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|16 May 2012
worrd 2007 only opening old files, not open revised files
My wife has Windows 7 home premium x64 on her laptop and is using Word 2007. The problem she is having is she will open a word file, change it up, save it, then re-open it later and its the old file not the new one. Where as I can open the edited file on my desktop running the same OS but with Word 2010 and the file that opens for me is the newest version. Anyone have ANY idea why this is happening? I would really like to resolve this issue.
|My System Specs
|16 May 2012
that's just bizarre. You're saying that she will make change to a document, then try to open it, and changes are gone on HER laptop , but you open the very same document from another computer with 2010, you can see it? WTF??
1) Does this happen on a fresh blank doc file?
2) Is she saving to network drive or other removable drive of any sort?
3) Does she have compatibility pack for 2007 install in programs and features? (normally this can be removed if present)
4) what if she tries to save as a word 2003 file?
5) Have you run office repair from programs and features?
6) Do you have legit version of office 07?
|My System Specs
|16 May 2012
1.Since it is a work related file it is done from a template, I use the same templates on my computer with no issues.
2. Yes she is saving to a network drive, but it is not a removable drive.
3. Yes compatibility pack is installed. That is the first thing I did once she started complaining about this problem.
4.haven't saved as a word 2003 file and not sure why we would want to.
5. No that hasn't occurred to me.
6. Yes it is legit.
|My System Specs
|16 May 2012
well the first thing to try is for her to test and a new document without any templates.
Next, try to saving locally rather than the network. I know you don't want to this but it is process of elimination.
Having 2007 with compatibility pack may be problematic but too late now because if you uninstall it now it can create even more problems like file association issues.
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Beringer Sparkling Red Moscato
Beringer - California - United States
The Muscat grape has been grown and cultivated for centuries all over Europe, and in more recent years has become something of a flagship varietal for many New World countries. It is widely admired for its versatility and for the fact that it can be successfully used for the production of many different styles and types of wine. In eastern and central Europe, it is most commonly associated with elegant sweet dessert wines, further west it is used for bright and strong dry white wines, and it is also famous for the superb sparkling wines it produces, full of elegant bubbles and a mineral-rich flavor which compliments its natural 'grapey' character. Muscat grapes are generally agreed to be one of the oldest varietals in the world, and this goes some way to explaining the seemingly vast differences the fruit shows in various parts of the world.
California as a wine producing region has grown in size and importance considerably over the past couple of centuries, and today is the proud producer of more than ninety percent of the United States' wines. Indeed, if California was a country, it would be the fourth largest producer of wine in the world, with a vast range of vineyards covering almost half a million acres. The secret to California's success as a wine region has a lot to do with the high quality of its soils, and the fact that it has an extensive Pacific coastline which perfectly tempers the blazing sunshine it experiences all year round. The winds coming off the ocean cool the vines, and the natural valleys and mountainsides which make up most of the state's wine regions make for ideal areas in which to cultivate a variety of high quality grapes.
Whilst there are several strains of native grape varietals in the United States, it was the introduction of the European species which prompted the country to begin producing wines on a large scale. Over the past few centuries, experimentation and cross-breeding has produced great successes in regards to the quality and suitability of the fruit grown in states such as California, Oregon, Washington and New York, and the past few decades have seen New World wines from the United States reach much higher standards. Arguably the finest United States wines have always come out of California, where the climate and terrroir is most suitable for fine wine production. The masterful blending of classic grape varietals such as Cabernet Sauvignon and Merlot, amongst others including Syrah and Chardonnay, have had world beating results in recent years, prompting many to suggest that there has never been a better time for buying and drinking United States wines.

subset: commoncrawl


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And for those of us who had or have fathers who were never really Dads,
For those who have dreaded this day for as long as we can remember,
For those who are reminded every year of what should have been, what could have been but hasn't.
The first thing that strikes you when looking atFrequencies is the scope of the project and the breadth of contributions it includes. The breadth of the essays is truly amazing—people, events, places, books, a CD, ideas. The project covers a lot of ground. And just for the pleasure of reading some of these essays, I'm grateful and moved.read more
Religion in Human Evolution is a work of extraordinary ambition—a wide-ranging, nuanced probing of our biological past to discover the kinds of lives that human beings have most often imagined were worth living. It offers what is frequently seen as a forbidden theory of the origin of religion that goes deep into evolution, especially but not exclusively cultural evolution.read more
Bellah's grand argument is complex but elegant: social cohesion constitutes, simultaneously, a functional mechanism for group survival and an incubator of more complex forms of social evolution; these various forms of social cohesion, in a certain evolutionary stage of social development, crystallized in institutional "religion"; religion became a generalized means of generating social capacities that increase in every new stage of cultural evolution; failing to develop such patterns (a very real possibility) means the neutralization of the evolutionary process itself; and religion, even in its most domineering forms, entails moral reflexivity and social criticism, based upon the crucial distinction between reciprocal hierarchies and brute exercise of domination.read more
Are you religious? Your answer will depend a lot on what your questioner meant by the concept of "religion" and how you view this concept.read more
An examination of Social Awakenment, History-Long Vision, Holistic Social Understanding & Strategies of Transformation as viewed by five United States citizens in 2011. Though vast changes are necessary, we believe humanity can find a vision and plan of action that is both satisfying and realistic. Our aim is to fertilize the fruitful imagination and courage it will require to walk this Road to Eco-Democracy.read more
This book is about coming home to Reality as movement from identification with our personality habits to identification with our essential Spirit nature of Trust, Love, and Freedom. The enneagram analysis of personalities is used to assist us in our Spirit journey. Also described is the role that community plays in the Christian nurture of our solitary journey. We recommend Jacob's Dream as both a devotional book for solitary time and a study book for small group life.read more
Why do we do religion? Religion appears in human life because every human being, even if not fully aware of it, lives in a land of mystery with rushing rivers of freedom, imposing mountains of care, and wild seas of tranquility. This land of mystery penetrates the land of ordinary living at every point. Awe is our experience of this ever-present Eternity.This book is about how the Awe that is happening in our everyday lives is key to understanding both the renewal of Christianity and the need for non-bigoted dialogue among all religions on Earth.read more
In The Watchman's Rattle, sociobiologist Rebecca Costa argues that civilizations collapse because they reach a cognitive threshold, a level of complexity that overwhelms the mental capacity of the population. A cognitive threshold occurs naturally in every society …read more
Whether you envision Jesus as an ascended master, a human teacher, or a mythic god-man, this remarkable book will introduce you to a Jesus who fits fully into the Pagan imagination.read more
On the eve of our flight to San Francisco so that I might serve as interim pastor in 2006, my late dog Calvin (himself an author) devoured most of a huge hardbound thousand-page concordance of the Bible. He ingested so many biblical references that he was still exegeting them on the grassy lawns of Park Merced for days after our arrival!read more
THE true story of the life of Jesus of Nazareth has never been unfolded to the world, either in the accepted Gospels or in the Apocrypha, although a few stray hints may be found in some of …read more


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Come late August or so, every year Major League Baseball sends off their upcoming World Series logo to teams in the playoff hunt and those respective teams print up their playoff tickets.
It's far too much confusion to print round-by-round tickets, so it's a one time thing. Teams print tickets to every game (Wild Card to World Series) and send them out to season ticket holders and later to anybody who purchases playoff tickets.
ESPN's Darren Rovell got his mitts on a few teams' tickets, namely the Los Angeles Dodgers, Pittsburgh Pirates and Cincinnati Reds as you can see below:
For the games that the team doesn't play, the buyer is eventually refunded, though paying upfront is a pretty large dent on your bank account.
Shockingly enough, the World Series tickets become relatively collectable, even if the said team doesn't make the Fall Classic as they can reach some pretty elevated amounts on eBay, especially during the first few weeks after elimination.
Major League Baseball didn't change up the logo too much this season, though, the tickets look really nice considering the lack of graphics.
Tags: Cincinnati Reds Los Angeles Dodgers MLB Pittsburgh Pirates


