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Militants Kill 13 Pakistan Troops, Behead 7
The border skirmish is a new sign of tensions between Pakistan and Afghanistan, two uneasy neighbors. Pakistan has complained that militants use parts of Afghanistan for sanctuary to stage attacks inside Pakistan.
That claim helps Islamabad counter frequent U.S. and NATO complaints that militants behind much of the violence in Afghanistan come from Pakistan.
Pakistani military officials said in a statement Monday that militants from Afghanistan crossed the border in the northwestern Pakistan's Upper Dir region Sunday night and clashed with Pakistan forces on a patrol. The military said six Pakistani troops were killed outright. Seven who went missing were killed and then beheaded, while the remaining four have still not been found. The reports could not be independently verified.
Reflecting the particularly gruesome nature of the attack, newly elected Prime Minister Raja Pervaiz Ashraf said he would complain directly to Afghan President Hamid Karzai about the incident.
"We have strongly protested and I will, too, God willing, talk about this to Karzai," said Ashraf, speaking in Karachi.
Pakistani troops killed 14 of the militants, the military said.
The Pakistani Taliban say their fighters carried out the raid, but the statement didn't say whether the attackers had crossed over from Afghanistan. It said Pakistani claims of militant casualties were false.
Both sides often release false or partial information about such incidents, which usually happen in areas inaccessible to the media.
The deputy border police commander for eastern Afghanistan, Maj. Mohammad Ayub Hassainkhail, said the Pakistani military informed police Monday that one of their patrols was missing. He said they told the Pakistani officials they had no information about any Pakistani military near their checkpoints, but said it is a long border.
"They have plenty of militants on their side. Why would the militants cross over from Afghanistan? I strongly reject this claim that any militants crossed over from Afghanistan to Pakistan and did this," he said.
The border region between Afghanistan and Pakistan is a hotbed of militant insurgency largely removed from the control of the Pakistani government.
In another development elsewhere in the troubled region, a top Pakistani Taliban commander in South Waziristan said Monday that he would not allow any polio vaccinations in his territory until the U.S. stops drone attacks in the region. Maulvi Nazir said in a statement emailed to reporters that all organizations doing immunizations should stop immediately.
This follows an announcement earlier this month by another militant commander in North Waziristan also banning polio vaccinations. Pakistan is one of only three countries in the world where polio is still endemic. The virus usually infects children living in unsanitary conditions, attacks the nerves and can kill or paralyze.
Vaccination programs, especially those with international links, have become under suspicion in Pakistan ever since it became known that a Pakistani doctor ran a fake vaccination program to help the CIA track down Osama bin Laden. The al-Qaida leader was killed during a raid by U.S. Navy SEALs in the Pakistani city of Abbottabad in May 2011. Dr. Shakil Afridi had helped the CIA run a vaccination program designed to collect DNA from bin Laden and his family.


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Born Robert Allen Zimmerman on May 24, 1941, in Duluth, Minnesota, to Abram Zimmerman and Beatrice Stone, he moved to his mother's hometown of Hibbing, Minnesota, at age six when his father was afflicted with polio. He began writing poetry not long after at age ten, followed by playing the guitar at fourteen, self-taught.
In 1959, Robert was awarded a scholarship to the Universityof Minnesotaand came across the autobiography of Woody Guthrie entitled, Bound for Glory, a work that would change his life. He subsequently learned many of Guthrie's songs, performing them locally under a name he legally changed to in 1962, Bob Dylan, after poet Dylan Thomas.
First performing in coffeehouses and local venues, his music career had a respectable start in 1962 with the release of his debut album, Bob Dylan. However, it wasn't until the release of The Freewheelin' Bob Dylan in 1963 that he gained notoriety with such songs as "Blowin' in the Wind" and "A Hard Rain's a-Gonna Fall." Infusing folk with rock and rock, as well as bluegrass and rhythm and blues, Dylan's music was known not only for its mix of genres, but for his trademark lyrics which had a poetic sensibility not heard before, as well as a countercultural appeal. This groundbreaking writing style endeared him to the 1960s anti-war movement and Civil Rights movement, and Dylan was considered a spokesman for his generation, a title which he shrugged off.
Dylan's writing style, unique and original, has won critical acclaim and comparisons to such classic poets as Walt Whitman and T.S. Elliot. He influenced his contemporaries, including poet Allen Ginsberg, as well. Other writers were equally inspired, some dedicating their work to Dylan, such as Joyce Carol Oates with her short story, "Where Are You Going, Where Have You Been?"
Throughout his illustrious career, Dylan oscillated between the counterculture movement he'd helped create and nurture, and brief interludes either away from the spotlight, or from the zeitgeist for which he is known. The first involved a motorcycle accident in 1966, although he continued to write and record. Another happened in 1979, when Dylan converted to Christianity, during which time he refused to play music he'd written prior to his conversion. He returned to his rebellious roots not long after, and fans rejoiced.
Do you know someone, family or friend, who shares Bob Dylan's birthday? Are they a fan and would get a kick out of a Talking Birthday eCard personalized with some of their favorite Dylan lyrics? Any of our Birthday eCards are sure to put a smile on that special someone's face.

subset: commoncrawl


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We are so excited to see so many awesome entries for our March challenge.
Thank you for sharing your amazing designs with us.
Choosing a winner was a most difficult task!
Our Pick for March
We loved the mix of watercolors on this gorgeous flower with the added dimension of the popped up blossoms. The bit of subtle texture behind the flower and a few sequins make this card extra special. All this and Betty's card is still very CAS!
Some more Outstanding Designs
Congratulations to Hazel, Ingrid, Nandini, Mac, Ksenija, Heather,
Kylie, Barbara and Barb!
Make sure to grab your badge below.
April's challenge starts in a few days. See you on April 1st!


text: Orchidée Impériale, an ongoing quest for beauty. In the beginning, a rare flower that foils time - the orchid - a wonder of longevity, an incredible source of discoveries for science. Guerlain has been the expert in orchids and skin longevity for over 12 years: three orchids selected from 30,000 and a new one – the Gold Orchid – to regenerate cell life. Orchidée Impériale exceptional complete care has evolved since its creation to always offer global age-defying action with cutting-edge performance.


