text:
An Interview with Matt Frazier
of No Meat Athlete
I religiously follow his blog, so when I caught up with Matt last week and got to ask him a few questions, I was more than excited. He even shared his favorite vegan recipe with us! Check out what he had to say below and be sure to visit No Meat Athlete and have a look!
Matt Frazier: WelI, I was really into running marathons when I decided to go vegetarian. It was mainly for ethical reasons, but I was concerned that it was going to be tough or even impossible to keep improving as a runner without eating meat. That's what most people assume if they haven't done any research, and I was no different.
So I started looking for information. I hadn't heard of Scott Jurek or Brendan Brazier or anybody like that, but once I started to see that there were pro athletes at the highest level who chose a plant-based diet, I thought it was strange that there was very little in the way of online community built around this idea of doing sports without eating meat.
That, to me, was an opportunity to start something cool, and something I would find useful. I actually didn't plan on No Meat Athlete being a blog at first; I had hoped to build a community site where vegetarian athletes could share recipes and training stories and support each other. But I figured I'd blog about my experiences to build an audience until I had the money to build a site like I envisioned. And then the blog kind of took off on its own. So I guess you could say it's one big sidetrack!
FV: We love the running carrot logo. Where did it come from?
MF: Thanks! My sister made the very first carrot logo. I have zero talent for drawing, so I asked her draw me a simple logo to convey that No Meat Athlete was about feeling great and having fun, not militant or in-your-face or any of the things that I associated with vegetarianism before I was a vegetarian myself.
I got the idea that people would like No Meat Athlete shirts even if they didn't even know what the blog was, kind of like the brand Life is Good. People just like wearing that slogan to show that they believe in this philosophy, so that's the feel I told her to go for with the logo.
There were a bunch of other fruits and vegetables that didn't make the cut. I almost went with a tomato. :)
FV: Could you share your favorite vegan recipe with us?
MF: Sure! Here's one that I like to eat the night before a race, for carbo-loading. It's also a great example of how being vegan helps you discover different kinds of foods -- in the U.S., we'd never think of adding potatoes to a pasta dish, but this is a traditional Italian recipe (minus the cheese) where it works wonderfully.
Pasta with Pesto, Potatoes, and Green Beans
Pesto Ingredients:
2 cups fresh basil (one large bunch)
1 clove garlic, peeled
1/3 cup good-quality olive oil
1/3 cup raw almonds (walnuts or pine nuts work too)
2 Tbsp lemon juice
1 Tbsp almond milk
sea salt to taste
To make the pesto: Combine basil, nuts, garlic, lemon juice and a pinch of salt in a food processor. Pulse until it's a coarse paste. With the machine running, drizzle in olive oil and let it process until the mixture is relatively smooth. Adjust taste with salt. Before adding to the pasta, stir in the almond milk to loosen it a bit.
Pasta Ingredients:
1 lb whole wheat pasta
4 or 5 medium-small boiling potatoes, peeled and cut into 1-inch chunks
1 cup fresh green beans, trimmed and cut into one-inch lengths
1 pesto recipe, above
Place the potatoes in a large pot (you'll be using it for the pasta, too) and fill with as much water as you'd use to make pasta. The potatoes should be covered with a few inches of water. Generously salt the water, then bring to a boil. When the potatoes are close to being tender (usually takes around 8-10 minutes), add the green beans and allow them to cook. When the green beans and potatoes are tender (another 3-5 minutes), remove them with a slotted spoon and transfer to a separate bowl. Cover with foil to keep warm. Put the pasta in the boiling water and cook until al dente.
Place the pasta, potatoes, and green beans in a large bowl. Mix in the pesto to coat everything. Serve with salt, pepper, and lemon juice to taste.
MF: Asheville is such an amazing city! We absolutely love it here. Once No Meat Athlete became my job and we realized we were pretty mobile, we wanted to go somewhere that was a better fit for our lifestyle than where we were living, which was the suburbs in Maryland.
I had heard that Asheville was this funky, progressive, super vegan-friendly city in the mountains of western North Carolina, and it kept popping up on those lists of "Happiest Places to Live" and things like that. So after our plans to move across the country fell through at the last minute, my wife and I just said, "How about Asheville?" Two days later I drove the nine hours down here to check it out. We loved it, and about a month later we moved!
I've honestly found Asheville to be even more vegan-friendly than the better known veg-friendly places like Portland, Austin, or San Francisco. The local food movement is huge here, and that helps. There are even two local tempeh producers, and it seems like every restaurant has a tempeh reuben or something similar, even if it's not a vegetarian restaurant. I'm putting on some weight as a result, which is a good thing in my eyes.
FV: What is your favorite part about the NMA website? Do you prefer to blog about running or being vegetarian/ vegan?
MF: The best part of NMA, for me, is that it helps people who are brand new to running, or thinking about being vegetarian but are on the fence thinking it just won't work in their life, which is where I was for several years. Without a doubt, getting thank-you emails from people, where you can just sense in their writing how enthusiastic and optimistic they about about their first race or their new plant-based diet has got to be the best part.
I think I like writing posts about vegan/vegetarian topics the most. (By the way, I'm vegan, but I write most of the content on the site about vegetarianism because I think that's an easier step for people who are curious to try it out.) People are always so excited to share those posts with their friends who don't understand their choice to not eat animals, so they're fun to write.
MF: Congratulations on your 5k! The first thing I tell new runners, especially those who like the idea of running but hate how it actually feels, is to slow down. I used to hate everything about running, going all the way back to when we had to run in practice for sports team or run the mile in gym class. What got me to start enjoying it was when I realized that you don't need to finish every run feeling completely winded.
If next time you go out to run, you deliberately slow down by a whole minute (or even two) per mile, it becomes so much more enjoyable. You can think about your surroundings, listen to what your body is telling you, and generally relax instead of being all stressed and out of breath. And when you finish your run, knowing you could keep going if you wanted, that's a powerful feeling. Hard workouts have their place if you're trying to get faster, but if you just want to develop the habit of running, slow down and you'll enjoy it a lot more.
FV: You seem super friendly and laid-back...tell us the one thing that really gets you worked up.
MF: Hmm ... well I'm glad I seem that way. :) Truthfully, there's really not much that I get upset about. For the year or so after college when I had a corporate, 9-to-5 job, I got upset about that, pretty much every night when I thought about having to spend another day doing something that wasn't fulfilling. I'm lucky to have had people who encouraged me to do what I enjoyed and trust that somehow I'd support myself with it.
And I get upset when I am reminded of the way we as a culture treat the animals that are destined to become our food. I understand that some farmers do everything in as humane a manner as possible, but when I see video or read accounts of the worst parts of factory farming, of course it upsets me. But I try to channel that anger into something positive that in some way helps more people consider a vegetarian or vegan lifestyle, and I'm grateful to have a platform where it will reach people.
FV: What's your jam when you run?
MF: I wish I had a cooler answer to this, but mostly I listen to the same bands I listened to in high school and college. So Death Cab for Cutie, Weezer, Saves the Day, Nada Surf ... and sometimes I'll get really lame and listen to an audiobook on long runs. Anything that will help me zone out works then; I try not to get too pumped up when I know I'm going to be running for two or three hours. Otherwise I get tired too quickly.
FV: What is the hardest challenge related to running and/or plant based eating that you've had to overcome?
MF: By far, the hardest part for me has been staying motivated as a runner after I achieved the goals that motivated me for so long. From Day 1 as a runner, I wanted to qualify for the Boston Marathon. It took me over seven years to do it, and it was amazing. But once I didn't have that super-inspiring target to focus on anymore, it became a lot harder to get myself out the door for a run.
I ran two 50-milers in the next year, and those gave me back that feeling of motivation that I had lost. But once I had done that, it was like, what's next? Certainly there are much longer races I could train for, but I don't know that I really want to spend as many hours as it takes to run a 100-miler or something like that. Training to run a faster marathon, like breaking three hours, could be really fun, but it's something I haven't yet found the drive to do.
So that's the hardest part, and I'm still struggling with it, though much less than at the worst point. As for being vegan, it's been shockingly easy to get used to! It feels great, cravings were short-lived, and now that I'm in a vegan-friendly city, it's even easier.
FV: Ultimate goal for NMA?
MF: I'd still like it to one day become the community that I envisioned at the very beginning. Only that will exist in addition to the blog side of it, not instead of. I actually think that will happen pretty soon; I recently met a guy who I think will be able to build what I'm imagining.
I also really want NMA to become more about this movement than about me, so that it reaches more people and features perspectives other than my own. I'm starting to make the shift towards having other writers share their stories and advice on the site. I still plan to write once or twice a week, about as often as I do now, but I think it'd be amazing if we had enough content to post something great every day.
And as it happens, a lot of excellent bloggers have started to approach me about guest-posting, so it has worked out well so far.
For more with Matt check out:


