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The Ethical And Legal Problems Of Having Patients Sign Over The Copyright On Doctor Reviews
from the it's-just-bad-all-around deptAbout a year ago, we wrote about the really troubling concept pushed by a group called Medical Justice, which tries to "protect" doctors from negative reviews online by having them demand that patients hand over the copyright on any future reviews they might write. As we noted at the time, this was an attempt to completely abuse copyright law, way beyond its intended purpose -- though we wondered if it would actually work. Here's what we wrote a year ago:
Of course, it does bring up a few interesting points of discussion. First, is that the main purpose of using copyright here is so that the doctors can make use of the DMCA's notice-and-takedown safe harbor provisions, rather than be stymied by the similar (but not quite the same) CDA section 230 safe harbors for things like defamation. One of the key differences between the two is that Section 230 doesn't have a notice-and-takedown provision (though some have been trying to add one). So, really, all this is designed to do is figure out a way to shift the critical rules in question from the CDA to the DMCA. Sneaky!Since then, we hadn't heard too much about this practice, and had kind of hoped it had just gone away. No such luck. The NY Times recently had an article about how people who vent about bad service online might get them sued, and it mentions Medical Justice and their copyright trick. So, even though this has been going on for a bit, now that the NY Times has covered, it's starting to get much more widespread interest. Public Knowledge has done a pretty thorough critique on the legal aspect of this echoing many of the points I made last year:
Second, is that I wonder if this would be seen as actual copyright infringement anyway, or if reviewers could make a credible fair use defense. In some cases, the review itself might not even be covered by copyright (i.e., if there's no creative expression in it -- such as simple "he's awful!" reviews). In other cases where copyright might exist, the four factor fair use test might allow its use. While it could hurt the doctor's ability to make money as a doctor, it wouldn't be harming the market for the copyrighted content. Also, the use would be for purposes of "criticism." So, it's difficult to see how such content posted on a review site would actually violate anyone's copyright, even if the rights really were signed over.
But... (and this is where that sneaky first part comes into play), this might not matter. Even though you can get in trouble for filing a false DMCA notification (and even for failing to take fair use into account), most online services will quickly pull down content when receiving a DMCA takedown to preserve their safe harbor protections. So in almost all cases, the content will get pulled down, even if the content isn't really infringing. And, then it seems quite unlikely that any reviewer/patient will find it worth the trouble of filing a counternotice.
Asserting copyright ownership over future physician ratings raises a number of basic copyright problems. First, it is unclear whether a person can even assign copyright ownership in a work that has not yet been created, outside of a work-made-for-hire relationship. Second, it seems that many of the ratings that upset Medical Justice cannot be copyrighted at all. A doctor using the Medical Justice agreement to censor an unfavorable review is really fighting against the idea in the review, not the expression that embodies it. This is a dichotomy long established in copyright law: copyright protects the expression of ideas, not the ideas themselves. If the works at issue can't be protected under copyright law, then nobody owns the copyright to them--not the patient, and not any assignee to whom she purportedly transfers the copyright. The ratings on many of the sites that Medical Justice dislikes (ratemds.com, vitals.com, drscore.com, doctorscorecard.com) include both space for written comments and numerical rating systems, while others (healthgrades.com, revolutionhealth.com) only collect numerical information, with no space for users to write any comments about the doctor. The numerical ratings pretty clearly have no original creativity element in them that would allow any person to claim copyright over them. Even the brief written comments likely include many examples that lack sufficient originality (ex. "Dr. Smith was mean.") to be protected under copyright law.And, it's actually even worse than that. PK also points out that, in theory, if this is allowed, then a Doctor could sue a patient for a bad review, claiming "copyright infringement" and demand statutory damages of between $750 and $150,000 for each bad review. Think about that for a second.
Even if the rating could be protected under copyright and the doctor somehow obtained legal ownership of the copyright, it seems fair use would still prevent doctors from demanding take-downs. The ratings are used for criticism, and while they may affect the doctor's business, they do not hurt the market for the rating itself. And, as discussed above, many of these ratings are barely, if at all, creative enough to be protected by copyright.
Using these "Anti-Defamation" agreements to assert purported intellectual property rights not only opens the door to the DMCA notice-and-takedown regime, but removes the case entirely from the auspices of the CDA, where it belongs. Section 230 of the CDA protects sites from liability for user-generated content, except in instances of criminal liability or intellectual property infringement. Medical Justice is clearly not a fan of the policy judgments embodied in Section 230 (here Medical Justice refers to the well-established statute as "an arcane nuance of cyberlaw"). Nevertheless, Congress has already decided that imposing liability on websites for the behavior of their users would only inhibit the development of online services. These agreements twist intellectual property law to subvert congressional intent, which is particularly problematic when Congress has already established legal mechanisms to handle defamation claims.
Separately, Jason Schultz points out that this whole scheme appears to violate basic medical ethics rules. He points to a particular rule:
Under no circumstances may physicians place their own financial interests above the welfare of their patients. The primary objective of the medical profession is to render service to humanity; reward or financial gain is a subordinate consideration. For a physician to unnecessarily hospitalize a patient, prescribe a drug, or conduct diagnostic tests for the physician's financial benefit is unethical. If a conflict develops between the physician's financial interest and the physician's responsibilities to the patient, the conflict must be resolved to the patient's benefit.How does that apply here? As Schultz explains:
Since the main concern of Medical Justice appears to be preventing harm to the physician's reputation (and thus financial interest), forcing patients to assign away their copyrights in exchange for medical care strikes me as close if not over this line. It certainly is not putting patients first. When a patient goes to see a doctor, they are often anxious, in pain, or worried and thus in a very psychologically vulnerable position, or what the law often calls a position of "duress" where they will often sign documents without giving them proper consideration. This hardly seems to me to be a fair time to demand they assign some unknown number of future copyrights to their doctor; instead it feels like a huge power grab by the physician.When you create draconian copyright laws that include free speech removing notice-and-takedown provisions, don't be surprised when people abuse it for other purposes, well beyond the intent of copyright law.
Filed Under: copyright, defamation, doctors
Companies: medical justice


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subset: commoncrawl


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About this blog
FLEFF Intern Voices
The Finger Lakes Environmental Film Festival from the interns' point of view
Thursday, February 16, 2012
Blog posting written by Chloe Wilson, Television-Radio '14, FLEFF Intern, Ashland, Massachusetts.
What's up, FLEFFers?
FLEFF 2012 is still a ways away, but last Sunday (unofficially) kicked things off with a screening of OKA!. We had a full house and a great...


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Cash-strapped commercial real estate tenants are increasingly turning to the services of lease auditors to pare expenses and free up capital for other uses. The auditors are using Web technology to pinpoint potential areas for cost reduction, while keeping in touch with clients via secure Internet sites.
For a major tenant occupying a large commercial space, the potential savings are huge if a discrepancy is found between the expenses allowed by a lease and those actually charged by a landlord. A firm can reduce operating expenses by 10% to 20% in some cases.
"I once found a landlord charging probably 10 times the cost of certain cleaning supplies that the tenant would have paid had it been an independent cleaning contractor," says Anthony Collura, president of Corporate Real Estate Services Inc. (CRS), based in West Long Branch, N.J. After an audit, the tenant recovered more than $1 million from the landlord.
In another case involving garage and management expenses, the tenant recovered $700,000 from the landlord, says Collura. Many financial recoveries are far smaller, however, such as the $38,000 returned by a landlord who had passed on electricity expenses to the tenant, with his own charges.
Business has increased 15% to 20% over the past 12 months at CRS. Some of the new clients asking for help are in dire straits, says Collura.
Most clients, however, simply want to improve the bottom line. "We deal with a lot of Fortune 1000 companies, so they're not so much underwater as they are looking to improve profitability."
The roster of CRS clients includes Bank of America, CB Richard Ellis, Duke Energy, Kohl's Department Stores, Office Max, Trammel Crow, Royal Bank of Canada and Swiss Re financial services.
Technology has helped landlords and tenants to reduce operating expenses, although most CRS clients are tenants. Clients can log into the Web-based CRS system using a secure password to access the status of the audit work.
Generally, the more complicated a lease is, the more likely it is to become a candidate for audit, since simpler, more straightforward leases leave little room for misinterpretation, according to Collura.
Energy costs are a frequent target for close examination. "In most cases, landlords are not allowed to charge a premium on electric and make a profit passing through energy costs," says Collura.
CRS reviews files and develops a report for the client recommending specific actions. During the audit, CRS informs the landlord of potential claims, and examiners review the landlord's records.
The tenant's site may also be surveyed. For example, CRS may undertake the physical measurement of a tenant's space to clarify whether the square footage stated in the lease corresponds with the actual space occupied.
At times, simple calculation errors are found — transposed numbers or a formula inaccurately applied. Some errors can lead to big overcharges for tenants.
The auditing firm represents the client to the landlord and negotiates on the tenant's behalf to come to a resolution. In about 90% of cases where inaccuracies are found, they were just "honest errors", says Collura.


