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Excursus on the Public Discipline or Exomologesis of the Early Church.
(Taken chiefly from Morinus, De Disciplina in Administratione Sacramenti Pœnitentiæ; Bingham, Antiquities; and Hammond, The Definitions of Faith, etc. Note to Canon XI. of Nice.)
"In the Primitive Church there was a godly discipline, that at the beginning of Lent, such persons as stood convicted of notorious sin were put to open penance, and punished in this world that their souls might be saved in the day of the Lord; and that others, admonished by their example, might be the more afraid to offend."
The foregoing words from the Commination Service of the Church of England may serve well to introduce this subject. In the history of the public administration of discipline in the Church, there are three periods sufficiently distinctly marked. The first of these ends at the rise of Novatianism in the middle of the second century; the second stretches down to about the eighth century; and the third period shews its gradual decline to its practical abandonment in the eleventh century. The period with which we are concerned is the second, when it was in full force.
In the first period it would seem that public penance was required only of those convicted of what then were called by pre-eminence "mortal sins" (crimena mortalia7575 Cyprian. De Bono Patient., cap. xiv.), viz: idolatry, murder, and adultery. But in the second period the list of mortal sins was greatly enlarged, and Morinus says that "Many Fathers who wrote after Augustine's time, extended the necessity of public penance to all crimes which the civil law punished with death, exile, or other grave corporal penalty."7676 Morinus, De Pœnitent., lib. v., cap. 5. In the penitential canons ascribed to St. Basil and those which pass by the name of St. Gregory Nyssen, this increase of offences requiring public penance will be found intimated.
From the fourth century the penitents of the Church were divided into four classes. Three of these are mentioned in the eleventh canon, the fourth, which is not here referred to, was composed of those styled συγκλαίοντες, flentes or weepers. These were not allowed to enter into the body of the church at all, but stood or lay outside the gates, sometimes covered with sackcloth and ashes. This is the class which is sometimes styled χειμοζομένοι, hybernantes, on account of their being obliged to endure the inclemency of the weather.
It may help to the better understanding of this and other canons which notice the different orders of penitents, to give a brief account of the usual form and arrangement of the ancient churches as well as of the different orders of the penitents.
Before the church there was commonly either an open area surrounded with porticoes, called μεσάυλιον or atrium, with a font of water in the centre, styled a cantharus or phiala, or sometimes only an open portico, or προπύλαιον. The first variety may still be seen at S. Ambrogio's in Milan, and the latter in Rome at S. Lorenzo's, and in Ravenna at the two S. Apollinares. This was the place at which the first and lowest order of penitents, the weepers, already referred to, stood exposed to the weather. Of these, St. Gregory Thaumaturgus says: "Weeping takes place outside the door of the church, where the sinner must stand and beg the prayers of the faithful as they go in."
The church itself usually consisted of three divisions within, besides these exterior courts 26and porch. The first part after passing through "the great gates," or doors of the building, was called the Narthex in Greek, and Færula in Latin, and was a narrow vestibule extending the whole width of the church. In this part, to which Jews and Gentiles, and in most places even heretics and schismatics were admitted, stood the Catechumens, and the Energumens or those afflicted with evil spirits, and the second class of penitents (the first mentioned in the Canon), who were called the ἀκοῶμενοι, audientes, or hearers. These were allowed to hear the Scriptures read, and the Sermon preached, but were obliged to depart before the celebration of the Divine Mysteries, with the Catechumens, and the others who went by the general name of hearers only.
The second division, or main body of the church, was called the Naos or Nave. This was separated from the Narthex by rails of wood, with gates in the centre, which were called "the beautiful or royal gates." In the middle of the Nave, but rather toward the lower or entrance part of it, stood the Ambo, or reading-desk, the place for the readers and singers, to which they went up by steps, whence the name, Ambo. Before coming to the Ambo, in the lowest part of the Nave, and just after passing the royal gates, was the place for the third order of penitents, called in Greek γονυκλίνοντες, or ὑποπίπτοντες, and in Latin Genuflectentes or Prostrati, i.e., kneelers or prostrators, because they were allowed to remain and join in certain prayers particularly made for them. Before going out they prostrated themselves to receive the imposition of the bishop's hands with prayer. This class of penitents left with the Catechumens.
In the other parts of the Nave stood the believers or faithful, i.e., those persons who were in full communion with the Church, the men and women generally on opposite sides, though in some places the men were below, and the women in galleries above. Amongst these were the fourth class of penitents, who were called συνεστῶτες, consistentes, i.e., co-standers, because they were allowed to stand with the faithful, and to remain and hear the prayers of the Church, after the Catechumens and the other penitents were dismissed, and to be present while the faithful offered and communicated, though they might not themselves make their offerings, nor partake of the Holy Communion. This class of penitents are frequently mentioned in the canons, as "communicating in prayers," or "without the oblation;" and it was the last grade to be passed through previous to the being admitted again to full communion. The practice of "hearing mass" or "non-communicating attendance" clearly had its origin in this stage of discipline. At the upper end of the body of the church, and divided from it by rails which were called Cancelli, was that part which we now call the Chancel. This was anciently called by several names, as Bema or tribunal, from its being raised above the body of the church, and Sacrarium or Sanctuary. It was also called Apsis and Concha Bematis, from its semicircular end. In this part stood the Altar, or Holy Table (which names were indifferently used in the primitive Church), behind which, and against the wall of the chancel, was the Bishop's throne, with the seats of the Presbyters on each side of it, called synthronus. On one side of the chancel was the repository for the sacred utensils and vestments, called the Diaconicum, and answering to our Vestry; and on the other the Prothesis, a side-table, or place, where the bread and wine were deposited before they were offered on the Altar. The gates in the chancel rail were called the holy gates, and none but the higher orders of the clergy, i.e., Bishops, Priests, and Deacons, were allowed to enter within them. The Emperor indeed was permitted to do so for the purpose of making his offering at the Altar, but then he was obliged to retire immediately, and to receive the communion without.
(Thomassin. Ancienne et Nouvelle Discipline de l'Eglise. Tom. I. Livre II. chap. xvj. somewhat abridged.)
27In the West there existed always many cases of public penance, but in the East it is more difficult to find any traces of it, after it was abolished by the Patriarch Nectarius in the person of the Grand Penitentiary.
However, the Emperor Alexis Comnenus, who took the empire in the year 1080, did a penance like that of older days, and one which may well pass for miraculous. He called together a large number of bishops with the patriarch, and some holy religious; he presented himself before them in the garb of a criminal; he confessed to them his crime of usurpation with all its circumstances. They condemned the Emperor and all his accomplices to fasting, to lying prostrate upon the earth, to wearing haircloth, and to all the other ordinary austerities of penance. Their wives desired to share their griefs and their sufferings, although they had had no share in their crime. The whole palace became a theatre of sorrow and public penance. The emperor wore the hairshirt under the purple, and lay upon the earth for forty days, having only a stone for a pillow.
To all practical purposes Public Penance was a general institution but for a short while in the Church. But the reader must be careful to distinguish between this Public Penance and the private confession which in the Catholic Church both East and West is universally practised. What Nectarius did was to abolish the office of Penitentiary, whose duty it had been to assign public penance for secret sin;7777 Vide, Thomassin. Lib. cit. Livre II. Chapitre vii. § xiii. where the whole matter of Nectarius's action is discussed. a thing wholly different from what Catholics understand by the "Sacrament of Penance." It would be out of place to do more in this place than to call the reader's attention to the bare fact, and to supply him, from a Roman Catholic point of view, with an explanation of why Public Penance died out. "It came to an end because it was of human institution. But sacramental confession, being of divine origin, lasted when the penitential discipline had been changed, and continues to this day among the Greeks and Oriental sects."7878 Addis and Arnold. A Catholic Dictionary; sub voce Penance, Sacrament of. That the reader may judge of the absolute candour of the writer just quoted, I give a few sentences from the same article: "An opinion, however, did prevail to some extent in the middle ages, even among Catholics, that confession to God alone sufficed. The Council of Châlons in 813 (canon xxxiij.), says: 'Some assert that we should confess our sins to God alone, but some think that they should be confessed to the priest, each of which practices is followed not without great fruit in Holy Church.…Confession made to God purges sins, but that made to the priest teaches how they are to be purged.' This former opinion is also mentioned without reprobation by Peter Lombard (In Sentent. Lib. iv. dist. xvij.)."
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I've mentioned only in passing this incredible comment from MetaFilter on the dismal state of funding for libraries even as they become more essential. It's too long to reproduce here and an excerpt won't do, so go and read it and come back.
OK, so then what's next for libraries? I don't know, but there are a few people trying to figure it out.
Your Future Library is a group working to create an online journal for sharing best practices on information access. They're hoping to bridge the gap between local libraries and those interested in digital dissemination of information. There's not much on their site yet (they gave me a flyer at ContactCon), but you can sign-up for a newsletter to keep in touch.
Meanwhile Fiarce Dunne, a librarian interested in the intersection between local libraries and makerlabs (and the guy who brought he DARPA/MAKE connection to my attention), has started a project called Library Cult which is also in early stages.

subset: commoncrawl


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Pages: 208
Binding: softcover
Religion and Faith in Africa
By: Agbonkhianmeghe E. Orobator, SJ
Before his conversion to Christianity, A.E. Orobator was raised in the practice of traditional African Religion—animism. This repository of African religion, he maintains—at its heart "a deep belief in the livingness of creationâ€â€"is the soil in which both Christianity and Islam have taken root.
In this fascinating book based on the prestigious Duffy Lectures delivered at Boston College, Orobator examines the living interplay between African Religion, Christianity, and Islam in Africa. He argues that the religious experience and spiritual imagination of Africa offer wisdom capable of renewing the global community of believers. Among these gifts: a deep consciousness of transcendence in day-to-day living; reverence towards human and natural ecologies; and a holistic understanding of creation and shared responsibility of stewardship for the universe.
Agbonkhianmeghe E. Orobator, SJ is a Jesuit priest who lives and works in Nairobi, Kenya. He is the author of Theology Brewed in an African Pot (Orbis 2008) and editor of The Church We Want: African Catholics Look to Vatican III (Orbis 2016).


