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2 stars (out of 4)
After setting aside Nine Inch Nails in 2009, Trent Reznor wrote an Oscar-winning film score for "The Social Network," got married, had kids, and started another band (How to Destroy Angels).
Now he's flying the Nine Inch Nails banner again – though to call it a "reunion" is a stretch, because Reznor has been the band's sole constant the last 25 years. But with NIN comes a certain mind set, one that addresses a particularly bleak world view with a mixture of aggression, anger and drama. NIN was Reznor's greatest theatrical invention; he gets to play the anti-hero, the permanent outsider tinkering with his future-world machines. With each album, he re-creates the troubled planet between his ears.
Reznor is 48, though, and the perspective has shifted. For a few years he experimented with new methods of releasing his music, the digital do-it-yourself pioneer who turned one album (the 2007 "Year Zero") into an alternate reality game – the first cyber-era concept album? With his recent soundtrack and independently released work, he provided an excellent example of how an artist could age gracefully instead of turning into a caricature, constantly rehashing the hits of his youth.
Now that he's presumably a calmer, more centered individual with a family and a cushy major-label deal to push product, he struggles with the notion of how to move forward on a more mainstream platform. "Hesitation Marks" (Columbia) is aptly titled. It's an album laced with questions, anxiety and self-doubt. It feels less like a statement from a major artist than a sidestep.
"Everything I say has come before … I am just a shadow of a shadow of a shadow," Reznor announces on "Copy of A," as if to anticipate the response to an album that inevitably will be compared to its seven predecessors, including such generational landmarks as "The Downward Spiral" (1994) and "The Fragile" (1999).
On those earlier albums, Reznor established a sonic vocabulary that merged industrial clang with experimental atmospherics and made it personal – the composer's thumbprint was so large that you could detect a Nine Inch Nails song after hearing only a couple of notes. "Hesitation Marks" continues in that tradition, but in more subdued fashion. The quieter moments explored on "The Fragile" serve as a template, particularly in the disturbed piano nocturne "Find My Way"; the desolate atmosphere and the gospel fragility of the vocals suit the mid-life Nine Inch Nails just fine.
Reznor's ability to create sounds that aren't readily identifiable and his skill at layering those foreign tones provide the most pleasurable moments: The way the wordless choir overtakes the chorus like a big cloud and the roughed-up guitar that muscles in over the electronic bleeps on "Came Back Haunted"; the falsetto vocals and gamelan-like percussion in "Various Methods of Escape"; the speaker-rattling bass tones and darting synths underpinning a disembodied vocal on "While I'm Still Here"; the hip-hop-like snap-crackle-pop minimalism of "Disappointed" overlaid with swarming bee-hive guitars.
But too much of "Hesitation Marks" sounds tentative. "Everything" evokes the chunky guitar clichés that Reznor once sought to kill, and much of the album's final half ("Satellite," "Running," "I Would For You," "In Two") feels more like an impressive collage of sounds rather than a series of memorable songs.
Nor is Reznor investing much in these lyrics beyond sharing his anxiety. "I came back haunted," he sings. But of course he did. "Hey! Everything is not OK!" he announces on "All Time Low." It's hard to argue with him.


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East Grand schools take anti-bullying steps
Pop culture is full of books and movies that claim to represent "real" student life. From the "Diary of a Wimpy Kid" book series to the movie "Mean Girls," they all have one thing in common – bullies.
While bullies may make good plot conflict, in reality they are a problem for which schools nationwide seek a solution.
East Grand School District is no different, and the schools have spent the past week focusing on anti-bullying themes. Prevention is the first step, and everyone is taking it seriously.
Songs, skits and pledges
Fraser Valley Elementary is teaming up with the Winter Park Police Department to present targeted assemblies to each grade level. Students will be walked through scenarios of bullying, and its consequences.
Throughout the year, teachers also teach a "Health and Me" unit, which focuses on components of a relationship, how to treat each other, and how to be a friend.
Indian Peaks Charter School focused on themes of honesty, loyalty, leadership and respect. Students brainstormed about what these traits both look and sound like, and participated in bond-building trust exercises.
Granby Elementary worked on building up the school culture. Students in third, fourth and fifth grades learned the school song and sang it together. Principal Jane Harmon also plans to read books with anti-bullying themes aloud at lunch throughout the week.
Granby Elementary fifth-graders also memorized an anti-bullying pledge. As part of an assembly, the fifth-graders presented anti-bullying skits and solutions to the rest of the school. The last few performers ended their skit by reciting the pledge, and the rest of their classmates in back spontaneously stood up and joined in, ending in unison.
"It was quite remarkable to see the rest of the students look back when they heard those other fifth-graders," Harmon said, "and knowing that all of the fifth-graders were saying it together. It's a powerful little piece that they say about bullying."
East Grand Middle School has gotten involved in several popular national anti-bullying movements. Stompoutbullying.org is a national anti-bullying program for kids and teens. According to the website, it focuses on reducing and preventing bullying by educating students, teachers and parents, raising awareness, and promoting peer mentoring programs.
Teaching Tolerance promotes an event called Mix It Up at Lunch Day on Oct. 30, which encourages students to spend their lunchtime with a different group of classmates than they usually would.
"Studies have shown that interactions across group lines can help reduce prejudice," states the website. "When students interact with those who are different from them, biases and misperceptions can fall away."
Still linked
Middle Park High School is still riding its wave of success that is the Link Crew program. New this year, the program connects upperclassmen with incoming freshman to promote togetherness, mentorship and friendship.
"We're there to support them," said senior Erin Brown, a Link Leader, of the freshmen. The idea is to keep the newcomers from feeling nervous or being bullied, and to make sure they fit in and have a positive experience.
The Link Crew experience extends year-round, with constant contact between leaders and freshmen.
"It was an excellent experience," freshman Juliet Shams agreed. Her Link Leaders often talk with her after class, and leave notes on her locker.
"It makes me feel super comfortable," she continued, adding with a laugh, "knowing that there's an upperclassman that's not going to shove me in a locker."
Thanks to the Link Crew, this is just a joke to laugh at, and not an uncomfortable reality.
Start a dialogue, stay on topic and be civil.
If you don't follow the rules, your comment may be deleted.

subset: commoncrawl


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Kunst und Kultur
Interested in art or history? Then Budapest is your city! Here, you will find several museums, with wonderful exhibitions and interior. They have discounts for students and on fixed public holidays the entry is free.
Also walk around the hostel area you will definitely some small shops, where yound artists sell their great works.
Printa is a small concept shop in Budapest and Vienna, a gallery, a studio and a café with fantastic works of art. The shop features everyday items, clothing and accessories, as well as recycled items by young, talented Hungarian designers. The gallery, producing limited edition prints, hosts exhibitions every other month to showcase its new work. These limited edition prints are then turned into t-shirts, cushions and aprons at their silkscreen studio. Budapest Bridges Printa's clothing and accessory lines make perfect gifts. If you want to take away some unique mementos of your Budapest trip, check out their creatively designed Budapest t-shirts. Highly recommended! Only two minutes walk from Wombats Budapest. Monday – Friday: 11 am to 7 pm, Saturday: 11 am to 5 pm
Spotted by Locals – some great insiders tips
Museum of Fine Arts (Szépm?vészeti Múzeum)
Dózsa György utca 41. Tue–Sun 10–18. Mon closed. Admission Ft 1800 for the permanent exhibitions, Ft 2000–2400 for all exhibitions. Has one of Europe´s biggest collections of ancient Egyptian art, as well as some Greek and Roman sculptures. The Old Masters section includes works of El Greco, Velázquez and Goya. Also on Heroes Square, facing the Museum of Fine Arts is the
Kunsthalle (M?csarnok)
Dózsa György utca 37. Mon closed, Thu 12–21, rest of the week 10–18. Admission Ft 1900. Hungary´s most important museum for contemporary art. Only temporary exhibitions.
Hungarian National Gallery (Magyar Nemzeti Galéria)
Szent György tér 2. Tue–Sun 10–18. Mon closed. Ft 1200, Ft 2400 for some temporary exhibitions. Covers Hungarian art of all genres and epochs.
Hospital in theRockMuseum (Sziklakórház)
Lovas utca 4/c. Tue–Sun 10–20. Mon closed. Admission Ft 3600. Guided tours depart on the hour. There has been a vast system of tunnels under the Castle Hill for a long time, used for food storage and other purposes. During World War II, part of it was converted into an underground hospital with three wards, complete with own power supply. A nuclear bunker was added later and can now be visited, too.
House of Terror (Terror HÁza)
Andrássy utca 60. Admission Ft 2000. Mon closed, Tue–Sun 10–18. Opened in 2002 in the former headquarter of the secret police, this is a memorial to the victims of the Nazi-related Hungarian Arrow Cross regime and the Communist regime after WW2, some of whom have been tortured or killed in the basement of this building, where the cells can be seen. Much of the exhibition is in Hungarian, but audio guides in English are available. Better and less lurid than the House of Terror is the [15] Holocaust Memorial Center (HDKE) in Páva utca 39. Open Tue–Sun 10–18, Mon closed. Admission Ft 1400.
Hungarian House of Photography (Mai Manó House)
Nagymez? utca 20. Admission Ft 1000. Mon–Fri 14–19, Sat–Sun 11–19. The house, former home and workplace of Manó Mai, the imperial and royal court photographer of the Austro-Hungarian Empire is a sight on its own. Very good exhibitions of contemporary photography.
For further informations and directions please ask at the reception or check also http://www.museum.hu/
For further informations and directions please ask at the reception or check also http://www.museum.hu/
Hungarian State Opera (Magyar Állami Operaház) Andrássy utca 22. 5 minutes walk from the hostel. Budapest is proud of the most beautiful opera house of the world, in which the opening performance took place in 1884 after nine years of construction. The staircase and audience area of the Opera House are decorated with frescoes of the most important Hungarian painters at that time. The first director of the Opera was Ferenc Erkel, who was followed by the famous Gustav Mahler, and also Puccini introduced two of his operas in this building.


