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By Laurie H. Rogers
What's the point of a school board?
- Is the role of a board director accountability and responsiveness to the district -- or to voters?
- Should directors work to support the superintendent and staff? Or, should they work to hold the district accountable for fiscal responsibility and academic outcomes?
- If the district and the voters disagree on what should happen with taxpayer money and our children, to whom should the board listen?
That's why, on July 27, I asked Spokane board directors to allow the people to vote on whether the district should spend several million tax dollars on a proposed new data system, and on the new federal vision for public education. As directors contemplate these multi-million-dollar expenditures on (unproved) products – they're also contemplating cutting people and programs that parents actually want. So, at the July 27 board meeting, I asked the directors to put the proposed expenditures on a ballot. They were silent. They looked at each other. Then, they went on with their meeting.
Before the July 27 meeting, I gave the directors a copy of my blog article from July 16. That article shows clearly that, rather than engage in full public disclosure, the district tends to present selected slivers of pretend achievement – even as student data indicate serious declines in outcomes. On any measure of what a good district looks like – excellent academic outcomes, college and career readiness, financial and data transparency, administrative accountability – this district fails.
At the July 27 meeting, having received this article, the directors voted unanimously to renew or extend the superintendent's contract. On what basis did they vote to do that? Astonishingly, they don't have to say.
Here's how administrative accountability works in District 81. The district considers the superintendent's board evaluations to be exempt from public records requests. Staci Vesneske, head of Human Resources, assured me that there were "no discussions of specific incidents of misconduct in any of the evaluation documents" I had requested, and so therefore, the superintendent's evaluation isn't open to the public.
Few of the district's rubrics for evaluating top administrators even contain academic outcomes as a criterion for evaluation. The rubric for the four administrators known as "school directors" (which aren't the same as "board directors") do contain this criterion: "…establishes an effective academic program." Obviously, they fail in this area, yet there they are, each costing taxpayers more than $100,000 per year. I asked for copies of some past evaluations; when they arrived, they were so heavily redacted they're actually funny. For example:
- This is what remains from a paragraph for Lorna Spear: "Lorna … She … She … her … she….";
- From a paragraph for Jon Swett: "Jon … He … his … He…";
- From a paragraph for Irene Gonzalez: "Irene … She … She …";
- From an eight-line paragraph on Tammy Campbell: "Tammy. She … Her … her … She … Tammy … She … Tammy … her … her … her …"
We parents, business owners and taxpayers stare at expenditures of $11-12,000 per student, a budget that has NOT been cut since 2002 (despite what the superintendent keeps telling you), high dropout rates, high remedial rates, low levels of skills in math and grammar, ridiculously low levels of pass rates on basic tests, and a nearly complete lack of financial transparency or accountability. Yet, we have no way to know WHY we're stuck with the same leadership for which we paid excessively last year.
Last week, I heard a business owner say we shouldn't "throw Nancy Stowell under the bus." Holding the superintendent accountable for student outcomes is NOT "throwing her under the bus." She gets paid extremely well to run this district, and she should be held accountable for the results. Instead, the board directors gave her a raise last year, and on July 27, they renewed or extended her contract.
That's just one reason why voters should vote for Sally Fullmer for the Spokane school board. Sally is a breath of fresh air – not beholden to the union or in sync with the district (as Deana Brower appears to be). Sally believes the board should be answerable to the voters and to parents. She is willing to be the "lone voice in the wilderness," voting against things that will not help our students academically. She intends to make special effort to inform parents and taxpayers about district policy and decision-making. (Board candidate Bob Griffing has said he is NOT intending to be that lone voice -- that once a majority of directors decide, he would support the decision and not speak out against it. But that's what we have now.)]
Our current board directors appear to have an unfortunate tendency to brush off concerns from parents as they cozy up to the superintendent. Board director Bob Douthitt has gone so far as to email administration about how to best present "our" message to the public. Current board relationships appear to be much too friendly to foster real accountability to the people. Having interviewed Deana repeatedly, and having listened to her speak in several public forums, I believe she will continue that trend. She tends to argue for and support the district's point of view. I know she's been endorsed by the union, the daily newspaper, and Stand for Children. Like I said, transparency and accountability are in short supply these days. Ask yourself why you don't get this information elsewhere. Ask why Deana assures Republicans that she's a Republican -- as she is endorsed, trained, and supported by progressives who have the sole goal of electing progressives.
Sally Fullmer agrees that district transparency is a problem. But Deana Brower said during the July 26 Greater Spokane Inc. forum that she's "very proud" of administrators for supposedly "opening the books" during talks about raising graduation rates. She said administrators engaged in "full disclosure" and "honest conversation." She said the graduation rate has "increased up to 10%" at one of the high schools, and that "more attention" is being given to extra programs.
(I was eating a muffin at the time and nearly choked. Oh, please. Do read about the district's actual presentation of graduation rates. We don't need to be "proud" of full disclosure; full disclosure should be expected. And some of the extra expenditures Deana mentioned wouldn't be necessary if the district just taught the students properly in the first place.)
Sally Fullmer questions the district's presentation of student outcomes, whereas Deana praises the district in exactly the same way the district praises itself. Sally questions expenditures, asking if the money is going to the right place. Deana says the state isn't "fully funding" education (not mentioning that the district now spends several thousand dollars more per student than it did a few years ago, and that the budget has increased by $60 million since 2002). Last year, the local levy paid for administrative salary increases. The public was not told that – not then and not now. Deana's position is that inflation has been a problem and that the district needs more taxpayer money in order to be successful. But inflation doesn't account for a $60 million increase on a $250 million budget – especially when student enrollment has dropped by thousands of students (net).
I thought about comments from Deana Brower and Bob Griffing on July 27 as the board talked about the proposed data system -- right before they continued discussing cutting instructional assistants. The district's torturously long presentation assured the board directors that this new (untested, unfunded, unproved, unnecessary) multi-million-dollar data system – to be preceded by a preliminary expenditure of $500,000 – would somehow improve student outcomes, reduce dropout rates, and increase graduation rates. You can see the presentation: click on the PDF for the July 27, 2011, Board Book. Read it and weep.
After the district's presentation, no board director said, "Uh … where is the proof this system works? How can we possibly spend taxpayer money on this data system when we just cut remedial programs, we've whined to the public about possibly cutting teachers, programs, or after-school activities, and now we're talking about cutting instructional staff?"
Dear board directors: Repeat after me: Data does not teach a child – not even snazzy data that slices and dices the students 17 ways from Sunday. Administrators will ignore this new flood of data just as they ignore the flood of student data they already have. Nancy Stowell and her administrators will do what they're doing now, which is to imply that they're fabulously successful and it's just the teachers, parents, students and, well, the entire community that are flawed.
After viewing the district presentation for the data system, you can scroll down in that same July 27, 2011, Board Book to the budget presentation. See how the district also plans to set aside a few million dollars for an (untested, unfunded, unproved, unfinished) nationalized K-8 math curriculum (AKA the Common Core initiatives). The district isn't telling you – but I know – that the federal government has indicated plans to have nationalized standards, tests, and curricula in ALL subjects. Nationalized science standards already are in the works. District expenditures for this federal plan will be massive and ongoing. The time to say no is now. But our district administrators support it. The board so far has supported it. Deana's comments indicate that she supports it. Sally Fullmer, however, does not support it.
Do you see that the trend is to push for ever-more money for non-academic expenditures? Deana Brower says the district needs more money and that the superintendent's salary is not excessive. Sally Fullmer says the Spokane superintendent's salary is excessive but that the larger issue is: Is she getting the job done?
We need someone who will question the district and advocate for the people. I believe that Sally Fullmer "gets it," and I believe she will hold the district accountable. Please vote for Sally and give her a chance to advocate for you.
Please note: The information in this post is copyrighted. The proper citation is:
Rogers, L. (July 2011). "District wants data system and more money. Taxpayers want academics and accountability. Vote for Sally." Retrieved (date) from the Betrayed Web site: http://betrayed-whyeducationisfailing.blogspot.com/