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"Pizza" di Carne
Serves 6 to 8 people
Here is a tasty, ingenious ground beef dish that looks and tastes like a pizza but has no dough. It has the traditional elements of an Italian Pizza Margherita: tomatoes, mozzarella, and oregano. But here they provide the topping for a ground beef mixture. It is basically a round, flat meat loaf topped with pizza seasoning. This dish can be served as part of a buffet, as a hearty appetizer, or for a light lunch along with a salad.
15 minutes to prepare
35 minutes from start to finish
2 slices white bread
2 tablespoons whole milk
1 pound ground beef
1/2 cup freshly grated pecorino romano
2 tablespoons plain fine dry bread crumbs
2 large eggs
2 ounces pancetta, thinly sliced
Freshly ground black pepper
Butter for the baking dish
3/4 cup drained canned whole
peeled tomatoes, coarsely chopped
4 ounces fresh mozzarella
2 tablespoons shredded fresh basil leaves
1/2 teaspoon dried whole oregano leaves
1. Preheat the oven to 425 degrees F.
2. Cut the crusts from the bread. Put the bread and milk in a small bowl and mash the bread with your hands to get a smooth paste. Transfer it to a large mixing bowl and add the beef, pecorino, bread crumbs, and eggs.
3. Chop the pancetta and add it to the bowl. Season lightly with salt and pepper. Mix everything together thoroughly with your hands.
4. Butter the bottom and sides of a pie dish approximately 10 inches in diameter. Put in the ground beef mixture and spread it out evenly with your hands. Cover with the tomatoes. Cut the mozzarella into strips and arrange them over the tomatoes (I like creating the spokes of a wheel with them). Sprinkle the basil leaves on top along with the dried oregano.
5. Bake in the preheated oven for 20 minutes. Let the "pizza" settle for about 5 minutes after you take it out of the oven, then transfer it with 2 spatulas to a serving plate. Serve it hot or lukewarm.
Every Night Italian
By Giuliano Hazan
Scribner, January 2000
Hardcover, $25.00
Recipe reprinted by permission.
This page created February 2000
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550 W SR 198 Salem, UT 84653
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Listing courtesy of Century 21 Gage Froerer & Associates
Great commercial lot located on Main Street (SR 198) in Salem between two developed and built on commercial pads. Utilities are to the lot, ready to build on. Call agent for details.
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Water: Culinary Available
Sewer: Public Avail
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Taxes 2991
School District: Nebo
Information deemed reliable but not guaranteed accurate. Buyer to verify all information.The multiple listing information is provided by Wasatch Front Regional Multiple Listing Service, Inc. from a copyrighted compilation of listings. The compilation of listings and each individual listing are © 2014 Wasatch Front Regional Multiple Listing Service, Inc., All Rights Reserved. The information provided is for consumers, personal, non-commercial use and may not be used for any purpose other than to identify prospective properties consumers may be interested in purchasing.


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Highlights of News and Media Coverage
March 18, 2010
Dan Morgenstern receives eighth, record-setting Grammy Award
Jazz journalist rewrites history with record-setting Grammy win Daily Targum, Mar. 9
Prof. Beryl Satter's Family Properties featured
Paperback Row New York Times, Mar. 7
Prof. John Kettle comments on the merits of a lawsuit filed against the makers of The Hurt Locker
U.S. Army bomb expert sues arguing Oscar-nominated The Hurt Locker was based on him Star-Ledger, Mar. 5
Prof. James Sawhill's interprets intent of sexually suggestive billboard posted in Newark
Sexually suggestive jeans billboard in Newark sends wrong message Star-Ledger, Feb. 28
Prof. Huixin He has helped develop nanotechnology that could eliminate problems of side effects and drug resistance in the treatment of cancer
Nanotechnology approach may fight problems linked to chemo The Hindu, Feb. 26
Prof. Annette Gordon-Reed receives 2009 National Humanities Medal from President Obama
3 Academics are among recipients of National Humanities Medals Chronicle of Higher Education, Feb. 26 Obama honors leaders in arts and humanities Washington Post, Feb. 26
Prof. Clement Price on renaming High Street to Dr. Martin Luther King Jr. Boulevard
Renaming a street is a common - and sometimes controversial - way to honor Martin Luther King Jr. Star-Ledger, Feb. 26
Prof. Leo Troy shares views on likelihood of U.S. mass walkouts similar to Greece's
U.S. workers unlikely to go the way of Greece MarketWatch, Feb. 25
Prof. Elizabeth Tricomi discovers the human brain responds to inequitable outcomes
No fair! Why your brain hates inequities MSNBC, Feb. 24
Dean Todd Clear discusses the impact of prison stay on recidivism
A crack in the prison door Stateline, Feb. 24
Associate Dean Ronald Chen cautions campuses of legal consequences when handling suicidal students
Whose life is this anyway? When college students kill themselves Psychology Today, Feb. 22
Attorney Jessica Kitson of the Rutgers Domestic Violence Advocacy Project on restraining orders
Baby's mom says cops told her to wait a day Star-Ledger, Feb. 23
Dean John Farmer's op-ed on the U.S. Supreme Court and its interpretation of the material support statute intended to prohibit corruption and terrorism
What does it take to aid a terrorist? New York Times, Feb. 23
Clement Price Endows A Legacy of Knowledge With $100,000 Gift to Rutgers University in Newark March 17
John Farmer, Dean of Rutgers-Newark Law School, Honored by the Thurgood Marshall College Fund March 16
MBA students helping companies take their business to the next level March 16
Rutgers University, Newark Public Library, Military Veterans Come Together For 'Combat Paper Project' March 15
RBS students, alumni donate time and effort to help with Newark Now tax-assistance program March 12
Rutgers Business Plan Competition Winners: Where Are They Now? March 9
Juvenile Wrongful Conviction - Causes, Effects and Remedies - Topic of April 9 Symposium at Rutgers-Newark Law School March 5
Rutgers University, Newark, Receives National Recognition for Community Service March 3
Nanotechnology Tackles Major Problems Associated with Chemotherapy - Side Effects and Drug Resistance Feb 25
Scientists Find First Physiological Evidence of Brain's Response to Inequality Feb 24
Hard-hitting Rutgers EMBA program rises in rankings Feb 23
Department of Accounting, Business Ethics & Information Systems ranked 15th worldwide in research productivity Feb 18


