text:
In The Court of Appeals
Gaines Adams, Respondent,
H.R. Allen, Inc., CNA, and Zurich North America, Defendants,
Of whom H.R. Allen, Inc. and Zurich North America are Appellants,
and CNA is a Respondent.
Appeal from Greenville County
Edward W. Miller, Circuit Court Judge
Opinion No. 4967
Heard March 20, 2012 – Filed May 2, 2012
James Paul Newman Jr., Weston Adams III, Helen F. Hiser, and Erroll Anne Y. Hodges, all of Columbia, for Appellants.
Alan Randolph Cochran, of Greenville; James P. Newman and Andrew E. Haselden, both of Columbia, for Respondents.
PER CURIAM: Appellants, H.R. Allen, Inc. (Employer) and Zurich North America (Zurich), appeal from an order of the circuit court affirming the Workers' Compensation Commission's Appellate Panel's (Commission's) award of benefits to Respondent Gaines Adams.
Although Appellants raise six issues on appeal, the threshold issue of procedural due process is determinative. We hold procedural due process requires that the parties to a rehearing must be provided an opportunity to be heard and to confront and cross-examine witnesses. Accordingly, we vacate the circuit court's ruling and remand the case to the Commission to conduct a de novo hearing on the merits.
On March 15, 1999, Adams fell from a ladder, shattering a bone in his left heel.[1] Dr. Michael Tollison performed an ORIF—open reduction internal fixation. Adams returned to "light duty" on August 30, 1999. On December 17, 1999, Dr. Tollison determined Adams had reached maximum medical improvement (MMI) and discharged him with twenty-four percent impairment of the left foot. Dr. Tollison's progress note stated that in the future Adams "may require a subtalar joint fusion with tribal bone graft." Adams's work restrictions required him to avoid climbing ladders, walking on roofs, carrying heavy items, and working on scaffolds.[2]
Adams saw Dr. Tollison in 2001 for hypersensitivity in his left foot. Adams's condition improved; however, Dr. Tollison again noted that Adams likely would require subtalar joint fusion. Adams did not visit Dr. Tollison again until October 2006.
In July 2006, Employer assigned Adams to work part-time installing overhead lighting fixtures at a distribution center. On October 17, 2006, Adams returned to Dr. Tollison with increased pain and lack of mobility in his left ankle. Dr. Tollison diagnosed Adams as having left, post-traumatic hind foot arthritis; left, sural nerve neuralgia; traumatic arthropathy involving ankle and foot; and mononeuritis of the lower limb. Adams returned to work with additional permanent restrictions and a letter from Dr. Tollison that stated: "If employer has no work available according to these restrictions, it is up to the employer to release [Adams] from work." On October 26, 2006, Employer terminated Adams's employment, stating "no permanent light duty work [was] available."
On October 20, 2007, Adams filed a Form 50 contending he had sustained an accidental injury on October 26, 2006 due to "repetitive walking and standing on unlevel/hard surfaces." CNA denied that Adams's condition was caused by "a new accident"; asserted that compensability of any injury arising out of the March 1999 accident was barred; and stated CNA was not Employer's workers' compensation carrier on the date of Adams's alleged injury. Adams subsequently added Zurich, Employer's workers' compensation carrier from December 13, 2005 to December 13, 2006, as a defendant.
The single commissioner conducted a hearing on May 7, 2008. Following the hearing, the commissioner left the record open for Dr. Tollison's deposition. On June 16, 2008, the single commissioner ruled that Adams had sustained "a compensable injury, whether it is considered repetitive trauma culminating in the last injurious exposure on October 26, 2006[,] or whether this is considered a[n] October 26, 2006 on-the-job accident." The commissioner dismissed CNA and found Zurich liable to Adams for benefits related to the October 26, 2006 injury, including fusion surgery and temporary, total disability benefits following surgery.
After Zurich requested review of the single commissioner's decision, it became evident that the reporter's equipment had malfunctioned and portions of the hearing were inaudible. Adams asked the Commission to remand the case to the single commissioner "to retake such testimony as may be necessary to replicate the record." Thereafter, the Commission ordered: "[T]his matter is remanded to Commissioner Williams for rehearing."
The single commissioner conducted the rehearing on January 15, 2009. Each of the participants, with the exception of Adams, was given a copy of the original transcript. Shortly after Adams began testifying, Zurich's counsel repeatedly objected to testimony that it alleged was "outside the scope" of the original transcript. When CNA objected to Zurich's attempt to follow up on Adams's answer, Zurich explained: "But his answer wasn't the same as it was in the original."
Zurich asked the single commissioner for permission to question Adams's supervisor about a description of the working conditions that had been posed to Dr. Tollison during his deposition. The commissioner denied Zurich's request, stating:
The Single Commissioner: I'll deny that, obviously. I already issued a ruling in this case based on the evidence. And I heard the evidence at the last case, so I didn't need a transcript to make any ruling. So, I'm going to deny that motion right now.
Zurich: If we could just place that on the record, that we would like to have them address the hypothetical that the Claimant's own attorney gave after the hearing so we couldn't address it at the [first] hearing because he didn't give it until afterward.
The Single Commissioner: I'm going to deny that, obviously, because my ruling wasn't based on any of that. You can move on.
Following the rehearing, the single commissioner reissued the prior order. Zurich filed an application for review alleging numerous errors, including a contention that significant irregularities had occurred during the rehearing. On June 26, 2009, the Commission unanimously adopted the single commissioner's order; thereafter, the circuit court conducted a hearing and affirmed the Commission's order in its entirety. This appeal followed.
Did the Circuit Court err in upholding the hybrid manner in which the single commissioner conducted the rehearing?
Appellants contend they "were forced to repeat the question portion of the original hearing, but the witnesses were allowed to answer in any way they saw fit, often providing new testimony." Appellants argue that while Adams was allowed to answer questions freely, they were not allowed to ask "routine follow-up questions in response to new testimony." They assert this "hybrid manner" of conducting the rehearing was "at worst a violation of Appellant's due process rights and at best, highly unfair."
Adams contends that the trial court has discretion to adopt "the most effective method of reconstruction" of a transcript. He additionally contends, "Appellant[s] suffered no consequential prejudice."
Where portions of stenographic notes are lost prior to transcription, it is appropriate for the judge to accept affidavits of counsel and the court reporter to determine what transpired. China v. Parrott, 251 S.C. 329, 333-34, 162 S.E.2d 276, 278 (1968). However, the reconstructed record must allow for meaningful appellate review. State v. Ladson, 373 S.C. 320, 321, 644 S.E.2d 271, 271 (Ct. App. 2007). "A new trial is therefore appropriate if the appellant establishes that the incomplete nature of the transcript prevents the appellate court from conducting a meaningful appellate review." Id. at 325, 644 S.E.2d at 274 (citations and internal quotation marks omitted).
The South Carolina Constitution provides that in procedures before administrative agencies: "No person shall be finally bound by a judicial or quasi-judicial decision of an administrative agency affecting private rights except on due notice and an opportunity to be heard . . . ." Art. I, § 22 (2009 & Supp. 2011). The South Carolina Supreme Court has explained:
"Procedural due process requirements are not technical; no particular form of procedure is necessary. The United States Supreme Court has held, however, that at a minimum certain elements must be present. These include (1) adequate notice; (2) adequate opportunity for a hearing; (3) the right to introduce evidence; and (4) the right to confront and cross-examine witnesses."
In re Dickey, 395 S.C. 336, 360, 718 S.E.2d 739, 751 (2011) (quoting In re Vora, 354 S.C. 590, 595, 582 S.E.2d 413, 416 (2003)).
The Administrative Procedures Act (APA) requires that, in a contested case, all parties must be afforded the opportunity for a hearing. S.C. Code Ann. § 1-23-320(A) (2005 & Supp. 2011). The APA additionally requires: "Opportunity must be afforded all parties to respond and present evidence and argument on all issues involved." S.C. Code Ann. § 1-23-320(E) (2005 & Supp. 2011). Moreover, the APA provides that, in a contested case, "[a]ny party may conduct cross-examination." S.C. Code Ann. § 1-23-330(3) (2005).
In State v. Mouzon, the South Carolina Supreme Court distinguished between "trial errors, which are subject to harmless error analysis," and "structural defects in the constitution of the trial mechanism, which defy analysis by harmless error standards." 326 S.C. 199, 204, 485 S.E.2d 918, 921 (1997) (quoting Arizona v. Fulminante, 499 U.S. 279 (1991)). In LaSalle Bank Nat'l Ass'n v. Davidson, the court held that the failure of a judge to attend a mortgage foreclosure proceeding was a structural defect that violated the Appellants' "constitutional guarantee to procedural due process." 386 S.C. 276, 277, 688 S.E.2d 121, 121 (2009). There, the court ordered a new trial, stating: "The purported hearing was a nullity, and the resulting order must be vacated. The judge's absence from the hearing deprived the [Appellants] of the opportunity to be heard and, thus violated their constitutional guarantee of procedural due process." Id. at 281, 688 S.E.2d at 123; see also U.S. v. Marcus, 130 S. Ct. 2159, 2164 (2010) (stating that "certain errors, termed 'structural errors,' might 'affect substantial rights' regardless of their actual impact on an appellant's trial").
In this case, a comparison of the two transcripts supports Appellants' allegation that the rehearing allowed Adams an opportunity to "amplify" the responses he provided at the first hearing, while Appellants were not provided the opportunity to cross-examine Adams on new responses. We are concerned by the single commissioner's decision to provide all participants—except Adams—with a copy of the original transcript. In our view, the commissioner was required to treat all witnesses similarly. Had Adams been provided a copy of the original transcript, he—like the other witnesses—would have been in a position to read his transcribed responses and to complete the inaudible portions of the original testimony. Instead, Adams was provided the unique opportunity to "freely respond," while Appellants were not allowed to freely cross-examine him.
We agree with Appellants' contention that "the preferable options would have been to have reconstructed only the incomplete portions of the original transcript or to have remanded for an entirely new hearing." While we agree the trial court has discretion in determining how to reconstruct missing portions of a transcript, this discretion must lie within the limits required by procedural due process. Here, although the Commission ordered a rehearing, the single commissioner conducted the subsequent hearing in a hybrid manner that was neither a true rehearing of the matter on the merits nor a straight-forward reconstruction of the original transcript. Such a hybrid approach to rehearing constitutes a structural defect that cannot be reviewed under the harmless error standard. While we are mindful of the importance of judicial efficiency, we find the hybrid rehearing procedure in this case violated Appellants' right to procedural due process.[3]
Based on the foregoing, we vacate the circuit court's order and remand the case to the Commission to conduct a de novo hearing on the merits.
PIEPER, KONDUROS, and GEATHERS, JJ., concur.
[1] Any reference to a problem with Adams's right lower extremity is a scrivener's error; Adams sustained injuries to his left foot only.
[2] Respondent CNA was Employer's workers' compensation carrier, and this was an admitted accident.
[3] We decline to address Appellant's remaining issues on appeal. See Futch v. McAllister Towing of Georgetown, Inc., 335 S.C. 598, 613, 518 S.E.2d 591, 598 (1999) (holding an appellate court need not review remaining issues when its determination of a prior issue is dispositive of the appeal).


