value. However, as the court of appeals recognized (Pet. App. 14a-15a), petitioners' argument reflects a persistent misunderstanding of what GRS 20 does. GRS 20 does not authorize the deletion of records from the agency's electronic or other recordkeeping systems. Nor does it address the separate question of what kind of recordkeeping system agencies should have. GRS 20 simply authorizes the deletion of material from "live" computer desktop systems after that material has been transferred to an agency recordkeeping system that preserves each record's content, structure, and context.
In that respect, the Archivist expressly considered the value of records maintained on "live" desktop computer applications and concluded that, once they have been "copied" to a recordkeeping system, their value is insufficient to warrant continued preservation. As the Archivist explained:
For records to be useful they must be accessible to all authorized staff, and must be maintained in recordkeeping systems that have the capability to group similar records and provide the necessary context to connect the record with the relevant agency function or transaction. Storage of electronic mail or word processing records on [live] electronic information systems that do not have these attributes will not satisfy the needs of the agency or the needs of future researchers.
60 Fed. Reg. at 44,644. Accordingly, the Archivist determined that maintaining electronic records on "live" word processing and electronic mail systems "that do not provide the necessary records management functions, just for the sake of maintaining [those records] in electronic format as many respondents advocate * * * would be of limited use to both the originating agency and to future researchers." Id. at 44,645. "Such a practice would not support agency operations, and researchers would have to search disassociated, unindexed collections of materials for potentially valuable records, which would result in finding a large proportion of irrelevant documents, and inefficient use of research time." Ibid. See also id. at 44,644 ("Search capability and context would be severely limited if records are stored in disparate electronic files maintained by individuals rather than in agency-controlled recordkeeping systems.").
Petitioners' lengthy discussion of the importance of electronic records (Pet. 14-15) thus amounts to nothing more than a disagreement with the Archivist's reasoned conclusions. Moreover, petitioners' analysis is based on the incorrect assumption that the electronic records subject to GRS 20 are stored on publicly-accessible, centralized computer systems. For instance, petitioners contend (Pet. 14) that electronic records can be "distributed more easily and more widely" and "searched and indexed more easily." But petitioners overlook the fact that GRS 20 governs the disposition of records contained on "live" desktop computer applications residing, for example, on separate personal computers in individual offices. There is no reason to believe that functions like indexing, searching and distribution currently would prove any easier from those myriad individual computers than they would from the centralized, indexed, and organized paper copies kept in an agency's centralized recordkeeping system.
Petitioners also take issue with the Archivist's finding that electronic records are of limited use unless they are maintained in a centralized recordkeeping system. Pet. 17. In particular, they argue that the finding "is not the same as finding that the electronic records lack any 'administrative, legal, research or other value' that would warrant further preservation, as 44 U.S.C. § 3303a(d) requires." Pet. 17. Petitioners misread the statute. Section 3303a(d) does not require a finding that the records lack any administrative, legal, research, or other value. It requires only that, in the Archivist's judgment, the records lack "sufficient administrative, legal, research, or other value to warrant their further preservation by the United States Government." 44 U.S.C. 3303a(d) (emphasis added). The Archivist reasonably determined that records maintained on "live" computer applications are of little (i.e., not "sufficient") value once they are no longer in use and have been duplicated-in a printed, microform, or electronic form that preserves all relevant information-in the agency's centralized recordkeeping system.
Petitioners also suggest (Pet. 17-18) that GRS 20 is flawed because it does not address whether an agency's recordkeeping system should be electronic, paper or microform. Petitioners apparently believe that it is unreasonable for the Archivist to authorize deletion of electronic material from "live" computer applications- even if system overload is threatened-unless the agency's official recordkeeping system will store copies electronically. Petitioners, however, point to nothing in the statute requiring agencies to use an electronic rather than paper recordkeeping system. Pet. App. 17a. In any event, the development of appropriate recordkeeping systems is a separate matter beyond GRS 20's scope. 60 Fed. Reg. at 44,644 ("Separate * * * guidance and regulations instruct agencies to appropriately preserve records that are produced through office automation in the form that they determine is best to accomplish their mission within their administrative and fiscal capabilities."). See also id. at 44,634, 44,635, 44,639. Indeed, we are informed that for that very reason the Archivist has been working with individual agencies-outside of GRS 20 proceedings- to encourage and aid the move to electronic recordkeeping, which the Archivist considers worthwhile in the long-term. That process, however, has little to do with the validity of GRS 20, which does not address whether an agency's recordkeeping system should be paper, microform, or electronic. As the court of appeals noted: "[The Archivist's] decision to permit agencies to maintain their recordkeeping systems in the form most appropriate to the business of the agency is reasonable. Nor does [petitioner] claim that agencies have a legal duty to establish electronic recordkeeping systems." Pet. App. 17a.6_
2. Petitioners also ask this Court to resolve an alleged conflict among the circuits regarding the degree to which courts should defer to agency interpretations first articulated during litigation. See Pet. 19-26. This Court has held that courts normally should not accord deference to "agency litigating positions that are wholly unsupported by regulations, rulings, or administrative practice." Bowen v. Georgetown Univ. Hosp., 488 U.S. 204, 212 (1988). However, this Court has recognized that deference to an agency's interpretation of its own regulations may be appropriate even if that interpretation "comes * * * in the form of a legal brief" where the interpretation is "in no sense a 'post hoc rationalizatio[n]' advanced by an agency seeking to defend past agency action from attack" and there is "no reason to suspect that the interpretation does not reflect the agency's fair and considered judgment on the matter in question." Auer v. Robbins, 519 U.S. 452, 462 (1997) (quoting Georgetown Univ. Hosp., 488 U.S. at 212). See also Gardebring v. Jenkins, 485 U.S. 415, 429-430 (1988). There is no conflict, however, on that issue in the courts of appeals. In any event, the agency's positions in this case were fully grounded in the administrative record, the rationale set out in the notice adopting GRS 20, and prior agency practice.
a. According to petitioners, most courts of appeals will not defer to agency positions set forth in court except where the agency is not a party and submits its views in the form of an amicus brief. Pet. 21. The District of Columbia Circuit and the Third Circuit, petitioners seem to argue, are more amenable to deferring to agency litigating positions. See Pet. 22. Petitioners misread the cases.
For example, while petitioners characterize several cases as holding that agency positions articulated in litigation do not warrant deference unless the positions are asserted in an amicus brief, see Pet. 21-22, the cases on which petitioners rely do not so hold. Three of the decisions cited by petitioners merely hold that, consistent with this Court's decisions, deference is appropriate to an agency position articulated in an amicus brief so long as the position is not a post hoc rationalization to defend past agency action, and the interpretation appears to reflect the agency's fair and considered judgment. See Jones v. American Postal Workers Union, 192 F.3d 417, 427 (4th Cir. 1999); Hertzberg v. Dignity Partners, Inc., 191 F.3d 1076, 1082 (9th Cir. 1999); Norwest Bank Minnesota Nat'l Ass'n v. Sween Corp., 118 F.3d 1255, 1259 n.5 (8th Cir. 1997). None of those decisions establishes a per se bar against deferring to the agency's considered view of a matter under appropriate circumstances simply because the agency expresses its view as a party or by means other than an amicus brief.
Nor do the two decisions of the Seventh Circuit cited by petitioners (see Pet. 21-22) adopt that rule. In Doe v. Mutual of Omaha Insurance Co., 179 F.3d 557, 563 (7th Cir. 1999), cert. denied, 120 S. Ct. 845 (2000) (see Pet. 21), the Seventh Circuit held only that deference was inappropriate when an agency filed an amicus brief taking a new and "radical stance" on an issue, when the agency had never addressed the issue before. 179 F.3d at 563. And in Harco Holdings, Inc. v. United States, 977 F.2d 1027, 1035 (7th Cir. 1992) (see Pet. 22), the court of appeals merely refused to accord deference to an agency interpretation that was "not only new and unsupported by agency practice or rulings," but also "internally inconsistent." See also William Bros., Inc. v. Pate, 833 F.2d 261, 265 (11th Cir. 1987) (refusing to defer to a "novel position" raised in litigation where the agency has adopted a contradictory position on related issues). Thus, neither of those cases holds that courts may not defer to agency positions articulated in litigation unless they are expressed in amicus briefs. Instead, by relying on the inconsistent or radical nature of the agency's approach, those cases merely implement this Court's admonitions that deference is not appropriate for "agency litigating positions that are wholly unsupported by regulations, rulings, or administrative practice," Georgetown Univ. Hosp., 488 U.S. at 212, or where there are other reasons to doubt that the positions reflect "the agency's fair and considered judgment," Auer, 519 U.S. at 462.
