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Enter your shipping address and get your free STRIKEPEN™ – The STRIKEPEN™ makes for the perfect self-defense tool: It's discreet, compact and easy to carry yet is solid enough to pack a brutal blow that will knockout any opponent. Plus, it's a fully functional pen you're going to use every day.
Free Business Cards Online print shop for all your business needs. We offer you the most convenient way to get high quality business cards, and we give them to you FREE. The lowest prices on custom business printing guaranteed. High quality paper, business cards, brochures, envelopes, letterhead, stationery, invitations, online printing, and much more at unbeatable prices! So why hassle with a print shop when you can order your free business cards without leaving home? Why pay high prices? And why settle for printing your business cards at home in one or two color when you can get professionally printed, full-color business cards for free?
When you think about business colors, you automatically think about black, white, and other neutral colors. This is because these colors look serious. And in business, everybody wants to be taken seriously. You can observe this in business suits, office colors, and business cards. For business cards, what you normally see are black and white business cards. This is the standard color scheme used. Sure, they look very business-like but they are just like the rest. They will not stand out or get noticed, which is what you want for your business in the first place. Standard colors are probably okay for businesses that are already known, but not for businesses that are just starting to establish their names.
If you just started a business, it is better to use full color business cards. There are several reasons why you should use colored business cards rather than plain black and white. Here are the reasons why.
• Like what was mentioned earlier, business cards that use different colors other than black and white will stand out. When you open your wallet, you will immediately notice a colored business card in the sea of black and white cards. That is why using a colored business card is a great way to make other people notice or know about your business.
• Another reason why you should choose a colored business card is because it shows how much effort you have put into creating your business cards. This just shows how dedicated you are as a businessman. People or potential customers will like it when the person they are dealing with shows dedication because it means that he is someone who will also be dedicated in his dealings and undertakings.
• This will also show your creativity. Business should not just be about serious matters. It should also include creativity and imagination, especially on the marketing side. A business person who shows creativity even in small things like creating full color business cards is someone who will also be creative in business strategies and problem solving.
• Using colors when printing free business cards allows you to present your logos or brands correctly. It is important to print out your logos or brands in their original colors, not just black and white. This will let other people recognize your company easily. Unless you are a well-known company, you should introduce your logos and brands in their original colors.
• Using colored business cards also allows other people to remember your company easily. Imagine if a person saw your company's logo. He will instantly remember the colored business card inside his wallet. He will say "That is the company with the cool business card" or something like that. And as you know, retention is important in marketing. That is why you should try your best to make other people remember your company by using unique marketing strategies.
These are some reasons why you should use colored free business cards. If you have a new business, you should also think about using this strategy so that other people will know and remember your company.


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WASHINGTON — CIA Deputy Director Michael Morell is stepping down and being replaced by White House lawyer Avril Haines, who will be the first woman to hold the post.
When President Barack Obama named a successor to former CIA Director David Petraeus in January, Morell was passed over in favor of the White House counterterrorism adviser, John Brennan. Morell had been acting director since Petraeus' resignation.
Morell, 54, announced his retirement Wednesday, saying he will leave his CIA post Aug. 9. The White House announced he has been appointed to the President's Intelligence Advisory Board, a group of mostly retired intelligence officers who advise the president on intelligence policy.
"While I have given everything I have to the Central Intelligence Agency and its vital mission for a third of a century, it is now time for me to give everything I have to my family," Morell said in a statement released Wednesday by the agency.
Morell is retiring after 33 years at the CIA, including two stints as acting director — during the last stint he managed the fallout inside the agency after Petraeus resigned over an extramarital affair. Morell ordered an internal investigation into his former boss' conduct that is ongoing.
"I was most looking forward to ... the opportunity to work side-by-side once again with Michael Morell," said Brennan, noting that they'd begun their careers at the CIA in 1980. "As much as I would selfishly like to keep Michael right where he is for as long as possible, he has decided to retire to spend more time with his family and to pursue other professional opportunities."
Haines, 43, has been a White House deputy assistant and deputy counsel for national security affairs since 2010. Before that, she was assistant legal adviser for treaty affairs at the State Department, according to a White House statement.
Haines had been nominated to serve as the State Department's legal adviser earlier this year, but Brennan chose her for the deputy post when Morell made clear that he was retiring.
Brennan said that Haines had participated in virtually every senior-level meeting at the president's National Security Council over the past two years and chairs the White House legal team that reviews the CIA's most sensitive programs.
"In every instance, Avril's command of substance, sense of mission, good judgment, and keen insights have been outstanding," Brennan said in his statement announcing the personnel changes.
Morell bore the brunt of defending before Congress the CIA's performance after the attack on the diplomatic outpost in Benghazi, Libya, last September, which killed the U.S. ambassador and three other Americans.
"Each time, his testimony has been thorough and forthright," said the top Democrat on the House Intelligence Committee, Rep. C.A. Dutch Ruppersberger of Maryland.
Morell did the final edit of the controversial "talking points" memo meant to describe to the public what happened in that attack. Emails exchanged by administration officials that week show Morell deleted references to the CIA warning the State Department of previous militant attacks in Benghazi.
U.N. Ambassador Susan Rice used those notes on Sunday talk shows, triggering a controversy in which House Republicans accuse the administration of covering up any connections to terror groups in the attack during the presidential campaign.
Rice was named national security adviser last week, replacing long-serving staffer Tom Donilon as part of the Obama administration's second-term turnover of its national security team.
Morell also put himself on a political collision course with the White House and top Democrats on the Senate Intelligence Committee by publicly defending the results of harsh CIA interrogation techniques like waterboarding while not defending the techniques themselves. Morell had said in a statement to CIA employees that while the film "Zero Dark Thirty" was wrong to depict harsh techniques as key to finding Osama bin Laden, those interrogations did produce some useful intelligence.
"Some came from detainees subjected to enhanced techniques, but there were many other sources as well," Morell said.
A Senate Intelligence Committee investigation into the CIA's detainee interrogation program completed last December concluded that interrogation methods such as waterboarding, which simulates drowning, produced no useful intelligence. And Morell's new boss, Brennan, told lawmakers during his confirmation hearing that after reading a summary of that report, he is now not sure those techniques produced any useful information.
Brennan further called the use of such techniques during the George W. Bush administration "something that is reprehensible and should never be done again."
Morell's defense of the program won him many backers at agency headquarters at Langley, Va.
"Morell is beloved in the building," former House Intelligence Committee member Jane Harman said Wednesday. "But it will be nice to have a woman in the job."

subset: commoncrawl


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Conclusion Statement
Weight loss in older adults has been associated with an increased risk of mortality, but because most studies have not differentiated between intentional vs. unintentional weight loss, recommending intentional weight loss has not been possible. Recently, however, moderate evidence of a reduced risk of mortality with intentional weight loss in older persons has been published. Intentional weight loss among overweight and obese older adults, therefore, is recommended. In addition, with regard to morbidity, moderate evidence suggests that intentional weight loss in older adults has been associated with reduced development of type 2 diabetes and improved cardiovascular risk factors. There are insufficient data on cancer to come to a conclusion. Weight gain produces increased risk for several health outcomes.
2010 DGAC Grade: Moderate


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It's time to empty your handbags! This fun Bridal Shower game gets the deepest pockets of your purses out on the table. Keep a tally of which items you have, and the person with the most points wins. A great party game for getting everyone involved.
You will receive a zip file with the following:
1 High resolution JPEG sized 8.5" x 11"
1 High resolution PDF sized 8.5" x 11"
1 High resolution JPEG sized 8.5" x 11" with 2x 5" x 7" per page
1 High resolution PDF sized 8.5" x 11" with 2x 5" x 7" per page
Click here to shop our matching Bridal Shower Blush & Gold items
How to use
1. Select "Add to Cart" and purchase your files.
2. Within a few minutes of placing your order, you will receive an e-mail to the address you have associated with your account with a link for your download.
3. Download the files and simply print your items at home or with a local print shop.
4. Have a great Bridal Shower!
Thanks for subscribing!
This email has been registered!


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South Africa
Using the hands to create, care and share is the ethos behind this amazing organisation and their products.
These stunning bags are made by women working from home using traditional skills such a weaving and beadwork.The women work around their daily chores, and also teach their skills to the younger generation, as well as learn new skills such as working with fabric. As the skill set and confidence of the artisans grow, the products become more intricate and unique. These bags are the result of more then 9 years of creating, learning, designing and coming together to make a vision a reality.
The sale of these gorgeous and colourful bags supports the local communities through a feeding scheme, aid for those suffering with illness, a small creche, and more.


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Listed below is our current range of torso's for hire. Once you've found the mannequin(s) you wish to hire, please take note of the product code and contact us to confirm availability and to arrange payment. If you can't find exactly what you're after, please contact us as we may be able to source it for you.
All rental rates, both short and long term, are on the main for hire page.