text:
Spearman v. Progressive Classic Ins. Co.
Plaintiff purchased an automobile insurance policy from Progressive. The policy included UM coverage with a limit of $25,000. Plaintiff was injured in an automobile accident with an uninsured motorist. Plaintiff filed a proof of loss for UM benefits with Progressive. ORS 742.061(1) generally provides for an award of attorney fees when an insured brings an action against his or her insurer and recovers more than the amount tendered by the insurer. Subsection (3) provides a "safe harbor" for the insurer: an insured is not entitled to attorney fees if, within six months of the filing of a proof of loss, the insurer states in writing that it has accepted coverage, that it agrees to binding arbitration, and that the only remaining issues are the liability of the uninsured motorist and the "damages due the insured." At issue in this case was what the safe-harbor statute meant when it referred to the "damages due the insured." The insurer, Progressive Classic Insurance Company, responded to plaintiff's claim by agreeing that the accident was covered by the policy, but challenged the nature and extent of plaintiff's injuries, as well as the reasonableness and necessity of his medical expenses. Plaintiff argued that, by reserving the right to challenge the nature and extent of his injuries, Progressive raised issues that went beyond the "damages due the insured." The trial court, Court of Appeals and Oregon Supreme Court all rejected plaintiff's construction of the safe-harbor statute. View "Spearman v. Progressive Classic Ins. Co." on Justia Law
Posted in: Contracts, Insurance Law, Oregon Supreme Court
Arnone v. Aetna Life Ins. Co.
The Second Circuit held that, when applied, Section 5‐335 of the New York General Obligations Law prohibited Aetna's reduction of plaintiff's disability benefits. In this case, neither the Employee Retirement Income Security Act's, 29 U.S.C. 1001 et seq., preemptive force nor the Plan's choice of law provision compelled a different conclusion; and the court rejected Aetna's forfeiture argument. Therefore, the district court erred in granting Aetna's motion for summary judgment and denying plaintiff's motion for summary judgment in regard to plaintiff's entitlement to the past and ongoing benefits that Aetna has withheld on the ground that they are duplicative of plaintiff's personal injury settlement. Accordingly, the court reversed in part and remanded. View "Arnone v. Aetna Life Ins. Co." on Justia Law
Exeter Hospital, Inc. v. Steadfast Insurance Company
In this declaratory judgment proceeding, petitioner Exeter Hospital, Inc. (Exeter) appealed a superior court order denying its motion for partial summary judgment as to the amount at which coverage was triggered under an umbrella policy (the policy) issued to Exeter by respondent Steadfast Insurance Company (Steadfast). In the spring of 2012, an outbreak of Hepatitis C infections among patients serviced by Exeter's cardiac catheterization lab led investigators to discover that a technician had spread the virus to patients "through a clandestine drug diversion scheme." The technician allegedly injected certain drugs into his body by way of intravenous needles, then reused the needles on patients, thereby infecting them with the virus. Numerous lawsuits were lodged against Exeter by affected patients. Exeter was primarily insured through a Self-Insurance Trust Agreement (SIT), which provided professional liability coverage in the amount of $1 million per medical incident, with a $4 million annual aggregate cap. Exeter also maintained the policy with Steadfast, which provided excess health care professional liability coverage. Steadfast maintained that it would pay damages only in excess of the $100,000 retained limit for each medical incident. Exeter filed this proceeding, seeking a declaration that it was not required to pay $100,000 retained limit per claim. The trial court interpreted the term "applicable underlying limit" as being a variable amount "dependent on the actual coverage remaining under [the] other [limits of] insurance," here, the limits of the SIT. Because Exeter had paid out the limits of the SIT, the court found that the "applicable underlying limit" was zero, thereby rendering the $100,000 retained limit greater than the "applicable underlying limit." Thus, the court determined that, pursuant to "Coverage A," Steadfast was required "to pay damages in excess of $100,000 for each medical incident." Exeter sought reconsideration of the court's order, which the court denied. Although the New Hampshire Supreme Court did not agree with every underlying argument pressed by Exeter, it concluded that its overall argument regarding the interpretation of Coverage A was reasonable, and the trial court therefore erred in granting partial summary judgment as to the terms of Coverage A. View "Exeter Hospital, Inc. v. Steadfast Insurance Company" on Justia Law
Posted in: Civil Procedure, Contracts, Health Law, Insurance Law, New Hampshire Supreme Court
Mount Vernon Fire Insurance Co. v. Visionaid, Inc.
Where an insurance policy provides that the insurer has the "duty to defend any claim" initiated against the insured, the insurer's duty to defend does not require it to prosecute affirmative counterclaims on behalf of its insured. In this case, a policy imposed two duties on Insurer with respect to any wrongful termination claim brought against Insured. When a wrongful termination claim was commenced against Insured, Insurer filed a complaint for declaratory judgment seeking a ruling that its duty to Insured did not require that it prosecute or pay for the prosecution of a counterclaim for misappropriation of funds. A federal district court issued a judgment in favor of Insurer. On appeal, the United States Court of Appeals for the First Circuit certified three questions to the Massachusetts Supreme Judicial Court. The court answered the first two certified questions and did not reach the third. View "Mount Vernon Fire Insurance Co. v. Visionaid, Inc." on Justia Law
Posted in: Insurance Law, Massachusetts Supreme Judicial Court
International Marine, LLC v. Integrity Fisheries, Inc.
This case involved an allision causing significant damage to a submerged moor line for a mobile offshore drilling unit used by Shell. Tesla, an offshore survey company, contracted with International to provide and operate the tow vessel. On appeal, International and Tesla challenged the district court's grant of summary judgment dismissing their indemnity and insurance claims. The Fifth Circuit held that a warning to Tesla's party chief that the tow vessel was moving too close to the moor line was a gratuitous act that had no effect on the outcome of the litigation. The court also held that none of the insurance policies were in the record nor was there any other evidence from which the policy language could be definitively discerned. Accordingly, the court vacated the district court's judgment as to Tesla's and International's insurance claims and remanded. View "International Marine, LLC v. Integrity Fisheries, Inc." on Justia Law
Hensley v. State Farm Fire & Casualty Co.
Bob Hensley (Buyer) purchased real estate by contract for deed. He sued the insurer of the property's previous owner, State Farm Fire & Casualty, alleging breach of the implied-in-law duty of good faith. Insurer filed a motion for summary judgment and argued buyer was a stranger to the insurance contract and could not bring an action against insurer. The trial court granted the insurer's motion for summary judgment. The judgment was appealed and affirmed by the Court of Civil Appeals. After review, the Oklahoma Supreme Court held the buyer's action in this case for breach of the implied-in-law duty of good faith by an insurer was based upon his status as an insured or third party beneficiary; and buyer's equitable title to property arising from a contract for deed is insufficient by itself to confer upon him the status of an insured. The Court also held the buyer presented facts on the issue whether he was an intended third party beneficiary, and these facts and their inferences were disputed by insurer. Whether buyer was a third party beneficiary and an insured under the policy based upon disputed facts and inferences was a matter for the trier of fact, and summary judgment for insurer was improvidently granted. View "Hensley v. State Farm Fire & Casualty Co." on Justia Law
Indian Harbor Insurance Co. v. Zucker
Reid founded Capitol, which owned commmunity banks, and served as its chairman and CEO. His daughter and her husband served as president and general counsel. Capitol accepted Federal Reserve oversight in 2009. In 2012, Capitol sought Chapter 11 bankruptcy reorganization and became a "debtor in possession." In 2013, Capitol decided to liquidate and submitted proposals that released its executives from liability. The creditors' committee objected and unsuccessfully sought derivative standing to sue the Reids for breach of their fiduciary duties. The Reids and the creditors continued negotiation. In 2014, they agreed to a liquidation plan that required Capitol to assign its legal claims to a Liquidating Trust; the Reids would have no liability for any conduct after the bankruptcy filing and their pre-petition liability was limited to insurance recovery. Capitol had a management liability insurance policy, purchased about a year before it filed the bankruptcy petition. The liquidation plan required the Reids to sue the insurer if it denied coverage. The policy excluded from coverage "any claim made against an Insured . . . by, on behalf of, or in the name or right of, the Company or any Insured," except for derivative suits by independent shareholders and employment claims (insured-versus-insured exclusion). The Liquidation Trustee sued the Reids for $18.8 million and notified the insurer. The Sixth Circuit affirmed a declaratory judgment that the insurer had no obligation with respect to the lawsuit, which fell within the insured-versus-insured exclusion. View "Indian Harbor Insurance Co. v. Zucker" on Justia Law
Yenchi v. Ameriprise Financial
No fiduciary duty arises in a consumer transaction for the purchase of a whole life insurance policy based upon the advice of a financial advisor where the consumer purchasing the policy does not cede decision -making control over the purchase to the financial advisor. In 1995, Bryan Holland, a financial advisor for IDS Life Insurance Corporation, made an unsolicited telephone contact, a "cold call," to Eugene and Ruth Yenchi. At a subsequent meeting and for a fee of $350, Holland presented the Yenchis with a financial management proposal containing a notice that it had been prepared by "your American Express financial advisor" (Holland) and that "[alt your request, your American Express financial advisor can recommend products distributed by American Express Financial Advisors and its affiliates as investment alternatives for existing securities." The Proposal offered the Yenchis a number of general recommendations, including that they monitor monthly expenses, consolidate their debt, consider various savings plans, consolidate current life insurance policies into one policy, review long-term care coverage, keep accurate records for tax purposes (medical expenses and charitable contributions), transfer 401(k) funds into mutual funds, and continue estate planning with an attorney and their financial advisor. The Yenchis implemented some of these recommendations. In 2000, the Yenchis had their portfolio independently reviewed. Through this process, they were advised that Holland's recommendations would be financially devastating to the Yenchis. In April 2001, the Yenchis sued Holland and his company, American Express Financial Services Corporation, American Express Financial Advisors Corporation, and IDS Life Insurance Company. The Yenchis' asserted claims of negligence/willful disregard, fraudulent misrepresentation, violation of the Uniform Trade Practices and Consumer Protection Law ("UTPCPL"), bad faith, negligent supervision, and breach of fiduciary duty. Of relevance here, with respect to the breach of fiduciary duty claim, the trial court held that no fiduciary relationship was established between the Yenchis and Holland because the Yenchis continued to make their own investment decisions. The Pennsylvania Supreme Court concluded that, consistent with its jurisprudence, no fiduciary duty arose in such a situation. Consequently, the Court reversed the Superior Court's decision to the contrary. View "Yenchi v. Ameriprise Financial" on Justia Law
Posted in: Business Law, Consumer Law, Contracts, Insurance Law, Supreme Court of Pennsylvania
Cates v. Integris Health, Inc.
Plaintiff-appellee Elizabeth Cates filed on her behalf and a putative class asserting claims against the defendant-appellee INTEGRIS Health, Inc. for breach of contract, violation of the Oklahoma Consumer Protection Act, deceit, specific performance, and punitive damages. INTEGRIS successfully moved to dismiss the claims based on the ground that they are all preempted by the Employee Retirement Income Security Act. Cates appealed. Because the trial court in this matter did not take into consideration the federal Tenth Circuit Court of Appeals' decision in Salzer v. SSM Health Care of Oklahoma Inc., 762 F.3d 1130 (10th Cir. 2014), which was factually similar to the facts of this case and found that the plaintiff's claims were not preempted, the Oklahoma Supreme Court reversed and remanded the trial court in this matter for reconsideration in light of Salzer. View "Cates v. Integris Health, Inc." on Justia Law
Posted in: Civil Procedure, ERISA, Health Law, Insurance Law, Oklahoma Supreme Court
Zubillaga v. Allstate Indemnity Company
Plaintiff Carmen Zubillaga was injured in an automobile accident. The other driver was at fault. Her insurer, defendant Allstate Indemnity Company (Allstate), rejected her demand for $35,000, the full amount of her remaining underinsured motorist (UIM) coverage, although it made her a series of offers increasing to $15,584 instead. After an arbitrator awarded plaintiff $35,000, the amount of her demand, she sued Allstate for breach of the implied covenant of good faith and fair dealing. While an insurance company has no obligation under the implied covenant of good faith to pay every claim its insured makes, the insurer cannot deny the claim, without fully investigating the grounds for its denial. To protect its insured's contractual interest in security and peace of mind, it is essential that an insurer fully inquire into possible bases that might support the insured's claim before denying it. The Court of Appeal found the problem in this case was that the undisputed facts showed the insurer's opinions were rendered in October and November 2012, but insurer continued to rely on them through the arbitration in September 2013, without ever consulting with its expert again or conducting any further investigation. Summary judgment in favor of the insurer was reversed and the matter remanded for further proceedings. View "Zubillaga v. Allstate Indemnity Company" on Justia Law