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- A mattress so supportive the only thing you feel is weightless.
- Tempur has been recognised by NASA for its application of space technology to improve life quality, and is the only mattress and pillow company licensed by the US Space Foundation to use the Certified Technology Seal.
3 results
Tempur Original Deluxe 22 & Savoy Divan Bed - Medium Firm - Pebble3'0 Single £1,329
Tempur Cloud Deluxe 22 & Savoy Divan Bed - Pebble - Medium3'0 Single £1,329
Tempur Sensation Deluxe 22 & Savoy Ottoman - Mocha - Firm3'0 Single £1,529
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- ✔Exclusive "App-Only" discounts
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Instant "Members Only" Coupon Codes Emailed NOW When You Sign Up for FREE Membership!
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Just click the link to complete your subscription and receive your coupon codes.
Popular Destinations
- Mexico
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With a stay at Donghu Guest House, you'll be centrally located in Shanghai, convenient to Shanghai Museum of Arts and Crafts and Jing An Temple. This hotel is within close proximity of French Concession and Shanghai Exhibition Center. Read More About Donghu Guest House
- 1 king
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- Get technical support for this product
Grant Writing For Dummies, 5th Edition
This price is valid for United States. Change location to view local pricing and availability.
Read an ExcerptDownload Acrobat
Table of Contents
Author Information
Related Websites
Part I: Getting Started with Grant Writing 5
Chapter 1: Grant Writing 101 7
Chapter 2: Thinking Strategically to Improve Your Odds of Success 21
Chapter 3: Arming Yourself with the Knowledge of What Funders Want 33
Part II: Digging Up Grant Funding Opportunities 45
Chapter 4: Investigating the Government Options 47
Chapter 5: Exploring Grantsgov 59
Chapter 6: Researching Potential Private Sector Funders 73
Chapter 7: Finding Grant Monies for Individuals and Businesses 87
Chapter 8: Seeking Funds for International Projects 95
Part III: Maximizing Your Chances of Scoring a Grant Award 101
Chapter 9: Assessing Federal Grant Opportunities for Your Agency 103
Chapter 10: Peering into the Peer Review Process 117
Chapter 11: Selling Your Grant Application with Storytelling 133
Part IV: Writing to Win 143
Chapter 12: Providing Supporting Documentation 145
Chapter 13: Documenting Your Organization's History and Capabilities 161
Chapter 14: Building a Strong Statement of Need 173
Chapter 15: Presenting the Program Design Section: The Core of Your Application 183
Chapter 16: Managing the Management and Assets 205
Chapter 17: Connecting the Solutions to the Budget Request Line Items 217
Part V: Submitting Your Application and Navigating What Comes Next 239
Chapter 18: Checking the Checklist and the Content 241
Chapter 19: Taking the Necessary Steps after Applying 255
Chapter 20: Moving Forward after a Win or a Rejection 263
Chapter 21: Securing Matching Funds and Other Goodies from Corporations 273
Part VI: The Part of Tens 281
Chapter 22: Ten Reputation-Building Tricks 283
Chapter 23: Ten Ways to Prove You're an Ethical Grant Writer 289
Chapter 24: Ten Ways to Secure Peer Review Opportunities 293
Index 299
- Get technical support for this product


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Afrobeats In Da City (also known as Afrobeats City) is an Afrobeats website providing Afrobeats and World Music Lovers with the latest Music, Videos and News from African artists around the world. As well as promoting African Music Afrobeats In Da City explores other aspects of life related to Africa such as; Fashion, Film, Arts and Culture allowing people to see and experience the amazing sounds and talents from Africa. This is also done by featuring events, interviews and reviews.
With the exceptional growth of African music outside of Africa over the last two years, in the UK alone we have seen many popular African artists performing in established music venues, Afrobeats being played on many mainstream radios and being featured in top newspapers and magazines as well as having artists such as D'Banj and Fuse ODG having singles in the Top 10 UK National Music Chart, Plus many more. It is no longer only receiving the recognition it deserves within Africa but also with the UK, America and various other countries.
There has also been more UK based African Artists producing their own African inspired sounds. With a passion for home grown music, Afrobeats In Da City is a big fan of UK based African Music and this website is a platform for UK based African artists to showcase their talent and deliver it to the rest of the world.
No one can predict how much big Afrobeats outside of Africa is about to become but we think it is fair to say that Afrobeats is about to explode a lot further so stay tuned to Afrobeats In Da City for all the latest.
If you are an up & coming Singer, Rapper, Producer, Director or DJ making Afrobeats we would love to hear from you and feature you on Afrobeats In Da City. Please contact us at: firstname.lastname@example.com
If you would like to find out more about Afrobeats In Da City, Marketing and Advertising Opportunities or you would like us to do a feature on your event, please also contact us at: firstname.lastname@example.com
Keep connected with us on the following social media sites:
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Official partners of the Afro-Breakers chart (Nigerian Watch) along side; We Plug Good Music, Strictly Entertainment Music DLA Live and Lex51 Records - www.nigerianwatch.com
Check out Afrobeats In Da City on Conversation About Her (Sister Blog to We Plug Good Music) blogging the latest African Music and Videos – www.conversationsabouther.net
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Remember: African Music Is Not A Phase, Its Part Of A Lifestyle
Disclaimer: All videos, audios and images belong to their rightful owners unless stated that they are owned by "Afrobeats In Da City". They are posted here for PROMOTIONAL PURPOSES only. If you own the rights to any of these videos, audios and images and don't wish for them to appear on the site please contact us, and they will be promptly removed. Thank you


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According to the Appleton (Wis.) Post-Crescent, a Wisconsin city has hired seismologists to determine the cause of mysterious loud booms that have occurred over the past several days.
The firm will place seismometers around the city of Clintonville in an effort to locate where the sounds are coming from, according to the Post-Crescent. The noises have been described as sounding like thunder, according to the report.
Read the Post-Crescent story HERE.


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Apricot-Glazed Apple Kuchen
- Yield 8 servings
Though a classic Kuchen is made with yeast and can be tricky to prepare, this press-in-the-pan dough is a pastry anyone can tackle.
For novice bakers who are hesitant about rolling out pastry, this foolproof press-in-the-pan dough is a lifesaver.
- 1 1/2 cups all-purpose flour
- 1/2 teaspoon baking powder
- 1/2 cup unsalted butter, softened
- 3/4 cup plus 1 tablespoon sugar, divided
- 1 egg
- 1/2 teaspoon vanilla
- 4 cups thinly sliced, peeled apples
- 2 teaspoons lemon juice
- 1/2 teaspoon ground cinnamon
- 1/2 cup apricot preserves
- 1 1/2 tablespoons toasted slivered almonds
- Whipped cream
- Preheat oven to 350F. Grease a 10-inch tart pan with a removable bottom.
- Sift flour and baking powder onto a piece of waxed or parchment paper. Beat butter, 3/4 cup sugar, egg and vanilla until blended. Gradually add flour mixture and beat evenly blended. Transfer to tart pan; with lightly floured fingers, press evenly on bottom and sides of pan.
- Toss apples with lemon juice in a large bowl. Arrange apples overlapping in concentric circles in pan. Combine the remaining 1 tablespoon sugar and cinnamon; sprinkle over apples. Bake 35 to 40 minutes or until crust is golden brown. Cool on a wire rack.
- Melt preserves in a small saucepan over medium heat or in the microwave on HIGH, stirring at 30-second intervals. Brush over apples and sprinkle almonds in a circle around edge. Serve with whipped cream.


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~Emergency care during clinic hours.
~In-house general surgery during clinic hours (appointments made for specialist surgeons).
~Veterinarians with special interests and graduate training includes birds, exotics, fish, reptiles and pocket pets' special medical and surgical needs. ~Highest quality of prescription and specialty foods sold and used here.
~Highest quality prescription medications and supplies.
~Full dental care including extractions and other surgical remedies. (Anesthesia-free dental is also offered for those clients that can't tolerate anesthesia or upon personal preference)
~We offer many in-house laboratory and diagnostic services for your convenience which in-turn produce timely results so that Animal Central can begin appropriate treatment right away.
~We are committed to educating our clients on the condition of their pets so that they can make the most informed decisions about their animals' care plan.
~We network with various rescue agencies so that each animal gets a chance at a new beginning when needed.
~Euthanasia (when appropriate for medical reasons) along with euthanasia after care isperformed by only skilled and loving doctors and nurses. We are all pet owners here too and have the greatest respect and sympathy for you and your terminally ill loved one.
~Donation of services and health care products to our community's rescue organizations because:
"Taking care of animals is an important part of my vision for a better world," says Dr. Stroberg, DVM and owner.
Visitation for Hospitalized Patients:
We want to be able to spend time with you and answer all of the questions and concerns you may have. Please make an appointment with one of our helpful Client Assistant's at a time that's convenient for you and we'll make sure that you have time with the veterinary technician taking care of your loved one. In order to avoid over stimulation of your pet please limit your visit to 2 family members. We welcome children, but please make sure it won't upset your child to see your loved one ill. For the safety of your children they must stay close by your side at all times. Lastly, please limit your visit to around 15 minutes. It would be helpful to you to prepare your questions in advance so you don't forget to ask something important.
Dr. Stroberg conducting surgery
"We treat your pets well"
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WorldStage uses WATCHOUT with new Broadway Musical âBareâ iPhone app
Entertainment technology providers, WorldStage has provided a customized iPhone software app for the new Broadway Musical, "BARE". WorldStage also provided three videomapped Christie WX10K 10K projectors and integrated Dataton WATCHOUT⢠multi-image display and presentation software package featuring display computer, production computers and a Dynamic Image Server that supports live video streaming. WATCHOUT and the servers to run it were supplied to WorldStage by Show Sage, Dataton Premium Partner for North America.
"We selected WATCHOUT because it could be deployed for the visual projections as well as integrated with an iPhone app," says WorldStage account executive, Lars Pedersen.
In explaining how the app works, projection designer, William Cusick says: "One character is asked by another to take his picture with his iPhone. So he aims the phone and slowly the live camera feed from the phone comes up on the concrete wall behind them. Then the character snaps the picture, and we see the frozen video image. That same picture is shown two more times in the show: as a saved screen capture and in a memorial scene after the character dies. So there's a through-line with the image."
"Bare" is a contemporary rock musical playing at New World Stages in the heart of the Manhattan theater district, New York City and will make its debut in Switzerland in 2013. It is an emotionally charged tale of a group of teens coming to grips with issues of identity, sexuality and religion at a co-ed Catholic boarding school. It was first staged in Los Angeles over a decade ago and has had over 100 productions worldwide.
Jim Testa, President, Show Sage says: âAll WorldStage projects are backed up by local technical service, hardware and software support from Show Sage.â
Fredrik Svahnberg, Marketing Director at Dataton ends: "WorldStage have always pushed the boundaries of our product in the market. Itâs terrific to see WATCHOUT creatively integrated as a storytelling medium to delight and engage theatrical audiences."
Related Topics: 3D Presentation, Case Studies, News, Product Applications, Product Updates, Projectors |