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Texas Sen. Wendy Davis announced Thursday that she wants to be the next governor of Texas.
Davis made the announcement in front of a hometown crowd at the Wylie G. Thomas Coliseum in Haltom City where she received her high school diploma.
"We love Texas, not only for how good it is, but for how great we know it can be," Davis said in her speech. "With the right kind of leadership, the great state of Texas will keep its sacred promise that where you start has nothing to do with how far you can go."
U.S. & World
In June, Davis was catapulted onto the national stage after leading a 13-hour filibuster attempting to block the passage of tough abortion restrictions. The law was temporarily blocked, but later passed during a second special session of the Legislature.
Davis' opponents plan to use her support for abortion rights to rally conservative Christian voters next fall. About 40 anti-abortion demonstrators marched outside the venue where Davis was speaking Thursday, and Texas Right to Life plans to begin airing an ad over the weekend that calls her an "abortion zealot."
Following the filibuster, Davis' personal story of being born to a mother with a sixth-grade education and entering the work force at age 14 to support her family captured the imagination of many of her supporters. They were further energized by her story of being a single mother headed for divorce when she enrolled at Tarrant County Community College at the age of 19. Davis eventually transferred to Texas Christian University before graduating from Harvard University with honors.
Davis said Thursday that she shared her story precisely because she felt it wasn't unique or special, though she worried that Texans today are having a more difficult time creating a better life for themselves. It was in that spirit, in the promise of Texas, that she announced her candidacy for the 48th governor of Texas.
Shortly before taking the stage Thursday, Davis tweeted the following message:
I'm in it. For Texas. #TeamWendy pic.twitter.com/WzdrK9spsw — Wendy Davis (@WendyDavisTexas) October 3, 2013
"We're here because we want to fight for Texas jobs and help Texas companies grow," Davis said in her speech. "We're here because we want every child, no matter where they start in Texas, to receive a world-class education to take them anywhere they want to go, so that success and opportunity is within reach of every single Texan, and no one in this great state is ever forced to dream smaller instead of bigger."
Various elected Dallas County officials were present at Davis' announcement, including Dallas Councilman Scott Griggs, Dallas County Judge Clay Jenkins, Dallas County District Attorney Craig Watkins and state Sen. Royce West.
Watkins said he is confident Davis can win in her first statewide contest.
"I believe she has an excellent shot," he said. "This is evidence here, with this crowd. Last time I saw a crowd like this was when Obama came to Texas."
The primaries for the 2014 gubernatorial race will take place in March. No other notable Democrat has announced a campaign as of yet. The presumptive Republican nominee, Attorney General Greg Abbott, who announced his candidacy in July, has raised nearly $25 million to Davis' $1 million.
Abbott didn't waste any time getting off the first shot in the race. Moments after Davis made her announcement Thursday, Abbott tweeted the following:
Senator Wendy Davis wants to bring Obama's agenda to Texas. Say NO! Join me today. #tcot #txgop https://t.co/ArFK39cXLe — Greg Abbott (@GregAbbott_TX) October 3, 2013
Experts say Davis and the political action committees supporting her will need to spend about $40 million to make it a competitive campaign in Texas, where Democrats have not won more than 42 percent of the vote in the last three elections.
But national Democratic support and changing state demographics give Davis a chance to end the party's 20-year losing streak in Texas, Democratic consultants say.
She was a successful attorney who had served nine years on the Fort Worth City Council when she decided to enter politics by challenging a veteran Republican state senator for District 10 in Tarrant County in 2008. She narrowly won that race and a tough re-election bid in 2012, when most voters in her district cast ballots for GOP presidential candidate Mitt Romney.
Observers say her ability to win Republican crossover votes will be critical if she expects to beat Abbott, who has the full strength of the GOP establishment behind him.
NBC DFW's Omar Villafranca and The Associated Press' Chris Tomlinson contributed to this report.


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Pot(redirected from potted up)
Also found in: Dictionary, Thesaurus, Medical, Legal, Idioms, Encyclopedia.
The portion of stock or bond issue that is returned to the managing underwriter by the participating investment bankers for sale to institutional investors.
The portion of a new issue that the lead underwriter places with institutional investors. Sometimes the underwriters in a syndicate give the pot back to the lead underwriter from their remainder and sometimes it is specifically set aside at issue.
The securities from a new issue that are returned to the lead underwriter by syndicate members for sale to institutional investors. See also pot is clean.


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- Prayer and Worship
- Beliefs and Teachings
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- Bible
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- About USCCB
WASHINGTON— The activities of World Youth Day (WYD) in Madrid will include Theology on Tap on Wednesday, August 17, 7-9 p.m., at the Love and Life World Youth Day Pilgrim Center located within the Palacio de Deportes Arena. Archbishop J. Peter Sartain of Seattle will speak to the informal gathering. The program will also include a musical performance by Catholic performing artist John Angotti.
This evening event will provide opportunities for networking and conversation with young adults, ages 18-35, from the United States and other English-speaking countries on pilgrimage to Madrid. The event is sponsored by the National Catholic Young Adult Ministry Association (NCYAMA), in partnership with Renewal International and the Secretariat of Laity, Marriage, Family Life and Youth of the U.S. Conference of Catholic Bishops (USCCB).
Theology on Tap is one of a series of WYD events that will allow the young people to interact with U.S. bishops. Other opportunities, also at theLove and Life Center, include catechetical sessions, "meet the bishop" activities in which youth will have the opportunity to ask questions and dialogue informally with particular bishops, a lectio divina experience after the Stations of the Cross and the U.S. gathering and Mass the morning of Saturday, August 20. The Love and Life pilgrim center is being hosted by the Knights of Columbus and the Sisters of Life. For information and a schedule of activities at center go to www.wydenglishsite.org.
The U. S. bishops also will host a Vocations Fair, 4-11 p.m. on Wednesday, August 17, at San Francisco de BorjaParish (Calle Maldonado, 1), across the street from the U.S. Embassy in Madrid.
Additionally, the eight U.S. bishops selected as catechists for WYD will provide catechesis Wednesday-Friday at different locations throughout Madrid. Those sites are still being determined and will be provided to pilgrims upon arrival.
Those who cannot attend in person can still join a Virtual Pilgrimage to WYD, www.virtualworldyouthday.org, sponsored by the USCCB Communications Department, which will include live streaming of all main events with Pope Benedict XVI.
Keywords: World Youth Day, WYD, Theology on Tap, Archbishop J. Peter Sartain, Love and Life World Youth Day Pilgrim Center, Palacio de Deportes Arena, National Catholic Young Adult Ministry Association, Renewal International, Knights of Columbus, Sisters for Life
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View Webinar
Viewing this webinar requires some basic information. This data is only used within SCORE and will not be distributed to any third parties.
It's 2016, and over 60% of small businesses still don't have a website. Yet 64% of consumers prefer to buy from businesses they can contact online.
In this webinar, one of six sessions during SCORE's October 27 virtual conference, Power Up Your Small Biz: Technology Trends, Mark Medina of DreamHost, explains how something as simple as a domain name can be one of the most powerful tools a small business can have, and how it can make your business stronger.


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LCD buyers have until Dec 6 to join settlement
10 electronics manufacturers were accused of raising prices
MADISON, Wis. — The Wisconsin attorney general says those who bought a TV, monitor or laptop with an LCD flat screen have about three weeks left to claim part of a settlement in a class action lawsuit.
The billion dollar settlement was reached with 10 electronics manufacturers who were accused of conspiring to raise prices for the LCD screens. The settlement pertains to merchandise purchased between 1999 and 2006.
Attorney General J.B. Van Hollen says eligible consumers have until Dec. 6 to file a claim. They'll be able to collect $25, $100 or more by answering a few questions about the merchandise they bought. The exact amount of each payment will depend upon the number of products purchased and the number of claims filed. No receipts or other documents are required.
Claims can be filed online at www.LCDclass.com.