text:
Surrogate Court
197 Main Street
Cooperstown, NY 13326
Phone: 607-322-3150
Fax: 607-240-5966
Hours of Operation:
Mon. through Fri.
8:30 AM to 4:30 PM
(excluding state holidays)
(Closed 12:00 PM - 1:00 PM)
All visitors must pass through a magnetometer upon entering the courthouse.
Surrogate's Court has jurisdiction over affairs of decedents, including probate, intestate, small estate and ancillary proceedings, disputed claims, discovery proceedings, accountings, compromise and settlement of wrongful death actions, inter vivos and testamentary trusts and adoptions. Guardianships of the person and property of infants as well as Article 17A proceedings are also handles through this Court.
Records dating back to 1792 are on file in Surrogate's Court and are available to the general public.
Judges' Chambers
Hon. Brian D. Burns
Carol Klein
Law Clerk
Nathan Getman
County Court Chambers
Otsego County Office Building
197 Main St.
Cooperstown, NY 13326
Phone: 607-322-3170
Fax: 607-240-5964
Hon. John F. Lambert
Stacy Johansen
Law Clerk
Mark Oursler
Otsego County Office Building
197 Main St.
Cooperstown, NY 13326
Phone: 607-322-3175
Fax: 607-240-5965
Chief Clerk
Chief Clerk
Lisa Weite
Otsego County Office Building
197 Main St.
Cooperstown, NY13326
Phone: 607-322-3148
Fax: 607-240-5966

subset: commoncrawl


text:
Helpful Hints for completing the FAFSA and CSS/Financial Aid PROFILE
File for aid using the Free Application for Federal Student Aid (FAFSA) and CSS/Financial Aid PROFILE for the upcoming year as soon as possible after January 1.
Only undergraduate students need to complete the CSS/Financial Aid PROFILE.
A 529 plan is a state-operated investment plan designed to help families save for future college costs. All 50 states offer 529 plans. Texas' 529 plan is called Texas Tomorrow Fund.
How to report 529 plans on the FAFSA
Coverdell accounts are trusts created exclusively to pay the qualified education expenses of the designated beneficiary of the trust.
How to report Coverdell on the FAFSA
UGMA and UTMA are custodial accounts that allow parents to transfer assets to their minor children.
How to report UGMA and UTMA on the FAFSA


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We can help you choose the right products and solutions to extend operating life, reduce maintenance needs, improve energy efficiency, reduce Total Cost of Ownership, and more. We can also help you design in sensors to monitor position, load, temperature and vibration.
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Our offers include:
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text:
CARROLLTON, Ga. – Unable to string any hits together, the Georgia College baseball team (7-6) dropped a non-conference road game 8-1 at the University of West Georgia (10-4) Wednesday.
The Wolves posted two-run innings on four different occasions, including a three-inning stretch from the third-through-fifth.
The Bobcats posted their lone run of the game in the fifth, started by a one-out single from Taylor Hinshaw (Winder, Ga.). After another out, Hinshaw stole second, and came in to score on a two-out single by Rob Hogenkamp (St. Louis, Mo.).
Junior Patrick Olvaney (Alpharetta, Ga.) got the start, and the loss (0-1); going three innings and allowing two earned runs. UWG reliever Jonathon Black (2-1) got the win in 2 1/3 innings of action. West Georgia designated hitter T.J. Eifert was the lone multi-hit performer for either team, going 2-for-3 with two RBI and a run.
The Bobcats are back in action Saturday, March 2 at 1 p.m. traveling to No. 24 UNC Pembroke (12-3, 3-3 PBC) for doubleheader action. The Braves most recently beat Coker College 5-4 today.
The Georgia College Department of Athletics, two-time winners of the PBC Commissioner's Cup, sponsors 11 varsity athletic programs at the NCAA Division II level. As a Division II program, Bobcat Athletics prides itself on balancing the life of the student-athlete, evidenced by the teams' multiple appearances in post-season competition as well as documented academic success and community-service involvement. Sign up at www.twitter.com/BobcatSports and www.facebook.com/gcbobcats for up-to-the-minute reports, and visit www.GCBobcats.com for more information, and to nominate your favorite former Bobcats and Colonials to the GC Athletics Hall of Fame.