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http://www.mcny.org/Address & Phone
1220 Fifth Avenueat 103rd Street
New York, NY 10029
HoursOpen daily from 10am - 6pm
Closed Thanksgiving Day, Christmas Day, and New Year's Day.
AdmissionAdults $18
Seniors, students $12 with I.D.
Ages 19 and under Free
Members Free
Self-guided k-12 student groups $5 per person.
The museum shop has an excellent selection of books, notecards, photographs and posters related to New York. They also sell clothing and accessories.
The Museum of the City of New York
"The Museum of the City of New York is a private, not-for-profit, educational agency established in 1923 to collect, preserve, and present original materials related to the history of New York City. In addition to individual contributions and gifts from foundations and corporations, the Museum receives public funds from the New York State Council on the Arts, the National Endowment for the Humanities, and the National Endowment for the Arts. The City of New York, the owner of the Museum's building, provides support in the form of operating and programmatic funds through the Department of Cultural Affairs."
Current ExhibitionsAt the Museum
by Jason Wiggins
The Museum of the City of New York, one of the most elegant museums in the city, looks like a Colonial American mansion; it is a large red-brick building with white stone columns accenting the entranceway and marble floors and stairways. It is way uptown, but the area is just as safe as the rest of the city.
MCNY is a large museum with four or five floors of exhibits. The fifth floor, which houses the Rockefeller rooms, a recreation of the houses of several famous Robber Barons, including Rockefeller, is open to the public intermittently. The other exhibits have just about everything you ever wanted to know about New York City and then some, including an exhibit devoted to New York's history as a major seaport with ship models and a seven foot tall statue of the inventor of the steamship. Another gallery has recreations of living rooms from various time periods starting in the colonial era. Of course, there are plenty of paintings depicting scenes of New York.
The Museum of the City of New York is the place to go to find out more about the city. Plan on a fairly long visit, three to four hours, if you want to look through the whole museum.
- Reviews of The Museum of the City of New York


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40 Kids Went Missing In Michigan In 2020 & Are Still Not Found
There were 40 children who went missing in Michigan this year who have still not been found, according to the National Center for Missing & Exploited Children.
Some of these kids have been missing since the beginning of the year while others just a week. They range in age from 5-months-old to 18-years-old. Each of these children is someone's child, brother, grandchild, and more. Each is a unique light and gift to the world and in a year unlike any other, they have gone missing.
The National Center for Missing & Exploited Children was founded in 1984 by John and Revé Walsh and other child advocates as a private, non-profit organization to serve as the national clearinghouse and resource center for information about missing and exploited children.
When a child is reported missing to law enforcement, federal law requires that child be entered into the FBI's National Crime Information Center, also known as NCIC.
According to the FBI, in 2019 there were 421,394 NCIC entries for missing children. This number represents reports of missing children. Unfortunately, since many children are never reported missing and there is no reliable way to determine the total number of children who are actually missing in the U.S. as well as Michigan.
Just by scrolling through these photos and looking at each of these children's faces, you can help. You may be the person that helps ensure the safety and safe return of one of these children.


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The University of Michigan's latest Consumer Sentiment Index came in at 84.9 points, up from 76.8 in February and the highest level since last March's 89.1 reading. The index is an economic indicator of the overall health of the economy as determined by consumer opinion. Increasing values point to increasing consumer confidence in their own financial health and the health of the overall economy.
In the Twin Cities region, for the week ending April 3:
- New Listings decreased 7.6% to 1,406
- Pending Sales increased 21.8% to 1,358
- Inventory decreased 49.4% to 5,051
For the month of February:
- Median Sales Price increased 11.5% to $314,000
- Days on Market decreased 31.3% to 46
- Percent of Original List Price Received increased 2.1% to 100.1%
- Months Supply of Homes For Sale decreased 47.1% to 0.9
All comparisons are to 2020
Click here for the full Weekly Market Activity Report. From MAAR Market Data News.


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This piece of digital artwork by Sweeney Boo is presented on 11 x 17 Custom Bristol Board.
Each artwork is annotated by hand in pencil at the top of the page noting the title, issue number and page for the accompanying book. Each page bears a unique paper press, a unique certificate of authenticity stamp, and a unique Sweeney Boo numbered tamper-proof hologram.
Each piece of art will be accompanied by a certificate of authenticity with handwritten information about the art, signed by Sweeney Boo and bearing a matching Sweeney Boo Hologram within an additional unique stamp.
Each step in creating this unique collectible was overseen by Sweeney Boo and is 1 of 1.


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News | September 23, 2005
Voyager Finds Three Surprises Near Our Solar System's Edge
A trio of surprise discoveries from NASA's Voyager 1 spacecraft reveals intriguing new information about our solar system's final frontier. The findings appear in the Sept. 23 issue of Science.
The surprises come as the hardy, long-lived spacecraft approaches the edge of our solar system, called the heliopause, where the sun's influence ends and the solar wind smashes into the thin gas between the stars.
"These are just the most recent of many surprises Voyager has revealed in its 28-year journey of discovery. They tell us that the interaction of our sun with the surrounding interstellar matter from other stars is more dynamic and complex than we had imagined, and that there is more yet to be learned as Voyager begins the final leg of its race to the edge of interstellar space," said Dr. Edward Stone, Voyager project scientist at the California Institute of Technology in Pasadena. Voyager 1 is expected to pass beyond the heliopause into interstellar space in eight to 10 years, with Voyager 2 expected to follow about five years later.
Voyager 1 has already passed the termination shock, where the million-mile-per-hour solar wind abruptly slows and becomes denser and hotter as it presses against interstellar gas. It was expected the wind beyond the shock would slow to a few hundred thousand miles per hour. But the Voyager scientists were surprised to find that the speed was much less, and at times the wind appeared to be flowing back inward toward the sun.
"This could mean that the outward pressure of wind was decreasing as the sun entered the less active phase of its 11-year cycle of sunspot activity," said Stone.
Another surprise: the direction of the interplanetary magnetic field in the outer solar system varied more slowly beyond the termination shock. As the sun rotates every 26 days, the direction of the field alternates every 13 days. That field is carried out by the solar wind, with the alternating directions forming a pattern of zebra stripes moving outward past the spacecraft. One could imagine a zebra with giant "magnetic stripes" running past the spacecraft and Voyager 1 "observing" an alternating stripe every 13 days. After the shock, the "zebra" with its stripe pattern was moving at nearly the same speed as Voyager, so that it took more than 100 days for the stripe to pass the spacecraft and for the magnetic field to switch directions.
Perhaps the most puzzling surprise is what Voyager 1 did not find at the shock. It had been predicted that interstellar ions would bounce back and forth across the shock, slowly gaining energy with each bounce to become high speed cosmic rays. Because of this, scientists expected those cosmic ray ions would become most intense at the shock. However, the intensity did not reach a maximum at the shock, but has been steadily increasing as Voyager 1 has been moving farther beyond the shock. This means that the source of those cosmic rays is in a region of the outer solar system yet to be discovered.
More information and visuals about Voyager are available online at https://voyager.jpl.nasa.gov/ and http://www.nasa.gov/vision/universe/solarsystem/voyager_agu.html.
Still operating in remote, cold and dark conditions billions of miles from the sun, the Voyager 1 and 2 spacecraft owe their longevity to radioisotope thermoelectric generators which produce electricity from the heat generated by the natural decay of plutonium.
Caltech manages NASA's Jet Propulsion Laboratory in Pasadena, which built and operates Voyager 1 2. NASA's Goddard Space Flight Center, Greenbelt, Md., built the magnetometers.
Written by: Jane Platt