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February 2012
Length of Days and Long Life
From time immemorial Homo sapiens has always yearned for the proverbial "length of days and long life" perhaps because it's hard-wired in the human psyche by virtue of our God-given, genetic imprint known in Western culture as the Imago Dei—Image of God. Yes, our traditional birthday prayer and fervent hope for those we love has always been Ad Multos Annos—For Many Years.
Some scientific studies in the burgeoning field of epigenetics (nutrient control and modulation of genetic expression), however, suggest that the secret to length of days and long life may not be exclusively attributable to one's genes after all. Longevity, it has been reasoned, is more the result of our cultural modus vivendi generally referred to as a "healthy lifestyle," ideally characterized by such distinctives as a Mediterranean-like diet, caloric restriction, adequate hydration, sound sleep, sunshine exposure, periodic physical activity (e.g., walking, if nothing else), drug avoidance, sound mind, emotional balance, meditation, and dietary supplementation.
Well, so much for genetics alone as an excuse for mainstream medicine's anti-aging antagonism and unreasonable rejection of "preventive medicine" in favor of "early detection," rejuvenation research and nutritional/herbal therapies for longevity and life extension.
Seniors and Senility at Sixty
In January 2006 an estimated 77 million American "baby boomers" (1946 – 1964) turned sixty. This generational milestone begs the question whether these senescent seniors will succumb to early senility. Speculation has it that these well-heeled, sixty-something seniors will seek to delay "the way of all the earth" by taking their healthcare into their own hands. Many healthcare "experts" so-called, however, predict the proliferation of a "longevity for sale" mentality and marketplace in today's internet-savvy, consumer-driven healthcare era.
Also expected is a veritable explosion of increasingly popular "nutraceuticals" so-called including natural (organic and raw) foods, food-sourced vitamin/mineral multiples, and a seemingly infinite number of discrete dietary supplements from astaxanthin to zinc. In brief, the proverbial "Fountain of Youth" has never been sought after so seriously as by today's 21st century boomer generation. Will it prove to be a boom or bust?
Nutrient Depleted Diets
Ten years ago a popular book, provocatively titled Death by Diet, and many others since that time have made the case for diet-induced, boomer deterioration as evidenced by their bad eyes, bad ears, bad teeth, bad hair, bad breath, bad hearts, bad bones, bad nails, bad backs, "bad" cholesterol, low to no libido, and ultimately untimely death. Yes, common sense informs us that we most certainly are what we eat and metabolize. To think and act otherwise does not make for a happy and long life as evidenced by our increasingly deplorable healthcare statistics.
Make no mistake about it, nutrient insufficiency or even worse frank deficiency will eventually trigger physiological dysfunction, disease and death in the end. The Standard American Diet, aptly tagged with the acronym SAD, and its resultant obesity epidemic especially with the youngest among us is in fact America's saddest running "healthcare" story.
That diets loaded with junk or ersatz food, processed and promoted by Big Ag for the past 60 years plus, are altogether nutrient-negative is simply a no-brainer. But even healthy diets devoted to otherwise nourishing fruits, vegetables and grass-raised meats—sorry PETA and vegans—are no longer what they used to be given their source, viz., mineral and trace element depleted soil and their chemicalized fertilizer and pesticide environment.
Contrary to contemporary evolutionary theory, the biblical narrative presents the human being as having emerged from the humus, that vital organic component of the soil, which is also required to sustain human life by the vital and plentiful plant life it provides. Another no-brainer?
Nutrient Depleting Drugs
An equally, if not an even more insidious detriment to a senior's health and well-being, is allopathic medicine's FDA approved and physician assisted, "standard of care" practice of polypharmacy—pharmaceutical drugs for every diagnosis and disease. While some drugs—think man-made, alien molecular entities—may admittedly sometimes deliver some in extremis seniors from death's door, there should be no place for an ever increasing and life-threatening drugging of our seniors, especially those in "assisted living" facilities, which for all intents and purposes are sadly tantamount to what could be called "assisted dying" homes.
Consult the Drug-Induced Nutrient Depletion Handbook (and Dr. Ray Strand's Death by Prescription) for a comprehensive "Beta-Carotene to Zinc" listing of nature's nutrients known to be nuked by man's medicines. Those vital substances include: bifidobacteria, biotin, carnitine, chromium, coenzyme Q10, iodine, lactobacillus acidophilus, magnesium, molybdenum, potassium, silicon, vanadium, and all the fat-soluble (A,D,E,K) as well as the water-soluble B (1,2,3,5,6,12) vitamins, not to mention good old vitamin C. Good God! No wonder our seniors are dying before their time. And we dare call it "healthcare" instead of what it really is—drug care? Whatever happened to the popular mantra "Just say no to [pharmaceutical] drugs"?
Nutrient Defining Diseases
Despite the many scientific and technological advances in conventional allopathic medicine in recent years, there is today perhaps no other factor as demoralizing and utterly devastating to baby boomers than autoimmunity more commonly referred to as "autoimmune disease"—the number one enemy of longevity and anti-aging healthcare. As its name suggests, this malicious malady for which there is no conventional "cure" causes the body's immune system to betray the boomer by launching and sustaining a self-destructing assault upon the body chemistry with usually crippling results.
For many seniors any autoimmunity disease such as Alzheimer's, Rheumatoid Arthritis, Celiac Disease, Multiple Sclerosis (MS), Crohn's Disease and Lupus Erythematosis to name only a few can become a merciless killer. Dietary and clinical nutrition alone offer hope for the prevention and "cure" of these nutrient defining or related conditions. Thankfully, both the ancients and today's naturopathic-minded physicians and clinicians subscribe to the timeless principle of Vis Medicatrix Naturae—The Healing Power of Nature, and prescribe accordingly.
On-going research and clinical trials have repeatedly proven the therapeutic efficacy of sunshine and its supplemental substitute, Vitamin D, in the prevention and treatment of innumerable diseases including those of an autoimmune nature such as MS, the debilitating neuromuscular disease on the rise in the Western world. Other substances shown to be effective in preventing and/or ameliorating this condition and others include: proteolytic (protein digesting) enzymes such as bromelain and papain, essential fatty acids such as EPA and DHA, minerals such as magnesium and iodine, polyphenols such as curcumin and resveratrol, and the B vitamins especially B12 in its active, methylcobalamin form.
Herbal therapy for MS often includes such notable medicinal botanicals as ginkgo, green tea extract (ECGC), olive leaf, and milk thistle, while dietary therapy often includes such well-known Omega 3 & 6 essential fatty acid oils as fish, flax, and evening primrose.
Antioxidants for Anti-Aging
According to current scientific research, boosting the body's levels of natural antioxidants such as enzymes could be the anti-aging key to "length of days." The proven and potent life-extension properties of the antioxidant enzyme catalase, for example, functioning in concert with another important endogenous enzyme called superoxide dismutase (SOD for short), work together to scavenge and neutralize so-called free radicals—highly destructive "rusting" agents (technically known as "reactive oxygen species" or ROS for short), responsible for accelerated aging especially within the graying boomer community. Don't old folk often look like they're rusted?
Innumerable foods and herbs function as amazing antioxidants including ashwaganda, astragalus, bee propolis, colorful, carotenoid-rich berries, garlic, ginsengs, oregano, spirulina, and turmeric not to mention—believe it or not—dark beer and red wine (as well as black coffee and green tea) for stress reduction and a longer and happier life. As a matter of fact, the feisty and beloved internet doc, William Campbell Douglass II (MD), recently praised beer as a "health food" because of its bona fide health benefits.
This author's youngest son, himself a new MDeity (thank you Charlie Brown) in Preventive Medicine with the USAF, commenting on the Douglass report, confirmed: "He's right. Study after study shows that moderate alcohol consumption decreases all-cause and cardiovascular mortality. And it doesn't matter which type of alcohol. It's probably the anti-coagulant and cholesterol modification effects of the alcohol itself that helps. If you want more proof, check out the . . . graph from a meta-analysis of 34 articles published in Archives of Internal Medicine in 2006." Some doctors get it.
The take home message for seniors (and juniors too): take anti-aging antioxidants for promoting the proverbial "length of days and long life."
Rejuvenation and Renewal
Our culture's seemingly relentless progression from discomfort, distress, dysfunction, disease and decay to an ultimately untimely demise is simply the result of an unhealthy lifestyle and its devastating effect on both body and soul—bigness of body and smallness of soul. Indeed, physical and metaphysical malnutrition is most certainly an increasingly deadly combination especially for seniors.
To reverse direction, to recover from this death-dealing syndrome, to rejuvenate our dead-tired bodies, and to renew our lives we must get back to the basics of diet and dietary supplements as needed. In short, a broad-spectrum, applied clinical nutrition solution is required to maximize our immune response to the wide variety of acute and chronic challenges that plague our 21st century boomer community.
As an old wholistic doctor friend and mentor has long emphasized, "The road to [healthcare] success is always under construction—and always a toll road. Nutritional modulators are required to fix, patch, repair and mend the road more traveled." And for seniors the most cost effective preventative for keeping on the road and out of the ditch is by nutritional supplementation with a broad-spectrum, food-based, vitamin/mineral multiple—daily.
Science and Supplements
Research out of UC Berkley in late 2007 validated what nutritionally-minded healthcare professionals have been clinically proving and demonstrating to be true around the country and abroad for much of the 20th century, namely, that nutrition works, just as the research paper's title assures us and all those with healthcare ears to hear and minds to believe—the "Use of Multiple Nutritional Supplements Found to Be Beneficial to Health." Duh!
Just before the turn of the millennium, The American Journal of Clinical Nutrition echoed the Hippocratic dictum delivered some 2,500 years earlier: "Let food be thy medicine and medicine thy food" by stating unequivocally that "vegetables and fruit and their constituents are potent effectors of biological systems in humans." Yes, sometimes science does make some sense, believe it or not, and confirms what has been known for millennia.
Seniors and Supplements
To begin with, it must be emphasized that dietary supplements are intended to supplement the diet—another no-brainer for sure. As famously mandated by the Food & Drug Administration (FDA), they are not in and of themselves intended "to diagnose, treat, cure, or prevent any disease." Amazingly to its credit, the government's Department of Health and Human Services supports dietary supplementation by asking this simple question: "Even if you eat a wide variety of foods, how can you be sure you are getting all the vitamins and minerals, and other nutrients you need as you get older? Supplements and fortified foods may also help you get appropriate amounts of nutrients [emphasis added]." Imagine that!
In the interest of full disclosure on the other hand, the conventional medical establishment is also well-known for its traditional and relentless trashing of dietary supplements ". . . widely used by older adults, even though the effectiveness of these supplements in preventing illness is questionable" according to a recent "Best Evidence Review" of the subject in terms of "Mortality Rates in Older Women" reported by Medscape just last month.
Senior Multi-Vitamin/Mineral Supplementation
As noted earlier, in addition to a healthy balanced diet, a daily, food-based, broad-spectrum, vitamin/mineral multiple will serve seniors well in their pursuit of a disease-free, active life well beyond their sixties and seventies.
Conventional multi-vitamin/mineral products, however, comprised in the main if not entirely of synthetic isolates, are not food-based, and therefore cannot deliver the health benefits of a whole food supplement—naturally. The whole is greater than the sum of its parts in terms of the synergy and potency of whole foods and food-based supplements such as those manufactured by highly respected companies such as Garden of Life, MegaFood, and New Chapter, to mention only three among many.
Whole food-based supplements can be described as "phytonutrient complexes" typically comprised of probiotic-cultured vegetables, fruits, whole herbs, and herbal extracts of organic origin to the extent possible. Only such natural products provide genuine dietary supplementation, not to say, however, that vitamin and mineral isolates have no place in applied clinical nutrition for targeting specific nutrient deficiencies associated with any number of common physiological dysfunctions and diseases. Foods are complex organic entities comprised of both known and unknown factors; food supplements should be too. One of the early 20th century nutritional pioneers, Dr. Royal Lee, employed this accommodated use of Scripture to explain the infinitely complex nature of food: "What therefore God hath joined together, let not man put asunder." It's another no-brainer!
Seniors who take care of themselves by "living out" all or most of the basic lifestyle principles can truly benefit from whole-food supplementation for general as well as for specific healthcare objectives. Such plant-based formulations provide not only the major minerals and vitamins, but also the many trace elements and other substances of innumerable categories in their proper bioactive forms for optimum absorption and metabolic utilization including but not limited to: an array of amino acids, co-enzyme B vitamins, cholecalciferol D3, methylcobalamin B12, methylfolate, bioflavonoid complexed vitamin C, vitamin E tocopherols and tocotrienols, chelated minerals and little known trace elements.
PubMed Central of the National Library of Medicine offers a treasure trove of scientific research including randomized blinded studies and human clinical trials which validate the therapeutic efficacy of dietary supplementation for senior men and women. Aging seniors need not worry about the health of their bones, breasts, eyes, hearts, memories, prostates—or cholesterol. Why? Medicus Curat, Natura Sanat—The Doctor Cares, but Nature Heals.