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No blood, gore, guts, cursing, sex, nudity, violence, you know the ingredients that modern film makers forgot how to do without and still tell a good story…
Older than most tumblr users (I was born in the 70's).
I am sure that will make a difference in what I post.
Please check out my blog before following.
I don't post many personal posts.
I am not an annoying fangirl. I do not jump on bandwagons and post EVERYTHING from them.
From Chicago, one of the greatest cities.
This is a place for my odds and ends I find that I love.
I do post quite a bit sometimes.
I will most likely post lots of quotes, movie and tv caps or stills, pictures of animals, and other random things that catch my fancy.
If you want to know about me please click on the about me link down below.
Posts I've "liked"
* I take no credit for the quotes or pictures I put on here unless they are my own.
If you reblog please keep the credit
I think it would be splendidly ironic if we posted these in front of every UCI theatre
(via retrogasm)


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Project 1: GPI protein sorting
GPI-APs are sorted to the apical membrane in several epithelial cell lines and associate with rafts during their transport to the plasma membrane. Our knowledge of how this occurs is only rudimentary. In this project we are using both microscopic and biochemical approaches to analyze the role of raft domains in sorting and trafficking of GPI-anchored proteins and to characterize the molecular components of the machinery.
One of our aims is to characterize the sorting, transport and arrival of GPI-anchored and transmembrane (TM) proteins to the plasma membrane of polarized epithelial cells.
Using fast confocal imaging based on the spinning-disc technology (Paladino et al., 2006) we analyze the site of sorting of apical and basolateral proteins and follow their segregation in living polarized cells seeded on filters. To this aim we have stably transfected two-colour GFP mutants fused to different apical and basolateral markers in MDCK cells. By using software of 3D reconstruction/tracking we will finely determined the areas of the Golgi where the two proteins bud and will track the post-TGN carriers in 3D allowing us to better understand where and when apical and basolateral GPI-APs are sorted. Furthermore, by using specific software of fluorescence quantization (e.g., volocity quantitation, matlab etc) we will investigate the properties of post-TGN carriers (as size, speed, content of fluorescent molecules).
We have shown that association with rafts domains is not sufficient for apical sorting of GPI-APs which need to form high molecular weight (HMW) oligomeric complexes in the Golgi (Paladino et al., 2004; Paladino et al., 2007). The molecular machinery involved in this sorting event is investigated by using the above-described imaging approach in conditions of perturbation of lipids domains and or proteins components. We are also setting an RNAi screen to fish putative factors.
Fig. 1. GFP-GPI labelled Golgi and vesicles (top panel). 3D reconstruction of Golgi vesicles budding (center panel). Apical and Basolateral GFP/Cherry linked proteins at the Golgi (lower panel).
We are also studying the spatial organization and raft association of GPI-linked proteins both at the plasma membrane and in the TGN.
The majority of the data on raft-association of GPI-APs rely on the study of protein insolubility in non-ionic detergents and flotation to lighter fractions of sucrose density gradients together with DRMs (Brown and Rose, 1992). Although DRMs have been a good tool for defining properties of raft- and non raft-associated molecules they do not provide any information about the spatial organization of proteins in membranes (Zurzolo et al., 2003, Paladino et al 2004, Zurzolo and Paladino, 2009). One of our aims is therefore to better assess raft associations of apically and basolaterally sorted GPI-APs in FRT and MDCK cells at both plasma membrane and TGN levels. This will allow us to understand whether raft association is a prerequisite for apical sorting of GPI proteins and will tell us what is the spatial organization of these proteins in the Golgi and at the plasma membrane. To this aim we are using different imaging approaches, FRET and FRAP (Lebreton et al 2008) and super resolution microscopy (STORM and PALM). By using these combined approaches in control cells and different conditions perturbing the lipid metabolism and/or the cytoskeletal organization, we will be able to define both the spatial organization of different membrane proteins at the plasma membrane and at the Golgi and define the requirements for polarized sorting in living conditions.
Project 2: Prions Trafficking and Conversion
Intracellular and intercellular trafficking of the prion protein
Transmissible spongiform encephalopathies (TSEs) are fatal neurodegenerative disorders affecting humans and animals. They can be of infectious, genetic or sporadic origin. They result from a post-translational alteration in the conformation of a host-encoded GPI-AP called PrPC into the scrapie isoform PrPSc. This conformational transition is thought to be catalyzed by a specific physical interaction between endogenous PrPC and PrPSc, which is the principal component of the transmissible agent (or prion). The intracellular compartment where PrPC - PrPSc conversion occurs and how this process leads to neurological dysfunction are still unknown. Furthermore, it is still a mystery how PrPSc invades the CNS from the periphery and which mechanisms allow prions to spread from cell to cell.
We are currently analysing both the mechanisms of prion conversion and of prions spreading based on our two recent and important findings: 1) that prion conversion occur/involves the endosomal recycling compartment (Marjianovic, 2009), and 2) that tunnelling nanotubes are able to transfer PrPSc between different cells in culture (Gousset et al 2009).
Our first objective is to study the intracellular site and the factors involved in prion conversion.
The cell biology of the conversion PrPC → PrPSc is poorly understood. Using combined pharmacological and genetic approaches and biochemical and imaging techniques we have recently identified the perinuclear endosomal recycling compartment (ERC) as the site of prion conversion. We demonstrated that in infected neuronal GT1 cells PrPSc preferentially accumulates in the ERC and modulation of PrP trafficking through the ERC influenced PrPSc levels. We propose that PrP retention in the ERC is necessary to concentrate prion proteins in a specific membrane domain for enough time to promote conversion.
We are currently setting a siRNA interference screening in order to identify factors involved in prion conversion in permanently prion-infected neuronal cells. To simplify the approach we plan to restrict our screen to the genes encoding proteins that pass through the ERC. To this aim we will use siRNA Mouse Genome Libraries purchased from Dharmacon. Similarly, pre-designed library containing siRNA directed towards genes involved in lipid metabolism will be used to identify lipid components important for scrapie production. The scrapie levels will be monitored by immunofluorescence, and automated detection, 4-6 days post-transfection. The best candidates will be further analyzed for their particular role in PrPSc production.
Another major objective is to characterize the mechanism of prion uptake and intercellular spreading from periphery to CNS.
To visualize PrPSc by immunofluorescence, cells must be subjected to a harsh treatment with guanidine hydrochloride (Gnd), which prevents studies in living cells. Therefore we created fluorescently labeled PrPSc by coupling prions-enriched brain homogenate with Alexafluor. To dissect the endocytic pathway involved in Alexa-PrPSc uptake, we follow its internalization together with Alexa-labeled transferrin, dextran or cholera toxin in living neurons. Furthermore, once Alexa-PrPSc is internalized we will analyse its subsequent intracellular trafficking using markers for different subcellular compartments in living cells and on fixed samples.
The mechanisms involved in spreading of infectious prions from one cell to another are largely unknown. A central question in the prion field that remains unanswered is how infection is transmitted from the periphery to the CNS. We have recently shown that PrP and PrPSc are found in tunnelling nanotubes (TNTs) in between neuronal cells (Gousset K et al, 2009). These are very fine membrane channels between distant cells which were shown to transfer proteins and vesicles (Gerdes H.H. et al., 2007, FEBS Lett., Davis DD and Sowinski S, Nature Reviews, 2008). Recent data showing TNT-mediated HIV transfer from infected to uninfected T-cells (Sowinski S. et al., 2008) implicates TNTs as a general way of pathogen spreading. Thus understanding TNT formation and subsequent transfer of proteins and entire organelles have became very important issues in cell biology. We are currently studying the role of TNTs in neuronal cells and in primary neurons, as well as their biological significance and possible role in transferring PrPSc in different neuronal cell cultures, between dendritic cells and neurons and in organotypic cultures and live tissue.
Based on co-culture experiments between Dendridic Cells (DCs) loaded with prions and primary neurons we have proposed that DCs are mediating the spreading of PrPSc from the intestine to the CNS. We are currently following the movement of Alexa-PrPSc in live cells in real time using spinning disk confocal microscopy. Following the transfer of Alexa scrapie we also monitor whether infection can be spread by DCs by analyzing scrapie production in neurons. Finally, in order to identify the organelle which mediates Alexa-PrPSc passage through TNTs we analyse colocalization of Alexa-PrPSc with various markers.
Fig. 2. TNTs between neuronal cells and transfer of lysotraker vesicles (top panels). Transfer of Alexa-scrapie from DC to a neurite of CAD cells (white arrow) via a TNT (yellow arrow lower panel).
Role of TNTs in vivo
To unequivocally demonstrate that TNTs represent a mechanisms for prions spreading in vivo we need to morphologically characterize these structures in cell culture, to understand how they are formed and to identify specific markers that in turn will be necessary to recognize TNTs in live tissues. To this aim we are in the process of setting up a high content siRNA screen in order to 1) identify key molecules critical for TNT formation and 2) identify TNT specific molecular markers that can be use in culture experiments to identify TNTs, in vitro and in vivo. In collaboration with JC Olivo-Marin we are setting an image analysis program for automated detection of TNTs in a siRNA interference screening. Once a few potentially important candidates are identified, we will study their individual roles in TNT formation, protein transfer, and as TNT specific markers.