Petitioners' effort to characterize District of Columbia Circuit and Third Circuit case law as inappropriately receptive to agency litigating positions (Pet. 22-23) likewise is not well supported. In Tax Analysts v. IRS, 117 F.3d 607 (D.C. Cir. 1997) (see Pet. 22-23), for example, the court of appeals stated that "[o]ne might consider" the agency's interpretation of its decisions to be "a litigation position," but noted that such a characterization "would not necessarily preclude * * * defer[ence] to the agency's interpretation." 117 F.3d at 613 (emphasis added). The court, however, did not find it necessary to resolve the deference question because it concluded that the IRS intepretation at issue was not permissible, and could not be upheld, even if deference was proper. Id. at 616. Likewise, in United Seniors Ass'n v. Shalala, 182 F.3d 965, 971 (1999) (see Pet. 23), the District of Columbia Circuit acknowledged (in dictum) that it may be appropriate to defer to agency views expressed in legal briefs "under the appropriate circumstances." There, however, the court concluded that deference was appropriate because the agency's position was firmly established prior to the litigation, having been repeatedly and consistently expressed-and adhered to-in the past. And in National Mining Ass'n v. Babbitt, 172 F.3d 906 (1999) (see Pet. 23), the District of Columbia Circuit noted (again in dictum) that courts may, "under the appropriate circumstances," defer to agency views expressed in legal briefs. The court of appeals, however, declined to defer to the agency's construction there because the court could not understand what the agency's position was, 172 F.3d at 911, and because it found the regulations clearly arbitrary and capricious in any event, id. at 911-913.
Finally, petitioner is incorrect to claim (Pet. 22) that the Third Circuit's decision in Connecticut General Life Insurance Co. v. Commissioner, 177 F.3d 136, 144, cert. denied, 120 S. Ct. 496 (1999), establishes a circuit conflict. In that case, the court of appeals expressly recognized that it could not defer to an agency interpretation that is not supported by "regulations, rulings or administrative practice," and noted that it would not defer to "an agency counsel's interpretation of a statute where the agency itself has articulated no position on the question." Id. at 143-144 (quoting Georgetown Univ. Hosp., 488 U.S. at 212). The court later discussed deference to an agency position articulated in litigation, but only in the context of determining whether the agency in fact had expressly reserved judgment on a particular issue, or had instead articulated a view on the matter. 177 F.3d at 144. The decision hardly establishes a conflict among the circuits over the degree of deference accorded to agency interpretations articulated in litigation.
b. Even if there were a square conflict on this issue -and we do not believe there is one-the court of appeals in this case did not defer to mere litigation positions. Instead it deferred to positions that were well supported in the Archivist's decision, in the administrative record, and in established practice. Thus, while petitioners claim (Pet. 23) that the court of appeals thrice deferred to "new interpretations" offered for the first time in litigation, that claim is not correct.
Petitioners first contend (Pet. 11, 23) that the court of appeals deferred to the Archivist's view that the general records schedule authority contained in 44 U.S.C. 3303a(d) extends to so-called "program" records (and is not limited to "administrative" or "housekeeping" records), even though that construction was first articulated in the course of this litigation. But the court of appeals nowhere suggested that the Archivist's construction of Section 3303a(d) was novel or newly-articulated in this litigation. Nor was it. The Archivist in fact concluded that Section 3303a(d) extended to so-called program records (before this litigation began) in the notice announcing GRS 20.7_ The scope of GRS 20 itself evidences that construction as well, since it was promulgated under Section 3303a(d) and unambiguously applies to program and housekeeping records alike. See National R.R. Passenger Corp. v. Boston & Maine Corp., 503 U.S. 407, 420 (1992) ("[W]e defer to an interpretation which was a necessary presupposition of" the agency's "decision."). Indeed, as the court of appeals noted (Pet. App. 10a), at least one earlier general records schedule expressly applied to program records. See 60 Fed. Reg. at 44,644. Thus, far from deferring to a novel litigating position on this issue, the court of appeals merely-and properly-deferred to the established and previously articulated interpretation of Section 3303a(d) adopted by the Archivist.8_
Nor did the court of appeals defer to a mere litigating position when it upheld the Archivist's construction of the phrase "after the lapse of specified periods of time" in Section 3303a(d). See Pet. 12. The court of appeals concluded that, consistent with Section 3303a(d)'s language, the Archivist may specify time periods for record retention by using triggering events, such as the date on which the record is copied to a recordkeeping system; the court rejected petitioners' contrary position, under which the Archivist would be required to specify dates more "rigidly in terms of months or years." See Pet. App. 12a. In so doing, the court of appeals rejected petitioners' contention that the Archivist's flexible construction was first articulated in this litigation, finding that it was articulated "in GRS 20 itself." Id. at 12a n.* (quoting National R.R. Passenger Corp., supra). The Archivist, in any event, has long construed Section 3303a(d) in the same manner, by issuing general records schedules for the disposition of records upon triggering events (e.g., once the document is "superseded" or when the matter "is completed") since at least 1955. See Addendum to Defendants' Motion for Summary Judgment, Tab 27 (GRS 1, items 18a, c).9_
Nor did the court of appeals improperly defer to government counsel's interpretation of GRS 20 itself. See Pet. 12, 23. According to petitioner, the court of appeals placed inappropriate weight on counsel's clarification, at oral argument, that GRS 20 requires all information forming part of an electronic record- including "hidden comments or summaries that are not [ordinarily] printed out" and "the electronic equivalents of a Post-it note or an abstract"-to be printed out and preserved where a paper recordkeeping system is used. See Pet. App. 18a-19a. It is far from clear that the court of appeals in fact "deferred" to counsel's concession at argument. To the contrary, the court of appeals appears to have relied on that concession simply to clarify the argument made in the Archivist's brief, see ibid.-namely, that GRS 20 contains the very requirement that petitioners feared might be lacking, because GRS 20's preamble specifies that recordkeeping systems must preserve each record's "content, structure, and form."10_
The paragraph following that discussion goes on to state that the Archivist's interpretation is entitled to deference even if it "comes for the first time in litigation," so long as there is "no reason to suspect that the interpretation does not reflect the agency's fair and considered judgment on the matter in question." Pet. App. 19a (quoting Auer, 519 U.S. at 462). Because that statement appears to have been unnecessary to the judgment, it does not furnish a reason for further review. See Black v. Cutter Labs., 351 U.S. 292, 297 (1956) (This Court "reviews judgments, not statements in opinions.").11_ Any deference to the agency's "fair and considered judgment," moreover, did not aggrieve petitioners. In the court of appeals, petitioners argued that the Archivist's regulations should require the preservation of otherwise hidden materials, like abstracts, comment fields, etc. Pet. App. 19a. The court of appeals merely concluded that GRS 20 in fact contains the very requirement petitioners were insisting upon. It is hard to see how petitioners can claim to be aggrieved by the conclusion that GRS 20 includes a requirement that, in petitioners' view as well, should be part of GRS 20. See ibid. ("Considering the substance of" the Archivist's interpretation, "we trust that [petitioners are] not aggrieved by" deference). And, for the same reason, petitioners' challenge to the court of appeals' conclusion is largely academic in nature. It therefore does not warrant further review.
3. Finally, petitioners appear to argue that GRS 20 is contrary to various policy statements made by the Archivist. Pet. 10. Many of those policy statements, however, were made in the course of considering new alternatives in response to the district court's decision striking down GRS 20. There is no basis for using agency proposals designed to comply with a district court ruling that the agency has appealed as evidence that the district court's ruling is correct. Besides, the fact that the Archivist has discussed and considered changes to GRS 20 does not undermine the validity of the current rule, so long as the current rule is a reasonable alternative among many, which it is. An agency is entitled to consider varying interpretations and the wisdom of its policy on a continuing basis. Chevron, 467 U.S. at 863-864; see Rust v. Sullivan, 500 U.S. 173, 186-187 (1991).
