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|Report: Ray Allen felt disrespected by Celtics, leading to move to Miami
|07.07.12 at 1:46 pm ET
According to a report from Yahoo! Sports, Ray Allen's decision to leave the Celtics and sign a three-year, $9.7 million deal with the Miami Heat was based on not only the love shown by Heat president Pat Riley, but the lingering bitterness toward the Celts.
The report had a source saying "He felt he was getting respect that he hadn't gotten from [Celtics president] Danny [Ainge] and [coach] Doc [Rivers] anymore.'¦The presentation was incredible."
According the author of the report, Adrian Wojnarowski, Allen still was upset that Celtics boss Danny Ainge had dangled him in trade talks, at one point telling the guard he was being shipped to Memphis only to then be told the deal was off. Allen was also reportedly upset over Doc Rivers taking away his starting job late in the season.
Then there was the fractured relationship Allen had with Celtics point guard Rajon Rondo. As Wojnarowski wrote:
Those were some of the conflicts that Allen had with Rondo, but the stubbornness of the point guard worked to exacerbate everything. Rondo and Allen were non-confrontational, but much of the behind-the-back sniping to teammates and those around the team took a toll. So much of it was sandbox stuff, the kind of grating, ultimately petty issues that occur in every locker room, every workplace. Rondo didn't chase Allen out of Boston, but their relationship did become a drain in the locker room. Their cold war was something Allen discussed with associates, something that become a concern of management and the coaching staff.
"When it comes to basketball, Rondo is the smartest player on the team ' one of the smartest players in the league," one locker-room source said. "And Ray considers himself a smart guy. But at some point, it became hard for Ray to be corrected by a guy so much younger than him."
The report states that Kevin Garnett and (to a lesser extent) Paul Pierce both joined Rivers in trying to convince Allen to stay with the Celtics in the final days leading up to his agreement with the Heat. But the recruitment by Riley — who promised the end of any trade talks, along with the prospect of championship runs — won out.
|Miami TV station erroneously reports Ray Allen deal with Heat
|07.06.12 at 8:21 am ET
Miami television station WSVN reported Thursday night that Celtics free agent guard Ray Allen had agreed to a three-year contract with the Heat, claiming that the news was broken by Yahoo! Sports. The problem is, WSVN was fooled by a fake Twitter account.
It was widely reported that Allen met with the Heat Thursday, and Heat guard Dwyane Wade tweeted that it would be "a big day" for the team. However, there are no indications that Allen has made any decision about his future.
WSVN tweeted its report but later removed the tweet and apologized for the misinformation.
|Brandon Bass re-signs with Celtics
|07.05.12 at 5:00 pm ET
Brandon Bass never wanted to leave, and now he won't have to. The veteran power forward agreed to a three-year deal with the Celtics, per a league source, filling a major hole in the team's front line. Bass told the Herald that the deal was for $20 million total, but it's unclear how the deal breaks down in terms of an annual salary.
Using reported figures for Bass, Kevin Garnett and free agent guard Jason Terry while adding in rookie contracts for first-round picks Jared Sullinger and Fab Melo, the Celtics have committed an estimated $56 million to nine players.
The key word there is estimated. It's important to note that new contracts can't be officially signed and finalized until July 11 when the league completes its internal audit and arrives at a salary cap number as well as a luxury tax threshold.
By using the full mid-level exception to sign Terry, the Celtics would commit themselves to staying under the salary tax apron, which is expected to be a little more than $74 million. Once a team goes over the apron, it can't use the full mid-level or the bi-annual exception and the cap becomes a hard cap.
Yes, this all gets confusing, but as it stands the Celtics have somewhere in the vicinity of $18 million to complete their roster with Jeff Green and Ray Allen still unsigned, as well as other internal free agents like Mickael Pietrus and Greg Stiemsma. It's also worth noting that the Celtics have E'Twaun Moore and Sean Williams signed to non-guaranteed minimum contracts.
Allen met with the Heat on Thursday and the Associated Press reported that he would spend the night in Miami after a planned meeting with the Clippers on Friday was canceled in the wake of the Clippers agreeing to terms with Jamal Crawford. With Los Angeles out of the picture it appears to be a two-team race for Allen, although the Grizzlies have also expressed interest.
Miami is limited to offering Allen the taxpayer mid-level, which starts around $3.1 million per year. The Celtics have offered a two-year, $12 million deal. The Boston Herald reported that they could include a no-trade or a trade kicker in the deal.