text:
Al Williamson, EC Comics great, classical comics illustrator, has died [Comics Reporter obit]
Posted 30 June 02010 - Permalink
Al Williamson, EC Comics great, classical comics illustrator, has died [Comics Reporter obit]
Posted 30 June 02010 - Permalink
"Correspondence between Steve Ditko and the Graphical Materials Librarian of the State Library of Pennsylvania William T. Fee regarding donations, [0]2008-[0]2009" is something you can see at the library [State Library of Pennsylvania Catalog] [via Ditko Comics]
A series of [16] letters [in a folder] beginning with a request from William T. Fee, the Graphical Materials Librarian at the State Library of Pennsylvania, to Steve Ditko, requesting a list of seminal works and/or donations of his material, sent December 12, 2008. After the first letter from Steve Ditko, dated December 29, 2008, all notes arrived accompanying donations. Letters from Ditko are pencilled, off-size notes, those from Fee are word processed but undated. Last letter, from Fee, was produced March 26, 2009. Additional notes relating to particular donations are housed with those items.
Posted 29 June 02010 - Permalink
Doctor Strange Sighting: New Avengers #1
The new New Avengers book, part of the Heroic Age Avengers book-burst, does currently involve some threatened "revamp" of Marvel Magic drawn by the wonderful Stuart Immonen, so it is definitely on the radar of this weblog, if only for some in a '99% rubbernecking how many cars might be in this next looming Bendis highway pile-up for Doctor Strange fans', '1% how the hope of the hardcore Doctor Strange fan springs eternal', kind of way.
Doctor Strange is possessed, mind-controlled, etc., early, quickly and off-panel, second after Son of Satan (that we know of) by the new looming mystical threat to this dimension. Bendis can't help but make Doc seriously and passively state over and over that Voodoo is the new Sorcerer Supreme (the saving grace was later, when everyone thought the Eye was still Doc's). Voodoo seems next- his fate is unknown but he apparently teleports the Eye of Agamotto into Luke Cage's lap for safekeeping. Possessed Doc and Hellstrom follow it to Luke Cage. The mysterious possessor seems very keen on possessing the Eye. Hijinx to follow.
Neilalien's judgment, as always, is reserved after merely one issue. The curiosity keys for him will be (a) if Doctor Strange is merely a drooling idiot or possessed pawn until the very end when someone else saves the day, (b) how devaluing-to-Doc the depiction of the Eye will be, if it is this tale's MacGuffin, how many untrained people will use it, what the dimensional threat needs it for, where on the continuum between 'powerful but still just a tool' and 'entity-unto-itself questing for and kingmaking a new Sorcerer Supreme again' will it fall, and (c) how the "Magic revamp" chips fall, what it is, how it ends. We shall see.
[New Avengers #2 solicit text; #3 solicit text]
Posted 28 June 02010 - Permalink
Fred Hembeck draws "Spider-Man Vs. The Sinister Six! (Plus One...)" [Hembeck.com]
Neilalien seconds the hope that Hembeck will get a chance to draw a tale paralleling Amazing Spider-Man Annual #2 with Doctor Strange.
Hembeck is currently selling Doc-including sketches on Ebay [#1, #2, #3]
Posted 27 June 02010 - Permalink
Wong grows weary of this, our dimension,
Due to Internet misapprehension.
His name, I'm afraid,
Gets his emails delayed--
People think they're for penile extension.
[Submitted by ADDTF]
Posted 26 June 02010 - Permalink
New column about abandoned and forsaken storylines debuts with one of the all-time whoppers: the undoing of Englehart's Doctor Strange world destruction/recreation Clea/Ben Franklin 'secret occult history of America' epic [Comic Book Resources]
Posted 25 June 02010 - Permalink
When Spider-Man's cupcake capers went horribly wrong [Bully Says: Comics Oughta Be Fun]
Posted 24 June 02010 - Permalink
Marvel Studios has hired Thomas Donnelly and Joshua Oppenheimer (Conan) to write Dr. Strange [Deadline] [Comic Book Resources] [A.V. Club]
Report that Patrick Dempsey wants to play Doctor Strange pretty much entirely full of crap [A.V. Club]
Old and resurrected Bleeding Cool/Arne Starr whispers dissed.
Posted 23 June 02010 - Permalink
Doctor Strange had some marital tension
With sweet Clea from the Dark Dimension-
She left him to rule there,
With "Strange" and new flame hair,
And now she gets barely a mention.
[Submitted by Brendan]
Posted 22 June 02010 - Permalink
None better than Ditko in all the lands
Could draw angled bodies, scared eyes, and hands;
Otherworldly places;
And stern heroes without faces
Imbued with the mind-set of Rand's.
Posted 21 June 02010 - Permalink
So Swamp Thing was published by Vertigo
Which mature readers found quite neat-o:
But when the sales did drop,
And the series did stop,
"Back to the DCU!" said DiDio.
[Submitted by Progressive Ruin]
Played by an Australian actor,
Empowered with a healing factor.
Violent without pause,
Possessed of claws-
His height a wee bit compacter.
[Submitted by Matt Heslin]
Posted 20 June 02010 - Permalink
There once was a servant named Wong
Whose dick was enormously long.
Built-in kung-fu fighting bar;
Stirred tea from afar;
From anywhere he reached the ritual gong.
Posted 19 June 02010 - Permalink
The Ancient One was sex-friends
With an old crone from Athens.
When the question was placed,
How her privates did taste,
He said with a shrug, "Depends."
Posted 18 June 02010 - Permalink
Doctor Strange granted Clea a treasure:
Watoomb's Wand, its worth far beyond measure.
In her chamber she'd stay,
Using it night and day,
For she found it was ribbed for her pleasure.
[Submitted by Sanctum]
Posted 17 June 02010 - Permalink
There once was a Doctor Druid
Who found he could no longer "do it".
He complained with a fume:
"When they renamed me from Droom
It drained all my seminal fluid."
Posted 16 June 02010 - Permalink
I sent Neilalien a link,
Of a Doctor Strange poster in fluorescent ink.
Customized in 3 dimensions,
For full-on cosmic intentions-
Yet I heard nothing, not even a wink.
[Submitted by Alex]
Rectifying the situation: Fan takes his Doctor Strange Third Eye blacklight poster to 4th Floor Framing in Williamsburg, Brooklyn for conversion into awesome 3-D paper art! [Ursula 1000 1st pic, 2nd pic]
Posted 15 June 02010 - Permalink
When Clea's love was finally dead,
Doc turned to hookers in her stead.
The girls they please
But now when he pees
It burns like Dormammu's head.
Posted 14 June 02010 - Permalink
A surgeon who was once all the rage,
Doctor Strange became a powerful mage.
When asked by Dormammu
What else he could do-
Doc replied, "Dude, I also don't age."
Please help Neilalien test out a new email address (and be advised that he has a new email address) by emailing love and limericks of your own (but please not spam) to: webmaster -at- this domain.
Posted 13 June 02010 - Permalink
The Brave and the Bold: Batman and Doctor Strange [The Brave and the Bold: The Lost Issues] [via io9]
Lovenote to closing comic shop The Bookie- and to a childhood of comics- by creator Matt Dembicki [Powell's Books]
The Art of Ditko reviewed: "An inferior presentation of superior material." [Four Realities]
Ditko rocks out Machine Man #10 [Diversions of the Groovy Kind]
Marvel announces unprecedented same-day Direct-Market/dead-tree and iPad/digital release of a comic book, Invincible Iron Man Annual #1; some see the future of comics, some see the end of comic shops [PR at Comic Book Resources] [Robot 6 reaction roundup]
The Death of Dracula out 30 June: Dracula to die again; book will "explain and organize the vampire universe for future use"; "new paradigm" for Marvel [Bleeding Cool]
Remember that time Dracula died and Doctor Strange was involved?
Night Nurse and the Struggle to Address Non-Mainstream Culture [Hero Sandwich]
No one knew what to do with a progressive series written by a woman and starring a strong female character, except cancel it.
Short-Lived Series Shows Comics Struggled with Strong Female Characters [Texas Tech News]
The Alpha-Male Origins of the Marvel Universe [Popularity Contest]
Everything You Always Wanted to Know About the Marvel Universe* (*But Were Afraid to Ask Stan Lee) [Bully Says: Comics Oughta Be Fun!] [via LinkMachineGo]
Love the one-panel origins from Spidey Super-Stories.
Three Arguments About Comics We Could Be Having [Comics Reporter]
1. Does Reprinting Archival Comics Material Have A Moral Component? 2. Why Are So Many Direct Market Comics Shops Still Female Unfriendly? 3. What Are All These Superhero Comics Really Saying? [Two More]
10 Things Superhero Comics Do Better Than Any Other Genre in Any Other Storytelling Form [Comiks Debris] [via ADDTF]
The X-Men are broken because they aren't a special human minority anymore [The Hurting]
Interesting points re: if mutants "breed true" and can no longer have normal human children, and the storytelling implications of going from millions of mutants to 198.
The Periodic Table Of Super-Powers [Comics Alliance]
The Reoccurring Prop Newspaper [/Film]
Update/More: The Story Behind the Recycled Newspaper Prop [Brow Beat/Slate]
Posted 7 June 02010 - Permalink
A Doctor Strange Fansite
A Comic Book Weblog/Portal
A Steve Ditko Fansite
A Mysterious Palindrome
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text: Hey Craig. No MVPD subscription required! Bert -------------------------------------- http://www.eetimes.com/author.asp?section_id=36 Oh No! What Now? Max Maxfield, Designline Editor 7/17/2013 04:56 PM EDT Have you ever got to the end of a television season you are really enjoying and thought to yourself "Oh no! What now?"? I have several friends who never watch broadcast television. Some of them use a television set to show DVDs -- but some don't own a television set at all. By comparison, we (my wife, son, and I) have a television set in just about every room in the house. I'm not particularly proud of this, you understand -- that's just the way things are. The bottom line is that I love doing a lot of things, including reading books, creating weird and wonderful electronic projects, working with ceramics, and playing with my kiln. But I have to admit that I also spend a lot of time watching television. My current favorite programs include Doctor Who, The Big Bang Theory, Storage Wars, Pawn Stars, Masterpiece Theater, and the Antiques Roadshow, to name but a few. So, as I mentioned earlier, what happens when you reach the end of a current season? It could be six months, nine months, or even longer before the next season starts. What are you going to do until then? Household chores? Ugh! Well, I just heard from my chum Jude Fiorillo, who obviously watches too much television himself. As you may recall, Jude and his friends are the little scamps behind CPUBoss.com, GPUBoss.com, SSDBoss.com, and PhoneRocket.com, so I have no idea how they find any time to watch television in the first place. Jude tells me that he and his "gang" have been slogging away, creating a new website called Televisor.com. It seems that their systems collects millions of user-submitted TV ratings from sites around the web in order to harness the wisdom of crowds and analyze what shows have fans in common. All you have to do is to enter the name of one of your favorite shows in the "Find me a show to watch like..." field as illustrated below: [Graphic of Televisor search UI] Their system then personalizes a list of TV recommendations for other shows it thinks you will like, together with trailers, IMDB info, and streaming sources, all in one place. The system further interprets and adapts its recommendations to your likes and dislikes as you interact with the site. I couldn't help myself, I immediately bounced over to Televisor.com and entered Babylon 5 just to see what would happen. The results were pretty impressive, involving a mix of some of my favorite science fiction series along with some I'd never even heard of before -- a few of which looked very interesting indeed. Then I started venturing further afield. In some cases, I wasn't too sure of the system's recommendations, but the great thing is that you can use the "Thumbs-Up" and "Thumbs-Down" icons associated with each offering to say whether you like it or not, and the system uses this to personalize your results. I'm assuming that it gets better and better over time the more you interact with it. The only problem is that this is somewhat addictive, because you keep on discovering more and more programs with which you are unfamiliar, but about which you want to learn more. Speaking of which, I just ran across a series called Angel from 1999 that I never saw, but the trailer looks brilliant -- I'm going to download the pilot to my iPad this evening and check it out! Is it just that I'm easily led? What about you? Why don't you take a look at Televisor.com and poke around for a couple of minutes and then post a comment below to let the rest of us know what you think. ---------------------------------------------------------------------- You can UNSUBSCRIBE from the OpenDTV list in two ways: - Using the UNSUBSCRIBE command in your user configuration settings at FreeLists.org - By sending a message to: opendtv-request@xxxxxxxxxxxxx with the word unsubscribe in the subject line.