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Mold - An Emerging Construction Defect
By Alexander Robertson IV, GPSOLO MAGAZINE, APRIL/MAY 2001
Because Americans spend between 75 and 90 percent of their time indoors, they are exposed to a variety of pollutants from indoor air, which the Environmental Protection Agency (EPA) claims contains between 100 and 200 times the amount found in outdoor air.1 Lawsuits arising from indoor air pollution typically involve both personal injury and property damage components. Personal injuries caused by indoor air pollution fall into three categories: sick building syndrome (SBS), building related illness (BRI), and multiple chemical sensitivity (MCS). Personal injuries fall into the category of sick building syndrome when they are caused by exposure to certain microbiological agents that can arise in buildings that experience chronic water intrusion into the building envelope. At least one commentator has suggested that SBS occurs when at least 20 percent of a building's occupants complain of particular discomforts while inside the building that are alleviated when they leave the building, yet there is no discoverable link between the building source and the problems encountered.2 However, in the case of microbiological contamination, a very distinct link can be found between toxic mold and the occupants' illnesses.
This article looks at the legal aspects in California and other states of property damage and personal injury claims arising from microbiological agents found in structures.
Causes of Action
A litany of potential causes of action are available to the plaintiff, including negligence, professional malpractice, strict liability, breach of implied and express warranties, constructive eviction, workers compensation, violations of the Americans with Disabilities Act, breach of contract, fraud, failure to disclose in sale of property, and violations of the Unfair Competition Act pursuant to Business & Professions Code § 17200 et seq.
The most common cause of action asserted for mold contamination is negligence. The elements of this tort are that: (1) the defendant owed a duty of care to the plaintiff; (2) the defendant breached that duty by a failure to exercise ordinary or reasonable care that a person of ordinary prudence would use under similar circumstances; (3) the plaintiff was injured; and (4) the breach was the proximate cause of the injury, damage, or loss to the plaintiff.
This cause of action is commonly used in actions against builders, general contractors, design professionals, and subcontractors for alleged negligence in the performance of their duties. In addition to any obligation contained in the lease, landlords have a common law and a statutory duty to make repairs and take steps to ensure that property is fit for human habitation.5 Homeowners associations (HOAs) have the duty to maintain, repair, and replace the "common areas" of a common-interest development pursuant to the Conditions, Covenants & Restrictions (CC&Rs) and California Civil Code § 1364. Boards of directors owe a fiduciary duty to the homeowner/members to discharge their duties as well.
For more than three centuries, the general rule governing the purchase of real estate was caveat emptor-or let the buyer beware. However, beginning in 1969, courts in California began recognizing a homeowner's right to sue a builder of mass-produced housing (e.g., condos and tract homes) under a strict liability theory.7
This theory of liability evolved from products liability law. In order to prove this cause of action, the plaintiff must show that the defendant was involved in the mass production of housing, a defect in the house exists, damages were proximately caused by the defect, and the defendant caused or created the defect. The plaintiff is not required to prove that the defendant failed to follow the standard of care of similar builders in the community, an essential element of the negligence cause of action. It is important to note that this theory does not apply to subcontractors, design professionals, or commercial property.
Breach of warranties.
For new construction of both residential and commercial properties, the California courts have created an implied warranty that the structure was designed and constructed in a reasonably workmanlike manner.8 Similarly, a builder or seller of real property may expressly warrant the condition of the construction and improvements, which is a contractual cause of action. For the tenant, the courts have modified the common law duty of the landlord to maintain and repair residential premises by creating an implied warranty of habitability.9
When a landlord breaches an implied covenant of habitability or covenant of quiet use and enjoyment, a constructive eviction may result. The landlord's breach of the covenant may entitle the tenant to recover monetary damages from the landlord for a constructive eviction.10
The legislature has enacted a broad statutory scheme in California to compensate workers who are injured on the job. However, an injured worker is barred from suing his employer for an injury if the workers' compensation insurance is maintained by the employer. Certain exceptions may apply if the employer conceals the cause of the employee's injury.11
Every person who sells or transfers title to residential real estate must disclose all facts that materially affect the value or desirability of the property.12 Individual sellers must comply with California Civil Code §1102, which requires the seller, the listing (seller's) agent, and the buyer's agent to complete and deliver to all prospective buyers a standardized form containing information about the property, commonly referred to as a transfer disclosure statement (TDS). Real estate agents are also required to conduct a reasonably competent and diligent visual inspection of the property offered for sale and to disclose to a prospective buyer all facts materially affecting the value or desirability of the property that an investigation would reveal.13
Several cases have further defined these duties. In one case, a seller of a condo in an HOA delivered a TDS to the buyer before escrow closed, stating that she was unaware of any flooding, drainage, or grading problems. However, prior to this, the seller had completed a homeowners questionnaire sent to her by her HOA in which she had reported a white residue on the interior concrete wall of her garage and algae or fungus on the exterior of the wall. The seller's real estate agent noted on her portion of the TDS that she knew nothing to contradict the seller's representations, but that she knew that some other units in the HOA had experienced water intrusion. Prior to the close of escrow, the HOA sent a letter to all homeowners, including the seller, that the HOA had recently filed a construction defect lawsuit against the builder. The seller forwarded a copy of the announcement to the buyer. One month after escrow closed, the buyer discovered water intrusion damage when she removed a portion of the carpet in her unit.
The buyer sued the seller and seller's brokers for failure to disclose. The court of appeal finally ruled that the seller was not required to disclose past occurrences of algae or white residue in the seller's unit because the seller believed the unit had been repaired and had seen no signs of the problem's recurrence prior to sale. The court held that it was sufficient for the seller's broker to disclose that some of the units, but not the subject unit, had experienced leaks and that litigation by the HOA had been filed against the builder.14 Likewise, there is no duty for a real estate agent to make inquiry to the HOA whether construction defects exist, or whether the HOA is currently involved in a construction defect lawsuit.15 Additionally, the HOA has no duty to tell a prospective purchaser about construction defects or the existence of a lawsuit against the builder to repair the defects, because the HOA is not acting as a seller, is not a party to the sales contract, and doesn't assume any special relationship with the buyer.16
Fungi commonly found in buildings with chronic water intrusion problems include Stachybotrys, Aspergillus, Penicillium, and Trichoderma, among others. Several mold species, including Aspergillus, Fusarium, Penicillium, and Stachybotrys, can produce a wide variety of nonvolatile chemicals, commonly referred to as mycotoxins. Stachybotrys alone produces more than 163 different mycotoxins. The Soviets are believed to have used mycotoxins from Stachybotrys as a biological weapon against Afghanistan.17
Even in low concentrations, these chemicals can cause adverse health effects, including skin irritation, respiratory disease, cancer, and immune disorders. Unlike allergens, mycotoxins elicit a toxic response in virtually all individuals who come in contact with them. Aspergillus Flavus, a common indoor fungus, produces aflatoxins, notoriously potent animal carcinogens. Penicillium, although unable to produce aflatoxin, may produce more than 100 different classes of mycotoxins.
Stachybotrys, one of the most notorious mycotoxin-producing molds, has received much publicity from the media, especially regarding high-profile closings of public and private buildings, schools, courthouses, and hospitals. Various species of Stachy and Fusarium can produce macrocyclic trichothecenes, which potently and adversely affect the immune system and protein synthesis. Stachybotrys chartarum (previously known as atra) produces five different trichothecenes, which are both dermotoxic and cytotoxic. In one study, an extract of various Stachy-produced trichothecenes was given to rats; they died within 24 hours.
Mycotoxins can enter the body via inhalation or contact with the skin. Inhalation of mycotoxins is a much more potent route of exposure than ingestion. Adverse health effects have been noted in individuals who came in contact with Stachybotrys, suggesting that the toxins were absorbed through the skin.
Fungi also produce a wide range of volatile organic compounds (VOCs), consisting mainly of alcohols, ketones, hydrocarbons, and aromatics, many of which have distinct odors. These VOCs, sometimes referred to as microbial VOCs or MVOCs, are typically what cause the characteristic musty or dank smell associated with mold growth.
Inhalation of mold spores, fragments (parts), or metabolites (e.g., mycotoxins and VOCs) from a wide variety of fungi may lead to or exacerbate immunologic (allergic) reactions, cause toxic effects, or cause infections. Immunologic reactions include asthma, Hypersensitivity Pneumonitis (HP), and allergic rhinitis. Skin contact with mold spores may also cause dermatitis, noted by visible red itchy patches of skin. The most common symptoms associated with allergic reactions are runny nose, eye irritations, cough, congestion, and aggravations of asthma.
A wide variety of symptoms has been attributed to the toxic effects of mold. Symptoms such as fatigue, nausea, headaches, respiratory distress, and eye irritation have been reported. Organic Dust Toxic Syndrome (ODTS) has been classified as a serious disease resulting from exposure to toxic species of fungi. ODTS is the abrupt onset of fever, flu-like symptoms, and respiratory distress within hours of a single, heavy exposure to dust containing organic material, including fungi. ODTS may be caused by a variety of bioaerosols, including Aspergillus and Penicillum.18
No matter what legal theory is relied upon, the most difficult element frequently will be causation. Thus, it is essential to conduct thorough and competent testing of both the patient and the patient's environmental surroundings. To perform a site investigation, a properly trained industrial hygienist should be used, one who does not arbitrarily rely upon air samples to determine the existence of fungi. Results from air testing alone can be confounding and are strongly discouraged.19 Amounts of fungal spores often fluctuate widely during the course of a day, and a single air sample reflects only a momentary "snapshot" condition. Certain fungi such as Stachybotrys have sticky spores and are rarely airborne absent some type of physical disturbance, in which case air sampling would be prone to false negative results.20
According to the California Department of Health Services, if mold growth is visible, there is frequently no need to characterize it further by determining the types of mold present. However, a program of bulk and surface sampling is still justified, so that physicians can properly diagnose the occupants using microbial etiology and so that the cost and method of remediation and repair of the building can be determined.
According to the American Industrial Hygiene Association (AIHA), studies of microbial problems in buildings have shown that perhaps 50 percent of microbial problems are not visible. Because of the frequency of hidden mold growth in buildings with a history of chronic water intrusion, most experienced investigators use a mixture of bulk and air sampling for biologicals. Implementing both methods of testing increases the likelihood of discovering the proximity of and defining the biodiversity of biological reservoirs.
A detailed inspection often includes performing destructive testing to remove water-damaged drywall to inspect the back of gypsum wallboard, wood framing members, and insulation. However, care must be taken to warn both the investigators and the occupants of the building and to protect them from unintentional contamination from destructive testing. Proper personal protective equipment (PPE) should be worn by testing personnel.
Information on airborne fungi that is generated from collecting air samples, with subsequent culture in agar mediums, has several limitations. According to AIHA, air samples impacted on agar mediums can greatly underestimate the total propagule numbers present for three reasons: (1) decline in propagule viability with age and exposure to ambient environmental conditions; (2) choice of agar medium; and (3) damage to propagules during sampling. Fungal spores decline in viability from the moment they are produced. Spores of Stachybotrys chartarum decline in viability very quickly. Hence, according to AIHA, the finding of Stachybotrys from air samples collected on culture media must be treated differently from a finding of a Penicillium species. In general, the numbers of propagules determined by cultures are substantially less than those determined by direct methods.
A proper investigation should include both viable (culturable) and non-viable fungal particles. Therefore, when collecting air samples, the investigator should collect both types of particles. When conducting any type of air sampling, samples of the ambient air outside the building should also be collected, so that the genus and spore counts of fungi found inside can be compared to those found outside.
The success of any microbiological contamination case will revolve on the admissibility and credibility of expert witnesses. Experts can include mycologists, microbiologists, industrial hygienists, neuropsychologists, immunologists, toxicologists, and occupational and environmental medical doctors.
The test for the admissibility of scientific expert testimony in federal courts was established in Daubert v. Merrell Dow Pharmaceuticals, Inc.21 In that case, the court held that the trial court must determine whether the expert testimony constitutes scientific knowledge by analyzing whether the theory has been subjected to peer review or publication; whether the theory can be or has been tested; whether there is a known, acceptable rate of error; and whether the theory is generally accepted.
Most mold cases filed in California are filed in state court; therefore, the Daubert factors do not apply. The standard of admissibility for cases filed in state court was established in People v. Kelly22 (often referred to as the Kelly/Frye standard). Under this decision, new scientific evidence is admissible only on a showing of scientific reliability demonstrated by substantial agreement and consensus in the scientific community. The Kelly court established the following factors: whether the new scientific method can be shown to be reliable; whether the witness is qualified as an expert in the field; and whether the theory or method in question was implemented according to proper scientific procedures.
Regarding statistical techniques, the Kelly/Frye standard applies only if the statistical technique is "scientific"-if it appears in both name and description to provide some definitive truth.23 The statistical technique must also be "new" for Kelly/Frye to apply-"new" meaning new to both law and science.24 The Kelly/Frye standard does not apply if the expert merely states an opinion based upon commonly used statistical formulas.25
In March 1999, the U.S. Supreme Court made new pronouncements in the area of admissibility of expert testimony at trial. In Kuhmo Tire Co. Ltd, v. Carmichael,26 the Court ruled that the factors set forth in Daubert apply to all experts, not just those in medicine or the broader sciences. The high court urged lower courts to act as the "gatekeepers" in deciding whether to admit expert testimony to exclude "junk science." The court held that the Daubert factors are not all-inclusive but are to be flexibly applied in order to ensure that the spirit of Rules 702 and 703 of the Federal Rules of Evidence are adhered to in all proceedings where experts are permitted to testify. Based upon this recent decision, it remains to be seen how much credence California state courts will give to the Daubert factors in screening admissibility of expert testimony.
The general principle governing the measure of damages in all California tort cases entitles an injured party to recover full compensation for losses proximately caused by a wrongdoer's act or omission.
The principle codified in California Civil Code § 3333 describes the measure of damages for personal injury, as well as injury to real and personal property. The general rule in construction defect cases is that the proper measure of damages is the diminution of value or the cost to repair, whichever is less.27 However, in at least one other major case, the court of appeal held that the proper measure of damages in a construction defect case is the cost of remedying the defects plus the value of lost usage during the period of injury, regardless of the theory of liability relied upon by the plaintiff.28 At least one case has held that the homeowner can recover the cost to repair, even if it exceeds the diminution of value caused by the defects.29 The rule adopted by the court in this case is commonly referred to as the "personal exception" rule, because the court found that the plaintiffs had a personal reason for wanting to repair their home and had no intention to move. Other cases have held that "there is no fixed, inflexible rule for determining the measure of damages for injury to, or destruction of, property, and whatever formula is most appropriate in the particular case will be adopted."30
For personal injury claims arising from toxic mold-related illnesses, recoverable damages include pain and suffering; past, present, and future medical care; future medical monitoring; lost wages; and loss of earning capacity.31 In rare cases where a death occurred due to fungal or bacterial exposure, a wrongful death claim can be made by the surviving family members for loss of love, companionship, comfort, affection, society, solace, or moral support, and any loss of enjoyment of sexual relations or loss of physical assistance from a spouse in the operation or maintenance of the home. Survivors can also recover for lost financial support from the decedent.32 Prejudgment interest can also be recovered to compensate the plaintiff for loss of use of money or property.33
In California, attorney fees are generally recoverable only if there is a contractual right to recover them. Purchase agreements between buyer and seller of real property frequently include an attorney fees clause. Action brought to enforce the terms of the CC&Rs for a common interest development entitle the prevailing party recover reasonable attorney fees and costs pursuant to California Civil Code § 1354(f ).
Punitive damages may be justified in a fungal contamination case when the evidence establishes that the defendant was aware of the probable dangerous consequences of the conduct and willfully and deliberately failed to avoid those consequences (e.g., landlord or HOA knew of the presence of toxic mold and failed to remediate the dangerous condition or disclose this material fact to homeowner).34
Emotional distress damages may also be recoverable in cases involving personal injury or fraud. However, emotional distress damages cannot be recovered where the injury is confined to property damage.35
Care should be taken regarding the statute of limitations for personal injuries caused by fungal contamination. In the only published decision involving this type of claim in California, the court of appeal held in Miller v. Lakeside Village Condominium Ass'n36 that the one-year statute of limitations provided by Code of Civil Procedure 340(3) applied to a homeowner's claim against her HOA for failure to maintain the plumbing system, which resulted in the plaintiff suffering personal injuries from exposure to toxic mold after flooding occurred. Although the plaintiff's condition was not diagnosed as immune dysregulation until 1986, she suffered "extreme allergic reactions" and "severe bouts of asthma" for which she sought medical attention in 1983 and 1984. The court ruled that the "delayed discovery rule" did not apply to the 1986 diagnosis because the plaintiff had actual knowledge of the negligent cause of her injuries in October 1984, when she hired a microbiologist who pinpointed the source of the mold in her unit and she performed an unsuccessful remediation. The fact that the plaintiff's ultimate medical condition was not properly diagnosed for two additional years was not persuasive to the court. For the one-year period to begin to run, the plaintiff must have been injured and have known the cause of the injury.
Because the source and cause of water intrusion problems are often difficult to identify and correct, and because Code of Civil Procedure 337.15 provides for a ten-year statute of limitations to commence an action for latent defects, a potential conflict may arise between the accrual of a homeowner's cause of action for personal injuries caused by fungal contamination and the limitation period to sue for the underlying defective condition that caused the fungal contamination. This conflict is exacerbated by the three-year limitation period provided in Code of Civil Procedure 338 to commence an action for negligence arising from damage to real property. Thus, a homeowner who discovers a roof leak has up to three years to file suit (provided suit is filed within ten years of substantial completion of the project) but has only one year to sue for exposure to toxic fungus that grew because of that leak. However, the Miller case is in direct conflict with silicone breast implant cases that have expressly held the one-year statute of limitations is tolled until the breast implant recipient suspected or should have suspected that autoimmune disease may have been caused by a product defect.37
Recent Verdicts and Settlements
Because most microbiological contamination cases involve a recovery for property damage to repair and remediate the defective conditions and for personal injury, it is difficult to extract the exact amount paid for each category of damage. In larger construction defect cases involving a homeowners association comprised of several hundred units that is suing the builder for defects to the common areas, a mold claim is often thrown in to trigger insurance coverage for personal injury or loss of use of property. A number of cases reported during the past few years, however, involved single family homes or condo units, which provide a good idea of the value of such claims on a per-unit basis.
* In May 1999, a Simi Valley woman recovered $350,000 against her homeowners association for failure to repair and remediate chronic water damage to her condo and for her personal injuries suffered from exposure to toxic molds, including Stachybotrys. The plaintiff also contracted Meniere's disease as a result of microbiological contamination of her unit. (Tri-Service Reference No. S99-09-19; Jan Hickenbottom v. Raquet Club Villa HOA, VCSC case no. SC 020 526.)
* In May 1998, the owners of a 7,000-square-foot custom home in Playa Del Rey sued the builder after the ceiling caved in as a result of roof leaks that occurred before they moved in. Stachybotrys was found in many locations in the house. The case settled for $900,000. (Confidential Report for Attorneys, CRA No. 10272, 1998 Issue, at pg. 12-54; Doe Homeowners v. Roe Builder.)
* In February 1998, three families in Alameda County sued their homeowners association after leaky pipes caused toxic mold to grow in the crawl spaces of their condo units. The plaintiffs reported depression, anxiety, emotional distress, gastrointestinal maladies, vomiting, diarrhea, respiratory tract infections, severe headaches, fatigue, lethargy, and other symptoms. Blood samples showed elevated antibodies to neurotoxin-producing molds, including Stachybotrys, Aspergillus, and Penicillium. The case settled for $545,000. (Confidential Report for Attorneys, CRA No. 9855; 1988 Issue, pg. 08-76; Jacqueline Berry v. Mission Terrace HOA, ACSC case no. H-182260-5.)
* In February 1997, the owners of a new Malibu beachfront home recovered $1,353,000 for the home purchased from the defendant for $2.5 million. The husband complained of mild respiratory problems and headaches in response to exposure to mycotoxins released by Stachybotrys. The wife, who previously had been diagnosed with an immuno-compromised condition, suffered flu-like symptoms, sore throat, diarrhea, headaches, fatigue, dermatitis, and general malaise. Plaintiffs' cost to repair home was $662,000. (Confidential Report for Attorneys, CRA No. 8795; 1997 Issue, pg. 10-53; Doe Homeowners v. Roe Seller.)
* In January 1999, the Santa Clara County Board of Supervisors voted unanimously to close the mold-plagued South County Justice Center and relocate the three courtrooms and offices to leased trailers pending remediation of the courthouse. Water leaks through exterior walls led to the growth of Stachybotrys, and 12 rooms in the courthouse had been closed due to contamination from toxic mold. About a dozen courthouse workers have filed personal injury claims against the county, and the county has filed its own construction defect lawsuit against the general contractor and its subcontractors who built the four-year-old facility at an original cost of $6 million.
In the largest published verdict of its kind, a $14 million judgment was recently affirmed by the Florida Court of Appeal against the contractor of the Martin County Courthouse for sick building syndrome and construction defects. In April 1996, an Indian River, Florida, jury awarded Martin County $11.5 million against a construction manager and three surety companies. The county alleged that two buildings evacuated in December 1992 suffered from construction defects that resulted in leaks to the building's exterior skin and problems with the air conditioning. Water intrusion and high humidity fostered the growth of toxic molds and mildew in the buildings. It is important to note that this jury verdict dealt with only property damage and did not include personal injury claims, which were the subjects of separate cases.
The trial judge reduced the jury's award by $2.75 million, which reflected the amount received by the county in pretrial settlements with other defendants. The court entered an amended final judgment for $14.2 million, including $8.8 million in damages and $5.4 million in prejudgment interest.
The most notable portion of the appellate decision to uphold the judgment was the affirmation of the trial judge's admission of expert testimony by two doctors, who suggested the existence of a health hazard stemming from the presence of toxic molds in the buildings. The court of appeal held that the county met its burden of proof under Frye v. U.S. (54 App. D.C. 46, 293 F. 1013 (D.C. Cir. (1923)), noting that both experts testified about numerous publications accepted by the scientific community that recognize the link between toxic mold exposure and adverse health problems. (Centex-Rooney Construction Company Co. v. Martin County, No. 96-2537, Fla. App., 4th Dist. (1998)).
* EPA's Indoor Air Quality
* Pyle, Environmental Law in an Office Building: The Sick Building Syndrome, 9 J. Envtl. L. & Litig. 173 (1994).
* See California Jury Instructions, BAJI No. 3.00 & 3.01.
* Sabella v. Wisler (1963) 59 Cal. 2d 21; See also Del Mar Beach Club Owner's Ass'n v. Imperial Contracting Co. 123 Cal. App. 3d 898 (1981).
* Cal. Civ. Code § 1941.
* Ravens Cove Townhomes, Inc. v. Knuppe Dev. Corp. 114 Cal. App. 3d 783 (1981).
* Avner v. Longridge Estates, 272 Cal. App. 2d 607 (1969).
* Pollard v. Saxe & Yolles Development Co., 12 Cal. 3d 374 (1974).
* Knight v. Hallsthammer 29 Cal. 3d 46 (1981).
* Barkett v. Brucato, 122 Cal. App. 2d 264 (1953).
* Cal. Labor Code § 3602(b).
* Easton v. Strassburger, 152 Cal. App. 3d 90 (1984).
* Cal. Civ. Code § 2079.
* Pagano v. Krohn, 60 Cal. App. 4th 1 (1997).
* Padgett v. Phariss, 54 Cal. App. 4th 1270 (1977).
* Kovich v. Paseo Del Mar HOA 41 Cal. App. 4th 863 (1996).
* Medical Aspects of Chemical and Biological Warfare, Office of the Surgeon General, Dept. of the Army, ch. 34, 1997.
* Guidelines on Assessment and Remediation of Fungi in Indoor Environments, New York City Dep't of Health Guidelines, rev. 2000.
* Bioearosols, Assessment and Control, American Conference of Governmental Industrial Hygenists, 1999.
* Field Guide for the Determination of Biological Contaminants in Environmental Samples, AIHA, ch. 3, 1996.
* 17 Cal.3d 24 (1976).
* People v. Leahy, 8 Cal.4th 587 (1994).
* People v. Stoll, 49 Cal.3d 1136 (1989).
* Texaco Producing, Inc. v. County of Kern, 66 Cal. App. 4th 1029 (1998).
* (No. 97-1709).
* Mozzetti v. City of Brisbane, 67 Cal. App. 3d 565 (1977).
* Ravens Cove Townhomes, Inc. v. Knuppe Development Co., 114 Cal. App. 3d 783 (1981).
* Orndorff v. Christiana Community Builders, 217 Cal. App. 3d 683 (1990).
* Ferraro v. Southern Calif. Gas Co., 102 Cal. App. 3d 33 (1980).
* California Jury Instruction, BAJI Nos. 14.10-14.13.
* California Jury Instruction, BAJI Nos. 14.50-14.52.
* Cal. Civ. Code § 3291.
* Penner v. Falk, 153 Cal. App. 3d 858 (1984).
* Erlich v. Menezes 99 C.D.O.S.6808 (1998).
* 1 Cal. App. 4th 1611 (1991).
* Tucker v. Baxter Healthcare Corp., 158 F.3d 1046 (9th Cir. 1998); Hopkins v. Dow Corning Corp., 33 F.3d 1116 (9th Cir. 1994).