As for Green, his agent David Falk said that he was optimistic a deal would get done, although it might not happen until next week. Falk reiterated that Green's goal was to return to Boston. The Celtics had Green signed to a one-year deal for $9 million last season before an aortic aneurysm was detected, so it's not out of line to expect a new deal to be constructed along similar parameters.
In other words, it's still possible for the Celtics to bring back Allen and Green and still have enough left to complete the roster, but it will be tight. The deal for Bass is another strong step in that direction. Locking up a starting power forward for less than $7 million a year is an exceptionally savvy signing.
Bass averaged a career-high 12.5 points and 6.2 rebounds for the Celtics this past season after he was acquired from the Magic in a sign-and-trade involving Glen Davis. After beginning the season as the team's sixth man, Bass joined the starting lineup for good after the All-Star break and helped the Celtics surge back into contention.
One of the game's top mid-range-shooting big men, Bass made 48 percent of his shots from 16-23 feet, a percentage that put him on par with big man All-Stars like Dallas' Dirk Nowitzki and Celtics teammate Kevin Garnett. The Celtics love his ability to make shots because that helps open up the court for Rajon Rondo's slashing game.
With Bass back in place, Garnett will presumably stay at the center position although their frontline still needs work before it can be completed. Still, the Celtics' lineup is beginning to take shape.
|What a Jason Terry signing would mean for Celtics
|07.03.12 at 4:01 pm ET
Jason Terry is instant offense. He's a scoring threat who can knock down shots and create off the dribble. Terry has a championship pedigree and is fearless in the same kind of way Sam Cassell was fearless with the game on the line. He's also versatile enough to play the point as a backup.
Yahoo's Marc Spears reports that the Celtics have reached an agreement on a three-year deal for the 13-year veteran for the full mid-level exception, which would pay him a little more than $15 million over the life of the contract. Players can't officially sign contracts until July 11 when the league completes its audit.
With the Celtics, Terry would solve two pressing issues for the Celtics as a scoring guard off the bench and a backup for Rajon Rondo at point guard. The downside is that Terry will be 35 years old when the season begins and he shot 43 percent from the floor last season, his lowest mark since the 2003-04 season.
Signing him for three years is a calculated gamble, but it may have been the cost of doing business in a scoring guard market that includes Jamal Crawford, O.J. Mayo, Lou Williams and Ray Allen.
Working in Terry's favor is the fact that he has never played fewer than 74 games in a full season during his career and he's missed only 16 games the past five seasons. He averaged 15.1 points per game with the Mavs last season and was the NBA's top Sixth Man in 2009.
As for Allen, this doesn't immediately close the door on a return. The Celtics have insisted that they wanted to bring Allen back and use the full mid-level on a player like Terry. Their reasoning is that second-year guard Avery Bradley is coming off shoulder surgery and they need depth to survive the 82-game season. Allen is scheduled to meet with Miami on Thursday and the Clippers on Friday and it's been reported that he will take his time making a decision.
Deals can't be official until July 11 when the league completes its internal audit, but as it stands the Celtics would have roughly $50 million committed to eight players including Kevin Garnett, Terry and their first round draft picks. With Jeff Green and Brandon Bass still unsigned, they have work to do to complete the roster.
The magic number is $74 million, as explained here. The Celtics can't go over that mark and use the full mid-level.
|Adrian Wojnarowski on M&M: 'Good chance' Celtics retain Ray Allen, Dwight Howard 'not going to Brooklyn'
|at 12:14 pm ET
Yahoo! Sports NBA writer Adrian Wojnarowski appeared on the Mut & Merloni show Tuesday to discuss all things NBA, including trade rumors involving Dwight Howard and the future of Ray Allen. To hear the interview, go to the Mut & Merloni audio on demand page.
Wojnarowski said that if the Celtics are indeed offering Allen a two-year deal worth $12 million, that it puts them in a favorable position to get him back, but he didn't cross off other potential suitors. One team Wojnarowski doesn't think will land Allen, however, are the Grizzlies, who were reportedly asking about Allen during the trade deadline.
'When Boston and Memphis talked about a deal at the trade deadline that fell apart, I know that Ray was not excited about being sent to Memphis,' Wojnarowski said. 'Even though they're a playoff team, he didn't see it as a very desirable location at that time. '¦ I think geography is important to Ray and his family being geographically being closer, that's why I thought the Knicks could be a possibility because of that, and obviously Miami's intriguing because he knows he has a chance to be on the big stage to win, Mike Miller's future is very much in doubt there.
'The fact that Boston has shown, if they are at two years, $6 million per, which I think is comparable to what I've been hearing of what Jason Terry is being offered by teams around the league, then I think that gives Boston a good chance to be able to retain him.'