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Found 10 resultsAuthor [ Title] Type Year
Filters: Author is Wang, Ying-Ping [Clear All Filters]
Comprehensive ecosystem model-data synthesis using multiple data sets at two temperate forest free-air CO 2 enrichment experiments: Model performance at ambient CO 2 concentration. Journal of Geophysical Research: Biogeosciences. 119(5):937-964.. 2014.
Evaluation of 11 terrestrial carbon-nitrogen cycle models against observations from two temperate Free-Air CO 2 Enrichment studies. New Phytologist. 202(3):803-822.. 2014.
Forest water use and water use efficiency at elevated CO 2 : a model-data intercomparison at two contrasting temperate forest FACE sites. Global Change Biology. 19(6):1759-1779.. 2013.
Global patterns and climate drivers of water-use efficiency in terrestrial ecosystems deduced from satellite-based datasets and carbon cycle models. Global Ecology and Biogeography. 25(3):311-323.. 2016.
Predicting long-term carbon sequestration in response to CO 2 enrichment: How and why do current ecosystem models differ? Global Biogeochemical Cycles. 29(4):476-495.. 2015.
Transient dynamics of terrestrial carbon storage: mathematical foundation and its applications. Biogeosciences. 14(1):145-161.. 2017.
Transit times and mean ages for nonautonomous and autonomous compartmental systems. Journal of Mathematical Biology. 73(6-7):1379-1398.. 2016.
Using ecosystem experiments to improve vegetation models. Nature Climate Change. 5(6):528-534.. 2015.
Using models to guide field experiments: a priori predictions for the CO 2 response of a nutrient- and water-limited native Eucalypt woodland. Global Change Biology. 22(8):2834-2851.. 2016.


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It is not easy to keep up with the house when the kids are home all day, schooling, working on some project, or playing. One place you might try to keep beautiful is your room, a place to run (I mean that literally sometimes) when everything else is a mess. Make your bed every morning. It only takes 60 seconds. Put clothes in drawers, and keep top of bureau paper and clutter free. (as much as possible) It makes dusting easier. Get a decorative box, portable file. or make the top drawer for your papers and stuff. Put a basket on the floor next to your bed for your books, etc. Do you like your curtains and bed covering? Add a few simple changes like a new throw rug, new finial (its an ornament that hangs on the end of the ceiling fan chain), silk greenery, and a few simple silk flowers. I found an inexpensive silk tree and put tiny white lights on it. Try fabric store for sales. Make it sparkle by cleaning the windows and blinds. Dusting doesn't take long although I avoid it.
Spring is here and the kids will be slowing down to little or no school for the summer. Think about making plans to make your room an enjoyable refuge.
Cooking, herbs, gardening, sewing, flower arrangement, building, decorating, and more!
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An easy dusting way is to use an old sock (perferably the thicker kind that guys wear) it's easy to do corners and etc with this and miniblinds!
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Hey Tabz, do you just wear it on your hand? That sounds like a great idea!
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I've just moved jobs and company policy is to not allow Administrator access tp PCs. A system administrator has installed the FW utils for me and they seem to be working. However the keyboard is not detected. If I unplug/replug my TS I get the usual HID device messages and everything else is working fine.
Any ideas, bearing in mind that I cannot install/uninstall hardware or drivers?
This is not the end of the world as the keyboard is usable and I could configure it at home at a pinch.


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"Used for bases. Upgrade & repair with a construction tool & iron. Upgrade more with concrete mix & others."
No one has uploaded any screenshots of this yet, why not share some of yours?
Can be upgraded to Scrap Iron Wedge Inside Corner Bottom with 40 Iron using one of Claw Hammer, Nailgun, Stone Axe, Taza's Stone Axe, Wrench .
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Up and Down Sox are .500 After First Dozen Games
As the White Sox head out to Seattle and Oakland for three games each with the Mariners and A's, we're a .500 team. Not so horrible, I guess, but losing three of four at home to the Orioles makes it feel much worse. Especially since we were in every game and raised everyone's expectations by taking two of three from the Tigers to open the homestand.
There were certainly positive signs in the Baltimore series as Adam Dunn and Alex Rios both had clutch hits (something rare a year ago), Paulie is Paulie and Jake Peavy is heading into 2007 territory when he won the Cy Young with the Padres. That said, Gavin Floyd (above) left a lot to be desired on the mound, the offense is striking out way too much and either not getting on base enough or leaving too many aboard. In yesterday's game, the South Siders struck out 16 times and left the bases loaded three times. Certainly not something to build on.
The good news is that we're only 12 games into the season. The next 150 will determine whether or not we're more than a .500 team.


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- Product Information
Bella Solids by Moda FabricsAdditional Information
Product Type Yardage Fabric Collection Bella Solids, Shades of Black, Simply Color, Simply Style Fabric Manufacturer Moda Fabrics Theme Basics, Solids Fabric Type 100% Cotton Fabric Width 44/45" Image Scale 8" x 8" swatch of fabric
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Disclaimer: Colors shown here are not guaranteed to match the above product and are intended as a guide.
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Black Bella Solids Layer Cake
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1930s Colors Bella Solids Layer Cake
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Your home decor comes to life with the charming elegance of the Doyle lamp. With a rich gold-tone base, it creates a luxe look that suits your everyday style. Perfectly placed on a side table in your dining room or on a table to light your foyer, its cross cut design gives any space an upgrade. It even has a shantung shade (characterized by its wide, bell shape) that creates a lovely ambiance whenever you switch it on.
Please Note: Do not cover bulbs. Do not attempt to repair or replace components. Contact professional service. Do not expose the light fitting to influences that could be harmful to it. Carry out cleaning and maintenance only if switched off.
A good lighting scheme is arguably the most important aspect of decorating and the most powerful way to define a room's ambiance. Choosing the right types of lighting requires knowing a little something about the different purposes lighting can serve, the types of lamps and shades available, what some technical terms mean, and how to tailor a lighting scheme to your specific room and needs.
Table lamps are perhaps the most common type of lamp used today. They generally range in height from 25" to 32", and they often serve double roles as task lighting and accent lighting. Because of this, most people choose to use medium-watt, soft-light bulbs in their table lamps. When choosing a table lamp, the shade needs to be in proportion to the lamp's base, as well as with the surrounding furniture. The shade should be at eye level when you're seated, and the bulb should not be visible. Generally speaking, shorter lamps should be placed on taller tables, and taller lamps should be placed on shorter tables. This will help keep everything in room balanced and at eye level.
Types of lighting: Lighting falls into three categories: ambient, task and accent lighting. Well-lit rooms feature a combination of the three, allowing you to be comfortable without squinting or straining your eyes. The number and types of fixtures will vary with your room sizes, décor and personal preferences.
You have the perfect lamp and you've carefully chosen a shade for it, but what kind of light bulb should you choose? You may not think much about light bulbs, but the kind you choose has the greatest impact on the overall effect and effectiveness of your lamp. Many people make the mistake of buying a light bulb more powerful than they need for a particular lamp. This unfortunately can make a lamp so intense or distracting that it is rarely used. The simple solution to this problem is to use a smaller bulb. Most table and accent lamps require no more than a 60-watt bulb, even if they are rated for something much higher. While it's very important to never exceed the recommended bulb wattage for a lamp, there is nothing wrong with using a less-powerful bulb.
Aside from wattage, there are other factors to consider when choosing a light bulb. Light bulbs come in four basic types: incandescent, fluorescent, compact fluorescent and halogen.
A name synonymous with elegance and luxury, Waterford was founded in 1783 by George and William Penrose in the ancient Viking city of Waterford. From the start, the principle that has guided the company for more than 200 years is simple: handcraft crystal "as fine as any in Europe...in the most elegant style."
The Penrose family knew the secret to mixing just the right minerals and glass to produce crystal with beautiful and mysterious qualities. When tapped, it sang sweetly. When touched, it felt warm and soft. The magnificent pieces crafted in Waterford's early period set the standards now recognized as the hallmarks of Waterford Crystal.
Today, Waterford is the world's top producer of fine crystal, and continues to be the brand of choice for the most elegant of table settings and luxury lifestyle accoutrement.
The Classic Collection
Bring centuries of tradition into your home with Waterford Crystal - a luxurious collection of traditional and contemporary tabletop items from one of Europe's most iconic brands. Handcrafted in Europe using high-quality crystal, each Waterford piece will add elegance and prestige to your home.
Marquis by Waterford
Discover attainable luxuries from Marquis by Waterford - an exquisite collection of traditional and contemporary tabletop items for your home. Built upon centuries of tradition, Waterford's most affordable collection contains designs crafted from crystal and Crystalline, a premium glass construction offering the same weight and clarity of lead crystal.
House of Waterford
Add a breathtaking, ageless elegance to any room with Waterford's premier collection - House of Waterford. Built upon centuries of tradition, House of Waterford offers meticulously and superbly crafted fine crystal from Ireland. Every piece in the collection exudes exquisite quality and a luxurious aesthetic reminiscent of the designs admired in the most renowned museums.ABOUT THE GUESTS
Tom Brennan - Waterford Crystal Spokesperson & Master Artisan
Tom Brennan was born to be a Waterford artisan. Like his father, he was raised in Waterford City, Ireland where he dreamed of continuing his family's legacy of fine crystal craftsmanship. Beginning with a simple apprenticeship in 1986, Tom moved through the ranks to become both master artisan and brand ambassador.
Jorge Perez - Entertaining and Lifestyle ExpertCelebrity spokesperson and arbiter of style, Jorge Perez is a renowned Cuban-American fashion designer and luxury tabletop lifestyle expert.
A wedding industry tour-du-force, Jorge has spent many years adding his sparkle to Waterford events around the United States and Canada. His distinctive experience has landed him on many well-known television shows where he happily shares his passion for the brand's fine crystal.
Jorge has been a Waterford guest on EVINE Live for the past 7 years demonstrating how easy it is entertain with sparkle and style.