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The Battle of Mons
Just a matter of weeks after declaring war on Germany, 80,000 members of the BEF, along with 30,000 horses and 315 guns of assorted size were in France and unwittingly marching straight towards an enemy who had already passed through Luxembourg and was now putting Belgium to the sword. The Schlieffen plan was working beautifully.
On the 22nd August, a forward patrol of the 4th Royal Irish Dragoon Guards encountered the Germans for the first time. While conducting a reconnaissance along the road heading out from Maisières, four enemy cavalrymen of the 2nd Kuirassiers emerged from the direction of Casteau. They were spotted by the British and turned around, whereupon they were pursued by the 1st Troop under Captain Hornby and the 4th Troop. Corporal E. Thomas of the 4th opened fire near the chateau of Ghislain, the first British soldier to do so in the Great War. He was uncertain whether he killed or wounded the German soldier that he hit. Meanwhile, Hornby led his men in hot pursuit and charged the Germans, killing several. He returned with his sword presented, revealing German blood.
Meanwhile, to the rear, having got an inkling that things were about to get a bit heavy, the BEF decided to dig in a loose line along the Mons-Conde canal. They didn't really know how many Germans were on the other side of the canal, but they would find out soon enough. Suffice to say, it would not be a fair fight; less than 80,000 British troops with 300 odd guns, against around 160,000 German soldiers and 600 guns. Ouch.
Although they were facing huge numbers of men and guns on the other side of the canal, the BEF did have two distinct advantages: Firstly, they were professional soldiers, highly skilled and probably the best exponents of the noble art of rifle fire on the planet. Secondly, the German 1st Army, whom they were facing, were under strict orders not to risk outflanking the British, thus potentially losing touch with the German 2nd Army, so they had to launch a more difficult frontal attack. Which they duly did at dawn on the 23rd August 1914. The war was most definitely on.
The artillery opened up at dawn and at 9am the first waves of German infantry attacked, their objectives were the bridges that crossed the canal leading them to the British lines. They advanced across open country in close formation and made a perfect target for the trained British riflemen. It was carnage. The Germans suffered terribly, and by noon had made next to no progress at all.
The BEF held on for 6 hours before the sheer numbers of the enemy meant they had no choice but to blow the bridges over the canal and retreat to a pre-established second line position a few miles away. The Germans were tired and disorganised and failed to press home any advantage despite their huge numerical advantage. German reserves were called up and massed for a new attack in the evening, It was here that the British commanders finally realised the size of the enemy, and they promptly ordered the retreat. They had already lost 1,600 men and didn't fancy losing too many more, so the men were organised, rounded up and the order was given: a fighting retreat towards Maubeuge and then down the road from Bavai to Le Cateau almost 20miles away.


