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noting that application of precedent is a question of law subject to unlimited reviewSummary of this case from State v. Garner
No. 95,668.
Opinion filed June 9, 2006.
1. WORKERS COMPENSATION — Persuasive Authority of Administrative Agency — Questions of Law — Undisputed Facts. The determination of an administrative body as to questions of law on undisputed facts is not conclusive. While persuasive, it is not binding on the courts.
2. APPEAL AND ERROR — Statutory Interpretation, Application of Precedent, and Due Process are Questions of Law — Appellate Review. Statutory interpretation, interpretation and application of court precedent, and constitutional due process questions raise issues of law subject to unlimited appellate review.
3. SAME — Statutory Right to Appeal — Due Process Required. When the legislature has provided the right to an appeal, the minimum essential elements of due process of law are required to be provided.
4. CONSTITUTIONAL LAW — Due Process — Reasonable Notice Required. To satisfy due process, notice must be reasonably calculated, under all of the circumstances, to apprise the interested parties of the pendency of an action and to afford the parties an opportunity to present any objections.
5. WORKERS COMPENSATION — Due Process — Statutory Right to Appeal — Tolled Until Actual Notice of Award. Under the circumstances of this case, due process requires that claimant's 10-day time limit for appeal of the administrative law judge's award to the Workers Compensation Board be tolled until claimant's counsel received actual notice of the award.
Appeal from Workers Compensation Board. Opinion filed June 9, 2006. Affirmed.
Troy A. Unruh, of Wilbert Towner, PA, of Pittsburg, argued the cause and was on the brief for appellants.
Timothy A. Short, of Law Office of Timothy A. Short, of Pittsburg, argued the cause and was on the brief for appellee.
The opinion of the court was delivered by
This appeal requires interpretation and application of the statute governing timeliness of appeals to the Workers Compensation Board (Board).
Claimant Jason Johnson suffered a back injury at work. The decision of the administrative law judge (ALJ) responsible for the case, which found failure to prove a task loss, was issued within a week after all evidence had been submitted; administrative law judges have 30 days to rule. See K.S.A. 44-523; Nguyen v. IBP, Inc., 266 Kan. 580, 583, 972 P.2d 747 (1999) (30-day time limit directory only). A copy of the decision was mailed to Johnson's counsel's office but never arrived. Johnson's counsel learned of the decision on the last day permitted for filing of an appeal to the Board, May 24, 2005. This was too late for counsel to contact Johnson to authorize an appeal and then get it filed before the deadline. Johnson's application for Board review ultimately was filed on May 27, 2005.
The Board found that Johnson and his counsel had not received actual notice of the ALJ's decision and the date of the award; thus it considered the appeal on its merits and granted relief to Johnson. One Board member dissented. Johnson's employer, Brooks Plumbing, LLC, and its insurance carrier now challenge the Board's decision to reach the merits of the appeal, despite its late filing.
Standard of Review
Although this court has said that "interpretation of a statute is a necessary and inherent function of an agency in its administration or application of that statute" and "the interpretation of a statute by an administrative agency charged with the responsibility of enforcing that statute is entitled to great judicial deference," Mitchell v. Liberty Mut. Ins. Co., 271 Kan. 684, Syl. ¶ 4, 24 P.3d 711 (2001), the determination of an administrative body as to questions of law on undisputed facts is not conclusive. While persuasive, it is not binding on the courts. See, e.g., Fieser v. Kansas State Bd. of Healing Arts, 281 Kan. 268, 270-71, 130 P.3d 555 (2006); Foos v. Terminix, 277 Kan. 687, 692-93, 89 P.3d 546 (2004).
Resolution of this case requires statutory interpretation, as well as interpretation and application of our previous decision in Nguyen, 266 Kan. 580. In addition, the Board ruled that constitutional due process required it to address the merits of Johnson's appeal. This court's review over such questions of law is unlimited. See, e.g., Cooper v. Werholtz, 277 Kan. 250, 252, 83 P.3d 1212 (2004); Nguyen, 266 Kan. at 583.
The right to appeal is purely statutory. Furthermore,
"`the Work[ers] Compensation Act undertook to cover every phase of the right to compensation and of the procedure for obtaining it, which is substantial, complete and exclusive, and we must look to the procedure of the act for the methods of its administration. Rules and methods provided by the code of civil procedure not included in the act itself are not available in determining rights thereunder. [Citation omitted.]'
"Such a result is consistent with the rule that where a statute provides for an appeal, the appeal is governed by that statute rather than general statutes concerning the right to an appeal." Jones v. Continental Can Co., 260 Kan. 547, 557, 920 P.2d 939 (1996) (citing Clay Township v. Febley, 207 Kan. 59, 64, 483 P.2d 1101 [1971]).
The right to seek review of findings and awards by an ALJ, and the procedures governing such appeals, are contained in K.S.A. 2005 Supp. 44-551(b)(1), which states in pertinent part:
"All final orders, awards, modifications of awards, or preliminary awards under K.S.A. 44-534a and amendments thereto made by an administrative law judge shall be subject to review by the board upon written request of any interested party within 10 days. Intermediate Saturdays, Sundays and legal holidays shall be excluded in the time computation. Review by the board shall be a prerequisite to judicial review as provided for in K.S.A. 44-556 and amendments thereto."
For purposes of calculating the finality of the award, the Workers Compensation Act states that "[t]he award of the administrative law judge shall be effective the day following the date noted in the award." K.S.A. 44-525(a). The award in this case was issued on May 9, 2005. It therefore became effective on May 10. Johnson had 10 business days from May 10, 2005, i.e., until May 24, 2005, to file a timely appeal.
Brooks Plumbing and its insurer argue that the 10-day time limit of K.S.A. 2005 Supp. 44-551 is jurisdictional. Johnson argues that this court has nevertheless previously allowed appeals out of time when due process or the doctrine of unique circumstances demanded it.
As stated above, the right to an appeal in this state is neither a vested nor constitutional right, but is strictly statutory in nature. It may be limited by the legislature to any class or classes of cases, or in any manner, or it may be withdrawn completely. Nguyen, 266 Kan. at 588. When the legislature has provided the right to an appeal, however, the minimum essential elements of due process of law are required to be provided. Nguyen, 266 Kan. at 588.
Although certain portions of the Workers Compensation Act specify methods for providing notice of particular events, the Act is silent on the method to be employed for notice of an ALJ's award. See K.S.A. 44-520 (employee must provide "notice" of injury to employer in order to proceed with claim; no method specified); K.S.A. 44-534 (ALJ "shall proceed, upon due and reasonable notice to the parties, which shall not be less than 20 days, to hear all evidence"; no method specified); but see K.S.A. 44-520a (claim for compensation must be "served upon the employer by delivering such written claim to him or his duly authorized agent, or by delivering such written claim to him by registered or certified mail"); K.S.A. 44-534 (upon claimant's application for hearing, director must mail certified copy of application to the adverse party). Because no method of notice is specified in K.S.A. 2005 Supp. 44-551, this court may impose only those requirements necessary to ensure due process.
To satisfy due process, notice must be reasonably calculated, under all of the circumstances, to apprise the interested parties of the pendency of an action and to afford the parties an opportunity to present any objections. Mullane v. Central Hanover Tr. Co., 339 U.S. 306, 314-15, 94 L. Ed. 865, 70 S. Ct. 652 (1950); Nguyen, 266 Kan. at 588.
The doctrine of unique circumstances, unlike due process, is a creature of common rather than constitutional law. This court adopted the doctrine in Schroeder v. Urban, 242 Kan. 710, 750 P.2d 405 (1988). The Schroeder court held that, in the interests of justice, an otherwise untimely appeal may be maintained if (1) an appellant reasonably and in good faith relies upon judicial action seemingly extending the appeal period; (2) the court order purporting to extend the appeal time is for no more than 30 days and is made and entered before expiration of the official appeal period; and (3) the appellant files a notice of appeal within the period apparently judicially extended. 242 Kan. at 713-14 (party had statutory 30 days to appeal; judge extended time during journalized conference call with both parties; filing after original 30 days but within extension granted held timely under doctrine). The United States Supreme Court also has concluded that a party ought not be denied an opportunity to appeal because of failure to file a timely appeal, when that failure resulted from reliance on action taken by a district court generating a reasonable belief that a later appeal would be acceptable. See Harris Lines v. Cherry Meat Packers, 371 U.S. 215, 217, 9 L. Ed. 2d 261, 83 S. Ct. 283 (1962).
Our earlier decision in Nguyen, 266 Kan. 580, addressed both due process concerns and the unique circumstances doctrine in related circumstances. We thus turn to it for guidance in this case.
Claimant Hong Van Nguyen sustained a work-related injury on or about March 2, 1993. On July 29, 1996, the ALJ on the case mailed a copy of the award by United States first class mail to Nguyen's attorney at his address in Emporia. However, the ALJ mistakenly used the zip code for Topeka. After "circuitous routing," postal authorities finally delivered a copy of the award to Nguyen's attorney on September 6, 1996. The attorney sought review by the Board 3 days later.
The Board dismissed the appeal as untimely. Nguyen appealed the dismissal, invoking due process and the unique circumstances doctrine.
The Nguyen court stated that "[t]he single issue [was] whether the ALJ's error in addressing Nguyen's notice of award, which delayed Nguyen's receipt of the award until after the 10-day period for filing an application for review had expired, tolled the time for filing an application for review." 266 Kan. at 581. The Nguyen opinion concluded the time had been tolled, noting that "the filing of an award is not notice to the parties; it is the mailing of the award and receipt of the award by the parties that constitutes notice." (Emphasis added.) 266 Kan. at 589.
Although there is nothing in the record of this case to show that the ALJ who issued Johnson's award made an error in Johnson's counsel's address, as the ALJ did in Nguyen's counsel's address, it is undisputed that Johnson's counsel received no actual notice of the date of the ALJ decision until the 10-day appeal time had effectively expired. It is also undisputed that Johnson's counsel had no reason to suspect that the ALJ's decision must have been issued before May 24, given the 30-day merely directory time limit imposed for a decision from the ALJ.
Under these circumstances, we choose to follow Nguyen's due process ruling, holding that the lack of actual receipt of notice by Johnson's counsel tolled the statutory 10-day limit. We acknowledge that the "reasonably calculated" language of the due process notice standard appears objective rather than subjective. But requiring something less than receipt of actual notice in these particular circumstances would result in a gross injustice to a blameless litigant. This is particularly true where the mere passage of time could not have placed the claimant or counsel on constructive notice that the award should have been issued. In this regard, Johnson is even more blameless than Nguyen. We also are not persuaded that workers compensation claimants and their counsel will routinely misrepresent the arrival dates of mailed ALJ awards. Counsel, in particular, as officers of the court, have a responsibility to be candid about this and all other facts. See Kansas Rules of Professional Conduct, KRPC 3.3 (2005 Kan. Ct. R. Annot. 462) (candor); KRPC 3.1 (2005 Kan. Ct. R. Annot. 455) (meritorious claims).
Given this due process ruling, we need not reach the issue of whether application of the doctrine of unique circumstances is appropriate in this case.
The Workers Compensation Board is affirmed.