Moreover, as petitioners' own brief makes clear, the Archivist has indicated (apart from this litigation) that he is considering changes to GRS 20 and agency recordkeeping requirements. See Pet. 10. Further review of the Archivist's construction and application of the Records Disposal Act, if any, should await the Archivist's announcement of a more permanent resolution of those matters.12_
The petition for a writ of certiorari should be denied.
Respectfully submitted.
Solicitor General
Counsel of Record
Acting Assistant Attorney
1 _The term "records" as used in the FRA includes "all books, papers, maps, photographs, machine readable materials, or other documentary materials, regardless of physical form or characteristics, made or received by an agency of the United States Government under Federal law or in connection with the transaction of public business and preserved or appropriate for preservation * * * as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the Government or because of the informational value of data in them." 44 U.S.C. 3301.
2 _That general goal of effective records management includes, but is not limited to, the promotion of "[a]ccurate and complete documentation of the policies and transactions of the Federal Government"; "[c]ontrol of the quantity and quality of records"; "[e]stablishment and maintenance of mechanisms of control with respect to records creation in order to prevent the creation of unnecessary records"; "[s]implification of the activities, systems, and processes of records creation and of records maintenance and use"; and "[j]udicious preservation and disposal of records." 44 U.S.C. 2902.
3 _The Archivist also must "provide guidance and assistance to Federal agencies with respect to ensuring adequate and proper documentation of the policies and transactions of the Federal Government and ensuring proper records disposition." 44 U.S.C. 2904(a). The Administrator of the General Services Administration (GSA) has a similar responsibility to "provide guidance and assistance to Federal agencies to ensure economical and effective records management." 44 U.S.C. 2904(b).
4 _Count two of the complaint challenged the disposition, under GRS 20, of word processing documents created by the Office of the United States Trade Representative (USTR) from 1986 through 1992, and preserved on "backup tapes" pursuant to an injunction in earlier litigation. After petitioners brought this action, USTR notified the Archivist that it wished to withdraw its disposition schedule for those records and to submit a separate disposition schedule without relying on GRS 20. The district court denied the government's motion to dismiss count two as moot. Pet. App. 32a-33a. The government did not appeal with respect to that issue.
5 _The district court also denied the government's motion for summary judgment, holding that petitioners have standing (Pet. App. 27a-32a), and that the Executive Office of the President is a proper party to this action (id. at 33a-35a).
6 _Petitioners suggest (Pet. 16) that the Archivist need not require all agencies to develop electronic recordkeeping systems, but instead can approve individual agency disposition schedules or narrower general schedules that distinguish electronic records that must be preserved electronically. Again petitioners miss the point. Whether an agency maintains an electronic recordkeeping system or a paper recordkeeping system, material on "live" computer desktop applications must be deleted to ensure proper records management and avoid system overload. Thus, despite petitioners' protestations to the contrary, petitioners' approach would mandate that agencies either adopt electronic recordkeeping or maintain records on "live" systems indefinitely and risk potential system failure as a result. There is no statutory basis for such a requirement, and the Archivist did not act unreasonably in declining to adopt it.
7 _The Archivist explicitly addressed the objections, made by various commenters, that GRS 20 improperly authorized disposal of "program" records. Program records, the Archivist noted, would be preserved in each agency's recordkeeping system:
The critical point is that the revised GRS does not authorize the destruction of the recordkeeping copy of the electronic mail and word processing records. The unique program records that are produced with office automation will be maintained in organized, managed office recordkeeping systems. Federal agencies must have the authority to delete the original version from the "live" electronic information system to avoid system overload and to ensure effective records management. Program records that have been transferred to the recordkeeping system will not be affected by GRS 20. Their disposition is controlled by other general or specific records schedules.
60 Fed. Reg. at 44,644. The Archivist went on to explain that "[a]s indicated in the responses to comments above, the approval of GRS 20 will not affect unique program records that have been preserved in a recordkeeping system." Id. at 44,647.
8 Contrary to petitioners' position, the Archivist's construction of Section 3303a(d) did not depart from prior practice. Pet. App. 10a-11a ("Public Citizen has identified no policy of the Archivist with which GRS 20 is inconsistent."). Although petitioner cites earlier statements indicating that general records schedules cover "administrative" records, those statements were made in a different context, id. at 10a, and do not assert that general records schedules cannot include program records as well.
9 _Indeed, until 1970, each of those general records schedules was expressly approved in congressional committee reports, C.A. App. 124, 126, which gave no indication of dissatisfaction with the Archivist's construction of the statute. Cf. Haig v. Agee, 453 U.S. 280, 291-300 (1981) (agency interpretation of statute may be ratified by Congress). In addition, Congress repeatedly amended the Records Disposal Act without taking issue with those schedules. See Power Reactor Dev. Co. v. International Union of Elec. Workers, 367 U.S. 396, 408 (1961) (congressional acquiescence in agency's construction, as communicated to a congressional committee, can support agency interpretation).
10 _Before referring to counsel's representation, the court of appeals recited the explanation in the Archivist's brief that the preamble that accompanied GRS 20's publication made it clear that even "hidden comments or summaries that are not printed out- the electronic equivalents of a Post-it note or an abstract"-must be printed out and stored in the recordkeeping system. Pet. App. 18a-19a. As the court observed (id. at 19a), the preamble expressly states that records may not be deleted until they have been transferred to a recordkeeping system that "preserves their content, structure and context." 60 Fed. Reg. at 44,644. The meaning of that directive is plain: If a record, such as a word processing file, necessarily includes comments or summaries appended to it, the "content, structure and context" of the record cannot be preserved without that information as well. The court of appeals then cited government counsel's statement at oral argument as another way of stating the same conclusion: "In other words, as counsel for the Archivist put it at oral argument, if the information is part of a record * * * then it must be preserved." Pet. App. 19a. Finally, the court of appeals noted that that interpretation of GRS 20 is consistent with GRS 20's requirement that word processing files be "copied" to the recordkeeping system. Circuit case law, the court noted, holds that paper versions are not "copies" within the meaning of the FRA if they do not include all significant information contained in the electronic version. Ibid.
11 See also Chevron, 467 U.S. at 842 ("this Court reviews judgments, not opinions"); Herb v. Pitcairn, 324 U.S. 117, 125 (1945) (noting that the Court's "power is to correct wrong judgments, not revise opinions").
12 As we explained at greater length in our brief in opposition (at 26-28) in Armstrong v. Executive Office of the President, 520 U.S. 1239 (1997) (No. 96-1242), we believe that the Administrative Procedure Act (APA) does not afford petitioners a cause of action for judicial review of the recordkeeping requirements promulgated by the Archivist under the FRA. See also Gov't C.A. Br. 11 n.3 (preserving the issue in this case, while acknowledging that circuit precedent permitted APA review). To obtain APA review of administrative action, a plaintiff must show that "the injury he complains of * * * falls within the 'zone of interests' sought to be pro-tected by the statutory provision whose violation forms the legal basis for his complaint." Lujan v. National Wildlife Fed'n, 497 U.S. 871, 883 (1990). In Kissinger v. Reporters Committee for Freedom of the Press, 445 U.S. 136, 149 (1980), this Court stated that the FRA was enacted "not to benefit private parties, but solely to benefit the agencies themselves and the Federal Government as a whole." Also, review under the APA is unavailable when a legislative intent to preclude judicial review is "fairly discernible in the statutory scheme," Block v. Community Nutrition Inst., 467 U.S. 340, 351 (1984); see 5 U.S.C. 701(a)(1). If the Court grants review, the question of petitioners' right to seek judicial review under the APA would be logically antecedent to (and a potential barrier to reaching) the merits-based questions raised in the certiorari petition. That alternative ground for affirmance of the court of appeals' rejection of petitioners' claims under the FRA provides an additional reason for the Court to deny review.


