text:
Administrative Procedures
Course Registration Procedures
Course Add, Drop and Withdrawal
My YU Online (Banner®)
Records and Transcripts
Time within the Program
Transfer of Course Credit
Tuition Procedures
Web-Based Course Management (CANVAS, etc)
Student IDs: All students will be issued student IDs, which should be worn or accessible at all times, for entry into a number of Einstein, Cardozo and Yeshiva buildings, as well as for the use of library services. MBE students will be issued Einstein student IDs for a period of 2 years. If additional time is needed to complete the degree, IDs will be renewed in one-year increments until degree requirements have been satisfied. Certificate students will be issued Einstein Student IDs for a period of 1 year.
Instructions: At the beginning of the academic year, the Center and Program Administrator sends a list of students to the Security Office of Albert Einstein College of Medicine. To obtain your card when you arrive on campus, please go to the Security Office, located in Forchheimer, room G‐09. They will be able to check your student status via computer, take your photo and provide you with your card.
Banner: Banner® is the student information system Yeshiva University uses to track information about students and alumni. The student information held in Banner is protected by the Family Educational Rights and Privacy Act of 1974 (FERPA). The location on the web where you can access Banner and view all your student information is www.yu.edu/myyu. You can view information pertaining to your admission to the program, grades, print unofficial transcripts, and your tuition/bill. You can also log in to My YU to update your contact information, marital status, etc. First time users will need to create an account by designating a login ID and PIN. Please see the Handbook's MyYU section below for further instructions.
Obtaining an Einstein/YU Email Address: All students will be assigned an Einstein Yeshiva University email account. Information regarding your Einstein/YU account will be distributed through an Orientation email. Please note that your Einstein/YU email addresses will be used in all communications to students from faculty and program administration.
Note: If you wish to use another email address, you will have to set up email forwarding. Students who need assistance with forwarding are welcome to contact the Center.
Change of Name and Address: A student who wishes to change either a first or last name on Einstein records must file a Request for Change of Name on School Records form. Students who change their home or local residences are required to notify the Office of the Registrar of the change within ten (10) days by filing a Notification of Change of Address form. A student is responsible for all mail sent to the old address if the University has not been so notified.
The official Bioethics procedure can be found here.
Academic Calendar(s): BIOE courses offered through Einstein typically operate on a semester system. Academic calendars for these BIOE courses are posted and updated here on this website. The calendars posted here do not describe semesters at Yeshiva University's other constitutive schools (such as Cardozo Law School or the medical curriculum at Einstein College of Medicine). It is the student's responsibility to be informed about beginning and end dates for non-BIOE calendars and courses.
Obligation to Register: Students not on pre-approved leave must register, each term, according to the published deadlines for relevant academic calendars. Students not registered by the deadlines will be considered non-matriculated and pertinent offices will be notified. Failure to register can also lead to dismissal from the program. The Program Director can grant deferred registration, but a request should be made prior to deadlines.
Note: As a reminder, instructions for registering are emailed to all students prior to each registration period, but students are responsible for registering before deadlines even if this email message is for some reason not received.
Prior to Each Semester: The Center and Program Administrator and Registrar will send email notification of courses that are available and deadlines for registration in the semester to come. Before the beginning of term, students should discuss their curricular plans with the Center faculty advisor, though actual confirmation of courses occurs individually, when the student self-registers online, and not through the advisor.
Special Note for Cross-Registration: MBE students who wish to take a course that is not on our program's list of pre-approved range of courses, but within a Yeshiva University school or program, will have to cross-register -- a process involving several steps. All efforts to have the course approved for credit toward the MBE must be resolved in advance of the given semester, or be considered unsuccessful. For details about the process, approvals to obtain and the process of application, students should download the Cross-Registration form.
Actual Registration: Self-registration for all Certificate and Masters students will be done online through Banner®. Students should see the Handbook's MyYU section below for further instructions.
After Successful Registration: Registration information for each semester will be available through Banner. It is the student's responsibility to verify the information and bring any issues to the attention of the Registrar.
Adding a Course: Students have two (2) weeks after the beginning of a semester to register for a BIOE course and should note each semester's academic calendar for specific dates. A student adding a course should have already been attending the course, since the masters and certificate programs' strict attendance policy will still be in effect. If the initial online registration period has ended, students may use the Course Add/Drop form and submit to the Center and Registrar.
Note: As always, it is the student's responsibility to keep in mind slight variations in semester calendars for Yeshiva's University's constitutive centers and schools.
Dropping a Course: Students should note each semester's academic calendar for specific dates regarding drop deadlines. If the initial online registration period has ended, students may use the Course Add/Drop form and submit to the Center and Registrar.
Financial Considerations:Excepting the initial non-refundable deposit upon acceptance into the Certificate and Masters programs, students can drop a semester-long course without financial penalty within the first week of school. After that, tuition refunds will be pro-rated as follows: after 1st week at 75%after 2nd week at 50%after 3rd week at 25%after 4th week 0% refund.
Note: The above applies only to semester-long seminars. For intensive courses (typically of 4-5 sessions and limited enrollment), dropping one week before the 1st session leads to the forfeiture of a $500 deposit. There will be no tuition refund of any amount after having attended the first session.
Withdrawing from a Course: A semester-long course dropped after the seventh (7th) week of class will be given a grade of W (Withdrawal), which will be reflected on the transcript. A Course Withdrawal form must be filled out and signed by the student, course leader and program director. Students should refer to the academic calendar for exact dates of each semester, and the weeks they have until a course may be dropped without academic penalty.
The official Bioethics procedure can be found here.
Ceremonies: Commencement exercises are held once a year at the close of the academic year.
Applying for Graduation: A student applies for a degree by filing either an Application for Graduation-Certificate or an Application for Graduation-MBE prior to anticipated graduation. If the degree is not awarded at the end of the term indicated on the form, a new application must be filed every term until the degree is awarded.
Application Fees: On submitting an Application for Graduation, the student will be charged a Graduation fee of $150.00, by the Office of Student Finance. Graduation fees initially paid remain valid for an additional three (3) consecutive semesters, and do not need to be paid again, unless more than two (2) years elapse between payment and award of degree.
Clearance for Graduation: An application for graduation and degree conferral will be successful only if the student has fulfilled all degree requirements, maintained the Einstein's standards for academic integrity and professionalism, and been cleared by the Office of Student Finance, with no outstanding tuition, library fines or other account balances.
Banner Overview: Beginning with the Fall semester of 2012, every continuing student must register online, using Banner®: the student information system Einstein/Yeshiva University uses to track information about students and alumni. You will be able to obtain your grades, print unofficial transcript, also update your addresses (except Campus Address), telephone numbers, emergency contacts, ethnicity, check your standing (holds, etc.), and obtain enrollment verification certificate. You can view information pertaining to your admission to the program, requirements, and your tuition/bill. The student information held in Banner is protected by the Family Educational Rights and Privacy Act of 1974 (FERPA).
Note: Students with a hold on their accounts will not have access to Web Registration.
Student Self-Setup in Banner: You can access Banner at www.yu.edu/myyu. First time users will need to create an account by designating a login ID and PIN. You will need the following to participate in Web Registration:
Your Security on Banner: Here are important tips about security that you should keep in mind while using Banner:
Questions?: If you have questions or need assistance with any aspect of Web Registration, please contact our center and program administrator.
Maintenance of Records: Course and grade records will be maintained for every student in the form of a permanent transcript. Einstein has formulated its student record policy to guarantee the rights of privacy and access as provided by the Family Education Rights and Privacy Act of 1974 (FERPA). Students may review their academic record and transcript on-line (using the Banner system) at any time. Students who wish to obtain an official copy of their transcript must do so upon written request to the Registrar.
Accessing Final Grades: Final grades will be entered by the Registrar into Banner®, the student information system Einstein uses to track information about students and alumni, all protected by FERPA. Students can obtain their grades and print an unofficial transcript from this site, located at www.yu.edu/myyu. First time users will need to create an account by designating a login ID and PIN. Please see MyYU section below for further instructions.
Transcripts: Records of students are sent only in the form of a transcript. No partial records are sent, nor ones listing only courses without grades (remember that unofficial transcripts can be obtained through Banner®). Requests for official transcripts can be done by online by going to https://www.yu.edu/transcript. Note that transcripts are not issued for a student who has an overdue debt to the University or has failed to return all books to its libraries.
Questions about the Records: A student who believes that there is an error in his or her academic record (e.g., in a grade, average, credit value, or course description) must promptly call this to the attention of the Registrar. Even if there has been a mistake on the part of the University, no request for a correction will be considered unless the student notifies the Registrar within three months. It is therefore essential that students review their academic record regularly, at the end and beginning of semesters.
Time Guidelines for Completing the Program: A student should ideally complete the requirements for the Master of Science in Bioethics within five (5) years of admission to the program. The Certificate Program, however, must be completed withinone year of admission, unless a leave of absence is granted.
Leave of Absence: Students who need to interrupt their course of studies, but who expect to return at some future time, must file a Request for Leave of Absence. Such leaves are normally granted for a maximum of 2 semesters. Sympathetic consideration will be given to a request by a student returning from an official leave, who wishes to continue a course of study under the requirements in force at the time the leave was granted. Leaves of absence, except for the purpose of government service, do not extend the time limits set for completion of degree requirements.
At the beginning of an Academic or Personal Leave of Absence, the student must submit a Leave of Absence form, and upon return from the Leave of Absence, the student must formally notify the Registrar. When the student wishes to return from the Academic or Personal Leave of Absence, approval must be obtained from the Program Director, following complete review of the student's academic record and a plan for improvement. If the student does not return when the Leave of Absence expires, the student will have the option to withdraw from the program or may be dismissed. Requests for extension of the Academic or Personal Leave of Absence must be approved by the Program Director.
A student who neither registers for courses nor secures an official leave of absence for any semester will be considered as having withdrawn from the program and from Einstein. A student who withdraws and then wishes to resume studies is required to apply for readmission.
Please note that under current Immigration and Naturalization Service regulations, foreign students in F-1 classification are not permitted to be on leave of absence.
Official Withdrawal: A student who is withdrawing from the program and does not expect to return at some future date must fill out an Application for Official Withdrawal form. Completion of this form is necessary for the student's record to bear the notation that an official withdrawal was granted. (A student who plans to return at some future date should instead file a Request for a Leave of Absence; see above.) A student who has withdrawn, and wishes to resume studies, is required to apply for readmission.
The official Bioethics policy can be found here.
Parameters for Credit Transfer: Credit for work completed at another institution of higher education is not automatically granted. Only courses at the graduate level, taken toward a degree at an accredited institution, will be considered. Students may transfer a maximum of ten (10) credits toward the MBE degree. No transfer credit is allowed for any external courses completed more than five (5) years before entering the program, whether or not the credit was earned toward a formal degree. No credit is given for any course transferred from another institution with a grade below B.
Applying for Credit Transfer: Students have the strongest chance of being granted credit for successfully completed graduate courses with clear equivalents within the MBE program. The determination of equivalency will be decided by the Program Director, who acts upon the recommendation of the faculty member who is the leader of the course for which equivalency and/or academic credit is being sought. The student who wishes to apply must complete the Request for Transfer of Credit, and also present the syllabus, related course information, pertinent written work and evidence of successful completion of exams and course requirements (official grade). The application is complete when all the aforementioned is submitted to the Center for Bioethics and the Einstein Registrar.
For courses taken prior to enrollment in the MBE program, this request must be made during the first semester in attendance. All official actions concerning transfer of credit are taken by the Registrar after all records are checked and subsequent to written approval by the Program Director. After careful review, the applicant will be informed of the number of credits that have been accepted to this program.
Taking External Courses for M.B.E. Credit: Matriculated students who wish to take a course outside the Yeshiva University system, and for credit toward the MBE while enrolled in the program, must receive prior special approval from the Program Director. No transfer credit will be approved if prior approval is not obtained. Students may not apply more than two (2) of such external courses toward satisfying requirements for the MBE.
Note: Registration for outside courses is the sole responsibility of the student in accordance with the procedures of the other institutions. It is also the responsibility of the student to have an academic transcript sent from the other institution directly to the Center and Einstein Registrar. The course number, title, semester-hour equivalents, and the name of the institution will be entered on the student's transcript as a transfer course subsequent to successful completion of the course.
Second Note: for non-preapproved courses within the Yeshiva University system, please see instructions for cross-registration above.
Certificate Program Credits: All Certificate Program credits must be taken at Einstein. No transfer credits are permitted in the Certificate Program.
The official Bioethics procedure can be found here.
Tuition (2018-2019): Tuition charges for the current academic year are set at $1,181 per credit, with the one exception being the Certificate Program (6 credits), charged separately at a rate of $6,000 for the complete program. Tuition is payable by semester and is due before the beginning of classes. Invoices will be generated through the Office of Student Finance, before each semester, based on the number of credits to be taken. Students who have an overdue debt to the University will not be able to register for courses.
Deposit and Tuition Refund: Each new Certificate and Masters student will provide a non-refundable deposit of $500 upon accepting our admissions offer. The deposit will be applied toward the first semester's tuition, which as always is due in full before classes begin. Where applicable, tuition refunds for individual courses are given on a prorated basis, according to the drop policy above.
Financial Aid, etc: For very helpful details concerning tuition reimbursement, payment plans and student loans, please see the Handbook's section on Financial Aid.
For all counseling and assistance please contact Damien Jackson, Director, Office of Student Finance, at 718.862.1813 or email@example.com.
Using Canvas: Canvas is a web-based course management and collaboration portal that enables educators to manage course materials and to communicate with students. The portal can function both as a complement to traditional courses and as a site for distance learning.
Please use the following link to access Canvas. Here, you can take surveys, quizzes, and tests; send and receive course mail; post messages to threaded discussions and chat rooms; upload assignments using online drop boxes; and more. You can check your progress and grades at any time during a course. You can also create groups and teams for project or committee work.
Applications for the Master's in Bioethics and the Bioethics Certificate Program are being accepted for the Fall 2019 semester.
more news & events