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JACKSONVILLE, Fla. – More charges have been filed in the case of a Jacksonville couple accused of allowing a registered sex offender to molest their 9-year-old daughter.
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All our diamonds are independently certified from one of the world's leading labs. Always ensure you are purchasing an independently certificated diamond to validate its quality, as many diamond retailers self-certify.
Above, we have listed the organisations in order of reliability and strictness. GIA is the most reliable certification body and sets the benchmark for the diamond industry. For example, HRD graded stones can appear to be about one colour grade lower than GIA and an EGL graded stone, can be up to four colour grades lower than GIA.
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Often confused with a diamond shape, the cut actually determines how well the diamond sparkles. We recommend a cut grade of Excellent or Very Good as the sparkle for each grade looks similar to the naked eye.
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Natural Sapphires are also very rare precious gemstones formed deep in the earth. They are almost as hard as diamonds and so ideal for daily wear jewellery. Prices of Sapphires are determined by their size (carat), colour (purest shade of blue), clarity (how free they are from particles) origin (Kashmir is most sought after) and treatment (least or no treatment = highest value). Sapphires are the most common alternative to Diamond Engagement Rings.
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Like diamonds, the size of a gemstone (Ruby and Sapphire) is mainly determined by the carat weight (1ct = 0.2 grams). The larger a gemstone, the more it weighs, but the more rare and therefore expensive it is.
As the rarest of Gemstones, the price increases exponentially with size. Expect a 10.0 carat Ruby to be 100x more expensive than a 1.0 carat Ruby.
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Item #7603
28-45 days. Be strong to the finish and eat your spinach! In the 1930s, the spinach industry gave credit to the cartoon character Popeye for a 33% increase in national spinach consumption. Today, we don't need a beefy sailor to sell us on its benefits. If you haven't grown spinach before, the freshness and quality of homegrown will win you over. Bloomsdale is an old, dependable, open-pollinated variety that is equally delicious full grown or as a baby leaf. It's very nutritious-lots of vitamins A and C, and iron. Spinach plants are very cold tolerant. If you have limited space, or want to grow spinach in the off-season, you can grow it in a container!
Seedling Image
Days to Emerge:
Seed Depth:
Seed Spacing:
Row Spacing:
This packet sows twelve 10-foot rows.
When to sow outside: RECOMMENDED: 4 to 6 weeks before average last frost, and when soil temperatures are above 40°F or as soon as the soil can be worked. Successive Sowings: Every 3 weeks until 4 weeks before the first fall frost. If mulched, spinach can overwinter in sub-zero temperatures. Soil temperatures above 75°F halt germination.
When to start inside: Not recommended.
Harvesting: Pick individual leaves from outer edges of plant as they become big enough to use or cut the whole plant 1" above the ground. New leaves will be produced. Harvest before the plant sends up a flower stalk.
Artist: Donna Clement
Item #7603
10.00 grams
Most vegetables and herbs do best in areas with full sun (6 or more hours/day). These include tomatoes, peppers, melons, and squash. However, you can…More…
What and Where to Sow:
First, consider where you have space from harvested crops or will have space in the next few weeks. Is there room to sow a…More…
In early fall, it pays to keep an eye on nighttime temperatures so that you get your frost-sensitive crops harvested before the first frost.