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This article is more than 1 year old
Gates rails at 'proprietary Symbian', looks for the insanity defence
Gates - We shall fight them with patents: OFFICIAL
MS on Trial When the only tool you have is a hammer, every problem looks like a nail. And when you're Bill Gates, it seems, every competitor is using proprietary protocols against you.
That - and much more - emerges from two more extraordinary Microsoft memos unsealed by the US Department of Justice (DoJ).
The memos were written less than a year apart, and detail two meetings between the then Microsoft CEO and Nokia CEO Jorma Ollila - who Gates carelessly refers to as "Jurma" throughout.
They're extraordinary largely because they reveal the extent to which Bill Gates fails to grasp the wireless marketplace. But even more so, they recount his recurring fantasies that competitors are using proprietary standards against him, and his reflexive resort to Microsoft patents. No prcis can quite convey the paranoia of the originals, where the fear and loathing is palpable. And we've only got the portions that haven'tbeen redacted.
The first of these memos, written a fortnight after Nokia, Motorola and Ericsson had formed Symbian, begins with the hurt of a lover spurned.
"If they had come to us with Ericsson/Motorola we would have loved to do a Symbian type deal. I made it clear we were very disappointed and upset they didn't ever talk to us..."
Well, The Register was on hand when Symbian launched and it was plain from the Nokia and Ericsson executives that day that not only was Microsoft's technology not there, then even if it was, neither company had the slightest wish to cede control of the platform to Microsoft.
Hi Ho, Hi Ho, it's off to work we go
Gates also tried to dissuade Motorola from joining Symbian, before deciding on a strategy:- work with the Symbian partners on PBXs, work "hardcore" with the smaller manufacturers Gates describes as "the seven dwarves", and ominously "work with CDMA".
Already Gates had conceded that GSM - the global wireless air interface in all but the USA and Korea - was a difficult pitch. But the paranoia is setting in as Bill weighs up a prospective alliance with Sun Microsystems. "There is no reason for them to do any of this except to attack Microsoft. Using SUN [sic] is just declaring war on us. The Nokia CEO seemed to appreciate how hardcore I was on this."
Gates then suggests witholding Microsoft co-operation from other joint ventures with Nokia until the handset platform has been resolved.
Which, with a crash of the cymbal, is presumably why the DoJ saw fit to release the memo now. But far more telling is Gates' analysis of the Symbian business model. Bear with us.
"Symbian is bad for us no matter what. But Symbian is SUPER bad for us if... Symbian is going to create proprietary protocols so that other devices have to pay them royalties if they want to interoperate."
Reflexively reaching for his protocols, Bill adds:- "We have not done this on the PC [are you sure - ed?] actually I think we should in a few areas but that is another discussion"[emphasis added].
Patently obvious
Gates recommends action to "patent our schemas... we can't be asleep on key issues like this". A little further in, Gates affirms his belief that Symbian can only work if it's own products are proprietary:- "In the long run these products will be hyper competitive unless Symbian uses patents to block entry, which it seems is what Symbian is all about."
Let's take a step back for a moment. The DoJ released this memo because of the threat of retaliatory action. But wait -what patents can Bill possibly be thinking of? The fragile nature of the Symbian agreement - with competing handset manufacturers basically agreeing on interoperability, or nothing - means that no member can possibly pull a stunt like this alone. The only way they can cook up some patents to exclude future licensees is to act together, or in other words, leverage their dominant market position.
It's a pretty revealing sentence. Gates simply can't see how the consortium can find its way to success without acting anti-competitively. We know that Symbian's business model is straightforward: license the OS at $10 or $5 a shot and build a mass market. But for Bill, the prize isn't about success, it's about abusing that success - creating the right to charge monopoly rent. We've read a lot of words in this trial, but few can be quite as self-incriminating. ®


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Map Unavailable
Date(s) - 11/14/2017
7:00 pm - 8:00 pm
Hubbard Administration Building
The Hubbard Planning & Zoning Board of Appeals will meet the second Tuesday of every month at 7:00 PM in Council Chambers. NOTE: The Board will meet only when there are variances to consider. Questions should be directed to the City's Planning and Zoning Office at (330) 534-1271.


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Gregory Porter exploded onto the international music scene with his debut CD, Water in May of 2010, and has racked up a continuing stream of amazing accolades and awards. Porter's Watergarnered a 'Best Jazz Vocal ' Grammy® nomination (a rare feat for a debut recording), rocketed to #1 on both iTunes and Amazon in the UK and soared onto an international array of year-end 'Best Of' lists for 2010 in several genres, and within a scant 15 months established him as a formidable international touring artist. Now BE GOOD, his sophomore release has gained even more acclaim, plus a GRAMMY® nomination in a crossover R&B category.
With Be Good, released on February 14, 2011, Porter surpassed the heightened expectations of his follow up to Water. Featuring Porter's winning combination of "outstanding original songs, erudite lyrics and social comment, top drawer musicianship and improvisation, and a voice to die for" (Jazz Wise), Be Good is a musical compendium of groove-driven delights, ranging from quiet ballads to up-tempo burners, from romantic charmers to powerful, blues-tinged anthems. When his song Real Good Hands was selected as Itunes Song of the Week, over 200,000 new fans downloaded the song and were introduced to his signature soul-influenced jazz. Now that song also gained him a much deserved Grammy® nomination for best Traditional R&B Performance.
Be Good finds Porter surrounded by the core of his powerhouse working band, with whom he recorded his Grammy® nominated debut, and who have performed with him for over three years now: Chip Crawford on piano, Aaron James on bass, Emanuel Harrold on drums, and Yosuke Sato on alto sax. Under the sure hand of producer Brian Bacchus, Porter and the band rise to new heights on Be Good,which is further fueled by richly emotional horn arrangements by the CD's associate producer and musical director, Kamau Kenyatta, who producedWater and who continues to play an important role in Porter's sound. Kenyatta also performs on one track ("Painted on Canvas") and guest instrumentalistsKeyon Harrold on trumpet and Tivon Pennicott ontenor sax are also featured throughout.
Porter tapped the prodigious talents of veteran producer Brian Bacchus for Be Good. Bacchus, whose A&R successes have included Norah Jones' Grammy® -winning Come Away with Me, as well asCassandra Wilson, Gonzalo Rubalcaba, Wild Magnolias, and Joe Lovano's tribute to opera legend Enrico Caruso, Via Caruso, and who has produced projects for acclaimed jazz artists including Randy Weston, Lizz Wright, Richie Havens, Ronny Jordan, and Patricia Barber, first met Porter through a mutual friend. The two immediately recognized a shared sensibility, a sense of musical camaraderie that resulted in a strong in-studio collaboration.
"Gregory is the real deal and a revelation in terms of new male jazz singers, but I think that his voice coupled with his songwriting may be the thing that leaves most listeners with their mouths open," says Bacchus. "There have been many solid singer songwriters coming from under the jazz umbrella of the last 10 years that are mostly brimming with folk and country influences. Gregory is the first that I'm hearing that is squarely coming out of a real classic soul bag (i.e. Bill Withers, Curtis Mayfield, Donny Hathaway) as a songwriter, but with both feet firmly planted in jazz's soil."
A disarmingly sincere performer, with a groove that never quits, a voice of incredible virtuosity and a seemingly universal appeal as a songwriter, Porter's lyrics often speak as dreams do, in the languages of image and emotion, to communicate thoroughly though not always directly. His objective as a songwriter, he says, is "to create a sincere message about my feelings on love, culture, family and our human joys and pain." Even in conversation he leans toward the poetic: "Just like the song 'Painted on Canvas' says, 'I'm 'made of the pigment of paint that is put upon' …trying to be honest and organic in my colors that I show." Be Good clearly attains that goal, and also proves to have a wide palette of colors to show.
The CD's opening track, the song mentioned above, masterfully primes the canvas of Porter's sophomore release. Gentle as a bedtime story-teller, his vocals weave seamlessly in and around the warm tones established by his core band, enhanced by the sparkling threads of Kamau Kenyatta's tenor sax and Chip Crawford's impressionistic pianism. "Be Good, (Lion's Song)" (the leading single from the album) has been a favorite at Porter's live shows for some time, here finally making its much anticipated recording debut. The upbeat tribute "On My Way to Harlem" percolates with the vibrant cultural energy of the Harlem renaissance figures that once walked the streets near St. Nick's Pub, where Porter's working band came together and where he finally solidified his conviction to record his first record in 2010. "I grew up in California and now I live in Brooklyn," explains Porter, "but even so, I feel that the spirit of the artists that came out of Harlem – from Duke Ellington to Langston Hughes – has so influenced my work that Harlem is as much a part of me as if I had lived there."
The soulful spirit of the '70s, epitomized by such artists as Lou Rawls and the Chi Lights, echoes forth in style on Porter's "Real Good Hands," a track that makes it clear that Porter is a complete romantic at heart. On the intriguing ballad, "The Way You Want to Live," a song of dangerous personal choices that he dedicated to Amy Winehouse during a performance at the Blue Note in New York just days after her untimely death, Chip Crawford's poignant touch on the keyboards is matched by Porter's fervent delivery. Next up, the band's unassuming, solid rapport underscores the tenderness of Porter's lyrics on "When Did You Learn?"
"Imitation of Life," the first of the three tracks on Be Good not written by Porter, is the title track from an Oscar-nominated 1959 film starring Lana Turner and Sandra Dee. Written by Paul Francis Webster and Sammy Fain, who also penned the Academy Award-winning "Love Is a Many Splendored Thing," and the Johnny Mathis hit, "A Certain Smile, "Imitation of Life" was originally performed by Earl Grant and has seldom since been recorded.
Porter, the youngest of a family of 6 raised in Bakersfield California by a single mother who was also a minister, offers a show stopping and inspiringly heartfelt tribute to this clearly exceptionally woman in "Mother's Song," emphasizing the extraordinary impact her love and fortitude has upon his life and work. "Our Love" which takes as its theme romantic love that succeeds despite the odds and in spite of naysayers, sustains the CD's mellow mood until Porter shakes things up completely with the scat-inflected, high energy "Bling Bling." Next, Porter delivers perhaps one of the hottest and grittiest versions ever on record of Nat Adderly's classic, "Work Song," a hard driving blues and jazz standard that has been recorded by vocalists as disparate as Nina Simone, Bobby Darin, Sammy Davis, Jr. and Johnny Rivers. Porter closes the proceedings with an a cappella version of "God Bless the Child," that is as understated as a prayer and as comforting as a lullaby.
In review after review, critics are inspired to comment on Porter as a new "king' of jazz," and a "leader of the pack," a performer of extraordinary presence who has been compared with the greatest of the greats, such as Joe Williams, Nat Cole, Donny Hathaway, and Marvin Gaye. As musically solid as his recordings are and as powerful and honest as Porter's magnificent voice is, it may just well be the brilliance of his poetry and the unguarded depth of his emotional delivery that is most fueling his rapid rise to fame. While fans will certainly be tempted to interpret deeply autobiographical messages amid the stories of love and loss that Porter has composed for Be Good, Porter is quick to point out that he is more painter than photographer. "My songs may start from a place of personal experience," he explains, but he uses his poetic license freely. "I try not to impose any particular perspective on the music. I want listeners to be affected each in his or her own way, and moved as much by what can be read in between the lines as what the lyrics say."
Porter's ascending star is viewed most brightly in Europe, especially in the UK, where he has performed on Jamie Cullum's BBC radio program, on Later with Jools Holland, as a featured guest at the London Jazz Festival and as one of two special guests on Carole King's 2011 BBC holiday television special. UK's Jazz Wise magazine named Water the #1 Jazz Album of 2011 (the first time a vocal album has achieved this distinction.) and BE GOOD made the top five list for Album of the Year in 2012. Across the channel in France, press and radio have showered Porter with incredible accolades, lauding him as the new "Roi of Jazz," and featuring him on the front cover of the mainstream magazine, L'Express, as "the next great voice in Jazz."
6/7 @ Charleston Music Hall – Charleston, SC
6/8 @ Capital Jazz Fest – Columbia, MD
6/23 @ Knight Theater, Levine Center – Charlotte, NC
6/27 @ TD Victoria International JazzFest – Victoria, BC
Gregory Porter on NPR Tiny Desk, Playing in Brooklyn
Master jazz vocalist and songwriter Gregory Porter has returned with an intimate performance on NPR's Tiny Desk series, as the singer prepares to perform at BRIC's Celebrate Brooklyn! Concert Series on July 28th, along with additional dates set for the Newport Jazz Fest and Jazz on the Vineyard in Martha's Vineyard in August.