text:
2021 Sweets & Snacks Expo
Industry: Food
Dates: May 25 – 27, 2021
Venue: Chicago's McCormick Place West
Description: Sponsored by the National Confectioners Association, the Expo is the candy & snacks industry's most successful, world class event and the only show that represents all of the major U.S. distribution channels of confectionery and snack products in one location.
Discover more than three and a half acres of candy and snack items in one place!
Official Website: http://www.sweetsandsnacks.com/
SOURCE: National Confectioners Association

subset: commoncrawl


text:
Duke Media Foundation and Educating Young Minds To Co-Host Special Media Boot Camp for Students Age 14-18
LOS ANGELES — The Duke Media Foundation and Educating Young Minds (both 501c3 corporations) have jointly announced the first annual Bill Duke Youth and Media Boot Camp will be held for boys and girls ages 14 – 18. Organizers of the partnership are currently accepting applications for a limited enrollment for the free media camp.
Twenty-four students will be selected to participate during two 10-week sessions (12 students each) scheduled to begin in early March upon completion of interviews, according to producer/director Bill Duke and EYM Founder/CEO Ms. Angeles Echols. EYM will host all sessions at its mid-Wilshire Blvd. offices.
Bill Duke's Youth & Media Boot Camp is a specially-designed course to expose and prepare gifted high school students to the multi-disciplines of new and converging media, including film and video production, the business of virtual worlds, video game development, animation, financial literacy and entrepreneurship. A staff of media experts, producers, directors and guest lecturers will be featured during the program.
"We are excited to join forces with Bill Duke, one of the top film & TV directors, producers and mentors to young people in the performing arts industry, who will spearhead an incredible program for these special students," said Ms. Echols.
For more information and applications, please call 213-487-2310.