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the welfare waiver controversy
This started out as a Facebook response to some of my friends, but got long enough that I decided I should just post it here.
I'm going to write about the welfare ads that the Romney campaign has been running ads about, and particularly the claim that "Obama gutted the work requirements." Let me start by noting that I've spent the past 16 years of my life working on TANF and related programs, 10 years as a civil service (non-political) employee of the U.S Department of Health and Human Services, and the past 6 for an advocacy organization.
Having said that, let me add the disclaimer that I'm writing this as an individual, not representing my organization. If you want to read what I wrote about the waivers in my work capacity, it's at:
I'm writing this on my own time, on my own computer, on my own blog. And while I know many of the people at HHS (both career employees and political appointees) who work on this issue, I did not know of the policy before it was announced to the public, and I haven't had conversations with them about their motivations since.
So, what did the Administration do that Romney is claiming "gutted" welfare? They issued a memorandum to states, which you can read for yourself, "to notify states of the Secretary's willingness to exercise her waiver authority under section 1115 of the Social Security Act to allow states to test alternative and innovative strategies, policies, and procedures that are designed to improve employment outcomes for needy families."
There are two different questions which are both in play: a) does the Administration have the legal authority to grant waivers of the work participation rates under TANF? and b) is proposing to grant such waivers, "gutting" or "undoing" welfare reform?
On the first question, I think the answer is yes, but I will accept that this is a point on which rational people can reasonably disagree.* It's fair to say that the Clinton Administration did not think that they had the legal authority to do this, but they also had a strong political interest in being able to say to liberals "we don't have the authority to give waivers" rather than "we choose not to" so I don't think they looked hard for the legal arguments to support waivers. It's also fair to say that the Republicans in Congress who are most outraged by this have accepted similar legal stretches under R administrations.
Moving to the substantive question, the memo says very explicitly that states can get waivers in order to test whether there are better ways to get people to work. The current work participation rate is a truly lousy measure — all it does is look at whether someone put their behind in a seat for the required number of hours a day, not whether the program did any good at helping them get jobs. And states spend an enormous amount of time and effort documenting these hours of participation, which is just not a good use of the limited resources (e.g. taxpayer money) available for this purpose. It is 100% true that governors — including Mitt Romney when he was Governor of MA — have been asking for this kind of flexibility for years.
Moreover, the proposal for waivers came with a very large string attached — states who get waivers are going to have to do random assignment evaluations to see if their programs are actually working better than the status quo. And, unlike in the pre-welfare reform waiver period, the federal government isn't going to put up any new money to support the evaluations. So a state that does this has to be really convinced that it's got a better way to do things, and be willing to tested. This is NOT the easy way out.
I sincerely think that the folks at HHS thought that they had written this memo carefully enough, with a strong enough emphasis on work, that it wouldn't be controversial. With the benefit of hindsight, it's clear that they were wrong, but I think this was a misjudgement not a strategy. The idea that Obama did this for political advantage is truly crazy — if the Heritage Foundation and the Romney campaign hadn't taken this on, I don't think there would be more than a couple of hundred people in the entire country who would have noticed that this memo was issued, and I would be shocked if it changed the vote of a single one.
But Heritage jumped on the waiver memo as soon as it was released with screaming rhetoric about undoing welfare reform. This is their way of doing things — they made similarly outrageous claims about the Emergency Fund that was part of the Recovery Act. I don't think there's ANYTHING that the Obama Administration could do on welfare that Heritage wouldn't immediately jump on. And I'm personally convinced that the Romney campaign picked up the Heritage rhetoric without actually reading the memo or having the foggiest idea what it was actually about. What's sad is that they're not backing down in the face of widespread coverage of the falsity of the claim because it's a political winner. One of the most frustrating parts of this whole discussion is that it's shown how little the public understands how much welfare has changed since 1996 — how hard it is to get benefits in most states, that there are work requirements, that there are time limits.