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That issue arose in Salamon v. Our Lady of Victory Hospital, decided on October 29. Salamon is a doctor who claimed sexual harassment and retaliation in the workplace. The trial court dismissed the case because Dr. Salamon was not an employee but an independent contractor. The Court of Appeals reversed, sending the case back for trial.
UPDATE: as of the morning of October 30, this opinion has been withdrawn without explanation. An amended opinion will follow.
The general rule is that someone is an "employee" if the employer exercises sufficient control over her workday. As the Court of Appeals puts it: "To be sure, staff physicians like Salamon have been classified as independent contractors largely because of the extent to which they control their own practices even while affiliated with a hospital. But relationships between staff physicians and the hospitals in which they work may differ. A physician's professional independence -- his or her degree of control over the manner and means of the work -- may vary. In effect, the amount of control a putative employer exerts relative to the employee necessarily falls somewhere along a continuum, an independent contractor at one end, an employee at the other."
So which is it? Was Dr. Salamon an employee or an independent contractor? She had staff privileges at the hospital and relied on its instrumentalities for her day-to-day functions and underwent hospital supervision, particularly from the quality control department. Sounds like she was an employee because the hospital controlled her employment. Except that she had some measure of control over her workday as, for example, "she was free to set her own hours and maintained her own patient load and schedule, subject to the availability of the endoscopy equipment, which the Hospital controlled. She determined which patients to see and treat, and whether or not to admit them to OLV (or another hospital). She was allowed to maintain staff privileges at other hospitals, and did, though most of her practice was at OLV. Salamon was not paid a salary, wages, benefits, or any other monetary compensation by OLV."
The Supreme Court has outlined the 13 factors in determining whether someone is an employee or independent contractor:
[1] the hiring party's right to control the manner and means by which the product is accomplished; [2] the skill required; [3] the source of the instrumentalities and tools; [4] the location of the work; [5] the duration of the relationship between the parties; [6] whether the hiring party has the right to assign additional projects to the hired party; [7] the extent of the hired party's discretion over when and how long to work; [8] the method of payment; [9] the hired party's role in hiring and paying assistants; [10] whether the work is part of the regular business of the hiring party;[11] whether the hiring party is in business; [12] the provision of employee benefits; [13] and the tax treatment of the hired party.
These factors (often applied in these cases), however, may not satisfy Title VII's proviso that the employment discrimination laws be interpreted liberally. The Court of Appeals noted that while the 13 factors are useful in resolving these cases, they are not always consistent with Title VII. The Court reasoned: "The most important factor in determining the existence of an employment relationship is that control or right of control by the employer which characterizes the relation of employer and employee and differentiates the employee or servant from the independent contractor."
Under that model, the question could go either way for someone like Dr. Salamon. As the hospital did assert control over her employment through its quality control department which monitored how she was treating patients, and she faced the possibility of negative peer reviews if she did not satisfy hospital standards, she might be an employee. Since a jury has to resolve whether the hospital exercised enough control over her employment, Dr. Salamon is entitled to a trial, and summary judgment is reversed.