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Designated zones proposed for New York Times Square street performers
By Laila Kearney
NEW YORK (Reuters) - New York City would require topless women in body paint, Elmo impersonators and other costumed characters who populate Times Square to work in designated zones under a new plan to manage a surge of street performers in the famed Manhattan crossroads.
Mayor Bill de Blasio voiced qualified support for the proposal, which was released on Thursday by a business group and is a response to the increasing criticism of the performers from officials.
De Blasio and New York Governor Andrew Cuomo have called the performers aggressive solicitors who threaten to drag Times Square back to the "bad old days" when the area was a tawdry magnet for prostitutes, drug dealers and panhandlers.
"Times Square should be a place of freedom of expression, freedom of movement and creativity, without being a free-for-all," said Tim Tompkins, president of area business group Times Square Alliance, which wrote the report.
The performers, including topless women in body paint known as "denudas" and dozens of costumed mascots, have multiplied in recent years, posing for pictures with tourists, often in return for tips.
But alleged incidents of harassment of tourists and violence has led to stepped-up scrutiny from police and demands from some critics for a crackdown. In one case, a man dressed as Spider-Man was accused of punching a police officer after demanding a tip from a tourist last year.
The controversy intensified in recent weeks as the city's tabloids drew increasing attention to the denudas. De Blasio and Cuomo say the topless women will scare away families and reverse a transformation of Times Square in recent years into a tourist mecca.
The precise location for the "designated activity zones" envisioned under the proposal was not immediately clear, nor was their proposed size. Continued...


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Seasonal pitches: Camping & Holiday Parks in Harpur HillView results on a map
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Picture it: It's March 1, 2015. Tokyo and Beijing are headed towards what was once the unthinkable.
Over the last several months China has instituted daily non-naval maritime patrols around the hotly disputed Senkaku/Diaoyu islands. Beijing is even sending fully-fledged naval assets within the islands' 12 mile exclusion zone while its aircraft carrier, the Liaoning, exercised only 50 miles away from the islands back in February — truly the end of Beijing's small-stick diplomatic strategy.Sponsored Ads
But on 1 March the plot thickens. Two Chinese SU-27 fighters come within 25 feet of a Japanese P-3 Orion surveillance plane just 10 miles west of the Senkakus (sound familiar?). The Japanese pilot gets nervous. A slight tweak at the controls and the Japanese plane collides with one of the Chinese fighters. Both aircraft crash into the ocean, with no survivors.
If China and Japan Went to War: What Would America do? | The National Interest Blog
Any one scenario is not that likely, but the possibility there exists at least one escalation scenario is not insignificant. The fact that we are even reading this type of article should give you reason to pause. People are worried about a China-Japan war that will escalate and drag in the US. And each passing day seems to make things a little worse.


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Here's the the background...I'll give cliffs basically...
Go to college in 2001 having no idea what I want to do...computers at this time is a hobby, basically for gaming. Build first system in 2003...loved it...I decided in school a business degree is not for me...a bit naive at the time but I ended up with an English Degree as I enjoy writing (though my muse has left me)...I graduate from college in 2005 and finished Fireschool at the end of the same year. A year later I finished Paramedic school.
Right now I am working as a Firefighter/Paramedic...it's not that I am bored of it already (3 years almost) it's that I want something ELSE to do. I've always liked building stuff but budgetary constraints and a lack of knowledge have hindered this. I have always liked the idea of being a technician or engineer. I know the military, specifically airforce, can train me to do this and when I emerge I can either go to more school or get a great job.
I'm an ENFP personality so we are the type who have multiple career types. This might be another one for me. I'm decent at math, my father was a math teacher and I have a pretty analytical mind. Calculus for Business was a pretty easy course for me.
Personally I've always kinda thought of joining the military. I think most men do at some point in their lifes, just to wonder. Working as a Firefighter has taught me, it is nothing like you expect...suffice to say I have no illusions of exciting battles and incredible thrills. I'm 20/40 so that rules out being Top Gun... (yes it Navy I know)
I would be the first of my family to join the military...everyone in my family is a teacher. I am single, 26, and other than a Condo, have nothing to really keep me from signing up. Maybe it's wanderlust or wanting to see the world but I feel that if I don't do this within a year I'll never do it.
My plan is the following:
1. Get prepbooks for the ASVAB and AFOQT...I am a good test taker and have taken a lot of standardized test so I have good study habits. A few months is all I would need to brush up on some math I have forgotten and learn skills (ex: basic mechanical concepts I may have not been taught) I took a sample AFOQT test today and got like an 80...(missing pretty much all aviation information, which I know nothing...) I didn't miss any verbal or math though...
2. Take test and find out scores, see what placements I get and what that means for my recruitment? I wouldn't enlist if I could be an officer, just because I would feel my college degree would be wasted. Question though, will they let me go through basic, basic training all soldiers go throuhg, (not just the officer one?)
3. Look at the options and decide from there. I have all the time I need and I am happy enough doing what I am doing now , I just don't think I'll reach my full potential. I like being pushed, it gives me focus.
People who are or in the Air Force (or any branch really) feel free to offer your insights. Thanks


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My Humble Estate, from Cottage to Castle
so I have a 28'x150' lot. Its very small. My house is pretty tiny, its maybe 650 sq ft total, with maybe 450 sq ft livable. Its one bedroom, one bath. I live alone except for a small visitor every other weekend :)
Im going to be turning it into a proper place to live. Little by Little, piece by piece.
Here are the before pics:
Front of House,
Front of the House from the Street
garden wall and flower beds, just off sidewalk
a tiny pool, one of my gargoyles has taken it over. Had some blocks he was sitting on but they got used for a flower bed
Backyard for foundation project
the Jungle, going to be cleaned up and graded down for A/C and Utility work, any extra concrete from the foundation will go here so it doesnt over grow.
end of house, lets you know how small it is, fence sure needs work, wont hire that guy again...
house edge for plumbing and an edge to the foundation, I dont have to put a footing here, just tie it in.
this will all be concrete about right to where I am standing the width of the house, ready for a 2 story addition
Rest of house:
the corner there where the house sticks out, you can see the old paint coming off and the new washing machine drains and dryer vent
here is the side yard, going to put down sand and small gravel to make a play area for my kid.
I have a few other projects, Ill post on as I go. As you can see, its not much of a house right now, but Ill be working on it all summer and post how things go.
What is with all of the graffiti.
I make statues, I have to clean out the nozzles on the spray cans after I use them, so you hold them upside down for a few seconds and spray till its clear. I got bored with making runny dots so I started making patterns and such. It needs painted over anyway so Im not real worried about it. Painting is another project Im working on. After I get the house painted, strange marking will get moved to the back of my fence instead.
Alrighty then.....
You might want to use that cardboard in picture #7 to clean your spray nozzles. Otherwise you will end up having to redo your fence at some point too :)
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Each month, Rated People connects over 50,000 homeowners with quality tradesmen - simply enter your job details in the form above to get started.
We'll match your job to the relevant tradesmen in your area - those interested will pay to see your contact details and call you to quote.
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Added 13/12/2016
We need a full deep clean of a recent house renovation. Three Bedroom detached dormer bungalow....
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We have a 4 bed bungalow and need a cleaner once a week for 3 hours
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We are looking for a cleaner to start as soon as possible for a weekly stint at our house....
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Looking for approx. a couple of hours per week. To clean mainly kitchen, living area and 2...
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Lounge, dining room - both downstairs, 1 x double bedroom, 1 x single bedroom (used for storage...
Managing your job is easier with the Rated People Homes App, download it today.