text:
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Sunday, August 18, 2019
Last Week
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Museo de Arte de Ponce announces exhibition of masterpieces from the Prado Museum
Alonso Cano, La Crucifixión, segundo tercio del siglo. El Museo Nacional del Prado.
Museo de Arte de Ponce
and Banco Santander announced the exhibit El Greco to Goya: Masterpieces from the Prado Museum, a selection of 25 paintings from the collection of the Prado Museum in Madrid, Spain. This prominent exhibit, which includes works by renowned artists such as Francisco de Goya, Diego Velázquez, and Francisco de Zurbarán, will be open to the public at Museo de Arte de Ponce from March 25 to July 9, 2012.
The Prados director for conservation and research, Dr. Gabriele Finaldi, visited Puerto Rico for the announcement, joining María Luisa Ferré Rangel, president of Museo de Arte de Ponce Board of Trustees, Dr. Agustín Arteaga, the museums director and chief operating officer, and Javier Hidalgo Blazquez, chief executive officer and president of Banco Santander de Puerto Rico.
Finaldi, born in London in 1965, is considered one of the worlds leading experts in Spanish and Italian painting, a distinction that has enabled him to organize important international exhibitions and publish insightful studies of painters such as Jusepe de Ribera, Zurbarán, and Velázquez. In 2002, he was named associate director of conservation and research at the Prado Museum, where he spearheads the sweeping reorganization and expansion of the museums permanent collection.
El Greco to Goya was born out of an exchange agreement signed between the two museums in 2008. The goal of the pact is to make the cultures of Spain and Puerto Rico more widely known and appreciated, especially the art works in the collections of the two museums, which are joined by a common goal: to widen knowledge of the human condition through art. María Luisa Ferré Rangel noted that the collaboration between the two museums came at a historic moment, when both institutions were in the process of revitalizing their infrastructure in order to expand their services to the public and better care for and exhibit their artistic treasures. This remarkable juncture led, in 2009, to a very successful exhibit at the Prado of a show titled Sleeping Beauty: Victorian Painting from the Museo de Arte de Ponce, which allowed the Spanish people and the museums visitors to learn about, and recognize, the universal value of our collection. Today it gives us great pleasure to announce the second event stemming from this reciprocal agreement, El Greco to Goya: Masterpieces from the Prado Museum, a truly magnificent exhibit that underscores the historical link between Spain and Puerto Rico.
Sleeping Beauty was curated by Gabriele Finaldi, whose job it was to define the concept of the exhibit, its research and other scientific objectives, and supervise the hanging of the 17 works chosen for the show, as well as oversee the evolution of the exhibit through all its phases, including the publication of its catalogue. Two years later, the Museo de Arte de Ponce reciprocates, bringing to Puerto Rico from the Prado, a careful selection of 21 masterpieces, this time under the curatorship of Cheryl Hartup with the leading advisory of Dr. Agustín Arteaga. These works help to illustrate a vast history of religious paintings, still-lifes, and portraits of Spanish royalty from the 17th to the early 19th century, all done by great masters who worked for the Spanish crown.
Grouped into subject categories, the works reflect a wide spectrum of the culture of the time, opening an interesting path for an analysis of the political and social history of this important period for the Spanish Empire.
El Greco to Goya centers on the artistic traditions of the country and the ideological ideas on which the Spanish School was founded in the 17th century. It includes a considerable period of Spanish history, from the reign of Charles I of Habsburg (the Emperor Charles V) through that of King Ferdinand VII de Bourbon, which means that this exhibit will provide visitors unique contact with many of the great masterworks of Spanish painting, as well as exposure to the artistic achievements and innovations of the great artists of the time. Our interest is in giving the public access to the finest examples of world art. In this case, we have chosen works that are absolutely iconic, works that people tend to seek out when they visit the museums extraordinary galleries in Madrid. It is rare for such an important group of paintings to be removed from the active walls of the Pradoincluding the Velázquez Gallery, where Las Meninas is on permanent displayfor a loan of this sort. We must, therefore, recognize the distinction granted us by the Prado National Museum Foundation, its director Miguel Zugaza, and Gabriele Finaldi, all of whom have helped with and approved this remarkable selection of works, stated Dr. Arteaga.
The exhibit will be complemented by 15 works by the Spanish School that are similar in subject-matter and chronology and that belong, in their majority, to the Museo de Arte de Ponces permanent collection. This group includes paintings by Luis de Morales, Jusepe de Ribera, El Greco and his studio, Bartolomé Esteban Murillo, and Franciso de Goya, among others. It will also include Self-Portrait as a Campesino, a work done in Puerto Rico in 1776 by Spanish painter Luis Paret y Alcázar during his exile in the then-Spanish colony.
The educational program designed by the Museo de Arte de Ponce for this exhibit is especially interesting. It is sponsored by the Banco Santander, with additional support from Goya de Puerto Rico. It is a privilege for our institution to be the principal sponsor of El Greco to Goya, as this represents an extraordinary opportunity to continue to broaden our commitment to higher education on the island. On this occasion, we make it possible to see first-hand an important selection of masterpieces from some of the most renowned artists in the history of Spanish painting, as we sponsor the educational activities that will be an essential part of the exhibit. Today, Santander reiterates its commitment to the defense of art, history, and culture, essential elements in the identity of a country, said Javier Hidalgo Blazquez, president and chief executive officer of Banco Santander Puerto Rico.
As part of the Museo de Arte de Ponces educational program, the museum will offer thematic tours, art workshops, curricular-integration workshops for teachers and art experts, and a series of lectures on the works and the main themes that run through the exhibit. The first of these lectures, The Prado Museum: Looking toward the Future from the Past, was given by Gabriele Finaldi on Tuesday, September 13, in the Plaza Caribe Foundation Gallery in the Museo de Arte de Ponce.
Carlos Unanue, president and general manager of Goya de Puerto Rico, spoke about that companys long history of support of the Museo de Arte de Ponce, a support based on the affinity between the two institutions educational and cultural objectives. Goya de Puerto Rico wishes to maximize the educational potential in El Greco to Goya by providing interpretive activities for the various audiences that will be visiting the exhibit. We hope to help them understand better, go deeper into the history of the works, and have a greater enjoyment of their subject-matter, he said. Goyas sponsorship will make possible podcasts and bilingual (Spanish and English) audioguides to the exhibit, in order to heighten visitors experience during their physical or virtual tour of the works.
When the exhibit opens in March of 2012, a cycle of specialized lectures will be given by the Museo de Ponces assistant curator of European art, Pablo Pérez dOrs, and other invited experts. Among the subjects to be discussed are Kings as Collectors: Universal Legacy; Paradises Lost: Paret and Puerto Rico; Eye, Ear, and Devotion: The Function of Religious Painting in the Spanish Siglo de Oro; and Other Goyas: The Caprichos Series. Pérez dOrs is also coordinating a series of more informal talks and roundtable discussions about the exhibit in general and specific subjects within it, such as religious art, portraiture, and still-lifes. Musical and cultural events are planned, such as evenings with the Spanish guitar, flamenco nights, and tastings of Spanish cuisine, as well as laboratories for adults, young people, and children and curricular-integration workshops for teachers. Chief curator Cheryl Hartup is now at work on the catalogue to accompany the exhibit.
Museo de Arte de Ponce
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No. 92,153
K.S.A. 5-418, which governs appeals under the Kansas Uniform Arbitration Act, K.S.A. 5-401 et seq., does not provide the right to an immediate appeal from an order vacating an arbitration award and directing a rehearing.
Appeal from Johnson District Court; ALLEN R. SLATER, judge. Opinion filed September 2, 2005. Appeal dismissed.
Michael A. Millett, of Law Offices of Michael A. Millett, of Overland Park, for appellant.
Ronald D. Montieth and Theresa Shean Hall, of Harris, McCausland & Schmitt, P.C., of Kansas City, Missouri, for appellee.
Before McANANY, P.J., GREEN, J., and LARSON, S.J.
GREEN, J.: Max Rieke & Brothers, Inc., (Rieke) appeals from the trial court's decision vacating an arbitration award entered in Rieke's favor and ordering a new arbitration hearing. We are unable to address the merits of Rieke's arguments on appeal, however, as this court lacks jurisdiction. K.S.A. 5-418(a)(5) directs that an appeal may be taken from "[a]n order vacating an award without directing a rehearing." (Emphasis added.) There was not a final and appealable order in this case as the trial court ordered a new arbitration hearing. Accordingly, we dismiss Rieke's appeal.
The instant case involves a dispute over payment for services rendered by Van Deurzen after the collapse of a portion of a modular retaining wall designed by Van Deurzen and built by Rieke for a Home Depot store in Shawnee, Kansas.
Van Deurzen had been initially contacted by John F. Lutjen & Associates, the civil engineer for the Home Depot project, to produce design drawings for a modular retaining wall. Van Deurzen's design drawings were made available to installers who would then bid on the modular retaining wall portion of the Home Depot project. Rieke was the low bidder for the construction of the Home Depot project, which included constructing the modular retaining walls.
Rieke entered into a contract with Van Deurzen in which Rieke agreed to pay Van Deurzen $12,200 plus expenses to produce modular retaining wall structural design calculations and construction documents. Article 3 of the contract relating to additional services stated in part: "Additional Services not included in the Scope of Basic Services shall be provided for a[n] additional fee if authorized or confirmed in writing by [Rieke] and they shall be paid for by [Rieke] as provided in this Agreement." Under Article 9 of the contract, the parties agreed that "[c]laims, disputes or other matters in question between [Rieke] and [Van Deurzen] arising out of or relating to this Agreement or breach thereof not exceeding Fifty Thousand Dollars ($50,000.00) shall be subject to and decided by arbitration."
After a portion of the modular retaining wall collapsed, Van Deurzen provided services that included investigating the wall failure and performing additional design services for the wall reconstruction. Van Deurzen claimed that these services were authorized by Rieke. Van Deurzen billed Rieke for these services.
When Rieke refused to pay for the services, Van Deurzen filed a demand for arbitration with the American Arbitration Association under Article 9 of the contract. Rieke then filed an application with the district court to stay arbitration. Rieke argued that it was no longer subject to the terms and conditions of the contract as the contract had terminated when it paid Van Deurzen for the design of the wall. Rieke maintained that the additional work performed by Van Deurzen occurred after the contract had terminated. Moreover, Rieke asserted that it had no agreement with Van Deurzen for the performance of the additional work. Van Deurzen responded to Rieke's application to stay arbitration, contending that Rieke requested the additional services for the investigation of the wall failure, that the contract applied to the additional services, and that the parties were subject to arbitration under the contract.
The trial court conducted a hearing on Rieke's application to stay arbitration where it heard testimony from John Van Deurzen and Leon Rieke, secretary of Rieke. The trial court denied Rieke's application to stay arbitration, finding that the dispute relating to the failure of and the investigation of the wall arose out of the agreement under the contract and that paragraph 9.1 of the contract relating to arbitration controlled. The trial court stated that issues concerning whether the services were proper, whether the services were defective, and whether Van Deurzen's rate was proper would have to be decided in arbitration.
The arbitrator denied Van Deurzen's claim and entered an award in favor of Rieke, finding that there had been no agreement between the parties for Van Deurzen's additional services. Van Deurzen moved to vacate the arbitrator's award, contending that the arbitrator exceeded his powers and entered a decision that was contrary to the trial court's findings and order. The trial court conducted a hearing on Van Deurzen's motion to vacate the arbitration award. At the hearing, the trial court stated that it had previously decided that there was a contract between the parties as to the additional services. The trial court noted that the issues of how much Van Deurzen should be paid for its services and whether Van Deurzen performed services according to the standard of care in the industry were matters for arbitration. Determining that the arbitrator had exceeded his powers and the trial court's orders, the trial court vacated the arbitration award and ordered a new hearing before a new arbitrator.
On appeal, Rieke argues that the trial court erred in finding that the arbitrator exceeded his powers and in granting Van Deurzen's motion to vacate the arbitrator's award. In addition, Rieke argues that under the contract in this case, the arbitrator's award should be final.
Nevertheless, before reaching the merits of Rieke's argument, we must consider Van Deurzen's contention that this court lacks jurisdiction over the appeal. Van Deurzen argues that an order vacating the arbitrator's award and ordering a new arbitration award is not final and appealable under K.S.A. 5-418.
Appellate courts have only such appellate jurisdiction as is provided by law. Jurisdiction to entertain an appeal is conferred by statute pursuant to Article 3, sec. 3 of the Kansas Constitution, and it is the appellate court's duty to dismiss an appeal when the record discloses a lack of jurisdiction. State v. Verge, 272 Kan. 501, 521, 34 P.3d 449 (2001). Whether jurisdiction exists is a question of law over which this court's scope of review is unlimited. State v. James, 276 Kan. 737, 744, 79 P.3d 169 (2003).
Moreover, Van Deurzen's argument requires interpretation of K.S.A. 5-418. Interpretation of a statute is a question of law, and an appellate court's review is unlimited. An appellate court is not bound by the trial court's interpretation of a statute. See Cooper v. Werholtz, 277 Kan. 250, 252, 83 P.3d 1212 (2004).
In interpreting K.S.A. 5-418, we bear in mind the following principle:
"The fundamental rule of statutory construction to which all other rules are subordinate is that the intent of the legislature governs if that intent can be ascertained. The legislature is presumed to have expressed its intent through the language of the statutory scheme it enacted. When a statute is plain and unambiguous, the court must give effect to the intention of the legislature as expressed, rather than determine what the law should or should not be. [Citation omitted.]" Williamson v. City of Hays, 275 Kan. 300, 305, 64 P.3d 364 (2003).
K.S.A. 5-418 governs appeals under the Kansas Uniform Arbitration Act, K.S.A. 5-401 et seq. Van Deurzen cites to Kansas Gas & Electric Co. v. Kansas Power & Light Co., 12 Kan. App. 2d 546, 751 P.2d 146, rev. denied 243 Kan. 779 (1988), where this court recognized that the Uniform Arbitration Act was intended to limit appeals to those final in nature. See also NEA-Topeka v. U.S.D. No. 501, 260 Kan. 838, 842, 925 P.2d 835 (1996) (recognizing that Uniform Arbitration Act follows Kansas general rule of prohibiting piecemeal appeals by requiring final judgment). We recognize that K.S.A. 5-418 was meant to limit appeals in proceedings under the Kansas Uniform Arbitration Act. K.S.A. 5-418 lists only six specific instances in which a party may bring an appeal:
"(a) An appeal may be taken from: (1) An order denying an application to compel arbitration made under K.S.A. 5-402;
(2) An order granting an application to stay arbitration made under subsection (b) of K.S.A. 5-402;
(3) An order confirming or denying confirmation of an award;
(4) An order modifying or correcting an award;
(5) An order vacating an award without directing a rehearing; or
(6) A judgment or decree entered pursuant to the provisions of this act.
"(b) The appeal shall be taken in the manner and to the same extent as from orders or judgments in a civil action." (Emphasis added.)
K.S.A. 5-418(a)(5) states that a party may bring an appeal from "[a]n order vacating an award without directing a rehearing." Under K.S.A. 5-418(a)(5), the clear intent of the legislature was to limit a party's right to appeal an order vacating an arbitration award to situations where the trial court had not ordered a rehearing. In the instant case, the trial court vacated the arbitrator's award and ordered the parties back to arbitration for a rehearing. Because the trial court directed a rehearing in this case, K.S.A. 5-418(a)(5) provides no authority for Rieke's appeal.
Although the trial court stated that if an appeal is filed, this matter would be stayed until the appellate court rendered its decision. Again, the right to appeal is statutory. Here, the trial court's statement furnished no right of appeal to the appellant.
The instant case is analogous to Hodes v. Comprehensive Health Associates, 9 Kan. App. 2d 36, 670 P.2d 76 (1983). There, this court dismissed the appeal because the trial court's denial of a motion to stay arbitration was not a final appealable order under K.S.A. 5-418. In noting that the right to appeal is strictly statutory in nature, this court reviewed K.S.A. 5-418(a)(1) and (2), which set forth the right to immediate appeal from orders on applications made under K.S.A. 5-402. This court determined, however, that K.S.A. 5-418(a)(1) and (2) did not authorize the right to appeal from an order denying an application to stay arbitration made under K.S.A. 5-402(b). In reaching its decision that no immediate appeal was available in that case, this court quoted from the California case of Jardine-Matheson Co., Ltd., v. Pacific O. Co., 100 Cal. App. 572, 575-76, 280 Pac. 697 [1929]), as follows:
"'[T]he fact that the legislature saw fit to specify in one code section the different orders and judgment from which appeals may be taken clearly indicates, in our opinion, an intention to restrict the appeals in such proceeding to the orders and judgment therein specified; and the obvious reason for not including among such appealable orders the one which directs the parties to proceed with the arbitration was that if at the very threshold of the proceeding the defaulting party could appeal and thereby indefinitely delay the matter of arbitration, the object of the law and the purpose of the written agreement of the parties would be entirely defeated.'" 9 Kan. App. 2d at 38.
Similar to the decision in Hodes, we find no statutory authority granting Rieke the right to bring an immediate appeal from the trial court's order vacating the arbitration award and directing a rehearing. K.S.A. 5-418 is specific in setting forth the orders and judgments from which an appeal can be brought. K.S.A. 5-418(a)(5) restricts the right to an immediate appeal from an order vacating an arbitration award to those situations where the trial court has not directed a rehearing. There is no other provision under K.S.A. 5-418 that gives Rieke the right to bring an immediate appeal from the trial court's order. Based on the plain language of K.S.A. 5-418, we determine that the trial court's decision vacating the arbitration award and ordering a rehearing is not a final appealable order. The instant appeal must be dismissed as this court lacks jurisdiction.
Appeal dismissed.