Wojnarowski doesn't think a rumored poor relationship with Rajon Rondo will deter him from signing with the Celtics, but he thinks it is a factor in the decision.
'The thing with Ray and Rajon which I think has been there, the one thing people have always said to me, in that locker room and in the organization is, whatever issue they may have had with each other, with personalities, they never carried it on the court,' Wojnarowski said. 'It never was an issue on the court, which at the end of the day is all that really matters. So only Ray knows how much of a factor it is. I think it is a factor, but I don't think it's enough of a factor that it's driving him away or would drive him away. '¦ Ray Allen is not going to leave Boston because he doesn't get along with Rajon Rondo.'
Wojnarowski also touched on the Howard saga. The unsatisfied All-Star center is reportedly being shopped in a potential trade with the Nets, but Wojnarowski doesn't think that's going to happen.
'He's not going to Brooklyn. It's very unlikely. Orlando's not interested in accommodating what Dwight wants,' Wojnarowski said. 'They're willing to make the deal that they think gives them the best return. Last year, when teams wanted to take Dwight as a rental, he had the real threat of, 'Hey, if you trade for me at the trade deadline or before the season or whatever it would be, I'm just going to go to Brooklyn as a free agent because they have cap space.' He doesn't have that threat anymore. The Nets are loading up all their cap space as we speak.'
Added Wojnarowski: 'What team out there has cap space next year that would be appealing to him? Now Atlanta has been talked about a lot the last couple of days because of all the money they're getting off, but listen, a big part of what Dwight has been doing here in wanting to get to a big market, specifically New York or LA, is his Adidas deal is worth two, I've been told even three times more by being in New York or LA. So going from Orlando to Atlanta, while it's his hometown and Josh Smith is a close friend, and maybe it's appealing on some levels, it's not going to give him the pay day that he's been looking for here.'
|Ric Bucher on M&M: Tyler Hansbrough is 'best-case scenario for Jared Sullinger'
|07.02.12 at 1:10 pm ET
ESPN's Ric Bucher joined Mut & Merloni Monday morning to discuss Kevin Garnett's contract, what the future holds for Ray Allen, what the Celtics' expectations should be for Jared Sullinger, and more. To hear the interview, go to the Mut & Merloni audio on demand page.
While he didn't think it was a surprise that Garnett would return to Boston, Bucher said Garnett's reported three-year, $34 million contract offer was far more than expected.
The deal was 'pretty surprising considering the length and the size of it,' Bucher said. 'We all know that KG has been battling through a number of things the last few years, and while I thought that [the Celtics] might make him a healthy offer, I never expected that it would be that long.'
Bucher said he felt that Garnett's effectiveness away from the basket, with his height and shooting ability, was a major factor in the Celtics' decision to offer the 36-year-old a three-year deal.
'KG has demonstrated with his length and with that silky jumper that he can still be effective,' Bucher said. 'And with that size and ability to space the floor, it doesn't really come down to athleticism. He can probably make that shot over guys when he is 40 years old, and now we may get the chance to see him prove it.'
As for his prediction regarding the Ray Allen sweepstakes, Bucher said he's come full circle since Garnett agreed to come back, at first believing Allen would definitely return, then wondering whether the Suns would lure him away with a huge contract. However, Bucher said he ultimately he made up his mind when he heard Celtics coach Doc Rivers' comments.
'Doc coming out and saying, 'Hey, I feel like Ray's going to be here,' and knowing Doc usually doesn't talk empty-handed in those sorts of tones, and knowing just the general relationship between KG, Ray, Doc and Paul [Pierce], I'm back around to finding it hard to believe that with KG in the fold for that period of time that they're going to let Ray Allen walk.'
|What Kevin Garnett's return means for Celtics
|06.30.12 at 12:18 pm ET
Kevin Garnett arrived in Boston five years ago with the promise of rebirth for a franchise that had grown stale. He was a savior then — plucked from Minnesota for almost half a roster's worth of young players and draft picks ' and he was treated as such.
On a team of prideful individuals, Garnett's persona stood out as the defining one. Dedicated to the point of insanity and private to the point of aloofness, Garnett kept close watch over his basketball family and kept everyone else at bay. Something changed over the course of those five years, culminating last season in a Garnett that was slightly more accessible and endearingly human.
No one could have predicted five years ago that Garnett would ultimately become an institution, but here we are. He's become one of us: a Bostonian in more than just an address and a Celtic in more than just a uniform. When his contract expired, there was never a question of going anywhere else, it was only a matter of whether he'd come back for more.