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Leveraging IT Capabilities and Competitive Process Capabilities for Interorganizational Relationship Portfolio Management
Regents' Professor and the Harkins Chair in Information Systems
Robinson College of Business
Georgia State University
October 30, 2009
Alter Hall 405, 1000am – 1130am
Firms are increasingly dependent on external resources and are establishing portfolios of interorganizational relationships (IRs) to leverage them for competitive advantage. However, the system of IT and process capabilities that firms should establish to dynamically manage IR portfolios are not well understood. We draw on the competitive dynamics perspective and resource dependency theory, and on the literatures on IT business value, interorganizational systems and interorganizational relationship management, to theorize how key IT structural capabilities (IT integration and IT reconfiguration) and competitive process capabilities (process alignment, partnering flexibility and offering flexibility) operate as a system of complements. We also theorize why a firm's IR portfolio moderates the effects of the structural IT capabilities on the competitive process capabilities, and why a firm's environmental turbulence moderates the effects of complementary process capabilities on competitive performance. We test our model using survey data from 318 firms in four industries. Our results provide broad support for the position that IT and process capabilities are interdependent and operate as a system of complements, that the relationship between the structural IT capabilities and the competitive process capabilities is contingent on IR portfolio concentration, and that the competitive advantage derived from the complements of competitive process capabilities is contingent on environmental turbulence. We discuss the theoretical and practical implications of how firms should develop a complementary system of IT structural capabilities and competitive process capabilities to dynamically manage IR portfolios and leverage external resources.
For a copy of the complete paper, please send an email to firstname.lastname@example.com


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Couple of weeks ago I walked past an electronics store on my way to work in midtown and saw a sign in the window: Going out of Business. I didn't pay it any mind because that's the kind of sign you always see in those store windows. Except then the place closed. And it got me thinking, you don't see rip-off electronic/camera shops around much anymore, do you?
[Photo Via: Retro New York]


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I've got a VPS with Debian running on it. I connect to it using SSH and configure it in a console mode.
Now I want to install some graphical interface to it and use my VPS in graphical mode from my PC.
What free software could you advice me? It will be laggy, won't it?


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Welcome to my blog!
Hello my lovely readers!
I'm super excited to be launching my HELLO! Online blog and I hope you will enjoy reading about my fun and busy life…
The launch of CBB is a thing of the past and I am loving the cast. Les and Janice Battersby from my favourite soap Coronation Street are in, along with a guy I secretly had a crush on when I was younger, Dustin Diamond AKA Screech from Saved by the Bell. I think it was his curly hair that did it. Curls gets the girls! (Unfortunately Dustin now has a shaved head but I still can't wait to see him in the house).
I like to call myself a fitness fanatic as I enjoy going to gym classes and leading an active lifestyle but with the launch of Celebrity Big Brother this week I've been rushed off my feet. As a result I've skipped the gym and done what I call, 'The 100 Workout' each morning. It consists of 40 jumping jacks followed by 30 crunches, 20 squats and then 10 push ups. That's literally it. It takes less than 10 minutes and I read on @justenejaros Instagram that it burns 100 calories. Happy days!
My diet is also really important to me, but when I'm on the go all the time trying to eat healthy can be hard. My energy levels have to be high so I've been trying this lovely little detox called Nosh. It sounds funny but it's great. They tailor make a diet plan for you and deliver it straight to your door each day ready to eat. And it's delicious. Their fresh fruit smoothies are the best but their website shows the full range – noshdetox.com.
Here's a quick cold pasta salad I love when I'm not on a detox: olives, tortellini, Parma ham, rocket and a drizzle of fresh lemon juice. Bung it all together and voila! You've got the perfect, healthy, quick dish. Anything for an easy life, eh?!
When I'm travelling around for events I always like to keep myself busy with either a good book or my favourite tunes on my iPod.
I'm currently reading Birdsong by Sebastian Folks. My boyfriend bought it me it yonks ago but I've only just got into it and so far so good. As he's a primary school teacher, I'm hoping he gives me a gold star when I've completed it.
Hope you have all enjoyed a great bank holiday weekend – here's to a great 4 day week and see you next week
Tags: Books, Celebrity Big Brother, Diet, Fitness, Food, TV presenting


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The Government's Cyber Security Strategy remains too fixated on high-level 'macro' security issues and fails to offer enough new investment in consumer safety, cyber-policing or the need to boost the capacity of university courses, John Colley of security organisation (ISC)2 has argued.
Earlier this week, Cabinet Office minister Francis Maude offered an overview on the first year of the Government's £650 million four-year investment to defend the nation's infrastructure and business from the huge rise in online threats.
While praising initiatives such as the Cyber Security Research Institute, the expansion of education should have been made a far bigger spending priority, said Colley.
"The information security workforce will need to double in the next five years," said Colley. "Where are all these people going to come from? If you look at the breakdown, education gets the smallest investment."
The Strategy was heavily influenced by the 'world according to GCHQ', which had too big an input into its content and spending priorities.
As to the challenge of creating a deeper security culture by educating the public and investing in the policing necessary to aid that, the Strategy had little to say. The sums earmarked for policing in particular was far below the scale of the problem, said Colley.
At times Maude's statement sounded like a headmaster delivering a school report, full of aspiration and good intentions but light on defined progress, he added.
"The major focus seems to be on influencing the elite and developing intelligence. It is not enough and is out of step with how the management of society's information security risk must evolve."
Others were critical of the Strategy's half-hearted plan to create a UK Computer Emergency Response Team (CERT) of the sort that already exists in many other countries.
"The creation of a cyber-reserve and a UK Computer Emergency Response Team (CERT) does not go far enough. The level of threat continues to grow at a pace that cannot be met through part time action," commented Ernst & Young's director of information security, Mark Brown.
This resource had to become full time, he argued.
"A reserve force, made up of retired information security professionals, runs the risk of being unable to keep pace with the changing technologies and risk mitigation practices necessary to maintain a strong defence."
There is certainly plenty of heat and light in the Government's Strategy. As well as the national CERT with its Cyber Reserve and the Cyber Security Research Institute, the plans talks up the work of HMRC's Cyber Crime Team, the CISP (cyber-security information sharing partnership) between Government and business and, not forgetting, the much-lauded Police Central e-Crime Unit (PCeU).
Balancing the reservations of some, the Government's plans have also received plenty of support, albeit mostly from vendors in the security elite that will deliver the services as part of lucrative contracts. As ever, security is a business – a big one.
"When we look back in five years' time we will see that the government's strategy has provided a catalyst for a series of innovative and useful activities, particularly around how industry can respond to and protect itself from cyber incidents – most notably the recent Cyber Incident Response Scheme announced by GCHQ," said BAE Systems Detica managing director, Martin Sutherland.
"Nonetheless, there is still a long way to go before we can say that we are successfully countering cyber threats."


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Brother unveils 'fastest' laser printer
Brother claims that its latest office-grade printer is the fastest in the west... er... in its class. The DCP-9045CDN is a beast of a machine and has several key features built into its frame to make the chore of refilling the printer tray slightly more fun.
The DCP-9045CDN: much more than mono-tone prints
The printer accommodates almost an entire tree worth of paper, or 500 sheets, into the optional heavy-duty tray and you may need it because this baby churns out up to 20 pages per minute in either colour or mono. As with many printers, the toner cartridges are located at the front for ease of access and Brother said users will get up to 2500 pages from a single black cartridge and 1500 sheets from a cyan, magenta and yellow.
A USB port is built in, allowing users to print files, such as PDFs or JPEGs, directly from a USB stick without the need for a PC or laptop. Its PictBridge compatibility, an industry standard for direct printing, also allows images to be printed directly from digital cameras via the USB.
Brother claims you needn't worry about anyone looking at your private prints, unless you leave them on the out tray that is, as the DCP-9045CDN has Secure Socket Layer technology built in, which is a cryptographic protocol to ensure secure communications during data transfers.
Lift up its lid, and the printer also has a scanner flatbed that provides up to 1200 x 2400dpi optical resolution or 19,2000 x 19,200dpi interpolated resolution..
The DCP-9045CDN will be available in the UK from next month for £535 (€580/$1,070).
Sponsored: What next after Netezza?


text: A daily life in Florida blog. Welcome to summer time in Florida! There are two words for summer in Florida for those who are living here on a daily basis. WE ENDURE THE Grueling Heat from late April to late September or early October. This is the season we are really who we are and down to earth. It is the season we sweat like it is. Honestly, it is also the season we get cheaper rates because the snowbirds are not here. It is our Florida season = summer .