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Website reference:
Website name:
Agreement reference:
These Terms and Conditions (Agreement) are agreed between Spoton.net Limited, registered in England and Wales with Company number 06139437 and with the registered address of 167-169 Union Street, Torquay, Devon, TQ1 4BX ("We", "Us", "Our" etc.) and the entity entering into this agreement ("You", "your" etc.).
The parties have agreed that we shall provide you with website design and development and related services on the terms and conditions set out in this agreement and the details provided via the order and briefing process.
The definitions and rules of interpretation in this clause apply in this agreement.
1.1 Definitions:
Acceptance means the acceptance or deemed acceptance of the Site by You pursuant to Clause 5.
Accessibility Requirements means the level A and AA requirements of the Web Content Accessibility Guidelines 2.1
Business Day means a day other than (1) a Saturday or Sunday, (2) public holiday in England when banks in London are not open for business; or (3) any other day between 24th December and 1st January.
Charges means the charges in respect of the Services set out in Clause 8, together with any charges arising.
Confidential Information means all information, whether technical or commercial (including all specifications, drawings and designs, disclosed in writing, on disc, orally or by inspection of documents or during discussions between the parties), where the information is:
(a) identified as confidential at the time of disclosure; or
(b) ought reasonably to be considered confidential given the nature of the information or the circumstances of disclosure.
Data Protection Legislation means the UK Data Protection Legislation and (for so long as and to the extent that the law of the European Union has legal effect in the UK) the General Data Protection Regulation ((EU) 2016/679) (GDPR) and any other directly applicable European Union regulation relating to privacy.
Data Subject has the meaning set out in Article 4(1) of the GDPR.
Design Brief means the specification document for the Site.
Effective Date means the date of this agreement.
Heightened Accessibility Requirements means any additional or future accessibility requirements that are not part of the Accessibility Requirements.
Heightened Cybersecurity Requirements means any laws, regulations, codes, guidance from regulatory and advisory bodies (whether mandatory or not), international and national standards, industry schemes and sanctions, which are applicable to you (but not us) relating to security of network and information systems and security breach and incident reporting requirements, which may include the Cybersecurity Directive ((EU) 2016/1148), Commission Implementing Regulation ((EU) 2018/151), the Network and Information systems Regulations 2018 (SI 506/2018), all as amended or updated from time to time.
Intellectual Property Rights means patents, utility models, rights to inventions, copyright and neighbouring and related rights, moral rights, trade marks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
IMAP Mailbox means an email account accessed through the Internet Message Access Protocol.
Order Specification means the electronic document which details the Service specification, prices, package and associated information to your purchase.
Personal Data has the meaning set out in Article 4(1) of the GDPR.
Server means a computer server.
Services means the design and development services to be provided pursuant to this agreement as set out in the Order Specification and this agreement.
Site means the website to be hosted via us pursuant to this agreement.
Software means the software for the Site, including the it'seeze content management software.
Supplied Content means anything you have supplied to us through the design brief process or otherwise and anything added to the site by you using the it'seeze content management system.
Third Party Suppliers means those third party software products set out in Schedule 1.
UK Data Protection Legislation means any data protection legislation from time to time in force in the UK including the Data Protection Act 1998 or 2018 or any successor legislation.
1.2 Clause and Schedule headings do not affect the interpretation of this agreement.
1.3 References to clauses and Schedules are (unless otherwise provided) references to the clauses and Schedules of this agreement.
1.4 In the event and to the extent only of any conflict between the clauses and the Schedules, the clauses shall prevail.
1.5 Unless the context otherwise requires, words in the singular shall include the plural and in the plural include the singular.
1.6 A reference to a statute or statutory provision is a reference to it as it is in force as at the date of this agreement.
1.7 A reference to a statute or statutory provision shall include all subordinate legislation made as at the date of this agreement under that statute or statutory provision.
1.8 Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
1.9 Writing or written includes email.
2.1 We shall design, develop and deliver the Site in accordance with the Design Brief and arrange to host the Site from the Server.
2.2 Once the Site is operable and live we will grant you a licence to use the Site and provide the Subscription Services in accordance with the terms of this agreement.
3.1 You acknowledge that our ability to provide the Services is dependent upon your full and timely co-operation (which you agree to provide), as well as the accuracy and completeness of any information and data you provide to us. Accordingly, you shall provide us with access to, and use of, all information, data and documentation reasonably required by us for the performance by us of our obligations under this agreement.
3.2 You shall be responsible for the accuracy and completeness of the Supplied Content on the Site in accordance with Clause 14.
4.1 We shall produce the Design Brief based on the information that you provide.
5.1 Once we have completed the design and development of the Site in accordance with the Design Brief, we shall allow you access to the Site to request minor amendments be made.
5.2 We may provide you with an estimated timescale for the design of the Site. Such estimates are advisory only and are not guarantees. We will incur no liability for delays in the design of the Site.
5.3 Acceptance of the Site shall occur when you click in the system to set the website live or advise that you require the website to be set live. The Site will then be set live and become available to the public. For the avoidance of doubt, you shall still be charged fees in accordance with the Charges if the site is not set live.
6.1 Any additional Services will be as listed in the Order Specification.
7.1 Products provided by Third Party Suppliers shall be supplied in accordance with the relevant licensor's standard terms. Any one-off licence fee for such Third Party Suppliers products is included in the Order Specification or will be provided to you when it becomes required.
8.1 You shall pay us the Charges in accordance with the fees which are listed on the Order Specification.
8.2 The initial fee (as stated in the Order Specification) is due immediately upon acceptance of this agreement and the monthly payments are due on the dates specified in the Order Specification.
8.3 All Charges are exclusive of VAT.
8.4 At the end of the minimum subscription period the Services will continue to run until you cancel the Service which can be done with one calendar month's notice.
8.5 If you fail to make any payment due to us under this agreement by the due date for payment, then, without limiting our remedies under Clause 16, you shall pay interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgment. Interest under this clause will accrue each day at 4% a year above the Bank of England's base rate from time to time, but at 4% a year for any period when that base rate is below 0%.
8.6 If you fail to make payment for the fees in accordance with the Order Specification we will attempt to take payment at 7 day intervals for one month. If the amount still remains unpaid the Site will be removed from the internet ("Suspension") but the monthly payment amounts will continue to be incurred until the end of the minimum term and interest in accordance with Clause 8.5 will be applied.
8.7 Following Suspension, you agree to pay an administrative charge of £50 plus VAT (or 70 euros at trade prices) in order to rescind the Suspension and restore the Site provided that no more than 6 calendar months have passed and you have not instructed us to delete the Site data. If more than 6 months have passed or you have instructed us to delete the Site then the Suspension cannot be rescinded.
8.8 If we have provided you with an IMAP mailbox, then following Suspension or Cancellation you agree to pay £25 plus VAT (or 35 euros at trade prices) to restore the contents of each IMAP mailbox we have provided to you, provided no more than 14 days have passed. If more than 14 days have passed then the contents of the mailboxes cannot be restored.
9.1 This clause applies to consumers only.
9.2 If you are a consumer you have the right to cancel within a period of 14 days from placing the order. However, once we have completed the services you cannot change your mind, even if the period is still running. If you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind.
This is a summary of your key legal rights as a Consumer. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
Your product is services and therefore the Consumer Rights Act 2015 says:
- you can ask us to repeat or fix a service if it's not carried out with reasonable care and skill, or get some money back if we can't fix it.
- if you haven't agreed a price beforehand, what you're asked to pay must be reasonable.
- if you haven't agreed a time beforehand, it must be carried out within a reasonable time.
10.1 Each of the parties warrants to the other that it has full power and authority to enter into and perform this agreement.
10.2 We shall perform the Services with reasonable care and skill.
10.3 We warrant that the Services or the Site will comply with the Accessibility Requirements. Notwithstanding any other term in this agreement, your remedy for a breach of the warranty in this clause 10.3 shall be limited to us fixing the fault or issue to ensure compliance with the Accessibility Requirements. For the avoidance of doubt, you are responsible for ensuring Supplied Content (which includes content you added to the Site using the the it'seeze content management system) meets the Accessibility Requirements and does not cause the Site to be non-compliant with the Accessibility Requirements.
10.4 This agreement sets out the full extent of our obligations and liabilities in respect of the supply of the Services. All conditions, warranties or other terms concerning the Services which might otherwise be implied into this agreement or any collateral contract (whether by statute or otherwise) are hereby expressly excluded.
10.5 We do not warrant that:
(i) Your use of the Services or the Site will be uninterrupted or error-free; or
(ii) the Services or the Site will be free from Vulnerabilities; or
(iii) the Services or the Site will comply with any Heightened Accessibility Requirements or Heightened Cybersecurity Requirements.
11.1 Nothing in this agreement shall operate to exclude or limit our liability for:
(a) death or personal injury caused by its negligence; or
(b) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
(c) fraud; or
(d) any other liability which cannot be excluded or limited under applicable law.
11.2 We shall not be liable to you for any damage to software, damage to or loss of data, loss of profit, anticipated profits, revenues, anticipated savings, goodwill or business opportunity, or for any indirect or consequential loss or damage.
11.3 Subject to Clause 11.1, our aggregate liability in respect of claims based on events in any calendar year arising out of or in connection with this agreement or any collateral contract, whether in contract or tort (including negligence) or otherwise, shall in no circumstances exceed 100% of the total Charges payable by you to us under this agreement in that calendar year.
12.1 All Intellectual Property Rights in the Site (including in the content of the Site and the Software), but excluding the Supplied Content, arising in connection with this agreement shall be our property, and we hereby grant you a non-exclusive licence of such Intellectual Property Rights for the purpose of operating, marketing and promoting the Site.
12.2 You shall indemnify us against all damages, losses and expenses arising as a result of any action or claim that the Supplied Content infringes the Intellectual Property Rights of a third party.
12.3 We shall indemnify you against all damages, losses and expenses arising as a result of any action or claim that the Site infringes any Intellectual Property Rights of a third party in the UK, other than infringements referred to in Clause 12.2 and any content supplied by visitors to the Site.
12.4 The indemnities in Clause 12.2, Clause 12.3 and Clause 14.4 are subject to the following conditions:
(a) the indemnified party promptly notifies the indemnifier in writing of the claim;
(b) the indemnified party makes no admissions or settlements without the indemnifier's prior written consent;
(c) the indemnified party gives the indemnifier all information and assistance that the indemnifier may reasonably require; and
(d) the indemnified party allows the indemnifier complete control over the litigation and settlement of any action or claim.
12.5 The indemnities in Clause 12.2, Clause 12.3 and Clause 14.4 may not be invoked to the extent that the action or claim arises out of the indemnifier's compliance with any designs, specifications or instructions of the indemnified party.
12.6 We may licence content ("Stock Content") from third parties ("Stock Suppliers") for use on the Site. You understand that such licences prohibit the use of Stock Content outside of your Site, such as in marketing or promotional materials that you produce. You agree to comply with these restrictions.
12.7 You agree that for all of the Supplied Content you provide to us whether via the Design Brief, Software, communications or otherwise you are granting us a perpetual, non-exclusive, worldwide, royalty free licence to reproduce, modify, adapt, publish and distribute such Content for the purpose of Our marketing and promotional activities including print and electronic media.
12.8 In the event of Termination, we shall provide you with an electronic copy of the Site in accordance with Clause 16.5.
13.1 Once the Site is live and subject to Clause 13.2, during the term of this licence, we grant you an exclusive licence to use the it'seeze content management software operating on our Servers for the purpose of operating the Site in return for the payment by you of the Fees as set out in Clause 8.
13.2 The licence granted under Clause 13.1 permits you to:
(a) modify, distribute, and publicly perform and display the Supplied Content on the Site; and
(b) make derivative works, reproduce, publicly perform and display and distribute such derivative works in conjunction with the Supplied Content through the Site, including in any media now known or hereafter developed.
13.3 For the avoidance of doubt, the licence granted under Clause 13.1 shall not permit you to reproduce or distribute through any media Stock Content as defined at Clause 12.6.
14.1 You may update the Site with Supplied Content provided from time to time by you using the it'seeze content management system software. You shall ensure that the Supplied Content does not infringe any applicable laws, regulations or third party rights (including Supplied Content which is obscene, indecent, pornographic, seditious, offensive, defamatory, threatening, liable to incite racial hatred or acts of terrorism, menacing, blasphemous or in breach of any third party Intellectual Property Rights) (Inappropriate Content).
14.2 You shall ensure that the Site at no point breaches our Acceptable Use Policy which can be found at https://itseeze.com/acceptable-use-policy/.
14.3 We shall include only Supplied Content on the Site. You acknowledge that we have no control over any content placed on the Site by visitors to the Site and do not purport to monitor the content of the Site. We reserve the right to remove content from the Site where it reasonably suspects such content is Inappropriate Content or is in breach of our Acceptable Use Policy. We shall notify you promptly if we become aware of any allegation that any content on the Site may be Inappropriate Content.
14.4 You shall indemnify us against all damages, losses and expenses arising as a result of any action or claim that the Supplied Content constitutes Inappropriate Content or in breach of our Acceptable Use Policy.
14.5 We may include a statement on the website which informs the end user that we have designed the Site.
15.1 Both parties will comply with all applicable requirements of the Data Protection Legislation. This Clause 15 is in addition to, and does not relieve, remove or replace, a party's obligations under the Data Protection Legislation. In this Clause 15, Applicable Laws means (for so long as and to the extent that they apply to us) the law of the European Union, the law of any member state of the European Union and/or Domestic UK Law; and Domestic UK Law means the UK Data Protection Legislation and any other law that applies in the UK.
15.2 The parties acknowledge that for the purposes of the Data Protection Legislation, you are the data controller and we are the data processor (where Data Controller and Data Processor have the meanings as defined in the Data Protection Legislation).
15.3 Without prejudice to the generality of Clause 15.1, you will ensure that you have all necessary appropriate consents and notices in place to enable lawful transfer of the Personal Data to us for the duration and purposes of this agreement.
15.4 Without prejudice to the generality of Clause 15.1, then we shall, in relation to any Personal Data processed in connection with the performance by us of our obligations under this agreement:
(a) process that Personal Data only on your written instructions unless you are required by Applicable Laws to otherwise process that Personal Data. Where we rely on laws of a member of the European Union or European Union law as the basis for processing Personal Data, then we shall promptly notify you of this before performing the processing required by the Applicable Laws unless those Applicable Laws prohibit us from so notifying you;
(b) ensure that we have in place appropriate technical and organisational measures, reviewed and approved by you, to protect against unauthorised or unlawful processing of Personal Data and against accidental loss or destruction of, or damage to, Personal Data, appropriate to the harm that might result from the unauthorised or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected, having regard to the state of technological development and the cost of implementing any measures (those measures may include, where appropriate, pseudonymising and encrypting Personal Data, ensuring confidentiality, integrity, availability and resilience of its systems and services, ensuring that availability of and access to Personal Data can be restored in a timely manner after an incident, and regularly assessing and evaluating the effectiveness of the technical and organisational measures adopted by it);
(c) not transfer any Personal Data outside the European Economic Area unless the following conditions are fulfilled:
(i) You or we have provided appropriate safeguards in relation to the transfer;
(ii) the Data Subject has enforceable rights and effective legal remedies;
(iii) we comply with our obligations under the Data Protection Legislation by providing an adequate level of protection to any Personal Data that is transferred; and
(iv) we comply with reasonable instructions notified to us in advance by you with respect to the processing of the Personal Data;
(d) assist you at your cost, in responding to any request from a Data Subject and in ensuring compliance with its obligations under the Data Protection Legislation with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators;
(e) notify you without undue delay on becoming aware of a Personal Data breach;
(f) at the written direction of you, delete or return Personal Data and copies thereof to you on termination of the agreement unless required by Applicable Law to store the Personal Data; and
(g) maintain complete and accurate records and information to demonstrate its compliance with this Clause 15.
15.5 You consent to us appointing third parties as listed in Schedule 1 as third-party processors of Personal Data under this agreement. We confirm that for each third party processor we have or will enter into a written agreement substantially on that third party's standard terms of business or incorporating terms which are substantially similar to those set out in this Clause 15. As between both parties we shall remain fully liable for all acts or omissions of any third-party processors appointed by it pursuant to this Clause 15.
15.6 Either party may, at any time on not less than 30 days' notice, revise this Clause 15 by replacing it with any applicable controller to processor standard clauses or similar terms forming party of an applicable certification scheme (which shall apply when replaced by attachment to this agreement).
16.1 This agreement shall commence on the Effective Date for the minimum term as is provided for in the Order Specification. Upon the expiry of the minimum term you may terminate this agreement with one months' notice. Failure to terminate this agreement will allow it to run on a monthly rolling basis.
16.2 Without affecting any other right or remedy available to it, the parties may terminate this agreement with immediate effect by giving written notice to the other party if either party commits a material breach of any term of this agreement which breach is irremediable or (if such breach is remediable) fails to remedy that breach within a period of 14 days after being notified in writing to do so.
16.3 If you fail to pay the Charges due under this agreement then we will contact you to request you pay the arrears. You will receive three weekly warnings. If you still fail to make payment the Site will be suspended and the amount due for the whole of the minimum term will fall due along with any interest accrued in accordance with Clause 8.5.
16.4 On termination of this agreement all licences granted by us under this agreement shall terminate immediately.
16.5 On expiry or termination of this agreement otherwise than on termination by us under Clause 16.2 we shall provide to you a static copy of the Site ("Site Rip") if requested by you before the Termination Date. If you request a Site Rip on or after the Termination Date you will incur an administration fee of £50 plus VAT (GBP) / €70 (Euros) provided that no more than 6 calendar months have passed and you have not instructed us to delete the Site data. If more than 6 months have passed or you have instructed us to delete the Site data then a Site Rip cannot be supplied. The Site Rip shall copy the Site's data at that time of the request so shall not include previously deleted content or data. You accept that any dynamic functionality will not be present in the Site Rip, including but not limited to form, editing and e-commerce functionality.
16.6 On termination of this agreement any amounts due to third party suppliers for their services as will be listed in the Order Specification or that have been expressed to you throughout the course of the agreement will fall due directly from you.
16.7 Upon payment of an administration fee of £20 plus VAT (GBP) / €30 (Euros), we agree to transfer control of your domain names to a registrar nominated by you. We will not renew any registration of any domain name after cancellation, and you note that failure to nominate a registrar will lead to the expiry of the domain names concerned. Domain names are registered for a minimum of 12 months from the date of registration. Should you request that we cancel a domain name or transfer control of a domain to another registrar before the end of the minimum term, your remaining payments for the domain name will become due immediately.
16.9 Site data will be held for a period of 6 calendar months following termination unless you instruct us to delete the Site data. The Site data shall be a copy the Site's data at that time the contract was terminated so shall not include previously deleted content or data.
16.10 On expiry or termination of this agreement, all provisions of this agreement shall cease to have effect, except that any provision which can reasonably be inferred as continuing or is expressly stated to continue shall continue in full force and effect.
17.1 Any request to change the scope of the Services will need to be agreed. Any work required to change the scope will need to be reviewed and any additional costs will be agreed separately on a case by case basis.
18.1 Force Majeure Event means any circumstance not within a party's reasonable control including, without limitation:
(a) acts of God, flood, drought, earthquake or other natural disaster;
(b) epidemic or pandemic;
(c) terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations;
(d) any law or any action taken by a government or public authority, including without limitation imposing an export or import restriction, quota or prohibition;
(e) collapse of buildings, fire, explosion or accident;
(f) interruption or failure of utility service.
18.2 Provided it has complied with Clause 18.4, if a party is prevented, hindered or delayed in or from performing any of its obligations under this agreement by a Force Majeure Event (Affected Party), the Affected Party shall not be in breach of this agreement or otherwise liable for any such failure or delay in the performance of such obligations. The time for performance of such obligations shall be extended accordingly.
18.3 The corresponding obligations of the other party will be suspended, and its time for performance of such obligations extended, to the same extent as those of the Affected Party.
18.4 The Affected Party shall:
(a) as soon as reasonably practicable after the start of the Force Majeure Event but no later than 14 days from its start, notify the other party in writing of the Force Majeure Event, the date on which it started, its likely or potential duration, and the effect of the Force Majeure Event on its ability to perform any of its obligations under the agreement; and
(b) use all reasonable endeavours to mitigate the effect of the Force Majeure Event on the performance of its obligations.
18.5 If the Force Majeure Event prevents, hinders or delays the Affected Party's performance of its obligations for a continuous period of more than 2 months the party not affected by the Force Majeure Event may terminate this agreement by giving 1 written notice to the Affected Party.
19.1 Each party shall protect the Confidential Information of the other party against unauthorised disclosure by using the same degree of care as it takes to preserve and safeguard its own confidential information of a similar nature, being at least a reasonable degree of care.
19.2 Confidential Information may be disclosed by the receiving party to its employees, affiliates and professional advisers, provided that the recipient is bound in writing to maintain the confidentiality of the Confidential Information received.
19.3 The obligations set out in this Clause 19 shall not apply to Confidential Information which the receiving party can demonstrate:
(a) is or has become publicly known other than through breach of this Clause 19; or
(b) was in possession of the receiving party prior to disclosure by the other party; or
(c) was received by the receiving party from an independent third party who has full right of disclosure; or
(d) was independently developed by the receiving party; or
(e) was required to be disclosed by a governmental authority, stock exchange or regulatory body, provided that the party subject to such requirement to disclose gives the other party prompt written notice of the requirement.
19.4 The obligations of confidentiality in this Clause 19 shall not be affected by the expiry or termination of this agreement.
20.1 Any notice or other communication given to a party under or in connection with this contract shall be in writing and shall be:
(a) delivered by hand or by pre-paid first-class post or other next working day delivery service at its registered office (if a company) or its principal place of business (in any other case); or
(b) sent by email to the address specified in the Order Specification.
20.2 Any notice or communication shall be deemed to have been received:
(a) if delivered by hand, on signature of a delivery receipt or at the time the notice is left at the proper address;
(b) if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the second Business Day after posting or at the time recorded by the delivery service; and
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Ultimate Hurt is a cost-efficient, multi-functional and realistic training manikin
- Airway management, trauma assessment and extrication skills can all be taught.
- The manikin comes with a wide range of trauma wound modules and three interchangeable heads to enhance scenarios.
- Superior realism of multiple facial and cranial fractures module permits assessment of traumatic head injuries
- Realistic articulation for application of cervical collars, splints and traction or for use of a spineboard.
Designed to be durable, rugged and portable for field training exercises
- The quality construction and materials allow the manikin to be used in extrication and triage exercises.
- Full-body carry case is provided for ease of storage and transportation.
An adaptable manikin platform allows for flexible and effective education
To add additional realism to training, modules such as Nuclear, Biological, Chemical Simulation and Bleeding Control can be used with the Ultimate Hurt.
Three interchangeable heads can be used:
- Standard intubation head - Allows for airway management by manual maneuvers and various airway devices.
- Trauma intubation head - Has an impaled object in the cheek, avulsed ear, unequal pupils, broken teeth, and multiple lacerations.
- Mr. Hurt Head - Facilitates facial and cranial trauma assessment including an open depressed skull fracture, deviated trachea, bilateral mandible fractures, and fracture of the C6 vertebrae.
Trauma wound modules allow trainers to adapt training to a variety of situations. Modules included are:
Sucking chest wound |
Burn arm with 1st, 2nd and 3rd degree burns |
Compound fracture radius |
Industrial hand |
Exposed viscera |
Large and small caliber entry and exit wounds |
Impaled Object |
Compound fracture femur |
Closed fracture tibia and fibula |
Contused ankle and foot |
Crushed foot |