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November 14 - 17
November 14 - I am thankful for vision. Without vision a man will die. Without vision an organization will die. I am thankful for the glimpse that God gives to give his children vision.
November 15 - I am thankful for friends. Friends who are fun to hang out with, and who I can be myself around.
November 16 - I am thankful for my niece. Despite not feeling well I got to spend some time playing: hide n go seek; thumbs up 7 up; I spy, monopoly; and keep away. It was truly a blessing.
November 17 - I am truly thankful for grace. On a day where I don't feel well and I've been fighting doubt, fear, and hatred of self. I am thankful for the love and forgiveness that I so need.
Dear Heavenly Father,
Thank you for all your blessings. Thank you for you grace and forgiveness. Most of all thank you for your love, that I do not deserve. Please continue to guide me despite my failures.
In Jesus Name,


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Submitted by CdMScott on
This is said to be Steven Soderbergh's final film before retirement, to which I say: Bye! He has been so arrogant and superior in his interviews of late, while seemingly blind to the fact that his films simply aren't that good. This one, like all of them, is decent enough but ultimately unsatisfying, an effect largely owing to the story not turning out at all to be related to what this movie sells itself as. It has too many pretentious to being highbrow pulp to supply the fun of pulp. And it's also quite offensive to lesbians.
We open tracking around an elegant apartment with a trail of blood on the floor, then flash back, three months earlier. Rooney Mara as Emily is receiving her husband, Martin, played by Channing Tatum, as he is released from prison. She is clearly depressed, and has a history of depression, and one morning drives her car straight into a wall. She is hospitalized, where she meets Jude Law as psychiatrist Banks. He starts therapy with her, and puts her on an antidepressant. She's still depressed, and switches to a new antidepressant on the market, Ablixa. She is soon sleepwalking on the drug, setting a table for three in the middle of the night. By now you will notice a large amount of shots in which the majority of the frame is out of focus, and a great many shots of people walking into focus, meant to convey the dopey state of a person on these medications.
We see Banks enter an agreement in which he receives 50k for signing up patients for a trial of Ablixa. Next thing you know, Martin comes home to find Emily in a daze, sleepwalking. She stabs him repeatedly, shocker, and leaves him to die on the floor as she goes into the bedroom and gets into bed. Emily claims to have no knowledge of what she's done, and is soon having Martin's mother read a statement on TV about the dangers of these drugs and how people have to be warned. It becomes a media scandal, and Banks is held responsible. He loses his practice. He loses his patients. Eventually he loses his shrill harpy wife, who does not exactly stand by her man. Emily is thrown into a hospital under observation. Banks is starting to investigate, and to form conspiracy theories that no one else will entertain.
Also on hand this whole time has been Catherine Zeta-Jones as Victoria, who was seeing Emily in Connecticut prior to her ending up with Banks. She has written several papers in the past about Ablixa, including describing the sleepwalking effects, and believes that Banks was reckless in prescribing it to Emily. For a while the movie feints in the direction that some pharma companies are creating these scandals to boost the sales of other drugs, but that goes nowhere. Soon Victoria is sending incriminating photos to Bank's wife, resulting in her walking out with the kid. Banks is developing more theories, especially that Emily was never actually depressed, was faking taking her medication, and set up the whole suicide attempt as a sham.
Well, I hope you're ready for the shocking conclusion that will blow your mind and perhaps require you to take to your bed for the next several hours. Banks starts making out to Emily that he and Victoria are in collusion, and Emily is going to be left in the institution to rot. He gets Emily to make a deal with him to save herself. She shows up at Victoria's office and we soon learn--they were having an affair! It seems that this whole thing was orchestrated by Victoria to get Emily out of her marriage and also score some money, although... a simple divorce? That was out of the question? Seems awfully complicated. One might also be surprised to learn, as I was, that hot passionate lesbian lovers do not employ tongues when kissing, but exchange polite but breathless lip kisses. So anyway, none of this actually has anything to do with the pharma industry or medical side effects or America's addition to pharma solutions, so while we appreciate your careful attention to the whole first half, thanks so much, you won't be needing that. What's actually going on has absolutely nothing to do with the pharma industry at all.
So ultimately it all comes down to predatory lesbians. They're out there, just lurking and scheming and thinking up elaborate schemes to kill husbands and ruin the lives of innocent men. Beware the sapphic menace, my friends! I've been looking on gay blogs to see if there's discussion of how offensive this movie is to lesbians, and how unusual and unwelcome it is for a movie to hang its pathology squarely at the doorstep of lesbians--they're lesbo, right? So OF COURSE they're fucked-up, man-hating predators--and just let that be that. It's offensive, because it takes the worst cliches about lesbians and accepts them as simple truth, then hangs the entire plot of the movie around them.
There's also a bit of an issue with dishonest storytelling, especially ironic given Soderbergh's loud lamentations about having to tamp down his innate genius to shoehorn his explosive vision into the constrictions of accepted narrative. He is SO avant-garde, you simply must understand, that it truly causes him physical pain to have to tell a story in a straightforward way. But then it turns out that all of this technique about conveying his character's drugged state of mind by having the entire film be in extreme shallow focus is actually total bullshit, because in fact, by the end we realize that NO ONE in the film is fucked up on drugs! And drugs are not what the film is about at all. So all that thematic stuff actually has NOTHING to do with what's happening here and is in fact misleading the audience. There's also the issue of Emily continuing her sleepwalking charade after killing her husband. When we find out that she was acting the whole time, after her husband died, why does she need to continue to act? Well, because we haven't yet revealed to the audience that she's was never drugged, so we need to show consistent, if dishonest, information.
And all of this would be more acceptable if the whole thing was more fun, or any fun, but there's an apologetic tone to it that wants to float the story as pulpy trash without actually going for it. And it doesn't exactly engender fond feeling that the whole first two-thirds, and the whole reason you came to see this movie, actually has nothing whatsoever to do with what the movie is about. So you have a decent-enough movie that is kind of not so bad, and doesn't seem like a TOTAL waste of time, and kind of had, you know, SOME thought put into it.... and it seems that Soderbergh is only too delighted to let those kind of films be his legacy. Enjoy retirement, buddy, and please don't let the swinging door hit you in the ass.
I wouldn't bother.