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Keurig Special Edition B60 Coffee Brewer
Cold coffee, old coffee, cooked coffee, burnt coffee—all of this is over with this single kitchen necessity, which uses tiny, individually wrapped pods to brew every cup to order. Sure, it's not exactly green (and the cost of those pods adds up), but, if you compare it with the wasted money, energy, and time of multiple Starbucks runs, you might come out ahead ➤ $139.99 at Chef Central in Hartsdale
Wallee iPad Wall Mount This tidy clip and case system lets you safely hang your iPad anywhere, from the front of your cabinets to right over your baking counter. Have eGullet, Chowhound, and Epicurious always on hand (or keep your manicure pristine and simply use it to manage OpenTable reservations). We like the looks of Wallee's sleek shell—which comes in black, white, blue, gray, and orange—and love that it also works as a protective case. A word to the wise? Buy an extra mount (only $10) and hang your iPad at the foot of your bath. Aaaaaahh ➤ $48 at thewallee.com |
The Essential New York Times Cookbook by Amanda Hesser It's tome time again! Every few years, one of those "essential" cookbooks emerges, introducing cooks to the recipe resource that they use for years (and wouldn't part with for the world). What we love about Hesser's innovation—she's taking over for the dear, departed Craig Claiborne—is that the thousands of recipes included here are all printed alongside their date of origin. You'll get to see what rated as haute cuisine circa 1907, and relive the tastes of your childhood. Just remember that you'll be dating yourself when you page to tuna noodle casserole, fiesta dip, or fettuccine Alfredo ➤ $40 at Anderson's Book Store in Larchmont |
GelPro Anti-Fatigue Mat That polished concrete floor sounded like such a good idea at the time, but 100 back, foot, and knee aches later, you're questioning your wisdom. A bouncy GelPro mat makes any stony floor more humane, plus spills clean up easily with only the swipe of a sponge (and just try that with a rug). The mats are available in multiple colors, sizes, and textures, and can be chosen to blend—or pop—with any flooring material ➤ $69.95-$1,099.95 at Chef Central in Hartsdale or gelpro.com |
The Smoking Gun Handheld Smoker You've coveted this tiny, handheld cold smoker for a while, and now it can be yours. Use it to add smoky flavor to just about anything, including butter, raw oysters, and even salads. It requires no special ventilation (it doesn't even need a plug), and runs on four AA batteries and only a pinch of sawdust (available from the manufacturer). Unsurprisingly, The Smoking Gun comes from the minds of PolyScience, the pet gadget whizzes of leading molecular gastronomists like Grant Achatz ➤ $99.95 at cuisnetechnology.com |
Tapmaster Hands-Free Faucet Controls Raw chicken hands. Need we say more? This nearly invisible plumbing device is a cult item among foodies like Ted Allen, who appreciate the Tapmaster for its elimination of kitchen cross-contamination. Its basic pedal or knee-lever controls require no tweaky electronics, and, though it was developed for hospitals and institutional cooking applications, it works equally well at home. Have a plumber add the controls to your existing kitchen faucet, and you'll never again have to operate a sink with only your elbows. ➤ $300 – $550, depending on model at tapmaster.ca/ |


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The Freedom From Religion Foundation filed a lawsuit today in U.S. District Court for the Western District of Pennsylvania in Pittsburgh against the Connellsville Area School District for maintaining a Ten Commandments momument at the Connellsville, Pa., Junior High School.
FFRF, on behalf of local plaintiffs "Doe 4" and "Doe 5," seeks a declaration that the display is unconstitutional and an injunction requiring it to be moved, nominal damages and attorneys' fees and costs.
The state/church watchdog filed a similar suit Sept. 14 against the New Kensington-Arnold School District for maintaining a Ten Commandments monument at Valley High School in New Kensington, Pa.
FFRF is a Madison, Wis.-based nonprofit membership organization with 18,500 nonreligious members, including about 675 in Pennsylvania.
The monument, which is between 5 and 6 feet tall, is near the main entrance by the Junior High auditorium. When the Fraternal Order of Eagles donated the monument in 1957, the building was the high school.
The complaint states that the continued presence of the Ten Commandments on district property is an unconstitutional advancement and endorsement of religion. The complaint also notes that the display "lacks any secular purpose," citing Stone v. Graham, a 1980 Supreme Court decision which ruled the Ten Commandments may not be posted in public school classrooms, because "The pre-eminent purpose" for doing so "is plainly religious in nature."
Pittsburgh-based attorney Marcus Schneider represents the plaintiffs. He wrote to Superintendent Dan Lujetic on Aug. 29 demanding that the district "permanently remove the Ten Commandments monument from school property" and provide notice of removal to Schneider by Sept. 7 or FFRF would file suit.
The district promptly contacted Schneider, agreeing to remove the marker. It was first covered with plastic and later with plywood, although vandals apparently removed both materials several times.
After at least two rallies were held in favor of keeping the momument and intense public pressure, the school board voted Sept. 12 to "delay any further action concerning moving the monument from its current location . . . until further notice and pending further legal action."
On Sept. 14, a large wooden box was used to cover the entire monument.
"The indefinite covering of the highly conspicuous Ten Commandments monument has neither remedied the impermissible coercion that Plaintiffs previously endured, nor has it had the effect of squelching the message of religious endorsement that the district continues to send," the complaint noted.
Doe 5 is an atheist and member of FFRF who views the monument as usurpation of parental rights and who does "not subscribe to the religious statements that are inscribed on the monument." Her child, Doe 4, attends the junior high school and comes in regular contact with the prominent monument. It is within view of students boarding or exiting school buses and participating in outdoor gym classes.
The complaint notes: "FFRF and Doe 5 contend that a public school district has no right to instruct its captive audience of impressionable students on which god to have, how many gods to have, or whether to have any gods at all."


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Chic Custom Pillows
It's no secret that I'm digging animal accents for 2013 (just check out the DHome and Shoebox Decor articles) and I am so excited to finally share these custom Belgian Nubby Linen pillows with the embroidered rams head.
First, a little background info about this project. The concept was directly inspired by the client's zodiac sign, aries. She has a few special pieces of jewelry and accessories that she's collected over the years. We though it would be fun to incorporate this into the space, but didn't want it to scream "zodiac sign."
The custom-made pillows from Ankasa used a special embroidery technique to create the stunning 3D effect. These are the initial sketches of the concept for the pillows. Pictured below is the strike off that we approved for the final design.
And here's the finished product: a chic interpretation of the aries sign. I love how this represents something near and dear to the client's heart and creates a one-of-a-kind animal accent (one of my very favorite trends for 2013).


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DARE Newsletter, Vol. 13, No. 4, Fall 2010
(Dictionary of American Regional English, 2010)
Contents: "DARE in the News" by Joan Houston Hall; "DARE to Be Finished--Maybe Next Year" by Dale Buss; "Funding Update" by Jon E. Sorenson; "Coming in Volume V"; "How to Speak American" by Joan Houston Hall; "DARE Board ...


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Location | |
105 E Street, Suite 2C Davis, Ca 95616 | |
Shop and Showroom Hours | |
By Appointment | |
Mobile Service and other times are available by appointment. | |
Phone | |
(530)750-2739 | |
(530)475-2739 After Hours | |
Web Site | |
Facebook Page | |
APEX Cycles Facebook Page | |
email@example.com | |
Owner(s) | |
Aaron.Curtin and Family (Princess, 'lil Aaron & Alex) | |
Established | |
Home Business 2003, Shop 2006 | |
Payment Method | |
Cash, Check, Venmo, all Major CC's, Paypal, Davis Dollars | |
Services Offered | |
Tune Up Price Chart |
APEX Cycles & Service is a locally owned bike shop with the goal of keeping your bike on the road while saving you money. They are one of the only local shops to offer Student Discounts and Team Discounts. They are a proud sponsor of davisfixed, the Davis Bike Club and the Cal Aggie Cycling Team.
If you can't get your bike downtown, for a nominal fee, they provide Mobile Service & BIKE PICK-UP/DROP OFF, the only full service shop in town to do so.
"Don't let our small size fool you. We fix just about anything from old 3spd cruisers to full carbon TT bikes. We can get everything from 8spd freewheels to Zipp carbon wheels. If you need threads cut or chased, we are one of only 2 shops in town that have the proper tools to do the work... but at least we'll do it right the first time... Guaranteed." —Aaron.Curtin
They will work with almost any budget, to get you riding. If lack of money is a problem, they have some USED parts available or you can volunteer your time in the shop in exchange for labor credit. If you're nice enough, Aaron has been know to let you "buy now and pay later" with only a handshake.
They have all kinds of goodies for your bike. If you don't see it there, just ask, and Aaron will be happy to find it for you.
They are the only AEROSPOKE dealer in the area and a great local source for Chrome Bags. Almost all of the guys who work or hang out there have at least one of the bags or backpacks. So if you want to get some real world feedback on these great bags, this is the place to go.