subset: commoncrawl


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The cage-fighting boom - all that's missing is the cage
FRIDAY night, in a Flemington hall hung with chandeliers: two men are on the floor of the fighting ring; Kenan Palliser, the one on the bottom, has his legs around the other's waist. The man on top is attempting to get a choke hold. It is very slow and intense, as compelling as watching a couple of spiders locked in a deadly mating duel. The audience chats and laughs among themselves, roaring when Palliser gets a hand free and slashes desperately at the other man's face.
In their grappling the men have ventured close to the edge of the ring, and the ref breaks it up. Palliser then crawls on his hands and knees to the middle of the ring, lies down again, bridal style, and his opponent climbs back on top.
This is cage fighting without the mesh cage that is legal in New South Wales but banned in Victoria.
''It's very annoying,'' says Palliser, 20, a gently spoken boy from Tasmania who had his third professional fight tonight, his first loss. ''It is a lot safer when there is a cage.''
Cage fighting - banned by John Brumby - is an emotive issue. The cage gives the illusion that these men - and women - have nowhere to go. The fighters say it keeps them safe.
''Everyone says there are no rules, there are lots of little rules,'' says Palliser.
''You can't knee or kick your opponent in the head when they're down.''
You can kick them in the legs, though. In a featherweight bout, Ivo Dos Santos - who had his own cheer squad in white T-shirts - repeatedly held the feet of his fallen opponent, Callum Lewis, and kicked him in the back of the legs over and over to wear him down.
His coach was urging him on, but some of the crowd didn't like it. ''Let him up, ref. Let him up.''
''The style of fighting is very intense,'' says Palliser. Several fighters described mixed martial arts as being ''like a controlled street fight''.
Palliser recently finished his apprenticeship as a plumber. His father would love him to take up badminton. He's never been in a street fight and doesn't regard himself as a violent person. ''I used to be a gymnast. For me this is a journey of the self: to go where the fear is. I used to be a nervous person. In my first fight, I got up on the scale and my foot was shaking because I was so scared. I wanted to deal with my own fear. That's what keeps me going. In life there's no easy way in going about these things. You can't manufacture fear.''
In fight six, Fabio Galeb and Daniel Kelly make a compelling argument for the cage when they come hurtling out of the ring as one giant animal. As they tumble over the ropes and into the audience - wide-eyed people raising their hands as if to stop them - the violence as spectacle takes on a more urgent, visceral quality.
Adam Milankovic, promoter and founder of the Australian Fighting Championships, says the title ''cage fighting'' - said to be the fastest-growing sport in the world in terms of audience numbers - was a marketing ploy in the US where the sport was founded. ''It gave it this barbaric look and that's what got everybody's backs up. At the same time, it's growing faster in Australia than anywhere else in the world.''
It's hard to know what the audience really wants. When the action slows, they get restless. But when the fighting is truly ferocious - such that a bout is finished in seconds - they jeer and boo. The last two fights, between heavyweights, were finished in the first round.
There is a great cheering when Peter ''The Chief'' Graham lands a monstrous blow to the left eye of American Donnie Lester, who soon after puts up his hand. When the ref says it's over the mood slumps.
''I've lost my vision,'' says Lester, apologetically.
But already the crowd is waiting for the next bout.


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I stumbled upon the fact that the Bolza surface can be obtained as the locus of the equation,
$y^2 = x^5-x$
Its automorphism group has the highest order for genus $2$, namely $48$. I recognized $x^5-x$ as a polynomial invariant of the octahedron. (In fact, the Bolza surface is connected to the octahedron.)
If we use the analogous polynomial invariant of the icosahedron, then does the genus 5 surface,
$y^2 = x(x^{10}+11x^5-1)$
have special properties? How close does the order of its automorphism group get to the bound $84(g-1)$? (For $g = 5$, this would be $336$.)
My thanks to Noam Elkies for the highly detailed answer below. The background to this question is an identity I found involving $x^{10}+11x^5-1$. Define,
$a = \frac{r^5(r^{10}+11r^5-1)^5}{(r^{30}+522r^{25}-10005r^{20}-10005r^{10}-522r^5+1)^2}$
$w = \frac{r^2(r^{10}+11r^5-1)^2(r^6+2r^5-5r^4-5r^2-2r+1)}{r^{30}+522r^{25}-10005r^{20}-10005r^{10}-522r^5+1}$
$w^5-10aw^3+45a^2w-a^2 = 0$
for arbitrary r. This in fact is the Brioschi quintic form which the general quintic can be reduced into. Two of the polynomials are easily recognizable as icosahedral invariants, while $r^6+2r^5-5r^4-5r^2-2r+1$ is a polynomial invariant for the octahedron.
Other than in formulas using Ramanujan's continued fractions, I wondered where else those polynomials appear. Since the Bolza surface involved an invariant of the octahedron, it was reasonable to consider if using the corresponding one for the icosahedron would also be special. As Elkies wonderfully showed, it turns out that it is.


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Posted by Warren Blatt
Yesterday, we completed our 2011 update of the JewishGen Holocaust Database. More than 36 new collections - totaling more than 200,000 records - have been added.
As always, we are grateful to the kind support from so many individuals, Jewish genealogical societies, historical societies, museums, and other organizations who enbaled us to acquire these valuable records.
Of particular note, the work of Nolan Altman (our Holocaust Database coordinator) should be applauded. The Holocaust Database would not be what it is without his tireless, and sensitive efforts.
Listed below are the recent updates, followed by the number of records in parenthesis:
- Kladavo Transport to Palestine (1,051)
- Czechs in Mauritius (299)
- Jewish Partisans in Belarus 1941-44 (8,451)
- Morts en Déportation (7,346)
- Dresden Lists (265)
- Peruvian Records (617)
- St. Gallen Arrivals (1,226)
- Mannheim Community (1,675)
- Munich Attorneys (194)
- Neu Stassfort Forced Laborers (168)
- Baden-Württemberg Lists (Mannheim Community Records) (1,993)
- The Strange Case of Internal German Deportations (143)
- Dutch Police Lists (2,997)
- Sachsenhausen Deaths (1,504)
- Last Letters from the Lodz Ghetto (4,022)
- Schneidemühl Detainees (512)
- Auschwitz To Hessisch Lichtenau Transport List (1,000)
- Liepaja Memorial Wall (6,428)
- Lublin Death Register Nov 1941, Jan 1942 (681)
- Piotrkow Trybunalski Ghetto (10,761)
- The 1948 Warsaw Survivors List (5,680)
- New Romanian Lists (72,842)
- Evidence Registers of Jews in Cahul Camp (525)
- Leova Holocaust-Period Records (556)
- Jewish Arrivals in Switzerland 1938-45 (21,730)
- Dorosic Forced Laborers (396)
- Rovno Victims Killed in the Kostopol Forest (5,166)
- Miskolc and Surrounding Towns Residents as Reported by Survivors (10,832)
- Paraguay Arrivals (254)
- Dutch Survivors (24,163)
- Selected Lists From 'The Jewish Advocate' (856)
- Tübingen Medical School Experiments (278)
- Karaganda, Kazakhstan Lists (190)
- Gross Rosen Victims and Survivors (4,843)
- Women in Flossenbürg Branch Camps (15,842)
- Mantello El Salvadorian Certificates (2,160)
In addition to the records listed above, we are plan to add the following records imminently:
- Lublin Deportations (4,122)
- Lublin Ghetto (815)
- Bergen-Belsen Prisoners (29,000)
Finally, as you can see, we are doing great work, but it costs a significant amount of money to maintain JewishGen. Please help (if you have not already done so) by contributing generously to JewishGen's fall appeal so that we can continue to offer you, and thousands of others like you, these essential services.
Your generous donation of any amount - whether it's $25, $50, $100, $250, $500, $1,000 or more - will make an immediate difference. As in previous years, gifts of $100 or more will grant you access to enhanced database search capabilities, enrollment in our online genealogy course and other extra features.
JewishGen has accomplished much - but there is still so much more to do, and we thank you for helping us "preserve our history for future generations."
Please click here to make a quick and easy donation online. If you prefer to donate by check, please make it payable to JewishGen, and send it to:
36 Battery Place
New York, NY 10280
With grateful appreciation for your kind support of JewishGen's important work,
Warren Blatt
Managing Director, JewishGen.org
P.S. Did you know that you can make charitable donations directly from your individual retirement account (IRA)? If you are a US resident, you can easily help JewishGen while avoiding potentially negative tax consequences of IRA withdrawals. Please reply to this email if you would like to receive more information about this exciting opportunity.