text:
- inspiring and uplifting quotes Photoshopped onto photos of beautiful scenery or cute animals and kids
- funny videos
- 72 hours of video are uploaded to YouTube every minute
- Over 800 million unique users visit YouTube each month
- Over 3 billion hours of video are watched each month on YouTube
- In 2011, YouTube had more than 1 trillion views or almost 140 views for every person on Earth
Here are two videos that grabbed my attention today, and tickled my funny bone, as the old saying goes.
The first one is fiendishly clever. Clemenger BBDO created a vending machine to test how far humans will go to get a free snack. And the resulting video is somewhere between a evil, mad-scientist-type experiment run amok and impromptu performance art.
The second video that had me laughing out loud is this (scripted but still funny) video of two men who attempt and fail miserably to resist singing along with the annoyingly catchy Gotye song, "Somebody That You Used to Know". Come on, don't deny it — you sing it in the car too. :-)
So what type of humor and videos make you laugh out loud all by yourself, or are so perfect that you share them with all of your social networks?


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Barclays Capital is carving a niche in event-driven loan transactions in Australia. While the country's four major domestic banks dominate club-style, bi-lateral deals, Barclays is playing at the structured edges where returns are higher and client loyalty reigns.
FinanceAsia spoke with Sydney-based director of global loans, Steven Zuckerman, and managing director, Tim Ritchie, on his recent trip to Australia.
What characterizes your strategy in Australian loans


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ONEDAY in Woolacombe
We worked from 5 in the morning to 10 at night, it was an intense day! thanks so much to all the surfers who took time out and days off of work to be there and to Mat, Jack, Rob, Stu, Gordon, Joel and Steve our camera men and.......[read more]
Tim Kevan
Tim is one of my poshest friends an author and surfer just look at what he has done! Oh and he is going to read some poetry for a sound track to some deep north Devon video journals next winter.....[read more]


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I'm a drummer. I love music and I love playing my drums.
The band I've been playing with since Transition Year has just about grown out of being a boy band. Much as I love music, we're still only part time and I can see it's never going to be a career. However, because I've always done the stage work and electronic stuff for the band, I could see a future there.
When I'm sad or lonely I just play the drums till I feel good again. Lucky for me we live in the country where there aren't any neighbours to complain.
I enrolled on a college stage course and now I'm in my second year. I spend my weekends setting up stages for really class musicians. It's fantastic, getting paid to do a job I'd be glad to do for free. The college work is tough and I have to work hard at it if I want a good degree but come weekends, I'm out setting up a stage somewhere. Then the night comes on, the lights and the music are pumping just the way I set them up to do and I'm the happiest person there.
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Majhauli Raj Travel Guide
Majhauli Raj Tourism - Get information on Majhauli Raj tourist places and sightseeing tours. This page presents a visual Majhauli Raj travel guide. Our friendly trip advisor from ixigo helps you plan your next tour and gives you great ideas on what to do, where to eat, where to stay and when to go there. We curate the best information from the web to give you precise, meaningful and useful travel guide for leading places to visit in india and from across the world. ixigo has curated the best travel information on Majhauli Raj tourism spanning genres as diverse as tourist places, tourist spots, major sightseeing attractions, the best time to visit, the top places to visit in Majhauli Raj, the must-see things to see and do, maps, restaurants, hotels, nearby tourist destinations, local public information and more. To start with check out information on how to reach Majhauli Raj : how to go from New Delhi to Majhauli Raj | how to go from Mumbai to Majhauli Raj | how to go from Bengaluru to Majhauli Raj | how to go from Chennai to Majhauli Raj | how to go from Hyderabad to Majhauli Raj | how to go from Kolkata to Majhauli Raj
There are numerous things to see and experience in Majhauli Raj, provided you have the right information. With a host of exciting things to do in Majhauli Raj, travelers can thoroughly enjoy the experience of exploring this destination. If you are travelling for the first time, the Majhauli Raj travel guide may help resolve most of your queries about Majhauli Raj. In fact, it is like a veritable information packed handbook on Majhauli Raj tourism. All you need is a list of options on topics such as where to stay, what to eat, weather in Majhauli Raj and places to visit in Majhauli Raj and you can be guaranteed an awesome trip to Majhauli Raj.
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Does anyone else have random SD card problems it just stops reading the card. I have a genuine 128gig Samsung card. Works fine in my m8, and s7..... But for what ever reason my m9 and now 10 I get random issues. I could be watching a movie on card and middle of movie stops. Or now I woke up and not even using phone and there was an error.
Relax: instrumental ringtone, country music ringtones, sms tones . Good fun!