They are an authorized dealer for NEW Aluminum, Steel, Titanium & Full Carbon Race frames from:
6KU Bikes - Inexpensive steel fixed gear bikes Aventon Track Bikes - Aluminum Fixed Gear frames Biria Bicycles -Easy "Step Through" hybrid cruisers and comfort bikes Cinelli USA - Classic and modern Road and Track Frames Colnago Bikes - Classic and modern Road, CX and TT frames from one of the oldest names in cyclingLynskey Titanium Bikes - Hand made Titanium bikes for all disciplines Pake Bikes - Inexpensive Steel Track & CX frames Purefix Cycles - Inexpensive steel fixed gear bikes and aluminum track frames SOMA Fabrications - Quality Steel frames Torelli Bikes - Handmade frames built in ITALY, semi and fully custom options, Road & Track
APEX does have a few used bikes on hand at any given time, but does not specifically specialize in the USED market. Used bikes are usually from the brands they are authorized to sell along with Specialized, Trek, Cannondale, Cervelo, BMC, Schwinn, Fuji, Raleigh, Bianchi, Giant, Gary Fisher, KHS, K2, Jamis, Klein, Scott, Intense, Electra and other classic/vintage brands once sold new in other shops locally.
Careful though, as with buying anything used, they are not authorized dealers for some of these brands and may not be able to help you with any future manufacturer warranty issues, other than what they provide in the shop.
The APEX "Family"
- Aaron (Owner) - USAC Licensed Pro Mechanic - Experience: 25+ years - Aaron specializes in Custom Builds & Advanced Repair on all makes and models
- Princess (Reception) - She is usually the voice on the line when you call if Aaron is busy. She enjoys riding around town with Aaron & the kids.
- 'lil Aaron & Alex (Aaron & Princess's boys) - Once in a while, you'll see the boys helping and hanging out in the shop
- Shop Interns & Volunteers - Come in and help clean the shop while earning Discounts and learning basic maintenance
See Also
- Bicycle Shops — other bike shops in Davis
- Bicycling — a good starting point for your bike-related inquiries
You must be logged in to comment on this page. Please log in.
2013-02-06 00:47:16 I logged back into my davis wiki account just to comment on my recent experience with Aaron and APEX :D. My bike actually fell apart (crapped out is more accurate) on me after I got out of work on a Friday in front of the Bike Barn. The wheel practically popped off the back, gears wear jammed, and a spoke broke during the entire ordeal. I brought it to the bike barn to re-attach my wheel and get a quote for basic repairs to get it running again. They quoted me for something around 80-90 dollars.
I decided to push my bike all the way down town to APEX, since I had heard many great things about it. Aaron was very busy, but he took my bike and told me he could have my bike ready by the following Thursday. I ended up picking it up the following Friday, and he replaced my spokes, brakes, brake cable, re-aligned my tires, and did some other basic maintenance stuff and only charged ~$45 for everything (including labor). My bike now runs even better than when I got it (it's completely silent when I ride it!) —Jennyfish
2013-02-07 17:44:29 My husband and I brought our bikes in for tune-ups in December.
This is the only bike shop I have ever used that did not bother to call me to notify me that our bikes were ready. The owner told me they would be ready "Wednesday or Thursday." He failed to mention that he would be leaving town on Thursday and planned to close his shop down for a week, during the holiday. So even though after the fact he claimed the bikes were "ready" for pickup the Wednesday before Christmas, we weren't able to get our bikes back for a another 8 days, or about 2 weeks after the day we brought them in.
But what made me truly dissatisfied was the way the owner handled the situation. He wanted to place the blame on me. His attitude was I should have known to pick up our bikes. He said he had told us he would be away, but he never said anything about it. If he had told us I wouldn't have wasted my time by going to his shop twice, in person, leaving voicemails on the store phone, to no avail. I don't like lies, and I don't like excuses. The customer is not always right, but when the owner is in the wrong and doesn't own up to it, that's a red flag.
I am giving 2 stars, rather than 1, because the work on the bikes themselves was fine. —AliH
- I apologize for any misunderstanding, and I'm glad that your bikes are running well, but I stated to you on the phone and in person when you were dropping off the bikes that any bikes dropped off needed to be picked up by that following Weds because I was going out of town for the Holidays. I know I told you this, because I told EVERY customer who called or walked in since the beginning of December that I was going out of town for the Holiday break and wouldn't be back for over a week. This was a courtesy that I gave to all my customers. EVERYONE ELSE picked their bikes up on time or made arrangements to get them after break except you. When we spoke on the phone on the Monday prior to their due date of Weds to discuss if you wanted to get the recommended new parts or not, you asked when they would be done. I again stated that they would be ready on Weds, and that you had to get them otherwise I would be gone for vacation. I stayed open 3 hours later than normal that Weds for people to come by and grab their bikes if needed. I am sorry that no one was at the shop when you came during our vacation or that no one was there to answer the phone while we were closed. When I got back into internet and cell coverage, I did reply to your emails almost instantly. No lies. You missed your pick-up window and were without your bike longer than you had planned for and you're mad about it. I understand that. For that I am sorry, but if I tell you your bike is ready on a particular day, come pick up your bike on that day or call to check on its status. Thats what most people would do. But if you remember, when you came to pick it up, I did apologize for the miscommunication for which you gave me lots of attitude. Attitude that was unwarranted for something that was as much your fault as mine. You made your point of that you were unhappy with not having your bike, but rather than letting it go and realizing that you too could have done things to prevent any miscommunication, you'd rather put all the blame on me and post up a negative review almost 2 months later. Like you said, customers are NOT always right, and am more than happy to take the blame when it is warranted, but this is not one of those times. —Aaron.Curtin
2013-04-22 11:53:51 My experience with Apex was excellent. My wife bought two tune-ups through Groupon, so I was sorta expecting the bare minimum from them. But no! Aaron was awesome and still went the extra mile with us. He was very pleasant and helpful on top of doing a great job on our bikes. Mine rides like it is new again. My wife had an issue with her gears, and he replaced a part for no additional labor cost (even though he had every right to!). This guy is very honest, knowledgeable, and hard-working, so I would highly recommend him (take advantage of any Groupon deals that may come up again!!). —heymaestro
2013-04-24 10:05:09 I am not a formal bike mechanic but I have been working on MTBs as a hobby since the 80's. Between my bikes and my friends bikes I must have several hundred hours of "wrenching" under my belt. That said there are still times when I need help. Chasing threads, frame re-alignment, pressing bearing cups etc. When I lived in the Bay Area my "go to" guy was Chris Robinson, an ex- 7/11 mechanic-owner of Robinson's Wheelworks. Knowing a real expert and getting real expert advice is critical when things get tough. (This is even more important if your "ride" cost as much as a cheapo car......).
That said, I ran into trouble on a complicated matter, threading a treadless steerer tube.
I contacted numerous shops in Davis and Sacramento. Only one shop was capaBLe of this task and they assured me "no problem", quoted a reasonable price and even guarantied the delivery date. Well this did not pan out, in fact after they jacked up the cost to do my request, I was then told my idea was impossible and multiple excuses were then thrown out to full discourage me from even attempting my "wild" idea.
Because the information being fed to me seemed to make no sense, I decided to bug Aaron at Apex with my trivial dilemma. He assured me that it was indeed trivial amd knowing that I was in a jam, Aaron said come on in. Within 45 minutes he did what I was told was IMPOSSIBLE. I suppose that given what I was told at the other shop, Aaron can perform miracles!!!!!!!!!!!
Here's my recommendation of Apex Cycles Knowledge: A+ Ability: A+ Honesty: A+
2013-06-09 11:00:02 This place is the best. The owner was very helpful and thorough. I really appreciated all their help. I will definitely be returning to this shop again. —JustinWoo
2013-07-10 00:47:45 Aaron is a master at his craft a wonderful mechanic and business owner. Customer serviceis 5 star —bcartoscelli
2013-10-19 00:23:41 I'm not one to write strong reviews but the truth needs to be told - THERE IS NOT ONE REDEEMING FACTOR ABOUT THIS PLACE. I had to go in 3 different times just to get a simple bike tune up (that was not done well at all). The owner, Aaron, said they would have my bike ready by Tuesday but when I went in that day, I was told that they had not even started working on my bike yet. He said it would be done by the end of the day but when I went back, I ended up having to wait even longer for his assistant to finish changing my tube. As I'm biking off, I notice that THERE ARE STILL PROBLEMS - my headset was still out of alignment (& this was the key concern I had pointed, and he had ensured would get fixed).
To top things off, the customer service is TERRIBLE. It is basic salesmanship etiquette to inform customers beforehand if you are going to charge them an additional fee PRIOR to doing it. Instead, Aaron just casually slipped it in as I was leaving, that I would need to pay for the two tubes he had installed. If he had at least told me before putting the tubes in that it would incur an additional fee, I would have been fine with it. However, he mentioned nothing about paying more until after he already installed the tubes. To top it off, when I was tried to point out the fact that he should have asked me before charging me, he got all defensive and tried to make it seem like I was the one being irrational. (Reading other reviews here make it seem like I'm not the only one who had an issue with him in this respect).