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WASHINGTON (AP) — The government says the number of violent crimes rose by 18 percent in the United States last year while property crimes went up by 11 percent.
It was the first year-to-year increase for violent crime since 1993. The report does not address any correlation between the spike and chronically high unemployment figures.
That increase marks the end of a long string of declines for violent crime, which has fallen by 65 percent since 1993 — from 16.8 million to 5.8 million last year.
The information comes from the U.S. Bureau of Justice Statistics' annual national crime victimization survey.
The bureau cautions that the size of the percentage increases in both violent crime and property crime is driven in large part by the historically low levels seen in 2010.
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The ski resort of Flaine is a specially constructed town, dedicated to skiing. The centre is reserved for pedestrians and close by to your accommodation you'll find everything you need for your holiday: Ski slopes, ski lifts, an array of shops and also leisure areas. Car parking is plentiful and to make things a little easier you are allowed to park your car outside your door for a limited time for loading and unloading baggage. The Grand Massif ski area links the resorts of Flaine, Morillon, Les Carroz, Samoëns and Sixt Fer à Cheval. Situated between Lake Geneva and Mont Blanc the area is exceptional offering picture postcard scenery all around. Originally devised by Emile Allais, Flaines ski runs follow the natural contours of the mountain. They provide a wide variety of terrain for skiers, from beginner to expert. Several of the ski runs are also specially designed for beginners. They are accessible by 4 free ski lifts: The Pré drag or chairlift, the Bissac rope tow lift and the yogurt pot style lift in the Flaine Forum. Right from the top of Flaine skiers can discover the 14 km long blue run which follows the perimeter of the Sixt-Fer-à-Cheval Nature Reserve. In the Aujon area of the resort, the Flaine "Jampark" is reserved for all the freestylers. The team organise a range of activities and events including BBQ, DJ's and snow parties! The thrill seekers in Flaine can attempt the "Combe de Gers" which is a steep run offering some wild skiing for those with a little bit of experience. The long, technical and steep descent drops more than 800 vertical metres. Being up relatively high, Flaine receives good snow fall and has many spots to make the most of the newly fallen powder snow, try out the "Lindars" downhill for example. After skiing or if you fancy having a rest day off the slopes Flaine has many activities on offer waiting to be discovered: Ice Driving, Ice Quad Biking, Karting on ice, paragliding, helicopter rides, snowmobiling and rock climbing to name but a few, even if you're not skiing flaine has something on offer for all tastes. Winter sports holidays don't always have to be fast paced and filled with action, in fact finding a little moment for one to be calm and serene is important for many. For those visitors who prefer to enjoy the warm, Flaine has lots of things to do: a cinema, an ice rink and a fitness centre where you will find saunas, relaxation rooms, a weight room, cardio machines, a solarium, physiotherapy and massages. What many visitors don't know is that Flaine is also a cultural landmark in France. At the bottom of the slopes there is a range of monumental art. Artists include Picasso, Dubuffet, Vasarely and Bury... With that the buildings themselves also have an interesting history; many of them are even classified as historic monuments. Visitors can enjoy guided tours of the resort which are held each week. In Flaine children are long from forgotten. There are is a great choice of things to do, keeping the little ones occupied: day-care, nursery, kids club, in-hotel childcare services. There are also ski and snowboard courses along with freestyle specific courses which are open to all. Also on offer a range of activities off-slope, quad bikes, tobogganing, dog sledding, snowshoeing, rock climbing, ice rink, cinema and a library to name but a few.
Quick access Shops Sport 2000 Resort overview Snow report Webcams
|Cable cars
|Poma lifts
|+33 (0)4 50 90 80 01


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"Joyful" was the first word that came to mind when I was asked to describe my son's birth. At that time, in 1987, I was a self-proclaimed "westside woman," a studious and conservative academic, wary of anything east of Granville Street (don't laugh.) So, for me to start spouting words such as "joy," "transformation," "energy," or "empowerment" was a major departure from what people expected of me - or of what I expected of myself.
I have to thank an outspoken Scottish woman who sat next to me at a mum's group in 1983 for pushing me towards a different view of birth. She told me about a new midwifery pilot project at Grace Hospital which cared for 4-6 patients per month. "Well, as long as they're British-trained nurse-midwives," I said. That's my upbringing talking. As the only Canadian-born child in a British family, I held anything "British" as the gold standard. So, that's why I chose midwifery care. No deep-seated granola philosophy - just a blind trust of anything British. That's pretty silly of me, but the result was amazing.
I was looking for greater respect in my second birth, and hoping for less medical intervention. What I didn't count on was that this birth would shake my Type-A personality to the core and transform me. By trusting my body, my intuition, my husband, and the midwives I had chosen to support me, I had found the way to birth with joy. So there I was, the conservative westside woman giving birth:
I danced with my husband
The midwives left the room because they said the dancing seemed too sacred for their presence
Felt the energy of my midwives raise me up off the floor
Sat in yoga positions toning
Had I ever even heard of toning? No, it just came out of me
Sang in the shower
"Row, row, row your boat" and the Anglican "Gloria" - who knew that would come to me?
Visualized floating in Hanauma Bay
What an amazing memory of the imagined sun beating down on my back!
Became connected to every other woman
Past, present and future
And birthed my son without muss nor fuss
Just a leg thrown over the midwife's shoulder
Who knew that there was poetry in birth?
And that is why I have been a doula ever since...
To help women labour freely...
To help women see the joy and poetry in birth...
To help women trust their intuitions and their body...
To transform these women into mothers who are trusting of themselves and their babies...
To create strong families...
What surprises and saddens me is that, after all this time, normal birth is still something that is difficult to achieve in our society. Medical caregivers often are surprised when a normal first-birth occurs. Enlightened doctors are struggling to maintain a positive atmosphere in institutions that increasingly view cesarean birth as totally acceptable. Midwives are finding some hospitals less supportive of their presence. And the women in labour find it increasingly difficult to have their voices heard in the over-crowded medical system.
How much have we lost if there needs to be a Campaign for Normal Birth spearheaded by the Royal College of Midwives in Britain?? How much have we lost if the family physicians are feeling lost, and midwives are burning out?
Think about it. Perhaps each of us needs to be even more courageous in our attempts to support normal birth, so that the words "joy," "transformation," and "empowerment" become not just tolerated, but encouraged. The paybacks are life-changing - isn't the battle for normal birth worth it?


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Well, now we know what we've got left. Loyola put up a great fight, but fell to Michigan in the first of the two national semifinals, and with a record-setting deep-shooting barrage, Villanova advanced to another title game by rolling past Kansas.
These three are NOT stooges: Hakeem, Larry and Mo
If not for Mo Wagner, the Wolverines wouldn't have had much a chance against Loyola-Chicago. But they did have Big Mo in the lineup, and he did something pretty amazing — becoming just the third player in a national semifinal to score 20 or more points and gather up 15 or more rebounds.
The other two to turn that trick? A couple of no-names: Hakeem Olajuwon and Larry Bird.
Wagner laughed when a reporter asked him about the feat:
Wagner seemed unfazed by Loyola's stingy defense, and when he started going stronger to the offensive glass, things seemed to open up for Michigan's outside shooters.
He evened the game at 47 with a move that shows off his multiple talents — after getting double-teamed on the block, Wagner faked a pass, dribbled out to the 3-point line, and buried the game-tying shot.
Nothing to it.
Villanova's Eric Paschal is suddenly a sniper
The game had long been decided when with just over three minutes to play, Donte DiVincenzo rolled through the Kansas defense, and dished to Eric Paschal, who threw down a thunderous two-handed dunk.
But it was symbolic. Symbolic of the ease with which 'Nova toyed with the Kansas defense. And symbolic of how Paschall was a force to be reckoned with. The redshirt junior hit all but one of the 11 shots he took — including four of five from behind the 3-point arc. With weapons like Jalen Brunson, Mikal Bridges and Omari Spellman keeping opponents' attention, when Paschal gets rolling, the Wildcats are a tough team to slow down.
After struggling from behind the 3-point stripe last year, and then getting off to a slow start this season, Paschal has heated up down the stretch.
What's been the key? Hard work and good coaching, he said:
Gimme some time to warm up, please!
Maybe it was nerves, maybe it was the bigger barn. Either way, the shooting in the first game between Loyola-Chicago and Michigan was not pretty through the first few TV timeouts.
While John Beilein's bunch insisted on continuing a steady stream of bricks — missing 11 of 13 from behind the arc in the first half — the 11th-seeded Ramblers alleviates any shooting woes by getting closer to the rim. After falling behind early, Loyola-Chicago used a heavy dose of aggressive drives as underdogs jumped out to a 29-22 halftime edge.
But when Wagner started crashing the offensive glass in the second half, everything fell into place.
Michigan roared back with a 17-2 run, and Loyola coach Porter Moser simply didn't have any answers.
"We had that run with the turnovers. And it snowballed on us. And they hit some shots. I don't think it was any one thing. We tried to space it and cut hard. Their length. They're really good defensively. They close the gaps. We always talk about getting the domino going. They closed the gap of opportunity really fast," Moser said. "I thought we were rotating so well for so long that it just was a step slower, when you start getting that many turnovers in a row, and it was just — it was a painful run."
Still, the run has left a sense of pride in the school, as Kirk Wessler of the Peoria Journal Star writes here.
Here's what Loyola's Ben Richardson had to say on the subject:
Can Villanova do the Texas two-step again? After winning it all in Houston in 2016, the Wildcats sure looked unstoppable in the semifinal, using some amazing outside marksmanship to easily roll past a fellow No. 1 seed.
Michigan likes to shoot, and Mo Wagner proved he can bury the long ball in the Alamodome on Saturday, but if Villanova has anything close to a repeat performance of its semifinal showing, Jay Wright will get to hoist his the national championship trophy for the second time in the three years.
We'll find out for certain on Monday night.
Tip-off is slated for 8:20 local time (Central).