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Whatever cooling and heating equipment you need, Sam's Club probably has it. We offer a variety of terrific space heaters to keep you warm just about anywhere. You'll also find affordable electric fireplaces to make your home extra cozy during those cold winter months. Add to that fire pits, patio heaters and more, and you'll have nothing to worry about when the cold weather comes around.
And when things get too hot, Sam's Club has quality air conditioners and powerful fans to keep things cool, airy and comfortable no matter how hard the sun beats down on your home. You'll also find humidifiers and dehumidifiers to help control the air moisture in your home.
Don't suffer another minute due to uncomfortable temperature conditions because you think you can't afford the cooling or heating equipment you need. Get it all at Sam's Club today at prices that can easily fit your budget, and enjoy daily comfort year round in all kinds of weather.


text: Courage means so much to those who have it, and possibly even more to those who need it. Partner these encouraging phrases with an adaptable awareness ribbon for truly courageous message. This stamp set was inspired by Million Sales Achiever, Patty Bennett.Our clear-mount stamps * Are made of the same premium rubber as our wood-mount stamps.* Have deeply etched images so you get a superior stamped impression each time. * Are precut so you don't have to trim.* Are repositionable; temporarily mount them on clear blocks for stamping, then remove them for storage.* Save space—you need only one set of blocks for all your clear-mount stamps (blocks sold separately). * Come packaged in cases with images on the spine for easy storage and quick reference.Quantity: 5 rubber stampsSuggested clear blocks (sold separately): d, g


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Dave and Gail
Just wanted to let everyone know how much fun we had at the event this year. Can't understand why more cachers didnt show up, maybe the rain scared everyone off. The weekend was not that bad, the food was great, the company even better. The pancake breakfast on sunday morning was awesome,,,,right Jake??:):p:D Our Thanks to to everyone involved, hope to make the next one!! It was really nice seeing everyone there. Happy Caching to all!! "Dave and Gail" and Shamis


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Our library catalog can be accessed from any computer with internet capability and provides an instant link to the holdings of our library as well as the libraries of the other 13 UW Colleges campuses and the 13 four-year universities. Please visit the library where our staff are happy to help you navigate research resources.
Academic advising is a very important part of your college experience. UW-Marinete advisors are available to assist you in developing educational plans that are compatible with your life goals. The ultimate responsibility for making decisions about your educational plans rests directly with you, but your academic advisor is here to help!
Visit the UW Colleges Catalog for official and archived information about admission, registration, financial aid, academic regulations, course descriptions and more. Your campus is part of the UW Colleges network.
Please see the Policies section in the Catalog for information about academic policies including class attendance, grade appeals, and academic integrity and misconduct.
The UW Colleges Copyright Policy (UWCAP #53)complies with UW System guidelines for respecting copyright and fair use. As established by Title 17 of the U.S. Code, copyright provides the creators of original works of authorship with a limited set of exclusive rights to copy, distribute, and perform their works. The UW Colleges Appropriate Use Policy may also be consulted. Please visit the Copyright section of the UW Colleges websitefor complete information.
Housed on the UW Colleges website, the Online GPA Calculatorwas created by Carl Adler and modified with permission.
Use the online GPA calculator to:
Students can purchase textbooks, course materials, school supplies and more at the UW-Marinette bookstore.


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Dee Snider Fired on "All-Star Celebrity Apprentice"
(NEW YORK) -- Sunday night's episode of All-Star Celebrity Apprentice kicked off where last week's debut installment ended: with the unexpected vote-off of former winner Bret Michaels.
Dee Snider took the reins for team Plan B, while Omorosa took charge of team Power as project manager, for a photo-themed event to promote Universal Studios Theme Park in Orlando, Fla.
The teams were transported to Florida aboard Donald Trump's personal 757, and were informed they had to create a 3D photo experience to promote the park.
Both teams hit snags creatively. Omorosa asked far too much of Universal's in-house production department when she asked them to help her team make her Universal-themed photo booth, while Dee on team Plan B came up with an idea that seemed as flat as its execution: cardboard cut-outs of the show's cast wearing Universal Studios T-shirts.
While Gary Busey tickled patrons who posed for pictures, Marilu Henner showcased her unusually powerful memory, impressing park attendees by naming the day of the week on which they were born.
Team Power's booth was far more interactive, with the team members ferrying fans through different movie-themed booths that attracted a much larger crowd.
In the boardroom, both teams weighed the pros and cons of each other's presentations, and once again confirmed Trump doesn't wear a hairpiece.
But Snider's team lost, and in an unusual display of an emotion other than anger, Omorosa broke down crying. She earned $40,000 for the Sue Duncan Children's Foundation, the charity favored by Michael Clarke Duncan, her late fiancee.
For one, her teammate Dennis Rodman didn't buy the tears, muttering to Gary Busey that the reality show villain earned an Oscar.
In the boardroom, Trump faked out Dee's team by pretending to fire Penn Jillette, because he didn't stick up for his own idea, which utilized a magic theme.
Dee took Stephen Baldwin back to the boardroom because he said he didn't trust him, and Busey because of his "limited skill set."
In the end, however, Trump declared the loss was Snider's responsibility and fired him.
The All-Star Celebrity Apprentice returns next Sunday, March 17, at 9 p.m. ET on NBC.
Copyright 2013 ABC News Radio


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Speakers need to be wary of pointing (especially when you want the audience to vote for you). In many cultures, it's highly offensive--even a foot pointing at an audience can be insulting to some. It's directive, rather than welcoming, and that can make people feel uncomfortable. You want to call on audience members, to acknowledge them and their questions, or to invite them to participate in some way. So how do you do that without putting your first finger forward? Try one of these 5 options:
- Extend your entire hand, not just one finger: Keep all your fingers extended and held together, then put your arm out in the direction of the person you want to acknowledge. It doesn't matter how you hold your hand, either. It can be palm up, palm to the side, or even palm down. This is an authoritative but less offensive way to indicate which audience member you're interested in hearing from.
- Use three or two fingers, holding the others down with your thumb. You'll see people who are gesturing directions--like flight attendants--use this all the time.
- Do it the old-fashioned way: verbally. A good old-fashioned, "Yes, the woman in the red jacket," or "Yes, what's your question?" is always a great way to call on someone. Be prepared, however, to reinforce your words verbally; I find that when I call on audience members in this way, I often need to add, "Yes, you," to confirm my intent.
- If you know their names, use them. "Bob, did you have a question on that last point?" reinforces a connection in person--and if your meeting has folks listening in on a conference line, using your colleagues' names will help the listeners who can't see the action. Likewise, in a larger crowd, use the names of the people you know as another verbal way to avoid pointing.
- If you're mobile, walk up to your questioner. There's no better way to invite a question than to go to the questioner, look her in the eye and ask, "What's your question?" Positioning yourself directly in front of the person is the most direct way to connect and acknowledge her.
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17 LinkedIn Profile Must-Haves
17 LinkedIn Profile Must-Haves is a how-to infographic that walks the reader through optimizing their LinkedIn profile page. Published byMarketMeSuite working with Maximize Social Business.com'sNeal Schaffer.
This year has been a big one for LinkedIn. With new features like the Creative Portfolio Display, you now have the ability to visually showcase your professional portfolio. But before diving any deeper with the latest add-ons, does your LinkedIn profile have all the elements that will help you rise to the top? This new infographic has all the tips you need to elevate your LinkedIn profile: 17 LinkedIn Profile Must-Haves! Everyone can use great tips, so please share the LinkedIn love!
Great design using a mock LinkedIn profile as the background. The callouts are clearly connected to the appropriate areas on the profile. There's a lot of text, but in this case I think most of it is necessary to clearly explain each point. The reader can work off of this infographic without any additional research on other sites.
The statistics at the bottom should have been better visualized. Mixing the 50.5% stat with the profile complete percentage visual from LinkedIn is confusing. Also, it was difficult for me to find the original infographic landing page. The footer should have the URL for readers to find the full-size original version of the infographic. The source list text is too small to read too.
Thanks to Martin Mosler for post on Google+!


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The One Centime coin was the smallest circulating denomination of the Swiss Franc from its inception in 1850 until it was demonetised at the end of 2006. Given that Switzerland has four official languages, the sub-unit of the Franc has four different names; it is centime (c.) in French, Rappen (Rp.) in German, centesimo (ct.) in Italian and rap (rp.) in Romansh. Some English-language catalogues call the coin a "1 Rappen" coin, but the English-language publications of the Swiss National Bank and Swissmint prefer the word "1 centime".
Swissmint states that the first version of the coin was designed by Alexander Hutter and engraved by Jean-Jacques Barre of Monnaie de Paris (the Paris Mint), where Swiss coins were struck for the first couple of years after their introduction. This was used for almost a century until, in November 1947, the Swiss Federal Mint (now Swissmint) put out a call for new designs of the one and two centime coins, for which Josef Tannheimer won the first prize. Starting in 1948, these coins were minted with his designs, until they were discontinued in 2006 and 1974 respectively.
Coins carrying the original design were demonetised on 1st February 1952; thus, coins issued in 1940 circulated for 12 years.
The obverse features at its centre within a beaded circle the Swiss Coat of Arms (equilateral wide "Swiss" cross on a rounded triangular shield, thin vertical lines being a heraldic representation of the red background), with a broad-brimmed feathered hat on top, on a laurel branch (left) and an oak branch (right). The legend HELVETIA (the Latin name of the female personification of Switzerland) is around above. The date 1940 is around below.
The reverse features at its centre within a beaded circle the numeral 1 representing the value, surrounded by a laurel wreath. The mint mark B of Swissmint (previously known as the Bern / Berne Mint or the Federal Mint of Switzerland) is under the ribbon tying the wreath.