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Jealous killer's parole revoked for hiding affairs
A jealous teen who manipulated her thuggish boyfriend to kill his teenage ex had her day parole revoked because she concealed a love triangle with two former inmates outside prison, a parole board decision stated.
The Parole Board of Canada ruled that Melissa Todorovic should lose her day parole privileges after discovering she never revealed two romantic relationships, violating one of the conditions of her release.
"You admitted you were in two different relationships with two different men, who were both friends and both on probation," the decision stated.
"You also admitted you didn't let (community residency staff know) that you were with both these men when you signed out and that you attended both men's homes but didn't inform staff," the decision added.
Todorovic was granted six months of day parole in November. The board thought she was starting to understand what compelled her to orchestrate the senseless, New Year's Day 2008 killing of 14-year-old Stefanie Rengel by Todorovic's lover David Bagshaw, then 17.
"She appeared to be manipulating them against one another," telling the first man he was not satisfying her sexually and complaining about it to the second, parole officer Angela Law told the parole board hearing last month.
Bagshaw had briefly dated Rengel years earlier. Todorovic, who was 15 at the time, repeatedly vowed to break up with Bagshaw or deny him sex unless he murdered Rengel, a girl she'd never met.
He lured Rengel out of her home and repeatedly stabbing her.
Both Todorovic and Bagshaw were convicted of first-degree murder in 2009 and sentenced as adults to life in prison, with parole eligibility set at seven years for Todorovic and 10 years for Bagshaw.


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Value Bets compares each team's chance of winning the match as worked out by SportsTron*, with the chance given by the best available odds for that team. If the chance given by our computer, SportsTron, is more than the chance given by the bookmaker, then there is some "value" to be had in picking that team. It's up to you to decide if you think that makes it a good team to bet on, or perhaps that it's not a good idea to bet on the other team.
*SportsTron does not provide recommended bets. Rather, it provides an analysis of what the best tipsters in our tipping competitions are predicting and other data. This analysis can be used at your own risk to assist you in placing a bet, or deciding not to place a bet. Please be aware that SportsTron's tips change as our 'experts' enter their tips and as bookmakers odds change. SportsTron's final tip is made approximately 2 hours before a match starts, and is entered into the TopTipper tipping competitions.


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Norfolk and cocking trains1 comments Posted by Matt Grover at 9:45 pm
Today I was seconded for a little jaunt up to Norfolk (or thereabouts at least) to film an interview with this guy for a BBC Worldwide thing. (Yes, that's pretty much all I knew/know)
All went pretty well, (his name's Richard West btw), the stuff, looks good, sounds good, or at least it did when I shot it, Tom (prod.) got everything he wanted, all cheers....
The guy has a Williams F1 car in is garage!
Basically, we were talking about teamwork in F1, he's worked for McClaren, Ferrari and Williams and now does management consulting.
The guy has a Williams F1 car in is garage!
so got back to the office at a reasonable time, I checked in with the production I'm actually on, then got out early so that I could get home to see Megs and give her, her present and card (as it's her 10th birthday), got a train that was a whole hour earlier than I usually get...what time to I get in??
Yes that's right, the SAME COCKING TIME AS USUAL!!!
The trains are a joke, a big shite joke and I hate them, I pay getting on for 4 pissing grand a year to ride the damn things and they can't even timetable them properly or get them to run to the damn timetables, I was late this morning and I was late this evening.
Still I touched a real F1 car in someone's garage today. :D
Three months of practically nothing...0 comments Posted by Matt Grover at 5:46 pm
...then I'm working full tilt again, is there no nice middle ground?
So I'm back on Resource Review for a spell, the first batch is proving mildly stressful at the moment, with things coming right down to the wire (and possibly tripping over) thanks to some drop outs at the last minute.
Not all ICT stuff on this one, got a good mix, although to be fair, I'm probably looking forward to the ICT Hardware stuff most (although the "Green" and "Outdoor" progs should be interesting), but then that's the geek in me. And filming at Shakespeare's Globe was quite nice and Matthew got several rounds of applause from students of various nationalities for his 'performance' on stage.
Doing some more camera work, with stuff at Brook Lapping and also the odd freelance corporate gig, such as the trip to Bolton and on Sunday just gone was a job for Cancer Research UK for one of their 10K runs at Hampton Court Palace, the day for which started by filming some deer making their way out of the early morning mist, followed by copious amounts or runners and volunteers.
All in all an enjoyable day, although carrying the Z1+Tripod around on my shoulder all over the field, left me slightly bruised :/
The other thing the day confirmed for me was exactly how crap the camera on my Nokia 6630 actually is!!


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Janie C. "Kaki" Bruce, MD Joins Lexington Rheumatology, a Lexington Medical Center Physician Practice
Lexington Medical Center is pleased to welcome Janie C. "Kaki" Bruce, MD to the hospital's network of care. Dr. Bruce has joined Bryan Wolf, MD and Bruce Goeckeritz, MD, at Lexington Rheumatology. Dedicated to diagnosing and treating diseases of the joints and soft tissues, the practice also offers a variety of convenient in-house services, such as X-ray, on-site bone density scans and infusion treatments for rheumatic and inflammatory disorders.
"I'm excited to join Lexington Medical Center's talented team of health care providers, " said Dr. Bruce.
Dr. Bruce graduated with a bachelor's degree from Wofford College in Spartanburg, S.C. and earned her medical degree from the University of South Carolina School of Medicine. She completed her residency at Palmetto Health Richland and Dorn VA Medical Center, and spent a year practicing hospitalist medicine. Dr. Bruce recently finished her rheumatology second year fellowship-in-training at the University of Mississippi Medical Center in Jackson.
Dr. Bruce is board certified in internal medicine by the American Board of Internal Medicine and has been a member of the American Medical Association since 2003.
Lexington Rheumatology is currently located at 110 East Medical Lane, Suite 235, in West Columbia. The practice is scheduled to move to Lexington Medical Park 2 on August 5, 2013, located at 146 North Hospital Drive, Suite 550. Lexington Rheumatology will soon offer musculoskeletal ultrasound, a rapidly emerging diagnostic tool for rheumatologists that is new to the industry. The practice is accepting new patients. For more information, visit www.lexingtonrheumatology.com.