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Status of Technical Bulletin No. 97-1
Status of Technical Bulletin No. 97-1Classification of Deposits and Investments into Custodial Credit Risk Categories for Certain Bank Holding Company Transactions
StatusIssued: November 1997
Effective Date: Financial statements for periods beginning after December 15, 1997
Affects: Provided guidance on GASB 3, ¶67 and ¶68
Affected by: Superseded by GASBS 40, ¶8 and ¶9
Primary Codification Section Reference: None
Abbreviations for Accounting Pronouncements
|GASBS - GASB Statements
GASBCS - GASB Concepts
GASBI - GASB Interpretations
GASBTB - GASB Technical Bulletins
BFC - Basis For Conclusions
|NCGAS - NCGA Statements
NCGAI - NCGA Interpretations
SOP - AICPA Statements of Position
ASLGU - AICPA Audit Guide
GASB Q&A - GASB Implementation Guides


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About Rickards
Rickards Bait and Tackle is a family owned and operated business. We have proudly served our customers for well over 35 years. Whether you live close by or far away, we welcome the opportunity to serve you. We hope you'll take a few moments to browse our website to learn what we have to offer. The next time you're in the area, we hope you'll stop and visit us.
Beer and Wine
Our beer and wine are always sold at state minimum pricing which means by Ohio law, it cannot be sold for less in our area. We offer Island Wines by the bottle or case. When purchased by the case, it is discounted 10%. We offer a large selection of wine but if you should find we don't carry what you're looking for, please feel free to call - 419-734-2496 - or ask ahead of your next visit and we will be happy to order it for you and have it on hand when you arrive.
Rickards Lake Erie fishing supplies
Rickards Bait and Tackle has you covered for all your fishing needs: Walleye fishing, Bass fishing, Perch fishing, Bank fishing and Ice fishing with bait guaranteed to catch fish or it will 'die trying.'
Our Bait Selection Includes:
- Canadian Night crawlers
- Lake Shiners
- Bass Minnows (when available)
- Waxworms
- Softcraws
- Leeches
- Frozen Shiners


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Topics: Administrative, Board of Trustees
July 17, 2014
The Ball State Board of Trustees today approved general fund budgets for 2014-15, using significant reductions in expenses to fund more than $1.2 million for strategic plan initiatives as well as increases in financial aid funding, salaries and employee benefits.
Ball State has reduced expenses and reallocated about $15 million toward strategic plan initiatives over several years. The budget plan approved in May continues funding for strategic plan commitments while accounting for additional revenue and expenses in the strategic areas of international, graduate and online student enrollment.
In the May 2 board meeting, Randy Howard, vice president for business affairs and treasurer, noted that in the budget passed in April 2013, the state provided a $6.9 million increase in state operating appropriations for the 2013-15 biennial budget over the previous biennium. "The university is grateful for these new funds and the confidence in the university's mission they represent," Howard said. Howard also noted that state appropriations in 2014-15 are flat from the prior fiscal year and that the $6.9 million increase was offset by 2 percent in budget reductions from the state in both fiscal years 2013-14 and 2014-15.
However, he added that the university continues to absorb an $11.84 million reduction in 2011-13 state funding for operations on top of a $15.25 million reduction in the 2009-11 biennium.
Despite those reductions and significant inflationary pressures in areas such as health care and utilities, the university has managed to keep tuition increases at a minimum as well as provide raises and quality health care insurance for employees.
The budget passed today provides for a 4 percent increase in funding for university scholarship programs, following successive 9 and 12 percent increases in financial aid funding for each of the last two years. The new funds will help financial aid keep pace with tuition increases while enhancing resources for strategic recruiting initiatives for high-ability students in STEM (science, technology, engineering, and math) majors and the Honors College as well as transfer students.
As previously noted, the university funded a 3 percent increase to the salary pool for faculty and professional personnel in 2014-15, with raises based largely on merit. A 2.75 percent increase in funding for staff salaries also was approved, and the budget for student employees was increased by 2 percent to allow for the hiring of more students.
Also today, the board approved the auxiliary funds budget and the budget for the Indiana Academy for Science, Mathematics and Humanities.
In addition, the board approved an expanded section of the student code dealing with sexual misconduct. Kay Bales, vice president for student affairs and dean of students, highlighted the changes in the code, which put the university in compliance with new federal regulations. Bales had discussed the changes at length in a previous committee meeting last May.
The board also discussed the process and priorities the university will follow in submitting its biennial budget request to the state in September. The Finance, Facilities and Planning Committee discussed the university's top capital funding priorities, including a renovation, replacement and expansion of campus science and health facilities, including Cooper Science Complex, that will focus on programs related to STEM and health professions; an expansion and renovation of the Architecture Building, which houses the College of Architecture and Planning; upgrading and expanding the campus tunnel utility systems; and renovation and expansion of an instructional venue for the Department of Theatre and Dance.
In other business, the Finance, Facilities, and Planning Committee discussed renewal of the university's employee health care insurance plans and reviewed an update of the health care insurance auxiliary budget for the past and current year. Howard's presentation included a preview of possible plan changes and premium increases under consideration for 2015. "Health care costs continue to increase at an alarming rate nationally, and we are not immune," said Howard. "Our initial proposal balances doing all we can to contain premiums while keeping the benefits as valuable to our employees as possible. It's a challenge every employer is facing."
The university expects that trustees will approve final health care plans at its next meeting, with open enrollment for employees in November. New plans will be effective Jan. 1, 2015.
By Joan Todd, Executive Director of Public Relations


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Mary of Alpineberry is hosting this month's Sugar High Friday and has chosen Tropical
On a somewhat unrelated topic, I want to know your opinion… I know a bunch of you have taken cooking classes, some of you have also done full cooking programs at a chef school, (CIA or otherwise) and I want to know what you thought of it. What were you looking to get out of it and was it just for personal enjoyment or were you looking for a career? There are going to be some changes going on here in the next few months, I'm just not sure what those changes are going to be. Unrelated to cooking altogether, has anyone taught English in a foreign country?
Bri's Tropical Mango Treat
1 ½ cups plain yogurt
1 mango, peeled and sliced
1 cup water
¼ cup honey
1 inch ginger, sliced
Juice of 1 lime
Drizzle of banana
Strain yogurt through cheesecloth, preferably in the fridge overnight so that it gets nice and thick. In a small pot, bring water, honey, ginger and lime juice to a boil, stir to dissolve the honey and then reduce heat to a simmer. Add in the mango slices and simmer for 5 minutes. Remove mango from the syrup and roughly chop. Strain the syrup and reserve. In a small bowl combine the strained yogurt with a few spoonfuls of the syrup and whisk together. Layer the yogurt and mango pieces in a glass and drizzle with Banana Malibu liqueur. Serve as is or chill first. Makes 1 generous serving or 2 regular ones. You can then use the extra syrup to make drinks or flavoured water.
Technorati Tags:Mango + SHF + Yogurt