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$13.99 $8.99
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Please make sure your address is fully entered and correct to ensure proper and timely delivery. Be sure to use correct abbreviations and insert spaces properly. We do not take responsibility for incorrect information. If your shipment is returned non-deliverable we will issue store credit in the form of an E-Gift Card for the net price of your item(s) minus the shipping charge.
Shipping fees are non-refundable. If you refuse any shipments from slayfashion.com, you will be held responsible for the original shipping charges plus the cost of returning the package to us. This amount will be deducted from any credit issued.
We will ship to PO Boxes via USPS. However, expedited shipping is not available to a PO Box.
If your tracking information states that your package was delivered and you have not received it you must contact the delivery carrier (e.g. the United States Postal Service or FedEx – depending on the shipping method selected) and address the issue directly with them. Slay Fashion does not hold or accept responsibility for packages that have been stated as delivered by the carrier. We do not issue refunds or credits for packages that the carrier confirms as being delivered.
You will receive your order 1-12 business days from the date that it is shipped, not necessarily from the date that it is placed, depending on the shipping method selected and final destination. After your payment is authorized and verified, it can still take 48-72 hours to process your order. This is just an estimate, and doesn't include weekends or holidays. When your order has been shipped, you will receive a confirmation email with tracking information. Estimated processing and shipping times are displayed below:
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Slay Fashion reserves the right to require the use of a "common" shipping and billing address in the event we are unable to process an order or verify a shipping address provided.
Additionally, Slay Fashion reserves the right to solely define and limit, refuse, and/or cancel orders from customers at any time due to:
In addition, Slay Fashion reserves the right to limit, refuse, and/or reject returns to any customer or entity, due to similar actions as noted above.


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Jefferson trounces no. 6 Washington-Wilkes behind suffocating defense, potent offense, kicking game
Jefferson's Collin Anthony (no. 54) celebrates with Donnie Hatfield (no. 80) after Hatfield hauls in a big third-quarter catch. The Dragons steamrolled no. 6 Washington-Wilkes Friday night 31-0. Photo by Ben Munro
Statement win: Jefferson 31, Washington-Wilkes 0
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B4U Small Group for Runners
Every Saturday
8:50am – 10:00amCategory: Small Group | Coordinator: Eva Morrison
Eva Morrison is kicking off a new small group on Saturday mornings. This is a Bible study for runners and it will meet weekly on Saturday mornings at 8:50 a.m. Please arrive at the Creek Road entrance to Pennypack by 8:50 a.m. because we will start running at 9:00 a.m. sharp. Click here for directions. Runners, walkers, woggers, men, women, strollers, and dogs are all welcome! For more information please contact Eva Morrison (firstname.lastname@example.com; 267-847-8233) or Rosie Morrison (firstname.lastname@example.com). Please click here to complete a form with your contact information so we can keep in touch with updates.


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Bar-none the easiest way to move in Delray Beach is to hire professionals to do the move for you. This is the certain way to correctly finish the job. Even when you use this method there are still more steps you can take to make an easier move.
The Best moving company in Delray Beach
Lots of people assume if they are only moving a short distance in Delray Beach , they can automatically move the contents of their house to their new home. Size differences between your new home and old may make this impractical anyway, but it is probably not a good choice either way.
5 Important Questions to Ask a Moving CompanyOne of the advantages of making a local move is that it will cost you a lot less overall considering the driving distance will not be that far. Another advantage is that you can consult with people in your community on how satisfied they have been with your local moving company. This might be the best way for you to choose the best company for the job. Why use a nationwide, overly corporate moving company when you can use a local company that will not charge you ridiculous prices. These types of local companies will take great care during your move and can offer many conveniences and special touches for your move. The first part of your move is getting a quote from the local company you have considered hiring. The quote will be with everything included so no surprise charges will be greeting you at the end of your move. The company will be fully licensed and insured which comes at no extra cost to you. The moving company will have their own trucks and means of moving everything, which will also be included inside their quote. Being open the entire time is one of the ways the moving company holds your best interests in mind. You can have your moving company pack all of your belongings, unpack everything, and of course everything else that may be considered during a move. If you have multiple vehicles that you might need help transporting a short distance, this can be arranged as well by your moving company at a very low cost. Moving is made very affordable when you are only making a local change in location. If you are looking for a more affordable moving option, instead of having the company pack everything for you, there are many different options to choose from. You will have direct access to the manager of your move and your company any time you might need them. Customer satisfaction will be the top concern of a local company because they will take pride in the type of reputation they have with their community. This is what will make them strive for the highest degree of customer service. After your move is finished, you can build a good standing relationship with your moving company. This can allow you to offer their services to people in your family, friends of yours, and neighbors. If you ever move locally again, you will get the same top notch service and more from the first time you used the company.
Choosing a Moving CompanyOnwards & Upwards! A Move can be a wonderful jouney!Welcome to my lens and congratulations on your upcoming long distance move! Moving is an exciting time, as it is a great opportunity to start fresh with a new job, new social groups & communities, new weather, and generally a new lease on life. This lens was created to help give you some ideas for making the intense process of cross country moving a little easier. The road is ahead is one of uncharted wonder, the possibilities are endless! I wish you a safe and happy cross country move.Here are some inspirational quotes about moving:"After five years I still had the impulse, every ten to twelve months, to find a new home. Spaces became too familiar, too elastic, too accommodating. Boredom and exasperation would set in. And though of course nothing really changed from one roof to another, I liked to harbor the illusion that small variations occurred within, that with each move something was being renewed."- Chloe Aridjis, Book of Clouds"Move to a new country and you quickly see that visiting a place as a tourist, and actually moving there for good, are two very different things."- Tahir Shah, Travels With Myself"Any time there's a major change, whether it's going into a relationship, getting out of a relationship, moving to a new city, a death -- that usually provides a catalyst for an explosion of creativity."- Lucinda Williams"I watch out my window as the planes take off into space. Oh, that I could fly away and start fresh. But I must realize that fresh starts also come in the pretty wrapped gift called 'tomorrow." - unknown"The first step towards getting somewhere is to decide that you are not going to stay where you are." - unknown"Tomorrow to fresh woods, and pastures new" - John Milton Licensing & The Law for Long Distance Moving CompaniesThe Moving Business can be Shady - Know the Laws to Protect Yourself! When your plans require you to move across state lines, an interstate move, your move will be governed by the FMCSA. When moving intrastate, or in your own state, each state has different laws and guidelines.Visit the FMCSA website here: FMCSA The Federal Motor Carrier Safety Administration lays down 5 Main Laws for moving companies:1. Obtain a U.S. DOT number for showing advertisements2. They are a conduit between consumers and companies - in other words they handle arbitration of complaints.3. Every moving customer has to receive a copy of the pamphlet "Your Rights and Responsibilities When You Move".4. Customers must be allowed to review their quote/tariff, which is a list of all rates and charges for the shipment before any agreement is reached.5. Give adequate information for reaching complaint handling processes, including a phone number and email address.For more in depth information about Moving Laws in the USA:https://www.protectyourmove.gov/consumer/awareness/rights/rights.htm Moving Insurance For Interstate MovesProtect Your Possessions With the Right Moving Insurance When planning to move by hiring long distance movers, or even performing the move yourself, it is a must to protect your possessions from damage or disaster. This will cover you in almost any situation that is out of your control, due to accidents, natural disasters or just a slip of the hand. Here is a brief overview of your options for moving insurance.Federal Law States the interstate moving companies must offer two different liability options: these options are referred to as valuation coverage.1. Full Value ProtectionThis is the most comprehensive option and the one chosen by most people that hire professional cross country or interstate moving companies. This coverage states that if any item in your shipment is lost, broken or damaged in the custody of the moving company, the company must do one of the following: Replace the Item with a similar one Settle with cash for the cost of the replacement Repair the broken or damaged object 2. Released ValueReleased value is a more minimal coverage option, but it is offered at no addition charge. In this type of coverage, the move is only liable for .60 cents per pound of article. This can mean trouble if something that weighs a small amount is worth a great deal and gets damaged, such as a 1500$ computer that weighs 5 pounds, you will only be able to claim 3$ in coverage compensation.These above polices are covered by the US Department of Transportation under Federal Law.3. Third-Party Moving InsuranceThis type of insurance can be added on to your coverage if you choose Released-Value liability. Some moving companies will offer this coverage as an option on top of your move, or you can choose to purchase it from another third party. Before making a purchase of any extra insurance, check your homeowners's insurance policy to see what your plan covers already. Hiring Movers vs Moving Yourself: The DebatePros & Cons Of Performing a DIY Move -Pros- 1. The first has to be saving money, with the high rate of cross country moves today, it can cost upwards of 4000 dollars to move a 3 bedroom house with a moving company. 2. Packing yourself so you know where all your important belongings are - this can be taken care of with careful packing and labeling though. 3. You will not have to compete for timing of a moving companies' availability, you are on your own schedule. -Cons- 1. Obviously, actually performing the arduous process of moving all your possessions is a problem or hassle for most, especially if time constraints or physical problems make you unable to perform this process. 2. Risk for damage & personal harm is increased - Professional movers are just that, they are pros and have a lot of practice, which you may or may not have. 3. Time - If you plan on driving all your stuff in a moving truck across the country, it will take at least a few days. Pricing Differences: When you consider the price of renting a moving truck, gas, hotels and food for the journey, moving is just plain expensive, no matter if you do it yourself or hire a moving company. I recommend pricing both options to see if the dollar difference of hiring movers is worth it to you. If you are moving for work related reasons, your company may be able to offset some of the cost, if not many of your expenses can be tax deductible. Check to see what options you have for tax deductions here: http://www.irs.com/articles/tax-deduction-moving-expenses Getting Free Quotes from long distance moving companies: It is best to get multiple quotes for your long distance move to compare as many prices as possible, this is easily done by visiting a number of moving sites online that offer this type of service. Also you can call them independently and request a quote for your move from each company. Tips for saving money on your interstate move:#1 Downsize Everything - Sell or give away everything you don't need A good rule of thumb while considering what you really need is "have I used this thing in the past three months?" If the answer is no, you should probably get rid of it. Sell it, give it away, or.... GASP! .... throw it in the trash. Long distance moving companies charge by weight (about 1$ per pound) so getting rid of the extra clutter can save you quite a bit of money if you are planning on hiring a moving company. If you are moving yourself this concept still applies, one less box is one less trip up the stairs or back and forth from the moving truck. Places to get rid of your stuff: - Secondhand clothes stores like Buffalo Exchange for your unwanted clothes - Craigslist for unwanted and older furniture and other stuff that has value - Facebook & Twitter: send out the good word for your friends to pick up your unwanted stuff - Drop the rest at Salvation Army and help out the populace! #2 Break down your furniture for better space usage If your furniture comes apart, plan on taking it apart. It can save you space, make it much easier to carry, and make taking it through doorways much easier. Saving space can save money by renting a smaller truck or having a smaller space allocated for you in a moving company truck, a win-win all around. Although it does take time, it will be worth it, I promise! #3 Deduct Expenses on your tax forms Did you know that many moving related expenses, especially when moving for work, are tax deductible? Depending on your tax bracket, this can be like getting a 30% discount on all your moving expenses from hotels to food to packing supplies. Find out if you qualify at the IRS website here: http://www.irs.com/articles/tax-deduction-moving-expenses #4 Time Your Move correctly for better pricing Competition raises pricing for any industry, especially in the moving industry. Since most people move during the summer months, July being the most hectic time for movers, going against the grain can keep your rate down. Also the middle of the month is less competitive, so if you have to move during the summer try to pick a time during the middle of the month. The time of year is the cheapest time of the year to move will be between April and October. Even if you are planning to move yourself by renting a truck, gas, lodging and renting a truck will likely be cheaper during this time of year. #5 Get Multiple Quotes From Moving Companies or Rental Truck Companies Shopping around is always a good option when you are making a large purchase, like hiring cross country movers. Here is a website that offers multiple free quotes from licensed movers, filling out the form only takes about 3 minutes - www.findcrosscountrymovers.com - Do this about 3 months prior to your move, if you do it sooner it will be harder to get a proper quote. 3 Nationwide Companies for Truck Rental: U Haul Website Penske Website Enterprise Trucks Website Ryder Website Tips on Building Your New Community & Finding the Hot-SpotsGetting Acquainted to Your New Home City Can Be Easier with a few online tools Moving to a new place can be hard on your social life, especially if you are coming from a place where you have long-ingrained family and friend connections. With so much new ground to explore, keeping yourself busy in the first few months and finding spaces to interact with the locals, you can more easily acclimate yourself to your new city. Great Sources for creating a new social environment for yourself: www.Meetup.org is my favorite source for finding new friends & community. From Rock Climbing, Music, to Science & art, programming to jui-jitsu, they have groups for something you are into. I have been to a few meetups and had a great time and met cool people. When you don't know anyone in a city, sites like meetup.org can help you find your new community outside of work. Here are a few other options like Meetup.org www.bigtent.com www.groupspaces.com Give them a try to let me know what you think in the comments, I'd love to hear your stories! Looking to find great places to eat and drink in your new city? I use Yelp.com due to the real user feedback, community and ease of use. UrbanSpoon.com is also a great site, try their apps for your phone when you are out and about exploring, it's a great way to find a good place on the go. Or.... ask your new friends from your Meetup what their favorite local places are! Resources For Setting Up Your New LifeThese are all things you can do before you move, some right before like changing your address and forwarding your mail, the others will help you find the right place in your desired location. Choose carefully your new position. I think a good option is renting a home or apartment for a few months before you sign a long-term lease if you are not familiar with the new city that you're moving to. This can be a little more expensive, but it can avoid being trapped in an area of town that you don't like for a year, which can be well worth the extra few hundred bucks a month. Check out the links below.