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Well, just as I predicted (genius that I am) while 1/2 the country is elated this week, the other half is deeply in need of some botox right between the eyebrows.
Sorry I can't help you with that (Virtual Blogging Botox Party?!) but I can offer some completely over the top, nothing even vaguely tethered to reality escapism for just a couple of minutes.
If you've picked up just one fashion magazine lately no doubt you've clocked the fierce force of ornamentation, brocade, bling, bang & baroque that assailed the runways this Fall.
Dolce & Gabbana, Givenchy, Balmain, Alexander McQueen, and Valentino were only some of the big boys that pulled out all the stops with needlepoint and pearls.
Seriously I don't even want to think about how much these jackets must cost (or how much they weigh for that matter…couture as exercise?)But the exquisite workmanship and beauty cannot be denied.
Unless of course you're a dyed in the wool "Grunge" devotee'
In which case these Celine sandals from Spring '13 might be more up your ballroom
I admit, chances are very slim we're going to see anyone wearing most of these, but it's certainly Fantasy Fashion at it's best.
Speaking of Baroque, Rococo and Fantasy…When I was in Paris a few weeks ago I saw John Malkovich in the Hotel Costes restaurant. (Well, actually one of my girlfriends spotted him-literally the first SECOND we walked in. She's rather genius at that. She can also read a guest list upside down. In French) It took me a minute or two before my one lasik-ed eye was able to confirm that yes, indeed it was J.M. He looked, you know, pretty good, pretty cool & pretty louche, much how you would expect John Malkovich to look holding court in a french bar at 1:00am. Afterwards, my friends had a little visit with him and said he was utterly charming. Don't ask me why I didn't go with them. If it had been Sawyer I would have. Anyway (sorry-this is getting so long!) when I got home to Santa Barbara a friend called and said she was having some people over to watch "Dangerous Liaisons" and would I like to come. Would I??!
Do you remember how GOOD that film was and can you believe it was made in 1988??
Does this jog your memory?
Of course we've had several films with similar sensibilities since then
Sophia Coppola's "Marie Antoinette" comes to mind. It was beautiful and fun but didn't even come close to the naughtiness and wit of "Dangerous Liaisons"
Marie Antoinette's bedroom at Versailles
Alexander McQueen
Valentino. Magical, right? I love thistles.
Subtle Baroque by Bottega Veneta, Fall 2012
Balmain Fall 2012
I think Dolce
Dolce Fall 2012
Karlie Kloss in Dolce & Gabbana
Judith Leiber minaudière
Balmain- wow. I would just hang this on my wall and touch it every day.
Nicholas Kirkwood
and possibly my favourite coat of the season from Fendi
The moment Malkovich realizes she is completely in his power is staggeringly good. The dude can act.
Valentino. I love the way the metal studs hip up the needlepoint, don't you?
This has to be a Tim Walker photo, right?
He loves those boots
Happy Day to you and give yourself a treat and watch "Dangerous Liasons" again.
(any uncredited images via Tumblr or Google, Kate Blanchett in first Vogue image)


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• genealogy •
jee-nee-æl-ê-jee • Hear it!
Part of Speech: Noun
Meaning: 1. A family history. 2. The study or creation of family histories from historical documents
Notes: Today's Good Word catches my eye frequently when it is spelled with an O instead of an A:
geneology. US dictionaries like American Heritage and Merriam-Webster offer the O-variant as a possible pronunciation, no doubt contributing to the spelling error. Don't fall for it. The adjective for this word is genealogical and the adverb genealogically. All of them contain one and only one O.
In Play: With the rise of the online genealogical companies, more and more of us are tracing our family histories: "I looked up my genealogy and discovered that I'm not the first member of my family to steal a means of transportation." Some of us are happier with what we find than others: "I think a search of Billy Bob's genealogy would reveal a family tree that doesn't branch."
Word History: English picked up this word, as usual, from French généalogie, the descendant of Latin genealogia, a word Latin borrowed directly from Greek genealogia. The ancient Greeks are, therefore, responsible for the appearance of the A rather than the expected O in this word. Their word genea meant "family, clan" and, for some reason, they did not drop the final A before adding the root of logos "word, reckoning, wisdom" and the noun suffix -ia. The word genea is the plural of genos. English borrowed the Latin version of this word, too, as genus. We find the root of this word in many other borrowed English words like generation, gene, genetics, and general.
P.S. - Register for the Daily Good Word E-Mail! - You can get our daily Good Word sent directly to you via e-mail in either HTML or Text format. Go to our Registration Page to sign up today!
Come visit our website at <http://www.alphadictionary.com> for more Good Words and other language resources!


text: Birthday Workout Posted on October 2, 2012 by thisisyourbestyear Birthday workout–go figure. At least we go for coffee after. Luv my workout partners! Share this with othersFacebookTwitterLinkedInRedditTumblrPinterestMoreEmailPrintLike this:Like Loading... Published by thisisyourbestyear This is my best year ever, and it can be yours too. When I turned 40, I thought it was the end of life as I knew it. When I turned 50, I knew it was the end. It was the end, the end of that year--nothing more and nothing less. I've retired, gone to another career, started a business, and have kept writing. I've taken classes including glass blowing, swing dancing and so much more. I'm making each year, my best year. View all posts by thisisyourbestyear


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Back on Saturday night the longest tenured champion in all of boxing, Joe Calzaghe (44-0), defended power-punching Mikkel Kessler (for free) on HBO. Although the Dane proved to be one of Calzaghe's toughest opponents, he couldn't get enough going to out-point the aggressive champion. Calzaghe's reign has come in a weak division and he's hardly had to leave the UK to defend his titles, but the fact remains that he's won 21 consecutive fights as a champion. Kessler was the last of the serious competition amongst the super mids, so it looks like Bernard Hopkins is the next target. Calzaghe's promoter Frank Warren didn't waste much time before speculating on the future.
"Whatever he wants to do now, I will be right behind him. We would like to fight [Bernard] Hopkins, and he has suggested he would take the fight, so let's see if he is genuine about it or if they are just words. Joe would go and fight him in his backyard. If Hopkins wants it in Philadelphia, then that is where we would go."
I don't see any reason why this fight wouldn't happen, the only question that remains is that of the venue. As I said, Calzaghe has always forced opponents to come to him, but it's Hopkins that would make the fight a big event. Frankly, if the fight is held in Wales I don't see how Hopkins could leave with a favorable decision.
One other potential opponent could be Jermain Taylor. Once Kelly Pavlik dispatches of the over-sized middleweight he'll need somewhere to go and he'd be a great matchup for the free-wheeling Calzaghe.
In other Saturday action Juan Manuel Marquez defeated a bloodied Rocky Juarez in an action-packed clash on Showtime. It's not that often that you get to see one highly entertaining fight featuring a consensus top ten pound-for-pound champion of the world; on Saturday we had two, and neither was on Pay Per View.


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text: This self adhesive smoked headlight vinyl film is a great way to darken your headlights, tail lights, fog lights and wherever you feel this will make your car stand out. The vinyl sheet is not pre-cut for ultimate customization, as you can cut the vinyl wrap into whatever surface you feel, without damaging the surface. Even when you decide later that you no longer want the vinyl wrap on your tail lights, there won't be any residual later that would damage your car.


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The ramifications may not be felt immediately, but what this man has done cannot be undone. Aimlessly wandering around Bourbon Street, this man—a Ravens fan, way to go Baltimore—stumbled across the NFL Network's camera crew filming a light hearted live segment with Michelle Beisner.
At first, he appears to be just a harmless dude not bent on destroying the Universe. But after staring at the camera for an unreasonable amount of time, he then pulls out his phone and takes a picture of other people taking moving pictures and sooner rather than later the world will have folded in upon itself. You can even watch as he realizes what he has done: What's that? Me? I did...The Earth is going to stop spinning on what? Oh, god...don't show my face.
h/t Trevor


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At 7:15 p.m., representatives of the beloved Bowl Championship Series will announced this season's in-lieu-of-playoffs bowl pairings. Probably not too many surprises looming, notes Sports Illustrated, unless somebody decided that Auburn/Oregon wouldn't be all that compelling of a game.
Here are their projections:
Jan. 1 Rose: Wisconsin (Big Ten champ) vs. TCU (at-large)
Jan. 1 Fiesta: Oklahoma (Big 12 champ) vs. Connecticut (Big East champ)
Jan. 3 Orange: Virginia Tech (ACC champ) vs. Stanford (BCS at-large)
Jan. 4 Sugar: Arkansas (at-large) vs. Ohio State (at-large)
Jan. 10 BCS Championship: Auburn (BCS No. 1) vs. Oregon (BCS No. 2)
Like last year, Asher of BCS Know-How also offered some projections. Among them:
• BCS Championship: Auburn vs. Oregon
• Rose Bowl: TCU vs. Wisconsin
• Unsure of where Stanford and Connecticut will play.
• Virginia Tech to the Orange Bowl.
• Oklahoma to the Fiesta Bowl.