Long (& frustrating) story short: -No sense of customer service or sense of salesmanship -Took 3 separate trips just to get a tune-up done (and it was NOT done very well either) -NEVER coming back here again. —Leesa
Always 2 sides to every story. Here's mine. Leaving a negative review the day after I call you to remind you to pick up the tire you had me special order and pay for or exchange the tubes I installed on your bike in your original tune up. Yes, your bike was not done when you came in Tuesday morning to get it even though it was promised for 4pm in the afternoon. And when you came back in the afternoon, you did have to wait 5 minutes for your bike because it went flat again after airing it up during your tune up. You "needed it to get to class" so we replaced your old leaking 650c tube with a new one while you waited. Before you went out the door, I mentioned that due to the side of your tire bulging out that you needed a new tire and that it was most likely the cause for your recent flats. You had me order you a tire and I said I would just add the cost of the tubes (the one you watched me replace, and the one I replaced during your tune up) when you picked up the tire. You then insisted that there should be no extra charge due to the coupon you used for your tune up. I explained that I wasn't charging you an additional fee, I was charging you for the tubes. Logically, I can't give away parts for free and that the coupon was good for labor only, not parts. We went back and forth about this to the point of you pulling up the coupon on your phone only to realize that you misunderstood the coupon. I apologized that I didn't call you to get permission to replace your tube, but I've NEVER had anyone not want their bike rideable and was surprised that you were making such a big deal over me replacing such an integral piece to making your bike ridable. Your headset wasn't out of alignment, your stem was slightly askew. This was my mistake as I thought I had straightened it, but it was still slightly off. Time goes by, I called you again to remind you that your tire had come in and that you still owed for the tubes and gave you the option of bringing me replacement tubes since you said that I shouldn't have replaced them without your consent because you might have had tubes at home. You then stated that you no longer wanted the tire I special ordered for you (650c, odd size) and got noticeably frustrated that you couldn't settle your tab for 2 tubes online. I stated I could ring you up over the phone and email you a receipt, but you insisted on coming in to settle up Saturday or Monday. For the record, as of Wednesday you still haven't come in to pay your bill. Then today, (Thursday), you called to bargain with me after consulting with your friends that since you only saw me replace one tube that you only felt obligated to pay for that one, but still had not done so. I stated that at his point I had written you off as "that customer" that just skipped on their bill and that it wasn't worth my time to pursue you over 2 tubes. But after careful consideration, its a matter of principle. Please bring me 2 tubes or pay your tab. Otherwise I will be forced to move forward with legal action. You are not the first student to skip out on a bill, only the first to do it with such disregard.
Long (& VERY Frustrating) Story Short: - Came to pick up bike and got mad it wasn't done even though you showed up 5 hours early - Was mistaken about what coupon covered and when proven wrong, got frustrated that parts were not included - Was given option to exchange tubes or pay, has yet to do either
2013-12-09 11:35:41 Hours may be loose. If you need a part at 11am sharp, call ahead. —ScottB
2014-06-06 09:54:17 What can I say, this place is the best. I always get great service and sound advice. Apex is my go to shop for repairs and service on all my family bikes. —DagonJones
2014-11-01 08:20:15 Aaron's house-call service is invaluable for those of us who have no way to get our bikes to a bike shop. He provided me with new Continental Comfort Contact tires, new tubes, and slime. Parts, labor, and delivery totaled $152. Thank you, Aaron!! —DeborahLattimore
2015-09-16 20:11:44 This is going to be a rather long post, but the short version is that I will never buy anything from APEX again. After doing some quick Yelp research, I decided to check out APEX. I had a nice conversation with Aaron, and he was able to give me a discount making his shop the best option for the bike I was interested in. He said there was two day shipping for most orders, and since it was already later in the afternoon on Wednesday, it probably wouldn't come in until the weekend. No problem, I was out of town for the weekend so I figured I would just pick it up on Monday. I called the shop when I returned, and no one answered. I left a message, but never received a call back that day…or the next. Little did I know that this was only the beginning, and I would not actually get my bike until three weeks later. To be fair, I gave Aaron the benefit of the doubt when he told me my bike was missing from his orders and then the bike becoming back-ordered. However, what I found unacceptable was the customer service. APEX was not updating me, I always had to call them to find out what was happening… and most of the time I called, no one even answered. Despite leaving messages I would still not get called back. Even when I was able to get someone on the phone, there were times I did not feel respected as a customer. For example, when trying to explain the situation to Princess, I was interrupted ("Okay well a customer has walked in so you'll have to call back"), and hung up on. In the end, Aaron gave me 50% off a lock for my troubles, which I appreciated. If this was the end of the story here, I still might have recommended this shop to others. However, when paying for everything I thought the price seemed a little high. Aaron reassured me it was correct, but upon doing the math when I got home, I of course was overcharged by about $25. This is where I drew the line of unacceptable service. Back to the shop I go to get my change. Aaron acted as if I was nickel and diming him for trying to get the exact amount owed to me, despite his own employee agreeing with my calculations. Ultimately he paid me correctly. Icing on the cake: my tube popped my second time riding the bike. At least they replaced it for free. This place seems to have positive reviews, with a few people that have an awful experience. Maybe I was just unlucky in everything that happened, but I do not plan on returning to APEX and can't recommend this shop to future customers. —NA
2018-02-25 17:27:05 Ten stars out of ten! What a wonderful service for Davis and what a nice person Aaron Curtin is! Aaron has made house calls to fix my bikes in the last several years. He is friendly, efficient, and the prices for the bike parts and services are excellent. I'm so grateful that he makes house calls - it's another reason I love living in Davis. I highly recommend Apex! Thank you, Aaron! —StudentInDavis


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The same two words, albeit in reverse order, sum it all up:
Home nursing
Nursing home
There are very few original things left to do. A white painting – done, a piece of music with no notes – done; a book with no words and no pictures – done. What's there left to do? When I was about sixteen I started a Dictionary of Me. I never got out of A and the only actual definitions I can remember were:
The only grade acceptable to my dad.
Crunchy water
and that's my lot. About twenty years later I came across The Complete Knowledge of Sally Fry by Sylvia Murphy in an Oxfam shop in Aberdeen and I was gutted because this lady had written her book in the form of a dictionary. Well sort of. She starts off like I did, with a few entries, and then begins telling her story and pretty much every chapter goes like that but I was annoyed because I hadn't written my dictionary yet. I had written a novel just not that one.
And then a few years ago, having written three more novels, I finally came across Encyclopedia of an Ordinary Life by Amy Krouse Rosenthal and this wasn't some half-hearted effort, no, this was exactly what I had intended to write, a collection of my knowledge. It's like when you ask your dad to explain something for the first time, well that is quite often the definition you remember and not the "official" one you learn later from a teacher or a book. I kinda wanted to write a book like that for my daughter so she could look up words like 'dad' and 'daughter' and get my definitions. I also wanted the book to be a character study just not a chronological one.
But now someone's gone and done it. Okay it's not my life but finding it really did take the wind out of my sails. And so when I got it and flicked though it I was so scunnered I simply stuck it on my to-be-read shelf and forgot about it. The problem is it has a brightly-coloured spine and my eye kept being drawn to it. Anyway I finally decided I'd read it. Needless to say, it's an odd book to read.
Okay, here's the thing. She gets it all wrong. I started at the beginning – luckily her name begins with an A and so 'Amy' gets to be the first entry – but after a wee bit I started to look up words and the first one I went for was 'nice.' Regular readers of this blog will probably realise that the two adjectives I employ the most are 'nice' and 'interesting' but Amy didn't have an entry for 'nice.' She did have this one:
Soap and pond are both such nice words, pond especially. You think: small, quiet, calm, clear. And the ducks.
which is okay but that's not what I would have written. She didn't have an entry for 'interesting' but her entry for 'infinity' was interesting:
Justin came home from school with the announcement that he had just learned what even and odd numbers were. Okay, I said. So tell me: What's infinity, even or odd? I certainly didn't have an answer in mind; I posed it only as a fun, unanswerable kind of question. He thought about it for a moment, then concluded: Mom, infinity is an 8 on its side, so it is an even number.
If you think this book might feel a bit like Erma Bombeck then you're probably not that far off the mark. The clue is in the title and in the book's foreword:
I was not abused, abandoned, or locked up as a child. My parents were not alcoholics, nor were they ever divorced or dead. We did not live in poverty, or in misery, or in an exotic country. I am not a misunderstood genius, a former child celebrity, or the child of a celebrity. I am not a drug addict, sex addict, food addict, or recovered anything. If I indeed had a past life, I have no recollection of who I was.
I have not survived against all odds.
I have not lived to tell.
I have not witnessed the extraordinary.This is my story.
Think about it. That's most people. And, like most people, Amy Krouse Rosenthal reads books although not so many write them. Anyway this is part of what she wrote in her book under 'book':
To get a true sense of [a] book, I have to spend a minute inside. I'll glance at the first couple of pages, then flip to the middle, see if the language matches me somehow. It's like dating, only with sentences. Some sentences, no matter how well-dressed or nice, just don't do it for me. Others I click with instantly. It could be something as simple yet weirdly potent as a single word choice (tangerine). We're meant to be, that sentence and me. And when it happens, you just know.