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A little over 3 years ago Gas Powered Games took a chance on me and welcomed me to the GPG family. No other company would give me the time of day. Over the past 3 years GPG continued to take chances; first by having me take over the Supreme Commander 2 AI and again by allowing me to create the AI system for their current project from scratch. There aren't many companies that would give that level of responsibility to such a junior engineer.
However, all good things must come to and end.Yesterday I gave notice that as of November 1st I would cease to be an employee at Gas Powered Games. In three weeks I will no longer be working for the employer I spent 2 1/2 years of my life hounding for a job. I wish all the best for GPG and all of its employees in all of their future endeavors and I am very thankful for the opportunities I was given to grow as an engineer.
November 1st starts a new chapter in my career as I join the ranks of Uber Entertainment. I am very excited to have the opportunity to work an such an epic project as Planetary Annihilation. With the amount of talent located in Uber's office this project has huge potential.
I will continue to update my blog as development progresses on Planetary Annihilation, so keep checking back as we go for awesome!


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Sometimes things go for you in a game and sometimes they don't – and the latter was what happened to Newcastle last night against a good Metalist Kharkiv side, but manager Alan Pardew still thinks we have a decent chance to go through in the second leg next Thursday night in the Ukraine.
Alan Pardew – his look tells it all last night
And in retrospect we were probably a bit unfair on the lads in our first report of the game immediately after the final whistle – and we said it was only slightly better than a mediocre performance – but it was in fact much better than that – and on the chances we had we could have won the game by a number of goals – with just a little bit of luck.
We have to remember the lads were up against a good side last night – Alan Pardew had this to say today to nufcTV:
"Both goals look onside from the replay." "At the time I thought the first half was perhaps offside but that showed it wasn't; the second one, I knew wasn't offside. I just knew, the way the ball went in and the angle and everything."
"I just doubted that one and was proved right. It's difficult for us because we've played an almost perfect game. We've got a clean sheet, we were tough, we were fast, we were intelligent and we played some great football. We had some subs who changed it a little bit for us – a couple of moments from Sylvain Marveaux and Shola Ameobi's presence made it a little bit more difficult for them."
"So all in all, I expect to win and it's hard to look the boys in the eye and say 'you should have won' because the two goals were onside. I think the fans knew it as well – the reaction from them at the end towards the officials said that – and it was a day for us where we really, really didn't get the rub of the green."
"But I can't fault the team. That was an outstanding effort and they were a good side, a real good side with some great players who we kept quiet, particularly Willian on the left. Mapou Yanga-Mbiwa did a good job on him."
"So it's all to play for. We got a clean sheet and no away goal so a clean sheet sees us through after 90 minutes and that gives us something to lean on when we go there." "But we're going to need to play as well as that to get that."
And the Newcastle U19 side kept their hopes alive yesterday in the Torneo di Viareggio as they beat Congo's under-17 team 2-1 in Strettoia – with goals from Alex Gilliead and Greg Olley – and with the game last night that news got ignored a little.
Newcastle lost their first game to AC Milan 2-1 but the lads got a good three points yesterday afternoon – well done.
Note: we are trying to help out one of our readers – Northumbria University student Alex Redfern – who is doing research on the impact of Newcastle's recent sponsorship deal with Wonga – please fill out Alex's questionnaire on the topic if you can – and that will help his research – Alex needs another 100 replies to his questionnaire today – many thanks.
Follow us on Twitter, like us on Facebook and +1 us on Google+:
You can also reach Ed at email@example.com


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- Rooms & Suites
- Location
- Amenities
- Local Information
- Photo Gallery
- Groups
Aspen's Annual Summer Events
Aspen Colorado's Annual Summer Events
Summer is Aspen's Best Kept Secret
Aspen's best kept secret is our beautiful summers. Enjoy a range of Annual Events which begin in June and take us all the way through September. Summer brings warm days and cooler nights, the perfect balance to enjoy the mountains and your fun filled adventures.
Aspen Saturday Market (JUNE - OCTOBER)
Join visitors and locals on Saturdays at the Farmers Market in downtown Aspen. Buy some local Colorado produce, crafts or grab some lunch from the food vendors. This is a great way to enjoy a leisurely Saturday in Aspen.
FOOD & WINE Classic in Aspen (JUNE)
The Aspen Food & Wine Classic is one of the nation's most prestigious epicurean events. Cu
linary stars show their passion for food, wine and entertaining. More than 300 Vintners pour
premium wines complimented by specialty foods from around the world. Join leading chefs including Mario Batali, Jacques Pépin, and noted wine authorities such as Joshua Wesson for three inspiring days of wine tastings, cooking demonstrations and special events.
JAS AspenSnowmass (JUNE & SEPTEMBER)
This iconic music event brings the hottest new musicians and some classic favorties for two weekends during the summer. Kick off summer at the end of June with a more traditional jazz music scene and wrap up summer on Labor Day Weekend for a more rock n roll vibe.
Old Fashioned 4th of July Celebration
Aspen celebrates Independence Day with a whimsical twist. Each year, approximately 20,000 local residents and visitors come together to honor the nation's birthday in true American style. Festivities include a parade, U.S. Airforce flyby, concerts, a kid's bicycle rodeo, and spectacular fireworks over Aspen Mountain.
Aspen Arts Festival (JULY)
Aspen Chamber Resort Association is proud to join Howard Alan Events in hosting the Aspen Arts Festival. Aspen's spectacular mountain setting provides a wonderful "open art gallery" to over 170 exhibitors offering jewelry, pottery, sculpture, glass, ceramics, paintings, prints...and more!
Aspen Music Festival and School (JULY - AUGUST)
Classical Music in our Rocky Mountain setting is like no other. Whether you are a classical music aficionado or a novice, this Festival will keep you coming back for more. Click here for more details.
The Aspen Chamber Resort Association is always working to create and attract special events that draw local, regional and destination visitors to Aspen. The ACRA is proud to produce five local events throughout the year that delight locals and visitors alike.
Bottom photo credit: Jeremy Swanson


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Man Crashes Into Ohio Gas Station, Hails Taxi
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Mali Losinj Vacation Packages
Zagreb County, which is the national capital, is located 130 miles (209 kilometers) northeast of Mali Losinj, while Split lies 120 miles (193 kilometers) to the southeast.
The Mali Losinj Harbor and Cikat Beach are a selection of the attractions to do and see in Mali Losinj.
Visitors commonly use Mali Losinj as a base for further adventures. This popular region has numerous wonderful cultural and natural attractions. Make sure you make tracks to the Mali Losinj Harbor and Cikat Beach in and around Mali Losinj, less than 1 mile (1. 6 kilometers) away. Alternatively you could stop by the Veli Losinj Harbor and St Anthony's Church in Veli Losinj. It is 2 miles (3 kilometers) away from Mali Losinj.
Organize some transportation and visit Rab, a retail and transport hub for the region, some 20 miles (32 kilometers) from Mali Losinj. This bigger city offers plenty of visitor attractions, for example Lopar Beach, Pudarica Beach and Rab Harbor. Don't return to Mali Losinj until you've visited Rab's Kampor Beach and Frkanj Beach.
If the weather keeps you indoors, head to Croatia's mansions, art museums and palaces. A surefire way to truly appreciate a region is by discovering its earlier days. Make the time to visit the fortresses while you are in the area.
Don't leave here without seeing it from a completely new perspective. There are some great options for parasailing. If the weather is fine while here, explore Croatia's watery side. Scuba diving and wind surfing are just two ways the locals like to cool off here.
At the end of your holiday in Mali Losinj, put the lens cap back on your camera, spend your last of your kunas on last-minute souvenirs, and bid a fond Zbogom (farewell) to this unique destination.


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Your Dog, Your Life
The Scoop
Dog News, Politics
Bark-Out-Loud Humor
Doggie Style
Gear and Glam
Wildebeest creates the perfect present for new dog parents.
Dog Breeds
Foods & Treats
Health & Care
Behavior & Training
Dogs & Cleaning
Dog of the Day
Photo Comments
Hello, everyone..well it has been pretty hot these last few days..and my mum is thinking if she should get me my regular haircut..I usually get one around this time of year..Geeze it is too hot with all of this hair.
So...well I gave mommy and daddy a scare on Christmas Eve, when I was starting not to feel so well...I was aching so much that I know boys are not supposed to cry..but I couldn't help it!!! I think it was the pizza crust I begged my mom to give me. I know she did not have it in her heart to refuse me when I give her those big sad puppy dog eyes. I love my parents they stayed up with me all night long. My daddy kept rubbing my back, and my mommy couldn't stop hugging me and giving me kisses on the forehead. OHH and they also gave me pepto bismol. I think it might have helped a bit. Well, I am going to get a check up on thursday, just in case.
Mommy took me to the vet today and I hated it! I was shaking terribly. Well it turns out I am healthy and have not heartworms. Except for later this evening I was coughing a lot. Now I seem to be better but mom is watching over me real close.
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HERMON, Maine — Ryan Toothaker, director of information technology at Mid Maine TimeBank, will be the guest speaker at the Disability Peer Support Group meeting at 5:30 p.m. Thursday, Dec. 6, at Advanced Modifications, 2 Printer's Drive. The meeting will be preceded by a potluck supper at 5 p.m.
A Time Bank is an organization that brings people together to create opportunities to develop and exchange time and skills with others by means of "time dollars." TimeBanking is spending time doing something you enjoy for a person in the community. That time is banked and may be spent having someone do something for you.
Those with physical disabilities, their families and friends, caregivers, health professionals, and the public are invited to attend.
For information, call 207-945-6878 or 207-942-6720.