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I am writing to simply say good riddance to Eric Shinseki, the United States Secretary of Veterans Affairs, upon his resignation over substandard timely care and false records in a number of VA hospitals.
There were incidents of a "seven-month waiting list" at 28 VA facilities, one of which resulted in a Navy veteran dying after never getting follow-up urgent care.
President Barack Obama claimed he did not know of the VA malfeasance, although the Government Accountability Office published a report in December 2012, "VA Health Care: Reliability of Reported Outpatient Medical Appointment Wait Times and Scheduling Oversight Need Improvement."
The VA is an exemplar of the unaccountable bureaucracy of the socialist paradise of health care. I am proposing a new monument in Arlington Cemetery: The Tomb of the Unknown Patient to honor veterans who died awaiting treatment.
Joseph N. Manago


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1. General
1.1 Written offers, deliveries and services shall be provided including for future business transactions exclusively according to the following terms. Objections will be raised against any deviating conditions and particularly concerning conditions of purchase. Such conditions are only valid with respect to us if we have confirmed any such deviation in writing.
1.2 Sales prospectuses, price lists, offer documents or other documentation do not provide any guarantee in the sense of paragraph 443 of the German Civil Code. We reserve the right, as required, to change the descriptions of goods and/or to correct any errors and no liability shall arise for damage in these cases.
1.3 The buyer shall be obligated to hold in strict confidence all contract documents, specifications and price lists and to only use such documents within the framework of his business activities. The delivery terms replace all other agreements, which were made prior to this by the Contracting Parties either in writing or verbally.
2. Ordering
2.1 Orders only lead to the conclusion of a contract if they are accepted in writing within three weeks after receipt.
2.2 The buyer is solely responsible for the contents and in particular for the preciseness of his order. The buyer shall provide, without any request, all required information in a reasonable time and in particular in the case of items made to order.
3. Prices
3.1 The delivery prices are based on the particular current price list of the supplier and, if no other agreements are made, include packing and the valid value-added tax if such tax is to be collected.
4. Payments, Offsetting and Membership in an Association
4.1 If no differing written agreements have been concluded, invoices are due for payment within 30 (thirty) days after the invoice date without discount using a bank transfer. The crediting of the amount to our accounts is definitive for the fulfillment of the time limit.
4.2 Any declaration concerning offsetting and/or the exercise of the right of retention shall only be permissible if the counterclaim is indefeasible or if it is undisputed both with respect to the reason and the amount.
4.3 If the payment transactions are handled through an association or a central settlement office, then payments by the buyer to the association shall only have the effect of discharging the debt to us if the association or the settlement office pays these amounts to us.
5. Delivery Dates
5.1 Delivery dates are basically nonbinding. Firm dates and deadlines shall only be valid after express written confirmation.
5.2 The supplier shall be entitled to make delivery before the delivery date, which has been agreed on. In addition, performance by successive installments is permissible in a reasonable scope.
5.3 If a delivery date, which has been agreed on, is not met, then the buyer is to set an additional period of time of at least three weeks before he may assert claims based on the law on default in performance or on a warranty.
5.4 Warnings based on delay concerning the delivery must grant the supplier a time limit of at least three weeks for the delivery.
5.5 If the delay in delivery is not the responsibility of the supplier, then the delivery time limit shall be extended by a reasonable time, but the buyer shall not be entitled to derive any rights from this. However, if the hindrance lasts longer than three months, then the buyer shall be entitled to withdraw from the contract according to paragraphs 5.3 and 5.4 after the setting of a reasonable additional period of time
6. Returned Goods
6.1 Returned goods and in particular for goods used for exhibits are basically excluded from warranty claims for defects.
7. Bearing of the Risk, Requirement to make Notice of Defects and Duty to Examine
7.1 The delivery shall be made as desired by the purchaser to the delivery address provided by the purchaser.
7.2 If nothing to the contrary has been agreed on with the customer, the delivery shall be made ex works. The risk shall pass to the purchaser as soon as the shipment is transferred to the freight carrier or for the purpose of shipment the delivery has left the plant grounds. If the shipment is delayed due to a request from the purchaser, then the risk shall pass to the purchaser upon the notification that the goods are ready for shipment.
7.3 The buyer or recipient designated by the buyer must have any transport damage or partial delivery promptly certified by the carrier. The purchaser shall also be obligated to promptly examine the goods delivered in the sense of paragraphs 377 and 378 of the German Commercial Code and if necessary by taking random samples. Obvious defects and damage are to be promptly and specifically reported in writing and defects and damage, which are not immediately obvious, are to be reported in writing promptly and specifically after their discovery.
8. Retention of Title
8.1 Up until the complete payment for the delivery and settlement of all liabilities, to which the supplier company is entitled, from the existing business relationship due to any legal reason against the buyer now or in the future including all claims for payment of the balance from a current account, the supplier reserves the right to retention of title to the goods delivered. The seller shall release goods upon demand according to his choice if the value of such goods exceeds the debt claims sustainably by more than 20 (twenty) percent.
8.2 The buyer shall be entitled to sell the goods as part of the ordinary course of business. Processing or reconstructing shall be done for the supplier as the manufacturer, but this shall be without any obligation for him. If the ownership or joint ownership by the supplier firm expires due to connection or processing, then it is herewith agreed that the ownership or joint ownership of the buyer on the uniform object shall pass to the supplier as a proportional value in the amount of the invoice for the goods delivered. The holding in safe custody of the joint property shall be at no charge.
8.3 The supplier shall have the right to reclaim the entire goods or reclaim a part of the goods or to pick up the goods, to sell them or to otherwise dispose of them if the payment obligations of the buyer to the supplier company are not completely fulfilled. The reclaiming shall not be considered as withdrawal from the contract. The buyer herewith assigns all claims from the reselling of the goods to the supplier according to the provisions of paragraph 8.1 sentence 2. The assignment shall apply to all debt claims due to other legal reasons and in particular shall apply to insurance benefits or claims for damages to the conditional goods, to which the buyer is entitled against the particular obligated party. The supplier herewith accepts the assignment.
8.4 Pledging or assignment as collateral shall not be permissible. If the goods are seized or other legal actions concerning the goods are taken by a third party, then the buyer shall promptly notify the supplier and shall provide the required documents to the supplier along with such notification and other documents requested by the supplier. If this obligation is violated, then the supplier shall be entitled to have the claims for surrendering by the buyer against third parties assigned to the supplier. All costs, which result from a violation of these provisions, shall be borne by the buyer.
9. Warranty, Indemnity
9.1 The supplier shall be liable for defects in quality and defects in title as of the passing of the risk for a period of two years with the exception of the provisions of paragraph 634a section 1 No. 2 of the German Civil Code.
9.2 In the case of a defect in quality, the supplier may choose between the right to subsequent performance by means of remedy of the defect or a substitute delivery. Only after subsequent fulfillment fails, which may be assumed only after two subsequent fulfillment attempts fail, does the Buyer have the right to demand a reduction of the purchase price or withdraw from the contract.
9.3 Claims for damages and claims for reimbursement of expenses, regardless of the legal reason, and in particular due to the violation of obligations from the relation under the law on obligations, delay and unauthorized actions are excluded. This shall not apply if liability is compulsory such as according to the Product Liability Law, in cases of wrongful intent, gross negligence, due to loss of life, bodily injury or harm to health or due to a material breach of contract. Any claims concerning a material breach of contract shall be limited to contract-typical and foreseeable damages unless wrongful intention or gross negligence exists or liability exists due to the loss of life, bodily injury or harm to health . No change to the burden of proof to the disadvantage of the buyer is connected with the above provisions. If claims for damages are to be granted due to delay or in place of the delivery then compensation is to be paid for every completed week of delay and this is to amount to 0.5 percent, but in total a maximum of five percent of the net price for that part of the delivery, which could not be placed in operation for its intended purpose, unless the buyer can show the occurrence of higher damages.
9.4 Claims of the buyer according to paragraph 478 of the German Civil Code shall basically not be affected. Before the buyer may settle a claim for damages from an end consumer, he shall inform the supplier and provide him with the opportunity to remedy an error or eliminate damage. If this is not possible or corresponding information has failed, then the obligation to render compensation by the supplier shall be limited to the required expenditures, which the buyer has incurred within the limits of the cost price without a profit markup and such expenditures must be proven. The supplier is entitled to choose between providing the buyer with an adequate other counter-performance for example in the form of special discounts, exhibit discounts or other compensation. If such damage is compensated as part of the product liability insurance, then the amount of the claim for damages is to be limited to the actually provided insurance benefit.
9.5 The buyer is prohibited from assigning claims from defaults in performance or warranties to a third party and in particular to the end consumer.
9.6 An exclusion of liability, which applies to us, shall also apply to our employees and to vicarious agents, which are working for us.
10. Governing Law and Place of Jurisdiction
10.1 This Agreement shall be solely governed by and construed under German law. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.
10.2 The place of performance is the registered office of the supplier company or alternatively the location of the passing of risk.
10.3 In addition, the Contracting Parties agree to the exclusive place of jurisdiction as the registered office of the supplier company. The supplier reserves the right however to file a lawsuit with the court, which has jurisdiction for the buyer.
Status as of March 2005.