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Cheesy? Yes. Corny? Absolutely. But never tacky!
Polenta! That creamy dish of boiled cornmeal, nearly identical to grits, can be served either hot and soft, like a savory cornmeal pudding, or cooled and firm, like a flourless cornbread. Polenta makes a great breakfast, appetizer, or side but seems to be particularly appealing as a late night snack after a long day of making TV magic.
2 cups course ground corn meal (I prefer Bob's Redmill)
3 cups vegetable stock
2 cups water
1 cup milk
1 tsp salt
½ tsp pepper
½ cup shredded cheddar, colbeyjack, parmesan, or your choice of firm cheese
½ cup frozen corn kernels
¼ cup diced green chiles
Combine the vegetable stock, water, and milk in a large stock pot and bring to a boil over high (be certain to keep an eye on it or the boiling milk will cause it to overflow).
Turn the stove top down to medium-high and slowly add the cornmeal, while stirring/whisking constantly in order to prevent any lumps from forming.
Continue stirring for another 5 minutes until the polenta reaches a thickened state (NOTE: if the polenta becomes thick within a minute or so, you will need to add a ¼ cup of liquid, otherwise it will come out dry and mealy). Add the salt, pepper, cheese, corn kernels, and diced chiles and stir for another couple of minutes until the mixture is evenly distributed and the cheese is melted.
Even the polenta out in the pot, turn the heat down to low, cover the pot and allow to cook for another 10 minutes, giving it a little stir every other minute.
Now, you can spoon it up and have a nice hot bowl of steamy polenta, and then transfer all of the contents to a greased baking pan, cover, and place in the refrigerator (on a cooling rack) for an hour. When the polenta has cooled you can cut it up into squares, place them in a ziplock bag, and leave them in the refrigerator as a post-9 o'clock news snack for your roommate.


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Dr. Craig Williamson
The questions that we ask in our Global Change Limnology Lab deal with how solar ultraviolet radiation, climate change, predation risk, and trophic interactions influence pelagic ecosystem structure and function. We view lakes as sentinels, integrators, and regulators of environmental change, with an emphasis on deciphering the most valuable sentinels of climate change. Projects take us all over the world from regions in the U.S. such as northeastern Pennsylvania, Alaska, Lake Tahoe, and the Beartooth Mountains, to the Canadian Rockies, Argentina, and New Zealand. Our questions are field based, but our approaches range from small scale laboratory and field experiments to the ecosystem level, and involve comparative as well as experimental studies.
View Publications or Education and Professional Employment.
Lake observatory networks play a central role in the broader goals of the Global Change Limnology Laboratory.
- Many generations of scientists from the lab pitched in to help set up overwintering temperature and oxygen strings and retrieve the lab's profiling buoy, ARTHUR. (Photo: J Brentrup, K Rose, N Berry, L Adkins, and R Pilla, Lacawac Sanctuary, PA)
- Lakes serves as sentinels -or sensors- in the landscape, providing signals about changes in the surrounding environment. (Photo: Beauty Lake, MT)
- Using buoys and sensors, we collect high frequency lake data that interface with lake ecological observatory networks. (Photo: Jennie Brentrup, Lake Lacawac, PA)
- Field samples help us to better understand a lake's sentinel responses and the resulting biotic consequences. (Photo: Grinnell Lake, MT)
- Students couple laboratory and field experiments to answer their research questions. (Photo: Matt Meeks, Lake Lacawac, PA)
- Collaboration with other scientists enables us to answer large-scale ecological questions. (Photo: LEOW Meeting, Lacawac Sanctuary, PA)
Lab News
- PhD student Rachel Pilla's recently published study is a Featured Research Spotlight outstanding article in EOS, the online newsletter of the American Geophysical Union.
- Undergraduate Donna Nguyen is featured in Miami Moments, discussing her big data research
- Study models how increased precipitation and consequent lake browning decrease the potential for solar disinfection of pathogens in inland waters. Full text in Scientific Reports, Miami University press release, Newsweek, International Business Times, Australian Water Association, Environemtal Monitor, WVXU, and more
- Miami aquatic ecologists recognized in Top 60 Papers in Limnology and Oceanography journal.
- Study of 235 lakes on six continents shows an overall increase in surface water temperature (global mean = 0.34 degrees C per decade), though both warming and cooling were observed depending on local characteristics and climate. O'Reilly, C. M., et al. (2015), Rapid and highly variable warming of lake surface waters around the globe, Geophys. Res. Lett., 42, doi:10.1002/2015GL066235 PDF. AGU press release
- New research laboratory at Lacawac Sanctuary furthers goals of Miami University's Center for Aquatic and Watershed Science
Ultraviolet Radiation and Climate Change
As part of his service to the scientific and global community, Craig serves on several national and international panels and review boards including the United Nations Environment Programme Environmental Effects Assessment Panel (UNEP EEAP) on ozone depletion and climate change, and the Freshwater Indicators Technical Team for the National Climate Assessment (NCA FITT).
The UNEP EEAP keeps all of the nations that ratified the Montreal Protocol informed about the current status of ozone depletion and climate change through an annual report to the United Nations. The latest full UNEP EEAP report appeared in the special issue of Photochemical and Photobiological Sciences. Smaller annual reports are also published each year, with major reports every 4 years.
The National Climate Assessment is a report to the United States President and Congress as well as to the public. The latest NCA report appeared in 2014. For more information on the National Climate Assessment visit www.globalchange.gov.
2015 Ozone Hole Fourth Largest on Record
While the Montreal Protocol is successfully curbing the concentrations of ozone depleting chemicals in Earth's atmosphere, the ozone hole is still reaching close to the 2006 all-time record in both maximum size and minimum ozone concentrations.
Relevant Publications
Williamson, C. E., R. Zepp, R. Lucas, S. Madronich, A. T. Austin, C. L. Ballare, M. Norval, B. Sulzberger, A. Bais, R. McKenzie, S. Robinson, D.-P. Hader, N. D. Paul, J. F. Bornman. 2014. Solar ultraviolet radiation in a changing climate. Nature Climate Change 4: 434-441. PDF
Grimm, N. B., F. S. Chapin, B. Bierwagen, P. Gonzalez, P. M. Groffman, Y. Q. Luo, F. Melton, K. Nadelhoffer, A. Pairis, P. A. Raymond, J. Schimel, and C. E. Williamson. 2013. The impacts of climate change on ecosystem structure and function. Frontiers in Ecology and the Environment 11: 474-482. Other highlights of the National Climate Assessment were published in this same special issue of FEE.
For more information on ozone depletion and UV radiation
NASA Ozone Hole Watch: This site has images, archives, and educational information on the Antarctic ozone hole.
World Meteorological Organization (WMO) Ozone: This site has information on ozone, educational materials, and the WMO ozone bulletins- current and archives.
Total Ozone Mapping Spectrometer (TOMS): This site has information on monitoring and mapping of both current and historical global ozone. This resource is useful for estimating UV exposure at different locations on Earth.
UV Disaster avoided - what if there were no Montreal Protocol? This site has images and graphs of projected ozone and UV exposure on Earth with and without the reduction of ozone-depleting substances according to the Montreal Protocol.
What UV Does to Your Skin An ultraviolet camera shows the damage done to skin.