text: Brown Davis Interiors Combines East & West December 12, 2013 PHOTOGRAPHY BY GORDON BEALL "East is east and west is west," but when an Annapolis real estate developer married a Manhattan Beach stylist, their great conundrum was figuring out exactly how the "twain" should meet—at least aesthetically. Robert Brown and Todd Davis of Brown Davis Interiors, Inc. were left to dress the spaces in a manner that would delight both husband and wife—which meant traditional for him and contemporary for her. To meet the challenge, they relied on a perceptively designed interior architecture program and a shrewdly chosen array of furnishings. For exterior architecture, using a charette, architect Michael Oxman designed the residence "literally right in front of them. It was a very interactive process," he explains. "We sat there and discussed their wants and needs, and I drew as we talked." The plan features three octagonal forms, with the largest structure—a gathering room—overlooking the backyard and river. Flanking the area, wings spread out on either side to hold two large airy rooms that do double duty, one as a kitchen and family room and the other as an office and library. Both sport expansive windows and French doors to maximize water views and access the yard, where a deck, infinity pool and outdoor kitchen hold court. Tour The Entire Home Tweet COMMENTS (1) Thanks! Your comment has been submitted for approval. Comments 1 Total Comments | Post a comment Posted by hayden on 12/26/2013 12:43:00 PM NICE HOUSE Name: Comment:


text:
After a draining and unfulfilling Monday Night Football, hopefully some Streak for the Cash green can take the sting off this Tuesday. There's a solid board of picks today with options from international soccer this afternoon followed by college hoops, the NBA, NHL, and college football. Here's my quick takes on all the picks on the board with my confidence on a scale of 1-10.
11/19 Streak Picks
11:00- Ghana win or Draw: Confidence Meter-2 (no need to win)
2:45- United States win or Draw: Confidence Meter-4
2:45- Portugal win: Confidence Meter-6
2:45- Yes at least 1 scores in 1st half: Confidence Meter-3
3:00- Germany Win: Confidence Meter-2 1/2
3:00- Ukraine win, draw, or lose by 1: Confidence Meter-4 1/2
3:46- Yes Portugal scores 1+ Goals in 2nd Half: Confidence Meter-5 1/2
7:05- Minnesota Timberwolves: Confidence Meter-5
7:05- Ottawa Senators: Confidence Meter-4
7:35- Minnesota Wild: Confidence Meter-6
7:35- New York Knicks: Confidence Meter-4 1/2
7:40- New York Rangers: Confidence Meter-3
8:02- Buffalo wins by 25+: Confidence Meter-5
8:03- Oklahoma State Winning Margin: Confidence Meter-5 1/2
8:04- Marcus Smart: Confidence Meter-4
9:05- Chicago Blackhawks: Confidence Meter-5
9:35- Edmonton Oilers: Confidence Meter-3
10:05- Phoenix Suns: Confidence Meter-4
10:35- Los Angeles Kings: Confidence Meter-5 1/2
Streak Scoreboard-November
Monday's Record: 5-5
Record for November: 204-163-1
Record in November confident picks (more than 5): 64-40
My Entry Results: 39-30-1
My Longest Personal Streak of November: W7
My Current Streak: L1
Tags: College Basketball Picks College Football Picks NBA Picks NHL Picks Soccer Picks Streak For The Cash Picks


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The 2013 season for Albert Pujols is over. According to numerous sources, the Angels announced today that he is now officially out for the remainder of the season.
Albert Pujols officially shut down for season. #Angels
— Alden Gonzalez (@Alden_Gonzalez) August 19, 2013
Pujols: "They said this is what's best for organization. I'm for it. It's tough but I can't be selfish. I expect to be fully recovered."
— Mike DiGiovanna (@MikeDiGiovanna) August 19, 2013
The first baseman for the Los Angeles Angels had been suffering from plantar fasciitis all season but had to decided to play through the painful ailment. But the slugger further aggravated the foot injury in late July against the Oakland Athletics and was promptly put on the disabled list. It was unlikely that Pujols would be back in 2013 but it wasn't until today that the Angels made the news official.
Pujols finished the season with career lows hitting .258 with 17 home runs and 64 RBI.


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1. Get more sleep. While the exact relationship between sleep and exercise is still unclear, multiple studies suggest sleep deprivation and disorders can have a significant negative effect on performance and recovery. Sleep is also prime time for the body to undergo protein synthesis, so make sure to get in those Zzz's for stronger muscles and better endurance.
2. Listen to music. Music can be great for helping us power through a tough workout (or at least distracting us from that "my legs are on fire!" feeling), but listening to relaxing tunes can also aid in exercise recovery. Slow-tempo songs can help reduce blood pressure and pulse rate more quickly after exercise, especially useful if there's more than one intense burst on the day's gym agenda.
3. Consume protein before bed. Barring a serious case of sleepwalking, we're not usually giving our body nutrients while we sleep. Consuming a light, protein-rich snack before bed allows our bodies to keep repairing muscles overnight.
4. Eat protein in the morning. After a hard night of sleeping (the highlight of many Greatists' days), the body could use some nutrients to recharge. Breakfasts high in protein can give our muscles the necessary ingredients to start rebuilding and may reduce food cravings later on in the day.
5. Drink chocolate milk. Looking for a convenient post-workout snack on the go? Tap into that inner child and chug some chocolate milk. The protein it contains will kickstart muscle recovery, and those chocolaty carbs have been shown to decrease the amount of time it takes for the body to get ready for its next challenge.
6. Drink cherry juice. Stiff as a board from yesterday's sweat-tastic spin class or lifting session? Tart cherry juice and supplements might help reduce the swelling that occurs when muscles are damaged, allowing our bodies to recover faster and — thank goodness — with less pain.
7. Roll it out. Much of the soreness that goes along with exercise occurs when our muscles and fascia — connective tissue running throughout the body — become knotted. Rolling out muscles with foam or semi-rigid rollers — two forms of self-myofascial release (SMR) — can help remove these knots and prevent muscle imbalances from forming. But be warned: While effective, SMR isn't exactly pain free (we're untying muscle knots, after all!).
8. Get a massage. Recovery backrubs, anyone? Like SMR, massage helps break up scar tissue and reduce stiffness associated with muscle repair. Scented candles and relaxing tunes optional.
9. Hydrate! Better recovery could be just a glass (or two, or three…) away. Exercising while dehydrated can cause greater damage to muscles and reduce the body's ability to repair itself. Before reaching for Gatorade, however, know that good old H2O is often enough for many individuals looking to replenish fluids.
10. Cut back on the booze. Those of us who enjoy a few post-workout brewskies might want to be careful of too much of a good thing. Research suggests more than one or two drinks after working could reduce the body's ability to recover.
11. Consume protein post-workout. While a protein-rich snack can get the body ready for a great workout, sipping on a protein shake or eating a protein-filled meal can ensure the body has enough fuel to keep on rebuilding throughout the day.
12. Consume protein before a workout. Amino acids are the building blocks of tissue, and we consume protein to give our bodies enough to rebuild and maintain muscles damaged during workouts. But there's more to recovery than snacking any which way. Consuming protein before working out can trigger our bodies to start muscle synthesis (a fancy name for repairing and building those guns) throughout and even after hitting the weights.
13. Take a daytime nap. Research suggests taking a nap around two hours after a workout helps the body enter deep, restorative states of sleep. And trust us (based on research and experience), a quick power nap won't ruin an upcoming night's rest.
14. Rest those muscles. While many advocate two days between workouts involving the same muscle group, there's no one-size-fits-all solution for recovery time. Factors like age and fitness level are important in determining how much rest we really need. If performance is decreasing from workout to workout, it might be time to schedule in a few extra rest days.
15. Try compression garments. For many athletes, it's important to be able go all out and quickly regain the energy (and willpower) to run, jump, or throw once again. Recent research suggests wearing compression garments can help decrease the time it takes for muscles to recovery between intense bouts of exercise.
16. Ice muscles. Cooling down muscles post-exercise could reduce inflammation and speed the path to recovery, especially for chronically injured areas. Cooling in short bursts (think 10 minutes on, 10 minutes off) can also reduce muscle soreness after a workout.
17. Take a cold bath. Don't just dip that toe in! It might be a scary prospect for some, but taking a cold, full-body plunge after working out can significantly reduce soreness and inflammation for up to 24 hours after exercise.
18. Try anti-inflammatories. Consult with a physician before relying on them, of course, but research suggests some anti-inflammatory medications and herbs can speed muscle recovery.
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text:
Cinemagique was made for Disney Studios theme park in Paris. (It's the park just next to Disneyland , Paris.)
I play a wizard who weaves his magic and transports Martin Short's character from the audience into the actual film, whereupon he takes part in various famous films from history. Julie Delpy is the love interest. It's great fun spotting all the different films, and of course it's pretty cool going to Disneyland and being able to see yourself in one of the attractions.


text:
Here, There and Everywhere
I want one now….
Caprese Panini: Fresh basil, juicy tomatoes and smooth mozzarella cheese make a delicious lunch panini!
Vegetable pasta. Favorite new dish? Definitely.
Ever since my obsession with carrot pasta first began, I have been searching for other vegetables to make a "pasta" dish. Luck was on my side because I stumbled upon this beautiful picture from the Kitchen Confidante. The different colors were a feast to my eyes! Unlike the Kitchen Confidante, I did not make a sauce, but I am sure the noodles would have tasted amazing with anything since the vegetables absorb lots of flavor. Maybe next time? This dish is unbelievably easy to make and healthy! It took me a little over fifteen minutes to make.
- Wash the vegetables, then dry.
- Use a julienne peeler to form noodle shapes from the zucchini, squash, and carrot. I peeled the entire vegetables.
- Steam the noodles.
- Once cooked, place the noodles in a bowl and top with freshly grated parmesan cheese and some lemon juice.