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JAY AMBROSE: Commentary
James Carville is a very, very bright guy, so I was taken aback to see him recently on Fox's "The O'Reilly Factor," arguing that President Barack Obama did not mislead the nation in an oft-repeated promise that no one would lose his or her health insurance policy because of the Affordable Care Act.
So what about all those policies recently canceled because they did not meet the law's standards? Why, they weren't really, truly policies because they did not cover very much, he explained, adding that the president could have made "a more nuanced, accurate statement."
Sorry, but the bit about "nuance" is disingenuous and the bit about an insurance policy not being an insurance policy is inane, on the order of saying an automobile is not an automobile because of high gas mileage.
A worse-than-desired level of performance does not dictate that a thing has lost its identity, as any logical brain will instruct you. And Obama absolutely sounded as if he were talking about the whole universe of health insurance policies when he made his perfectly clear pledge, ending one with the word "period."
Does it follow that I am upset with Carville, the usually convivial, sometimes passionate former campaign strategist for President Bill Clinton?
No. Just the opposite. I am grateful that he defended Obama with wackiness. In trying to exculpate the president from obvious chicanery that way, Carville, other progressives, the president's own dutiful press secretary and the president himself are parading a scary truth about themselves. It is that politics and ideology rule over reason that might otherwise bring them to truth.
For further enlightenment about one aspect of this phenomenon, turn to a book by Daniel J. Flynn called "Intellectual Morons: How Ideology Makes Smart People Fall for Stupid Ideas." The author looks at such ideologies as communism, environmentalism, feminism, multiculturalism and animal rights and says that while the "core idea" of some of these movements may be "laudable," you have to watch out for "true believers."
The most adamant of these will conclude that the ideological end justifies immoral means, that good "intentions" matter more than "outcomes" and that anything done in the name of the cause is "noble." For such people, he says, ideology "deludes, inspires dishonesty and breeds fanaticism."
The 2004 book is loaded with powerful examples of what Flynn is talking about. There was, for instance, Herbert Marcuse, a hero of the New Left some decades back as he "preached that freedom is totalitarianism, democracy is dictatorship, education is indoctrination, violence is nonviolence and fiction is truth."
In the realm of radical environmentalism, we have Professor Paul Ehrlich of Stanford University. In a 1968 book on population growth, he said science showed how tens of millions would soon be dying yearly of famine and how, by 1984, we in the United States wouldn't have enough water to keep us alive. Remember those awful days? Neither do I.
Maybe I shouldn't even bring up Peter Singer, a bioethics professor at Princeton who argues that scientific experiments on animals should be prohibited, although human sex with them is sometimes OK. He not only thinks that abortion is always permissible, but that killing newborns, if they are disabled or unaffordable, is not the same as killing a full-fledged person.
Author Flynn has quarrels with some on the right, such as the Ayn Rand Objectivists who endorse that philosopher's embrace of selfishness, and there is cause for worrying about that. It still falls short of laxity about baby killing.
Despite the myth of progressive intellectuals being head and shoulders higher than conservative or libertarian intellectuals, it seems to me the leftists in general are far less attuned to reality and common sense than these counterparts.
The intellectual pretenses of the left too often evaporate into nothingness when the evidential heat is turned up. A prime example of the moment is a health care act designed to fit the ideological supposition that government knows better on anything and everything than individual citizens and should intervene massively — which is to say recklessly — when there are problems.
It's coming apart, and so is the credibility of its defenders.
Jay Ambrose is an op-ed columnist for McClatchy-Tribune. Readers may email him at firstname.lastname@example.com.
More articles by JAY AMBROSE →


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Gilbert Castellanos establishes Young Lions Jazz Conservatory
"My plan is to go all year long, and it's going to be a little more intense."
Robert Bush 2 p.m., June 28
Hi MA,
In my neighborhood, the sidewalks have these metal buttons embedded in the sidewalk. They look like an oversized Levi's jeans rivet, are made of copper or brass, and are stamped with "LS 5456." They are about the size of a dime and appear somewhat randomly. What are they?
— Alan M., San Diego
Those are property markers, embedded in the sidewalks during development. They demarcate the boundaries, usually the corners, of property as measured by professional surveyors. The numbers are the individual surveyor's identification, because they have to tag every monument they put down during land surveying, regardless of location. The monuments are useful to the city when workers go in and start tearing things up to fix water lines or whatever they're digging around for, because it lets them know into whose property they're digging. Occasionally, historical monuments get pegged into the sidewalks, but they're usually a little bigger and can have more conventional text.


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Luke Apfeld scored a career-high 26 points and Brian Voelkel added 10 points and 10 rebounds to lead the Vermont Catamounts to a 76-62 victory over Fairleigh Dickinson in non-conference men's basketball action at Patrick Gymnasium on Saturday. Vermont improves to 7-4 overall, while FDU falls to 4-6 on the year.
"It was good to finally see our offense come alive," said Vermont head coach John Becker. "Offensively we were good through the whole game and executed our stuff. The week off helped us, gave us some practice time to make some tweaks. Defensively they made some tough, contested shots in the first half and I though our guys came out with better energy and focus in the second half. We were able to get some stops and continue to score the ball to pull away. I am very happy with the win and I also thought we took a step forward today," continued Becker.
The Knights held a 19-15 lead at the 11:18 mark of the first half, but the Catamounts used a 15-4 run, fueled by six points from Apfeld, to push out in front by seven, 30-23, with 4:46 remaining in the stanza.
FDU scored seven straight points to knot the game up at 30-30 with 2:06 left and Melquan Bolding hit a jumper, from the foul line, at the halftime horn to give the Knights a 34-33 lead at the break. Bolding scored 16 of his team-high 20 points in the first stanza.
The two teams traded the lead three times in the opening five minutes of the second half. A 3-pointer by Mustafaa Jones at the 16:29 mark gave Fairleigh Dickinson a 44-39 lead. A dunk by freshman Ethan O'Day off an assist from Apfeld, sparked a 13-2 run by the Catamounts. Apfeld punctuated the spurt with a 3-pointer and UVM pulled out to a six-point lead, 52-46, one which Vermont would not relinquish the rest of the way.
FDU closed within four on a pair of free throws by Bolding at the 10:40 mark, but Vermont out scored the Knights 15-5 over the next five minutes to open up a 13-point lead and maintained the double digit advantage the rest of the way.
Voelkel added eight assists, nearly recording a triple-double, to go along with his third double-double in four games for the Catamounts. Candon Rusin added 10 points and Clancy Rugg chipped in 13 points and seven rebounds off the bench.
Lonnie Robinson added 14 points and Kinu Rochford chipped in 12 points and a team-high seven rebounds to go along with Bolding's team-high 20 points for Fairleigh Dickinson.
Vermont will break for the holidays and return to the court on December 29 when it hosts the College of Charleston at 2 p.m. at Patrick Gymnasium.
--University of Vermont Athletic Department Press Release--
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text: Multi-Pieced Artisan Jacket Style: 570106302 Available in Regular and Petite Out of Stock Love it? Everyone else did too. This item sold out! Use our search tool, chat online or call 1.888.855.4986 to find something equally desirable. The Chico's artisan jacket: a collector's item with one-of-a-kind styling. Intricate embellishment and allover sparkle stand out in any well-heeled crowd. Length: 22" to 23". 84% cotton, 16% metallic. Hand wash. Imported. Read More… Share on Facebook Tweet Pin