We have our answer, as Garnett will sign a new deal, reportedly for three years and $34 million, roughly half the monetary value of his last contract, and assuring he will be in a Celtics uniform for almost a decade.
Garnett's new deal sets in motion an offseason that now takes on a defined shape. The Celtics are still contenders, and team president Danny Ainge has flexibility to build the rest of the roster. Salary cap economics being what they are, Ainge is limited to a degree, but he has a host of options at his disposal that weren't as obvious 24 hours ago. Read the rest of this entry »
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I am a wife, mom of 3, dog/cat-owner and a romantic nut. I feel so lucky to get to do what I love. I feel honoured to share your special moment with you. I like to keep things simple. If you like what you see in my portfolio, you're going to love your photos. I believe every picture I take and give you should be frame-worthy.
get in TOUCH
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Based in Hillcrest, Durban, KZN

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Loin de la machine à tubes faciles, Sophie Ellis-Bextor est en train de construire lair de rien une carrière au long cours. Son premier album, lui-même renfermant quelques pépites scintillantes, avait signalé son talent décriture et une voix parfaite pour visiter tous les registres de lémotion. Shoot From The Hip confirme et mène encore plus loin ces intentions affirmées. Jouant des arrangements les plus malins, avec des contributions de Bernard Butler et dAlex James (Blur) sur "Love It Is Love", elle se glisse dans chaque chanson comme dans une robe fourreau. Bien malin qui pourrait alors extraire de la garde-robe une chanson plutôt quune autre. La Britannique se livre dans un désarmant "The Walls Keep Saying Your Name" et se lance sur le dancefloor avec "Mixed Up World" ou "I Wont Change You". Marquée par les sonorités de Goldfrapp, elle nous berce dune guitare nonchalante sur "Hello Hello" et affiche une maîtrise des tempos electro dance sur "Another Day". Mais on ne pourra résumer ce très bel album à lune de ses parties. On lappréhendera comme une boîte à malices où la pop coquine nous fait les yeux doux jusquau bout. --José Ruiz
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Il y a quelques chansons vers la fin de l'album qui ne sont pas à la hauteur des autres mais comme meme globalement vous ne serez pas deçus!
Pourvu que, malgré la crise du disque, sophie ellis-bextor puisse encore et pendant longtempts nous livrer des galettes aussi bonne !
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Where her debut album was really just an experiment into what style Sophie's future career would take, her sophomore release goes all the way basing its sound upon its predecessor, but twisting it slightly. Gone are the songs of disco pop that she became known for, replace with much more sophisticated, more mature real music. The songs on this album show Sophie in a totally different light. She now shines brighter than any other British female artist, and no one pulls off a raw English accent like Lady Bextor...
The album opener "Making Music" is brash, loud and infectious. The retro beats and twangy, with a manic beat that totally contrasts Sophie's brilliant voice. The song may take a while to grow on you, but once it does, it'll be in your head for days. "Mixed Up World" is the first single from this album and stormed into the UK Top 10 a month ago. With a typical beat that sparkle in true Bextor-style, this is a definite highlight in which Sophie raises the topic of the current state of the world, while combining it with a hopeful love story. "I Won't Change You" is one of my favourites on the album and just has to be released as a single! The beat on this song just totally bounces with simplicity, while the wonderful chorus is nothing short of perhaps Sophie's catchiest-ever tune.
"Nowhere Without You" starts off loud and in your face, before settling down in the verses for a chilled out and relaxing ballad. The guitar is wonderful and perfectly matches Sophie's sighing vocals of bliss. You could listen to this song while watching the sun rise, because it has that earthy quality that a lot of Sophie's music boasts. "Another Day" is a slight dip in the quality of the album, but the production makes up for it with some crafty and attention-seeking (and finding) beats. "Party In My Head" is a true highlight with a jangly-guitar and a superb beat that you will hum to for ages. Clapping in the parts before the choruses are very classy, while the backing-vocals from Sophie are also amazing in their melodic quality.
"Love It Is Love" begins like a racing steam train, intent on reaching its destination. The beat is heavy and very well-produced, and the bit in the middle where the whole song slows down is awesome. "You Get Yours" is perhaps the worst song on the album, but it is still absolutely brilliant! The beat starts off in a totally crazy way, demanding your attention. The chorus is a bit forgettable, so this song may need repeat-listening for you to truly appreciate it. "The Walls Keep Saying Your Name" is, simply put, a masterpiece. This song creates so many images in your mind that you can't help but go back again and again for repeat listens! A little violin arrangement totally makes this song so amazing, while the chorus are wonderful with the lines, "I can't sleep when the walls keep saying your name. Go from me and let me slumber again." It's one of those songs that is totally sky-high on the camp factor that the homosexuals will have a field day dancing to, and rightly so!