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Hi guys,
I tried to do a lot of research and experiementing but i can't seem to get it right. Starting to believe it is not possible.
Can I put a button in the header of a grid column? I looked into adding menu items into the column menu but that won't work as I only want this item for one specific column. I thought the best idea then was to have the text in the column header to be a button which will have a listener to do what I need it to do.
Any help appreciated


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The Washington State Department of Ecology's public comment period is open through Sept. 20.
A Mount Sinai researcher has found that the health of people living near toxic waste sites in India, Indonesia, and the Philippines are directly affected, causing them to miss out on healthy years of life.
The installation of hidden cameras by the Massachusetts Department of Environmental Protection (MassDEP) captured several perpetrators in the act of illegal dumping in high-risk areas.
The Univar workplan addresses cleanup of groundwater contaminated with volatile organic compounds in Commerce while the PG&E remedial action plan deals with polycyclic aromatic hydrocarbons, total petroleum hydrocarbons, metals, and polychlorinated biphenyls in the soil in Colusa.
Soils at St. Joe State Park are extensively contaminated with toxic lead and lead compounds from mining wastes that accumulated over several decades.
EPA is proposing that the abandoned sites New Idria Mercury Mine in San Benito County and the Blue Ledge Mine in Siskiyou County be added to the National Priorities List.
By selecting this conservation organization to implement the program, EPA seeks to improve the natural resources and socio-economic conditions in the Mid-Atlantic Highlands.
In this fifth and last installment of the multi-part series on today's problems in land development, the author takes a look at redevelopment in the inner suburban core.
Crabtree Development will give the town 7.6 acres of the Pingry Hill development.
The Department of the Interior is seeking comment on a draft environmental impact statement that offers four alternatives for managing mineral development near the Grand Canyon.
The rule provides a collaborative and science-based framework for creating land management plans that would support ecological sustainability and contribute to rural job opportunities.
Tim Gieseke's book illustrates a practical method to identify environmental values and makes a case for bringing the externalities of agriculture and business into the economic accounting framework.
Find out who was hired, what companies were acquired, and which smart bidders won contracts since the start of 2011.
Testing showed that plants grew 25 percent slower in contaminated soil, but researchers suggested high alkalinity was the problem and that could be managed by adding gypsum to the red mud.
EPA is asking for comments on seven topics related to potential revisions of its Hazard Ranking System.
A new report by the U.S. Conference of Mayors highlights the potential contribution that redeveloping brownfields can make to city revenues.
Study shows pollutant levels in soil collected from Mount Everest glacier were acceptable for most trace elements; arsenic and cadmium exceeded drinking water standards.
This is the third installment of a multi-part series on some of today's problems in land development and how innovative methods collectively known as "Prefurbia" can help overcome them.
Honde LLC, a partner of the University of Utah, is using heightened ozonation treatment to remediate a site on the shore of Lake Taihu.
The 3DMe molecular structure and microemulsion promotes wide-area transport in aquifer systems, requiring less substrate and fewer injection points for effective contaminant treatment.


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Coronavirus Update: Due to the increase of coronavirus in Florida, we are working remotely. All of our services are 100% operational and online. Please excuse any delays in our usual processes. Please call or email us for any questions or concerns. Thank you for your patience.
746 Boats
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UNH gets 3-year grant to eliminate gaps in newborn screening for heart disease
DURHAM, N.H. (AP) � The University of New Hampshire is using a three-year, $900,000 federal grant to address regional gaps in newborn screening for heart disease.
The UNH Institute on Disability was awarded the grant from the U.S. Department of Health and Human Services to address the challenges of implementing newborn screening for critical congenital heart disease in New England. Officials say those challenges include staffing limitations at public health agencies and birthing facilities, as well as the wide geographic distribution of birthing facilities across the region.
The project's goals include enhancing connections between state public health departments and hospitals and making sure that families have access to diagnostic and treatment services regardless of how far away they live from major cities.


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Main Content
Add/Update Survey Report System Notification Information
The ISDH Survey Report System will send an email to the email address provided by health care facility. The ISDH highly recommends that each facility identify an email address that is assigned to the facility rather than one individual. Please indicate below the facility's primary email address to which notifications will be sent. A facility may request an additional notification for areas such as the corporate office or owner's office. Please complete the corporate office or owner's office Email address if notifications are to be copied to these offices.
Note: The information you submit on this form may be considered public record and subject to disclosure, upon request. **These fields are required.


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Get started
- Make sure that your iPhone, iPad, or iPod touch is updated to the latest version of iOS.
- On the iOS device that you use to set up HomePod, make sure that you are signed in to iCloud with your Apple ID and have turned on iCloud Keychain. You also need to have two-factor authentication set up for your Apple ID.
- Check that your iOS device has Bluetooth turned on and is connected to your home Wi-Fi network.*
- Make sure that the Home app and Apple Music app are installed on your iOS device. If you deleted either of these apps, go to the App Store and redownload them.
*HomePod doesn't support public or subscription networks with sign-in requirements.
Set up HomePod
Place HomePod on a solid surface, anywhere in the room. Make sure that it's 6 - 12 inches away from any wall or corner with at least 6 inches of space around it. HomePod senses where it's placed, then automatically analyzes the acoustics in the room, steering music in the optimal direction.
To set up HomePod:
- Plug HomePod in to power. Wait for a chime and a pulsing white light to appear on the top of HomePod.
- Unlock your iOS device and hold it next to HomePod. Tap Set Up when it appears on your iOS device's screen.
- Pick a room, enable Personal Requests, and transfer settings to automatically set up access to your information on iCloud, home Wi-Fi network, Apple Music, and more. If you're setting up a second HomePod in the same room, you'll see an option to use both speakers as a stereo pair.
- When asked, center HomePod in the viewfinder on your iOS device to complete pairing. If you can't use your camera, tap Enter Passcode Manually and Siri will respond with a four-digit passcode to enter on your device.
- Wait for HomePod to finish setup. Then Siri will greet you and give you a few examples of things you can ask.
To check that HomePod is set up, open the Home app and look for HomePod in the Home or Rooms tab. You can also customize and manage all of the settings for HomePod in the Home app on your iOS device or Mac.
If a supported language or feature is missing after setup is complete, make sure that your HomePod is updated to the latest version of iOS.
If you don't see the setup screen, you can manually set up HomePod. Just open the Home app, tap , tap Add Accessory, tap Don't Have a Code or Can't Scan at the bottom, then tap HomePod and follow the onscreen instructions. Learn what to do if you can't set up HomePod.
You can't set up HomePod with the Home app on Mac.
Use Siri on HomePod
From playing music to controlling your home, your voice is Siri's command on HomePod. And, you don't need your iOS device to be present to use Siri to play music, control your home, or to ask questions. Just say "Hey Siri," then make your request. To learn some basic things you can ask, say "Hey Siri, what can you do?" Here are more things you can do with Siri on HomePod.
Listen to music and podcasts
With Apple Music, Siri can play all of your favorite music and even help you discover something new.
Control your home
Ask Siri to turn on lights, adjust the thermostat, and control all of your HomeKit accessories.
Make Personal Requests
Ask Siri to set a reminder, send a message, make a phone call, check your calendar, or edit notes.*
Do even more with Siri
Get the latest news, set a timer, check the weather, and more just by asking Siri.
*Personal Requests requires your iOS device to be present to send and read messages, set reminders, manage your calendar, and edit notes.
More ways to control HomePod
You can control HomePod with the touch controls, the Home app, and from Control Center.
Use touch controls
Tap the top of HomePod to play, pause, or adjust the volume. The top of HomePod also shows you when Siri is listening by displaying a multicolored light. Learn how to use the touch controls on your HomePod.
Use the Home app and Control Center
You can play and pause music playing on HomePod in the Home app. Here's how:
- On iPhone, iPad, or iPod touch: Open the Home app and tap HomePod.
- On Mac: Open the Home app and click HomePod.*
Want to do this from Control Center on your iOS device? Add the Home app to Control Center, then open Control Center and tap HomePod to quickly play and pause music.
*To use the Home app on Mac, update your Mac to macOS Mojave.


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NEW YORK -- A growth in membership and personal training revenue as well as a low attrition rate highlighted the second quarter 2008 results for Town Sports International (TSI).
Revenues for TSI increased 8 percent to $129.4 million in the second quarter 2008 compared to $119.8 million during the same period ended June 30, 2007. Revenue at clubs operated by TSI for more than 12 months, or comparable club revenue, increased 3.2 percent during the three months ended June 30, 2008. Total revenue for the six months ended June 30, 2008 increased 8.7 percent to $255.7 million compared to $235.1 million in the six months ended June 30, 2007.
The 3.2 percent monthly attrition rate in the second quarter was better than the levels of attrition in the second quarter 2007, TSI CEO Alex Alimanestianu said.
"We are pleased with our second quarter performance, and we are once again reaffirming our guidance for the year," Alimanestianu said in a statement released prior to last week's conference call. "As we have said before, we believe that our core customer base in major Northeastern metropolitan areas will remain committed to their health and fitness goals despite any additional economic strains that may arise."
Membership dues increased 8.2 percent to $101.4 million, and personal training revenue grew 7.9 percent to $16.7 million in the second quarter.
Net income was $6.8 million for second quarter 2008 compared to a net income of $6.4 million for second quarter 2007. Net income for the six months ended June 30, 2008, was $11.6 million compared to $2.6 million for the six months ended June 30, 2007. The increase was due primarily to the loss on extinguishment of debt of $7.4 million recorded in the six months ended June 30, 2007.
TSI expects total revenue for 2008 to be between $510 million and $520 million, representing 8 percent to 10 percent growth over 2007. For the year ending Dec. 31, 2008, TSI estimates it will invest between $90 million and $95 million in capital expenditures. This amount includes about $21 million to upgrade existing clubs, $9 million to support and enhance information systems, and $6 million for the construction of a new regional laundry facility in TSI's New York Sports Clubs market.
TSI expects to open 11 new clubs and close four clubs in 2008. As of June 30, TSI opened five clubs and closed three clubs.