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Some good is coming out of this horrible epidemic. Our response to AIDS is helping to strengthen the entire American health care system, and could even have significant benefits for many developing nations.
Consider the issue of universal health care. At the local, state and national levels, dozens of groups are steadily working to provide more Americans with access to affordable health care. The cost of health care is such an enormous problem that it would garner a spot on the American political landscape even if there had been no AIDS epidemic. But what savvy AIDS activists have done is add some very loud voices to the growing demands that the U.S. health care system heal itself.
Chuck Bell of Consumer's Union, the non-profit publisher of ConsumerReports, gives high marks to the AIDS activists who have added their muscle to the push for health care reform. He calls attention to developments in New York state, where a strong consumer coalition has worked for changes that have earned the state a reputation as a leader in health care reform.
"AIDS activists have played an integral role in the coalition," Bell says. "They bring a wealth of knowledge and expertise from their involvement in other policy issues. They have a sense of what's possible, and what types of pressure need to be brought to bear."
Similar dynamics are impacting the issue of making medicine more affordable. A recent issue of Time magazine contained a six-page series of stories about growing consumer resistance to the high cost of pharmaceutical drugs. A dramatic full-page photo showed a woman angrily waving a bag of prescription drug bottles at a recent demonstration at U.S. House Speaker Dennis Hastert's Illinois office. AIDS wasn't mentioned once in the article, but anyone familiar with AIDS activism is well aware of its place in this battle.
A related issue is the inability of developing nations to pay the high cost of drugs that are only available from U.S. manufacturers because those manufacturers hold the patents. AIDS activists pushed this issue to the forefront several months ago by dogging Vice President Al Gore on the campaign trail. Their specific charge was that he was helping the U.S. bully AIDS-ravaged South Africa out of producing or procuring its own more affordable versions of AIDS drugs.
Two years ago, citing humanitarian reasons, the South African government had passed legislation that would provide an end-run around U.S. patents. But this end-run was stalled by the U.S. government, which sided with aggrieved American drug manufacturers -- with Gore playing a key role in a diplomatic show of force intended to persuade South Africa to back down.
Enter the American AIDS activists, whose highly visible protests of Gore's position led to coverage in the Washington Post, The New York Times, and Newsweek. Last September, AIDS activists won a significant victory when the U.S. and South Africa reached a compromise that enabled South Africa to work on more specific legislation.
South Africa's plan to produce drugs is still in limbo as the complicated international trade negotiations drag on. However, the efforts of the AIDS activists have sent a clear message to the U.S. government: it cannot put corporate profit above humanitarian need without facing the possibility of being publicly called on the carpet by its own citizenry. While the current struggle is specifically about AIDS drugs, the implications are far-reaching. AIDS activists are, in effect, calling for the United States to be a more altruistic member of the world community -- to put saving lives ahead of making money. If this precedent is clearly set in the AIDS arena, it might have a positive impact on how world powers deal with developing countries on a wide range of issues.
The grassroots response to AIDS has also provided a model for Americans dealing with other types of health problems. The most striking example is breast cancer activism. In the last decade, breast cancer activists have pushed for and won significant increases in federal funding for research, as well as greatly increasing awareness about the benefits of early detection. To say that AIDS activism made this possible would be an overstatement, as well as a discredit to other sources of inspiration for the breast cancer movement, such as the women's health movement of the early 1970s. But it's obvious that AIDS activism has been an important factor.
Dr. Steven Miles of the University of California-Los Angeles AIDS Institute, who has been treating people with AIDS and HIV since his residency in the early years of the epidemic, observes, "Initially there was much more rancor in AIDS activism -- people were doing things like going into [pharmaceutical companies] and spilling pigs' blood. The companies said, 'Come be a part of the process.' The AIDS activists won themselves a place at the table. After that, other groups became more emboldened."
Even the language that the HIV/AIDS community uses may be providing a model for others. Miles points out that the common convention of PWAs (People With AIDS) to talk about how many years they have been "living with AIDS," in other words, casting the struggle in less negative terms than they would if they talked about how long they had been ill, has a significant parallel. It's not uncommon for women stricken with breast cancer to identify themselves as "breast cancer survivors," he observes, and for those who regain good health to mark the number of years that they have been free of cancer.
This phenomenon is part of the larger issue of how people with certain health care needs define themselves and their relationship to health care providers. Again, people with AIDS and HIV are setting a great example. HIV-positive people's efforts to educate themselves about their options and to make their own decisions, instead of blindly following doctors' orders, have taken the concept of "patient empowerment" to a whole new level, changing how people with other kinds of needs relate to health care providers. While this trend has been slow to spread, it is definitely becoming more noticeable in other disease fields, particularly cancer.
Furthermore, the American psyche has long harbored a bugaboo that is finally being addressed more directly in the face of the AIDS epidemic: sexuality. There are still far too few discussions about how to have physically and emotionally healthy sex, but AIDS has compelled some people to try harder than they did before. "The epidemic has brought sexuality out of the closet," says Mark Hannay of ACT UP (AIDS Coalition to Unlease Power) New York. While contemporary candor about sexuality has its roots in the sexual revolution of the 1960s, Hannay suggests that the emergence of AIDS has led to new health-related developments such as "a much franker discussion about substance abuse and sexuality."
U.C.L.A.'s Miles agrees that AIDS has contributed to more open discussions about once-taboo issues. He believes that there's a connection between the AIDS epidemic and a growing trend that he sees in the cancer field. "People are beginning to discuss sexual functioning post-mastectomy or post-prostectomy with their doctors," he says. "Physicians fully expect patients to ask about this now."
Developments in the AIDS community have also had an impact on some more general health care issues, such as preventive care. People with AIDS and HIV are helping to call attention to the concept of maintaining wellness, instead of only seeking health care when illness occurs. Ditto the concept of holistic health care -- addressing a person's medical needs in the context of that person's emotional makeup and socioeconomic status.
These are only some of the possible beneficial outcomes of our experiences in the AIDS epidemic. We won't be able to fully comprehend what we have accomplished until we have gained the perspective that comes with time.