"I Won't Dance With You" is another one of my favourites from the album. The beat is hard hitting, and the sonic barrage of electro beats infects the song with that feeling that you just have to dance to. It's kinda cheesy, but ever so classy. Sophie's vocals are superb, but the clanger comes with the line, "You can wallow in praise until the cows come home!" Argh! "I Am Not Good At Not Getting What I Want" is awesome, and I thought only the Pet Shop Boys had long song titles! This song sees Sophie go back to the 1950's and don her best ball gown as she sings in a jazzy and smooth Big Band style of a spoilt and selfish girl who always gets what she wants. It's amazing, and you end up wondering why Sophie doesn't do more of this! "Hello Hello" is even more laid-back than the last song, with some good vocals but it's certainly not the best song on the album!
While her debut album had a few filler tracks that not many listeners cared for, Shoot From The Hip has no rubbish songs whatsoever. Here Miss Bextor has perfectly crafted a masterpiece dance/pop album that represents Britain at its best. If only the States were into her like the UK is! Hell, even her cover of Olivia Newton-John's "Let's Get Physical" as the hidden track on the album is great! This album has flopped in the UK so far, which is a great shame because talent like this is wasted on many people who want their music so commercial that you don't have to seek it out. All in all, well done Sophie! She's proven herself a true player on the British music scene. I look forward to her third album. I'm sure it will be fantastic!
This is probably one of the best pop records I've heard in sometime. It is a clean & strong record, no filler, just great songs. Clocking in at almost 40 minutes, "Shoot From the Hip" is a mixed bag of pop all grounded in her familiar sensual euro-disco sound, but isn't fixed there.
"Mixed Up World" opens up in a manic pop whirl, recalling the great styles of late 1980's electric dance music & early 1990's house respectively. It reminds me of vintage Cathy Dennis in some cases. Lyrically, this is one of the strongest songs, one that deals with perserverance & determination of the human spirit. Other highlights include the hopelessly romantic thump of "I Won't Change You", the rock inflected "You Get Yours", & robo-funk of "Another Day" come to mind.
There are two songs I will focus on in particular: the one-two ballad closers "I Am Not Good At Not Getting What I Want" & "Hello, Hello". Both find Ellis-Bextor utilizing her beautiful accented voice to it's emotive fullest, without sacrificing her icy demeanor. From an arrangement point of view "I Am Not..." recalls classic torch, & "Hello, Hello" sits pretty in an alternative setting that would do Tori Amos justice.
Ellis-Bextor is clearly someone who is slightly underrated. Not only does she write her own material, she possesses a very alluring stylist voice, & manages to surround herself with production talent who can bring out the best in her, without sacrificing her personae in the process.
I highly hope that Ellis-Bextor records a follow-up worthy to this masterpiece. I recommend this to anyone who likes good music, take a chance, I'm glad I did! Highly recommended!
Having a penchant for that retro feel, Bextor doesn't break new grounds on the faster songs. First single, Mixed Up World, is still a funky electronic-retro track that bears the Gregg Alexander trademark that's also found on Murder. Definitely a catchy song with a very 70-ish video. Album opener, Making Music, is a real club stormer with its rightly placed electronic bleeps and buzz. I Won't Change You and Party In My Head round up the by now standard retro-dance flair from Bextor. The only gripe is when the songwriters and Bextor play up the retro factor too much on Another Day which almost sounds passe and hard to bear. Another instance is where the lyrics are so embarassing on I Won't Dance With You, "Then you can wallow in praise until the cows come home", that even the good music can't hide them.
What's astonishing from Bextor this time round are the ballads, which I consider some of the best songs from her. I am Not Good at Not Getting What I Want and Hello Hello are such exquisite ballads that Bextor should perhaps invest more time on. The former is a low key Broadway style ballad that sweeps you off your feet. Finally there's a very familiar remake of a classic track tagged at the end of Hello Hello as a bonus track.
WARNING: There is a second edition of this album now available with only 10 tracks . DO NOT BUY THAT EDITION!!! It is the inferior version! Making Music and I Won't Dance With You are gone as is the bonus hidden track, a cover of The Olivia Newton-John classic Physical. While that bonus track was clearly not a good idea, Making Music alone is worth the extra money. Be sure you buy the proper version with the artist name and album title in WHITE lettering.