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You can never know everything there is to know about genealogical research. Even if you could somehow keep up with all of the technological advances, all of the latest databases, all of the most recently published sources, there are always novel approaches to research dilemmas, innovative techniques to sample and, more creative spellings to try. With that in mind, the Genealogy Center strives to offer exciting classes, seminars, and conferences to help you improve and expand your research.
In the winter months, November through February, we offer WinterTech, classes offered on the afternoon of the second Wednesday of each month, coinciding with the monthly meetings of the Allen County Genealogical Society of Indiana, held at the library in the evenings of the same days.
In March, we shake off the cold by offering March Madness, Genealogical Style, a week of classes, tours, and seminars to put the Spring (get it?) back into your genealogical research.
April through September, we offer conferences, two day seminars, or lectures every month.
We fill every day in October, Family History Month, with all manner of opportunities for expanding your research horizons.
Look for posts about upcoming programs, and keep an eye on our Special Programs page.


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That is cool. I wish I was brave enough to add so much color.
Such an awesome color! So wish I was brave enough to paint anything this color!
Thank you so much for featuring my dining set!
Thanks for leaving a comment. I always like to know what you think of the projects I highlight!


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cover for (someone or something)(redirected from cover for him)
cover for (someone or something)
1. To hide one's wrongdoings from someone else. In this usage, the phrase can also be written as "cover up for." If I sneak out and go to the party tonight, will you cover for me? Just tell mom I went to bed early or something.
2. To do something in place of someone else. I'm working today because I'm covering for Joanna, who's on vacation.
3. To provide insurance against a problem or scenario. In this usage, a noun or pronoun can be used between "cover" and "for." Does our homeowner's insurance cover the house for flood damage?
cover (up) for someone
to conceal someone's wrongdoing by lying or concealing the evidence of wrongdoing. Are you covering up for the person who committed the crime? I wouldn't cover for anyone.
cover someone or something for something
[for an insurer] to provide protection to someone or something for a particular price. One company will cover the car for about a thousand dollars. This policy covers you for a few dollars a week.
cover for someone
1. to make excuses for someone; to conceal someone's errors. If I miss class, please cover for me. If you're late, I'll cover for you.
2. to handle someone else's work. Dr. Johnson's partner agreed to cover for him during his vacation.
cover for
1. Also, cover up for. Conceal a wrongdoing or wrongdoer, as in Bill was supposed to be on duty but went to a ballgame and Alan agreed to cover for him or I covered up for my friend when her mother called to find out where she was. [1960s] Also see cover up, def. 2.
2. Substitute for someone, act on someone's behalf, as in Mary was asked to cover for Joe while he was on jury duty. [c. 1970]
3. cover for something. Provide protection against some hazard, as in This policy covers the house for fire but not for theft. This idiom employs the verb to cover in the sense of "protect" or "shield," a usage dating from the 13th century.


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A top recording executive testified Monday that he was Britney Spears' "lifeline" during the darkest days of her well-documented meltdown and never heard that she had a new manager named Sam Lutfi.
Barry Weiss, who headed Jive Records, the label on which Spears recorded, said his only contact from Lutfi in 2007-08 was when Weiss asked him for assurance that Spears would be on set to record a music video for her "Blackout" album.
"Britney was pretty erratic at the time," Weiss testified during trial in a defamation lawsuit brought by Lutfi against Spears' parents.
U.S. & World
Lutfi claims he was Spears' personal manager and deserves millions as his share of her income during that period.
The defamation suit stems from the way Lutfi is depicted in a book written by Spears' mother that detailed the star's meltdown.
The trial took an early recess Monday and will resume Tuesday.
Conservators of Spears' estate, including her father, Jamie, who was in court, contend that Lutfi was never her manager but was simply a user who inserted himself into Spears' life and preyed on her vulnerabilities.
Weiss told of working closely with her former personal manager, Larry Rudolph, but said he was never told Lutfi had assumed the role.
"Sam Lutfi never introduced himself or came in for a meeting. He never discussed records or a record contract," Weiss said.
"He helped us get a video made," Weiss acknowledged. "He was trying to keep Britney on the set."
But in the end, Weiss said he saw Lutfi's role as a "gofer ... like a personal assistant."
Weiss said the singer would discuss with him the album's packaging, choice of a single record and creative matters normally discussed with a manager.
"There was no manager involved," Weiss said. "She was estranged from her family. I felt I was a lifeline for her. She was texting me constantly from her cellphone."
Weiss said that he had known Spears since she was 16 when he signed her for a contract with Jive Records.
"She's a superstar, a household name in every country in the world," Weiss said.
On cross-examination by Lutfi's attorney, Weiss said Spears' current contract requires one more album. Weiss said he has been in talks to persuade Spears to join him at his new label.
"It would be nice to be back together, if that happened," he said.


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Support our nonpartisan, nonprofit research and insights which help leaders address societal challenges.Donate
- Authors:
Publication Date:
April 2008
Companies have traditionally paid little attention to their political expenditures, which has led to serious legal and reputation risks, some of which have been costly. Corruption investigations, shareholder concerns, questions regarding the benefits of company political donations, and proxy pressures have prompted business to adopt new policies requiring greater transparency and accountability in their political spending. Political disclosure is becoming a core corporate governance standard and is appearing on company agendas. Directors recognize that political spending carries real risks, but such risks can be mitigated by disclosure and oversight of a company's political spending.


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Customer Stories
Our customers are our storyline. From challenge to success, your transformation journeys reveal the innovation we can achieve through technology, people, and economics.
Every day, HPE works together with customers who are finding new ways to feed the world, evolve healthcare, and build smarter cities. Our stories come from real problem solvers navigating their business transformation and highlighting the solutions that advance the way we live and work.
+ إظهار المزيد
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The European Space Agency extends the reach of celestial research operations with HPE and SixSq software solutions.
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Princeton Holdings secures and desprawls its data center
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Health Life Sciences
DZNE fights the global time bomb of neurodegenerative diseases
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We'll be happy to discuss the services we offer and answer any questions you have.
Call Now: 951-525-6169
Our Services:
We accept the following payment methods:
Welcome to Vintage Medical Group
Vintage Medical Group is a specialized Consultative clinical Medical Practice created for the Health, Wellness, Medical, Sexual and Fitness needs of Men and Women of all ages and activity levels.
We specialize in the following services and therapies:
- Low Testosterone, also known as "male menopause" or Andropause
- Longevity (" Anti-Aging") programs including the use of Human Growth Hormone in patients who are clinically appropriate.
- Sexual dysfunction including low libido, erectile dysfunction as well as premature ejaculation.
- Sports Injuries as well as worsening sports performance such as training slumps. Including anaerobic threshold testing and measurement of V02 Max for optimization of training programs.
- Hyperlipidemia (high cholesterol and triglycerides). Including advanced screening techniques and risk reduction programs.
- Obesity, hypertension and metabolic syndrome.
- Diabetes mellitus and associated conditions and long-term risk reduction to promote good health.
- Low thyroid and the symptoms of low thyroid in those who seem normal thyroid laboratory tests.
- Maximizing improvement of pulmonary and cardiac rehab patients.
- Ozone therapy: An alternative therapy used extensively in Europe to optimize physical performance, enhance healing, treat painful and a variety of other conditions.
- Second Opinion Medicine: In this day and age of" Utilization Review" by insurance companies and "HMO Medicine" many times patients don't know who to trust. This service is provided to give patients information, education and unbiased opinions regarding their choices in health care.