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This is BULLSHIT.
Remember when two Oklahoma City Thunder fans hit halfcourt shots last week? Cameron Rodriguez, the first one to win $20,000, might have to give up his money. He's a basketball player at Southwestern College, and the NAIA has to review as to whether or not he can keep the money, since Rodriguez has an athletic scholarship.
The scholarship's $4,000, but Rodriguez says that including books and other needs, he pays a total of $33,000 per year, according to Bloomberg News. Anyway, he and the school have asked the NAIA to look over the large amount of money and deem if Rodriguez can accept it.
The NAIA student guide says athletes cannot use their sports ability or fame for financial reward. John Leavens, the executive director of the NAIA Eligibility Center, said rulings on these cases typically take one to two weeks.
"It would certainly hurt his cause if he had tried to circumvent the rules," Leavens said in a telephone interview. "The fact that he connected with the right officials to make sure that he understood the proper application of the rule is something that we expect, and we're glad to see."
Leavens says that if Rodriguez had won the prize in any non-basketball competition, he'd be able to keep it with no questions asked. DUMB. Rodriguez would lose a full academic year by taking the money. EVEN DUMBER.
For the record, the NCAA apparently makes an exception for promotions that choose random contestants, which means that the NCAA is somehow more forgiving than the NAIA. Bad looks, NAIA.
If Rodriguez can't keep the money, he says he'll donate it to a local non-profit. That's nice, but this whole situation is stupid. Let the kid keep the damn money.


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Teen beat: 'Annoying' is not a disorder
For a while this spring, clinical psychologist Peter Sheras flirted with the idea of tossing his hat into the 57th District ring.
He figured the contentious legislature could benefit from his consensus-building skills, honed from more than 30 years of working with teens.
"What bothers me about the General Assembly is they don't play well together," he says. Nor does he like the polarization between the parties. "If you have teams, it's not good for the community."
He adds cryptically, "If all you have is a hammer, everything looks like a nail."
But when the announcement about his candidacy came in late March, it was that the UVA prof decided not to add elected official to his résumé– for now.
For one, he'd have to take an unpaid leave from teaching, which he loves. "It's like perpetual parenting with people who are really interested in what you say– unlike your own kids," says Sheras, whose kids are safely through adolescence.
He became interested in psychology in college while working at a community center where there were smoking, drug-using teens. "They weren't evil– they just didn't know what to do," he says. "I was intrigued by that naive sense I'd discover a cure for confusion."
Since then, he's worked on youth violence, bullying, divorce prevention, and supporting parents of teens.
And even now, the thing he likes best about his practice is watching people come to see the world differently.
Sheras has a double-psych household: his wife, Phyllis Koch-Sheras, also has a practice. "People think we spend all the time talking about our cases," he says. "That's the last thing we want to do." And of course there's that confidentiality thing.
But they do write books together, hold workshops, and can segue work-related trips into vacations.
So what's the common teen refrain? "Nobody understands me," replies Sheras. "Your kids confuse agreement with understanding. They think if you don't agree, you don't understand." For instance, if a parent says "No way, José" to a 1am curfew, teenagers think they need to explain it again, explains Sheras.
And psychology does have its limits as far as teenagers are concerned: "We don't diagnose them as annoying," he admits.
Age: 57
Why here? I came to take a job teaching at UVA, but I stay here because I love it here. So much great art, spirituality, beautiful surroundings and interesting people.
What's worst about living here? The humidity
Favorite hangout? Mudhouse
Most overrated virtue? My guitar playing
People would be surprised to know: I was a pretty good and accomplished child actor in Chicago.
What would you change about yourself? I would be able to relax more without feeling restless or guilty.
Proudest accomplishment? Helping to establish Couples Coaching Couples, a national group of couples working to enrich the lives of other couples
People find most annoying about you: I snore loudly.
Whom do you admire? Leo Szilard, the Hungarian-born nuclear physicist (1898-1964) who first had the idea of the atom bomb and worked on the Manhattan project. He later became a biologist and social critic and wrote a great short story, "The Voice of the Dolphins," in which it was discovered that dolphins had superior intelligence and were able to solve the world's problems.
Favorite book? Fiction: The Hobbit; nonfiction: The Pursuit of Loneliness by Philip Slater
Subject that causes you to rant? Zero tolerance and fundamentalism
Biggest 21st-century thrill? Watching our kids graduate from college– and the Cubs almost make the World Series but reassure their fans by losing in a spectacular way when a fan touched a ball in play.
Biggest 21st-century creep out? The 2004 presidential election
What do you drive? A Volvo Cross Country
In your car CD player right now: Fleetwood Mac The Dance
Next journey? Back to India next winter
Most trouble you've ever gotten in? Tear gassed by police on the New Haven Green during a demonstration for Black Panther leader Bobby Seale in the spring of 1970.
Regret: I wish I could have lived for a few more years in Northern California.
Favorite comfort food: Toast or anything chocolate
Always in your refrigerator: Kosher pickles
Must-see TV: West Wing or M.A.S.H reruns
Favorite cartoon: Rocky and Bullwinkle (South Park a distant second)
Describe a perfect day. Up early, work out (rowing or lifting weights), yoga and meditation for an hour, writing and then teaching a class. Dinner in town with friends followed by a discussion of politics or art, early to bed to snuggle with wife. Dreams of walking on the moon.
Walter Mitty fantasy: First psychologist astronaut on Mars
Who'd play you in the movie? Robin Williams
Most embarrassing moment? My freshman-year date to the college prom went home with the photographer while my friends looked on.
Best advice you ever got? From my grandfather: Don't lend money to your relatives– just give it to them. If they don't pay you back, you're not mad, and if they do, you're impressed.
Favorite bumper sticker? "This sentence no verb" or "Got Oars?"
Peter Sheras


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Demonstration held outside Cudahy High School
Family, friends demand zero-tolerance policy on bullying
Family and friends of a Cudahy High School student who took her life are demanding that the school take a zero-tolerance policy on bullying.
Friends and family of Alida Guerrero, 15, marched out of the high school campus with a lot of frustration, saying more isn't being done to protect students. The Cudahy High School sophomore took her life in her home on Nov. 27.
"I just wish she didn't have to leave me," said the teen's sister, Tatyana Guerrero.
Tatyana Guerrero said bullying in school and online became too much for her sister. She also said school officials are not doing enough prevention.
"They said, 'Walk away.' That's their attitude toward bullying," Tatyana Guerrero said.
Students said Alida Guerrero is the third Cudahy student to commit suicide in the past 13 months. The teen's mother said enough is enough.
"I'm very angry and I want to see something done. They couldn't save my granddaughter, but hopefully it will save somebody else's child," said Guerrero's grandmother, Rita Mendez.
The school superintendent released a statement, saying, "We have no knowledge that the young lady in question was bullied or harassed while at Cudahy High School. We take all reported incidents of bullying and harassment seriously. Those students found guilty of such acts face stiff disciplinary actions. We are saddened by her death, and our thoughts and prayers go out to the family."
The Guerreros said a zero-tolerance policy must be put in place immediately against bullying.


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Ortega's Weaving Shop
- Antiques, Art Galleries & Gift Shops
An Ortega's Weaving is the ultimate icon of the Southwest. It's the product of nine generations of inventive weaving, perfected. The historic roots and expertise embedded in Ortega's Weavings are a symbol of authentic New Mexico to natives of the state and collectors worldwide.
You may personalize all items by choosing one of five signature colors to be used for the background of your piece. The other colors will be worked into a one of a kind pattern using the skillful hands and vision of an expert weaver. If you desire another color, please contact us for yarn samples. To be sure your Ortega's jacket or vest will fit perfectly, simply have measurements ready.
With precise attention to detail and with your color choice in mind, the weaver will create a one-of-a-kind pattern on a garment fashioned specifically for you. The family behind the Ortega brand personally guarantees a customized, original creation of quality and style that's tastefully timeless and exclusively Southwestern.
Please choose a category and continue shopping. In the end, you'll be the recipient of a beautifully woven garment that will last a lifetime.
Your personal Ortega's weaving is awaiting creation.
Located at the Junction of State Road 76 and Santa Fe County Road 98 (Juan Medina Rd) in Chimayo


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2017 Canada Moose Harvest Photo Gallery
Click on an image to enlarge and view details.
Want to be in next year's harvest photos?
Please remember to send your information to the SBA Records Committee prior to December 31st. For details on how to submit an entry, visit our How To Submit an Animal Entry page.