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"When I first started working for the sociopaths and mercenaries in Washington, D.C. in 1958 I had to keep reminding myself it was real, not some nightmare."
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In this intellectually challenging book, Nobel laureate Ilya Prigogine tackles some of the difficult questions that bedevil physicists trying to provide an explanation for the world we observe. How is it, for instance, that basic principles of quantum mechanics--which lack any differentiation between forward and backward directions in time--can explain a world with an "arrow of time" headed unambiguously forward? And how do we escape classical physics' assertion that the world is deterministic? In a sometimes mathematical and frequently mind-bending book, Prigogine explores deterministic chaos, nonequilibrium thermodynamics, and even cosmology and the origin of the universe in an attempt to reach an explanation that can reconcile physical laws with subjective reality.
From Booklist
Since adolescence, Nobel laureate Prigogine has been haunted by the thorny problem of time, which has so preoccupied him that he scrawled "Time precedes existence" on a scientific memorial in Moscow. One of the founders of chaos theory, Prigogine has for decades propounded a view contrary to the assumption of temporal reversibility that is commonly accepted by theoretical physicists (ordinary folk have always been baffled by the idea that minus-t and plus-t [terms representing, respectively, time going backward and going forward] can somehow ever be the same). Although accepting relativity and the time-space continuum, Prigogine proposes a radical synthesis of Newtonian and quantum physics that is intriguing enough to reward the tough going that the book's intense concentration of formulas (on which Prigogine's arguments center) will be for most general readers. Prigogine claims that it is time's arrow that finally makes clear how probabilities become actualities and how "becoming" becomes "being." A groundbreaking work by a major figure in today's scientific revolution. Patricia MonaghanSee all Product Description
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Customer Reviews
Top Customer Reviews
There is a way in which biology could be "reduced" to physics, but only if we learn to define "physics" very differently than we do today. Prigogine shows why biology CANNOT be reduced to context-independent, deterministic contemporary physics. (Read Robert Rosen's "Essays on Life Itself" for the most profound and fundamental explanation, based on non-integrable, complex, "impredicative loops of efficient causation".)
"The End of Certainty" is an important work because it points toward a revolutionary realignment of fundamental physical principles, theoretical perspectives, and even scientific methodology. In fact, it draws together many of the crucial elements that ultimately will result in the inevitable emergence of a fundamentally transformed model of scientific epistemology. It's an important snapshot of a pivotal stage in the evolution of scientific knowledge.
There has not been a coherent major shift in the foundational paradigms of physical science since the emergence of relativity and quantum physics in the early 20th century. The pioneers of those physical models, if not the models themselves, behaved as feuding brothers from the start. That disputatious relationship is perhaps best typified by Einstein's famous rebuke of the indeterminacy of quantum physics: "God does not play dice with the universe.Read more ›
Statistical entropy in all of it's variations is an excellent inference tool but it is about an observer's measurements and not underlying properties of the system being measured (frequentist approaches come close but usually have to extrapolate). In this case Poincare recurrence maybe non-physical, a mere statistical fluctuation with no actuality.Read more ›
This book will very likely prove readable by most general readers, like myself, provided the technical parts are carefully skipped, and the central ideas are correctly spotted. It truly presents essential insights to issues like: the emergence of complexity; self-organization; the nature of matter; determinism vs probability; and the validity of time symmetry in both quantum mechanics and classical mechanics equations. As to issues like the actual existance of a flow and arrow (direction) of time (which, by the way, is the very subject of the book) and the existence of free will, the book may be too far from conclusive...
It seemed to me (only top experts could really tell for sure) that Prigogine showed compelling evidence supporting the idea that, contrary to the prevailing notions in the field of physics, there is time asymmetry both in quantum mechanics and in classical mechanics. And also, that reality at both these levels is not deterministic, but truly probabilistic.Read more ›
Most recent customer reviews
One of the most world-view upsetting works of recent history. Prigogine is a lucid writer on a difficult topic. I recommend his book on chaos theory as well.Published 17 months ago by R. Beckett
I did buy this book some time ago and then I was fascinated. I studied the basis of his theory, but unfortunately, Prigogine passed away recently, before I can discuss with he some... Read morePublished on Aug. 13 2003 by Juan R. Gonzalez-Alvarez
Much controversy from what i can see from other reviewers...