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State Board Report
July 2011
On May 2, 2011, within 60 seconds of the launch of the international examination application process allowing CPA Examination candidates to test outside the United States, the first candidate registered to take the Uniform CPA Examination in Tokyo, NASBA Executive Vice President and COO Ken Bishop announced at the Regional Meetings. By the time he addressed the Eastern Regional on June 23, nearly 1,000 such candidates had registered. "International CPA candidates are not a new phenomena. For the last ten years the number of foreign applicants has been growing, with over 10,000 individual candidates taking the examination in the U.S. in 2010," Mr. Bishop reported.
"If the U.S. CPA profession did not step up today and make the 'CPA' credential available and relevant globally, someone ten years from now would be asking who was asleep at the switch," Mr. Bishop stated. He noted there already are other organizations offering accounting credentials in the Middle East and Japan, where the first international CPA testing sites are located. The examination will be delivered in Prometric test sites that are of the same quality, with the same security measures, as those centers are in the U.S., he assured the Boards. He has visited all the sites for the CPA Examination in Japan, many in the Middle East, and will have been to all of them by the end of the year. Negotiations for a site in South America are going on now.
Candidates who take the examination outside the United States must agree to be under the jurisdiction of a State Board, so they must come to the Board to participate in any investigation that may arise, Mr. Bishop explained. "NASBA will absolutely assist the Boards with international issues. We will be there for you with the resources you need to protect your citizens," he said. This could include providing investigative support and funding. NASBA is considering ways for candidates who take the CPA Examination outside the U.S. to obtain the necessary experience for licensure. These CPAs outside the U.S. will also need to meet the State Boards' continuing professional education requirements and NASBA has started to encourage CPE Registry sponsors to explore this market.
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"Mommy?" Sleepy, warm, the soft voice pulled her from the memory.
Lifting her gaze to the mirror, Leanne smiled. "Hi, baby. Have a good nap?"
"Are we there yet?"
"Not yet, a few more minutes. Is Mr. Tickles awake too?"
"Yep, we're hungry, Mommy. Can we have something to eat?"
Leanne smiled, even in the face of disaster, some things never changed. Reaching into the diaper bag she'd packed, she pulled out a small plastic bag and opened it with her teeth before setting in on the arm rests of her daughter's car seat.
The smell of apples filled the car as Leanne pulled off the highway at the turnoff to her hometown. Her stomach twisted into knots as she got closer to the edge of town. She'd run from town five years before, alone, scared, broken-hearted after her boyfriend had dumped her. Running hadn't eased the pain of knowing he hadn't really been into her, it had only made it worse. Now she was back, maybe this would be the last visit she had with her folks, with those she'd grown up with. She was determined to make the most of it. She wouldn't hear back from the lab until Boxing Day, and there was no point in spoiling Holly's Christmas.
Leanne glanced up at the first fat flake hitting the windshield. Five more minutes and she'd be in the warmth of her parents' house. Relief flooded her as she saw the familiar frame of her childhood home. She forced herself to resist the urge to press the accelerator harder. Keeping to the speed limit, she pulled in behind an unfamiliar black suburban, her brows drawing down in confusion.
"Who at Gwamma's, Mommy?"
"I'm not sure." Leanne debated moving the car, then she shrugged. Whoever was there would let her know if she needed to move it. She slid the gearshift into park and turned off the engine. She sat in the car listening to the pop and hiss of the engine as it cooled, only the mindless chatter from the backseat got her out of the haze she was in. A smile pasted on her face, Leanne opened the driver's door and stepped out into the cold December air.
"Leanne, darling. So glad you made it. I was just about to send your father out to see if you'd gotten a flat or something." Her mother rushed from the open front door, her arms opened wide to hug her as she stepped from the car.
Grinning at the exuberance of her mother, Leanne shook her head. "No flat. The weather was the hold up. Hit snow out by the bay. With Holly getting bigger, we needed more room than the apartment in Vancouver."
"What bay?" Deep, rich, the baritone washed over Leanne like a warm waterfall.
Turning, she met the laughing green eyes of her longest friend and confident, Jay Locke, and her father, a round, robust man with gray at the temples.
"Hey, Jay." Leanne gave him a tight hug before stepping back. "Give me a hand with the bags. I'll get Holly. We moved last year. We live out at Cross Bay now. I work at the resort."
"Why on earth didn't you say something? We'd have helped you out if Vancouver wasn't meeting your needs." Sharon hovered by her elbow, a hand pressed to Holly's back as she stood with her daughter wrapped in her arms. "Jay, help Robert get the bags please."
"Sure thing, Mom." Jay winked at her and dug into the back of the car.
Leanne grinned at the reminder of a long-held habit. Sharon had always allowed Jay into her home, into the family, even though he'd only been a neighborhood boy. With a shake of her head, she followed her mother toward the house, her gaze darting back to the man standing with her father. Neither man looked impressed with the old battered car she now drove, but she had bigger worries than concern for her choice of a car.
Stepping inside, she shivered with delight at the heat and began undoing her daughter's coat. She glanced up sharply at her mother's impatient wave of her hand. "What? She'll get too warm."
"I'll manage. You get yourself out of those winter clothes. Your room is still free. You look tired, Leanne, you're working too hard." Sharon eased the sting of her words with a kiss and a smile. Tucking a strand of Holly's hair behind her ear, she stared into Leanne's gaze. "Get some rest. Holly and I are going to make cookies."
"Mom, she doesn't need to be in the kitchen. You're probably up to your ears in baking, she doesn't need to be underfoot. Besides, she'll want to see the Christmas lights."
"Don't argue with your mother." Robert nudged her past the door with the front of her suitcase. "It won't help you any. Now go on with you. Get some rest. It'll be a while before dinner's ready."
"Should I move my car?"
"No, Jay's staying for dinner." Robert nodded at the stairs. "Go on with you."
Exhaling, Leanne finished shedding her outerwear and headed up the stairs. She smiled at the faint creak in the fourth one up. How many times had that stair gotten her into trouble for breaking curfew? The banister was warm, smooth beneath her touch, the familiarity like a hug after a long, hard day.
"She's working herself to death, Robert. I don't like it." Her mother's concerned voice drifted up the stairs as Leanne paused before her bedroom door.
Leaning her head against the cool wood, she closed her eyes to stop the burning tears that threatened to overwhelm her. "It's not the work that's likely to kill me, Mom," she whispered and twisted the doorknob.
The door clicked shut behind her with a sense of finality that struck Leanne as she took in the pale pastels of her bedroom. A hand sewn quilt covered the bed, the colors and design making Leanne want to cry. She remembered when her mother had given it to her...the day Holly was born. The mattress dipped beneath her weight, and her hands smoothed over the blanket. Leanne stared at the mirror hanging on the back of the door and exhaled.
"Please, please, let me beat this. I don't want to leave my Holly." She curled up on the bed, her hands wrapping around herself tight to ward off the chill that seeped from within. Her eyes closed on the prayer.
* * * *
Jay frowned, the bag held in his grip as he stared at the door of Leanne's bedroom. She'd aged since he'd seen her. He'd watched her grow up, watched her mature into the woman he'd been looking forward to seeing. Growing up in the same neighborhood, Leanne had grown to be his best friend through high school. She was a tough kid, smart, fun to be around. He'd bitten his tongue when she'd taken up with John Barthelemew—the bastard was no good and had broken more than one heart by sleeping with a girl and then dumping her. Was it the idea of running into John that had Leanne looking like she'd gone ten rounds with a bat?
The battered bag hanging from his hand, Jay knocked gently. When no response was forthcoming, he opened the door and stepped inside. Leanne lay curled on the bed, her long blonde hair in a messy knot at the back of her head. Dark shadows colored her cheeks along with the fresh tracks of tears.
"Oh Lee, what's going on?" he whispered as he set the bag beside the small desk and backed out of the room. Jay closed the door and headed downstairs. He'd get what was wrong out of her before Christmas, she'd never held any secrets back from him.
"Well?" Sharon wiped her hands on the dish towel.
"She's out like a light." Jay forced a lightness to his tone he didn't feel.
"She's working two jobs to support them." Sharon shook her head. "Needs a man around to help out. John shouldn't have abandoned her." Her sharp eyes locked on Holly's frame playing train with Robert by the Christmas tree. "She should have him around to help her with his daughter."
"You don't know that John's the dad." Jay squeezed Sharon's shoulder. He knew as well as anyone that Leanne was a grown woman who could do whatever she wanted. Holly's father wasn't up for discussion, Leanne had made that clear more than once. "And if she wants help, she'll ask us."
"Why couldn't she fall in love with you? You're the kind of guy she deserves."
"Sharon, matters of the heart aren't something to be discussing. Especially when they're the type where Leanne can get hurt." Jay turned and walked away before she caught the look on his face. He'd spent more than one night wondering the same thing.
Pouring a cup of coffee, Jay wandered from the kitchen to the living room and stood before the massive window. Having Leanne home revived old feelings, giving him something to hope for this time. Was it their time yet? Could he win her this time? Sipping at the dark brew, he offered a quick hope to the magic of Christmas that this time was going to be what he'd always hoped for.
* * * *