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16th Annual Chili Chowder Challenge!
Augusta State Armory
March 25, 2017
11 a.m. to 2 p.m.
Check out our fabulously fun family-friendly event, with all proceeds raised going directly to the Children's Center: Early Intervention and Family Support, Inc.. Join us in taste-testing the fares of 12-15 local restaurants and caterers, and vote for BEST CHILI, BEST CHOWDER, and other fun categories.
There will be a silent auction, live musical entertainment, crafts and activities for children of all ages, and a snack bar.
Some of the participating restaurants are:
Augusta House of Pancakes, Aunt Gin's, Damon's, Ground Round, Le Club Calumet, Liberal Cup, Lisa's Restaurant, Maple Hill Farm, Pangea, Quarry Tap Toom, Red Barn and Red Robin.
Avoid the lines -- Get your tickets NOW at the Children's Center on 1 Alden Ave. Augusta, Maine
The Children's Center Early Intervention and Family Support is a specialized provider of services in central Maine for young children with developmental delays and disabilities such as pervasive developmental disorder, intellectual disability, cerebral palsy, Down syndrome, autism, and more. We provide a continuum of care for young children with disabilities that is simply not offered in this same format anywhere else in the region. The Children's Center has been providing services for children with special needs and their families since 1966.
The Children's Center provides services through our primary facility in Augusta as well as our program in Gardiner and Skowhegan to serve the greater Kennebec and Somerset Areas. The organization offers early intervention programs to young children ages birth through five with special needs, including inclusive early education, pediatric therapies, and specialized programs for children with autism spectrum disorder or mental health diagnoses. The agency also provides family support programs, such as targeted case management, community-based behavioral health professionals, and parent and provider education programs in order assist caregivers in meeting the needs of their children.
The Children's Center is a 501(c)(3) non-profit charitable organization.
Our Vision
The Children's Center's vision is a world where communities, families and caregivers join together to create nurturing environments in which all children are embraced as unique and valued individuals.
Our Mission
The mission of the Children's Center is to meet the needs of all children by offering quality programs that encourage individual growth, provide support for their families, and promote inclusion of all children in the community.
Our Philosophy
We believe that children are unique individuals who learn best through creative play. We believe that children thrive when given the opportunity to develop social, emotional, and physical skills within an environment that provides peer interactions, nurturing adults, and developmentally appropriate materials. We believe that family members are the most important people in a child's life. We believe that families are entitled to help and support in identifying their options and resources in accordance with their lifestyles and personal values. We believe that families, professional staff, and the community can work together to support children as they grow.
We are a United Way Partner Agency.


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Ratings & Reviews
(average rating based on 10 reviews)
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Reviewed by 10 customers
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Oops, the colors i own are not this set
By Beauty Junkie Covered in Jewelry
from St.Albert AB:My hearts in my home
I need to say i just noticed the colors i own are not this set, but simular. I ordered from their website directly. Id like to say colors have different textures as all natural, so ingrediants vary, not like chemical lip glosses. Some formulas are thicker, or such. But, none where sticky and i own 6 colors. So my colors are red is called RED HOT and my orange is called TANGERINE and my nude is called CONCEALER & eyeshadow base oops! No wonder it was the perfect nude and lastest all day! I even was going to try it as a concealer, undereye brightener and hilighter as it was matte and holding power couldnt be beat, the packaging was like lipgloss so i accidentally thought it was lipgloss, i got in a surprize bag.
Bottom Line Yes, I would recommend this to a friend
( 1 of 3 customers found this review helpful)
Excellent and healthy
Like the last reviewer, i believe there are some FAKE reveiws here, as in the compitition has posted some negative reveiws to scare off potiental buyers.this line is AWESOME and truely natural and i am a proffesional makeup artist with 15 years experiance.
( 3 of 5 customers found this review helpful)
By OntSoccerMom
from Ontario
I'm not sure what the negative reviews are about, they almost seem fake as they are word for word on every product. I bought this on the first show and was so excited to see it back today. Lipgloss are amazing, and can't beat the value. Just ordered again!
( 4 of 5 customers found this review helpful)
By JayB
from Montreal, Quebec
ColorEvolution lip glosses feel more like a lip balm. The texture is heavy on the lips and doesn't last.However, the Rosebud and Melon are lovely colours. The Bedazzled colour is very light on and has to be mixed with a darker colour.
Bottom Line No, I would not recommend this to a friend
( 5 of 6 customers found this review helpful)
Terrible Product
By Jane
from Uxbridge, Ontario
Very Sticky -- not at all kissable. Very difficult to apply neatly just overall a horrible lip glossw
Not impressed
By E.
from Hamilton
Stickier than expected. The nude colour is not a perfect nude as promoted on the Shopping Channel. It is too pale. The other 2 are nice but not worth what I paid.
( 7 of 8 customers found this review helpful)
Best of a Bad Lot
By Sharp Shopper
from Montreal
This line of cosmetics is worst line I've ever purchased from the Shopping Channel;normally I am happy with my purchases and I have tried many different cosmetics lines from SC. I ordered 4 items from this line and they are all very poor quality; this is the only "usable" item in the lot. The quality of the lip gloss is very poor compared to other glosses sold on the Shopping Channel or in retail stores. It sits on your lips like thick vaseline and you don't see the color even though it looked like fairly dark pigments on the live show. I wanted to return everything I bought from this line but I didn't get a shipping slip with a return label in my package. Oversight or did they know they'd get tons of returns? Given the cheap price I would not waste my money on return shipping/postal charges and putting in the time and effort to repackage, go to the post office etc. I thought the shopping channel tested their products before going to air...this is very disappointing as were all the other products I ordered from this line.
Heavy & Sticky
By SAUVY SHOPPER
from BRITISH COLUMBIA
I was looking forward to these lip glosses----disappointed! They are sticky, feel heavy, and don't last. They are very shiny and the colors require a darker color underneath in order to create color on your lips, not a good investment
Perpetual Kissable Lipgloss
By Not so Crazy Cat Lady
from Bon Accord Alta.
I was thrilled to find a lipgloss that would provide moisture as well as colour... so as soon as they arrived I applied one...Oh dear ,I think if I had kissed someone, A third party would have had to pull me away!! Sticky? Oh ya! Oose into fine lines as it warmed up? You 'betcha! However it did smell good and it was here on time so I gave it a star.
Not long lasting for me
By Al, mum of 3
from Unionville, Ontario
These losses are not long lasting at all. They look good for 10 mins and then dissapear. Not worth the price, just like drug store bought ones. Save your money.


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July 22, 2009
So I went for my blood work this Monday to confirm pregnancy, HCG came back @ 202 they sent me back today for another HCG and it came back at 493.9, was told that they would have a MD call me (my MD is on vacation) do we know why a MD would call me back? My levels went up more then the 66%. Is 493.9 a good reading for 5 weeks pregnant?


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Time to share one of my favorite addictions. I'm currently craving for it, so I decided why not share with our readers what it is...
Tada... It's San Tsa or also known as Haw Flakes! These are Chinese snacks. You eat it when you're bored, when you're hungry, when you're watching tv, when you're blogging, actually... you eat it anytime of day!
O actually bought this for me since I really really love Haw Flakes! This is from Bee Tin Grocery and is only P55.00. There are ten packs in one bag.
One pack looks like this... How does it taste? I can't quite describe it. It tastes sour and sweet at the same time. For some people, it tastes weird. Haha! But I like it!!!
It looks like the "Body of Christ". I remember playing with it before, like I was going to communion. It's very thin and it breaks when you put pressure to it. I love breaking it inside my mouth. Hehe! Love it!
It's so yummy and very very addicting! I can finish one whole pack in one seating, or maybe two packs?! :p
Thought on the product: Isn't it obvious I love love love it? I just want to share that this brand is the best! Usually you see the small Haw Flakes in supermarkets, it's actually okay, but my problem with it is it's so small, that I can already finish one pack with one chew! The latter Haw Flake is really small so it's very "nakakabitin"! And when I eat my Haw Flakes, I always like eating it by two's or maybe three's. I love it when it's thick! Hehe! :D How about you?
Bee Tin Grocery
Binondo, Manila