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Jack Woehr's Bio
Jack Woehr has programmed for decades, led development organizations, and written open source software. Currently Jack is researching Quantum Computing and other Hard Science topics, while ranting about politics, mismanagement, and the general foolishness of the human race. Visit his PigIron and FIJI projects.
- Dust in the Wind : A Unified Field Hypothesis
- Gazing into the Abyss of Bell's Theorem
- The existential irreality of quantum state
- The Distribution of the Solar System is Quantized
- Deadline is Dec 1 for Knight News Challenge media innovation contest
- Them Wascally Gravity Waves
- Insights on Infinite Subconstituency
- Quantum Computing and the search for the Higgs Boson
- On the Quantum Computing Bus: A Chat with Steven M. Girvin
- Industry Leading Lemmings
- A new use for Quantum Physics
- Archie Goodwin and the Bohm Interpretation
- Elusive Gravity Waves
- Haiti family reunion effort spawns call to news organizations
- Disclaimer and Confidentiality Notice
- OMG :) I'm a User!
- Homogeneity of Physical Systems
- Wishing You A Christmas Full of Uncertainty!
- Supercool Dude .. A chat with Anthony J. Leggett
- Google is all over QC like flies on sugar
- Russian rocket provides geometric analogy to quantum measurement coincidence
- Drowning Man Grasps Planck
- Onion Theory of the Universe
- A rotating disc replicates the prediction of quantum mechanics
- No Starch publisher Bill Pollock on Ryan Harris indictment


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30.6: Pericyclic Reactions in Biological Systems
- Page ID
- 14228
The rate of a chemical reaction is the change in concentration over the change in time.
The rate of a chemical reaction is the change in concentration over the change in time and is a metric of the "speed" at which a chemical reactions occurs and can be defined in terms of two observables:
- The Rate of Disappearance of Reactants \[-\dfrac{\Delta[Reactants]}{\Delta{t}}\] Note this is negative because it measures the rate of disappearance of the reactants.
- The Rate of Formation of Products \[\dfrac{\Delta{[Products]}}{\Delta{t}}\] This is the rate at which the products are formed.
They both are linked via the balanced chemical reactions and can both be used to measure the reaction rate.
For example, in the simple reaction \[A + B \rightarrow C + D\] The reaction rate can be defined thusly:
- rate of disappearance of A \[\text{rate}=-\dfrac{\Delta[A]}{\Delta{t}}\]
- rate of disappearance of B \[\text{rate}=-\dfrac{\Delta[B]}{\Delta{t}}\]
- rate of formation of C \[\text{rate}=\dfrac{\Delta[C]}{\Delta{t}}\]
- rate of formation of D) \[\text{rate}=\dfrac{\Delta[D]}{\Delta{t}}\]
There are many factors that can either slow or speed up the rate of a chemical reaction such as temperature, pressure, concentration, and catalysts. The Rate of a Chemical Reaction is always positive. It can be confusing since the Rate of Disappearance is negative, however when you think about it, a rate should never be negative since the rate is describing how fast the concentration changes with time. The units for the rate is Molarity per Seconds (M/s).
Reaction Rates from Non-unity Stoichiometric Coefficients
It does not matter whether an experimenter monitors the reagents or products. However, since reagents decrease during reaction, and products increase, there is a sign difference between the two rates. Reagent concentration decreases as the reaction proceeds, giving a negative number for the change in concentration. The products, on the other hand, increase concentration with time, giving a positive number. Since the convention is to express the rate of reaction as a positive number, to solve a problem, set the overall rate of the reaction equal to the negative of a reagent's disappearing rate.
The overall rate also depends on stoichiometric coefficients; consider the more general balanced equation
\(aA+bB \rightarrow cC + dD\),
where the lower case letters represent the coefficients of the balanced equation and the upper case letters (i.e. A) represent the molecular concentration. As with the example above, the rate of reaction can be defined with respect to loss of reactants or gain of products:
- Rate of Disappearance of reactants: \[ - \dfrac{1}{a}\dfrac{\Delta [A]}{\Delta t} = - \dfrac{1}{b}\dfrac{\Delta [B]}{\Delta t} \]
- Rate of Formation of product: \[ \dfrac{1}{c}\dfrac{\Delta [C]}{\Delta t} = \dfrac{1}{d}\dfrac{\Delta [D]}{\Delta t}\]
Since Rate of Disappearance and Rate of Formation are equal
\( - \dfrac{1}{a}\dfrac{\Delta [A]}{\Delta t} = - \dfrac{1}{b}\dfrac{\Delta [B]}{\Delta t} = \dfrac{1}{c}\dfrac{\Delta [C]}{\Delta t} = \dfrac{1}{d}\dfrac{\Delta [D]}{\Delta t}\)
It is worth noting that the process of measuring the concentration can be greatly simplified by taking advantage of the different physical or chemical properties (i.e.: phase difference, reduction potential, etc.) of the reagents or products involved in the reaction by using the above methods. We have emphasized the importance of taking the sign of the reaction into account in order to get a positive reaction rate. Now, we will turn our attention to the importance of stoichiometric coefficients.
Even though the concentrations of A, B, C and D may all change at different rates, there is only one average rate of reaction. To get this unique rate, choose any one rate and divide it by the stoichiometric coefficient. When the reaction has the formula:
\[C_{R1}R_1 + \dots + C_{Rn}R_n \rightarrow C_{P1}P_1 + \dots + C_{Pn}P_n\]
The general case of the unique average rate of reaction has the form:
rate of reaction = \( - \dfrac{1}{C_{R1}}\dfrac{\Delta [R_1]}{\Delta t} = \dots = - \dfrac{1}{C_{Rn}}\dfrac{\Delta [R_n]}{\Delta t} = \dfrac{1}{C_{P1}}\dfrac{\Delta [P_1]}{\Delta t} = \dots = \dfrac{1}{C_{Pn}}\dfrac{\Delta [P_n]}{\Delta t}\)
For the reaction: \[2A+B \rightarrow 2C + D\]
- find the reaction rate and
- find the reaction rate
given \( \Delta [A] = 0.002,M\) and \( \Delta t = 77\, s\).
- rate of reaction = \[ - \dfrac{1}{2}\dfrac{\Delta [A]}{\Delta t} = - \dfrac{\Delta [B]}{\Delta t} = \dfrac{1}{2}\dfrac{\Delta [C]}{\Delta t} =\dfrac{\Delta [D]}{\Delta t}\]
- rate of disappearance of A = \( - \dfrac{\Delta [A]}{\Delta t} = \dfrac{-0.002M }{\ 77 sec}\) = -0.000026 M per sec
rate of reaction = \(- \dfrac{1}{a} \) (rate of disappearance of A)= \( - \dfrac{1}{2}\) (-0.000026 M per sec) = 0.000013 M per sec
Average and Instantaneous Reaction Rate
Reaction rates have the general form of (change of concentration / change of time). There are two types of reaction rates. One is called the average rate of reaction, often denoted by (Δ[conc.] / Δt), while the other is referred to as the instantaneous rate of reaction, denoted as either:
\[ \lim_{\Delta t \rightarrow 0} \dfrac{\Delta [concentration]}{\Delta t} \]
which is the definition of the derivative
\[ \dfrac{d [concentration]}{dt} \]
The average rate of reaction, as the name suggests, is an average rate, obtained by taking the change in concentration over a time period, for example: -0.3 M / 15 minutes. This is an approximation of the reaction rate in the interval; it does not necessarily mean that the reaction has this specific rate throughout the time interval or even at any instant during that time. The instantaneous rate of reaction, on the other hand, depicts a more accurate value. The instantaneous rate of reaction is defined as the change in concentration of an infinitely small time interval, expressed as the limit or derivative expression above. Instantaneous rate can be obtained from the experimental data by first graphing the concentration of a system as function of time, and then finding the slope of the tangent line at a specific point which corresponds to a time of interest. Alternatively, experimenters can measure the change in concentration over a very small time period two or more times to get an average rate close to that of the instantaneous rate. The reaction rate for that time is determined from the slope of the tangent lines.
Outside links
- http://en.wikipedia.org/wiki/Reaction_rate
- http://www.chm.davidson.edu/vce/kinetics/ReactionRates.html(this website lets you play around with reaction rates and will help your understanding)
- http://goldbook.iupac.org/R05156.html
- http://www.youtube.com/watch?v=FfoQsZa8F1c YouTube video of a very fast exothermic reaction.
- Petrucci et al. General Chemistry: Principles & Modern Applications, 9th Edition. New Jersey: Prentice-Hall Inc., 2007.
- Connors, Kenneth. Chemical Kinetics: The Study of Reaction Rates in Solution. New York City: VCH Publishers, Inc., 1990.
- Consider the reaction \(2A + B \longrightarrow C\). The concentration of [A] is 0.54321M and the rate of reaction is \(3.45 \times 10^{-6} M/s\). What Concentration will [A] be 3 minutes later?
- Consider the reaction \(A + B \longrightarrow C\). The rate of reaction is 1.23*10-4. [A] will go from a 0.4321 M to a 0.4444 M concentration in what length of time?
- Write the rate of the chemical reaction with respect to the variables for the given equation. \[2A+3B \rightarrow C+2D\]
- True or False: The Average Rate and Instantaneous Rate are equal to each other.
- How is the rate of formation of a product related to the rates of the disappearance of reactants.
- Albert Law, Victoria Blanchard, Donald Le


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Welcome to Watch List, where we identify five things this weekend that may possibly be worth breaking out of the halfway house for. LET'S GO!
WINTER OLYMPICS OPENING CEREMONIES – 7:30PM Tonight (NBC)
The last time the Olympics were here, it was 2008, and the Beijing Summer Games announced to the world China's final ascent to global economic and cultural superpower. The Beijing Opening Ceremonies demonstrated to billions of people that China's period of isolationism is over, and that they are now ready, after centuries in self-exile, to assume the world stage. This year's Winter Olympics are in Vancouver, and they will be a stage to show the world that Canada is… uh… still doing just super. I know a lot of cynics out there, like me, like to goof on the Olympics. But let's be honest, these things are a lifesaver. They come during the absolute deadest time of the sports calendar, during the crummiest months of the year. This will get us through until March Madness. ANTICIPATION: GOLD.
CELEBRITY REHAB WITH DR. DREW – 8PM tonight (VH1)
Gary Busey is one of the patients this season. And thank goodness for him. If you ever feel like YOU have a substance abuse problem, just take a look at Gary Busey. You aren't the bottom of the barrel, dear reader. Isn't that nice to know? By the way, even if Gary Busey is cured of substance abuse, I don't quite know how you cure his, you know, unbridled lunacy. ANTICIPATION: BUZZING WITH EXCITEMENT
JOHN OLIVER'S NEW YORK STAND UP SHOW – 10PM (Comedy Central)
Greg Fitzsimmons appears tonight. Greg Fitzsimmons is awesome. Also performing will be Chloe from "24." Really? She's a comedian? Well, okay. If you say so. ANTICIPATION: MAKE ME LUAGH, LAUGH MONKEYS!
THE SIMPSONS – 8pm Sunday (FOX)
Homer makes the Olympics, in a tie-in that makes little sense given that the Olympic rights are not owned by FOX. But hey, who am I to quibble? ANTICIPATION: BEST. 254TH SEASON EPISODE. EVER?
CASABLANCA - 8PM Sunday(TCM)
It's the greatest movie ever, and not just because a bunch of film snobs love studying the composition and stuff. No, it's legitimately the most entertaining movie ever made. The plot is interesting. The dialogue is perfect. Disagree. Well, frankly my dear, I don't give a DAMN! Ha ha ha! Wait. That's from another film, isn't it? Oops. ANTICIPATION: INSIDES KICKED OUT
Weekend Watch List: Vancouver Games, Rehab and Laughs
Welcome to Watch List, where we identify five things this weekend that may possibly be worth breaking out of the halfway house for. LET'S GO!