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Q&A with Mimi Hodgins
Related Links
2004 UCSD Triton Racer of the Year Mimi Hodgins looks to continue her success on the Women's Cross Country team. Through four meets this year, Hodgins has placed as the top individual racer in all four events while UCSD has finished first in both of its home meets. Hodgins, a senior Anthropology major at Eleanor Roosevelt college, will try to continue the her amazing start to the final year of her Triton cross country experience as the team travels to San Francisco for the CCAA Championships on October 22nd.
Q: How would you evaluate the start of the season, both personally and in a team sense?
HODGINS: I would say we're doing awesome. We have the best team we've ever had and I'm personally having the best season I've ever had. I feel great and hopefully it continues.
Q: The CCAA Championships are on the 22nd in
HODGINS: I think we do if we all have our good days and pull together. I think it's definitely a possibility.
Q: What tactics does Coach Ted Van Arsdale use to motivate you and the team?
HODGINS: We've been really working on a team aspect this year. Trying to work a lot together as a team by doing runs together, work-outs together. We have certain training paces so some days that's not possible, but for the most part we're really working the team dynamic so we can pull together.
Q: Are there any team tactics used in the events themselves?
HODGINS: Yes. Such as our
Q: In what area have you improved the most since your first year of cross country at UCSD?
HODGINS: Summer training, which has always in the past been really hard for me. I've finally, in the last two years, gotten that under control a lot. Everything just falls together as you get older and more mature.
Q: Do you feel the more training you do over the summer the better prepared you are for the season?
HODGINS: Yes, definitely. How much work you put in the summer is definitely going to show, not only in cross country, but also in track.
Q: As you just mentioned, in addition to the cross country team, you're also a member of the track-and-field team and last year went to Nationals where you finished with the second fastest time in the 800-meter race. Do you have a preference between cross-country and track-and-field?
HODGINS: Well, I like cross-country in that it's a team sport. Obviously, I think I can use my best skills during track. I'm more built as a track runner, but I love the team dynamic of cross country.
Q: Other than UCSD, do you have a favorite place to compete?
HODGINS: I like to compete in the National championships.
Q: What's the biggest difference between
HODGINS: I like it a lot more here. The team is a lot better. I like being independent and doing my own thing.
Q: What are your plans following this year?
HODGINS: I plan on trying to get sponsored professionally, maybe by Nike, or maybe running for Team
Q: What is your greatest cross-country memory?
HODGINS: I think it would have to be last weekend when I won at our home meet.
Q: Do you envision continuing running, whether it be competitively or at leisure?
HODGINS: Yeah, I think so. I've been running since I was six years old, so I'll think I'll be doing it for awhile.
Q: How did you get started running?
HODGINS: Well, I started running because I was really energetic. I'm number five out of six kids and my parents needed to do something with me to make me sleep at night. We saw an ad for a club track team in the mall. My mom signed me up and I've been doing track-and-field since I was six.
Q: Have you participated in any other sports, aside from cross country and track?
HODGINS: I played soccer from kindergarten until my sophomore year in high school, but it was too hard on my knees and I was better at running so I did that.
Q: In your final year as a Triton, do you have any specific goals that you'd like to see the team achieve?
HODGINS: I'd really like the cross country team to get a top-eight finish at Nationals. I think we're good enough and we've had a history of not performing at the level we were predicated to run at the Nationals race. I think it would be really great if we all pulled together at Nationals and got a top-8. That would give another berth to our region, so instead of taking three to Nationals they could take a fourth team.
Q: And this is a very realistic goal?
HODGINS: I think so and I think it would be a great gift to give to the next team in our region.
Q: What are your personal feelings as your successful collegiate cross country career nears an end?
HODGINS: It's been a great trip. I started out just 'I think want to do this.' I hit a real low my sophomore year when I got really sick with ulcers. It's just been a constant improvement, just figuring out who I am. Running is just something that has matured as I've matured and it's just been cool to see.
Q: What word would you use to describe your time at UCSD?
HODGINS: Insane.
Heather Sugg (Women's Soccer) - October 11, 2005
Laura Watkins (Women's Volleyball) - September 28, 2005
Kevin Murray (Men's Soccer) - September 20, 2005
Carl Lostrom (Men's Cross Country) - September 13, 2005
Clark Petersen (Men's Water Polo) - September 6, 2005


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A fashion tuxedo is simply a men's tuxedo that is a longer cut than the traditional 2 button and 3 button tuxedo A fashion tuxedo generally has a longer jacket than a traditional tuxedo and is all the rage these days! A fashion tuxedo can sometimes be compared with a zoot suit because of its long jacket.
A fashion tuxedo comes in a 4 or 5 button jacket complete with satin trim just like the more traditional 2 and 3 button tuxedos that you are most familiar with. A 4 button tuxedo is just the right choice for someone that needs to stand out above the crown at a formal or black tie event. A fashion tuxedo will definitely get you noticed and remembered even if the crowd is large. The long jacket of the fashion tuxedo exudes class and elegance at any occasion and will have you looking your best!
A fashion tuxedo is just what its name implies, a tuxedo that separates itself from the normal tuxedo. For instance, any color tuxedo aside from white and black tuxedos could be considered a fashion tuxedo for its break from the norm. A royal blue tuxedo is certainly considered a fashion tuxedo because it breaks away from the traditional colors. Bright color tuxedos have become popular these days and can be seen at many formal events. The traditional colors of tuxedos have given way to all the colors of the rainbow! Red tuxedos are very popular this year and will continue to be one of the most popular colors for upcoming formal events. Nowadays, no one is limited to the traditional black and white tuxedos of the past. Virtually any color you can think of for a suit can also be found in a tuxedo. A fashion tuxedo is just what you need to be formal and express your individual personality at any formal event.
If you are in the mood for a very long tuxedo jacket for your formal event, a zoot suit tuxedo may be just what you are looking for! A zoot tuxedo has a jacket that comes down to the knee or even below the knee depending on how long you want the jacket to be as you walk down the aisle or make your entrance in style.
A zoot suit tuxedo is considered a fashion tuxedo by any standard and can be worn in all of the circumstances that a traditional tuxedo can be worn. A fashion tuxedo lets those in attendance know that you are the main attraction and should be the center of their attention. A fashion tuxedo sets you apart from the crowd with its long flowing jacket and looks fabulous. A fashion tuxedo can look its most elegant if you dress it up with many of the accessories available for all tuxedos. A polished look can only be accomplished with the accessories that can dress up your fashion tuxedo for a million dollar look.
A tuxedo shirt is a basic necessity when wearing a tuxedo and should be chosen carefully. The tuxedo shirt comes in a variety of styles just like any other shirt and should accentuate your fashion tuxedo look. No matter which shirt you choose to pair with your tuxedo you will have to consider what type of tie you will be wearing with your fashion tuxedo. A fashion tuxedo can be worn with a bow tie or a straight long traditional tie. No matter which tie you decide to go with make sure that you explore all of your many options. All ties, now matter if it is a bow tie or a long tie, come in a variety of materials, colors and patterns. Make a statement with whichever tie you choose for your fashion tuxedo!,br>
A fashion tuxedo is sometimes referred to as a zoot suit because of the long jacket length. A fashion tuxedo generally has satin trim whereas a zoot suit does not. Also, a zoot suit is sometimes worn for a fashion suit when the need arises. So as you can see the fashion tuxedo can take on many forms but is always a great way to make an entrance at any black tie or formal event!