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Last updated 10 June 2013, created 10 June 2013, viewed 1,127
The link will take you to a mind map I made whilst moderating the #asechat Twitter discussion on the "What are the common misconceptions about teaching science?".
You can navigate the map and you zoom in and out. Also, if you see a little chain symbol on a branch click on it. Those are li More…nks to websites that were suggested during the chat.
Apologies if I haven't managed to capture the whole discussion. It was really fast paced, so I tried to focus on misconceptions on teaching science, rather than science misconceptions learner might have. I think I included most links shared.
Please provide a rating.
© 2014 TES Global Ltd. All content and pages of this website are subject to our Terms and Conditions and a user Privacy Policy. You must not reproduce, duplicate, distribute, copy, sell, resell or exploit any material on the website for any purpose without prior written permission. TES Global Ltd is registered in England (Company No 02017289) with its registered office at 26 Red Lion Square London WC1R 4HQ


text:
Additional Information
ZenithOptimedia nets RBS digital media job
The Royal Bank of Scotland has hired ZenithOptimedia to handle its estimated £10 million Retail digital media planning and buying account.
NatWest: owner RBS has consolidated its media arrangements
The incumbent on the business was the digital specialist LBi. But the bank has moved to consolidate its media arrangements into ZenithOptimedia, which won the Retail offline planning and buying account a year ago.
In its new role, ZenithOptimedia will be responsible for all digital media duties, including SEO, affiliate activity and pay-per-click.
LBi retains its digital creative and content strategy responsibilities for RBS Retail. It also continues to look after a mixture of media, creative content and social media duties for RBS Group, RBS Business, the private banking brand Coutts and the RBS-owned Irish Ulster Bank.
MediaCom, which handled the offline account before ZenithOptimedia's hiring, continues to oversee media for RBS's insurance brands.
This article was first published on campaignlive.co.uk
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text:
There are those backstage that were disappointed with Royal Rumble 2014, as many feel that there were not enough highlight spots during the match. Kofi Kingston was praised for doing his best to produce memorable moments, but very few others were able to stand out. Jamie Noble, the agent in charge of the match, has backstage heat because of that.
While many are understandably cautious since he has not been utilized well for quite some time now, there are talks within WWE of pushing Kofi Kingston, and those rumors heated up when he was given a shocking victory over heavyweight champion Randy Orton on Monday Night Raw.
Darren Young received quite a bit of media attention in 2013 when he revealed that he was gay, marking the first time a WWE star has done that. He even made an appearance on Ellen to discuss the situation. By doing that, he has been nominated for a GLAAD award.
While WWE has opted against honoring her career, Alundra Blayze has cemented her place in professional wrestling history. Also known as Madusa Miceli during her career, she became the first woman to be ever win the PWI Rookie of the Year award.
While he is currently out of action due to another concussion, Dolph Ziggler is occupying his time with other activities. The WWE star wa spotted in Las Vegas this week, attending the Adult Video News convention. Ziggler has been romantically linked to a porn star in the past.
Brie Bella and Nikki Bella were chosen by WWE to represent the company at the Critics Choice Awards for movies, and a picture of the two WWE diva on the red carpet was uploaded to Twitter.
Sarah Stock, formerly known as Sarita in TNA, was recently named the best foreign perormer in Mexico by Boxy Lucha. She often works as Dark Angel while working in that country.
While his cohorts were in Las Vegas unveiling the new WWE Network, David Otunga represented the company in Los Angeles at the People's Choice Awards, where the movie "The Call", starring Halle Berry, was nominated for Best Thriller, which was won by Now You See Me.
Shawn Michaels will be returning to Monday Night Raw this week, where the WWE legend is scheduled to present the Superstar of the Year award to someone.
John Cena, Randy Orton, CM Punk, Daniel Bryan, Big Show and Brock Lesnar have all been announced as nominees for Superstar of the Year. The Slammy Awards are taking place on Monday Night Raw this week.
Eve Torres has signed on to return to WWE next week on Monday Night Raw to present the winner of the Diva of the Year award.
WWE has announced the nominees for the Diva of the Year award, and the list includes AJ Lee, Bella Twins, Funkadactyls, Natalya Neidhart, Kaitlyn and Eva Marie.
WWE has appointed the Shield as their rookies of the year. Seth Rollins, Dean Ambrose and Roman Reigns beat out the Wyatt Family, Fandango, Curtis Axel and Big E Langston.
Stephanie McMahon was honored by CableFax again this week. She attended the breakfast event with her mother, Linda McMahon, and also gave a speech to accept her award.
Prior to taping Smackdown on Thursday, Booker T is being honored by the city of Houston, where the mayor has declared it to be "Booker T Day".


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Christian Women's Connection gift exchange and luncheon
Jan. 9, noon - Christian Women's Connection luncheon will be held at Shenadoah Valley Golf Club. Bring a wrapped gift to recycle and exchange. Luncheon is $12, child care is free. Music will be presented by Dubby White. Martha Goodrich of Chester will talk on "Restoring the Power in Your Life". Reservations: 540-635-4560. Everyone is welcome.