I knew – in the context of the paragraph above – when I read her entry for 'letters':
The letters a, e, g, and s seem nice; k, v, and x seem meaner.
See also: Ayn Rand
I then went and looked up 'Ayn Rand' because I'd forgotten what she'd said about her:
Ayn Rand seems so mysterious, privy, snobby – in a cool way. I'm pretty sure it's the y.
See also: Letters
This amused me no end because a couple of weeks before reading this I'd watched a two-hour documentary on Rand and it was nice to see her whittled down to a single sentence like this. I also get the y thing – I always liked that the west coast town was called Ayr and not Air in the same way that I think Anne is prettier when spelled with an e on the end.
The thing, of course, is that Amy didn't just sit down like I did, begin with A and work her way through to Z; actually 'you' is the last entry and the page for Z is blank – surely she could have said something interesting and/or witty about zeroes or zebras. Anyway the book actually took her ten years to compile:
If it weren't for Charise Mericle Harper, this book would not exist, or if it did exist, it would be a very different book, or if the book did exist as the same book, it for sure would have been set in a different typeface. We have spent 10 years worth of Thursdays together, writing (me) and drawing (her) in coffeehouses. So many important decisions and ideas have come out of those Thursdays. – Behind the Scenes
That snippet is from the book's website which exists to do a little more than simply promote the book. There's a page where you can contact the author and she'll send you a thank you. You can even listen to the book's theme song (I jest not):
I know a girl. She's pretty thick. I don't mean 'round the waist.
I mean like she could write an encyclopedia about the shit in her head.
Well that's what she did. She wrote a book.
It's pretty wabi sabi. And by that I mean, it's happy and it's sad.
And she'd like you to read it, it reads:
I have not survived against all odds.
I have not witnessed the extraordinary.
I have not lived to tell.
This, this is my story.
Is she like you? Is she a freak? She always looks for meaning in the everyday.
She sees a license plate and thinks it's fate then wonders.
She wants it all, can't have enough.
How can you spend all day just trying to get through all the everything at last.
When in the end there's nothing?
Encyclopedia of an extra ordinary life.
Encyclopedia of an extra ordinary girl.
Encyclopedia of a child of the media.
She needed me to write her song.
You can listen to the song here.
The book is also full of illustrations like this simple Venn diagram:
I was also touched by the two police artist's sketches of her that are in the book, one where her father provided the artist with the description and the second where her husband did. These appear under the entry for 'identity':
I loved her entry for 'love':
If you really love someone, you want to know what they ate for lunch or dinner without you. Hi, sweetie, how was your day, what did you have for lunch? Or if your mate was out of town on business: How was your trip, did the meeting go well, what did you do for dinner? Jason will stumble home in the wee hours from a bachelor party, and as he crawls into bed I'll pry myself from sleep long enough to mumble, how was the party, how was the restaurant beforehand? The meal that has no bearing on the relationship appears to be breakfast. I can love you and not know that when you were in Cincinnati last Wednesday you had yogurt and a bagel.
You can read this and a selection of other excerpts on the website here.
Okay, is this just another one of those gift books that you give for Christmas, people flick though and no one actually reads? The review in the Village Voice says it "has miles of pillow book charm" but that's also a bit condescending too. Todd Lief did a tongue-in-cheek comparison of Encyclopedia of an Ordinary Life to Encyclopædia Britannica part of which reads:
Fun to read?
[OL] Yes
[EB] No
Long articles?
[OL] No
[EB] Yes
Read the whole thing?
[OL] Yes
[EB] No
Nodded head?
[OL] Often
[EB] Rarely
Laughed out loud?
[OL] Frequently
[EB] Never
You get the idea. This is no more The Encyclopaedia Britannica than The Hitchhiker's Guide to the Galaxy is the Encyclopædia Galactica. One has to wonder if Douglas Adams had published the actual Hitchhiker's Guide to the Galaxy and not simply a book called The Hitchhiker's Guide to the Galaxy if it would have sold as well. I think it would. The problem is we humans are a bit tied to linearity. We like our lives to begin with birth and end with death with as decent a gap in between the two as we can manage and yet who remembers like that? No, we jump back and forth through the decades with ease. I think of the word 'cat' and the first things I thought about were my mum's cat Tigger, my daughter's cat Rufus and the next-door neighbour's cat Bailey – time and space no problem. And that's how this book works. It really doesn't come into focus until the end. It's like building a jigsaw. You don't read it as much as you assemble it.
Yes, this is a light-hearted book. If I were to take the format I'm not saying it wouldn't be without its funny moments but I would also want to say stuff. That's what books are to me, excuses to say stuff. And actually Amy does, just not the kind of stuff I would have said. And I know I said that at the start but that is really my only objection to this book: it's not the book I would have written if I'd decided to write my Dictionary of Me all those years ago. Who knows I might have actually finished it by now or at least worked my way out of the A's.
As a break, as something to pick up and read a few pages of here and there, it's great. If the life in question had been a little less ordinary then I personally might have got more from it but if you're looking for a different reading experience then this is certainly worth checking out.
Amy Krouse Rosenthal is an author of adult and children's books. She is the host of the radio show Writers' Block Party on WBEZ Chicago Public Radio and you can read that blog here.
Her children's books include the Cookies series, illustrated by Jane Dyer and Brooke Dyer; Duck! Rabbit! and The OK Book, illustrated by Tom Lichtenheld; Spoon, illustrated by Scott Magoon; and most recently The Wonder Book, illustrated by Paul Schmid. Apart from her Encyclopedia of an Ordinary Life her work for grown-ups includes the film project The Beckoning of Lovely which you can read about (and even participate in) here, The Mother's Guide to the Meaning of Life and a set of Post Partum Cards: A Handy Set of Postcards for New, Barely Conscious Moms.
Her essays and articles have appeared in The New York Times, Hallmark Magazine, Parenting, O: The Oprah Magazine, and McSweeney's. She lives with her family in Chicago and from all accounts has lived a very ordinary life. At least she thinks so.


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SSR 73-21c: SECTIONS 202(d), 202(j)(1), 205(g) and 223(d) (42 U.S.C. 402(d), 402(j)(1), 405(g), and 423(d)). -- JUDICIAL REVIEW -- DISABLED CHILD'S BENEFITS -- APPEAL FROM ADMINISTRATION'S REFUSAL TO REOPEN -- RETROACTIVITY OF APPLICATION
SSR 73-21c
Beauchot v. Richardson, Civ. No. 70 F 124, U.S.D.C., N.D.Ind. (9/25/72)
- Where plaintiff's applications for disabled child's benefits were denied in 1959 and 1962, no administrative appeal was taken from those denials, and claimant filed a third application in 1969, on which an award of benefits was made with retroactive payments of 12 months, held, Secretary's decisions on applications of 1959 and 1962 were final and no longer subject to judicial review (even were it to be assumed that purported disability which occasioned such applications was then "not medically known or diagnosed") plaintiff failed to request review within the required time; accordingly, her right to benefits may be determined only on the basis of her 1969 application.
ESELBACH, District Judge:
This matter is now before the court on cross motions of the plaintiff, Theresa A. Beauchot, and the defendant, Secretary of Health, Education, and Welfare, for summary judgment under Rule 56 of the Fed. R. Civ. P. on the grounds that there is no genuine issue as to any material fact and that the parties are entitled to judgment as a matter of law. Plaintiff has been receiving Social Security benefits under 42 U.S.C. §§ 402(d), 423(d), for a period beginning in March 1968, and continuing through the present. She seeks additional payments for the period from November 1958 to March 1968. Following hearing and administrative appeal, defendant denied this request, relying upon the statute, especially 42 U.S.C. § 402(j)(1), and regulations promulgated thereunder, 20 C.F.R. §§ 404.957-58.
The case presents three questions of law: a) Has this court jurisdiction to review the Secretary's determination under the regulation? b) Did the Secretary abuse his discretion in the interpretation of that regulation? c) Is the regulation as interpreted consistent with the statute? This court finds it unnecessary to determine the jurisdictional question presented because of the result reached on the other two questions -- that even if this court had jurisdiction to review the Secretary's decision, the court would uphold his determination in this case. Accordingly, defendant's motion will be granted and plaintiff's motion denied.
An examination of the record and the stipulations and pleadings of the parties reveals the following facts: Plaintiff suffers from the chronic, incurable disease of lupus erythematosus. She has been so afflicted since before her eighteenth birthday in 1952, and because of this disease she has been, and is, unable to be gainfully employed. Plaintiff's father, now deceased, was a wage earner covered by the Social Security Act. On the basis of these facts, plaintiff is entitled to Social Security benefits. 42 U.S.C. §§ 402(d), 423(d). Following application by plaintiff and a hearing as provided in the statute, the Hearing Examiner so found, and, on appeal, the Appeals Council agreed. On the basis of this ruling and 42 U.S.C. §402(j)(1), the Secretary made benefits payable as of one year prior to plaintiff's March 1969 application.