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No. 97,091
1. Judicial review of a determination by the Kansas Department of Labor is governed by K.S.A. 77-621. In that review, a court may not substitute its judgment for that of the agency. It is restricted to considering whether, as a matter of law, (1) the administrative agency acted fraudulently, arbitrarily, or capriciously, (2) the agency's administrative order is supported by substantial evidence, and (3) the agency's action was within the scope of its authority.
2. Substantial evidence in workers compensation cases is evidence that possesses something of substance and relevant consequence which induces the conclusion that the award is proper. It is evidence which furnishes a substantial basis of fact from which the issue can reasonably be resolved.
3. In a judicial review of actions of a administrative agency, an appellate court reviews the evidence in the light most favorable to the prevailing party and does not reweigh the evidence or assess the credibility of witnesses. Findings supported by substantial evidence will be upheld on appeal even if evidence in the record would have supported contrary findings.
4. The interpretation of a workers compensation statute by the Kansas Department of Labor is a question of law over which an appellate court has unlimited review.
5. An agency's interpretation of a statute it administers is entitled to judicial deference, and if there is a rational basis for its interpretation it should be upheld.
6. There is a rebuttable presumption of validity attached to an action of an administrative agency, and the burden of proving the agency acted arbitrarily and capriciously lies with the party challenging the agency action.
7. Under the facts presented here, the determination by the Kansas Department of Labor that a worker injured on the job violated K.S.A. 44-5,120 by making false or misleading statements or misrepresenting or concealing material facts at least 10 times during the course of a deposition in an attempt to obtain workers compensation benefits is supported by substantial evidence.
8. Under the facts presented here, under K.S.A. 44-5,120(g), each false or misleading statement or misrepresentation by an injured worker made in a deposition in an attempt to obtain workers compensation benefits constitutes a separate violation upon which a fine of up to $2,000 may be imposed.
9. Under the facts presented here, the Kansas Department of Labor did not act arbitrarily and capriciously in assessing a fine of $20,000 against an injured worker who made at least 10 false or misleading statements or representations of his physical condition during the course of a deposition in his workers compensation case.
Appeal from Shawnee District Court; TERRY L. BULLOCK, judge. Opinion filed September 28, 2007. Affirmed.
Paul D. Post, of Topeka, for the appellant.
Brett A. Flachsbarth, of Kansas Department of Labor, for the appellee.
Before CAPLINGER, P.J., ELLIOTT, J., and BUKATY, S.J.
BUKATY, J.: This case involves a judicial review of an agency action under K.S.A. 77-601 et seq. The Kansas Department of Labor (KDOL) found that Gail E. Coonce had violated K.S.A. 44-5,120 by making several false or misleading statements and misrepresenting material facts regarding his disability while attempting to obtain workers compensation benefits. It assessed a fine of $20,000. The district court upheld the determination. Coonce now appeals. He raises three issues: (1) is there sufficient evidence to support KDOL's findings, (2) did the KDOL correctly interpret a statute in concluding that each statement Coonce made in a single deposition constituted an independent act of fraud or abuse, and (3) was KDOL's determination otherwise arbitrary and capricious? We find in favor of KDOL on all issues and affirm.
A rather detailed recitation of the facts, especially excerpts from Coonce's deposition, is necessary for an understanding of the arguments and issues on appeal.
On February 20, 2002, Coonce was injured during his employment as an electronic service technician with Cytek Media Systems (Cytek). While working on a project for the company near Springfield, Missouri, Coonce was attempting to unload heavy equipment when he felt pain in his lower back and was unable to move for an extended period of time. He contacted his supervisor and informed him about the injury on the same day it occurred. He subsequently filed a workers compensation claim against Cytek. Neither Cytek nor its insurer have ever disputed that Coonce suffered an injury on the job and was entitled to workers compensation benefits as a result.
When Coonce returned to Topeka, he sought medical treatment. Doctors diagnosed the injury as a ruptured disc in his lower back. After trying several different treatment options that had little or no effect, Coonce underwent surgery in February 2003 on his back for the removal of the herniated disc and fusion at the L4-5 level. The total cost of this treatment amounted to $84,602.98, which was paid by Cytek and its insurance carrier. Coonce also received temporary total disability benefits in the amount of $37,606.20 (at a rate of $441.05 per week).
In July 2003, the surgeon who performed the surgery rated Coonce at maximum medical improvement. He has not returned to work since his injury.
On October 9, 2003, Dr. James Warren, Jr., who had been treating Coonce since January, made the following observations regarding Coonce's physical restrictions: "I basically restrict the patient to sedentary work. No lifting, bending and no twisting, nothing greater than ten pounds. I also recommend that he wear his back brace during activities." Dr. Warren also found that Coonce had attained maximum medical improvement.
At the request of Cytek's insurance carrier, an independent investigator performed video surveillance of Coonce at his home in the fall of 2003. Specifically, on October 12, Coonce was videotaped performing cement work on his driveway. Coonce began the work in the morning by driving to an equipment rental store to get a cement mixer. He left the home again and returned with bags of concrete mix. The video showed Coonce lifting bags of cement mix and pouring the contents of the bags into a cement mixer, pushing a wheelbarrow, moving the cement mixer, shoveling, bending, and squatting. Coonce performed these activities without a cane over a 3- to 4-hour time period.
On December 23, 2003, Coonce gave a deposition in conjunction with the workers compensation proceeding. Coonce was unrepresented by counsel at the deposition, and the examination was videotaped. During the course of the deposition, Coonce was questioned by Clifford Stubbs, an attorney for Cytek's insurance company, with whom the following exchanges took place:
"Q. Whether with a cane or without a cane, how long are you able to be on your feet, or how long have you been able to be on your feet since July of 2003, at any one time?
"A. Two hours max.
"Q. And to your knowledge, what were you able to do for two hours, since July of 2003, where you were on your feet that long?
"A. Standing in the garage. I have a–six televisions, six different channels, and I stand there with my cane. I don't sit in the garage. I go out there to watch a little TV, take the dogs out there with me. I might have been standing there two hours maybe. That's pushing it.
"Q. If you're on your feet that long, what type of symptoms do you have?
"A. Sharp feet pain, lower back pain. And again, the tension in the back reaching the point of a migraine.
"Q. If you're on your feet that long, does your pain become excruciating?
"A. Yes.
. . . .
"Q. What about bending? Since July of 2003, have you been able to bend?
"A. Not very far forward at all. I said I could pick up that cane, but I would do it by bending my knees and grabbing a hold of the table and pulling myself back up. The answer would be 'no' on bending.
. . . .
"Q. What's the heaviest thing that you're able to lift without pain?
"A. That notebook. A gallon of milk is too much.
"Q. What type of pain complaints do you have when you lift a gallon of milk?
"A. The lower back gets more pain in it; and then when that happens, the leg is tied right to it. The leg gets more pain in it.
"Q. When that happens, do you have excruciating pain that you have to set it down, set the gallon of milk down and immediately go sit down or lie down?
"A. Uh-huh.
"Q. Is that a yes?
"A. Yes.
"Q. And has that been, you know, consistent since July of 2003?
"A. Yes.
"Q. Are you able to twist at all? Do you have any difficulties with twisting?
"A. I can't twist.
"Q. What other physical tasks do you have difficulty performing?
"A. Putting my shoes on, putting my pants on, taking a shower, riding in a vehicle.
. . . .
"Q. What other physical activities does your back pain or the other pain that you have told me about, prevent you from doing?
"A. Well, I haven't had sex for two years, because I have no feeling. Gosh, I used to, you know, work on my own car. I used to do a lot of things. Shoot a few basketballs with my daughter, and all that is gone. I'm just--
"Q. Let's focus on some of those things around the house. Are you able to mow your yard--or do you have a yard, should be my first question?
"A. Yeah, we have a yard.
"Q. Are you able to mow the yard?
"A. No. I have tried. I even bought a riding mower; but it makes me flair up as with any activity.
. . . .
"Q. Are you able to shovel the driveway, if there's snow?
"A. No.
"Q. Are you able to rake leaves, if the leaves need to be raked?
"A. No. No. I've tried, it makes me flair up also.
"Q. Are you able to do any home improvement projects?
"A. No. No, I can piddle for short periods of time."
. . . .
"Q. In your opinion, what's the most active thing that you have done since February 20 of 2003, and how long were you able to do it?
"A. I would have to say going to Physical Therapy and my uncle's funeral, where we drove--it was a half hour, 45 minutes there. I went to the funeral. Didn't go to the cemetery. Drove back the half hour, 45 minutes. Migraine headache, vomiting, that situation, by the time I get home.
"Q. Anything else more active than that, because that frankly doesn't sound very active?
"A. I know. It's riding in a car, though; it's bumping. If you could feel the pain in my back right now, a little bump, you know, makes it worse. I think that's why a vehicle does it, or even out and walking. No, sir."
Coonce later added to this answer by way of an errata sheet, where he explained:
"I've been to physical therapy--18 times; I've tried a lot of things. I've also taken about 900 pills per month. I have some days better than others, but the bad days far outnumber the good. When I take Oxycontin I do get some pain relief, but my speech is slurred; I loose [sic] coordination; I bump into things; I get very anxious & nervous & dizzy. Then it wears off and I hurt worse.
. . . .
"Q. Mr. Coonce, in your opinion, are you able to perform any type of work?
"A. No.
"Q. And we've--
"A. I mean I could do anything for five or ten minutes. I could do anything for an hour, sit here and talk to you; but I'm worried about getting back home now, the longer we sit here, because if I get a migraine on the road, that's about all--I'll take some meds, when I get out of this meeting. I can do anything for a little while--not anything, but I can do little things. I can [piddle] for a little while.
"Q. When you say 'a little while,' what are you talking about?
"A. Get up this morning, take a shower, get dressed. That's the maximum, taking a shower. I was ready to call you and say forget it. Take some more medicine. Do it. So a shower is one of the roughest things I can do right now. But I can't stop showering, you know. Does that answer your question?
"Q. Are you optimistic, or do you have any thought or understanding about whether or not you will be able to obtain work in the future?
"A. I'm still optimistic. I'm only 42. I am more optimistic than my surgeon, Dr. Smith, is though. He has stated six months, maximum medical improvement. You're probably going to be like that for the rest of your life."
In addition to these statements, the attorney asked Coonce to stand to demonstrate his own physical abilities on the videotape. According to the transcript, Coonce described himself as "stiff" and took a long time to stand from his chair, while he put "significant weight" on his cane. Dr. Smith, who later viewed the videotaped deposition, described Coonce as "showing himself to be extremely disabled" when he attempted to stand.
At the close of the deposition, the insurance company's attorney questioned Coonce regarding the truthfulness of his answers and discussed Coonce's right to review the deposition transcript and clarify any answer asked him if needed:
"Q. And have you done, as best you can, to accurately, truthfully and honestly describe your physical complaints and physical abilities since the accident?
"A. Yes.
"Q. Mr. Coonce, you have the right, under our procedure, in Missouri and Kansas, to read the deposition transcript and make sure that she's taken down my questions accurately and your answers accurately. You can either exercise that right, and she'll send a copy of that transcript to you with directions on what you should do, or you can waive that right.
"And given the fact that you commented earlier that you have been taking some pain medication--you said you didn't think it would affect your ability to understand my questions and testify truthfully and honestly--I would request that you exercise your right to read and sign the deposition transcript. Is that acceptable to you?
"A. Yes."
When Coonce received the deposition transcript, he filled out several errata sheets in which he clarified his deposition answers. However, he did not alter the substance of his answers regarding his physical ability after July 2003, and specifically did not relate any information about the driveway work he had performed in October. Coonce signed off on the transcript and corrections on January 28, 2004.
After receiving the signed transcript and errata sheets from Coonce, the insurance company's attorney consulted his physicians to get their opinions as to whether Coonce had accurately portrayed his physical disability during the deposition. In a letter dated April 13, 2004, Dr. Smith, Coonce's surgeon, explained:
"I have met today with Mr. Clifford K. Stubbs. I have reviewed a video tape of Mr. Coonce on October 12, 2003, showing him doing a fair amount of construction work the entire morning. He was laying what appears to be a patio with cement. In addition, I have seen portions of a deposition dated December 23, 2003, specifically I did see a portion of that deposition when Mr. Coonce tried to demonstrate his ability to stand up. The two do not appear equal. On the video tape in October, he is doing a significant amount of work and then in December, two and a half months later, he is showing himself to be extremely disabled. This is very tough. There does seem to be some discrepancy between his deposition and how he was on October 12, 2003."