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On the occasion of 90 years since the enthronment of the Holy New Martyr Gorazd of Czech lands in the Cathedral Church in Belgrade, the Divine Liturgy was served by His Holiness Irinej, Serbian Patriarch and His Beatitude Metropolitan Christopher of the Czech and Slovakian lands.
They were concelebrated by many priests of the Arcbishopric of Belgrade-Karlovac, as well as monks and priests from Czech Republic, Slovakia, Russia, Ukraine and Serbia.
Metropolitan Christopher with priests, monks and pilgrims visited in the previous days sanctities throughout Serbia and in those order which Bishop Gorazd was led by God less than a century ago. At first pilgrims visited the Krusedol monastery where the New Martyr Gorazd took a monastic vow, that monasteries of Hopovo and Grgeteg where the Saint was ordained an archimandrite, and then the Cathedral church in Belgrade, where was his chirotony into the rank of Bishop of Prague by the hand of the then Serbian Patriarch Dimitrije.
The pilgrims visited also monasteries of Rakovica and Slanci, the church of St. Sava, and then went to Trsic and Soko grad in the Diocese of Sabac, so as to be on the Feast of the Cross in Szentendre and Budapest.


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DOVER — Donations were piling in just within the first hour of the Stuff-a-Truck food drive at Uno Chicago Bar and Grill for End 68 Hours of Hunger on Friday.
Throughout the weekend the restaurant is accepting food and monetary donations for the nonprofit group that works to end childhood hunger over the weekend when students are unable to receive free meals at school.
Executive Director Claire Bloom and her volunteers fill backpacks up with enough meals for the approximately 68 hours between free lunch at school on Friday and free breakfast on Monday morning.
A D. Marsters Excavation truck is currently sitting in the Uno's parking lot with boxes of macaroni and cheese, containers of peanut butter and jelly and canned soup. The organization is asking for these items, along with cereal, canned tuna and chicken, crackers, canned fruit, granola bars and ramen noodle packages.
Their goal is raise $10,000 worth of donations.
Schools served by the organization will win a pizza party for the class that brings in the most donations and people who donate 10 or more items over the weekend will receive a free "not-so-mini" dessert at Uno's. Families who donate more than 50 items will be entered in a drawing for a birthday party for 10 friends.
"We're excited," Uno's manager Jason Lynch said. "We are just starting the day off and typically we are busier during our dinner rush on a normal day and already you can see we have a lot of donations coming in."
Aside from the truck outside, bags of food were starting to overflow behind the hostess station inside the restaurant.
"I'm overwhelmed at the extent of the support that we have gotten from Uno's and many other community partners for our program," Bloom said. "I am just absolutely thrilled with all of the events that have been scheduled on our behalf."
In addition to filling the truck, Uno's will also be donating 10 percent of the proceeds of every pizza sold over the weekend to the program.
"It is just a pleasure to be connected to something that's such a good cause and is helping out people," Lynch said.
For more information, contact Claire Bloom at (954) 304-1321 or Uno's at (603) 749-2200.


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MONTREAL - Quebec's chief electoral office is trying to clarify the rules for voter eligibility after a number of English-speaking university students from elsewhere in Canada complained they were unable to register for the April 7 provincial election.
Denis Dion, a spokesman for the electoral office, said there are certain cases that are more difficult to assess and the key point is to determine whether a person is committed to living in Quebec.
"It seems that some people trying to register don't always understand the rules," he said.
The comments come after a number of university students came forward saying they had been denied the right to vote.
Earlier Saturday, the controversy moved in a different direction when Montreal's Le Devoir cited an electoral officer who was concerned about the high number of anglophones and allophones trying to register to vote at a downtown Montreal riding.
The electoral officer told the newspaper some of the people didn't have proper documentation and called the situation "abnormal."
"It's as if (Montreal's) Trudeau International Airport was wide open and we distributed free visas to anyone who came through, without question," Mathieu Vandal, the president of local electoral office in Montreal's Sainte-Marie-Saint-Jacques, told Le Devoir.
Vandal resigned from his post on Friday.
With the spectre of another referendum looming over the election, there was speculation on social media of both an attempt at voter suppression or an orchestrated attempt to take down the PQ.
PQ leader Pauline Marois said Saturday she was concerned about the situation and called for the chief electoral office to look into it.
"It raises very serious questions," Marois said.
"This is a situation that worries me."
But Dion sought to downplay any problems on Saturday. He said nothing fraudulent is suspected, and officials are working to clarify to the voting requirements.
Voters must be a Canadian citizen and have lived in Quebec for six months, and have the intention of making Quebec their principal establishment, Dion said.
He said officials also take into account other evidence, such as proof of a bank account in a Quebec institution, a Quebec health insurance card or driver's licence, or a Quebec income tax return.
Meanwhile, a number of university students remain confused about their status.
One McGill student, Joey Broda, said he voted in the 2012 Quebec provincial election but was initially turned away this time when he tried to register.
Broda, a third-year engineering student and Winnipeg native, said he was finally able to register after going to a different office.
Part of the reason he wanted to register was because he was worried about another referendum, he said, but added: "It's also our democratic right."
Another McGill student, Dune Desormeaux, said Saturday he was turned away when he tried to register.
The 21-year-old, originally from British Columbia, said he thought he brought the necessary identification but was told he couldn't vote because he was a student.
Since moving to the province, Desormeaux said he has only returned to British Columbia for a few weeks a year.
"I had anticipated having no problems," he said.
"I brought the documents requested — my picture ID and a proof of address. And basically I was told, after a reasonably long discussion, that I would not be eligible to vote because I was not domiciled in Quebec as they said."
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This is Guest Post by Sharon Dyer
About the Author
Sharon Dyer is a writer and the Director of Content for the Morgan Law Firm, an Austin, Texas divorce firm. Please visit the Morgan Law Firm Blog for additional content.
Laptops are quickly becoming the most widely selling computers. They can range from very small and compact to the larger variety, which are excellent replacements for desktop systems. While there are so many different types of laptops available out there, determining the best one for you is a very personal thing. There are numerous factors that come into play when you are shopping for a new laptop computer and you will have to think about them before making a purchase.
While price is often a huge factor in what a person will buy, this should not be a primary one. The first thing you should consider is the laptop's processor and memory. Think about what you will need a new laptop for and what exactly your intentions are in using it. Is gaming your primary purpose for getting the new computer? Or are you simply in the market for a new laptop because you want to browse the Internet? Perhaps you need the computer to use various office programs such as word processing and spreadsheets. If you plan on doing anything that requires extensive graphics performance, you should look for a laptop that has an excellent video and graphics card as well as a fast processor and plenty of RAM. However, if you just want to perform the most basic tasks, you can consider a laptop that has the minimal amount of memory with a smaller processor.
Hard drive space is also of utmost importance. Obviously, if you are planning on creating and saving many files, you will want a larger hard drive. If your intention is to download tons of music and video directly to your laptop's internal hard drive as opposed to an external one, you should opt for one with a bigger capacity. If you are simply using a laptop for work and for saving a few documents, you can select one with a smaller hard drive. Currently, you can buy a laptop with anywhere from 320GB to 750GB of storage space.
The operating system of your laptop is also very important. You can opt for a Microsoft Windows laptop or an Apple Mac laptop if you prefer that platform. You may even lean more toward an older Windows operating system if you are not fond of Windows 7 as there are still Windows XP and Vista machines being sold by some vendors. These will likely be less expensive as well.
If you plan on using your new laptop on the go, you will want to consider its battery life. You will not always have the option of plugging in the adapter, depending on where you are, so look for a battery that lasts at least a good eight hours. Another important aspect of a laptop you will be toting with you often is the size and weight. There are many smaller, thinner and lighter machines available that are a joy to carry around as they will not weigh you down.
Keeping your eyes open for all of the most important specifications will ensure you will find the best laptop for you. Once you have determined all of these factors, you can research various brands and models that fit your needs as well as your budget.
This is Guest Post by Sharon Dyer
About the Author
Sharon Dyer is a writer and the Director of Content for the Morgan Law Firm, an Austin, Texas divorce firm. Please visit the Morgan Law Firm Blog for additional content.