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The Unraveling of National Prohibition
A series of blows began to rain down on the League's head. Congress began an investigation of the League's financial records. Wayne Wheeler died abruptly leaving a huge vacuum in the League's Washington lobby. William H. Anderson, the New York League superintendent, was convicted of criminal activity in regard to League funds and sentenced to time in prison.
The League had expected money to continue rolling into its coffers after the 18th Amendment was passed. However, the churches and their constituencies viewed the battle as won and did not see the need for the same rate of giving as in the past. Wealthy backers, the Rockefellers and S.S. Kresge, unhappy with the tone of the enforcement policies of the League and the changing sentiment of the country, stopped contributions.
John D. Rockefeller Jr. went so far as to express his dissatisfaction publicly in a letter to the platform committee of the Republican Convention of 1932. He said, "many of our best citizens... have openly and unabashed(sic) disregarded the Eighteenth Amendment; that as an inevitable result respect for all law has been greatly lessened; that crime has increased to a unprecedented degree..."
The onset of the Great Depression turned the tide on the alcohol question much as World War I had a decade earlier. Cries for the employment and tax revenue opportunities provided by legal alcohol sales struck a chord with a citizenry weary from economic stress. The League still trying to hold its own attempted to refute the economic arguments for repeal of the 18th amendment to little avail. By 1932, both political parties had a repeal plank in their platforms and the end of the dry era in America was at hand.
One month after Franklin Delano Roosevelt's election as president of the United States, the 21st amendment to the constitution to repeal Prohibition was introduced in Congress. Only a year passed before the required 36 states ratified the repeal amendment. On December 5, 1933 the Prohibition experiment ended.
That afternoon on CBS radio, Howard Hyde Russell, 78-year-old founder of the League offered the League's response to this turn of events. He said, "This is no dry funeral; only a period of mistaken public opinion, warped and twisted by the conspiracy of a 'refuge of lies,' of false propaganda and political party duress... the question is What shall drys do next?... If we cannot get the whole loaf, we accept a half loaf, a slice, crust or crumb...".
About the League
Museum Hours
Monday-Saturday: 9am-6pm
Closed on Saturday: 1-2pm
Closed on Sunday