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Tooling Update
The Hits Keep Coming for Fabricators, Thanks to Turret-Punch Tool Coatings
As sheetmetal fabricators today seek get more this from their punch-press tooling, many are turning to specialty coatings designed to increase tool life, get more hits between sharpenings and minimize galling.
Case study I: Spectrum Control Inc., Fairview, PA, a manufacturer of custom electronic components and systems. The firm performs much of its metal fabrication inhouse to shorten lead times and reduce overall material costs. Recently, Spectrum production supervisor Luke Johnson approached tooling manufacturer Wilson Tool, White Bear Lake, MN, in search of to overcome galling of a punch used to produce brass filter plates, from 0.020 to 0.040 in. thick. The operation typically requires the punch to hit 20 times/part. Wilson Tool recommended its Optima custom-engineered TiCN coating, and the results were astonishing.
"Without the coating, we would get 150,000 to 175,000 hits before needing to sharpen the punch," says Johnson. Now, thanks to the coating, we get 600,000 to 750,000 hits."
Case study II: Greenheck Fan Corp., Schofield, WI, a manufacturer of air-movement equipment such as fans, dampers, louvers and kitchen ventilation hoods. For Greenheck, the Optima tool coating helps to prevent wear on high-use specialty punches used for full sheet nibbling. With a surface hardness of Rc 95, Optima proves ideal for high-use punches and specialty punches that have minimal regrind life. Greenheck knew the overlapping hits used to profile parts would be tough on punches and, if left untreated, would require frequent sharpening, resulting in unnecessary downtime.
"We started coating one punch and now we're up to three," says Greenheck senior manufacturing engineer Eric Leszczynski. Greenheck uses Optima on forming tools such as extrusions to help reduce stripping of the material off the insert.
"The coating helps minimize buildup when use forming tools," Leszczynski says. "Without the coating, parts won't consistently strip off the inserts; they jam up and crash."
Case study III: Meyer Aluminum Blanks, Inc., Sheboygan Falls, WI, a manufacturer of round aluminum blanks for lighting, cookware, industrial ventilation and racecar wheels. Meyer has found that by using a turret press to punch out the blanks, it can nest different blank sizes on a single sheet and optimize sheet utilization.
"The turret press gives us the flexibility to produce a variety of blank sizes," says Meyer production manager Kevin Verstegen, "rather than stock all sorts of unique sizes."
Wilson Tool provides custom tooling to Meyer, shaped like a trapezoid with a curve to match the radius of the circle being punched. "The biggest challenge we face with our tooling is galling," says Verstegen, "since we're dealing with aluminum and aluminum galls easily." Here, Wilson Tool recommended its Wear-Beater TiN coating, designed to resist galling, reduce stripping and extend tool life when punching, forming or piercing aluminum.Wilson Tool: 800/328-9646; www.wilsontool.com
See also: Impax Tooling Solutions, A Div. of Wilson Tool International
Related Enterprise Zones: Fabrication, Tool & Die
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I am feeling this is a really appropriate motto today. I can be tired, cold, frazzled, bored, rushed or I can just be happy. It is Friday and I am staring down the barrel of a weekend sure to be filled with snuggles, bubble baths and warm meals so really there is nothing left but to enjoy myself. And of course a warm cup of mocha cures all that ails me.
And in case your weekend plans include an excuse to get dolled up here are some fashion do's from my little fashionista.
Faux fur coat: Check.
Pink Poodle Goodie bret: Check
Hot Pink Lipstick (applied while mom was getting her jacket on): Check.
But the biggest tip my little lady shared with me as she showed me her very excessively applied lipstick (that I CANNOT get entirely off now!) is that those who color outside the lines always have the more fun.
Have a wonderful weekend!