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Sheriff Charlie McDonald leads his Republican primary challengers in fundraising, while District 3 candidate Bill Lapsley has amassed the most of seven county commissioner hopefuls.
Sheriff Charlie McDonald leads his Republican primary challengers in fundraising, according to recent campaign finance reports. He raised $53,009 this election cycle, more than double that amassed by his two opponents.
State Trooper Michael Brown and Fletcher Police Chief Erik Summey have raised $25,780 and $24,000, respectively, according to quarterly campaign finance documents filed with the Henderson County Board of Elections.
Going into May's primary, McDonald also has the most cash on hand, with $17,559 left to spend as of April 19's state Board of Elections deadline. Summey reported $4,330 in cash on hand and Brown showed $2,304 available to spend, though he reported an additional $1,000 check on April 25.
District 3 hopeful Bill Lapsley has the largest war chest of the seven Board of Commissioner candidates, raising $24,900 this cycle. His opponent, incumbent Commissioner Larry Young, had put $10,190 into his campaign coffers as of April 19.
In the District 1 race, Commissioner Mike Edney took in $8,430, while challenger Andrew Riddle filed a report showing he collected $10,040 in the first quarter of 2014. Hogan Corn, who is also running for District 1, didn't have to file a quarterly report because he pledged to raise and spend less than $1,000.
Commissioner Tommy Thompson reported $8,289 in receipts in this election, about $488 more than his District 4 challenger, Tim Griffin. Finance documents showed Thompson also had more cash on hand as of April 19, with $1,073 versus Griffin's $30.30.
In the three-way race for Henderson County register of deeds, Lee King garnered $7,850 this election cycle, compared to $1,696 that Evona Kilpatrick reported in receipts. However, Kilpatrick still had $1,692 in cash on hand as of April 19, compared to King's $380. Shannon Baldwin was also exempt from reporting requirements since he committed to raising and spending less than $1,000.
McDonald helped build his campaign coffers with the help of some sizable contributions, including $2,000 from Sen. Tom Apodaca's campaign committee, $1,178 from Smiley's Flea Market owner Ben Campen, $1,620 from banker Bob Sherman and $1,500 from auto dealer Bryan Easler.
But Summey and Brown had their share of big-money gifts as well. Brown received $5,000 from logging company owner Harley F. Capps Jr., $4,000 from fitness tycoon Kevin Hoover, $2,000 from retired deputy Brian Brown and $1,500 from Rutherford County Sheriff's Office Lt. Greg Cochran.
Summey, meanwhile, took in $4,000 from family practitioner Dr. Larry Russell, $2,540 from his father, Jerald Summey, $4,000 from former Sheriff Rick Davis' campaign committee and $1,000 from the Southern States Political Action Committee.
According to Lapsley's report, some of his biggest contributors were family. Chris Lapsley gave $1,000, Steven Lapsley contributed $1,250 and Jon Lapsley of Charlotte wrote a check for $1,000. Other big donors included grading contractor J.K. Miller with $2,000 and golf course architect Tom Fazio with $1,000.
Among Young's biggest contributors were retiree T.B. Segal, who gave $4,500, and trucking company owner Boyd Leon Hyder, who gave $1,000 to his campaign.
Hyder also gave $600 to Edney's campaign, matching a $600 contribution the incumbent received from Ben Campen of Fletcher. Bryan Easler, J.W. Wright Jr., David Modaff and Emery John Lorntz all gave $500 to Edney's campaign, according to his campaign finance report.
Riddle's list of receipts included a $1,000 contribution from San Francisco designer Alan Owings, another $1,000 from Joseph Conte of Hendersonville; $500 apiece from Charleston realtor Daniel Ravenel and Susan Mehiel; and $200 from the Asheville Tea Party's PAC.
Thompson listed grading contractor J.K. Miller Jr. and designer Molly Sherrill as his largest contributors this past quarter, with receipts of $500 and $439, respectively. He also wrote three checks to his own campaign totaling $5,500.
Saluda investor Edward Hipp was Griffin's single biggest contributor with $750, according to his quarterly campaign finance report. Greenville, S.C. investor Jane Hipp gave Griffin $500, the same amount given him by Miami investor Todd Leoni.
Reach Axtell at 828-694-7860 or email@example.com.