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I think I say the same things every year when I write the introduction to my Best of the Year list…..this year was one of the greatest years for Hard Rock and Heavy Metal! Every year it seems like more and more new albums come out from a wide variety of bands and 2010 was no exception, this was the biggest year for Heavy Metal Addiction as far as promotional review copies go. Usually, I physically buy all my new albums but this year I partnered with more labels, more promotional people and more bands and I received more albums for review than any other year. Honestly, I couldn't keep up and I came nowhere close to listening to all of them properly. Looking at the piles on my desk, the boxes next to it and the separate iTunes folder I reserve for promo downloads, it's easy to estimate that I have more new 2010 albums submitted to Heavy Metal Addiction than the last two years combined! Add in all the new releases I bought on my weekly trips to the record stores, and my daily online searches, and it's fair to estimate that the total number of new releases from 2010 that I have right now at my desk is over 200.
The only criteria I followed for my Top 30 was the same criteria I've used for the last few years: the album had to be a studio album (not a live record, best of, or covers collection) AND the album had to be released in 2010. Just like previous years, an album that was released in 2009 overseas, but was released in 2010 for the U.S., qualified as a 2010 album…..basically I went by the date on the back of the CD! There are plenty of albums that got late U.S. releases and there may be a few in this countdown.
The ranking of the Top 40 is based solely on my enjoyment of the album and not some scientific formula. Bottom Line: I had to like it! There were so many releases this year that I could have continued with a Top 40 list but I got so far behind listening and writing so there are definitely albums I haven't heard yet or didn't give proper time to. We're talking a couple hundred albums though so anything that got missed might end up in an expanded "Albums I Missed in 2010" post during next year's awards week. Just like last year, I will be splitting the Top 30 into three posts so it's easier to read. Be sure to check out the links to the album reviews. So here it is, my Top 30 Albums of 2010 (#21 – #30):
Van Canto – Tribe Of Force (2010): A Capella Power Metal…..that's the best way to describe the Van Canto sound. I was skeptical when I first heard about Van Canto but after a few listens to the first single, 'Lost Forever', I got more interested. What drew me in was the uniqueness of the project but that also made the album a little hard to take after multiple listens. I'm adding TRIBE OF FORCE to the countdown because of the uniqueness of the idea and the fact that the band pulls it off extremely well. The only instrument used was the drums, everything else is vocal instrumentation. You have to admit, it takes a lot of talent to pull something like that off! Not having proper guitars and bass may take some getting used to for some fans but Van Canto is definitely more than a novelty band. http://www.vancanto.de
Human Cometh – Evolution (2010): Human Cometh has to be one of the biggest surprises for me this year. I'm not sure how I found out about the band, either I found them through other Metal websites or the band contacted me about their debut album EVOLUTION. It doesn't matter because I found them and the album is an excellent blend of different styles including Hard Rock, Melodic Rock, Power Metal and Progressive Metal. Every song on EVOLUTION is well written with solid musicianship and it's hard to believe that this is a new band. One of the things I thought was cool about Human Cometh was that they offered this album as a FREE download to anyone interested and, if they wanted, fans could send a donation to the band via Paypal. It's all about getting the music out there and Human Cometh have done just that. From what I understand, there is a proper CD pressing available so head over to their website to preview the music and support the band by purchasing a CD. http://www.humancometh.com
Ozzy Osbourne – Scream (2010): After re-reading the review I wrote on SCREAM back in July, I noticed that it may be a little too influenced by the previous two subpar albums. I sat down and gave this album a fresh listen and it's actually pretty good. When you start to compare it to Ozzy's last two records it sounds like a solid comeback for the Prince Of Darkness. I'm always skeptical of anything Ozzy does because of that stupid TV show that made him look like an idiot and his puppetmaster wife Sharon but I have to give Ozzy credit for trying to stay relevant in an ever-changing Metal climate. SCREAM isn't the Ozzy of old, it isn't the Ozzy of the '90s, but it's definitely the Ozzy for the new millenium. Dropping Zakk Wylde and replacing him with Gus G. added some fuel to the fire and seeing Ozzy live this past summer proved that he is back in a big way. SCREAM was a grower and it turned out to be a solid record. http://www.ozzy.com
Raven – Walk Through Fire (2010): WALK THROUGH FIRE is one of those albums that got a worldwide release in 2009 except for North America. Metal Blade Records stepped to the plate and distributed the album here in the U.S. and I finally got to here the new raven at a decent price! Nothing is better than hearing new music from one of my old favorites, especially from the New Wave Of British Heavy Metal (NWOBHM). Raven was one of those bands I picked up on from the Metal magazines in the '80s and I have slowly acquired a lot of their back catalogue. This new album sounds like the Raven of old, like the Raven that made WIPED-OUT (1982) and ALL FOR ONE (1983). A ton of high powered energy here and John Gallagher sounds like he hasn't aged at all. This an album well worth waiting for, I just hope the next one isn't another nine years in the making! http://www.ravenlunatics.com/
Dimmu Borgir – Abrahadabra (2010): Two of my goals for 2010 was to open myself up to more extreme styles of Metal and bands that I have always wanted to check out but never get around to. Dimmu Borgir fit both goals perfectly, I have been wanting to check out more Black Metal and Dimmu Borgir has been one of those bands that I have wanted to check out for a long time. I'm very new to the whole Black Metal scene, I've read a ton about it and I've heard some songs but it's safe to say that my personal collection and listening habits don't include a lot of it. Dimmu seemed to be the most popular Black metal band so grabbing this new album was a perfect opportunity. I was pleasantly surprised how much I enjoyed this album, it had a lot of different sounds and orchestration and the vocals weren't completely unintelligible. ABRAHADABRA has the same effect that Immortal's ALL SHALL FALL (2009) had on me last year, it's opened up a new appreciation for Black Metal and now I'm starting in explore Dimmu's previous records and check out other Black Metal bands. http://www.dimmu-borgir.com/
Heavenly – Carpe Diem (2010): It's kind of funny following Black Metal's biggest band with a band name Heavenly. CARPE DIEM is another one of those albums that got a release everywhere but the U.S. in 2009, we finally got the proper release from AFM Records in early 2010. I'm a big Power Metal fan but I had never heard any songs from Heavenly's previous four records so they were a totally new band for me. I have to admit, the reason why I got so interested in this album is the album cover, it's so old school and so '80s that it's great. Seriously, album cover of the year! The music is well done with plenty of soaring vocals, orchestration and powerful guitars and I was completely surprised by the overt Queen influence on a few songs. Heavenly is a perfect example of a band that makes music I like but has fallen below my radar, CARPE DIEM has me searching out the band's previous albums. http://www.heavenly.fr/
Overkill – Ironbound (2010): When you get into discussions about Thrash Metal, the first four bands people bring up are the big four of Metallica, Slayer, Megadeth and Anthrax. As you move along, you get the second tier of Thrash bands like Testament, Exodus and Overkill. I don't know if it's because Overkill was an East Coast band and the focus always went to the San Francisco Bay area scene back in the day but Overkill always seems to get forgotten. The band has been going strong for 26 years and they have released great album after great album the whole time. IRONBOUND continues the tradition and it's one hell of an old school Thrash album following the same formula Bobby "Blitz" Ellsworth and D.D. Verni have been using their entire career: high powered, in your face Thrash. There's no frills here just straightforward power and that's why IRONBOUND is one of the best Metal albums of 2010. http://wreckingcrew.com/Ironbound/
Bruce Kulick – BK3 (2010): KISS is my favorite band so anytime a former member releases a solo project I run to the record store! Bruce Kulick was one of the biggest reasons KISS remained a vital entity from the mid-'80s through the mid-'90s…..his playing was always great and he added that sense of stability at the lead guitarist position that the band needed since Ace Frehley left. I never really got around to buying Bruce's two previous solo albums but I did follow him post-KISS with Union so I knew a little of what to expect. What I didn't expect was a high quality and very personal Hard Rock album and that's a statement made without all the KISS fandom attached. The songwriting is great as is Bruce guitar work but the surprise is how well Bruce sings because he only ever got one song to sing in KISS ('I Walk Alone from 1997's CARNIVAL OF SOULS). Another great surprise is how well the collaborations went with other musicians singing like Gene Simmons, Nick Simmons, Tobias Sammet, John Corabi and Doug Fieger from The Knack…..these are some of the best songs on the album. Maybe Bruce could teach Slash how it's done? http://www.kulick.net/
Mob Rules – Radical Peace (2010): I've been a Mob Rules fan since 1999's SAVAGE LAND but I missed out on the band's last album ETHNOLUTION A.D. (2006). When I read that Mob Rules was releasing a new record, I jumped at it as soon as it came out but the problem was that it didn't get released until 2010 in the U.S. but everywhere else got it in late 2009. This is another one of those albums from AFM Records in Germany…..I don't know if it's a distribution thing or what but I wish these album would come out at the same time in all territories. RADICAL PEACE is a mix of Power and Progressive Metal and it has a HUGE sound, it kind of reminds me of one of my favorite records from 2008, Cloudscape's GLOBAL DRAMA. All the songs on this album are really good but the standout is the 18+ minute long 'The Oswald File', a song that is the second part of ETHNOLUTION A.D. and is broken up into six chapters. Definitely an epic! http://www.mobrules.de/
Sister Sin – Sounds Of The Underground (2010): I had Sister Sin on the list of bands to check out but once I saw them open up for the Michael Schenker Group in July, I ended up putting both their albums at the top of the listening pile. Sister Sin plays a traditional style of Heavy Metal and I was blown away by how much energy and power they had live. Lead singer Liv has a great Metal voice that reminds me of Doro Pesch and she kicks a ton of ass on stage. Sister Sin's overall sound reminds me of Doro, Warlock and also Judas Priest, the aggressiveness gives it that early '80s Metal sound. I like the fact that the music is guitar oriented and aggressive, the only other band I can remember in recent years that kicked this much ass doing female-fronted Traditional Metal is Benedictum. Sister Sin is definitely a band to check out and watch in the future. http://www.sistersin.com/