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|Redding, Calif.
|High School:
|Management Science
2012: Played in 28 games in the outfield starting 16 and made eight appearances at pitcher and started four ... second team All-NEWMAC ... finished the year with a 2.08 ERA allowing just seven runs in 30.1 innings pitched ... struck out a total of 26 batters ... had a 3-1 record drove in two runs on three occasions ... went 1-3 with two RBI's against Clark (4/13) ... had two hits in a game against Springfield (4/6) ... pitched five solid innings of relief against Babson (3/24) only giving up two runs striking out five ... earned NEWMAC pitcher of the week for his performances in the weeks of 4/9 and 4/16 ... pitched back to back scoreless seven inning games against Springfield (4/7) and Clark (4/14) striking out three and six respectively.
2011: Split time between pitching and playing in the MIT outfield ... appeared in 17 games as a pitcher with seven starts ... second on the team with 45 strikeouts ... notched the victory against Eastern Nazarene (3/15) with four innings of scoreless ball with four Ks ... did not give up an earned run in six innings against Bowdoin to earn the victory ... fanned eight in seven innings against Coast Guard (4/3) ... allowed just one run on five hits in nine innings at Worcester St. (5/1), striking out seven ... started four games in center... went 2-for-3 with a double and RBI against Hope (3/22) ... double and triple as part of a 3-for-3 day at Springfield (4/9), driving in three.
Off The Diamond at MIT: Majoring in management science with a minor in economics and concentration in finance.
High School: A 2008 graduate of Foothill High School ... two-time all-league selection ... named section's most valuable player ... U.S. Army National Scholar-Athlete of the Year ... AP National Scholar.


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Sticking with our theme for the week we are going to highlight some gifts for the techy in your life. All these have a whimsical essence that bring an element of fun to them.
1. Tunes for 2 headphone spliter 2. Portable Iphone charger 3. Pig Buddy USB hub 4. DVF Vintage Collection Ear Buds 5. Faux Fur earmuff headphones 6. Sweet Talk iphone case Kate Spade 7. Turtle Shell Wireless Boom Box 8. AEO Touchpoint Glove 9. Jonathan Adler Smart Phone Dock 10. Gizmon ICA Iphone case


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Well after a long absence this theatre goer was whisked back into the darkened auditorium for the sugar candy coated extravaganza that is Dreamboats & Petticoats. Based on the apparently million selling album (although neither I nor my friend had heard of it at all – I'd be very interested if anyone has?) this is simply a collection of 1960s classics with a very meagre story of teen love and a bit of rock and roll thrown in to tie it all together.
All the greats are here from the strangely addictive Let's Twist Again to the pulsating rhythms of Shakin' All Over and the dulcet longings of To Know Him Is To Love Him. All in all there are a dizzying 43 musical numbers in a piece which could only be described as the musical equivalent of a coat hanger; let those 60s tunes hang off there boys, and heaven forbid we should have any actual substance.
The tunes are jolly enough, as are the twirling petticoats and hunky dreamboats but after seeing Adam Curtis and Felix Barrett's darker side of this sixties dream I felt it all a bit difficult to take – a cute nostalgic look at a time before globalization and commercialism were gods, whored about (ok maybe that's a bit much, performed then) in the temple of one such commercial god? All a bit fishy really.
But I can't moan about this fully because to gar my grew it was actually enjoyable (well until they got mopey at the end and started banging on about love where my 'grew' definitely prevailed). Like Thriller, it is hard not to be blasted away by the unstoppable force of pop music when it's as good as these songs inevitably are. The performances are also much better than expected with Daisy Wood-Davis's caramel voice bringing just the right sweetness to innocent Laura and Ben Freeman well and truly shaking off his Emmerdale past in a bone hip breaking performance as the cocky Norman that would make a young Elvis proud. Laurence Marks and Maurice Gran (with their eons of experience in such nostalgic BBC comedy gold) have produced a book which, although at times incredibly cheesy, is funny and sharp and actually makes you want more talking and less singing which can be no bad thing.
I anticipate that this is going to do very, very well. Even this cynic couldn't stop smiling at points, the effervescent energy of pure pop shining through – oh and I saw Cilla Black, so it can't all be bad can it?


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These Faithfull professional, high quality Combination Spanners are forged from chrome vanadium steel, which is hardened, tempered and satin chrome plated for corrosion protection. Manufactured to DIN 3113 standards.
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Queen Charlotte Track Information and Bookings
All inclusive guided and independent packages of the Queen Charlotte Track. Let us organise it all for you.
Heralded as one of New Zealand's premier walking trails the Queen Charlotte Track Walkway is becoming instantly recognised as one of New Zealand's most scenic and relaxing coastal walks.
From fern fringed bays and lush green forest to stunning skyline vistas its easy to see why.
Top this with comfortable accommodation in small, boutique luxury lodges along with fine dining restaurants and you have all the requirements for a gourmet walking holiday in style.
Walked over four or five days, the Queen Charlotte Track (71 km, 40 miles) is well maintained with the majority of the streams bridged and has a variety of gradients and surfaces with a wide, compact base.
A reasonable level of fitness is required to walk the track, although there are options available if you wish to travel by water taxi from each lodge on any given day of the walk.
You only need to carry a light day bag containing your camera, lunch and water bottle as your overnight luggage is transferred by water taxi each day.
The accommodation that we use on the track is of a very high standard and all have en suite rooms with sea views and private balconies.
Evening meals - three course's, continental breakfasts and wholesome packed lunches are included. An excellent selection of local wine and beer can be purchased from the lodges.
Natural Encounters Walks makes planning your trip easy with our all inclusive packages. Visit our website today for more information.
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Natural Encounters Walks Queen Charlotte Track
For those that like a little luxury on a walking holiday the Queen Charlotte Track is ideal. All inclusive guided walks makes this track one of the best options in New Zealand.


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Alright, so we've come full circle. Go and clean off that massive two-hander of all the blood that's been collecting from all those arenas and battlegrounds that you've been frequenting this past week, I'll wait.
All nice and shiny?
Good. Go and store that back into your bank. You'll want it to be nice and clean the next time you feel the urge to take a vacation.
Here's the thing though. You can't just come off of a blood crazed high like that and expect to jump right back into tanking as if nothing happened. Every addict knows that you don't just dive cold turkey into what's been eating you in the first place. So instead, we're going to have to slide back into the raid tanking role slowly by exploring the hybrid, the Protection PvP.
Protection PvP is a completely different animal from protection in PvE and arms in PvP. There's much less emphasis on burst damage and a huge amount more placed on control.
For starters, when it comes to gearing, you basically have two options. You can slap on your full PvE tanking gear and rely on the defense to protect you from melee and the massive HP pool to protect you from the caster burst. The second option is to mix together your PvP gear and your PvE tanking gear for a mishmash of resilience and more damage. You'd have lower HP in the second set but it'd be balanced by the fact that you had more resilience to help mitigate the damage.
However you choose to gear up, once you're ready to hit the arenas and BGs, there's a load of fun to be had. You have to remember that the protection warrior is THE most mobile class in the game on the battlefield. Now bring that to the table when it comes to manoeuvring around a very quickly changing battlefield and you'll soon see why prot warriors are so annoying in a PvP setting. With the built in survivability of being a tanking spec and geared that way as well, the incredible mobility as well as the utility of their various protection talents and spells, the protection warrior is, if not a sight to be feared, at least it'll be something that provokes a wicked amount of annoyance.
The pillar that the protection warrior stands on in PvP is the ridiculous amount of control that he brings to the table. Between multiple stuns, silences and defensive options for saving oneself as well as your teammate, you can be an invaluable member of the team provided that there's someone around to heal and someone around to blow people up.
You don't bring too much damage to the table and with your easy access to Devastate, you're much better off bringing along a physical DPS as a partner along with a healer if you go that route.
The healer heals, the DPS kills and you provide all of the timed control necessary to make it happen. Coordinate with your partners. Save your control for when your DPS has their cooldowns up ready to use. Use them to save your teammates when the enemy team blows their own trying to finish your team off.
You have the amazing ability to almost completely shut down the enemy team or to save your own with nothing but the abilities sitting in your spellbook so get out there and use them!