This application was plaintiff's third one. The first had been filed in June 1959, and the second, in September 1962. Both applications were denied by the Secretary, and since plaintiff did not seek reconsideration or a hearing from the agency and since she did not file a civil action in any district court within 60 days, these determinations by the Secretary became final and no longer subject to direct judicial review. 42 U.S.C. § 405(g)(h); Jamieson v. Folsom, 311 F.2d 506 (7th Cir.), cert. denied, 374 U.S. 487, reh. den., 375 U.S. 871 (1963). * * *
The parties agree that the statute allows for retroactive payments for a maximum of only one year prior to the filing of the pertinent application. The parties disagree as to which is the pertinent application -- plaintiff contends that it is the first, while the Secretary contends that 20 C.F.R. §§ 404.957-58 compels him to find that it is the third.[1]
The Secretary treated plaintiff's third application as an application for benefits, plus a request that the first two applications be "reopened" pursuant to 20 C.F.R.§ 404.957. He contends that the express terms of that regulation[2] encompass all possible grounds on the basis of which an otherwise final determination may be reopened and that plaintiff's circumstances fit under none of them. Plaintiff challenges this regulation as so interpreted by contending that defendant is compelled by the law to reopen her first two applications and to reverse the decisions there made.
Under 42 U.S.C. § 405(g)(h)[3] plaintiff's third application is directly reviewable on the merits by this court. However, it is not that finding which plaintiff actually is attacking; rather, she attacks defendant's refusal to reopen the first two applications. Whether this ruling is reviewable by this court is a question separate and distinct from the matter of review of the merits of the third application.[4] The Government claims this court does not have jurisdiction, citing Sangster v. Gardner, 374 F.2d 498 (6th Cir. 1967). While Sangster is not on point and is therefore readily distinguished,[5] the question of jurisdiction is not so easily answered. In fact, there is a decision exactly on point, which under most circumstances this court would feel compelled to follow. In Gross v. Celebrezze, 246 F. Supp. 66 (N.D. Ind. 1965), Judge Beamer found that agency action on a motion to reopen is not reviewable because, adopting the reasoning of Filice v. Celebrezze, 319 F.2d 443 (9th Cir. 1963), 42 U.S.C. §§ 405(g)(h) allow review only of those orders provided for in 42 U.S.C. § 405(b), which provision does not include motions to reopen otherwise final decisions; consequently, review of such motions is not permitted under the Social Security Act. Subsequently, the Second Circuit has held that while motions to reopen are in fact not subject to review under the Social Security Act, they are so subject under § 10 of the Administrative Procedure Act, 5 U.S.C. § 1009, which statute the Filice court had not considered (nor had the court in Gross). Cappadora v. Celebrezze, 356 F.2d 1 (2d Cir. 1966) (Friendly, J.) See also Wong Wing Hang v. Immigration and Naturalization Service, 360 F.2d 715 (2d Cir. 1966) (Friendly, J.). Basically, the Second Circuit argues that jurisdiction to review is absent under the APA only if expressly negatived by Congress, and while 42 U.S.C. 405(h) can be so read, it is more reasonable to read that provision as merely providing the exclusive means for review of orders required under 405(b) and remaining silent on other agency orders. Although one judge in the Northern District of Indiana has interpreted § 405(g)(h), none has addressed the question whether the Secretary's disposition of motions to reopen are reviewable under the APA. In such a circumstance, the proper approach for this court is to treat that question as an open question in the District. Kasparek v. Gardner, 409 F.2d 214 (9th Cir. 1969); Shelton v. Sec. of HEW, 428 F.2d 81 (3d Cir. 1970).[6]
In two cases last cited, the courts found it unnecessary to resolve this question, because even assuming jurisdiction to review under the APA, that review showed the Secretary's denial of the motion to reopen was proper and lead to granting of the Secretary's motion for summary judgment in any event. So it is in this case: Assuming this court has jurisdiction to review, that review shows, as developed below, the Secretary's action is proper.[7]
A three-tiered standard for reopening otherwise final decisions is set out in 20 C.F.R.§ 404.957: Within one year, plaintiff can reopen for any reason: within four years, plaintiff can reopen for "good cause" shown, as defined in 20 C.F.R. §404.958: at any time plaintiff can reopen upon a showing of any of nine listed facts. The Secretary interprets this regulation to mean that the last nine mentioned reasons for reopening at any time (the only tier which is pertinent to our case) are exclusive and that, consequently, there is no tenth, unwritten reason for reopening for "prevention of manifest injustice." Generally, the agency promulgating a rule is its best interpreter, and a court should adopt that interpretation, save only if it is an arbitrary and unreasonable reading of the regulation or if the interpretation is a trap for the unwary. Davis, ADMINISTRATIVE LAW TREATISE, § 30.12: Udall v. Tallman, 380 U.S. 1 (1965). The Secretary's interpretation here is beset by none of the listed infirmities, and accordingly we are bound by it. At the same time, it must be observed that the regulation does not compel the reading the Secretary has given to it. It would have been legitimate also to interpret the regulation as including an unwritten freedom to diverge therefrom in cases where the regulation would produce "manifest injustice." That the Secretary has not so interpreted his regulation is unfortunate.
Within the confines of the regulation itself, plaintiff has no peg upon which to fit her case, for, as the Secretary contends, none of the nine reasons for reopening a case at any time fit her situation. Plaintiff contends that the record now before the court shows that the first two determinations were clearly erroneous, and that, consequently, she fits within the exception providing for reopening following "error on the face of the evidence on which such determination or decision was based." 20 C.F.R. § 404.957(c)(8).
However, as the Secretary contends, for this exception the relevant time is clearly the time of the original administrative decision. Shelton, supra.
In 42 U.S.C. § 405(a), Congress authorizes the Secretary to promulgate regulations that are "not inconsistent" with the statute and that are "reasonable and proper" rules for carrying out the statutory scheme.
In a significant number of cases, the Secretary's actions under this regulation and statutory authorization have been reviewed by courts. See Cappadora, Kasparek, Shelton, supra, and cases cited in n.7 supra; see also, Thompson v. Richardson, 452 F.2d 911 (2d Cir. 1971). In no case found by this court has plaintiff prevailed even in a claim that the Secretary abused his discretion in not opening the individual case, let alone in a claim that the regulation in any particular violates the statutory grant of § 405(a).
While plaintiff's plight in this case certainly evokes sympathy, so alone do the plaintiffs in some of the other cases. In fact, the circumstances in Pasquale v. Cohen, 296 F. Supp. 1088 (D.R.I. 1969), are strikingly similar to the instant case. There, on a second application the Hearing Examiner found, as in this case, that on the basis of new evidence plaintiff was eligible for benefits from a time beginning before the first application, but because 20 C.F.R. § 404.957 did not permit reopening of that first application, plaintiff could receive benefits only as of a year prior to the second application. Plaintiff did not meet the "good cause" exception of 404.957(b) because, though having good cause, his second application had to have been filed within "four years after the date of the notice of the initial determination" and, in this case, the second application had been filed four years and one month later. The district court, obviously moved by the closeness of the cut off date, found that "initial determination" meant "final disposition of the initial determination," because the Government's interpretation would be "contrary to the expressed reason for the Social Security Act." Id. at 1092. On appeal, 418 F.2d 627 (1st Cir. 1969), the court affirmed on a technicality,[8] but it went out of its way to overturn the district court's finding that "initial determination" meant "final." In so doing, it found nothing impermissible about the absolute four- year limit set out in the regulation. For a similar situation and decision, see Shelton, supra.
In like manner, this court cannot find it a violation of §405(a) for the Secretary to include no provision for avoiding "manifest injustice" in his regulation. When viewed as a whole, the regulation shows that the Secretary has been more than minimally responsive to the needs of social security applicants. Arguably, under the statute the Secretary need not have allowed for any reopening at all. All that the Secretary has done in making his regulation absolute is ensure a clear precise standard. This in turn aids him in handling the agency's vast workload, which aid was a major concern of Congress when it drafted the act. Cappadora, supra. The Secretary here, has done nothing different from what Congress did in other parts of the Act, e.g., retroactive benefits are limited to an absolute maximum of one year. 42 U.S.C. § 402(j)(1).
Accordingly, the motion of the plaintiff for summary judgment is denied and the motion of the defendant for summary judgment is granted.
[1] The Secretary makes a further argument that the correct starting point, if plaintiff's position is accepted, is not June 1958, but June 1959, the month in which plaintiff's father became eligible for benefits. Because this court finds for the Secretary, it need not decide this point.
[2] For an outline of the regulation, see Part B, infra.
[3] These sections provide in pertinent part as follows:
- § 405(g): Any individual after any final decision of the Secretary made after a hearing to which he was a party, irrespective of the amount in controversy, may obtain a review of such decision by a civil action commenced within 60 days after the mailing to him of notice of such decision or within such further time as the Secretary may allow.
- § 405(h): The findings and decisions of the Secretary after a hearing shall be binding on all individuals who were parties to such hearing. No findings of or decision of the Secretary shall be reviewed by any person, tribunal, or governmental agency except as herein provided . . . .