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CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH Original Application No. 608 of 2011 Wednesday, this the 8th day of February, 2012 CORAM: Hon'ble Mr. Justice P.R Raman, Judicial Member Hon'ble Mr. K. George Joseph, Administrative Member 1. K.A. Gopinathan, S/o. K.V. Ayyappan (Late), Aged 58 years, Telecom Mechanic, Telephone Exchange, Amalanagar, Amalanagar P.O., Thrissur, residing at Koothuparambil House, Chakkalakkal Lane, Kuttur PO, Thrissur, 680013. 2. P. Venugopalan, S/o. Late Kunjunni Nair, Telecom Mechanic, aged 57 years, O/o Sub Divisional Engineer, 5 ESS, EIOB, residing at Pookkattil House, Pudhurkara, Ayanthole PO, Thrissur - 680003. 3. A.N. Rajan, S/o. Late Narayanan, aged 58 years, System Telecom Mechanic, O/o. Sub Divisional Engineer, Project Vijay, Irinjalakuda, Thrissur, residing at Ambathiparambil House, Pullur PO, Thrissur-680683. ..... Applicants (By Advocate - Mr. P.A. Kumaran) V e r s u s 1. Bharath Sanchar Nigam Ltd., represented by its Chairman and Managing Director, Sanchar Bhavan, New Delhi, Pin-110001. 2. Chief General Manager, Telecom, BSNL, Kerala Circle, Trivandrum, Pin-695033. 3. Principal General Manager, Telecommunication, Bharat Sanchar Nigam Ltd, Thrissur SSA, Thrissur, Pin-680033. 4. Union of India, represented by the Secretary to Government of India, Department of Communications, New Delhi, Pin-110 001. ..... Respondents [By Advocate - Mr. Pradeep Krishna (R1-3)] This application having been heard on 08.02.2012, the Tribunal on the same day delivered the following: O R D E R
By Hon'ble Mr. Justice P.R Raman, Judicial Member -
The applicants are aggrieved by the refusal on the part of the respondents to resolve the anomaly in the pay fixation by granting them pay equivalent to that of their juniors.
2. Briefly stated facts are as follows:-
2.1 The applicants commenced service as Linemen under Thrissur Division in the erstwhile Department of Telecom with effect from 12.6.1978. Annexure A1 is the true copy of the memo issued by the Assistant Engineer in this regard. Subsequently, they were promoted as Telecom Mechanic on different dates. The first applicant was promoted on 11.4.1994, second applicant on 8.8.1994 and third applicant on 1.3.1996. The first and second applicants were appointed as Telephone/Telecom Mechanics with effect from the aforementioned dates by order No. STA/231-7/13598/7, dated 22.5.1998 issued by the 3rd respondent, Annexure A-2 is the copy of the said order. The 3rd respondent was appointed as Telecom Mechanic on officiating basis which was regularized subsequently with effect from 1.3.1996. Annexure A-3 is the copy of the order dated 29.11.2005. It is the contention of the applicants that Sri T.L. Ouseph, who is junior to all the applicants was promoted as Telcom Mechanic with effect from 20.2.2002. The applicants were drawing pay in the pay scale of Rs. 4000-6000/- as on 1.10.2000. The pay scale of the Telecom Mechanic and SIOP was upgraded as 4000-6000/- and 3200- 4900/- respectively with effect from 1.12.1998. Accordingly, the pay of the applicants was fixed at Rs. 4000/- and despite fixation under FR 22(1)(a)(i) on the date of promotion as Telecom Mechanic the applicants were drawing less than Rs. 4000/- on 1.12.1998. Subsequently, on 2002 the central dearness allowance pay scales were replaced with industrial dearness allowance pay scale retrospectively from 1.10.2000 by Annexure A4. Based on Annexure A4 a point to point fixation was given to the applicants. Accordingly, the applicants' pay was fixed on the IDA scale of Rs. 5700- 160-8100. Due to point fixation done the applicants have the benefits of only one increment in the revised IDA scale. The junior Sri T.L. Ouseph received the benefit of 9 increments because on 1.10.2000 he was still in the lower pay scale applicable to SIOP. A copy of pay fixation memo of Sri T.L. Ouseph in IDA pay scale is Annexure A6. Shri P.S. Vijayan was also given the benefit of 9 increments in the lower CDA pay scale and his pay was fixed at Rs. 6,070/-. Copy of the pay fixation memo of Shri P.S. Vijayan is Annexure A7. It is stated that both Sri T.L. Ouseph and Sri P.S. Vijayan belong to the Thrissur SSA and are juniors to the applicants in the cadre of SIOP and subsequently in the cadre of Telecom Mechanic also. Pursuant to promotion as Telecom Mechanic with effect from 20.2.2002, the pay of Sri T.L.Ouseph and Sri P.S. Vijayan was fixed at Rs. 6,820/- in the pay scale of Rs. 5700-160-8100/-. Copy of the order is produced as Annexure A8. Representations were made by the applicants to rectify the anomaly whereby their juniors were granted higher pay than the seniors like the applicants. Annexures A-9 and A-10 are the representations.
3. It is not necessary to dwell deep into the matters since identical matter has already been considered by this Tribunal and orders have been passed which is at Annexure A-20 produced along with the rejoinder filed by the applicants. The authorities are at agreement that similar benefits as in Annexure A-20 shall be extended to the applicants also.
4. In Annexure A-20 judgment, we have mentioned that the cause of action arose as early as in 2002 but the matter was pending consideration with the anomaly committee until Annexure A10 was issued on 30.8.2010. It was observed that the anomaly in the matter of pay in comparison with that of the juniors is a grievance still pending and therefore, is recurring cause of action for redressal. Therefore, finding that the application is not time barred at the same time since monetary benefits are claimed it has to be limited for a period of three years prior to the filing of the OA. Accordingly, it was held that the applicants pay be fixed with effect from 1.10.2000 at par with juniors in the IDA scale. However, they will be entitled to monetary benefits three years prior to the date of filing the OA i.e. 5.7.2011 and thereafter. In this case the OA is dated 28.6.2011 but filed on 4th July, 2011. Hence, the monetary benefits will be confined to three years prior to the date of filing the OA namely 4th July, 2011.
5. Original Application is allowed as above. No order as to costs.


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View each state's involvement by clicking on the circles above.
Great Basin Sagebrush Project is part of the Sustainability in Prisons Project. It is an environmental partnership between the Institute for Applied Ecology, Department of Corrections, and the Bureau of Land Management to provide unique and meaningful ecological activities to incarcerated men and women with the goal of restoring sagebrush habitat for the greater sage-grouse in the great basin region through a six state grow out initiative.
For 2016, we are coordinating with seven states in the great basin region to grow over 390,000 sagebrush and other sage steppe plants important to the region.
Click here to view news coverage on the Sagebrush Project around the western Great Basin states.
Fig. 1 (below)- Current distribution of Greater Sage-Grouse with locations of state and federal correctional facilities. Greater Sage-Grouse distribution data from USGS.


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The latest holy roller is a new all-electric vehicle from Renault. Modified with help from Gruau, the Kangoo Maxi Z.E. was donated to the Vatican by Renault-Nissan boss Carlos Ghosn at the Holy Father's summer residence in Castel Gandolfo yesterday. The Pope's bodyguards can ride in EV style, too, since Renault donated a second EV, that one decked out in blue and white, to the Corps of Gendarmerie of Vatican City. The EVs use lithium-ion batteries for an estimated range of 105 miles on the lenient European NEDC test cycle. The interiors "are fitted with two particularly comfortable separate seats at the rear," says Renault. The roof opens, too, in case His Holiness would like to stand and wave at people who don't get free cars.
- French carmaker Renault has presented His Holiness Benedict XVI with an electric vehicle designed and built especially to meet the Pope's mobility needs.
- The vehicle is based on Kangoo Maxi Z.E. and was developed in association with the French coachbuilder Gruau. Renault also donated a second electric vehicle to the Corps of Gendarmerie of Vatican City.
- These vehicles were presented to the Pope yesterday by the Renault Group's Chairman and Chief Executive Officer Carlos Ghosn at the Holy Father's summer residence in Castel Gandolfo.
The first vehicle, for use when the Pope is travelling at his summer residence, is white with the Papal coat of arms depicted on the doors. It is an ecological, sustainable-development version of the Popemobile. Based on Kangoo Maxi Z.E., it measures 4.6 metres in length and 1.8 metres in width. It is powered by a 44kW (60hp) electric motor and a lithium-ion battery which ensures an average NEDC combined-cycle range of 170km.
The design of the other vehicle is very similar to that of the first, although its blue livery features a white and yellow stripe along each flank. It is for use by the Corps of Gendarmerie Corps of Vatican City for the Pope's security.
The two cars were converted in association with the French constructor-coachbuilder Gruau. These special, exclusive vehicles can seat up to four people and are fitted with two particularly comfortable separate seats at the rear. Other specific solutions include an opening roof, removable rear side windows, hinged rear side doors and electrically folding door steps to facilitate ingress.
The two vehicles see Renault put its experience as automobile manufacturer and leader of the electric vehicle sector at the service of the sustainable development message of the Vatican and His Holiness Benedict XVI. Recognised as particularly attentive to environmental issues, the Pope has frequently underlined the need for sustainable development to safeguard Creation.
"This donation to His Holiness is a means for Renault to reaffirm its strong and durable commitment to sustainable development and respect for the environment," said Monsieur Carlos Ghosn, Chairman and CEO of the Renault Group.
The Renault Group, which is active in 118 countries, creates, develops, manufactures and sells automobiles and commercial vehicles under three brand names: Renault, Dacia and Renault Samsung Motors. The Renault Z.E. programme, which seeks to promote electric mobility, symbolises its commitment in favour of the environment. As the electric vehicle market's leader, Renault stands out as the only automobile manufacturer to market a comprehensive range of technologically innovative and affordable electric automobiles and commercial vehicles. The range includes four models: Twizy (a city car), Fluence Z.E. (a spacious saloon car), Kangoo Z.E. (van) and, from the end of 2012, ZOE (compact hatchback).
Renault has a workforce of 128,000 worldwide. In 2011, the Renault Group reported total sales of €42,628 million and sold more than 2.7 million vehicles.