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By now you will likely have read Andy Dunn's scathing post about Venture Capitalists in which he decries the industry's masses.
I read Andy's post with a knowing smile on my face. After all, I am no stranger to publicly expressing the frustrations of dealing with the downside of this industry as I wrote about in 2006 when I was an entrepreneur.
But VC is like Congress. It's easy to hate it en masse, yet many people love their local congressman.
Because they know him or her. They see how hard she does her job. They know her personally and know she cares about her constituencies even if she has to make tough trade-offs from time-to-time.
In the original version of his post, Andy writes:
"This essay is dedicated to the great VC's on my board who I am lucky to work with: Sameer Gandhi from Accel, Jeremy Liew from Lightspeed, and Kirsten Green from Forerunner."
I rest my case. "Hate the industry, Love my local guy."
But many of the assertions in his post -- while populist -- aren't exactly how things are in reality. So I thought I'd have my hand at a friendly counter point.
After all, I understand Andy's frustrations with the industry.
And yours as well. I have felt them myself.
I wrote Andy first to be sure he wouldn't be offended if I did. Luckily, Andy is good natured:
So let's look at the main assertions.
1. The industry is dying, except for the top two percent.
"I don't know the exact math, but I hear it again and again: the top two percent of firms generate 98 percent of the returns in venture capital."
Unfortunately, the first part of that statement is true. The second is not.
The top two percent do not drive 98 percent of the returns.
I have seen many slices of the data. The quickest I could find was from PitchBook. As you can see from the chart their data suggests there are about $25 billion of VC distributions per year in the US.
According to FLAG Capital there are 100 active VCs (as defined by making at least $1 million in VC per quarter for four consecutive quarters).
Their data looks at tech VCs. So for argument's sake let's triple the number of active VCs and call it 300.
That would mean six firms drive $24.5 billion in returns.
Not even close to the case.
Most top tier VCs return about three times invested capital and outlier funds (the best of a vintage) might return six to eight times. It's true this was much bigger in the dot com era but I've studied the data and know that over the past decade these numbers are right.
So if you take six very strong performing firms of $250 million and assume they do five times each that is $1.25 billion each, $7.5 billion in total or 30 percent of the industry returns.
But Mark, many of the great firms are $500 million and up! If you double your number that would mean 60 percent of industry returns. Not too shabby!
Yeah, true. But the larger funds usually have lower returns because they are often investing bigger dollars at later stages with less risk and therefore lower returns.
As you can see in this Cambridge Associates data, early-stage investing beat later stage investing in returns in 70 percent of the past 30 years.
It is true that every few years a fund exits that delivers smashing results because it has Facebook, Google or Twitter in it. But as an LP you can't count on that any more than VCs can. You invest across many funds just as VCs invest across many companies.
The better way to think about VC returns is, do the firms consistently beat alternative asset clases on an IRR basis to adjust for the increased risk and lack of liquidity?
Here the data is not always kind to VCs.
But the top 25% do consistently beat the alternatives. The problem is the illiquidity because investors are often locked in for 7 to 10 years. The goal of an LP is to get into the top decile. But picking today's top 10 does not pick the next year's 10.
Take for example Accel. When it went to raise its fund 10 years ago the rumor was that many LPs were disappointed with recent returns and did not re-up. Yet their next fund had Facebook in it. Doh.
And I believe that Accel has consistently shown its ability to be in the top decile in the last decade.
But the funds that every LP wishes they were in -- USV & First Round Capital -- not to mention Foundry Group, Spark Capital, Floodgate, IA Ventures, Founder Collective, K9, Felicis Ventures, True Ventures, PivotNorth, SoftTech and many others either that didn't exist 10 years ago or were just sprouting. Neither did Andreessen Horowitz.
So the reality is that yesterday's winners are no guarantee of tomorrow's success and today's emerging managers might just be tomorrow's best investors.
The industry isn't dying. It is changing. And reinventing itself. And some firms will go under. And others will emerge. That's normal. It's a market, after all.
In 2000 our industry had more than $100 billion in LP money. By 2009 had reduced to around $15 billion in capital from LPs. In 2013 it is expected to be around $35 billion.
Not. Dying.
Compare the state of play in 2013 versus 15 years ago. 33% of the world is on the Internet on average of 3.1 hours a day. There are 138 million smart phones in the US alone and … wait … 99 million tablets. Insane.
2008 App ecosystem on iOS = $0. 2013 = $25 billion of which Apples share is more than $8 billion at > 90% gross margin. Credit cards = less friction = more purchases = cha ching.
2. The best VCs don't try to help entrepreneurs
I'll admit that I do know one VC firm whose strategy is not to call their entrepreneurs and not to be involved in operations. But I seriously only know one. They believe that stock picking is the most important function they can play. They are also less than 10 years old.
But the people whom I consider best in this industry are quite helpful indeed.
Let's look at some great companies.
Facebook. Is it right that VCs had no involvement in persuading Sheryl Sandberg to join the fledgling company? Not according to my sources.
Google. If you read Ken Auletta's piece, it makes it clear there was active VCs involvement in the early days. It led to hiring Eric Schmidt. And Coach Campbell. And to finally admitting that ads weren't evil so that Google could copy the model of the fast growing Overture.
Twitter. There have been a lot of management shuffles at Twitter. But in my mind, there is no doubt that placing Dick Costolo at Twitter was the most positive thing Twitter has done to become a long-term success. Hard to imagine that Dick joined "organically" or that his becoming CEO also was organic. My guess is both had heavy VC involvement.
Amazon. I've heard directly from top executives that Jeff Bezos (in my opinion, the most talented person in the tech industry) has received his fair share of VC coaching in the early years.
Tumblr. Nothing was more heart warming than the photo of David Karp hugging Bijan Sabet after the sale to Yahoo! And hard for me to imagine that Bijan and Fred Wilson and Albert Wenger weren't instrumental mentors to David.
After all, many people love their VCs, but hate the industry.
According to Andy:
Dear Dumb VC, it's so painful to sit in meetings with you and hear your vision for what the company should do and what's going to happen in the industry.
Just so you know, Dumb VC, the top two percent never do this.
They're too busy using their superb judgment getting into great deals and bowing out graciously from the ones they don't want to back.
Not in my experience, Andy.
The best VCs I know take 11 p.m. conference calls. Meet with their teams on weekends. Broker critical introductions since entrepreneurs are often younger ane newer to industry whereas the best VCs often have great contacts across decades and many deals.
In my mind, the best VCs actually deliver outsized returns by "leaning on the scale" not by "deal sourcing."
I had dinner last week with somebody you would consider one of the best known names in our industry. I asked him what he's learned as a VC. He said,
"I prefer to do Enterprise A rounds and Consumer B rounds.
On the enterprise side, I know every buyer of technology in this industry. So I can make a huge difference in the company's trajectory. And I'll know in 18 months whether we have product / market fit. But we can have a huge impact on that.
With consumer deals you can't manufacture consumption. So I prefer to watch what works first and pay a higher price to get in when it's proven."
This rang true with me. Great VCs create the fabric of their success by backing the best entrepreneurs they have access to and then helping them to lean on the scales.
This happens at acquisition time, too. The best VCs know the buyers and can help guide and manage the process.
3. VCs spend too much time deciding.
Yes. This one is probably true. And for a good reason. Even though I know this sucks when you're an entrepreneur and just want the money deposited tomorrow so you can get back to running your businesses.
Many entrepreneurs come by with great pitches and say, "I'm hoping to have term sheets in the next 30 days."
If this happens to you as a VC -- you're too late to the deal. Shame on you. Get to the entrepreneurs earlier next time.
If you don't really know the entrepreneur through many meetings, debates and encounters -- it's really a crap shoot the fund them.
Per Andy,
"I should be building the company, you should be deciding quickly whether to invest or not."
If anything a "Dumb VC" would decide quickly without knowing the entrepreneur. In my opinion Dumb VCs are too worried about being in "hot" deals so they chase the hottest new trend, the fanciest, best known entrepreneur or the party round that has so many other great names attached to it that they feel they can't miss this one.
The unfortunate reality is the most partners at VCs firms see hundres of deals every year and invest in one to two of them. After six to seven years they therefore have 7 to 10 board seats, which is about all most VCs can effectively manage.
A priori many deals look attractive.
Post hoc it's obvious who the winners were.
Ask any VC who's been in the industry 10 to 20 years and they'll tell you that often those that looked the best when they wrote the check didn't turn out to be the best. And vice versa.
So caveat emptor to those that feel rushed into deals.
Some of the most bizarre sounding deals end up being huge winners. Some of the most obvious companies and talented entrepreneurs end up not working or burning through too much capital.
VCs are wise to go slowly.
Even though that may not be what entrepreneurs want.
4. VCs shouldn't call their entrepreneurs once they invest.
"Dear Dumb VC, now that you've invested, leave me alone! Did you know that the two percent never call their entrepreneurs?"
I'll just leave it to entrepreneurs to decide on their own on this one.
I call often. So I must be dumb, I guess.
My view … it is my job to be a sparring partner. I want to challenge the founders view.
Because being an entrepreneur is a lonely job. You have to make tough decisions with few inputs and little history from which to base your decisions. CEOs can rarely express their uncertainty and doubt to others.
So the VC's job is to challenge. Cajole. Debate. Offer contrasting views. Play Devil's Advocate.
And then step back.
And let the entrepreneur decide the course of action. Even if it is different than what you would have decided.
I seriously know exactly one VC whose policy is not to call their entrepreneurs. One.
5. VCs often don't use the products of the companies in which they invest.
Agree whole heartedly. I never understood investing in companies in which you didn't really understand their products.
I blog. I create videos. I use analytics. I use social media. I IM and DM and SMS. I Instagram, Cinemagram and Path. I Quora. I Trello and Salesforce and DropBox and 500px.
I try to live a "day in the life of" the users.
It's hard for me to imagine investing in companies in which you don't use and understand the products and markets.
6. VCs should never be late.
Hard to argue with this. Nobody should really ever be late to meetings because it's disrespectful of other people's times.
But I'd be lying if I didn't say I wasn't habitually late. But I have been since I was a kid. No excuse, but it turns out to be one of the most common traits of people with ADD as I found out when I read Delivered from Distraction.
I wish I were better. I struggle. I try to make it up with humor, kindness, apologies and by giving more time at the end of the meeting.
Many VCs are in fact late. Many entrepreneurs are, too. So are corporate executives.
I have found that being on time versus being late is a personality trait more than a power play.
What I hate more than anything is when people are late and then cut meetings off early. If an entrepreneur was told they have 45 minutes, they should get 45 minutes.
In a perfect world everybody would be on time. In reality, that is seldom the case.
The best entrepreneurs don't get too worked up about this. They understand that it just is. It's hard for me to imagine that an entrepreneur who was waiting to see the CEO of their largest potential customer would leave if that customer were 20 minutes late. You might be bummed, but you'd bite your lip.
So what I'm really hearing is, "VCs piss me off. So when they're late the piss me off even more."
Fair enough.
I pitch a lot of LPs. I have to raise money, too. Many are late. Many don't return my emails on time. Many don't commit when I want them to.
I have walked a mile in their shoes so I'm a lot more tolerant about it these days than I used to be.
7. You suck if you don't have 2 plus $1 billion exits.
Ergo I suck.
I work with partners who have seen 15 such exits. My partner Yves will have three in our last fund alone and possibly four.
But I became a VC in 2007 and wrote my first check in 2009 -- 4.5 years ago.
So $1 billion exit is unrealistic for me.
And as John Doerr has noted, "your lemons ripen early" so I like to say that if I had a ton of exits it would be because I haven't done my job as well as I would have liked.
Most great companies start to really shine in years 7 to 10.
I believe I have some great investments. And some that are proving more challenging. And if you call any founder I've backed -- good and bad -- they'll tell you I don't quit easily. I'm on their side good times and bad.
I am seeing some companies like Maker Studios and DataSift where the growth has been faster and more impressive than any companies I ran. And while all companies have challenges -- I am inspired by their progress to date.
In Summary
I was an entrepreneur previously. I know the frustrations.
I am now a VC. Not yet for as long as I was an entrepreneur.
I spend significant amounts of time with VCs now that I have gone to the Dark Side. I have more empathy than I once did.
I see the hours and hard work put in by my peers. I see how much time they spend on the road away from their families. I see them on conf calls at any hour -- even from vacation.
It's hard being an entrepreneur and making money.
It's hard being a VC and making money.
In reality neither side is evil.
It always reminds me of my time as a CEO. Everybody always thinks they can do your job because they're doing the hard work while you get to fly off to conference, speak with the press, go to fancy board meetings and dinners. They think it's easy -- until they have to do it.
VC is a bit like that, too.
From one of you. Now on the other side of the table.
BTW, I think a more humorous attack our industry's behavior was done by this hilarious video done by my friend Dorrian on YouTube recently:
This post originally appeared on Both Sides of the Table.