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Contrary to recent rumors, Sony Europe has denied that a 120GB PS3 is in the works. Here is the word straight from the horse's mouth.
"We do not currently have any plans to release a 120GB PlayStation 3 in the UK."
But what about outside of the UK? What about a 160GB PS3? Maybe there is still hope. [Ubergizmo]


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Vienna(VIE)toSan Diego(SAN)
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Delivery & Returns Procedure
Once your corporate logo is approved, our standard lead times are 7 – 10 working days from receipt of an official order. Please let us know if you require your order sooner as we can offer an emergency service within 24 - 48 hours.
For high volume bulk orders then a delivery lead time will be agreed at the point of order.
If you order per wearer then we will send your order in person-packs with the wearer's name clearly marked on the package – this will ensure that you can easily distribute your consignment with the minimum of handling. There is no additional cost for the person packing.
Otherwise, your order will be packed by size by garment.
We use national couriers to distribute all of our deliveries which normally guarantee next working day delivery. All deliveries will require a signature from the consignee and if nobody is available to sign for the goods then a card will be left with the couriers phone number on to arrange a suitable time for re-delivery or collection from the local courier depot.
If there is no response on the second attempted delivery then the goods will be returned to us. In this event we would pass on any return and re-delivery carriage costs to the consignee.
All clothing is packed in clear plastic bags and then in either heavy gauge delivery bags or cardboard boxes. You should therefore receive your order in perfect condition. If not then please follow the Returns Procedure below.
Should there be any shortages on any orders then these will be highlighted on the accompanying paperwork.
Carriage is charged at cost but is free of charge on orders over £250 (excl. VAT).
For orders under £250, carriage will be charged at £9.95 plus VAT within Mainland UK. For deliveries outside of Mainland UK please call us.
Returns ProcedureIf, in the unlikely event that any of the goods are damaged in transit or there is a quality issue with any item, then you must return these items to the address below.
If any items are ordered incorrectly or the incorrect size is ordered then it is the responsibility of the consignee to return the items at their cost. Embroidered or heat sealed items cannot be returned unless there is a fault with the item.
If the return is due to a manufacturing fault or an incorrect size being sent then it is our responsibility to meet any return and replacement costs.
Any ill-fitting non-embroidered items MUST be returned in the original packing and in AS-NEW, UNWORN condition. Any items returned for exchange which are not in as-new, re-saleable condition will be returned and no credit or exchange will be issued.


text: The new Quinny Moodd is poetry in motion. This ultra modern and complete stroller system offers the flexibility to get the most out of your day, everyday. It's easy to fold for compact transportation and at the push of a button, it automatically unfolds in seconds. Adaptable, complete and stylish, you'll always be able to go wherever the Quinny Moodd takes you, your way.


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If you have forgotten your PIN, please contact our Contact Center at 919-420-8000 that is available 24 hours a day for assistance. Representatives are available 7 days a week, 24 hours a day. Or you may send an email to email@example.com. Once we receive your request we will send the PIN to you in the mail.
Reordering checks couldn't be easier! You have a few ways to reorder your personal checks if you do not plan to make any additional changes with your name, address, or phone numbers.
You may reorder checks directly within Digital Banking, simply choose ""Order Checks"" from the Accounts Summary. You may also visit https://orderpoint.deluxe.com/personal-checks/home.htm. You may also call 877-838-5287 or stop by a branch location and speak to a representative.
If you would like to make changes to your checks (address, phone, etc.), please log in to Digital Banking to update your contact information by clicking the Account Services icon. Once the changes have been made, simply choose "Order Checks" from the Accounts Summary.
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Bras to Bling DC's Fashion Retailers Fight for the Cure | News
WASHINGTON, DC (WUSA)-- Oh My GOFF! Angie Goff reports on how Key to the Cure and CHARM's Shopping and Champagne are fighting for a fantastic cause.
PHOTOS: Key to the Cure 2010
Local fashionistas shopped till they dropped to raise money and awareness for breast cancer research and more. Survivor models graced the runway during the Belafigura fashion show that kicked off the annual Key to the Cure event at SAKS 5th Avenue in Chevy Chase. The event benefits Womens Cancer programs at Suburban Hospital.
Designer Minno Mobin-Ventura, a 6-year kidney cancer survivor herself, donated a piece from her collection to each model.
Breaking out the bling for breast cancer, Charm in Georgetown decided to do their part. The shop held a champagne and shopping event, complete with Georgetown Cupcake. 10% of all jewelry purchases that day went to the Susan G. Komen foundation. Store owner Jaclyn Mason says customers were honored to donate to the cause.
Report for 9NEWS: Enlist in Angie's Army and help cover the news from where you live. Send her pictures, video (youtube, vimeo) and events and she'll do her best to share online and on-air during the 9NEWS Morning Show. Join her on her blog, twitter and facebook page too!


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You are here: Home ‹ Board index ‹ Movie Discussion ‹ All Other/Older Movies ‹ (2008) Yes Man
"Yes Man" DVD/Blu-ray - April 7, 2009
Discuss this movie. Available on DVD and Blu-ray.
And here are the artwork for the two DVD releases of "Yes Man":
Jim Carrey Movies/Series/Books in 2019:
Sonic the Hedgehog, Kidding (Season 2) and Untitled novel
Join Jim Carrey Online on Facebook, Twitter, YouTube, Instagram, VK and Snapchat
It's way better, but still not great. I don't get it ... the poster even was among the 10 greatest of the year (chosen by Yahoo Movies) and won 'Funniest of the Year' on different sites. Just use that one then. And the original poster on the motorcycle is way better.
This is just a poor photoshop ... thing. Can I do better? Wouldn't say that, but hell, I'm not getting paid for that job either. Nope, I think it's lazy.
Because it only makes people more picky about the picture quality on DVD's that are not bad at all. It's a pain in the ass for collectors like me when a new format comes out. I had about 250 VHS tapes, which I had to get rid off and start all over again since they stopped making them. Now I have about 400 DVD's, and I can't bare to get rid of them just to settle into this ridiculous hype that is Bluray.
Oh,so the picture and sound on a blue ray disk is not better than that of a dvd?
Bah hum bug!!!!
Did I ever say that?
Actually I was asking.
Bah hum bug!!!!
Well, that's like asking a blind man if he can see anything
The quality of Blue-Ray is (in most of the cases) better than DVD. That's a fact. Sound and vision have more quality with BR. However ... if you don't have the right material (I mean, HD-televisionscreen, or sound-system) it won't make any difference. Blue-ray doesn't look more sharp when you watch it on the same regular TV.
I love movies, I collect movies, I see at least 60 movies in the theatre every year. But for me there's no reason to leave DVD and step up to Blue-Ray ... simply because the difference between the two of them is not big enough, imo.
If even moviegoers are not thát convinced to spend so much money on it, why should "regular" people do? The companies see that. So, what are they doing now (it's happening in Europe, don't know about USA), some companies spend less attention on DVD, it's not that sharp, not a lot of extra's, no decent soundsquality ... so people get sick of it and actually buy BR instead. That sucks.
* Sorry for the poor English.
Yeah Blu Ray is a lot better. I'm just wanting to get one before they stop making DVD's. To be honest, I don't really care which one (DVD or Blu Ray) that I'm watching.
You can't play a Blu Ray disc on a DVD player. The good thing is you can play DVD's on a Blu Ray player but it just will have the same quality as a DVD.
To God, every living being is beautiful... Except for you.
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Radishes With Avocado Dip From 'The VB6 Cookbook'
I tend to think of any dip or spread involving mashed avocado as enhanced guacamole. This avocado dip in Mark Bittman's new VB6 Cookbook is no exception—and that's not a bad thing. Loaded up with tomatillos, cilantro, lime juice, jalapeños, and a bit of silken tofu for even more creamy texture, this vibrant snack still has the heartbeat of my favorite chip-topper. Bittman continues to give the snack a makeover by suggesting that we use radishes in lieu of less-healthy tortilla chips. While the radishes may seem like a concession, they're actually a brilliant vessel for the dip, since they add fresh spiciness and ultra crisp texture to each bite.
Why I picked this recipe: Bittman had me at the word avocado.
What worked: Consider me a radish+dip convert.
What didn't: If you have anything less than a high-powered blender, I'd suggest making the dip in a food processor. There's not much liquid here to keep old-school blenders happy.
Suggested tweaks: I'm not convinced that you really need the silken tofu here. Yes, it adds some belly-filling protein, but I'm sure the dip would be just as satisfying without it. Plus, I think it's annoying to use such a small portion of the package.
Reprinted with permission from The VB6 Cookbook: More than 350 Recipes for Healthy Vegan Meals All Day and Delicious Flexitarian Dinners at Night by Mark Bittman. Copyright 2014. Published by Clarkson Potter, a division of Random House. All rights reserved. Available wherever books are sold.
What's New On Serious Eats
- Yield:serves 4
- Active time: 15 minutes
- Total time:15 minutes
- 2 pounds radishes, preferably with greens attached
- 1 large avocado, halved and pitted
- 2 ounces silken tofu (1/4 cup)
- 1 small bunch fresh cilantro, tender stems and leaves
- 1 garlic clove, smashed
- 1 tablespoon fresh lime juice
- 1 fresh hot chile (like jalapeño), seeded
- 5 or 6 tomatillos, husks removed
- 1/2 teaspoon salt
Scrub the radishes well and trim off the bottoms and greens, leaving about 1 inch of the stems attached if you're using whole radishes so there's something to hold when you dip. Put them in the fridge to chill.
Scoop the avocado flesh into a blender and add the tofu, cilantro, garlic, lime juice, chile, tomatillos, and salt in a blender; puree until smooth, stopping to scrape down the sides of the container as needed. Taste and adjust the seasoning.
To serve, transfer the mixture to a shallow bowl and serve with the radishes on the side.
Variations: Charred Tomatillo Dip
Before blending the ingredients, turn on the broiler and set the rack 4 inches from the heat source. Broil the tomatillos, garlic, and jalapeño for a few minutes, turning once, until charred. Remove the garlic as soon as it's toasted to avoid a bitter taste. Let the ingredients cool, then proceed with the recipe.
Spinach-Avocado Dip
Put 1 tablespoon olive oil in a skillet over medium-high heat. Add the garlic, minced instead, and 2 cups of spinach; sauté until wilted. Remove the spinach and garlic from the pan and let cool. Substitute lemon juice for the lime juice and skip the jalapeño and cilantro. Top with chopped tomatoes and scallions.
Curried Mango Dip
Use a mango instead of the avocado and add 2 teaspoons curry powder to the blender before pureeing. Serve with the radishes or with cucumber spears.
More Ideas: Other options for dippers: carrot, celery, kohlrabi, or jícama sticks.
All products linked here have been independently selected by our editors. We may earn a commission on purchases, as described in our affiliate policy.