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Bracelets Eclat
Eclat bracelet medium model
2935 €
ECLAT is the Art deco collection of Maison KORLOFF. It is inspired by the "Pyramide du Louvre" to which it owes its architectural and graphic lines. The modernity and unique brilliance of each piece pay tribute to this emblematic monument of the French capital. The pieces are available in pink gold or white gold paved with diamonds. All of our diamonds comply with the Kimberley process. Please note that the number of stones, carat weight and dimensions of our pieces may vary depending on their size. Please contact us for further information.
pink gold 750/1000
13 diamonds 0.20ct


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Steve Austin Broken Skull IPA - El Segundo Brewing - 16 oz can
Regular price
Style: American IPA
Please note that all alcohol sales require a valid ID at pickup time, and the ID must match the name on your order. Age 21 and up only, the sale of alcohol to minors is prohibited. Please bring your order email receipt with you to expedite your pickup service.
Sales will be voided and no refund offered if the ID is not valid, if the purchaser is found to be under 21 years of age, or is intoxicated.
All purchased beer is available for pick up at High Altitude Home Brew Supply and Bottle Shop located at 2710 N Steves Blvd Suite H. Pick up hours are from 10:30 AM - 5:45 PM Monday-Saturday.
Accepted forms of ID: Driver license, State-issued Identification cards, Military Identification Cards, U.S. Passport, or U.S. Immigration cards.


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Where did I get this art?
Chronicles of an art-buying adventure in Asia...
Here's a typical art-buying trip that extended through thousands of miles of China (You can look at the bright green line on the map to the left). After a quick trip to South Korea, my real travel begins in Beijing with a train ride through Inner Mongolia, only to find that art is not abundant there, but ice and cold weather certainly are.
Map of My Art-Buying Travels in Asia
(My futile effort to make Marco Polo jealous)
Trips before 2004 are shown in red.
Latest trips & common routes are shown in other colors.
Heading south, though Ningxia Province, I stop in a little town called Zhongwei, where I meet one of the top Chinese calligraphers in the world. Meaning to only spend a day or two in this town, I spend the better part of a week with this talented calligrapher with lots of meals, tea, beer.
My next stop finds me tooling around a dune-filled desert on a camel. I think the jeep option would have been better.
Heading further south, I stop in Baoji in the Shaanxi Province, only to find an industrial city, devoid of art, although I am able to pick up a few traditional "wood rubbings" from an artist in a village outside of town.
Time to go again, and with the purchase of another train ticket, I make my way to Sichuan Province. The home of the spiciest Chinese food on the planet. The kind of food that will burn holes in your stomach. If you come to Sichuan with ulcers, the food here will either weld your ulcers shut, or kill you.
My first stop in Sichuan is another dead end, but my second stop is Chengdu, the capital of Sichuan. I find that artists are multiplying in Chengdu, and perhaps there are twice as many artists to meet here now than there were just 9 months ago on my last trip.
With a belly full of spicy food, and a backpack full of thousands of dollars of Chinese art, I head east via long-distance bus to Chongqing (you might know it as Chung King). A huge metropolitan area that has collided with the villages around it. Again a dead end, but interesting to see old clash with new, as skyscrapers rise in the shadow of shacks and homes that are hundreds of years old.
I am torn in Chongqing as to where I should go next. I think about flying to Guilin, but am suddenly struck with an idea to grab a riverboat and head down the Long River (or "Chang Jiang" which means "Long River" in Chinese - often known as the "Yangtze" in the west, though the "Yangtze" or "Yangzi" is just one section of the Long River), and see the Three Gorges before the largest dam project in the world seals them under water forever.
Somewhere on the Yangtze river in China,
A stowaway on a Communist Government ship...
I donned my Chinese Army jacket, hoping to blend in...
...but I wasn't fooling anyone.
One look at me, and you know that I am certainly not a Chinese soldier.
I got a lot of stares from the crew, but they all knew that I had bribed one of the deck officers to get on board,
so there was nothing they could do about it.
The load on my back is getting heavy, and that is no way to travel on small boats and ships as you journey by the seat of your pants down river. So, I send two heavy boxes of Chinese art back to my partner Sandy in Beijing via "rail freight".
Hopping from boat to boat for 4 days, I make my way down the river. Even bribing my way onto a very small ship that was apparently operated by the Chinese Navy.
Past what will be the largest dam in the world when fully operational in 2009, I arrive in Yichang, which is not far from Wuhan, in Hubei Province.
The train and air travel from Yichang is limited, and I can not go directly to my next destination, I head to Shanghai, a wild city, and one of the most expensive places in all of China.
Shanghai is like no place on earth. Walk down one street and you will be greeted with the sight of 100 pair of underwear hanging from an apartment building to dry. Cross the river to Pudong, and only the glass and steel of modern skyscrapers fill your eyes.
I have a few friends in Shanghai who treat me like family, and take me for a night on the town. Great little rock bands complete with go-go dancers occupy almost every bar and club. It is enough to feel like Dorothy in the Wizard of Oz... ...I don't think I'm in China anymore...
With the crazy lifestyle of Shanghai behind me, I head to Jinan, in Shandong Province where I meet many artists. Of more than 30 artist's studios that I visit, I pick only 5 artists whose work is of the quality and style that I am looking for.
After several days in Jinan, and with a backpack heavy with art, I head home to Beijing, where all of the art that I have purchased during my trip will be mounted to create wonderful portraits and scrolls.
Click here to learn more about us and the origin of this art