[4] That this attack arises within the context of a decision by the Secretary which is otherwise reviewable, of course, has no effect on the jurisdictional question. Plaintiff's rights cannot vary on the basis of the context in which she obtains a ruling on her motion to reopen. Filice v. Celebrezze, 319 F.2d 443 (9th Cir. 1963).
[5] In that case the district court not only reviewed the Secretary's finding on plaintiff's third application, but it also on its own motion reviewed and reversed the Secretary's determination on plaintiff's first two applications. The Sixth Circuit found that the district court did not have jurisdiction to review either of the first two applications on the merits. We certainly have no quarrel with that finding; however, that is not the matter before this court for review. As the court said in Burge v. Richardson, 321 F. Supp. 646 (N.D.Ga. 1971): "It is clear that plaintiff is not entitled to a review of the original denial of benefits . . . as she neither fully pursued her administrative remedies . . . nor followed the prescribed procedures of § 405(g) of the Social Security Act . . . . Plaintiff, however, seeks review of the subsequent decision of the Appeals Council declining to reopen her prior denial of benefits." Id. at 647.
[6] After Filice and Cappadora had been decided, a district court in the Ninth Circuit faced with the same question, cited both cases, but felt itself bound to follow Filice. In Kasparek, on appeal the Ninth Circuit did not treat Filice as controlling; rather, it held that the question of the relation of the APA and motions to reopen was an open question in the Circuit. (In a later case the Ninth Circuit reaffirmed Filice. Brockman v. Finch, 418 F.2d 116 (9th Cir. 1969). In Shelton, in a similar situation the Third Circuit also treated the question as an open one.
[7] We note that a significant number of jurisdictions have adopted the Cappadora reasoning. Pasquale v. Cohen, 418 F.2d 627 (1st Cir. 1969); Minton v. Richardson, 328 F. Supp. 1264 (S.D. Tex. 1971); Burge v. Richardson, 321 F. Supp. 646 (N.D. Ga. 1971); Lyall v. Cohen, 297 F. Supp. 606 (W.D. Va. 1969); Freeman v. Cohen, 292 F. Supp. 319 (D.S. Car. 1968).
[8] The Government had been dilatory in making its appeal to the Circuit Court, and the court refused to grant a waiver of the prescribed time for appeal.
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Review: Science and Technology galleries at National Museums Scotland
National Museums Scotland, review, Science and Technology galleries
Review: Science and Technology galleries at the National Museum of Scotland
https://dx.doi.org/10.15180/170712/001In July 2016 the much-anticipated new Science and Technology galleries opened at the National Museum of Scotland (NMS) in Edinburgh. In this latest offering from the Museum, as part of its ongoing masterplan for redevelopment, visitors are treated to three floors of science and technology, in many cases shown through the lens of Scottish contributions to the field. This local focus provides an additional layer of interest and gives the galleries an edge that this collection is uniquely placed to achieve. Located at the opposite side of the Museum to the Natural World galleries, which opened in 2011, the same attention to modern relevance and simplicity of section grouping has been applied to the science, technology and medicine collections. This makes for an experience that is appealing for a broad range of visitors, regardless of their original motivation for visiting the Museum. Some may have come for the Natural History or Scottish History galleries, but then visited the Science and Technology galleries.
Overall the galleries consist of six distinct sections: two on the first floor, two on the third floor, and two on the fifth floor (see Figure 1 below). The overarching aim of the whole is to demonstrate the ways in which various scientific and technological inventions have changed our lives, from Joseph Black's work on chemistry to Stephen Salter's work on wave power; from William Hedley's work on steam locomotives to David Gow's work on articulated prosthetic limbs. Each of the six main sections is introduced by a text panel, and by reading each one it becomes clear that problem-solving is an overarching theme. The Museum team have gone back to basics to ask what problems scientists and engineers have been responding to when they have worked to develop the instruments and devices on display here.
Arranging a varied collection such as this, spanning several hundred years of innovation, in a joined-up manner across three floors was always going to be challenging. NMS has managed this difficult task by creating sections which act as stand-alone case studies and, when viewed as a whole, form a cohesive group with more and more connections becoming obvious the longer one spends here. This results in visitors being free to create their own routes through the galleries. There are no predetermined or even suggested routes or chronologies. While this has made providing guided tours challenging for some front-of-house staff, it does give the visitor greater autonomy over their experience. It also means that repeat visitors can experience the galleries differently on successive visits. There is far more to see than could possibly be achieved in just one visit and yet each display has been carefully created so that even if you see just one section you will leave having seen some new objects, or new comparison of objects. For those visitors familiar with Scottish history, the aim is clearly for them to leave with an increased understanding of how these developments relate to Scottish culture and identity while for those unfamiliar with Scottish history the aim is clearly for them to leave with a better understanding of Scotland's contribution to science, technology and medicine. These aims very much tie in with the mission of the National Museum of Scotland – a sign near the entrance states that the Museum's 200 years of collecting has been conducted in order to show Scotland to the world and the world to Scotland, an aim which has certainly been achieved in the new Science and Technology galleries where Scottish and international ideas and objects are brought together.
The objects chosen for display have been arranged thematically over the three allocated floors. Each floor consists of two sections with, in most cases, catchy one-word names that both capture the content and appeal to the visitor by inviting them to share the experience. In the Explore section, for example, visitors can do just that while seeing how others have explored various scientific problems. In each section there is a display case which has been designed to be updated regularly. On the first floor are the Explore and Making It sections. While the Museum's website describes these as family-friendly displays, which they are, they in no way exclude the independent adult visitor. The many big-draw objects on display in the Explore section, such as Dolly the Sheep (now a museum classic rather than a dated example of contemporary science), the Wylam Dilly steam locomotive, not to mention three Sir Jackie Stewart Formula One cars, tick many of the boxes which make for an engaging museum experience. They draw on the familiar, are visually striking and most importantly are displayed alongside other objects which can help tell new stories about them. I enjoyed seeing Wylam Dilly displayed next to a working model of maglev technology and observed visitors stepping back and looking at the two together, commenting that the steam locomotive would have been cutting edge in its day. Connections like this might be obvious to historians and museum professionals, but cannot always be taken for granted when communicating to visitors using objects and small display labels. These same visitors may not have made the same observations if the locomotive was displayed in isolation.
By far my favourite section of the new galleries was Making It where the focus is on manufacturing and the process of making. The museum team decided to exploit a busy space that visitors would be in already, to see Dolly the Sheep or the Formula One cars, and present them with a story that they may not otherwise have taken the time to see. Traditionally, science and technology museums have concentrated on explaining how instruments and technologies work, but there is increasing interest by historians, museum professionals and visitors alike in how such devices were made and who made them.[1] In this section, as with the three galleries as a whole, the focus is on the local context and Making It showcases stories of historic and contemporary manufacturing in Scotland.
Of the numerous sub-themes within the section, one is exchangeability of parts in the process of mass production. The key object is a car made by Argyll Motor Works in Dunbartonshire. The label states that it is one of Scotland's greatest manufacturing stories. Founded in 1899, employing 1,300 people, and turning out 800 cars per annum, this was the largest car production output in Europe at the time. The story of car manufacture is given depth by the other objects displayed nearby. Situated behind the car is a Bradford lathe that was used at the Argyll factory and, as the label indicates, was an essential tool for mass production. Cleverly displayed, behind glass but retaining proximity for close viewing, and with enough space to walk entirely around it, this display, complete with push-button capacity to see the chuck that holds the workpiece turning, brings the lathe to life and is far more effective than displays where lathes are hidden at the back of display cases and only comprehensible to people that have had experience in using them. Next to this is a display of other tools, from drill bits to plugs and gauges, which were used in the mass production process – all displayed as sets of differing but standardised, interchangeable parts.
Audience research during the planning stages of the new gallery project demonstrated that visitors wanted to see a return of push-button interactivity. Staff have responded to this request and made it part of their narrative. Rather than a series of push-button models to show various types of machine tools, examples have been carefully selected and relate to the key objects through the galleries, as in the case of the car and lathe.
From the beginning of the planning process, staff were determined to ensure contemporary relevance in order to provide additional interest, but more crucially an additional layer of relevance for visitors, alongside the relevance provided by the local connections. One of the contemporary contributions in Making It, and my personal favourite object, is an industrial robot, made by KUKA Robotics and winner of a Red Dot design award in 2013, which is designed to cooperate with human workers without the need for safety barriers. A key object for the sub-theme of automation in manufacturing within the gallery, the robot is intriguingly displayed as a working object, a bright orange arm which moves and extends with programmed regularity. The intrinsic industrial beauty created by this display is enhanced by the lighting and associated gallery audio. A piece of techno music was commissioned to give a background impression of manufacture and industrial processes and the movement of the robotic arm has been programmed to correspond in part with the music. I liked this connection, made between working object and sound: unfortunately, on the day I visited the gallery was so busy I couldn't hear it very clearly. (The use of sound in museums and galleries remains both challenging and exciting – see articles by J Rich and J Mansell in this issue). Overall, this issue is testament to how successful the team have been in encouraging people to visit a display that they might not have intended to had it not been for its strategic location next to the Explore section where Dolly the Sheep is displayed.