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You are my Sunshine
We all know the song, the saying and who our little sunshine is. And here's a great way to tell them.
SMALL 5.5" wide x 8" high
MEDIUM 11.5" wide x 17.5" high
LARGE 17.5" wide x 23.5" high
Material Details:
Cut from sturdy, carpenter-grade 1/4" birch plywood and hand-painted, this bit of decor brightens up any wall.
Drilled with two leveled holes for easy hanging. It ships with two aluminum topped push pins.
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I made this for a friend who wanted a sign over her door to remind her children to be kind throughout their days. I liked it so much, I put...
It All Comes Out In The Wash
Rub-a-dub, y'all. Hit the reset button with a long sudsy wash - your clothes, your body, the dishes... I developed this sign with Rhoda M. Vickers, the visionary behind Southern...


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Unofficial Opinion 95-7
Judge, Superior Court
Douglas Judicial Circuit
Petitions for relief under the Family Violence Act and petitions for divorce may be combined in one action; however, the procedures governing the divorce action must comply with the Civil Practice Act. Furthermore, the filing fees for such a combination action would be governed by the general civil action filing fees provisions; only if a petition for relief under the Family Violence Act is filed separately would the unique lesser filing fee in O.C.G.A. § 19-13-3(a) be applicable.
This is in response to your request for my opinion as to whether petitions seeking protective orders under the Family Violence Act and divorce petitions may be combined in the same action and, if so, whether separate filing fees and other treatment should be accorded each petition by the clerk of the superior court.
In the Family Violence Act, O.C.G.A. § 19-13-1 et seq., the General Assembly established a system for providing quick, temporary relief for the protection of victims of family violence (battery, assault, stalking, criminal damage to property, unlawful restraint or criminal trespass). Upon the filing of a verified petition alleging specific facts showing probable cause for the existence of family violence, the court may order such temporary relief ex parte as it deems necessary to protect the victims. O.C.G.A. § 19-13-3(b). Within ten days of the filing of the petition, or as soon as possible thereafter, a hearing must be held in which the allegations of the petition must be proven by a preponderance of the evidence. If such a hearing is not held within thirty days, the petition stands dismissed unless the parties agree otherwise. O.C.G.A. § 19-13-3(c). Any protective orders granted under the Family Violence Act remain in effect only six months unless, upon motion and after notice and a hearing, the court converts a temporary order to a permanent one. O.C.G.A. § 19-13-4. Because of these specific provisions for ex parte orders and short response times, the Family Violence Act is a special statutory proceeding rather than a regular civil action.
The Civil Practice Act [CPA] provides that "[t]his chapter governs the procedure in all courts of record of this state in all actions of a civil nature whether cognizable as cases at law or in equity, with the exceptions stated in Code Section 9-11-81." O.C.G.A. § 9-11-1. Code § 9-11-81, in turn, states that the CPA "shall apply to all special statutory proceedings except to the extent that specific rules of practice and procedure in conflict herewith are expressly prescribed by law." Such special statutory proceedings are the only exceptions to the practice and procedure prescribed by the CPA permitted in courts of record. Gresham v. Symmers, 227 Ga. 616, 617 (1971).
As noted above, abbreviated procedures are specifically outlined in the Family Violence Act; therefore, the CPA would not apply in that instance. Moreover, even to the extent that other procedural provisions, for example, those pertaining to service, are not specifically provided, the CPA's service requirements still need not be applied to Family Violence Act proceedings because the latter is not a civil action in the ordinary meaning of the term. Vlass v. Security Pac. Nat'l Bank, 263 Ga. 296, 297 (1993) (service provisions of O.C.G.A. § 9-11-4 not applicable in a foreclosure confirmation proceeding, a special statutory proceeding which is not a civil action initiated by the filing of a complaint). Of course, if the CPA service provisions were used, they would be sufficient. O.C.G.A. § 9-11-4(j).
The filing of a petition for divorce on the other hand, initiates equitable proceedings which are governed by the Civil Practice Act. Allen v. Allen, 260 Ga. 777, 778 (1991); Ivey v. Ivey, 233 Ga. 45 (1974). You have indicated that there have been problems in your circuit with attorneys in divorce cases including family violence allegations in their pleadings merely to get an expedited hearing on the underlying divorce. Under the following authorities, such expedited hearings normally should be held only on the allegations under the Family Violence Act.
Although there are no cases specifically addressing the question of whether family violence petitions and divorce petitions may be combined in one action, the Georgia Supreme Court has answered that question in the affirmative with regard to the combination of a special statutory procedure under the Personal Property Foreclosure Act (O.C.G.A. § 44-14-230 [former Ga. Code Ann. § 67-701]), with a common law action for a money judgment on a debt. The Supreme Court agreed with the Court of Appeals that, since the "creditor could have brought separate actions to foreclose the security interest and on the indebtedness, . . . both remedies could be sought in the same action." Porter v. Midland-Guardian Co., 242 Ga. 1, 2 (1978). However, in so ruling, the Court issued a strong caveat that a claim for the indebtedness, whether filed in a separate action or in the same action as a foreclosure proceeding . . . must stand or fall upon the principles set forth in the Civil Practice Act, including, but not limited to, process and service of process, and may not be "piggy-backed" into court using the special rules applicable to foreclosure actions . . . .
Id. at 2-3 (citation omitted). A similar position was taken by the Court in Superior Rigging & Erecting Co. v. World of Sid & Marty Krofft, 149 Ga. App. 95, 96 (1979), where the plaintiff was attempting to assert its claims in a proceeding which resembled both a civil action for debt and an action for a writ of possession pursuant to a special statutory proceeding. However, the requirement that a defendant file an answer within seven days of service of a summons under the special statutory procedure did not satisfy the procedural requisites of a civil action in debt; consequently, the issuance of a money judgment was not authorized.
Therefore, based on these analogous authorities, it would appear that a person could file a petition for relief under the Family Violence Act either separately or in combination with a petition for divorce. However, the divorce portion of the proceeding must comply with the principles set forth in the CPA and may not be "piggy-backed" into court using the special abbreviated rules under the Family Violence Act. Thus, although the Family Violence Act allows the court to take certain ex parte measures to protect one spouse and the children from the violence of the other spouse, the granting of a divorce between the two spouses would be contingent upon compliance with, inter alia, all of the provisions of the CPA. Porter, supra; Superior Rigging, supra. The practical application of the Porter rationale, therefore, would seem to require the superior court clerk to cause a separate summons, in full compliance with the CPA, to be issued for that portion of the complaint seeking a divorce.
You have raised another question with respect to the amount of fees to be charged in such a hybrid case. This office has previously opined that the various amendments to O.C.G.A. § 15-6-77, regarding fees in civil actions, did not repeal the earlier specific $16.00 filing fee for Family Violence proceedings imposed by O.C.G.A. § 19-13-3(a). 1988 Op. Att'y Gen. U88-11. Therefore, if a person files only a petition under the Family Violence Act, the filing fee would remain $16.00, plus the other incidental service charges discussed in Op. Att'y Gen. U88-11. However, if a Family Violence Act petition is combined with a regular civil action for divorce, the larger filing fee, to compensate the clerk for the additional duties involved in the larger action, would be fixed by the terms of O.C.G.A. § 15-6-77 (currently a total of $58.00) together with any additional fees provided in O.C.G.A. §§ 15-6-77.1 through 15-6-77.4 or subsequent amendments, where applicable.
Therefore, based on the foregoing discussion, it is my unofficial opinion that petitions for relief under the Family Violence Act and petitions for divorce may be combined in one action; however, the procedures governing the divorce action must comply with the Civil Practice Act. Furthermore, the filing fees for such a combination action would be governed by the general civil action filing fees provisions; only if a petition for relief under the Family Violence Act is filed separately would the unique lesser filing fee of $16.00 in O.C.G.A. § 19-13-3 be applicable.
Prepared by:
Senior Assistant Attorney General


text: Hi, just wondering if anyone has installed Gentoo Portage for OS X successfully, and does it allow for any security enhancements? From what I can tell, it's just a proof of concept thing that's not actually finished. I can't seem to find a good set of instructions for doing it. Also, curious as to how it interacts with OS X.