Nevertheless, whether or not you think an "arrow of time" exists or not, this book at least has the... Read more
Prigogine mixes history, philosophy, classical , quantum and statistical mechanics to review the status of philosophy of science and the lack of methods to handle non integrable... Read morePublished on Dec 26 2000 by Richard Axor
As an earlier reviewer said this book provides a solution to three of the most important problems in science: 1. time's arrow 2. the measurement problem in QM 3. Read morePublished on Oct. 18 2000 by Cool R1a
Over the years (and it's been something close to 60 of them) Prigogine has almost single-handedly defined non-equilibrium thermodynamics. Read morePublished on Oct. 10 2000 by Zentao
The writers do not challenge the validity of quantum mechanics. They point out, that microscopic reversability is compatible with the existence of an arrow of time in the observed... Read morePublished on Dec 10 1999
In a direct extension of his Nobel-prize-winning work on thermodynamics,Prigogine explains that almost all natural systems are non-determinsitic, even if all their components are... Read morePublished on Jan. 1 1999
Oh well, I loved this book and think Prigogine's work is of fundamental importance. The math's not bad if you're from an engineering or science background, otherwise skip the math... Read morePublished on Dec 31 1998 by Gary R. Bradski
Look for similar items by category
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- Books > Professional & Technical > Professional Science > Mathematics > Chaos & Systems
- Books > Professional & Technical > Professional Science > Physics > Relativity
- Books > Professional & Technical > Professional Science > Physics > Time
- Books > Science & Math > Experiments, Instruments & Measurement > Time
- Books > Science & Math > Mathematics
- Books > Science & Math > Physics > Chaos & Systems
- Books > Science & Math > Physics > Relativity


text:
Top Definition
When you're going to say "don't" but then switch to "do not" halfway through, you end up say a mix of the two.
Jimmy: I dough not want pizza today.
Fred: What?
Fred: What?
door Slatte 11 oktober 2010
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text:
This page requires a MaxPreps membership account.
Don't stress... It's free and easy to setup.
The Escondido Cougars boys volleyball team won Friday's away tournament match against Santana by a score of 2-1.
(April 20, 2012: Santee, CA 92071) In Friday's non-league battle, the visiting Escondido Cougars volleyball team scored a tight 2-1 triumph over the Santana Sultans.
The Cougars (13-9) will now prepare for their battle against Hilltop (Chula Vista, CA). The Lancers come into the non-league battle with a 9-7 record. In their last battle, Hilltop was edged by Eastlake (Chula Vista, CA), 3-0, in a league battle.
Next, the Sultans clash with the Hilltop Lancers (Chula Vista, CA) in a non-league battle, on Friday, April 20. Santana will attempt to advance on its 6-12 season record. The Lancers come into the battle with a 9-7 record after their 3-0 league loss to Eastlake (Chula Vista, CA).


text:
Thanks for your patience.
Due to server problems the POSper homepage is temporarily down.
We'll notify you when we are back again.
Stay tuned.
Read about the new features in POSper 2.1 on
We are happy to announce the release of POSper 2.0. POSper 2.0 comes with a lot of new features and improvements for both retail and restaurant mode operation.
You will find a description of the 2.0 contents as compared to the latest bundle (rev 1021) on http://posper.net/newin2.0since1021.
The changes since the previous bundle (rev 852) are listed in http://posper.net/newfeatures.
The full list of changes is as usual in the CHANGELOG supplied with the bundle.... read more
Shortly we'll release the last bundle before launching POSper 2.0. Those who had an eye on commits to the code repository and read the changelogs there certainly are aware that POSper has developed into a versatile cash register system with even more features coming from real world requirements.
Sadly, this has kept us so busy that we didn't find the time to publish a new bundle but we are confident to change this in the near future.
As a teaser we'll come forth with a summary of the new features and, instead of a beta 2.0, a last 1.0 bundle.... read more
We have just finished a new release with a couple of interesting new features, e.g.
- A new modifier function has been implemented which can automatically add consignement products to a ticketline like bottle deposits etc.
- Global modifiers are now fully working and allow fancy things like special sales with 'Everything 10% off today!"
- We have introduced an audit log to follow up on critical operations with cheating potential like deleting open tickets and ticketlines or altering ticketlines to a lesser value.
- The amounts of consignement products are now adapted accordingly when the amount of the parent line changes.
- When printing a kitchen receipt it is now possible to print the difference when the amount on a ticketline has changed.... read more
Don't worry about the swap of the recent release files. The only problem we have removed was that POSper didn't show the correct version number (822 instead of 844). This doesn't really hurt because build number (36) and date are correct. We've decided to swap the archives, though.
POSper 1.0-844 is mainly a maintenance release covering the latest snapshots and some new changes listed in the release notes.
We upgraded JasperReports to 3.5.2 which makes it necessary that you upgrade your libs directory to the current release.