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No. 05-998
In the Supreme Court of the United States
Solicitor General
Counsel of Record
Department of Justice
Washington, D.C. 20530-0001
(202) 514-2217
In the Supreme Court of the United States
No. 05-998
In Neder v. United States, 527 U.S. 1 (1999), this Court held that the omission of an offense element from the petit jury's instructions does not constitute struc tural error. That rule-which the Court reaffirmed in Washington v. Recuenco, 126 S. Ct. 2546 (2006)- com pels the conclusion that the omission of an offense ele ment from a federal indictment does not constitute structural error either. Respondent and his amici do not ask this Court to revisit Neder, nor do they offer any valid justification for concluding that the failure to sub mit an offense element to the grand jury would necessi tate automatic reversal when the failure to submit an offense element to the petit jury would not. As in Neder and Recuenco, the error at issue should be subject to harmless-error review.
Respondent's other arguments lack merit. To the extent that respondent suggests that errors at the grand jury stage are not susceptible to harmless-error analysis at all, that suggestion is foreclosed by this Court's precedents. And to the extent that respondent renews his claim that the indictment in this case did not provide him with sufficient notice to enable him to prepare his defense, that claim also fails, because respondent cannot show that he suffered prejudice from any deficiency in the indictment. Because the petit jury was correctly instructed concerning the omitted element and found that the omitted element had been proved beyond a rea sonable doubt, any error was harmless, and the judg ment of the court of appeals should be reversed.
A. The Omission Of An Offense Element From A Federal Indictment Is Analogous To The Omission Of An Of fense Element From The Petit Jury's Instructions, Which Is Subject To Harmless-Error Review
This Court recently reaffirmed the principles that "most constitutional errors can be harmless" and that, "[i]f the defendant had counsel and was tried by an im partial adjudicator, there is a strong presumption that any other [constitutional] errors that may have occurred are subject to harmless-error analysis." Recuenco, 126 S. Ct. at 2551 (citations omitted). The error at issue in this case is closely analogous to the error in Neder, and neither respondent nor his amici offer any principled basis for treating it differently.
1. Respondent correctly notes (Br. 13) that Neder itself "concerned jury instructions" and that, in Neder, "[t]here was no issue concerning the indictment." The reasoning of Neder, however, cannot be confined to in structional errors specifically, or to trial errors more generally. Indeed, in Recuenco, the Court held that an error in enhancing a sentence based on a finding by the judge rather than the jury can be harmless on the ground that it was "indistinguishable" from the error in Neder, notwithstanding the fact that the error was fully realized only at sentencing. 126 S. Ct. at 2552.1 Like the error in Recuenco, the error in this case-the failure to submit an offense element to the grand jury-has no better claim to structural error than the failure to sub mit an element to the petit jury. In fact, the error here is an even weaker candidate for structural error than the error in Neder, for reasons that respondent and his amici do not dispute: for example, because the Fifth Amendment right to an indictment by grand jury, unlike the Sixth Amendment right to a trial by a petit jury, has not been incorporated against the States as an essential requirement of fundamental fairness, and because the petit jury provides numerous protections for the accused that the grand jury does not. See U.S. Br. 14-17.
2. Respondent repeatedly suggests (Br. 1-2, 4-5, 13- 14) that the error at issue here nevertheless "necessarily renders [the] trial fundamentally unfair," Rose v. Clark, 478 U.S. 570, 577 (1986), and is thus structural, because the Fifth Amendment provides that "[n]o person shall be held to answer for a [crime] unless on * * * indictment of a Grand Jury." But the Fifth Amendment no more explicitly provides that every element of a criminal of fense be charged in an indictment than the Sixth Amendment provides that every element of a criminal offense be submitted to the petit jury. The Fifth Amendment states that "[n]o person shall be held to an swer" except by indictment, just as the Sixth Amend ment states that, "[i]n all criminal prosecutions, the ac cused shall enjoy the right to [trial] by an impartial jury." In both cases, the omission of an offense element can violate mandatory constitutional language that ap pears absolute.2 But Neder made clear that a violation of the Sixth Amendment's mandatory text is not struc tural. Nothing in the language of the Fifth Amendment elevates the right to indictment by a grand jury over the Bill of Rights' other important guarantees.3
3. Relying on a footnote in this Court's recent deci sion in United States v. Gonzalez-Lopez, 126 S. Ct. 2557 (2006), respondent contends (Br. 1) that, even if the er ror at issue does not necessarily render the trial funda mentally unfair, it should be treated as structural be cause, in this context, "the harmless error inquiry is irrelevant to remedying the constitutional error." In that footnote, however, the Court cited only its decision in McKaskle v. Wiggins, 465 U.S. 168 (1984), for the proposition that an error may be structural where harm lessness is "irrelevant." Gonzalez-Lopez, 126 S. Ct. at 2564 n.4. McKaskle is readily distinguishable, because it involved the right to self-representation at trial-a right that implicates values of individual dignity and autonomy wholly distinct from the values of fairness and accuracy implicated by most other procedural rights (including the right to indictment by a grand jury). See Faretta v. California, 422 U.S. 806, 832-834 (1975).
Denial of the right to self-representation usually in creases the likelihood that the defendant will obtain a favorable outcome at trial, such that it would be nonsen sical to apply harmless-error analysis. See McKaskle, 465 U.S. at 177 n.8. Nothing similar can be said about the omission of an element from an indictment. Even if the indictment is deficient, the court can still properly instruct the jury, and the defendant can still have ade quate notice. In such a case, the indictment error will have no effect on the ultimate outcome at trial-and thus can appropriately be treated as harmless.
4. Again relying on this Court's decision in Gonzalez-Lopez, respondent argues (Br. 24) that the error at issue should be treated as structural because it would require excessive speculation (and would thus be too difficult) to assess the harmlessness of the error. That argument, however, proves far too much, because it suggests that any grand jury error should be treated as structural-in contravention of this Court's decisions in United States v. Mechanik, 475 U.S. 66 (1986), and Bank of Nova Scotia v. United States, 487 U.S. 250 (1988), which held that various grand jury errors are susceptible to harmless-error review. Finding that the omission of an element from the indictment is harmless is no more speculative than finding that the omission of an element from the jury instructions is harmless. A grand jury error would be structural only if a reviewing court would effectively have to perform the entirety of the grand jury's function in order to determine whether the error was harmless. See, e.g., Vasquez v. Hillery, 474 U.S. 254, 263 (1986); cf. Sullivan v. Louisiana, 508 U.S. 275, 281 (1993) (administration of defec tive reasonable-doubt instruction to petit jury).
B. This Court's Decisions Concerning Grand Jury Errors Support The Conclusion That The Omission Of An Of fense Element From A Federal Indictment Is Subject To Harmless-Error Review
Respondent and his amici cannot validly distinguish this Court's decisions applying harmless-error and plain-error analysis to grand jury errors.
1. Respondent contends (Br. 12) that this Court's decision in Mechanik, supra, is distinguishable on the ground that Mechanik concerned "the issue of factual guilt," whereas this case involves "a matter of law and not a matter of fact." That distinction is illusory. It is true that the question whether a federal indictment omits an element of the offense presents a legal ques tion, subject to de novo review on appeal. Like the error in Mechanik, however, the error at issue does implicate the issue of "factual guilt." A reviewing court can prop erly ask whether, but for the error, it is clear beyond a reasonable doubt that a rational grand jury would still have concluded that there was probable cause to believe that the accused had committed the charged crime.
Respondent's amici seek to distinguish Mechanik and Bank of Nova Scotia on the ground that those cases involved non-constitutional errors. NACDL Br. 18-19; NAFD Br. 22-23. But this Court has often recognized that most constitutional errors can be harmless. See, e.g., Arizona v. Fulminante, 499 U.S. 279, 306 (1991); United States v. Lane, 474 U.S. 438, 446 n.9 (1986). Nothing in Mechanik or Bank of Nova Scotia suggests a different rule for grand jury errors. While the error at issue is obviously not identical to the errors in Mechanik and Bank of Nova Scotia, it is analogous in the most important sense: the error does not automati cally preclude a fundamentally fair proceeding or wholly vitiate the grand jury's performance of its constitution ally assigned function.
2. Respondent's amici contend that the error at is sue is instead comparable to the error in Vasquez, su pra: i.e., purposeful racial discrimination in the selec tion of the grand jury, which the Court held to be struc tural. See NACDL Br. 6-7; NAFD Br. 13-14. That com parison lacks merit. In Vasquez, "the structural protections of the grand jury [were] so compromised as to render the proceedings fundamentally unfair." Bank of Nova Scotia, 487 U.S. at 257; see Vasquez, 474 U.S. at 263-264. Although the Court has not held that discrimi nation in the selection of the grand jury is the only type of grand jury error that would qualify as structural, the omission of an offense element from the indictment does not rise to that level. Unlike discrimination in the selec tion of the grand jury, the omission of an offense ele ment does not systematically infect the grand jury's decisionmaking process, and thus does not constitute the type of error that necessarily results in fundamental unfairness. See U.S. Br. 13-17; pp. 3-4, supra.
NAFD relies (Br. 15-18) on the portion of Vasquez suggesting that a grand jury need not indict even where there is probable cause to do so (and that it would thus be impossible to analyze the error in that case for harm lessness). Because that portion of Vasquez was not "necessary to [the] result" in that case, however, it should be treated as dictum. Seminole Tribe of Fla. v. Florida, 517 U.S. 44, 67 (1996). The Court's holding in Vasquez ultimately rested on its determination that "discrimination in the grand jury undermines the struc tural integrity of the criminal tribunal itself, and is not amenable to harmless-error review." 474 U.S. at 263- 264. Were it otherwise, Vasquez would be irreconcilable with Mechanik and Bank of Nova Scotia, because the necessary implication of the view that a grand jury can legitimately choose not to indict notwithstanding the existence of probable cause would be that no grand jury errors could be analyzed for harmlessness.4
3. This Court's decision in United States v. Cotton, 535 U.S. 625 (2002), further supports the conclusion that the omission of an offense element can constitute harm less error. As respondent notes (Br. 14-15), Cotton in volved an unpreserved error, and thus entailed applica tion of the plain-error, rather than the harmless-error, doctrine. But the Court's holding that the error at issue-the omission of a sentence-enhancing fact from an indictment (along with the failure to submit that fact to the petit jury)-did not constitute reversible plain error because any error did not seriously affect the fair ness, integrity, or public reputation of judicial proceed ings, see 535 U.S. at 632-633, necessarily implies that such an error did not automatically affect a defendant's substantial rights-and that the error was therefore not structural. See Neder, 527 U.S. at 9 (citing Johnson v. United States, 520 U.S. 461 (1997)).