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The 10 candidates for the Brunswick County Board of Education discussed issues ranging from policies to performance during Thursday night's candidate forum.
Candidates from Districts 1, 2 and 4 gathered to introduce themselves, explain their reasons for seeking candidacy, and participate in a question and answer session.
Running for District 1 are: Ray Gilbert, incumbent, Republican; Tracey Danka, Republican; Bud Thorsen, Republican; John Jones, Democrat; and Inger Marlowe, Democrat.
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March 13, 2005
DELRAY BEACH, FL (March 13, 2005) - The Sacred Heart men's lacrosse team scored six-straight goals to open the third quarter and withstood a fourth quarter Manhattan College rally to come away with a 13-12 win on Sunday afternoon, their final day in Florida. The Pioneers finish 3-0 on the trip while the Jasper fall to 1-3 overall with the loss.
Manhattan struck first Sunday when Sean Crowley took a feed from Eugene Tanner and scored at the 12:32 mark. The Pioneers wasted little time in answering when senior Blake Reardon (St. Michael, MN) won the draw and sophomore Casey Kirch (Newtown, CT) scooped up the ground ball and scored on the break away 10 second later.
After another Jasper goal, SHU tacked on three in the closing minutes. A score by Kevin Kimball (Framingham, MA), Peter Greco (Hamburg, NY) and Tony Tanzi (Mahopac, NY) gave the Pioneers a 4-2 lead after one.
SHU extended the lead to 5-2 just 16 second into the second quarter on an unassisted score by junior Kiel Adams (Rome, NY). Manhattan stormed back with four-straight goals, two by sophomore Brian Murray, to take the lead, 6-5, with 9:06 to go in the half.
The Pioneers tied it up less than a minute later on the man-up offense when freshman Billy Fuchs (Merrick, NY) buried a feed from Adams. SHU jumped in the lead with 1:42 to go when junior Matthew Robideau (Massena, NY) scored unassisted giving the Pioneers a 7-6 lead at the half.
Sacred Heart stormed out of the break, rolling up six-straight goals in the third quarter to take a commanding 13-6 lead with 7:40 to play. Senior Christian Lynch (Northport, NY) and Greco each scored twice while Tanzi added his second and senior Dana White (Gorham, ME) scored unassisted on the run.
The Jaspers stopped the bleeding with a marker by sophomore Chris Oppito and another by Crowley to close the quarter down 13-8. Manhattan kept the pressure on and turned what looked to be a runaway win for Sacred Heart into a nail biter.
Murray got it started with his third of the afternoon followed by a score by freshman Jonathan Chambers. Junior Greg Lewis put Manhattan down 13-11 with a score at 7:29 and Chambers struck again at 3:17 to slice the lead to one, 13-12. Manhattan had a chance, taking the face-off, but turned the ball over on what was their last offensive possession. The Pioneers successfully cleared the ball and then killed off close to three minutes to earn the win.
Reardon and freshman Joe Cavagnaro (Kinnelon, NJ) gave the Pioneers a big advantage on the face-off, winning 19-of-28. Reardon was 14-of-21 and Cavagnaro was five-of-eight. Greco led SHU with three goals while Tanzi scored twice with an assist and Lynch scored twice. Senior Thomas Hind (Farmingdale, NY) made six saves in goal for the Pioneers.
For Manhattan, Tanner scored once and passed out a game-best four assists. Murray scored three times with an assist while Crowley and Lewis each found the back of the net twice. Sophomore Justin Henry made 11 saves in the cage for the Jaspers.
The Pioneers return to action next Saturday, March 19th when they travel to Dartmouth College for a 3:00 pm start.


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Imagine being separated from an elderly family member or loved one in need of help or services who lives alone in South Carolina.
If you're like many families across our state, you may find that younger generations have moved away from their older relatives to further their education, get married and start a family, find a job in another state, or serve in the military. Where are they to look for resources if their older relatives need help finding various services available in their communities?
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The Marc de Montalembert grant - 7000 Euros - helps young people from countries bordering the Mediterranean sea, and below 30 years of age, to implement projects dedicated to the knowledge of the cultures of his Region.
Since 1995 nineteen projects have been implemented by winners of the grant from 7 Mediterranean countries.
Application to the 2010 grant are to be submitted by 31 December 2009.


text: For those of you still learning The GIMP, a link came down the RSS feeds this morning for this site. It might help out some of you since most of the guides on the Internet are for Photoshop. Anyhow, from a quick look over the guides do seem to be pretty thorough and accurate.


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This portal provides users with open information about Austin City Council, including Council filings, campaign finance filings and more. Visitors can also easily access information about open meetings and public information requests.
Austin Finance Online
Austin Finance Online is an award winning tool that allows you to access city financial and purchasing data online.
Open Data Portal
The Austin Open Data Portal is designed to provide high value city data to users interested in finding out more about their city, researching specific topics or using data to develop software applications. The data found here is designed to be accessible, usable and customizable based on your needs.
Austin GO
AustinGO's mission is to create an innovative platform for open government. Check here for news and updates regarding the City's web, data and online communications initiatives.


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The concept of Beat Hazard is very simple. You play as a little ship that floats around the screen spewing forth several different types of bright, flashy laser blasts as fleets of ships of varying sizes try to bring you down. Oh, and the real kicker is that both pieces of the background and every laser blast on-screen pulses to the beat of one of the pack-in songs or any track from your iTunes library.
If you've played Asteroids or Geometry Wars then the gameplay mechanics of Beat Hazard will be very easy to master. You have a blaster, you have a bomb and you have a ship that will need to avoid all sorts of floating debris. You can control all of this frenetic action with either an Xbox 360 gamepad or your mouse and keyboard, though in my experience I found the dual analog sticks to be the easiest way to maneuver and shoot simultaneous (though I am a console gamer, so PC players might prefer the mouse and keyboard).
Obviously the biggest draw of the game is the fact that you can use any track in your iTunes library and the psychedelic visuals will respond accordingly with background graphics that do a reasonably good job of conveying the feel of the song. Thankfully there are different grades of intensity and overall difficulty so if things get too crazy, you can adjust things appropriately.
The mechanics that drive the game are just a bit deeper than you'd think when you boot up the game. See, when you first start a level (the length of which is tied directly to the length of your selected song) you won't be able to hear your song. Don't worry, you don't need to mess with your volume. Instead, you'll need to collect volume power-ups that will build the volume meter at the bottom of the screen. The game's design is betting on the fact that players are going to collect these volume power ups, because as you collect them, you'll be bombarded with more and more enemies. Oh, and they get bigger and tougher, too. Thankfully there are weapon power-ups and superbomb pickups to help you along your way.
Closing Comments
Beat Hazard is a short and sweet ten-dollar investment that is given solid longevity as long as you like the tunes in your music library. There's a two-player co-op and adversarial mode to go along with online leaderboards, all of which add some nice life to your purchase, but I'll admit that after a few hours, the concept got a little stale for me (a notion that wasn't aided by me playing with an IGN podcast as my music track). That's not to say that Beat Hazard doesn't have enough frenetic, mind-blowing visuals to keep you happy, but I just wouldn't expect a lot of wholly original design decisions out of this download.