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Director: Tim Burton
Writers: Sam Hamm, Warren Skaaren
I've never really been a Burton kinda guy. Truth be told, I've never really seen the hype around the director. This may be due to the fact I've yet to see his most acclaimed films (The Nightmare before Christmas and Sweeney Todd), but besides Beetlejuice and Batman there really hasn't been a project of his I've really enjoyed. Most Batman fans today right-off the Burton and Schumacher films as being overly stylised, ridiculously campy, and far too different to the Batman that graced the pages of Detective Comics. While there are certainly some glaring errors with these films (Batman's capacity for killing being one of them), I feel as though they're attacked unfairly, especially 89'. You don't have to look far to see great things with this film; Elfman's score, the beautifully stylised Gotham City, and the performances of Michael Keaton and Jack Nicholson to name but a few.
Tim Burton's Batman is one of those films I can't help but adore. Despite its flaws of adapting some of the source material to screen, Burton's vision along with Elfman's iconic score gave us a truly memorable comic book movie. Keaton (who is to this day my favourite live-action Batman), portrayed The Caped Crusader in a fantastic way, combining a sense of anger with the calm and calculating nature we know Batman to be from the comic books.
While Keaton's casting as the titular character was at the time controversial, his portrayal was easily a highlight for many in the audience. His entrance as Batman was both intimidating and fearsome, adapting the Batman from the comics that many audiences were yet to be exposed to at the time; a Batman who was dark, brooding, and relied on fear to strike terror into the hearts of criminals. Not only was his Batman dark and fearsome, his Bruce Wayne was charming and very likeable, and this couldn't be any more apparent when Vicki Vale and the billionaire meet for the first time in the Wayne Manor armoury.
The supporting cast all do fantastically in their respective roles. Kim Bassinger makes for a fantastic Viki Vale, while Michael Gough puts in a splendid performance as Bruce's loyal butler Alfred. It's a shame then that with these two key supporting cast members so key to the Batman mythos are given the respect they deserve, but Commissioner Gordon is reduced to a clueless officer that appears to have little to non of the qualities that the Gordon from the comic books had. Pat Hingle is a more than capable actor, but here I feel he was definitely miss-cast. I mean what happened Gordon? All those years of Green Beret training waste away on a twinky addiction?
Besides that one hiccup casting wise and writing wise, most of the characters are recreated faithfully, one of them being non-other than the iconic Batman villain: The Joker. Perhaps the highlight of this film to many who saw 89', Jack Nicholson was cast as the clown prince of crime and he puts in a great performance. He possesses most of Joker's notable traits, being able to kill without remorse while being able to crack a joke or pun, and admittedly I found myself laughing at many of his lines (I'll embed a video of one scene in particular). He combines sinister with humour very well, and I enjoy every moment he's on screen. In particular the scene where Napier awakes as the Joker is one of the most sinister and brilliant moments of all the Batman mythos, the cackling laughter of the man once known as Jack Napier echoing through the grungy backdrop of the surgeon's work station. Truly terrifying.
It seems that my only problems with this film arise from the changes made to certain aspects of the Bat-mythos, but they only dampen my enjoyment of the film slightly. The first decision in terms of writing that I really don't understand was the decision to make Jack Napier (The Joker), the murderer of Bruce's parents. It just feels slightly contrived and convoluted, and quite honestly shouldn't have been added to the story. Joe Chill is the murderer of Bruce's parents; THAT'S how it always should be. I digress though, because the terrific performances of Keaton and Nicholson manages to make me overlook this glaring error, but there is one more thing that aggravates me here, and that is the fact that Batman kills in this film. Nothing more prominent in Batman's war on crime is his no killing rule, the rule that he is determined to never break and will always strive to never cross that line. However, there are multiple occasions where Batman kills in this films sadly, (although in one of the instances it has been argued that the thugs managed to survive) and I find that hard to overlook.
Despite these two flaws that Bat-fans pick up on the most, there is so much to love about this film, from Keaton's performance to Elfman's iconic score, it all meshes perfectly to give us a fantastic film that Batman fans of most ages should be able to enjoy and appreciate, no matter their opinions on Burton or the liberties it takes with adapting the Bat-mythos to screen. While this may not be my favourite Batman film, many of the elements in it bring it close to being so, and I'd highly recommend for any fan reading this to give it another chance. Put Nolan's interpretation at the back of your mind, and watch the film that defined Batman for a generation.
Rating: 9/10


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Out for justice
After the death of her mother at the hands of accused courthouse shooter Bartholomew Granger, Deborah Ray Holst said what she'll miss most about her mother, Minnie Ray Sebolt, was cooking some of the finest holiday meals in all of Southeast Texas.
"This past November, I had to do it alone," she said in an exclusive interview with The Examiner. "I had never done it by myself. Me and her always did it together."
Granger is accused of opening fire on the Jefferson County Courthouse on March 14, 2012, after his daughter and ex-wives testified against him in a sexual assault trial. Sebolt was cut down at the courthouse doors, an innocent bystander who was helping her friend, Vickie Hollingsworth, get VA benefits after the death of Hollingsworth's husband.
"She just loved to help people," Hollingsworth said in Tuesday's testimony in Galveston.
Holst said her childhood in Deweyville, Texas, was one of ranch-style living and self-sufficiency, no matter the odds.
"They always had some type of business," she said. "We raised horses, chickens and cattle. I wore cowboy boots up until I was 16 years old. That was the first time I wore a dress."
When money was tight — and even when it wasn't — Holst said her mother was always up to something.
"She drove a dump truck and a school bus for a while," she said.
Holst said her mother was a pillar of her Deweyville community, helping neighbors with their income taxes, business deals and running a notary-public right from her Deweyville home.
"She was extremely resourceful," Holst said. "She didn't think there was anything thing she couldn't do."
Her business savvy mother was also a thrill seeker, Holst said.
"She was 79 going on 30," she said. "She bungee jumped in November. In June, my son was paying for us to go to Colorado to go white water rafting."
With her mother now gone at the hands of a murderous gunman, Holst said forgiveness might be hard to come by.
"I know the Lord says we're supposed to, but as of this moment, I can't do that," she said. "I can't because I see my mother as so vibrant, but just like a light switch, she was turned off. I mean, she could've lived another 20 or 30 more years. She was actually older than both of her parents when they passed away. What he took cannot be replaced."
Granger pleaded not guilty to the capital murder charge stemming from Sebolt's death. The trial is expected to continue into next week, and jurors could begin deliberations as soon as Monday, April 29.
After watching Granger the past three days in Galveston, Holst is unrelenting in her pleas for justice. If convicted, Holst said she will demand the death penalty from prosecutors.
"He has no remorse," Holst said. "If he is convicted, and they give him the death penalty, I'll be there with my mother's picture, and her face and my face would be the last thing he ever saw."
For more on the trial, click here: http://theexaminer.com/stories/news/day-three-testimony-granger-trial


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"Absolutely Fabulous" Returns to Logo with the Debut of an All-New Special to Commemorate the 20th Anniversary of the Series at 10:30 PM/9:30c
Premieres Following New Episodes of "RuPaul's Drag Race" at 9 PM/8c and "Untucked!: RuPaul's Drag Race" at 10:00 PM/9c
NEW YORK, NY - January 18, 2012 - One is not enough, sweetie darling! Patsy and Edina return for another "Absolutely Fabulous" special on Logo! The second of three new "Absolutely Fabulous" 20th Anniversary Specials will have its U.S. premiere Monday, February 6, 10:30 PM/9:30c on Logo.
In the last "Absolutely Fabulous" special, Patsy and Edina had (hardly) succeeded in reinventing their "Identity" for the 21st century. In the newest special, titled "Job," Edina takes on a celebrity client who wants to sing. When Edina discovers how awful her client's voice really is, she'll need to recruit some help from her other clients, Emma Bunton from the "Spice Girls" and Lulu, to help prepare the client for her upcoming debut
Twenty years ago the world was introduced to Edina (aka Eddy), Patsy (aka Pats) and Saffron (aka Saffy). It has never been quite the same. Eddy "PR'd things." She was into every new fad and fashion imaginable and was often to be found at the bottom of a champagne glass, actually more likely a bottle. Not much has changed. Her best friend Patsy worked in magazines and lived the high life. She still does. Eddy's daughter Saffy was hard-working, all but ignored by her mother and hated by Patsy. Eddy's mother was and is, well, her mother.
The "Absolutely Fabulous" 20th Anniversary specials are written by and starring Jennifer Saunders ("Edina Monsoon"), with Joanna Lumley ("Patsy Stone"), Julia Sawalha ("Saffy Monsoon"), Jane Horrocks ("Bubble") and June Whitfield ("Mother") returning in their iconic roles.
"Absolutely" Fabulous is a Saunders and French production for BBC, co-produced by BBC AMERICA and Logo.
To get the latest news about "Absolutely Fabulous" visit Logo's Facebook page, go to LogoTV.com and follow @LogoTV and #AbFab.
Logo is the entertainment network for savvy and trendsetting adult viewers from Viacom (NYSE: VIA, VIAB). Launched in 2005, Logo's cable channel is in nearly 50 million homes across the United States and is complemented by a federation of online properties, including LogoTV.com, NewNowNext.com, AfterEllen.com, AfterElton.com, and DowneLink.com. Logo's content is distributed across allleading download-to-own, streaming and mobile services. Logo celebrates one-of-a-kind personalities, unconventional stories and discovering what's next - all through a mix of original and acquired entertainment that's outrageous, smart, and inclusive. Logo is part of Viacom Media Networks' roster of popular and highly targeted brands which include MTV, Comedy Central, VH1 and Spike TV.


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After Donald Trump urged Russia to find Hillary Clinton's deleted emails, there was a 76-percent spike in people searching the word "treason" on Merriam-Webster's website, NBC News reported.
Trump and his campaign have said he wasn't encouraging anyone to hack into anything, though he did say at one point Wednesday, "Russia, if you're listening, I hope you're able to find the 30,000 emails that are missing."
There is nothing to hack into now as the clintonemail.com server was decommissioned long ago. Trump seemed to be saying, if anyone did hack into it in the past and still has the e-mails it contained, turn them over.
But suppose he was urging a foreign government to hack a political candidate? Would that be a crime?
According to Carlton Larson, a professor at the University of California at Davis School of Law and one of the nation's few experts on the law of treason, what Trump said "does not amount to treason." Only a country or entity that has declared war or is in a state of open war constitutes an enemy, Larson said.