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GPS Hunt also tracks other essentials as well: weather forecasts, sun and moon phases, trip stats and ballistics info. Our power saver technology monitors how you use the app in order to preserve battery power. Plus, GPS Hunt works in remote places without the need of data and cellular signals.
NEW: Check out our new SD/microSD memory cards with topo maps and private land ownership details, including plot boundaries, land owner's name, parcel number and address. Just drag maps from the SD card into iTunes. Then sync iPhone. More at: www.gpshuntfish.com/sdcards
• GPS Hunt uses the GPS built into your iPhone to track your location with GPS satellites. No data or phone signal is needed to see your current location or to mark points.
• View unlimited topographic maps in the United States and Canada. Topo maps are 1:24K scale in the Lower 48, 1:63K in Alaska, and 1:50K in Canada.
• Consult street, road, and terrain maps; and satellite photos.
• Store up to 200MB of map quads on your iPhone.
• Go to the Offline Maps feature to save map packages on your phone for viewing maps in remote areas.
• Follow your track on seamless maps.
• Navigate with the digital compass. Choose between: Magnetic North and True North.
• Use the Goto feature to navigate from your location to a saved or manually entered coordinate.
• Mark waypoints of your favorite (or secret) spots like a hunting blind, campsites, treestand, game trails or where you parked your truck.
• Record unlimited tracks.
• See GPS coordinates in various formats (WGS84, NAD27, Latitude/Longitude, UTM)
• Capture photos and videos. The GPS Hunt app geotags your media to an exact location on a map.
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• See 15+ trip stats, including mileage, speed, elevation, direction, elevation gain/loss, and GPS position.
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• Turn on Blood Trailing to track blood spots after the shot.
• See ballistics details and graphs for 850+ pistol and rifle cartridges you might buy at outdoors stores like Cabelas, Bass Pro, Gander Mountain, or Sportsmans Warehouse.
• Save precious battery power. GPS Hunt carefully manages battery life based on how you use it.
Get access to exclusive features and outdoors maps on your phone, tablet, and PC. As an Elite member, you can:
• Access more than 3,000 Mega Offline Map bundles. Download topographic maps on your phone by state, county or hunt unit. These maps are based off the USGS quad maps and enhanced by MyTopo.com.
• View public land boundaries like state game lands, wildlife areas for all states, except AK, DE, RI, and SC.
• View hunt units and GMU boundaries for 10 states (AZ, CO, ID, MT, NM, NV, OR, UT, WA, and WY).
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Notes: Continued use of GPS running in the background can dramatically decrease battery life. GPS Hunt is designed and optimized for the iPhone 5S, 5C, 5, 4S, 4.
Learn more at: GPSHuntFish.com.


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Share Thinc Iowa - October 20-21, 2011
See thinciowa.com.
Your email will only be seen by the event organizer.
Find out more about how your privacy is protected.
In order to purchase these tickets in installments, you'll need an Eventbrite account. Log in or sign up for a free account to continue.


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Join the rank and file testing subjects at Aperture Laboratories without suffering! All you have to do is buy this bright orange test subject t-shirt from ThinkGeek. The officially licensed Portal 2 tee is more comfortable than putting on an entire jumpsuit plus you won't look like you just escaped from prison. Pair it with a Portal Gun for a fast and easy costume.
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Willamette University adheres to a policy of non-discrimination. Employers wishing to interview on campus must indicate compliance with the University's policy, which reads as follows:
Willamette University Non-Discrimination Policy
Willamette University opposes discrimination in the recruitment and hiring of students and graduates based on race, color, religion, sex, national origin, marital status, veteran status, actual or perceived sexual orientation, gender identity, gender expression, or status with regard to pregnancy, disability or age. The University will not allow its facilities or services to be used by an organization that practices unlawful discrimination or whose employment practices violate the University's equal opportunity policy.
In the case of employers who follow policies of legal discrimination but who do not practice a policy of equal opportunity, the University will permit employer information to be made available to assist students in making choices and contacting potential employers but will not permit on-campus interviews.
Any complaints concerning practices by employers during the recruitment and hiring process that are inconsistent with the terms of this policy should be reported to the Dean of the appropriate graduate school of the University or to the Dean of Student Affairs for the College of Arts & Sciences who will investigate by following a procedure developed within each school.
Amendment to Willamette University's Non-Discrimination Policy Statement
Military Recruiting At Willamette University
On December 22, 2010 President Obama signed a bill repealing the policy barring those who are openly gay, lesbian, or bisexual from military service. This policy, known as "Don"t Ask, Don"t Tell," violates Willamette University"s non-discrimination policy.
Despite the President"s signature, the repeal will not go into effect until sixty (60) days after the President, the Secretary of Defense, and the Chairman of the Joint Chiefs of Staff certify that the repeal will not harm military readiness. Until that time, "Don"t Ask, Don"t Tell" remains in effect, and gay, lesbian or bisexual service members remain at risk for discharge.
While this is a temporary situation, the military"s hiring practices continue to violate the Willamette University CAS"s non-discrimination policy. Due to the threat of withdrawal of federal funds to the University posed by federal law under the Solomon Amendment, the University will continue to make a limited exception to our non-discrimination policy in order to accommodate the US Armed Forces and JAG.
The Willamette University CAS is optimistic that the military"s discriminatory hiring practices will soon be eliminated altogether and that all qualified students of the University who desire employment opportunities with the US Armed Forces and JAG will be eligible to do so.
Updated February 2014


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Rough translation of Rob's interview
The interview was done in a private club in Sunset Boulevard.
He hid his intense beauty under a baseball cap, a blonde scruff, a lumberkjack shirt, a white tee and washed out jeans. They had the interview on the terrace where he could light up his cigarettes.
Between light coughs and nervous laughs, he explains that he doesn't feel at home here.
His dream is to work in a black comedy of Todd Solodnz or in dramas for men by James Gray or Jacques Audiard.
"I was scared of being cut off from the art-house cinema that I always felt passionate about. I was scared to never be asked to play in anything interesting, that my life would pass and that someone would ask me one day, 'so apart from Twilight, what did you do?'. In this industry, you're easily typecast"
"I never proved anything, I was never fooled by the hysteria that surrounds me. It's the character that I play, Edward Cullen, the romantic vampire. Besides, before the movie was even made, girls would screams at Stephenie Meyer's public readings."
When he got the script for Cosmopolis: He got the fear of the beginner/novice. "I was so scared I would screw this up that I spent a week trying to find a way to refuse the job. And then I told myself that I shouldn't be so stuck-up. My agent was nervous: 'why would you accept if you don't understand it?'. I confessed my confusion to David and he liked it. I think that might be why he hired me. Most actors would have try to act cooler, try to say something smart but I was completely lost."
Cronenberg said that the actor didn't come on set with his hands in his pockets. That he's an assiduous reader, who's been interested in the character of the 'golden boy' for a long while, one who's close to the one he portrays in Cosmopolis. 'Money' by Martin Amis - which describes the giddy heights of easy money and the chic hedonism - is one of his bedtime readings. He finds so many similarities with himself in the empty space of the star system, that he wrote how own version of the novel, in hopes of playing it one day.
"I thought about it for Cosmopolis of course but the characters are too different and Cronenberg prefered that I knew nothing. He wanted me to give in, to say my lines in almost an abstract way, like poetry. It was exciting and a little scary. Today I'm nervous about the idea of having to talk to an audience about a movie that stays dark. But Cronenberg, himself, wanted to have something that escapes him. He would tell me about Fellini and say that a filmmaker that has a goal is dead already. It's so much more interesting than to know right away where an artist is gonna take you. Plus, its' the first time I really like one of the movies I make."
(The article talks about his family, how his sisters dressed him up as a girl, how he did modeling jobs.)
"At the beginning, I was sort of repelled by the vanity of actors. I wanted to write before everything else, but pretty fast I had to find myself. In a humdrum way, acting seemed the best way for me to express what I couldn't say in a different way."
(The article then mentions his role cut in Vanity Fair and Harry Potter. His verve, his arrogance and his disposition didn't offer him many roles. )
"I was at loss, I would do one acting job after the other without any consistency. Thirty euros days job. When I was offered Twilight, I didn't have a choice. It had been three years that my agent in Hollywood would try to find me a job without any luck. Usually, after six months of unsuccessfull search, you're dead in this industry, but she kept believing. I was never fascinated by a role but when I'm chosen I give myself to my character at 150%."
The Twilight saga that was about to eat him whole, will end next Fall.
"I'm curious to reunite with this universe for the last time, to see the effect it will have on me and on the audience. I feel like the frenzy is starting to die down. We step into the era of The Hunger Games, the world wants fresh meat!"
Today Robert Pattinson has five next projects lined up, including one in Iraq. And since he knows that "you only get to have one or two failures before you're forgotten," he speaks about going back to music and writing songs, inspired by Van Morrison's Beside You and Neil Young's Ambulance Blues. He also has in mind the idea of a movie and a TV show, he never gave up on being his own author and to work with determination on the script of an ambitious project - a trilogy of fantasty adventures (and politics), freely adaptated from a successful novel.
"People are listening to me right now so I take advantage of it. I don't think authors last very long in our time and I love this job way too much to let it go away."
Télérama: How would you present the movie to Rob's fans?
DC: We could tell them that it's story of a vampire on Wall Street. It's almost true, even tho a little deceiving. We can emphazise that Rob is in every scene, that he's sometimes naked and that he has sex with Juliette Binoche. This, the fans won't find in Twilight, it's a more conservative cinema. During the filming of Cosmopolis? Tons of girls were waiting o, set, in the streets, at any hour of the day and night. They had made t-shirts with the strange gun from the movie and the name 'Nancy Babich' that served as code to use the weapon. It was really cute. As were the internet websites about Cosmopolis, that Rob's fans made when the movie got greenlighting.
David talks about a character at the beginning of the movie - a 19 year old businessman - who says his career is over and that he can't face the abstraction of capitalism from today.
Télérama: What about you, can you face it?
DC: I reveal nature in concrete terms. Cinema is not an abstract art. everything should be embodied in characters. Eric Packer, that Rob plays, represents the triumph of capitalism pushed to self-destruction. Many people think today that it's going to eat itself, to explode or to implode. My movie doesn't talk about this, but I can't tell Rob: 'You're the symbol of a self-destruct capitalism.' He can't play it like that. He has to play a character. The cinema is forced to be, in a certain way, extremely realist and I like that.