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Goodguys' 15th Lone Star Nats
The job of being a magazine editor is by no means everything it's cracked up to be…at least according to the average "outsider's" perspective. While indeed there are perks associated with the job, unless you're running a rag such as GQ or Time with practically unlimited budgets, managing a small niche publication, such as this, is severely lacking in the glitz and glamour-but we do get to travel, whether we like it or not. Oftentimes, our out-of-town stays are limited to nothing more than an extended weekend, most of which is spent pounding pavement, clicking shutter buttons, and sweating profusely. Sounds fun, doesn't it?
While it's all in a day's work, some traveling takes us to destinations we end up looking forward to more and more each and every year, like Fort Worth, Texas, for example. And thanks to the Goodguys Rod & Custom Association, we've been marking our October pages of the calendar for many years now-and it doesn't look like we'll be making alternative arrangements any time soon, either.
This past October, the Lone Star Nationals held its 15th anniversary at the huge Texas Motor Speedway. Just off Interstate 35W on the outskirts of Fort Worth, the racetrack is an ideal location for a car show of this magnitude-ample space for spectators, participants, and vendors alike, the roar of actual NASCAR Cup cars (albeit retired) filling the air throughout the day, and even an infield autocross that registered vehicle owners can partake in. Even after a summer filled with more events that we care to reflect on, this is one highly anticipated show for us, as it's about as well-rounded as they come.
The Lone Star Nats was also the fifth stop on Classic Trucks' Finest Five trail for 2007. It was also another difficult venue to judge, what with such an abundance of trucks to choose from. Looks like we'll be continuing with the same program for 2008, but there may be a few added bonuses thrown in-so stay tuned for more on that as we finalize our schedule for the upcoming season. As for Goodguys' Truck of the year, of which Fort Worth was again one of the finalist stops, that will remain to be split between Early (pre-'53) and Late ('55-72), with finalist stops at six of their National events. Please visit www.good-guys.com for further updates-for now, enjoy the show…the 15th Annual Lone Star Nats show, that is.


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[Trailers] Updated!
PS3 [Mega Man & Pac-Man] Now Available For Free!
PS3/Xbox 360 versions Out Now!
Welcome to a new era of combat!
The greatest war in the history of fighting games is about to commence!
Welcome to Street Fighter X Tekken, where Street Fighter and Tekken series' stalwarts Ryu, Chun-Li, Kazuya Mishima and Nina Williams headline a memorable cast of your favorite fighters in a tag battle dream match for the ages!
Street Fighter X Tekken (SFXT) is a 2 vs. 2 tag team-based fighting game where players can freely tag in and out between partners. The game promises to marry the styles of both a 2D and 3D fighting game for a fresh take on the genre!
Fans from each series will also be able to play with either Street Fighter's traditional 6 button layout or Tekken's 4 button layout!
Players who are new to either series will be able to join in on the fun with an easy-to-understand battle system that promises excitement and countless hours of fun.
■Platforms: PlayStation®3 / Xbox 360® / PlayStation®Vita
■Genre: Fighting
■Release date: [PS3/Xbox 360] March 8th, 2012 / [PS Vita] Fall 2012
■MSRP: [PS3/Xbox 360] 6,990yen (tax incl) / [PS Vita] TBA
■Players: 1-4
■CERO Rating: B (Must be over 12 years of age)


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This isn't an outfit from today, or even from anytime in the past few days. According to my camera, it's from April 11th--the day that I went for a walk and for 3 bug bites in ten minutes, when it suddenly hit eighty degrees without warning. In the interest of trying to post more regularly, and since I hadn't shared this then, here it is now! It's been a summery-kind of warm here, out of nowhere, and some people are actually complaining that it's too warm!
This is a dress that I saw, and even though I knew I wouldn't be wearing it for ages, I bought it on-the-spot. Dotted swiss! Puffy sleeves! Weird little linen details! I had been thinking of it as my Snow White dress, although I don't know why, until I realized it was exactly the sort of thing that really reminded me of the movie in yesterday's post.
But I'm pleased. I'm reliving summer memories from back in the day and relishing the familiar feelings of summer that I don't really know how to articulate. There's something about how the way the windows are open, the way the room is really messy, the way sunscreen smells that all combines to something really specific but also general.
These flowers have long-since died, but that's alright, because there are finally some outside anyway.
I'm really excited for night-time in summer. I think it might just be that I'm nostalgically remembering summers in high school as being a certain way, but I always get excited for it.
Outfit details:
Dress: J. Crew
Headband: J. Crew circa 2009
Shoes: J. Crew
(Oh jeez, I didn't mean for that to happen! Entire outfits from one place, oh dear)
Flowers: Ranunculus


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The Graduate School at Wright State is about the future. The future of science. The future of technology. The future of business. We are entrepreneurial problem solvers with a legacy of innovative solutions—a legacy borne out by our namesakes Orville and Wilbur Wright, who always believed that man could fly.
The education you will receive here will not only prepare you for the future, but give you the opportunity to help shape it. Whether it's in the laboratory or on the job, our graduates possess the inquisitive minds and professional skills needed in order to define next.
Campus Student Services
In addition to the Graduate School, several administrative departments will play a major role in you advancement through your academic program. The links listed below will direct you to the vast majority of non-academic areas with which you will interact on a regular basis. However, if you have difficulty identifying which department or area you need to contact regarding your particular situation, feel free to contact the Graduate School.
Graduate School Student Services
The Graduate School is a customer-oriented center for all persons interested in graduate study at Wright State University, as well as for current graduate students. As you continue your academic career with us, we hope the links provided on this page will lead you to information that will assist you.
In addition, we hope that you will continue to keep close contact with your academic advisor, program director and the Graduate School in order to ensure that your educational journey goes smoothly.


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The Omega Nebula, M17
About this image
The Omega Nebula, Messier object 17 (M17), NGC 6618, in the constellation Sagittarius, as seen by the Kitt Peak 4-meter Mayall telescope in 1973. This bright nebula, criss-crossed by clouds and lanes of opaque dust and gas, is also known as the Swan Nebula and the Horseshoe Nebula. M17 is estimated to contain over 800 times as much material as the Sun within its 17 light-year diameter. At a distance of 5700 light-years, M17 is also a source of radio noise. North is at the top. We also have an interesting infrared image, a newer 0.9-meter optical image, and a deeper Schmidt image.
More: nebulae page, emission nebulae page, messier page.
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1 September 2012 at 10.36am | Comment on this article
When I sat down with June Givanni and David Lawson to plan the cinema screenings for Deloitte Ignite Africa Weekend, there was one film above all that informed our discussions. However, we did not feel the need to include it in our programme. Some films are so powerful that their influence can be felt throughout cinema history.
Here's a little known fact: since 1895, when cinema's founding fathers Auguste and Louis Lumière sent a cameraman to north Africa to film 'actualités' on their newly patented cinématographe, Africa has always known film. 1895 was also the founding moment of cinema – the year in which the first images were recorded with remarkable new techniques – so it's fair to say that Africa has always been part of the history of film.
Watch footage of the River Nile in Egypt, filmed by the Lumière brothers in 1895:
However, histories are always laced with irony. And one of the ironic reasons why Africa's early involvement in cinema is not widely known is that it has been overshadowed by another influential cinematic event: a 'year zero' when the continent unquestionably became part of the cinematic family.
1963 is the year in question. In this year, a 40-year-old trade-union-activist-turned-novelist wrote, directed and narrated a film that for many is the most significant 'beginning' of African cinema. Such were the tremors set off by this film that whenever someone now refers to 'African cinema', they are almost always, knowingly or otherwise, invoking what this film set out to achieve.
The director's name was Ousmane Sembène (he died, alas, in 2007) and Borom Sarret (The Wagoner) is the film. Only 20-minutes long and by today's standard a sketch, Borom Sarret tells the riveting yet harrowing story of a poor cart driver struggling to make ends meet in the Senegalese capital, Dakar.
Watch a clip from Borom Sarret:
Even by African standards, Ousmane Sembène arrived relatively late on the film scene. Egyptian director Youssef Chahine, for instance, directed his first feature film Daddy Amin in 1950. And affecting though Borom Sarret is, it was certainly not the first African film to gain international recognition. As early as 1949, another Egyptian director Salah Abu Seif had his film The Adventures of Antar and Abla nominated for the Grand Prize in the Cannes Film Festival of that year.
Nor can Borom Sarret claim to be noteworthy because of its technical innovation. If a prize existed for such an honour, Sarie Marais (1931) would win hands down. Directed by Joseph Albrecht, this 10-minute short set in a British POW camp for Boer prisoners was Africa's first talking picture. Borom Sarret wasn't even the first Senegalese film. Even that singular privilege belongs to another remarkable director and his first outing: Paulin Vieyra's L'Afrique sur Seine (Africa on the Seine), produced in 1955.
Borom Sarret has something unique though. The film had a reach and an ambition that, to this day, remain the defining ethic of African cinema in all its multiplicity. Borom Sarret achieved this by simply saying that things that are understood to be 'natural' (poverty) are in fact 'historical' (a post-colonial reality). And it did so by bringing a forensic eye and an unflinching and unvarnished gaze to the continent's unfolding dramas and realities.
So whenever you hear an African director say that they want a film to 'capture African reality', or 'document African society', or that they prefer to make films about 'dramas' rather than 'conditions', you know you are in the presence of that short film made back in 1963.
All of the films included in Africa in the Piazza are, in spirit, the children of Borom Sarret.
John Akomfrah is a founding member of the Black Audio Film Collective. He is co-curator of Africa in the Piazza, a two-day series of open-air screenings in the heart of Covent Garden.