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Re: How do I stop Mathematica changing the format of fractions in Input cells?
- To: mathgroup at smc.vnet.net
- Subject: [mg125791] Re: How do I stop Mathematica changing the format of fractions in Input cells?
- From: David Bailey <dave at removedbailey.co.uk>
- Date: Mon, 2 Apr 2012 04:28:11 -0400 (EDT)
- Delivered-to: firstname.lastname@example.com
On 31/03/2012 09:45, John Browne wrote: > I am writing a notebook where I want to display some expressions in > Input cells, in the 2-D fractional numerator-over-denominator format. > > However, I find that when I open the notebook again some time later, > Mathematica has of its own accord decided to rewrite some of the > fractions in the 1-D format using a "/". I have not been able to pin > down precisely under what circumstances this happens, but it might be > happening when the numerator and/or denominator gets over a certain > length (or perhaps complexity). My trials have failed to find a reliable > pattern of behaviour. > > The Input cells are not entered to create Output. They are just used for > typesetting. Expressions copied from these Input cells into other Cell > styles also show the same problem. > > Is there some option I can set for the affected cells (or the whole > notebook) to tell Mathematica to leave them formatted just as I compose > them? > > John > I suspect you need to produce a reproducible example for anyone to explore this. One way might be to create a notebook programatically that shows the change of format when it is saved - otherwise any notebook that you produce will be morphed before someone can look at it. David Bailey http://www.dbaileyconsultancy.co.uk