In addition, Dr. Warren made the following observations regarding Coonce in a letter dated May 21, 2004:
"After reviewing the videotape, which was done on 10/12/2003, knowing that it was performed three days after my evaluation, which was done on 10/09/2003, my impression is the following:
"1. That the patient does not have a failed back and does not meet the criteria for failed back syndrome. He clearly has had a good outcome from the surgery performed by Dr. Smith.
"2. That the patient clearly fits the diagnosis of malingering. The patient clearly is deceiving his caregivers for secondary gain. The patient says that he is unable to do sedentary work. However, in this videotape, he is observed doing heavy-duty labor for approximately 3 to 4 hours.
"3. My percent impairment would be reduced to 10% or less by AMA guides based on the percent impairment, which would be given for a surgical procedure of the lumbar spine.
"4. I am raising the patient's activity level, recommending that the patient can return to work full duty and can even participate in heavy-duty labor."
In October 2004, the following "progress report" was added to Dr. Warren's records after a visit from Coonce:
"This is a gentleman who follows up with me hostile and angry with me because I decreased my disability evaluation percentage down to 10% based on a video tape that was shown to me of Mr. Coonce going [sic] heavy duty labor building a patio doing cement work, bending, twisting, lifting cement bags, turning a cement mixer. This work went on for about 4 hours. The patient prior to that has asked me to write a note saying that he could not do any type of work, not even sedentary. I pointed out to the patient that after he wrote this note and asked me this question about whether or not I could state that he could not do any work at all, the patient is seen on this video tape going [sic] heavy duty labor."
In addition, Coonce's testimony during the deposition that he and his wife had not had sex "for two years" appeared inconsistent with the records of Dr. Christopher T. Balcezak, Coonce's urologist. In a "Progress Note" dated August 7, 2003, Dr. Balcezak observed that "[Coonce] and his wife are currently sexually active several times a month. His wife is currently using oral contraception, and the patient and his wife would like to have a more permanent solution."
Based on this information, Cytek's insurance company filed a complaint with the Fraud and Abuse Investigation Section of the Kansas Division of Workers Compensation. The Director of the Fraud and Abuse Unit then issued a summary order finding that Coonce had violated K.S.A. 44-5,120(d)(4)(A) and (B) by making false statements regarding his physical abilities during the deposition. The Director assessed a fine of $20,000 for Coonce's actions, citing K.S.A. 44-5,120(g).
Following Coonce's request for a hearing to determine the validity of the summary order, a hearing officer upheld the order. Among other things, the officer found:
"11. The respondent's willful, knowing or intentional misrepresentation or concealment of a material fact is shown when comparing the respondent's deposition testimony and his statements to medical providers coupled with the video surveillance taken of the respondent. The sequence of the statement, testimony and the video surveillance supports the conclusion that the respondent could and did perform physical acts that he claimed he was unable to perform without severe pain or because of the impairment caused by his injury.
. . . .
"13. The state has proven that Respondent committed at least ten violations of K.S.A. 44-5,120(d)(4)(A) and (B) and pursuant to K.S.A. 44-5,120(g)(1) should be fined $2,000.00 for each violation."
Based upon these conclusions, the hearing officer assessed a fine against Coonce in the total amount of $20,000.
Coonce filed a petition for review with the Kansas Secretary of Labor which was denied. He then filed a petition for review with the district court, alleging that KDOL's decision was not supported by substantial evidence and the agency had incorrectly interpreted K.S.A. 44-5,120(g) in assessing the fine against him. The court affirmed all the findings.
Our analysis begins with a consideration of our standard of review. Judicial review of KDOL's determination that Coonce violated the fraud and abuse sections of the Workers Compensation Act (Act) is governed by K.S.A. 77-621. On appeal, a reviewing court may not substitute its judgment for that of an administrative agency. It is restricted to considering whether, as a matter of law, (1) the administrative agency acted fraudulently, arbitrarily, or capriciously, (2) the agency's administrative order is supported by substantial evidence, and (3) the agency's action was within the scope of its authority. Lacy v. Kansas Dental Board, 274 Kan. 1031, 1040, 58 P.3d 668 (2002).
This case requires us to consider the proper interpretation of K.S.A. 44-5,120(d) and (g), and then to apply that interpretation to the facts of this case to determine whether the Fraud and Abuse Unit was correct in finding that Coonce violated those sections of the statute in his deposition testimony in December 2003. In doing so, we must utilize a combination of standards of review which are interrelated: whether the decision is supported by substantial evidence, whether the agency correctly interpreted the statute in assessing the fines against Coonce, and whether the agency decision was otherwise arbitrary and capricious.
Substantial evidence in workers compensation cases is evidence that possesses something of substance and relevant consequence and which induces the conclusion that the award is proper. It is evidence which furnishes a substantial basis of fact from which the issue raised can be reasonably resolved. The appellate court reviews the evidence in the light most favorable to the prevailing party and does not reweigh the evidence or assess the credibility of the witnesses. Neal v. Hy-Vee, Inc., 277 Kan. 1, 16-17, 81 P.3d 425 (2003). An appellate court will uphold findings supported by substantial evidence even though evidence in the record would have supported contrary findings. Poff v. IBP, Inc., 33 Kan. App. 2d 700, 706, 106 P.3d 1152 (2005).
On the issue of KDOL's interpretation of statutes, the interpretation of the Act (of which K.S.A. 44-5,120 is a part) is a matter of law over which an appellate court's review is unlimited. McIntosh v. Sedgwick County, 282 Kan. 636, 641, 147 P.3d 869 (2006). Under the doctrine of operative construction, "the Board's interpretation of the Act is entitled to judicial deference. If there is a rational basis for the Board's interpretation, it should be upheld." 282 Kan. at 641 (citing Foos v. Terminix, 277 Kan. 687, 692-93, 89 P.3d 546 [2004]).
Finally, as to whether KDOL acted arbitrarily and capriciously, a "rebuttable presumption of validity attaches to all actions of an administrative agency and the burden of proving arbitrary and capricious conduct lies with the party challenging the agency's action. [Citation omitted.]" Kaufman v. Kansas Dept. of SRS, 248 Kan. 951, 961, 811 P.2d 876 (1991).
Turning to the issues raised by Coonce, he first argues that the hearing officer's determination that he had committed several fraudulent or abusive acts as defined by K.S.A. 44-5,120(d)(4)(A) and (B) was not supported by substantial evidence. In particular, he asserts that the statute should not apply to him, because (1) he did not receive any benefits as a result of his testimony at the deposition, and (2) his testimony involved "his subjective beliefs as to his condition and as a consequence are not 'facts.'"
K.S.A. 44-5,120 provides in relevant part:
"(d) Fraudulent or abusive acts or practices for purposes of the workers compensation act include, willfully, knowingly or intentionally:
. . . .
(4) obtaining, denying or attempting to obtain or deny payments of workers compensation benefits for any person by:
(A) Making a false or misleading statement;
(B) misrepresenting or concealing a material fact."
As to Coonce's contention that he obtained no benefits from his deposition testimony, the plain language of the statute renders that fact irrelevant if he "attempt[ed] to obtain . . . workers compensation benefits for any person" by the means prohibited by the statute. "When a statute is plain and unambiguous, the court must give effect to the intention of the legislature as expressed." State ex rel. Stovall v. Meneley, 271 Kan. 355, 378, 22 P.3d 124 (2001).
It is true that the final award of compensation for Coonce's injury came after the fraud and abuse assessment against him. It is also true that he had already received medical benefits and temporary total benefits before he gave his deposition testimony. However, the language in the award reveals that the administrative law judge (ALJ) found that Coonce had "misrepresented the extent of disability following surgery" in order to remain home and obtain a more generous award based on his wage loss. These comments in the award make it clear that Coonce would likely have received a greater award for wage loss and work disability had his misrepresentations gone undetected.
The plain language of K.S.A. 44-5,120(d)(4) supports the agency's determination that Coonce's conduct fell within the scope of that statute, which states that making misrepresentations while "attempting to obtain . . . workers compensation benefits" is a violation of the Act.
As to Coonce's contention that his statements were merely his subjective assessment of his condition or at the most were exaggerations of his condition and not violations of the statute, he essentially is asking this court to reweigh the evidence. We decline to do so. It is the role of this court when reviewing an agency decision to review the evidence in the light most favorable to the prevailing party. See Neal, 277 Kan. at 16-17. Here, Coonce made several deposition statements that contrasted sharply with his conduct demonstrated on the videotape taken 2 months earlier. We note that several of the doctors mentioned that Coonce had also misrepresented his condition to them based upon the conduct they observed in the video.
As to his claim of exaggeration, we simply note that the nature and extent of an injured workers work-related disability is often at the heart of a workers compensation claim. If Coonce exaggerated the extent of his injuries here, he necessarily misled the doctors who would rate him and also the judge who would determine his award.
More than substantial evidence supports KDOL's and the district court's determination that Coonce's statements violated K.S.A. 44-5,120(d)(4)(A) and (B).
Coonce next argues that even if there was substantial evidence to support KDOL's determination that he violated K.S.A. 44-5,120(d)(4)(A) and (B), the agency incorrectly assessed fines against him for each of his misleading statements during the deposition instead of treating the entire deposition as one violation of the Act. He claims the maximum fine against him should be $2,000.
KDOL assessed the $20,000 fine against Coonce pursuant to K.S.A. 44-5,120(g)(1), which states:
"(g) If, after such hearing, the director . . . determines that the person or persons charged have engaged in a fraudulent or abusive act or practice the director . . . shall issue an order or summary order requiring such person to cease and desist from engaging in such act or practice and, in the exercise of discretion, may order any one or more of the following:
(1) Payment of a monetary penalty of not more than $2,000 for each and every act constituting the fraudulent or abusive act or practice, but not exceeding an aggregate penalty of $20,000 in a one-year period."
Coonce provides no authority for his claim that the deposition should be viewed as one "statement" for purposes of the Act, and the legislative history on the Act is silent as to the point. Further, his argument fails when viewed in the context of the plain language of K.S.A. 44-5,120. Subsection (d)(4) of the statute defines "[f]raudulent or abusive acts or practices" as "obtaining, denying or attempting to obtain or deny payments of workers compensation benefits for any person by" "[m]aking a false or misleading statement" or "misrepresenting or concealing a material fact." (Emphasis added.) K.S.A. 44-5,120(d)(4)(A) and (B). Subsection (g)(1) further provides that "[p]ayment of a monetary penalty of not more than $2,000 for each and every act constituting the fraudulent or abusive act or practice, but not exceeding an aggregate penalty of $20,000 in a one-year period." (Emphasis added.) The use of the singular nouns "statement" and "fact," as well as the legislature's statement that the agency should assess a fine for "each and every act" that violates the section, support the agency's interpretation that Coonce should be assessed a fine for each false statement or misrepresentation that he made during the course of his deposition.
There certainly can be no ambiguity in the statute's usage of the term "fact." Viewing the evidence in the light most favorable to KDOL, Coonce misrepresented a number of material facts during the course of his deposition. To name a few, he claimed during his deposition that he could not bend; that he could not stand for more than 2 hours at a time; that he could not lift anything heavier than a notebook without experiencing severe pain; that he could not function well when he was on his pain medication; that he and his wife were sexually inactive; and that the most physically active thing he had done since July 2003 was attend his uncle's funeral. Several other similar misrepresentations are in the record.
The party asserting the invalidity of an agency's interpretation of a statute bears the burden of proving the invalidity. See Blue Cross & Blue Shield of Kansas, Inc. v. Praeger, 276 Kan. 232, 245, 75 P.3d 226 (2003). Coonce has failed to prove that KDOL's interpretation of the statute was erroneous.
Last, Coonce argues that KDOL acted arbitrarily and capriciously in assessing the $20,000 fine against him. Specifically, he urges that the agency's assessment was unreasonable in light of the fact that $20,000 is the maximum fine that a person may receive in a 1-year period, and the agency assessed this sizeable fine against him despite the fact that he did not receive any benefits as a result of his misrepresentations.
As we have previously stated, there was more than substantial evidence to support the determination that Coonce violated K.S.A. 44-5,120(d)(4) at least 10 times. Given the agency's interpretation of the statute, which is likewise supported, it was within the hearing officer's discretion to assess up to a $2,000 fine for each of these violations. The assessment of the fine was not based "on suspicion and conjecture," but was based on the evidence in the agency record. Praeger, 276 Kan. at 275 (citing In re Providence-St. Margaret Health Center, 232 Kan. 787, 794, 659 P.2d 199 [1983]). The assessment of the $20,000 fine against Coonce was not unreasonable, arbitrary, or capricious.