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VIPRE consistently earns an Advanced+ rating from the world's most widely-trusted independent antivirus testing authority.
Defend against ransomware and other emerging threats, viruses, Trojans, rootkits, exploits, spyware and more, for peace of mind that is truly priceless.
VIPRE is proudly headquartered and supported in the United States with an award-winning customer service team at the ready to help you when you need it most.
VIPRE installs in minutes and allows you to quickly and easily manage devices across your network, with a simple interface that won't slow down your machines.
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Whether you're running PCs or Macs, VIPRE keeps you safe from an ever-evolving threat landscape so you can focus on business as usual.
This newest evolution of VIPRE's endpoint protection gives unparalleled visibility into the security status of computing environments, alerting of potential threats in real-time for quick identification, analysis and action. With a broader and deeper view than ever before, compromised hosts are identified in seconds and vital information is relayed immediately.
VIPRE is proud to partner with Entré Computer Solutions, a managed IT service provider with 8000 endpoints to protect across 150+ client systems. In this video, Entré shares why Endpoint Cloud and Server was the right choice for its customers' modern security needs. You'll also hear how VIPRE technology positions its partners and their clients to raise productivity and lower costs.
"I can't believe that I'm already finished setting up VIPRE Site Manager. You gave us five minutes to complete this step, and I'm done with four minutes to spare!"John Breeden II Tech Writers Bureau
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VIPRE provides fast, powerful and easy-to-manage endpoint protection for businesses of all sizes, with a small footprint that won't slow you down.Learn More
VIPRE protects your family's PCs and mobile devices from online threats so you can enjoy your digital life with greater peace of mind.Learn More