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Gay and vegan in the burbs (of Los Angeles). I blog about veganism, equality, compassion, activism, politics, spirituality and the awesome life experiences of The Gay Vegans. The "s" includes my husband, Mike! I believe that we all have more in common than not and that we all have the power to be the voice of the voiceless. I want this blog to be a tool for me to build bridges amongst communities and those with differing opinions.
Tuesday, January 29, 2013
I love Racquetball!
Many years ago I used to play racquetball at the YMCA where I was a member back in Norfolk, VA. I loved the game. It was tough.
When I moved to Colorado 14 years ago I stopped playing. That was until a couple of months ago when a good friend of mine who also goes to my gym (the Wheat Ridge Rec Center) say yes to an invite to play. We have been playing every week since.
We typically can get three games in during our one hour court reserve time. This past Saturday he beat in me in all three games. The week before it was me beating him in all three games.
I love racquetball! It is a lot of fun and each time I place I feel like I get an intense workout. I can pretty much feel every part of my body because of all of the stretching I do during a game. I wouldn't say I'm a good player yet, but I sure do have a blast.
In other blog posts I have written about eating healthy, going to the gym and even about the time I tried a personal trainer. I as approach 47 years of age I am paying more and more attention to my health. Simply being vegan is not enough for me. The exercise part is crucial. That's where racquetball comes in.
Racquetball is part of my overall health plan, and it's a blast. At least for me. I wanted to share about my love for racquetball for two reasons:
I know many folks who try their best to eat well, as I do, and don't like to exercise. I wanted to offer a way to exercise that could be a lot of fun. And believe me, you will get your heart rate up!
The second reason is because (and remember that I am not a doctor or nutritionist or anything close to that) I think that eating well combined with exercising a few times of week is the best for me. I feel better not only physically but mentally. I have a great time with a good friend. And I am sure that it is good for my heart and other parts of my body.
Want to play with more than one person? No problem. You can play with two, three or four people!
So check it out! Not every gym has a racquetball court but it shouldn't be too time consuming to find one. Most gyms have a racquet and balls that you can borrow. Eye protection would be good too!
Let me know what you think if you try it!
Thanks for reading!
2 comments:
Fun post! I've actually been looking to play racquetball recently, coincidentally. I used to play racquetball weekly with my good friend and roommate. Sadly and frustratingly, he killed himself about five years ago and I haven't played since.ReplyDelete
Next time I see you I'll be sure to try and organize a game. I'm sure I'm awful now, but I bet it'd be fun!
Great to read about your love of racquetball! For me, it is cycling. It is important for each of us to find the form of movement that brings us alive and to make time to do that. I completely agree that physical activity, combined with a whole-foods, vegan diet, is a great way to maximize our health and our happiness. Congratulations on resurrecting your passion for the game!ReplyDelete


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Love Story
An Ode to the White Handkerchief
Patterned pocket squares may enjoy the limelight but a plain handkerchief can be put to tougher tests
WHEN I WAS A BOY in my first blue blazer, I inherited my father's habit of wearing a pocket square. By the time I entered college, the simple piece of cloth—arranged with devil-may-care rakishness or origami exactitude—became a psychological necessity when dressing for a spring formal or a summer-job interview. To lack one was to feel slightly naked.
One day, 14 years ago, I was heading back to my office and crossed paths with a bird that was likewise returning from lunch. With pigeon droppings befouling my jacket, I deployed...


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Apparently there was a sale on brewing equipment this month.
That seems to be the most valid explanation for the fact that a handful of Ontario breweries all opted to up their capacity and production capabilities this past couple weeks by adding a considerable amount of volume to their respective brewing operations.
Toronto's Muddy York Brewing upped their capacity by 33% this week when they got in three new 7bbl (10hL) jacketed fermenters. Owner Jeff Manol tells me that this will give him the ability to lager things a bit more and do some bigger beers that can age (yay and yay). He hopes to have the new tanks in once they repaint their floors and finish the new glycol lines, and after that he says the company is set to build their taproom bar and hopefully have a tasting room open by June at the latest. Nice.
Left Field Brewery, also in Toronto, celebrated a fourth anniversary this month by not only coming to visit me (and other people) in London for an 11-tap takeover at Pub Milos, they also put in three 40bbl (40!) fermenters and a 40bbl brite tank–upping their game from five fermenters and one brite. NICE. Continue reading


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'Rising Dragon': Contemporary Chinese Photographs at San Jose Museum of Art
The organizing principle around Rising Dragon, on view now through June 30, 2013, at the San Jose Museum of Art, is to showcase Chinese photographs produced between the last two Years of the Dragon, which occurred in 2000 and 2012. While that's a perfectly fine curatorial framework, and the restricted timeframe is more than coincidentally relevant, the photographs in this show routinely transcend their shared vintage.
With more than 100 works by 36 artists from mainland China (sorry, Taiwan), the exhibition is a respectable introduction to contemporary Chinese photography. One of the first pictures we see is Spring by Huang Han, whose face is painted with flowering trees, mountains, and a small village, à la a traditional Chinese scroll painting. Han is one of several artists in the show whose body is his canvas, the other being Zhang Huan, who had a trio of calligraphers spend a day marking his face with family names and stories until his skin was jet black. For both artists, their place in Chinese society both informs and obscures their identity, although Huan literally comes to a darker conclusion than Han, as seen in the grid of nine progressive images of the artist's face called Family Tree.
Maleonn (Ma Liang), Days on the Cotton Candy No. 1, 2006.
Nearby are several photographs by an artist who calls himself Maleonn, which is the phonetic spelling of his full name, Ma Liang. His pictures tell stories through their mixture of cross-cultural allusions, surrealism, and unabashed goofiness, all of which translates well to those of us schooled in Western visual vocabularies. In Days on the Cotton Candy No. 1, a young woman stands in a yellow, claw-foot bathtub while appearing to vacuum white cotton-candy-like clouds from the air, as if tidying up. Next to her is Maleonn's Shanghai Boys, whose paramilitary costumes and eccentric poses amid purple stuffed reptiles seems a true hybrid of East and West.
Sponsored By
Another pair of storytellers are Liyu + Liubo, who riff on China's current crop of sensationalist tabloids, though they could just as easily be taking their inspiration from the breathless hysteria of Fox News or the bland improbability of The Onion. In each of the six examples on view, the artists concoct a deliberately bizarre headline (in one example, a thief chased until he crashes through the ceiling of an office building), and then illustrate the often silly results (the thief's legs dangle above a conference table, interrupting a meeting already in progress).
Liyu + Liubo, Escapee Dropped through the Floor, 2006.
Naturally, many artists in Rising Dragon are interested in making political statements, but certainly no more (or less) than you'd see on a tour of galleries in any US city. For example, O Zhang pairs political slogans or quotes by post-Mao leaders such as Deng Xiaoping ("Poverty Is Not Socialism") with photographs of, say, a middle-class girl in pigtails wearing a gaily lettered t-shirt that reads "Everything Is Shit." Then there's Liu Ren, whose Sleepwalker depicts Tiananmen Square filled with sheep.
My favorite artists in this marvelous show were probably Yao Lu and Li Lang, although their work could not be more different. Yao Lu is represented in the exhibition by two photographs, each resembling a traditional scroll painting. Upon closer inspection, though, we notice the mountains and land forms in the artist's photos are actually collages of mounds of garbage and debris that have been covered with green netting, a common sight in China, especially in and around large cities like Beijing.
Li Lang, Yi People #057, 2001.
For different reasons, I was surprisingly affected by Li Lang's modest, black-and-white photograph titled Yi People #057 from 2001. In it, three men of obviously limited means stand in front of a picturesque backdrop, as if they were having their portraits taken in their traditional garb. Instead, they are dressed in their street clothes, and we can see the lighting equipment for the photo shoot; clearly the artist is at once imposing artifice upon the viewer but also winking at its presence.
Sponsored By
But it was the look in the eyes of these men that got me. The first is older than the others, his weathered face, we imagine, revealing the suffering endured during the Cultural Revolution of the 1960s and '70s. In the center is a slighter younger man, who carries a 1980s boombox, dangles a cigarette from his lips and thinks he's a big deal in his clean, white basketball shoes. To his right is the youngest man, his eyes emptied (again, we imagine) by too much television coverage of people in Shanghai living high on the hog. His lot must be the toughest of the three -- he knows that a better, more prosperous China is out there for the taking, just not for him.
Rising Dragon runs through June 30, 2013, at San Jose Museum of Art. For more information, visit sjmusart.org.