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Home » 1 mil. Gloss White Polyimide Labels - Better & Value » TL11-428-10
1 mil Gloss White Polyimide (S-428) - Better & Value
Stranco S-428 is a 1 mil gloss white polyimide thermal transfer film designed specifically to withstand the high heat and harsh chemicals of circuit board and electronic component manufacturing processes. S-428 is appropriate for surface mount board processes, on either the top or bottom side of the board. It can also be used on the top side of the board in mixed processes, and is recommended for the bottom side which is directly exposed to the wave solder environment. 1 mil material is NOT recommended for auto print and apply applications.


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This column originally appeared on Real Money Pro at 11:26 a.m. EST on Feb. 6.NEW YORK ( Real Money) -- Late Monday, I started a long position in Apple ( AAPL - Get Report) based principally on price -- the shares were dramatically oversold. As the shares rose during the day yesterday, ending up by $16 a share, I sold out of the position for a profit. Per " The Bear Case for Apple" back in September, I remain of the view that the company's profits and revenue will fail to meet consensus expectations. That said, I wanted to share with you a brief analysis/update on Apple by Seabreeze (written by part of our research team, analysts Nick Pollari and Kelley Hopkins) that explains my continued reluctance to invest in the company. To me, Apple's shares remain a trading sardine but not an eating sardine.
In the long-term, there are numerous factors to consider when estimating Apple's revenue going forward. Most importantly, the gap is narrowing between Apple products and competitors such as Google ( GOOG - Get Report) and Microsoft ( MSFT - Get Report). For example, the processor speeds, battery life and weight of the products are becoming indistinguishable and will no longer provide Apple with an advantage. The main driver for revenue has been the Apple ecosystem -- the entire family of products and the accessories associated with the brand. Most consumers stick with the brand because you cannot easily transfer data and information onto other products. Eventually, third-party software will allow convergence between Apple products and Google's Android system and/or Microsoft Windows 8. One of Apple's key competitive advantages will be eliminated when this eventually occurs. The consumer view on constant yearly purchases has shifted. Verizon ( VZ - Get Report) has noted that given the choice between iPhones, customers are choosing the older iPhone 4 and iPhone 4S models over the iPhone 5. The choice for the older model could be based on pricing or the fact that the only major distinction between the iPhone 4 and iPhone 5 models is the larger screen on the iPhone 5. Based on estimates from press releases, the company has opened over 400 Apple retail stores. The major increase in the stores coincided with the release of the last two revolutionary products: the iPhone and the iPad.


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Spotlighting fresh, natural foods and diabetes-friendly cooking methods, for meat-eaters and vegetarians alike. Palate-pleasing meals and snacks packed with great taste and nutrients—not preservatives and processed ingredients.
The All-Natural Diabetes Cookbook puts the spotlight on fresh, natural foods and diabetes-friendly cooking methods—for meat-eaters and vegetarians alike. The result is a collection of palate-pleasing meals and snacks—ranging from classic comfort foods to more exotic fare—that are packed with great taste and nutrients rather than preservatives and processed ingredients. Delight your taste buds with over 150 delectable, natural dishes and learn how to lose those artificial ingredients and let amazing flavor shine through.In this newly revised edition you'll find:
As a registered dietitian nutritionist, I am quite particular about the cookbooks I recommend to my clients and within my work with consumer media. When it comes to diabetes and cooking, Jackie Newgent (who is both a chef and dietitian!) is the number one expert in my eyes. Not only does she make sure recipes easily fit into diets for people with diabetes, she assures that recipes are healthy for all, including those with pre-diabetes, heart health concerns, or simply looking to maintain a healthy weight. The best part for me is that her recipes are absolutely delicious! Jackie's The All-Natural Diabetes Cookbook, 2nd Edition, is an ideal example of this. Plus, I love that in addition to the recipes, she includes truly valuable tips for achieving high flavor naturally, a diabetes-friendly substitution list, and simple seasonal menus. Eating enjoyable food is a key way for people to stick to a healthful eating plan long-term. And that's why this cookbook gets my enthusiastic thumbs up!
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Federer fears roof makes Wimbledon a lottery
Roger Federer believes the £80 million roof on Wimbledon's famed Centre Court has made a lottery out of the pursuit of the championship title.sports Updated: Jun 30, 2012 07:34 IST
Roger Federer believes the £80 million roof on Wimbledon's famed Centre Court has made a lottery out of the pursuit of the championship title.
The great Swiss, chasing Pete Sampras's record of seven titles, survived an epic battle to defeat France's Julien Benneteau on Friday to reach the last 16.
But he had been just two points from defeat in the fourth set before clinching a 4-6, 6-7 (3/7), 6-2, 7-6 (8/6), 6-1 win and avoid slumping to his earliest defeat at the All England Club in 10 years.
Federer's struggle was played out under the roof, as was the final set of Rafael Nadal's historic loss to Czech world number 100 Lukas Rosol in the second round 24 hours earlier.
Earlier on Friday even defending champion and top seed Novak Djokovic struggled in the hothouse conditions, dropping the first set to veteran Czech Radek Stepanek before reaching the last 16 in four sets.
"It does play different indoors. Obviously that's a bit of getting used to. Indoor grass is not something we're quite familiar with," said Federer after pulling off his eighth career recovery from two sets to love down.
"You just don't have the elements. You just don't have the sun setting, which can be tricky at times.
"From the one end it's easier; from the other end it's tough. You have the wind swirling. When I was warming up I was thinking that's going to be a big factor for the players out on Centre Court if they're going to leave the roof open or not.
"Don't know if it would've favoured me or not even more so, but it changes everything. So then does it play slower indoors? I would think so, a little bit, right?"
"But then at the same time, you can really play yourself into a trance-like state like I thought Rosol was in in the end of the fifth. That's harder to do outdoors with the elements."
Federer believes that the unique conditions served up under the roof can cause more shocks in the sport and keep the top three players in the world on their toes.
"This is not against Rafa, but it was nice to see it's still possible," said Federer.
"I think 15 years ago you had matches like this so much more often on the faster surfaces, that a guy could catch fire and just run through you.
"Today it's virtually impossible because you make so many more returns and conditions are so much slower with the elements.
"In the fifth set it was just a joke. I was laughing because of his performance for 10 minutes after that. I couldn't believe that he pulled it off the way he did."
Federer's next date is against unseeded Belgian Xavier Malisse for a place in the quarter-finals.
Malisse pushed Federer to five sets in the second round in 2001.
First Published: Jun 30, 2012 07:32 IST


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- Name:
Gabor Szabo
- Email:
[hidden email]
- Amount Requested:
Integrating the perl built-in debugger into Padre, the Perl IDE using Debug::Client a stand alone client to the perl debugger.
Benefits to the Perl Community
Padre already has many features required for a text editor. Adding the debugging capabilities will allow any perl programmer to use the power of the built in debugger without the fear of the command line or the learning curve associated with it. This addition will move Padre one large step closer to be a real Perl IDE.
Providing a simple text editor that people can use to write perl scripts and run them through a graphical debugger is especially important for beginners and/or MS Windows users but will benefit any Perl programmer.
As Padre is written in Perl and distributed under the same license as perl itself it can be used freely anywhere.
The separation of Debug::Client as a stand alone module will allow any text editor to be easily integrated with the built in debugger opening the way to other IDEs as well. The integration with Padre will ensure that the client is indeed usable in a real world situation.
Debug::Client, a stand-alone client for the built in perl debugger should pass its full test suit on Linux/Unix/OSX/MS Windows on perl versions starting from 5.6. This will be verified to the extent the CPAN testers provide coverage. Test coverage of the module should be at least 90%.
Integration into Padre to be usable right from the editor.
The following features will be supported:
run to line/subroutine
set/remove conditional breakpoint
set/remove watch (location independent conditional breakpoint)
constantly display content of any variable (scalar, array or hash)
evaluate arbitrary expression in the process
stack trace
Project Details
The built-in debugger of perl that is normally invoked using the -d command line option can also connect to a predefined socket to be controlled via that socket.
This communication channel has been used by some editors to provide debugging capabilities for Perl but none of theses abstracted out their client side. In most, if not all the cases they are written in other languages so such abstraction would be meaningless to us anyway.
Padre is a Perl IDE written in Perl using the wxWidgets GUI library. It has been tested on MS Windows, Linux and OSX. In its current state it is a text editor with some Perl specific features. Adding debugging capabilities to it will turn it into something that can already be called a real IDE. In order to add debugging capabilities we either need to implement a debugger or reuse the built-in perl debugger via its socket communication layer. The advantage of connecting to the built-in debugger is that we don't need to install anything to the perl used for the production code and it also enables us to run the debugger remotely.
Debug::Client is a stand-alone module that implements the clients side of that socket communication with the built-in debugger. It has been written separately from Padre in order to make it reusable by any other IDE or tool that might want to add perl debugging capabilities.
See also http://padre.perlide.org/
Project Schedule
I plan to begin the project immediately and finish it within 2 months.
Gabor Szabo has been programming Perl since 1995 and teaching it since 2000. He has several modules on CPAN and has contributed to many other modules including ack. Gabor is the primary author of both Padre and Debug::Client.
See also http://szabgab.com/