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The C++ language provides that if a class is derived from a base class containing virtual functions, a pointer to that base class type can be used to call the implementations of the virtual functions residing in the derived class object. A class containing virtual functions is sometimes called a "polymorphic class."
Since a derived class completely contains the definitions of all the base classes from which it is derived, it is safe to cast a pointer up the class hierarchy to any of these base classes. Given a pointer to a base class, it might be safe to cast the pointer down the hierarchy. It is safe if the object being pointed to is actually of a type derived from the base class. In this case, the actual object is said to be the "complete object." The pointer to the base class is said to point to a "subobject" of the complete object. For example, consider the class hierarchy shown in the following figure.
Class hierarchy
An object of type
C could be visualized as shown in the following figure.
Class C with sub-objects B and A
Given an instance of class
C, there is a
B subobject and an
A subobject. The instance of
C, including the
A and
B subobjects, is the "complete object."
Using run-time type information, it is possible to check whether a pointer actually points to a complete object and can be safely cast to point to another object in its hierarchy. The dynamic_cast operator can be used to make these types of casts. It also performs the run-time check necessary to make the operation safe.
For conversion of nonpolymorphic types, you can use the static_cast operator (this topic explains the difference between static and dynamic casting conversions, and when it is appropriate to use each).
This section covers the following topics:
See also
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No. 85,093
ELIZABETH WHITE, a minor, by and through
R. STEVEN WHITE, her father,
1. A minor is not bound by a settlement agreement until court approval has been obtained and may repudiate or withdraw from a settlement prior to such approval. Even after court approval, the minor may escape the settlement if the review hearing was inadequate to protect his or her interests.
2. The public policy behind the requirement of court approval of a settlement agreement with a minor is protection of the minor's interests, not those of the minor's opponent.
3. In determining whether to approve a settlement agreement with a minor, the district court may not simply rely on the fact that the minor's parent or representative has consented to the settlement agreement. Instead, the court must determine whether the agreement is in the minor's best interests.
4. An insurance company that makes an offer to settle a minor's claim, which is accepted on behalf of the minor, is bound by an executory accord in the period between the acceptance and the court's review of the settlement's protection of the minor's interests.
5. An insurance company that deliberately prevents a "friendly" hearing on its settlement of a minor's claim, when it has undertaken to arrange the hearing, cannot benefit from its interference with the settlement's condition precedent and will be bound to the settlement's terms pending court review.
Appeal from Osage District Court; JAMES J. SMITH, judge. Opinion filed September 21, 2001. Reversed and remanded with directions.
Dennis L. Horner, of Horner and Duckers, Chartered, of Kansas City, for appellant.
Craig C. Blumreich, of Gehrt & Roberts, Chartered, of Topeka, for appellee.
Before BEIER, P.J., PIERRON, J., and BUCHELE, S.J.
BEIER, J.: This case requires us to decide whether an insurance company is bound to a settlement agreement negotiated on behalf of an injured minor if the company changes its mind about the value of the claim before scheduling a "friendly" hearing intended by both sides to obtain approval of the settlement.
Elizabeth White, 15, was a passenger in a car driven by her boyfriend and owned by her father, Steven, when the car was involved in a single-car accident. She suffered severe and permanent injuries to her right hand. Defendant Allied Mutual Insurance Company (Allied) was the liability carrier on the car.
Allied agreed with Steven to settle Elizabeth's claim for $45,000, subject to approval of the court in a "friendly" hearing, and Allied turned the matter over to counsel to arrange for and conduct the hearing. Allied's counsel made initial contact with Steven about the hearing. Then there was a sudden and lengthy silence.
Several months later, Steven contacted Allied because Allied had neither initiated the hearing nor paid the $45,000. Allied informed Steven that it had decided not to settle after all. Since negotiating with Steven and arriving at the $45,000 settlement amount, it had become aware of legal authority supporting a defense to Elizabeth's claim.
Steven sought specific enforcement of the settlement agreement. The district court granted summary judgment in favor of Allied, finding Steven "had no legal authority to enter into a binding settlement contract on behalf of his minor daughter and, therefore, Allied lawfully withdrew its offer to settle. Without the existence of a settlement contract the plaintiff's breach of contract lawsuit must be dismissed."
The standard of review for a motion for summary judgment is well established and often recited:
"Summary judgment is appropriate when the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law. K.S.A. 60-256(c). On appeal, we apply the same rules, and where we find reasonable minds could differ as to the conclusions drawn from the evidence, summary judgment must be denied." Jackson v. U.S.D. 259, 268 Kan. 319, 322, 995 P.2d 844 (2000).
A settlement agreement is a type of contract and, therefore, governed by contract law. See Marquis v. State Farm Fire & Cas. Co, 265 Kan. 317, 323-24, 961 P.2d 1213 (1998). To create a contract, the parties involved in making the contract must have the capacity to contract. See Aetna Life & Cas. v. Americas Truckway Systems, Inc., 23 Kan. App. 2d 315, 319, 929 P.2d 807 (1997) (there must be at least two parties to a contract); see also U.S.D. No. 443 v. Kansas State Board of Education, 266 Kan. 75, 88, 966 P.2d 68 (1998) (municipal corporations cannot bind themselves by a contract in a manner that is beyond the scope of their powers).
Steven argues that he and Allied had a binding oral contract. Allied argues that there was no contract because the court never approved the settlement agreement and Steven lacked the capacity or legal authority to enter into an enforceable contract on his own.
Both parties cite Railway Co. v. Lasca, 79 Kan. 311, 99 Pac. 616 (1909). In Lasca, the minor plaintiff was 18 months old when his hands were run over by the wheel of a railroad car. His parents settled his claim against the railway company for $100, and the settlement was approved by the district court. Later, a second suit was brought to set aside the judgment entered on the basis of the settlement. The district court ordered the judgment set aside and the Supreme Court affirmed, finding the parents could negotiate for a fair adjustment of the controversy, but a settlement could not bind the infant without court approval after careful review. 79 Kan. at 316; See Childs v. Williams, 243 Kan. 441, 441, 757 P.2d 302 (1988) ("Because a minor can disavow a contract within a reasonable time after reaching majority [under K.S.A. 38-102], it is necessary to reduce a minor's settlement to judgment with court approval to make it binding."); cf. Myers v. Anderson, 145 Kan. 775, 67 P.2d 542 (1937) (mother lacked authority to settle child's cause of action for support from father; trial court erred in holding mother's settlement with father bars child's recovery).
Thus there is ample authority in Kansas for the idea that a minor is not bound by a settlement agreement such as the one in this case until court approval has been obtained. Even then, the minor may escape the settlement if the review hearing was inadequate to protect his or her interests. See Leslie v. Manufacturing Co., 102 Kan. 159, 164, 169 Pac. 193 (1917). And courts in other jurisdictions have applied this rule to permit minors to repudiate or withdraw from a settlement prior to its approval by the court. See e.g., Dacany v. Mendoza, 573 F.2d 1075, 1079-80 (9th Cir. 1978) (applying Guam law; settlement voidable at election of minor until it receives court's imprimatur); Scruton v. Korean Air Lines Co., 39 Cal. App. 4th 1596, 1608, 46 Cal. Rptr. 2d 638 (1995) (compromise of claim could be repudiated by guardian for minor at any time until approval rendered); Wreglesworth v. Arctco, Inc., 316 Ill. App. 3d 1023, 1027-28, 738 N.E.2d 964, 969 (2000) (release of minor's claims ineffective absent probate court approval). We agree that this is logical. The question becomes: Does the party responsible for paying the settlement amount have the same right?
Steven is correct that the public policy behind the requirement of court approval is protection of the minor's interests, not those of the minor's opponent. Kansas' appellate decisions repeatedly urge reviewing courts to exercise extensive oversight, ensuring that the injured minor's claims are not sold short by an agreed settlement merely outlined at a "friendly" hearing. As we said in Baugh v. Baugh, 25 Kan. App. 2d 871, 872-73, 973 P.2d 202 (1999): "The district court may not simply rely on the fact that the minor's parents have consented to the proposed agreement. Instead, the court must determine whether the agreement is in the minor's best interests." See also Leslie, 102 Kan. at 164 (city court's approval of settlement between defendant and injured minor's father not bona fide; "merely a complaisant and perfunctory acquiescence"); Lasca, 79 Kan. at 316-19; cf. Perry v. Umberger, 145 Kan. 367, 65 P.2d 280 (1937) (district court approval of settlement upheld because it engaged in full examination of facts of accident and extent of minor's injuries). The Alabama Supreme Court, whose language was relied upon in Lasca, characterized the agreement of a minor's next friend to a settlement amount as "nugatory."
"'It is as if it were not and had never been. The court may upon being advised of the facts, upon hearing the evidence, enter up a valid and binding judgment for the amount so attempted to be agreed upon, but this [is] not because of the agreement at all--that should exert no influence--but because it appears from the evidence that the amount is just and fair, and a judgment therefor will be conservative of the minor's interests.'" Lasca, 79 Kan. at 317 (quoting Tennessee v. Coal, Iron & Railroad Co. v. Hayes, 97 Ala. 201, 209, 12 So. 98 [1892]).
The parties have directed our attention to only one case, from New York, in which a paying party asserted a right to withdraw its settlement offer to a minor's parent between the time the deal was struck and the time the court reviewed it. In that case, Wizniewski v. Parks, 169 Misc. 2d 326, 645 N.Y.S.2d 992 (1996), a father brought a personal injury suit after his child was bitten by a dog owned by neighbors. The father accepted a settlement offer from the defendants on January 11, 1996, but his acceptance noted that the required hearing to obtain court approval could not be completed until the child returned to the country sometime in September 1996. On January 15, 1996, the defendants purported to reserve the right to withdraw the offer if the child would not be available within 60 days. A January 30, 1996, letter reiterated this intention.
The Wizniewski court found the settlement agreement was an executory accord, defined as "an agreement embodying a promise express or implied to accept at some future time a stipulated performance in satisfaction or discharge in whole or in part of any present . . . cause of action." 169 Misc. 2d at 328. The executory accord was binding on the defendants, even though it called for performance to occur at a time after its making. Because the agreement contemplated performance within a reasonable time, the defendants' attempt to reserve a right to unilaterally terminate the accord was ineffective. In the period between the father's acceptance of the offer on his child's behalf and approval by the court, the defendants were not "free to disavow or repudiate their contract." 169 Misc. 2d at 330.
The Wizniewski court rejected the defendants' argument that it would be "ludicrous" to enforce a settlement agreement against the defendants while permitting the minor to repudiate it:
"[I]nfants have been free to enter into contracts which can be subsequently repudiated and this rule derives from the common law and flows as a natural consequence from the legal status of infants. The function of an . . . infant settlement motion or proceeding, as Plaintiff ably points out, is to provide Defendants with an ability to obtain an enforceable settlement agreement so that cases just like the present one can be resolved. Plaintiff cannot now obtain an order from this Court compelling payment on this executory accord since the . . . infant settlement proceeding has not been completed. To that extent, Defendants are precisely correct. [Citation omitted.] In the posture of this case, however, the executory accord between the parties operates as a bar to Defendants' ability to obtain summary judgment [on the merits of the minor's claim]. Having found an offer and an acceptance resulting in an executory accord, this Court finds no difficulty, conceptually or otherwise, in finding that the settlement agreement reached by the parties remains subject to the subsequent review by this Court before it becomes a final settlement. During the interim between acceptance and Court disposition, however, the Defendants do not remain free to disavow or repudiate their contract with Plaintiff." 169 Misc. 2d at 330.
Kansas cases have recognized the doctrine of executory accord. See Gillick v. Brite Voice Systems, Inc., 267 Kan. 420, 425, 981 P.2d 1165 (1999) (settlement agreement was executory accord; plaintiff could enforce agreement but could not then revive original claim); Coffeyville State Bank v. Lembeck, 227 Kan. 857, 860-61, 610 P.2d 616 (1980) (executory accord operates as suspension of original claim; if debtor breaches accord, creditor may enforce prior obligation unless creditor has already sued on accord and recovered judgment); cf. Elliott v. Whitney, 215 Kan. 256, 259-60, 524 P.2d 699 (1974) (subsequent written agreement breached by defendant governed plaintiff's rights rather than oral agreement; written agreement constituted novation or substituted contract, not "accord executory").
We are persuaded that this is one of the rare situations suitable for application of the doctrine of executory accord. The executory accord is binding on Allied, which does not dispute that it made an offer to settle Elizabeth's claim for $45,000 or that the offer was accepted on her behalf by Steve. Although our precedents are clear that the resulting agreement was not binding on Elizabeth until a court approved it, Allied was bound not to revoke or attempt to withdraw its offer prior to the friendly hearing that it undertook to schedule. To the extent this rule results in "preferential" treatment for minor plaintiffs who retain their historical flexibility pending court approval, it is preferential treatment consonant with the express public policy underlying the court approval requirement.
This case must be reversed and remanded to district court for the hearing Allied promised. At that hearing, Allied shall not take the position that it offered or should have offered anything less than the $45,000 already accepted. Of course, the district court should perform the careful review of the matter required by the cases we have cited and conclude on its own whether the settlement adequately protects the interests of Elizabeth.
We would be remiss if we did not make one additional observation regarding the peculiar facts of this case. Allied's apparently deliberate prevention of the occurrence of a condition precedent to the settlement's effectiveness could provide another ground for reversal.
"A condition precedent is something that it is agreed must happen or be performed before a right can accrue to enforce the main contract. It is one without the performance of which the contract, although in form executed and delivered by the parties, cannot be enforced. A condition precedent requires the performance of some act or the happening of some event after the terms of the contract, including the condition precedent, have been agreed on before the contract shall take effect. (See Words and Phrases, Conditions Precedent, Vol. 8, pp. 713-785.)" Wallerius v. Hare, 194 Kan. 408, 412, 399 P.2d 543 (1965).
The "friendly" hearing intended to obtain court approval of the settlement agreement qualified as a condition precedent for the settlement agreement. Allied undertook to arrange the hearing and then refused to go forward with it. This it could not do.
"'The rule is clear and well settled, and founded in absolute justice, that a party to a contract cannot prevent performance by another and derive any benefit, or escape any liability, from his own failure to perform a necessary condition. [Citations omitted.] And this is the universal rule. [Citations omitted.]'" 194 Kan. at 412
Although the record does not disclose exactly when Allied's counsel determined that there was a substantive defense to Elizabeth's claim, it is reasonable to assume that this determination prompted the sudden and prolonged silence. When Steven could stand the suspense no longer, he took the initiative to find out why neither the hearing nor a check for $45,000 had materialized. It is fortunate for Elizabeth that he became curious when he did, as it is obvious that Allied and its counsel were content to let the statute of limitations run before they informed Steven that the deal he was waiting to finalize had, in their view, evaporated. Although their tactic was not unethical, it was unprofessional, given their previous enthusiastic pursuit of the settlement and subsequent preliminary contracts regarding the hearing they promised to set up.
Reversed and remanded for further proceedings consistent with this opinion.