Amicus NACDL contends (Br. 15-17) that (1) the error in Cotton implicated only the "apprisal" function, and not the "screening" function, of an indictment, and (2) the fact that an error does not seriously affect the fairness, integrity, or public reputation of judicial pro ceedings, does not necessarily mean that the error is not structural. As to the first point, this Court's recent deci sion in Recuenco makes clear that the omission of a sentence-enhancing fact is functionally equivalent to the omission of an offense element, see 126 S. Ct. at 2552-and thus that, to the extent that the grand jury performs a screening function, that function is equally implicated where a sentence-enhancing fact (as to which probable cause may be lacking) is omitted. As to the second point, this Court did assume in Johnson that the omission of an offense element from the petit jury's in structions might be structural, but went on to hold that, even if so, it is not reversible plain error when the evi dence on the omitted element is overwhelming and un contested. See 520 U.S. at 469-470. But NACDL fails to cite a single case in which this Court has actually held that an error that does not seriously affect the fairness, integrity, or public reputation of judicial proceedings is nevertheless structural. The only case that NACDL does cite, Davis v. United States, 411 U.S. 233 (1973), is inapposite. In Davis, the Court held only that a defen dant who had failed to raise a timely claim of racial dis crimination in the selection of his grand jury could not pursue that claim for the first time in a motion for postconviction relief under 28 U.S.C. 2255-not that such discrimination would not constitute reversible plain error. 411 U.S. at 245. Davis, moreover, was decided more than a decade before Vasquez, in which the Court deemed such discrimination to be structural error.
Respondent invokes (Br. 7) Ex parte Bain, 121 U.S. 1 (1887), and several prior cases for the proposition that the omission of an offense element from a federal indict ment automatically requires reversal. To the extent that those cases rely on the premise that indictment de fects are jurisdictional, however, they are no longer good law after Cotton. See 535 U.S. at 630.
3. C. Notice Concerns Do Not Mandate Treating Indictment Errors As Structural
Respondent's claim that the indictment failed to pro vide sufficient notice of the nature of the charge against him likewise does not justify automatic reversal.
1. Contrary to respondent's repeated suggestions (Br. 3, 20, 23), a claim that an indictment is deficient because it fails to allege all of the elements of the of fense is conceptually distinct from a claim that the in dictment is deficient because it fails to provide sufficient notice of the nature of the charge. Whereas the former claim is rooted only in the Grand Jury Clause of the Fifth Amendment, the latter claim is also based on other constitutional provisions: most notably, the Sixth Amendment, which provides that, "[i]n all criminal pros ecutions, the accused shall enjoy the right to * * * be informed of the nature and cause of the accusation."5 Whereas the requirement underlying the former claim is designed to ensure that the grand jury has considered all of the elements of the offense before deciding to in dict, the requirement underlying the latter claim is de signed to ensure that the accused is sufficiently apprised of the charge that he can prepare his defense.
2. Respondent and his amici do not dispute that the express notice requirement of the Sixth Amendment is violated only if the defendant can show that he suffered actual prejudice from any deficiency. Instead, they seemingly contend that, in federal prosecutions subject to the Grand Jury Clause, it is not necessary to show prejudice in order to prevail on a claim that the indict ment fails to provide sufficient notice. There is no justi fication, however, for treating notice claims in federal and state prosecutions differently.
In contending that the indictment in this case pro vided insufficient notice (and that the deficiency in the indictment warrants automatic reversal), respondent and his amici primarily rely on this Court's decisions in Stirone v. United States, 361 U.S. 212 (1960), and Rus sell v. United States, 369 U.S. 749 (1962). Resp. Br. 8-9; NACDL Br. 10-14; NAFD Br. 4-7. As a preliminary matter, both Stirone and Russell can be distinguished on their facts. In Stirone, it is clear that the factual the ory advanced in the indictment (i.e., that an extortion violated the Hobbs Act, 18 U.S.C. 1951, by obstructing commerce in sand) affirmatively conflicted with a factual theory advanced at trial (i.e., that the alleged extortion obstructed commerce in steel). 361 U.S. at 213-215. And in Russell, although the indictment itself merely alleged the disputed element without providing any fac tual detail (i.e., that the defendants had refused to an swer a question that was "pertinent to the question un der inquiry" by Congress, in violation of 2 U.S.C. 192), the Court pointedly noted that, with regard to at least one of the defendants, the government had presented a different factual theory (or no theory at all) "[a]t every stage in the ensuing criminal proceeding." 369 U.S. at 768.6 Where a defendant is led to believe (whether by the indictment or by subsequent representations) that the government will prove an element by a different means from that ultimately used at trial, it is more likely that the defendant will be able to establish prejudice on the ground that he relied on the government's earlier representations in preparing his defense. That situation differs from a situation in which the indictment is merely "drawn in general terms" and thereby does not misrepresent the government's factual theory in ad vance of trial. Stirone, 361 U.S. at 218.
In this case, respondent cannot show that the gov ernment ever identified any different "overt acts" from those ultimately proved at trial-i.e., that respondent presented false identification at the border and that re spondent made contradictory statements concerning his intended destination.7 Because the indictment at most failed sufficiently to inform respondent of the factual theory on which the government intended to proceed, and did not affirmatively mislead respondent with re gard to that theory, this is not a case in which the gov ernment could be said to have constructively amended the indictment and thereby "shift[ed] its theory of crimi nality." Russell, 369 U.S. at 768.
In any event, to the extent that Stirone and Russell held that automatic reversal is warranted for certain types of deficiencies in notice, the Court arrived at that view before it had generally recognized that constitu tional errors are susceptible to harmless-error analysis. See Chapman v. California, 386 U.S. 18, 22 (1967). No tably, although the Court has repeatedly listed errors that it deems to be "structural," it has never included notice-related errors of the type at issue in Stirone and Russell. See, e.g., Gonzalez-Lopez, 126 S. Ct. at 2564; Johnson, 520 U.S. at 468-469; Fulminante, 499 U.S. at 309-310. Accordingly, neither Stirone nor Russell com pels the conclusion that all notice-related deficiencies in indictments automatically require reversal.
3. Respondent generically contends (Br. 28-30) that he suffered prejudice from the alleged deficiency in no tice here. But respondent fails to identify any particular way in which the failure to specify in the indictment the "overt acts" on which the government relied actually affected the preparation or presentation of his defense.8 Nor could respondent plausibly do so, in light of the fact that the indictment identified the date and place of the attempted unlawful reentry (and thus provided respon dent with sufficient factual information with which to prepare his defense in the first place). This case there fore demonstrates why the failure to provide sufficient notice in the indictment does not warrant the extraordi nary remedy of automatic reversal.
D. Historical Evidence Concerning The Role Of The Grand Jury Does Not Suggest That The Omission Of An Of fense Element From The Indictment Constitutes Struc tural Error
Grand juries have occasionally refused to return in dictments (just as petit juries have occasionally refused to return guilty verdicts) when there was apparently sufficient evidence to do so. That history, however, no more shows that grand juries may properly refuse to indict in the face of probable cause than that petit juries may properly engage in nullification. See U.S. Br. 28- 33. Respondent's amici draw different conclusions from that history: namely, that it is legitimate for a grand jury not to indict in the face of probable cause and that the failure to instruct the grand jury on an offense ele ment should therefore be treated as intrinsically harm ful. Amici are mistaken on both counts.
1. NAFD concedes (Br. 21-22), as it must, that grand juries have been instructed that they have a duty to indict upon a finding of probable cause, but contends that those instructions should be given little weight be cause they merely constitute "the views of individual jurists" and conflict with the Framers' conception of the grand jury. NAFD, however, overlooks that such in structions have been delivered since the earliest days of the Republic, dating from an instruction delivered by Chief Justice Jay while the Bill of Rights were in the process of being ratified. See U.S. Br. 31 n.10. And NAFD likewise ignores the fact that the model grand jury charge, approved by the Judicial Conference of the United States, contains such an instruction-which has been upheld against the claim that it improperly fore closes grand juries from engaging in nullification. See United States v. Navarro-Vargas, 408 F.3d 1184, 1202- 1206 (9th Cir.), cert. denied, 126 S. Ct. 736 (2005). Such instructions show that, while grand jury nullification has occasionally occurred even after the adoption of the Constitution, it has never been formally sanctioned.
NAFD more broadly contends (Br. 10-13) that grand juries effectively exercise the same discretion as prose cutors in deciding whether prosecutions should go for ward. It is certainly true that grand juries serve as a check on prosecutors, in the sense that they may pre vent a prosecution from going forward when the evi dence is insufficient (and that they have the power to prevent a prosecution from going forward even when the evidence is sufficient). But it would not only depart from the role traditionally assigned to grand juries to conclude that grand juries may legitimately choose not to indict notwithstanding the existence of probable cause. It would also raise separation-of-powers con cerns to assign grand juries a form of prosecutorial dis cretion. It is the President in whom "executive Power" is vested and who has the duty to "take Care that the Laws be faithfully executed." U.S. Const. Art. II, §§ 1, 3. Prosecutorial discretion is a critical incident of the President's authority under the Take Care Clause, see United States v. Armstrong, 517 U.S. 456, 464 (1996), and is subject to political checks. If a federal prosecutor abuses his power by bringing prosecutions that the pub lic believes are inappropriate, the executive may be held accountable through the political process for poorly ex ercising its discretion, or Congress can amend the law. Grand juries are neither elected nor accountable to the public; their role is not to second-guess public policy, but to protect against factually unfounded prosecutions. See U.S. Br. 32-33. It would contravene our constitu tional structure to allow the grand jury to short-circuit the political process by making judgments about the exercise of prosecutorial discretion or the wisdom of enacted laws.9
2. Even assuming that a grand jury may legiti mately refuse to indict notwithstanding the existence of probable cause, it does not follow that the failure to in struct the grand jury on an offense element should be treated as intrinsically harmful. Respondent's amici contend that (1) the failure to instruct the grand jury on one element of the crime may impair the grand jury's ability to engage in nullification and (2) that, notwith standing evidence that petit juries (like grand ju ries) have sometimes engaged in nullification, grand jury errors should nevertheless be treated differently. NACDL Br. 22; NAFD Br. 23-24, 26 n.14.