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CHICAGO, Feb. 18 (UPI) -- Sweet potatoes come in white, cream, yellow, orange and purple, but U.S. researchers say orange sweet potatoes are best source for vitamin A.
Betty J. Burri of the Western Human Nutrition Center at the U.S. Department of Agriculture says in some developing countries vitamin A deficiency is common.
An article published in the Comprehensive Reviews of Food Science and Food Safety explained how orange sweet potatoes could help prevent vitamin A deficiency in developing countries where this nutritional disease causes more than 600,000 deaths per year -- mostly of young children or pregnant women.
Sweet potatoes in the United States are largely orange, but in some parts of Africa the custom is to feed orange sweet potatoes to livestock and white sweet potatoes -- which have very little pro-vitamin A carotenoids -- to people, Burri says.
Ongoing educational programs have been developed to guide these populations to eat more orange sweet potatoes and improve their vitamin A status, but the food industry could develop different food products made from sweet potatoes such as sweet potato flour, which can be made into biscuits and buns, Burri says.


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Education (Concept)
education, any process, either formal or informal, that shapes the potential of a maturing organism. Informal education results from the constant effect of environment, and its strength in shaping values and habits can not be overestimated. Formal education is a conscious effort by human society to impart the skills and modes of thought considered essential for social functioning. Techniques of instruction often reflect the attitudes of society, i.e., authoritarian groups typically sponsor dogmatic methods, while democratic systems may emphasize freedom of thought.
Sections in this article:
- Introduction
- Theories of Education
- Bibliography
- Development of Education
The Columbia Electronic Encyclopedia, 6th ed. Copyright © 2012, Columbia University Press. All rights reserved.
See more Encyclopedia articles on: Education: Terms and Concepts


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This page provides the most central guidance material that supports and accompanies stakeholders to develop an understanding of the EX-Ante Carbon-balance tool, reach full proficiency in its use and find the relevant scientific specifications EX-ACT is based on.
The Quick Guidance material provides a well-founded and concise overview of methodology, data needs, application and final use of EX-ACT. It is structured into two parts: A Guidance for Decision Makers (10 pp.) discusses in the first part of the document the main logic and utilization of the tool, the then following Guidance for Tool Users (8 pp.) introduces more technical aspects around methodology as well as data collection and entry.
The User Manual (134 pp) provides the comprehensive guide to all aspects of EX-ACT. It deals in detail with methodology, data collection, data entry as well as results utilization and leads users to proficiency in the independent use of the tool. The User Manual consists of a series of practical and easy digestible steps that allow for selective, non-sequential reading. While being subdivided into the three report parts A) Introduction and Rationale, B) Step-by-Step Guide to the Tool Use, and C) Making Effective Use of EX-ACT Results, it is complemented by a set of annexes that reach out to central related issues.
The Technical Guidelines instead specify the methodological and technical structure of the tool. They provide the detailed scientific background of EX-ACT and show in a transparent way how default values for emission coefficients and carbon stock values are utilized. It thus provides the technical background information relevant for scientists interested in understanding the data used as basis of the tool or attempting to compare the EX-ACT methodology to the assumptions of other GHG tools.
Besides the here above presented comprehensive guidance documents, further material focuses on specific sub-aspects.
Main recommendations for the elaboration of the baseline scenario
The paper "Main recommendations for the elaboration of the baseline scenario" focuses on practical steps on how to develop a realistic baseline scenario for the use in EX-ACT.
Using Marginal Abatement Cost Curves (MACC) to realize the economic appraisal of Climate Smart Agriculture policy options
The paper "Using Marginal Abatement Cost Curves (MACC) to realize the economic appraisal of Climate Smart Agriculture policy options" specifies how to derive MACC with the help of EX-ACT and how to use MACC for guiding policy decision making.
Main Guidance:
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2nd Victim Of Boston Marathon Bombing Identified [VIDEO]
President Obama will visit Boston on Thursday to attend an interfaith service as the investigation continues into Monday's Boston Marathon explosions that injured 176 and left 3 dead.
No details about the service or the President's visit have been released which was announced at a late afternoon press conference.
Boston University has announced that a BU graduate student is third victim of the explosion but would not release the student's name or nationality according to WCVB TV. Officials at the press conference said next-of-kin of the third victim had not yet been notified. BU says the student was with two friends who were watching the race at the finish line, not far from the university's campus. One of the friends, also a grad student at the university, was injured and is at Boston Medical Center in stable condition.
The FBI confirmed the fact that the bombs were in explosive devices and that black vinyl was found on the ground near where they went off but did not reveal much else about their investigation. They reiterated that no specific threat was made about the Marathon and no group has stepped forward to take credit.
Boston Police Commissioner says they have received a lot of pictures and video from the public and special FBI teams are coming to Boston to review the footage.
Governor Duvall Patrick (D) said the National Guard will be present in Boston for the forseeable future.
"A Wonderful, Wonderful Girl'
The second victim of the explosions has been identified as a 29-year-old woman from Medford, Massachusetts, Krystle Campbell who was at the race to cheer on her boyfriend running the race and had brought along a friend to take a picture as he crossed the finish line.
The friend was seriously injured in the explosion.
"My daughter was the most lovable girl. She helped everybody and I'm just so shocked right now. We're just devastated," her father William A. Campbell told Yahoo! News. "She was a wonderful, wonderful girl. Always willing to lend a hand."
William did not know if the boyfriend finished the race.
Bomb In A Pressure Cooker
CBS News reports one of the bombs, classified as "low explosive" was inside a metal pressure cooker and then into a black nylon bag or back pack. Pieces of an electronic circuit board were found meaning that the explosive was detonated with a timer.
The bomb was filled with BBs,nails and ball bearings. Dr. George Velmahos, the chief of trauma surgery at Massachusetts General Hospital, says doctors removed "a variety of sharp objects," including pellets and nails, from the wounds of victims.
Only Two Bombs
At a morning briefing Massachusetts Governor Duval Patrick (D) no unexploded bombs were found in Copley Square. He says the only explosives were the ones that went off Monday. FBI Special Agent in Charge Richard DesLauriers says that there is no imminent danger to the public of further explosions and described the investigation as being "worldwide."
Police and law enforcement continued to refuse questions about specific aspects of the investigation including possible suspects. They did say no one in custody is linked to the bombings.
President Obama has ordered flags lowered to half staff at the White House and all federal buildings.
Terror was brought to the city of Boston, Mayor Says
Boston Mayor Thomas Menino in said, "Terror was brought to the city of Boston" and thanked the first responders and those who immediately began to help after the bombs went off.
State police warned that Boston will have an enhanced police presence in the coming days.
Police are also looking for photos and video taken at the time of the explosion. Davis called it "the most photographed area of the country" during the marathon. Anyone something to submit should call 1(800)CALLFBI. Please include the time of the video or photo.
Meanwhile, WCVB TV reports that the Copley Square area was swept for bombs twice before the runners came through and turned up nothing.
A Visit To An Apartment In Revere
WBZ TV reports that Massachusetts State Police converged on an apartment in nearby Revere but would not say why or what they were looking for other than to say it is in connection with the bombings. Investigators were seen leaving with brown paper bags, plastic trash bags and a duffel bag.
The roommate of the Saudi Arabian man tells the Boston Globe "I don't think he could do that." The man is described as a devout Muslim who is 20-years-old and is attending an English language school.
Revere Fire Department on its Facebook page posted that they were going to assist with the search for a "person of interest."
Police later said the man was actually a victim and was co-operating with investigators.
Doctors treating victims have removed what some described as ball bearings from their bodies. Dr. Stephen Epstein of the Department of Emergency Medicine at Beth Israel Deaconess Medical Center tells WCVB TV that one victim had "what appears to be small, uniform round objects throughout it - similar in the appearance to BBs."
Federal investigators said no one had claimed responsibility for the devastating attack on one of the city's most famous civic holidays, Patriots Day. Two explosive devices went off within 15 seconds of each other in the finish line area in Copley Square at 2:45 p.m. following the running of the Boston Marathon.
U.S. Rep. William Keating, a member of the congressional Homeland Security Committee, says the twin bombs appear to be a coordinated attack according to WCVB TV.
An 8-Year-Old Victim
Numerous media outlets identify one of the victims of the blast as 8-year-old Martin Richard. His mother and sister were seriously injured in the explosions as well according to WCVB TV which reports his family placed a single candle in the window of their Dorchester home last night
Those who work in Boston are encouraged to report as usual but should expect heightened security and checkpoints. The MBTA subway will not be stopping in Copley Square. Flights are coming in-and-out of Boston's Logan Airport as usual but tonight's Celtics game at Boston Garden against the Indiana Pacers has been cancelled.
New Englanders who already had a tax-filing deadline of today because of the Patriot's Day holiday will not have to file by today. Further details will be announced by today.
The American Red Cross in Boston is not calling for blood donations to help victims. "There is currently enough blood on the shelves to meet demand," tweeted @RedCross.
Heightened Security In New Jersey
New Jersey's bridges and tunnels are on heightened alert but the FBI says there has been no specific threats made. "The New Jersey State Police has recalled and pre-deployed our bomb unit, aviation crews, tactical teams, and search and rescue assets," Lt. Stephen Jones, a department spokesman, said in a statement.
"NJ Transit police have deployed both uniformed and plain clothed officers to further patrol our system and keep our customers safe," the organization said in a statement, asking riders to be aware of suspicious activity.
Increase In Security
A surge of security from coast-to-coast and across the Atlantic has followed the Boston Marathon bombings. Security intensified at the White House, New York's Times Square, and in London ahead of former Prime Minister Margaret Thatcher's funeral in London. The London Marathon is also scheduled this weekend. Police in Los Angeles, Washington, D.C., Detroit, San Diego and Las Vegas monitored landmarks, government buildings, transit hubs and sporting events.
The London Marathon will go on as scheduled. Sports Minister Hugh Robertson tells the BBC he is "absolutely confident" the race will be run on Sunday. "This is one of those instances where the best way to show solidarity with Boston is to continue," he added.
The FBI is aware of the significance of April on the calendar. Yesterday was Patriots Day in Massachusetts and also the day federal income tax forms needed to be filed. One hundred people were killed in April, 1993 in the FBI's siege of a compound in Waco, Texas while in April, 1995 nearly 200 were killed in the bombing of a federal building in Oklahoma City.
The Associated Press contributed to this story