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thanks Sups hey BJ has his " top hat " stuffed in his skivvies ! and I see Phil has his lunch with him , nuts and banana !!
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Disney Driven Week In Review 1-11-15
Maria H. (ndm#130) 0 Comments 2015, a magical match, activities, adventure, adventure series, alan cumming, alfred molina, anna, Anna Kendrick, ant-man, arts, attack of the flickorax, austin & ally, be my sparkly valentine, berry, berry the bunny for snow white, Bill Nye, board books, bob einstein, bobby cannavale, Book Review, books, bora bora bungalows, bow-tique, bungalows, bunnies, bunny, buried treasure, Children, children's activity center, Chris Pine, Cinderella, cinderella suite, clover, cold weather, color sheets, contest, corey stoll, crafts, cuckoo-loca, daddo in charge, daisy, dark ride photos, david dastmalchian, Decorations, DHS, Disney, disney books, Disney channel, Disney Driven Life, disney flip side, Disney Junior, Disney Parks Blog, disney princess palace pets, Disney Side, disney side at home celebration, disney vacation club. polynesian resort, Disney XD, Disney's Polynesian Village Resort, dog with a blog, doombuggies.com, DVC, earful tower, easy readers, electric water parade, elijah kelley, elsa, emily blunt, evan rachel wood, evangeline lilly, explorer exchange, Facebook, fairy, family, family fun, family photos, featurette, flash cards, food, Friends, from stage to screen, frozen, frozen fun, fun, game on, George Lucas, george takei, girl meets world, glitter, gold doubloons, hat, Hatbox Ghost, Haunted Mansion, henry hugglemonster, hexie, Hollywood Studios, how i saved my summer vacation, industrial light & magic, Instagram, Into the woods, Jack and the Beanstalk, James Corden, january, jeff baham, Jessie, Johnny Depp, Jordi Mollà, journey to the frozen planet, judy greer, k.c. undercover, Kids, kristin chenoweth, kristoff, lilo's playhouse, lin and maddie, liv and maddie, Lucasfilm, lucinda, lucinda the witch, madame leota, Magic Kingdom, magic potion, mark hamill, Marvel, match, Mater, Maya Rudolph, maze, mean and messy corners, melody, memory game, meredith anne bull, Meryl Streep, michael douglas, michael pena, Mickey Mouse, miles, miles from tomorrowland, millie, Minnie Mouse, minnie's bow-tique, Movie, movie night, movies, nasa, ndk review, ndm 130, new year, new year's resolutions, nice and friendly corners, ocean in motion, olaf, olivia munn, Organization and Plannning, paper crafts, party, Party Planning, paul rudd, peter stormare, Photography, pineapple lanai, Pinterest, pirate, pirate fairy, pirate flag, Pixie dust, planning, play, preschool, princess palace pets, princess sofia, printable, Rapunzel, red riding hood, rolly crump, runaway shuttle, sabine, sabine's art attack, sam palladio, science, seluxe sudios, Seven Seas Lagoon, sheriff callie, sheriff callies wild west, sisters forever, snow white's pet, snowflakes, sofia teh first, sofia the first, sofia's cup of tea, sorcerer hat, south pacific, space, sparkles, Star vs. The Forces of Evil, STAR WARS REBELS, stickers, strange magic, sunset, surfin' the whirlpool, sven, talk like a pirate, tea party, teaser trailer, the cat who tamed the west, the unauthorized story of walt disney's haunted mansion, theme park press, Tinkerbell, Tip "Ti" Harris, toddlers, touch and feel books, travel planning, travel tips, Tweens, Twitter, Vacation, Valentines Day, Walt Disney Studios, Walt Disney World, week in review, wild canary, wood harris, Wordless Wednesday, world of reading, young children, zarina
It's the first Disney Driven Week In Review for 2015! We understand that life keeps you busy, so hereRead more


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Sunday, January 10, 2010
For Becky Wiseman: Top 10 Things That Make Me Happy When I'm Traveling
1. A pleasant and adventurous traveling companion. (But not too adventurous. I am not going to climb that mountain.) And, in certain countries, one who can drive stick shift, remember to keep on the left side of the road, and park in impossible spots.
2. A camera that works (including a flash that goes off when it's supposed to and not just when it wants to).
3. Cooperative weather. That's right, Mr. Cumulus over there, move your fat behind and let the sun shine on this tombstone.
4. Good music on the radio or my iPod. (And a companion who does not mind screechy violins or sing-alongs in Hungarian. See #1 above.)
5. The knowledge that I haven't forgotten anything. (Well, OK, that one's never gonna happen.)
6. Animals to watch, pet, or somehow interact with.
7. At least one rainbow, and at least one spectacular sunset. (And I never get tired of them.)
8. At least one good (non-chain) bookstore.
9. Schmoozing with people we meet along the way.
10. Coming home to a house with no basement flood (it's happened before), no cat-caused mess, and nothing in the mail that had to be dealt with immediately.
Happy travels, Becky – we're all having a blast reading about your journey!
5 comments:
Yours is the best "10 things that make me happy" list I've see yet, Greta! I especially like and can relate to #2. Not that I can't relate to the others, but that one in particular really had me chuckling.ReplyDelete
I've been tagged too. I guess I'd better get busy and write mine up...
Like the list~ However, this ole gal actually prefers cloudy days to do headstone photos, they seem to turn out better, no glare from those shiny marble ones. LOLReplyDelete
Greta, thank you for the laughs! Love it! I chuckled all the way through it. Can definitely relate to many of the items. And thanks for dedicating it to me. I'm glad that you and the others are enjoying traveling along with me...ReplyDelete
Sure blame the cat. Poor cat. Always take the rap.ReplyDelete
I like these lists because it gives us a little glimpse into our fellow bloggers lives.
Jasia - Yes, #2 has inspired almost as much bad language from me as bad drivers when we have taken trips.ReplyDelete
Carol - You're right that cloudy days are usually better to take pictures. I was remembering a day on a long ago trip to Britain when I was starting to take a picture and this giganto cloud moved in, blocking out almost all the light. It was followed by a downpour and I never did get to take that picture....
Becky - Glad to hear you enjoyed it. I haven't been able to do much traveling for pure pleasure during the last few years, so I'm having a blast reading your accounts.
Lori - Yup, I blame the cats. In our house, it's a safe bet.
Thank you all for dropping by!


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Pulling together
At about 1:15 a.m. July 16, a train crash occurred in the city of Hays near the Vine Street railroad crossing.
First-arriving police officers, firefighters and paramedics found a number of locomotives, freight cars and tank cars derailed and a large fire burning.
The members of the city of Hays Fire Department would like to thank all of the agencies and individuals who responded and worked together to successfully control this emergency. This includes the Hays Police Department, Ellis County Sheriff's Office, Ellis County EMS and Ellis County Emergency Management.
Our mutual-aid partner firefighters put in long hours of hard work on this incident -- the Ellis County Rural Fire Department, city of Ellis Fire Department and the city of Victoria Fire Department.
The city of Hays Utilities Department made sure the city water system operated effectively to provide the large volumes of water needed to contain the fire. The city of Hays Public Works Department quickly mobilized to place traffic control barricades and refuel operating fire trucks. Of special note is the work the Public Works crews did to quickly build dikes and dams to prevent the runoff of contaminated water from reaching Chetolah Creek.
The staff at Holy Family Elementary School graciously opened their building for a public shelter that was staffed by the local chapter of the American Red Cross. The Hays USD 489 transportation staff provided help in moving evacuees to the public shelter. The Red Cross also served breakfast for the responders during this long operation. This breakfast was generously donated by McDonald's of South Vine. The volunteers of the Ellis County Rehabilitation Unit reported with their special trailer equipped and supplied to address the needs of responders taking a rest break.
Finally, the city of Hays firefighters would like to thank the people of our community who support all of the emergency services. The people involved in this emergency were cooperative and helpful, especially those who were asked to leave their homes.
Gary A. Brown Sr., Hays Fire Department chief


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Back in the seventies there was a lot of talk about the generation gap, the set of things that separates one generation from another. For example, my parents did not wear bell bottom jeans. I did. These jeans were one small part of the generation gap between me and my parents.
Music is another important part of the gap. As a child, I was defined by The Monkees, The Beatles and later The Boomtown Rats and Madness. My parents: Mitch Miller and George Jones.
In more recent times, technology has become perhaps the most important piece of the generation gap puzzle. It seems that kids these days are born knowing how to use devices that people of my generation can only stare at in wonder, waiting for them to open cans or launch a nuclear device.
As I approach my sixth decade (that's age 50 for those of you who aren't on top of the math thing), I've decided that I need to take a stand on what defines my personal generation gap. Thus, Twitter does not exist for me. Oh, I've used the MySpace and still use Facebook (while secretly hating it), but I have not and will never tweet.
But recently I've discovered books that use the limitations of social networking (i.e. how many characters can be in an entry) as a starting point. And this I find interesting. Setting a strict limitation and then trying to create art within that limitation is an exciting exercise.
And so, I leave you with a few titles, some twicks, some tweets.
The Ten, Make that Nine, Habits of very Organized People. Make that Ten: The Tweets of Steve Martin by Steve Martin
Steve Martin is a generation older than I, but he decided to explore Twitter as a means of keeping his comedy chops sharp, of perhaps creating new material that he could use on his current bluegrass tour, and finally as a way of receiving funny responses from his followers. He has collected some of his tweets into a slim volume, perhaps a thirty minute read. It's not the funniest book I've come across, but it is charming and fun to see how Mr. Martin used Twitter in perhaps a different way than most users, and how his usage evolved over time.
Eat Tweet: a Twitter Cookbook by Maureen Evans
Yes Virginia, there is a Twitter cookbook. This collection of 1000 recipes follows the tweet format of 140 characters or less per entry, providing social networkers with a veritable feast of outstanding food. Betty Crocker, move over. But just a little bit; these recipes don't take up much space.
Twitterature: The World's Greatest Books in Twenty Tweets or Less by Alexander Aciman
The premise of this book is to synopsize literary classics in less than twenty tweets (making the maximum number of characters available 2800), with a sense of humor. This limitation forces long passages to be described succinctly. For example, from Tolkien's The Hobbit: "Walking walking walking … Still walking – this is so boring!" Good for a chuckle or three.
iDrakula by Bekka Black
Bekka Black's iDrakula is a modernization of Bram Stoker's Dracula. The original text consisted of letters and diaries, and this update uses a similar format but with text messages, emails and Web browser screenshots. The story is not an exact retelling of Stoker's classic, but Black sets an excellent tone with the opening text: "Renfield had a psychotic break. Carted off to Bellevue. More l8r." An excellent addition to the Dracula canon.
For some more social networking inspired books, try the following:
Tweet Heart: a Novel in E-mails, Blogs, and Tweets by Elizabeth Rudnick
The F***ing Epic Twitter Quest of @MayorEmanuel by Daniel Sinker
Goodnight Tweetheart by Teresa Medeiros