As to the first point, NAFD speculates (Br. 23-24) that, where the evidence concerning the omitted ele ment is weak, a grand jury may have seized on that fact to nullify-but is disabled from doing so when the ele ment is omitted. That speculation, however, seems strained. Indeed, a grand jury may be more likely to nullify when an element is omitted, insofar as jurors believe that the remaining elements should not consti tute a criminal offense at all. And because a grand jury error will be found harmless only when the evidence at trial proves the omitted element beyond a reasonable doubt, the harmless-error rule at issue will not apply where the evidence is "weak."
As to the second point, respondent's amici do not explain why grand juries and petit juries should be treated differently for purposes of harmless-error anal ysis. Indeed, to the extent that they differ, petit juries offer greater protections for the accused, as NAFD notes. See Br. 26 n.14. That fact counsels in favor of, not against, applying harmless-error review to grand jury errors. See U.S. Br. 16-17; p. 3, supra.
E. The Omission Of The "Overt Act" Element From Re spondent's Indictment Was Harmless
In a case involving a grand jury error, the test for harmless-error analysis is whether it is clear beyond a reasonable doubt that, but for the error, a rational grand jury would still have returned an indictment. Respondent and NACDL do not dispute that proposi tion, but instead effectively challenge this Court's fur ther holding in Mechanik that, where a properly in structed petit jury subsequently finds the defendant guilty, an error at the grand jury stage should be treated as harmless. The Court, however, should adhere to that holding and apply it here.
1. Respondent notes (Br. 25) that, "if the prosecutor cannot establish guilt under the probable cause stan dard, the odds are small that guilt could be established under the reasonable doubt standard." What is rele vant, however, is that, where the petit jury finds that an offense element has been proved beyond a reasonable doubt, the odds are remarkably high that the grand jury also would have found that there was probable cause to believe that the element had been satisfied. And even in the rare case in which the grand jury would not have found probable cause, it would be pointless to reverse the jury's verdict, because the government would ordi narily be able to reindict and reconvict the defendant on remand based on the evidence presented at trial. Con sideration of the petit jury's verdict is therefore appro priate even if that verdict does not conclusively estab lish that the grand jury would have found probable cause as to the omitted element.
2. NACDL offers various policy-based reasons in support of a contrary rule, all of which lack merit. First, NACDL contends (Br. 26) that, unless the error at issue were deemed to be structural, "trial judges would not have an incentive to dismiss constitutionally defective indictments." The ordinary presumption, however, is that judges will follow the law, especially the Constitu tion, without any need to create "incentives" for them to do so. See, e.g., Mickens v. Taylor, 535 U.S. 162, 173 (2002). Second, NACDL suggests (Br. 26) that "a petit juror may be influenced by a grand jury's determination of probable cause." To the extent that is true, however, the more sensible solution would be to instruct petit ju ries not to consider the issuance of an indictment in de termining guilt-not to treat as structural any error that may have affected the grand jury's decision to re turn an indictment. Third, NACDL asserts (Br. 27) that, "[i]n the event a petit jury * * * declines to con vict a defendant at trial, the ramifications [from an in dictment] may still be severe." That point is irrelevant when the petit jury does convict the defendant-and, in any event, any reputational harm that a defendant suf fers simply by virtue of being indicted is not cognizable at law, as reflected by the settled rule that a defendant usually may not take an interlocutory appeal from the denial of a motion to dismiss the indictment (and may not appeal at all if he is subsequently acquitted). See 15B Charles Alan Wright et al., Federal Practice and Procedure § 3918.1, at 424 (2d ed. 1992) (Wright).
In this case, because it is undisputed that the petit jury was correctly instructed concerning the offense element at issue, the omission of that element from the indictment is necessarily harmless. The court of appeals thus erred by reversing respondent's conviction.
F. Rule 34 Does Not Preclude Harmless-Error Review Of The Omission Of An Offense Element From A Federal Indictment
Finally, respondent suggests (Br. 1, 7) that Federal Rule of Criminal Procedure 34, the rule governing mo tions for arrest of judgment, precludes application of harmless-error review to the omission of an offense ele ment from a federal indictment. In relevant part, Rule 34(a) provides that, "[u]pon the defendant's motion or on its own, the court must arrest judgment if * * * the indictment * * * does not charge an offense." As re spondent recognizes (Br. 7), however, "[m]otions for this relief are rarely made, and it is even rarer that they are granted." 3 Wright § 571, at 615 (3d ed. 2004). The better reading of Rule 34 is that it merely specifies when a defendant may object to a deficiency in the in dictment before the district court in order to preserve that objection; it does not specify the standard of review that the district court should apply to such an objection. Cf. 4 Wayne R. LaFave et al., Criminal Procedure § 19.3(e), at 779 (2d ed. 1999) (noting that, "[i]n consid ering essential elements objections first raised after conviction, appellate courts are fully aware of the de fense incentive to sandbag and they often react accord ingly"); United States v. Thompson, 356 F.2d 216, 226 (2d Cir. 1965) (noting that "the courts of the United States long ago withdrew their hospitality toward tech nical claims of invalidity of an indictment first raised after trial, absent a clear showing of substantial preju dice to the accused"), cert. denied, 384 U.S. 964 (1966). As respondent acknowledges (Br. 1), Rule 34 must be read in pari materia with Rule 52(a), the harmless-er ror rule, which presumptively applies to "all errors where a proper objection is made." Neder, 527 U.S. at 7. At a minimum, Rule 34 does not contain the "strong support" necessary to find an implied repeal of Rule 52(a) in this context. Zedner v. United States, 126 S. Ct. 1976, 1989 (2006); United States v. Vonn, 535 U.S. 55, 65 (2002).
For the foregoing reasons and those stated in the government's opening brief, the judgment of the court of appeals should be reversed.
Respectfully submitted.
Solicitor General
1 Amicus NACDL contends that, in Recuenco, the Court "recogni[zed] that Neder governs constitutional errors 'at trial alone.' " Br. 23 (quoting Recuenco, 126 S. Ct. at 2551). The sentence in Re cuenco from which NACDL quotes, however, does not support that proposition: indeed, the word "alone" does not even modify the word "trial." See 126 S. Ct. at 2551 ("We have repeatedly recognized that the commission of a constitutional error at trial alone does not entitle a defendant to automatic reversal.").
2 The right to indictment by a grand jury, like the right to trial by a petit jury, can be waived. See Fed. R. Crim. P. 7(b), 23(a).
3 Quoting this Court's decision in Midland Asphalt Corp. v. United States, 489 U.S. 794, 802 (1989), respondent suggests (Br. 5) that the omission of an offense element constitutes "a defect so fundamental that it causes * * * the indictment no longer to be an indictment." In Midland Asphalt, however, this Court considered only whether a particular type of indictment defect (an isolated breach of the secrecy requirement) was "so fundamental" that the denial of a motion to dismiss alleging that defect should be immediately appealable. 489 U.S. at 802. The Court rejected that suggestion and in no way indicated that the omission of an offense element constituted such a fundamental defect. It is settled law that the denial of a motion to dismiss an indictment on the ground that it omitted an offense element is not immediately appealable. See, e.g., United States v. Bird, 359 F.3d 1185, 1188-1189 (9th Cir. 2004).
4 In any event, the portion of Vasquez on which NAFD relies simply cannot be squared with the history of the grand jury, which refutes the proposition that a grand jury may legitimately choose not to indict even in the face of probable cause. See U.S. Br. 28-33; pp. 14-16, infra.
5 The Sixth Amendment, unlike the Grand Jury Clause of the Fifth Amendment, applies in federal and state prosecutions alike. See, e.g., Cole v. Arkansas, 333 U.S. 196, 201 (1948).
6 Russell is further distinguishable in that the Court relied heavily on a unique function of an indictment under 2 U.S.C. 192: namely, that it provide enough detail to permit federal courts to decide, as a matter of law and before trial, whether the question put to the witness was "pertinent to the question under inquiry" by Congress. 369 U.S. at 757- 759, 772; see id. at 756-757. While Russell did rely more generally on the inability of later documents (such as a bill of particulars) to cure a defective grand jury indictment, on the ground that it would "deprive the defendant of a basic protection * * * [that] a grand jury was designed to secure," id. at 770, Russell did not examine that issue from the vantage point of harmless-error analysis. Instead, it relied chiefly on notice-related concerns in reversing. Id. at 771-772.
7 As respondent notes (Br. 20), the government did contend before trial that the indictment sufficiently alleged the "overt act" element by simply alleging that respondent had engaged in an "attempt[]" to reenter unlawfully. See J.A. 15. That contention, however, was entirely consistent with the government's evidence at trial, which merely elaborated on how that "attempt" occurred. See J.A. 29-33, 35-37.
8 At one point, respondent does suggest (Br. 29) that, if the govern ment had identified the "overt acts" on which it intended to rely "[i]n its opening statement," he might have testified that "he physically crossed the line for the purpose of asking whether he could use his cousin's documents for his own entry" and that "he lied to the agent for the purpose of extricating himself from a bad situation." At a minimum, however, respondent does not dispute that the alleged "overt acts" were clear by the close of the government's case-in-chief. See J.A. 29-37. At that point, respondent had every opportunity to testify as he now suggests. Instead, the defense rested without presenting respondent or any other witness (or seeking a continuance), see J.A. 47, and merely contended that the evidence was legally insufficient, see J.A. 55-58.
9 While this Court has noted that the Constitution does not "textually
assign[]" the grand jury to any of the three branches, United States
v. Williams, 504 U.S. 36, 47 (1992), it has treated the grand jury's decision
to indict as a "substitute" for the decision of a judicial officer
with regard to the existence of probable cause, Gerstein v. Pugh, 420 U.S.
103, 117 n.19 (1975).


text:
Definition of misfeasance in English:
misfeasanceSyllabification: mis·fea·sance
Pronunciation: /ˌmisˈfēzəns /
A transgression, especially the wrongful exercise of lawful authority.
More example sentences
- In contrast with the tort of misfeasance in public office, bad faith is not an ingredient of the tort; it is not a defence for the defendant to say that he acted in good faith.
- The effect of this is that the occupier's liability is governed by the common law, which provides that he will be liable for negligent misfeasance but not for nonfeasance.
- I have evidence of perjury and the perversion of the course of justice and misfeasance in public office.
early 17th century: from Old French mesfaisance, from mesfaire, from mes- 'wrongly' + faire 'do' (from Latin facere). Compare with malfeasance.
Definition of misfeasance in:
- The British & World English dictionary
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Word of the day bimble
Pronunciation: ˈbɪmb(ə)l
walk or travel at a leisurely pace


text:
November/December 2014 Issue
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