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Thank you for visiting our Kingston Hyundai website. If you don't see a particular vehicle, click on CarFinder and complete the form. We will gladly inform you when a matching car arrives. If you'd like a see a vehicle in person, click on ;Dealership: Directions for step-by-step driving instructions to our site, or give us a call. We look forward to serving you!


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It is a form of abstract art that uses acrylic paints with a runny (fluid)consistency. The acrylic paints react with each other when combined together to make interesting and visually organic motifs. This type of art is fun for all ages. Fluid acrylics can be used on many types of substrates and in many different forms such as pouring, dripping, swirling, glazing, dipping and many other effects.
Fluid art opens up a lot of possibilities and is definitely worth exploring and adding to your artist tool belt. In this course, I will teach you everything you will need to become a paint pouring artist. I will share with you:
* Please Note! If you like a lot of talking this course may not be for you. When I create art I get in a trance-like state and talking interrupts my flow. I do some voiceover introductions and descriptions here and there but this course is heavy on visual content. I do a lot of pop-ups on the screen that are full of helpful information and descriptions and I supply you with written resources as well.
I will show you how to properly handle and care for your art
I will show you how to protect your artwork
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Reporting & Information
City Departments
Public Safety
Police Department
Patrol Division
School Resource Officer Program
School Resource Officer Program
The goal of the School Resource Officer (SRO) program is to protect students and reduce the incidences of juvenile crime and delinquency. The SRO program is currently comprised of five officers, two officers at the Fayetteville High School, one officer at Ramay Junior High School, one officer at Woodland Junior High School, and one officer at ALLPS School. They also provide services on a call-by-call basis to all other schools in the district.
The program brings a variety of police services directly to the school in addition to classroom presentations, mentoring and personal contacts to approximately 10,000 students on a daily basis.
For more information on the School Resource Officer Program, call 479-587-3555
School Resource Officer Programs
A.L.I.C.E.: Alert, Lockdown, Inform, Counter, Evacuate: This is an active shooter / lockdown procedure which has been implemented in every school is the district.
CPTED: Crime Prevention Through Environmental Design: CPTED security surveys are completed on every school in the district on a rotating basis. This is done to ensure the most up to date security practices are being used at our schools for the safety of our students and staff.
K9 Searches: The school district and Fayetteville Police K9 officers work together and schedule monthly random K9 searches of the schools for drugs, paraphernalia, and weapons.
Unannounced Lock Down Drills: Unannounced lock down drills are conducted by the SRO's at random schools through out the district. This is done to prepare staff and students in the event of a real lockdown situation.
Sgt. C. Scherrey Supervisor/Fayetteville H.S.
Ofc. M. Freeman
Cpl. C. Clardy ALLPS School of Innovation
Cpl. E. Luebker Ramey Jr. High
Cpl. K. Carroll Woodland Jr. High
Cpl. T. Reed McNair (Based)/Middle School
Cpl. J. McKinney Fayetteville High School
Bicycle Unit
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Forum rules | FAQ | Technical help | Announcements | New members start here
because there may come a day and time when the best ammo is banned, unavailable or just too expensive to buy more of, so having enough to practice with once a year (the rest of the time training with hardball ammo) is a good idea and it would be nice to run a mag of the stuff a year just so you know how your gun handles with it in it.
but I would suggest using a .22 pistol for practice anyway.
... after I had between 500-1,000 rounds per gun (more for .22), I would focus on getting the necessary "uncool" accessories. Slings, holsters, EXTRA MAGAZINES (what good is it to have 20,000 rounds of ammo and only one or two magazines?), spare parts, and other under appreciated items would be a wise investment.
I did learn some cool tricks, like putting a grenade in a boot (so it doesnt roll back down the stairway) and throwing it to the top of the stairwell.
My first goal has been to get up to around 500 rounds of .223 brass cartridge. My second goal will be to set myself up to reload them. My third will be to build a cache of less-expensive steel cartridge stuff for one-time zombie-wompin'. Frankly, for me anyway (and I sure don't speak for anyone else) if it's anywhere near that bad I'm already toast. I should have left a long time ago. The danger of having lots of guns n' ammo can be that it creates the mindset that gets entrenched--"I got anything handled, I have all THIS stuff, I'm not going anywhere", not realizing you don't have the ability to mount a defense against multiple targets over a long range of time. You have to sleep. Your four yr old can't mount a weapon. Etc..


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Tuition at the University of Pennsylvania is calculated at a per course unit (c.u.)* rate based on the program in which you are enrolled and the number of course units for which you register.
Choose your program of interest, below, to learn about the relevant tuition and fees.
- Bachelor of Arts
- Bachelor of Fine Arts
- Classical Studies
- Domestic Guest Student Program
- Executive Master of Public Administration
- International Guest Student Program
- International Master of Public Administration
- Master of Applied Positive Psychology
- Master of Behavioral and Decision Sciences
- Master of Chemical Sciences
- Master of Environmental Studies
- Master of Liberal Arts
- Master of Public Administration
- Master of Science in Applied Geosciences
- Organizational Dynamics
- Non-Traditional Graduate Studies
- Post-Baccalaureate Studies
- Pre-Health Programs
- Senior Auditors
- Young Scholars Program
Students enrolling in classes offered at other schools of the University should coordinate closely with their program director and academic advisors to fully understand the tuition implications.
Please note that all tuition and fee charges are subject to the approval of the Trustees of the University of Pennsylvania and may change without notice.
It is our goal at Penn to make education accessible to talented students from the widest possible range of backgrounds. Your financial support options will depend on the program in which you are enrolled, so be sure to read more at the program links, above.
Student Financial Services issues monthly Student Account Billing Statements electronically via Penn.Pay. The bill includes tuition, fees, room, board and other expenses. Updated transactions resulting from add/drop activity can be viewed under the New Activity section of Penn.Pay, and will appear on your next monthly statement.
There are a variety of payment methods options available, including in-person, by mail, through wire transfer or online through Penn.Pay. You should always pay your bill in full by the due date to avoid a late penalty.
The current billing schedule is available at the Student Financial Services website. Please contact the department responsible for any questions about a specific charge on your bill.
Student Financial Services
The Student Financial Services (SFS) office is available to help prospective and current students understand and navigate financing options.
Payment plan options
Penn offers several low-cost payment options that are not based on financial need.
Penn employee benefits
Learn more about the benefits available to full-time Penn employees.
Third-party payment
Learn more about special billing arrangements available for your employer or other third-party sponsors.
Penn/Federal Work-Study provides on-campus and off-campus employment to eligible undergraduate and graduate students with financial need.
Yellow Ribbon Program
The College of Liberal and Professional Studies is among the many entities at Penn that have committed funds to support eligible veterans through the Yellow Ribbon Program.
Graduate Student Information Session
Student Registration and Financial Services staff provide an overview of tuition and financing for prospective graduate students, including information about loans, living expenses, and payment plans. View information session slides >


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