Situated to one side of the robot is a nineteenth-century Jacquard loom, which I felt represented a tidy juxtaposition of old and new; wood and metal, demonstrating that humans have been working alongside machines for some time with the robot just the most recent iteration. I also thought the potential for inspiration it produced for either art students or visiting artists was subtle, but cleverly achieved. This was not made explicit in any of the gallery text, but was clear to me as a Curator who would also look for ways to make content appealing to different audiences. Finding beauty in industrial technology and processes is by no means new, but it continues to fascinate many people. On a smaller scale the NMS example is reminiscent of the message conveyed by staff at the Völklingen Ironworks museum in Germany[2], which provides an entire decommissioned site to explore the theme of industry as beauty.
On the other side of the robot, and forming an intellectual bridge between the Making It and Explore sections, is a 3D-printing machine and various examples of 3D-printed objects, including an iconic Lewis Chessman, which provides a subtle link to the Scottish History galleries nearby.
Situated one floor up, on the third floor, are the Technology by Design and Communicate sections. Whereas the ground floor gallery is described as family-friendly, the pace intentionally slows a little here, as it continues to do as the visitor moves up the levels. I really enjoyed moving along the different case-study displays in the Technology by Design section – from lighthouses to bridge construction and from ship models to prosthetics. Local and contemporary relevance is provided in the bridge construction case which tells the story of the Forth Bridge and also includes a model of the new Queensferry Crossing bridge due to open in 2017. Connections between floors are evident throughout the galleries. One of these is the connection made between the experimental science in the floor above and ship models, where an experimental ship model made by Robert Wilson is displayed within the array on this floor. Wilson's model was a hybrid of paddle and propeller power created in order to observe which method was most effective.
On this floor there is a display case designed to be regularly updated, which currently contains a display of prosthetics. The case demonstrates a new collecting area for the curatorial team, made possible by this gallery project. In keeping with the inclusion of objects of contemporary relevance, located nearby is a prosthetic hand with articulated fingers and thumb, the i-limb hand which was made by David Gow who pioneered the Edinburgh Modular Arm System (EMAS). Visitors can use a digital screen on the outside of the display case and click on different hand positions to operate the fingers. The update case also features a digital screen which provides three stories of different people's experiences of prosthetics – one of which is a person who was offered different devices but did not want to use them, chosen to offer a balanced view of the subject area and to show visitors some potentially unexpected viewpoints.
The Communicate section takes the visitor back to the basics of communication – starting from the premise that communication takes place between two people, regardless of the device used. From this point the visitor can then compare the various technologies and contexts by which, and in which, communication happens. At first glance this might seem a simple idea, but is a very effective device that invites different comparisons of objects of communication. One context is the military one and visitors can compare a carrier pigeon with various types of radios and an Enigma machine. Another is the personal communication context, and a display of mobile phones used in Pakistan is reminiscent of the Information Age gallery at the Science Museum in London, which showcases a mobile phone stall from Cameroon. Both galleries demonstrate that some communities experienced mobile technology before landlines, which many visitors find surprising as it is very different from their own experience. Another context of use is communication with oil rigs from the mainland, providing a link with the Energise section on the floor above.
As the visitor ascends the gallery floors, the pace continues to slow and the fifth floor gallery, containing the Enquire and Energise sections, is intended to provide a quieter space for visitors to contemplate the case studies presented. However, there are still opportunities for interactivity such as the big-draw activity of the giant hamster wheel in the Energise section.
In the Enquire section there are various examples of scientists asking questions about the natural world or the human body. An eye-catching subsection is the particle physics case study where visitors can see a copper cavity that was used in the Large Electron Positron collider (LEP) at CERN from 1989 to 1995. The LEP was closed in 2000 to make way for the construction of the Large Hadron Collider (LHC) in the same tunnel. Moving along through the gallery, the visitor comes to a presentation on chemistry and is treated to a fine display of Joseph Black's laboratory glassware from the eighteenth century. Again, I found the juxtaposition of old and new to be an effective device in this gallery for making links between scientific objects and endeavours, separated by time, but connected by the shared aim of problem-solving, which is in keeping with the overarching aim of the new galleries. Highlighting Joseph Black's chemical work at the Universities of Glasgow and Edinburgh provides yet another example of Scotland's contribution to the history of science at the global level. These galleries could have provided more of a generic history of science timeline, but by concentrating on the local context and how this contributed to larger-scale developments they have played to the strength of their collections.
The optics display further along provides some opportunities for interactivity including some well-positioned replicas such as a zoetrope, identical to one in a nearby case, which visitors can turn themselves and look through to see the apparent moving image. A small arrangement of several different types of microscope offers an opportunity for visitors to pause and reflect. On each floor there are similar opportunities to take a break and enjoy a small array of beautifully displayed objects. The display case on this floor that is designed to be regularly updated currently features different types of medical imaging device, which provides a smooth link to the optics display. A key object here is an OPTOS machine for looking at the eye complemented by a neighbouring digital screen with video of the inventor speaking about it. Nearby is a 'Pedoscope' X-ray machine. These devices were used during the mid-twentieth century to measure feet in shoe shops and were eventually discontinued as they were found to be dangerous to the health not only of customers, but to staff, who operated them every day and thus received large accumulative doses of radiation. This machine has been selected to show that solutions to problems are not always successful and are often discontinued or superseded. This display also provides a connection to the prosthetics case in the Technology by Design section on the floor below.
The biggest visual draw in the Energise section is the giant hamster wheel where visitors can find out how much energy they can generate by walking or running in the wheel. Renewable energy is the main focus of this section and is a subject particularly relevant for Scotland given the diversity and rapid change in the sector there. Alongside the interactivity of the wheel, different case studies are presented including oil rig decommission, nuclear power station decommission, and the growth of the wave-energy and wind power sectors.
Finally, returning to the galleries as a whole, the strongest aspect of the displays in my opinion was the variety of connections that it was possible to make between objects and stories. Some stories were made explicit to visitors through object labels, such as the subsection on interchangeability of parts described above. In other instances, there were more subtle connections made through the use of space. Lines of sight, for example, are very important in this very open structure and subtly help to make connections between objects on different floors, which inevitably encourage visitors to investigate. The connections are not made explicit in gallery text and are left for the more curious of visitors to discover on their own. For the designer of the gallery it was important to keep in mind that visitors look outwards from a gallery and not just at the objects in cases that are presented to them. Indeed, visits to the upper floors have increased by 23 per cent since the redevelopment, which I imagine must in part be due to these visible connections between objects and stories, or at least the lure of intriguing-looking objects just visible through a gap in the railings or behind one of the airplanes as you look up. In the central atrium between floors, visitors are treated to the tried and tested wow-factor created by suspended aircraft, which never fails to please. From one point of view visitors can look down from a Spitfire through to the Making It section on the first floor, where a Ferranti milling machine which was used to make gunsights for Spitfires in Edinburgh during the Second World War is displayed. This is a further example of the connection, made explicit throughout the galleries as a set, of the importance of knowing the local, Scottish contribution to a subject of global importance such as increased industrialisation, aircraft development and the world wars.
Allowing for explicit and more subtle connections required dramatic rethinking of content from what was displayed before. Rethinking the content for the new galleries enabled the team to acquire new objects and build new areas of the collection, in addition to bringing objects out of storage. Proportionately, one third of the presented objects are old favourites that were on display in the former galleries, but have been rethought; one third were previously in storage and had not been seen by many visitors; and the final third are new acquisitions. The idea to include a display case in each gallery that will be regularly updated provides freshness and a degree of flexibility not always available to permanent galleries. The content of the update cases on the day I visited related nicely to the neighbouring displays, which meant that they didn't appear as an add-on or after-thought.
I enjoyed the digital interpretation, which was used sparingly but effectively. Unfortunately some of the digital interpretation panels were either not working or were slow in loading on the day I visited. However, this is no different from most other museums and is a testament to how popular and well-used they are. Digital interpretation has provided additional connections to be made; the interview with someone who chose to not use a prosthetic in close proximity to the prosthetics case is just one example. Text panels and labels throughout the gallery were accessible to most visitors, achieving a good balance between capturing the necessary information and remaining succinct. Personally I would have liked to see accession numbers for individual objects so that I could have looked up my favourites later, but these were not present on object labels. Not displaying accession numbers creates a potential barrier to research and visitor enquiries regarding particular objects, so I think the displays could be improved if these were to be added in future.
Each section of the galleries was extremely busy on the day I visited with a range of visitors spanning the generations – a testament to the work of the Museum team who have made the content appealing to a broad audience. The ways in which the Museum team layered the connections (old and new, global and local, to name just two) and conveyed these in different ways (through the placing of objects, both close-by and further away, and by the selective use of digital interpretation) clearly enabled different visitors to find meanings that resonated for them. I would recommend a visit to these galleries, which bring a fresh perspective to some familiar history of science, technology and medicine stories, reveal some new ones and make many new connections.
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