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Memorable Seasons with Crop Paper Scissors is an Online Scrapbooking and Papercrafting Store. We're committed to providing quality customer service, the latest products, and at the best prices! The first week the product is in the store, it is automatically 25% off!! Don't see a product you are looking for? Contact us and we will do our best to get it for you!
Memorable Seasons will be offering their fabulous December Kit to one lucky particpant this month! Our first sketch of the month is coming later today, so come back soon! =) Maven Tiffany


text: Actress Parvathy Menon, who made her debut with the super hit Notebook, has a really big film coming up, titled Mariyaan. She is pairing opposite Dhanush in the movie Mariyaan which is based on fisher-folk and their way of living. Directed by Bharath Bala the actress is eagerly awaiting the release of the film, which is expected to push her ...Read More »


text: i am 99% sure that i am gonna order an avatar 1x15, now that they are available in a 4 ohm system (thanks to primus dude for ponting this out to me) i already have the 4x10 which i absolutely love, but it really needs some more low end at really high volume. i am probably going to go with the sub, that has no horn (i use the hartke 7000 bi-amped). this will ensurethat i never have to go through the PA system again... what does everybody think of their av 115? does it have a lot more lowend than the 4x10? low E & B strings at high volumes: any problems? any comments would be greatly appreciated! as always thanks guys!!!


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A 1930's Refrigerator.
Today, everyone has to have a refrigerator and maybe a deep freeze chest as well, they can't imagine living without one. The photo above is an example of the first refrigerator that I ever saw in about 1935-36 in the dairy farm shop at Sheephouse Farm, Maidenhead Court. My uncle and aunt purchased it so they could keep the milk, cream, butter and eggs for customers that wanted extra to their regular daily deliveries to their homes. Yes, even in those days, 365-7 was the norm, and the cows had to be milked twice a day.
As you can see in the photograph, the Freon gas compressor was mounted on the top of the unit, so that the surrounding air could readily cool the heat from the compressed gas. Prior to this milk was kept cool by standing the bottles in a tray of water and a cloth placed over the top with the ends in the water so as to keep the milk fairly cool.


text: Growing up in a small village with dreams of becoming a samurai, Taro never expected to be the target of a ninja attack. Mortally wounded, he is turned into a vampire by Shusaku and begins preparing for his new life, a process complicated by the revelation that Taro is a warlord's son and may be the one to end a deadly feud. Though the Japanese names may initially challenge readers, Lake's characters are well developed and natural, moving about the page and into readers' minds with grace. For all the life-shattering events that happen, however, Taro may seem somewhat too resilient to be true. Taro and Shusaku's discussions over honor and integrity are well constructed, even though the dialogue assumes a didactic tone. The abundance of swords, sneaking and slicing helps propel readers along despite the narrative's occasional slow moments. The dark cliffhanger leaves room for sequels, which will be appreciated by those vampire fans not inclined to follow more romantic bloodsuckers. (Horror. YA)


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Condominium And Apartments Developments H
Hargone Condotel in Jomtien
Building recently refurbished. Sample studio – 32 sq.m Bt700,000; 1 bedrooms 64 sq.m Bt.1.75 million; 2 bedrooms, 64 sq.m, 2 bathrooms, dimmer lights, kitchen, tiled floor, 2 A/C, 2 fans, Bt1.8 million
Completion :: 01 August 1990
Hyde Park Residence I Condominiums in Pratumnak
Located south of Pattaya and divided by Pratumnak Hill from the main part of the city, Jomtien Beach with its Palm Tree Boulevard and its fine sandy beach stretches as far as your eyes can see.
Jomtien is 'the place to have fun' for family vacationers and water sports enthusiasts.
It is foremost a residential area with a wide variety of beach ...
Completion :: 11 November 2008
Hyde Park Residence II Condominiums in Pratumnak
12 unit types, ranging from 39 sq.m. to 127 sq.m. 150 metres from the hill top of Phratumnak Hill's eastern slopes. Views over the Pattaya Bay. In-house design consultants. All condominiums and studios are designed to create an optimized lay out of the living space, convenient and spacious, with attention to details, high quality craftsmanship throughout. ...
Completion :: 01 November 2010
Page: 1 of 3 results


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This is my entry into Challenge#2 Snowflake @ My Besties International Challenge Blog
using Blakely Ann first snow day Img.
My first try at making a shadowbox card.
Tuesday, 27 January 2015
Snowflake Challenge
4 comments:
WOW this is so incredibly beautiful, the colours, the image, the card shape and all those amazing sparkly snowflakes, awesome make, thank you for sharing it with us at My Besties InternationalReplyDelete
lorraine x
Wow this is so beautiful! I love all the snowflakes and the soft colors. Fab design!ReplyDelete
Thank you for sharing with us at My Besties International and good luck!
Hugs, Sandra My Besties International DT
What a lovely card!!ReplyDelete
Greetings Marrie
DT member My Besties International .
Wow, this is absolutely gorgeous. What a great idea to make a shadow box. Your colors are perfect and that image is just adorable. Great job. Thank you for sharing at My Besties International Challenge.ReplyDelete
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Bow Ties Sydney, Australia - Le Noeud Papillon - Specialists In Self Tying Bow Ties
With over 1.7 million page views, Le Noeud Papillon's blog continues to provide lovers of bow ties with unique stories and content relating to menswear through interviews with industry icons and vignettes into topics relating to suits, shirts, shoes, ties, designers, weavers and much more.
To see the latest products we are working on, visit our online store on www.lenoeudpapillon.com
Want to search the blog for something or someone you've heard about? Use the search bar below to search for all related content.
Tuesday, December 27, 2011
The Skinny Batwing On Magnus Omme
This is our skinny batwing. We don't put it on the website, but looking at this tie, I think we should. Magnus is usually on the other side of the lens so it was nice to be able to get a good shot of him.
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text: Nickel Creek's Chris Thile will release a solo album, titled How to Grow a Woman From the Ground, on Sept. 12 on Sugar Hill Records. Intended as a return to Thile's bluegrass roots, the album features a young band of notable pickers, including Gabe Witcher, Noam Pikelny, Chris Eldridge and Greg Garrison. In addition to Thile's own compositions, other songwriters found on the album include Gillian Welch, Jack White and the late Jimmie Rodgers. Thile produced and recorded the album in New York City, where he now lives.