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text:
February 13, 2012
The Grammys
Total People in Discussion: 11
Categories: Music, Television
The Grammys are my favorite awards show, for several reasons.
For one, it's an awards show with very few actual awards. They give them all out off-stage, which is just as well, because the Grammy voters tend to be clueless. This year, the few awards they were giving out on TV were completely anticlimactic, because everyone knew Adele was going to win everything.
That leads to the second reason it's so good. The acceptance speeches are both really short and really unpredictable. You almost never get someone reading a laundry list of everyone he or she ever has met, and they only had to play one person off the stage. Fewer blowhards makes for better TV, and some of these people are kind of crazy, although we didn't see any of that this year.
You also get a higher percentage of wacky outfits, which makes for good Red Carpet laughs. I can't wait to hear what Joan Rivers says on tonight's "Fashion Police" about Fergie's orange origami outfit and Katy Perry channeling Kate Smith.
The show's emphasis is on getting as many performers on stage as possible, sometimes in strange and wonderful combinations. It doesn't always work, but it's almost always interesting.
My favorite musical moments Sunday night were: 1. Adele 2. Foo Fighters 3. Paul McCartney and Company on "Golden Slumbers/Carry That Weight/The End 4. Jennifer Hudson 5. Taylor Swift 6. Beach Boys 7. Bruno Mars.
The low points were Tony Bennett and Carrie Underwood, who were awkward together, and Nicki Minaj, putting the Spanish Inquisition to music. As strange as that one was, it also illustrated what's so great about the Grammys -- the potential for something really weird and stupid happening. This was an amazing train wreck.
What did you think of this year's show and how the Grammys compare to other awards shows?
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Current Comments
I enjoyed the show. I can't believe you don't have Bruce on your list. His opening number was great. Bruno Mars blew the roof off the joint. Nicki Minaj was a nightmare.
The recorded version of Tony Bennett and Carrie Underwood's "It Had to be You" is really beautiful, but it just didn't translate well on TV.
I loved the ending Paul McCartney performance, too. Dave Grohl had a look on his face like, "Sweet Jesus, I'm on stage with a Beatle!"
Posted By: Susan | Feb 13, 2012 12:41:37 PM
Forgot another favorite moment - Adele sang beautifully, then stood there for awhile enjoying the standing ovation she received. Very sweet.
Posted By: Susan | Feb 13, 2012 12:42:44 PM
I love Bruce, and he would have come up next if I'd continued with that list, but this song wasn't doing it for me as well as some of the others.
Posted By: Bill White | Feb 13, 2012 12:54:05 PM
Agree with most of your favorite moments except Jennifer Hudson - as usual over the top and trying to outdo Whitney. A much better tribute to a musical legend was the Bonnie Raitt and Alicia Keys duet honoring Etta James - understated and heartfelt.
Posted By: Jane | Feb 13, 2012 1:06:39 PM
I thought the Raitt/Keys duet was great and I would have put them ahead of the Beach Boys, although it was great to see them back together again. I agree with Susan on the Bennett/Underwood duet being great on CD but not so good on TV. And I thought Jennifer Hudson was one of the top performers of the night - her voice is incredible. She is the only singer I can think of who has the ability to sing that song as well as Whitney did. Adele was amazing.
Posted By: Karen Ritter | Feb 13, 2012 1:22:56 PM
I actually thought Hudson was relatively subdued compared to a lot of the Whitney impersonators you hear everywhere these days. She has a great voice and, like Whitney, she doesn't need to throw in a zillion runs.
Posted By: Bill White | Feb 13, 2012 1:53:40 PM
I liked the Bennett and Lady Gaga duet, which I've seen them do before, better.
Posted By: Bill White | Feb 13, 2012 2:05:52 PM
The Bennett-Gaga duet is such fun. Did you see it performed on her Thanksgiving night special? They were both really enjoying themselves.
Posted By: Susan | Feb 13, 2012 4:25:54 PM
I agree about Hudson, Bill. And you could see the emotion on her face, too, so it was very moving. I'll have to look up the Bennett-Gaga duet.
Posted By: Karen Ritter | Feb 13, 2012 4:29:36 PM
Maybe that's where I saw it. They were much more comfortable together than Tony and Carrie.
Posted By: Bill White | Feb 13, 2012 4:30:13 PM
Karen, here's a link to the video. She sounds great. http://www.youtube.com/watch?v=ZPAmDULCVrU
Posted By: Bill White | Feb 13, 2012 4:35:08 PM
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The Surface RT tablet was released last month, but Microsoft has remained tight-lipped about the support policy for Windows RT itself. The company has since released information detailing its declaration to support its initial Surface tablet for four years. ZDNet has taken a look at the new information provided to see what this means for consumers.
The Mainstream Support End Date is set as April 11, 2017, with no Extended Support End Date due to the Surface tablet being classed as a consumer device. Microsoft has updated its policy to provide addition details to cover consumer hardware to better reflect the available support for consumers. Quick snippet:
"For Surface devices, any Surface software installed, embedded or downloaded on the device is subject to the software lifecycle support policy for that software (unlike other HW devices such as Xbox) ... The hardware support lifecycle policy applies only to the Surface hardware (and as stated above not the Surface software). For Surface devices, that policy affects only the tablet device and hardware based accessories (and for example not to soft goods accessories such as cases)."
What does it all mean for the consumer? Those who purchase a Surface RT tablet will be eligible for firmware updates until at least April 2017. Windows RT and the bundled Office suite will both be covered for the minimum five-year period defined for consumer software, providing ample future proofing for consumers.
ZDNet also compared the support provided by Microsoft against competitors. Apple's original iPad, released just over two-years ago, no longer qualifies for iOS updates. It's a cloud of confusion when it comes to Android tablets. OEM partners will be releasing hardware powered by Windows RT, and so far Microsoft's support lifecycle page is current word on expected support dates for hardware released by each company.
Consumers who have been affected by the Touch Cover issues will be pleased to know Microsoft is set to continue to support its products for a generous duration of time.
Source: ZDNet
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text:
I Fought the Law and I Won
Why Wednesday's Supreme Court ruling is a victory for free speech.
I have been repairing things since I was a kid. When I was in high school, I fixed many motorcycles, electronics and cars. My next-door neighbor was a man named Honest John. He was a used-car dealer in downtown Birmingham. I was low-cost help for him. And I got the work done. Since then, I have been getting things done in workshops and production operations all over the United States and around the world. Now I'm an electrical engineer, and I run a successful small business near Birmingham, Alabama.
That engineer's mindset has guided my political activity, including the decision to take my First Amendment challenge to the Supreme Court. It all began during the 2011-12 election cycle, when I was donating money to various candidates for federal office and to some political party committees. To my surprise, one of the party committees informed me that I was nearing the limit of how much I could give to them or to anybody else.
Story Continued Below
I had never heard of such limits. Somebody—I don't remember who—showed me a chart on the federal rules of campaign giving that was so complicated I could barely make any sense of it. On the advice of their lawyers, most people simply comply with these rules and don't raise questions. As an American engineer in the land of the free, I wanted to understand just exactly why my First Amendment rights were being limited.
I decided I needed to fix it. So I filed a lawsuit, which was argued before the United States Supreme Court on Oct. 8, 2013. And on Wednesday, the court agreed with me: Federal campaign contribution aggregate limits were indeed restricting my constitutional right to free speech. "There is no right in our democracy more basic," Chief Justice John Roberts wrote, "than the right to participate in electing our political leaders."
Today I'm thrilled. Back in October, though, I admit I was a little nervous at first. In the court chamber that morning, I was also amazed and proud that this moment had finally arrived. It felt like a thousand-pound weight had been lifted from my shoulders. With the help of the Republican National Committee, my legal team and I had spent months getting ready. In the final weeks, I met regularly with the lawyers as they prepared their arguments and spoke with dozens of news reporters to explain my case in my own words.
Initially, I didn't know what to expect, since it was my first visit to the Supreme Court. But I grew more confident as I watched the justices respond to our arguments.
We urged them to put the First Amendment first. One of our lawyers, Erin Murphy, framed the issue this way: "By prohibiting contributions that are within the modest base limits Congress has already imposed to combat the reality or appearance of corruption," she said. "These limits simply seek to prevent individuals from engaging in too much First Amendment activity."
The justices apparently agreed. Once a citizen has made sufficient contributions to reach the total limitation set by federal law, Chief Justice John Roberts said, "you are telling him that he can't make that contribution, however modest, certainly within the limits Congress has said does not present the problem of corruption, to a tenth candidate." That result has a "First Amendment cost," he concluded. "It seems to me a very direct restriction on much smaller contributions that Congress said do not present a problem with corruption."
One thing I didn't anticipate was just how fun the hour-long hearing of our case was. It was serious humor, of course. But I did laugh when Justice Scalia said the existing legal complexities, while they "sap the vitality of the political parties," also encourage "drive-by PACs for each election"—referring to the mostly unregulated and unaccountable private groups in both parties that have been spending hundreds of millions of dollars, especially in presidential elections.
The worst comment came from Donald Verrilli, who as solicitor general represented the executive branch in defending the law. The First Amendment, he said, was not designed to protect a citizen's right to give a fancy Maserati to the secretary of defense. Justice Samuel Alito responded that such a donation would be illegal. "We're talking here about campaign contributions," he lectured Verrilli.