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Losing their lifeline - 7,000 a day
As the Senate debates whether to extend unemployment benefits, more than 200,000 jobless Americans are set to see their checks stop in October.
NEW YORK (CNNMoney.com) -- Another day, another 7,000 people run out of unemployment benefits.
One month after the House passed a bill extending unemployment benefits, the issue is still being debated in the Senate.
Democratic leaders in the Senate introduced a bill two weeks ago to lengthen benefits in all states by 14 weeks. Those that live in states with unemployment greater than 8.5% would receive an additional six weeks.
Senate Republicans want to add several amendments, including one that would pay for the extra benefits with stimulus funds rather than by extending a federal unemployment tax.
While leaders in both parties are trying to negotiate a compromise, Senate Democrats Wednesday took a step to bring the bill to the floor as early as the end of next week. If it passes, the Senate legislation must then be reconciled with the House version, which extends benefits by 13 weeks in high-unemployment states.
Meanwhile, the bickering has cost people like Crystal Jordan of Dolton, Ill., their benefits. The single mother of three ran out in late September.
She is one of the 1.3 million people set to lose their benefits before year's end if Congress doesn't act, according to the National Employment Law Project, an advocacy group. In October alone, more than 200,000 people will fall off the rolls.
Lawmakers twice lengthened the time people can receive checks to as much as 79 weeks, depending on the state.
Jordan lost her administrative support job in the spring of 2008. She had never been unemployed before and hasn't been able to find work since, despite sending out 10 resumes a day.
Jordan is also finishing her bachelor's degree in business management. She hopes that will give her the edge she needs to find a job in 2010.
The $1,000 check she received every two weeks allowed her to pay the rent and feed her family. Now, she doesn't know how she'll cover next month's bills.
"I am fearful we will all end up on the street because I can't find a job and have no income," Jordan said. "Everyone's household is extremely tight at the moment so I cannot lean on friends or family for any support."
More Americans than ever before are in Jordan's situation. More than one in three people who are unemployed have been out of work for at least six months, according to the law project. The unemployment rate hit a 26-year high of 9.8% in September.
"We're talking about people who've been unemployed for well over a year," said Judy Conti, federal advocacy coordinator at the law project. "If they had savings, it's gone. This is their last lifeline."
Gregg Rock, a business strategy consultant, drained his savings after joining the ranks of the unemployed in summer 2008. He was forced to move back to his mother's home in Huntington, N.Y., for the first time in more than 20 years.
With so many people looking for work, Rock feels his best chance is land a new job is through networking. But it costs him $18 just to trek into Manhattan, not to mention $4 for a cup of coffee at Starbucks, where he often meets people who he hopes will lead him to a job.
Rock's benefits ran out last week. Now, he says, he'll be forced to drive a cab at night or take a bartending job just to earn enough to keep job hunting.
"Unemployment is what allows you to afford to be out there networking," Rock said.


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As many around the world have now seen or heard, Senator Kamala Harris, Democrat of California, was interrupted for the second time in a week by her male colleagues, and called "hysterical" for behavior that is clearly, undeniably not hysterical but forceful and assertive.
As one who coaches and trains hundreds of mid- to senior-level professional women every year, I can assure you that this is not an isolated experience – it's a widespread global phenomenon. In my own professional life, I was hired at the level of vice president in a male-dominated organization, and I experienced being demeaned and negatively punished for being forceful and firm. In fact, throughout my 18 years in corporate life, there were numerous experiences of this. I'd been called a "buzz saw" for getting things done expeditiously, a "bitch" for being forceful, and other choice (negative) words for assertive behavior that was applauded and even rewarded in my male colleagues.
At the root of this phenomenon is unconscious and conscious gender bias against commanding women, and surprisingly, it exists in both men and women. What has played out on our nation's stage is a prime example of a forceful woman being shut down by male colleagues, and treated almost as if she's a naughty, misbehaving child who needs reprimanding and scolding.
I've studied and worked with communications patterns, power dynamics, hierarchy and structures of relationships and other communication issues since I began my master's studies and training as a marriage and family therapist in 2002. Since that time, my eyes have been opened about the deep, unconscious bias both men and women harbor against women who are assertive and confident.
Below is what is critical to examine and explore in our society and our own behavior that is at the root of what happened to Ms. Harris:
1) There is undeniably significant unconscious gender bias in our society
There is indeed a great deal of unconscious gender bias with regard to how society views strong, authoritative women. Often, women are punished by our society and in their roles in leadership and management for speaking in confident ways. And they are perceived far more negatively than men for communicating in the same forceful way and manner as men do. This unconscious bias against women exists in both men and women.
In my Forbes.com interview with behavioral science researchers Joseph Grenny and David Maxfield, they share their research on this exact issue. As the interview states:
A new study by New York Times bestselling authors, Joseph Grenny and David Maxfield revealed that gender bias in the workplace is real, finding that women's perceived competency drops by 35% and their perceived worth falls by $15,088 when they are judged as being "forceful" or "assertive." Compare this with the drops in competency and worth that men experience when being judged as forceful: their competency drops by 22% and their worth falls by $6,547. This significant difference reveals a true gender bias that prohibits women from succeeding fully in leadership and management roles where assertiveness is, of course, a crucial behavior.
I discuss these issues too in my recent TEDx talk "Time to Brave Up" about how women, while discouraged and punished when speaking up, need to learn how to advocate for themselves more powerfully if they wish to build the leadership, management and political influence they desire and deserve.
We collectively need to recognize and understand unconscious bias, and we each need to be more aware of the biases we harbor. And women need to understand that, while there will continue to be negative backlash when they behave assertively, they cannot stop or change their behavior to avoid it. They need to continue speaking up and advocating with self-assuredness and authority, in order for the world to change.
Other studies have shown that success and likability are positively correlated for men and negatively correlated for women. Research has confirmed that the more successful a woman is perceived today, the less she is liked. Sheryl Sandberg's now well-known talk explores this issue.
In her talk, Ms. Sandberg mentions a Harvard Business Review study from a number of years ago. Students in a Harvard class were divided into two groups. Both groups were given an identical case study about a real life entrepreneur and described how this individual had achieved great success as a venture capitalist by using their outgoing personality and networking skills. For one group, the bio indicated the name Heidi Roizen, but for the other group, the bio was associated with a male - Howard Roizen. The text was identical for both groups, except for the name change.
The results showed that the male version was received more positively in terms of likability, even though the description was exactly the same.
2) Women being labeled "hysterical" for forceful communication
This is a powerful example of unconscious bias – Ms. Harris' behavior here is not "hysterical" by any stretch, but it is forceful. (Take a look for yourself.) It seems that people have equated forcefulness as "hysteria" in women and women have been shushed, scolded and silenced throughout history.
For this negative, biased phenomenon to change, we each have to do what is necessary to question our own thoughts and assumptions when it comes to judging behavior. We need to stop in our tracks before attacking or judging someone for their actions, and "Flip It To Test It" (#FlipItToTestIt). We need to evaluate if we would be making these same judgments and impugning the behavior in the same way if it were another gender engaging in it. In other words, would we ever call a man "hysterical" for communicating the way Senator Harris did? I'm sure not. (Here's more about unconscious gender bias and the need to "flip it to test it.")
3) What we personally think about Ms. Harris's communication style is irrelevant to the question of "Are we biased against women who are forceful?"
Finally, while we might not each personally agree with, like or be comfortable with Ms. Harris's style of questioning, the key issue we need to focus on is not our comfort with it, but how our society tends to judge women significantly more negatively than men when they're engaging in the same type of behavior.
Read the original article on Forbes.


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It's been 8 months since I last posted. I'm too busy to maintain a blog and it doesn't really serve me in the same ways anymore. My blogging energy goes into the Organic Armor blog. I use my Facebook page for occasional action alerts and to share interesting links.
So, in the next month,Truffulatuft blog is going bye-bye. I've been writing it since Dec. 5, 2003. Wow, almost 7 years. Thanks for bothering to read my rants and musings. Thanks for the encouragement over the years. You never know, it may be resurrected one day with a new purpose.
I'll close with the immortal words of Dr. Suess, first written in 1971 in The Lorax, and still quite relevant:
"But now," says the Once-ler,
"Now that you're here,
the word of the Lorax seems perfectly clear.
UNLESS someone like you
cares a whole awful lot,
nothing is going to get better.
It's not.
Catch!" calls the Once-ler.
He lets something fall.
"It's a Truffula Seed.
It's the last one of all!
You're in charge of the last of the Truffula Seeds.
And Truffula Trees are what everyone needs.
Plant a new Truffula.Treat it with care.
Give it clean water. And feed it fresh air.
Grow a forest. Protect it from axes that hack.
Then the Lorax
and all of his friends
may come back."