No database changes have been made.
Main features of the new release are:
- JasperReports 3.5.2
- Use of HSQLDB now includes close cash and all reports (we still
don't recommend HSQLDB for poduction, though)
- New RFID reader Promag PCR310U (basic use of writable cards
identified by the cards built-in ID)
- Fixed the unfamous 'a record with the same identifier...' exception
- Fixed the edit sales ticket process which could cause trouble when
it had been interrupted
- Numerous user interface improvements like sorted category lists, etc... read more
We are proud to announce the release of POSper 1.0.
Release 1.0 has been developed on the basis of many clients requests and proven stable and useful in both retail and restaurant environments.
Unfortunately the project Wiki does not yet reflect all the new features which have been added to POSper over the time.
You are always welcome to share your knowledge and experinece and help to further improve POSper. ... read more
The POSper team has released posper-060-759. See the release notes for changes.
Many new features have been added since POSper separated from tinapos and started to be a project on it's own. POSper has already proven to be stable in a couple of productive environments and we're looking forward to hearing about more use cases.
We'll wait a couple of weeks for possible bug reports before we'll release POSper Version 1.0.
The current release is technically the same as the latest snapshot. We've only fixed the archive structure to allow poor Windows users to extract all files. This had not been possible if the Windows Explorer's built-in packager was used. There's also a tarball available in the download section.... read more
Hello all,
I had set up the new site www.posper.net up. So far it has links to the
wiki pages.
This updated release candidate fixes several issues that were reported over the past couple weeks as well as includes an updated German Translation from Markus Kohlhase. A huge thanks to all the people who tested and submitted bugs!
Aaron Luchko
We are pleased to announce the first release candidate for POSper. What this means is the developers are aware of no bugs that would jeopardize the ability of this release to be used in a production environment and we encourage our the more daring users to do precisely that. Once the community has had time to properly test POSper in production scenarios and no serious bugs have been encountered we will post an official release, any bugs between now and then will be fixed by further release candidates.... read more
This update fixes a number of bugs from the previous release as well as
integrates a new panel, Products by warehouse, from Librepos 0.23.
This release marks a feature freeze, from now until the first stable
release no new features will be added and all our work will be directed
towards bug fixing and testing.
thank you,
Aaron Luchko
This updated beta fixes some performance issues that occur when large
numbers of products are used (there are a few more parts that need to be
fixed). As well there are a handful of bugs fixed, including one by
Pedro Romano.
Aaron Luchko
We're proud to announce the release of POSper-0.60-328. This is the first release under our new name and our first beta release since completing our reworking of the code base. Since our last snapshot we have added a couple of small changes and have made numerous bug fixes for various issues uncovered by our community. Database upgrade scripts are included to upgrade from our last snapshot though they haven't been tested extensively.
Get it from here: https://sourceforge.net/project/showfiles.php?group_id=175878&package_id=244235 ... read more
So the final round of voting has completed and the results are
POSper: 4 votes
OSPOS: 2 votes
Thus the new name of our project is POSper!
A huge thanks to everybody who made suggestions and took part in the voting. Even names that were eliminated early really helped to provide inspiration to help find the eventual selection. We're going to get started on the tasks of setting everything up under the new name. ... read more
We are looking for a new name for the project. Please come and vote for them at: http://sourceforge.net/forum/forum.php?thread_id=1794472&forum_id=606131
A new snapshot release has been deployed today. Changes include completed
migration for several more classes and a few new features such as better launchers specialized for each OS (bash script for *nix and mac, exe for win)
Note: If you had tried our previous snapshots you might need to delete the database file.
Release Name: tinaposplus-0.18-200706212224
This release fixes a few bugs uncovered in the first snapshot release and adds a few bits of TinaPOS 0.22 functionality. Note there which was a slight change in the DB schema from the previous release so the database will probably have to be recreated (in between releases automatic upgrades are feasible but for snapshots it's impractical).
- Added a splash screen (only shows up for users with Java 6)... read more
Hello everyone, it's beeing a very long journey, some people join the project, some other has left it, and are still arround. Anyway the goods news are that we finally have ended migrating the Database access framework from plain SQL to Hibernate.
Most users will not notice the difference between the original TinaPOS 0.18, and this version, except that this new version includes subcategories, and can be used with any database manager Java supports.
Developers will find that the Database access is much easier, you create a class, you mark it as entity, you add it to a list, and that's all you need to get a new table in the database. And much more stuff, you will have to find it out by yourself ;)
Our next steps are ending getting our code up to date to TinaPOS 0.22 and then finally start our own way. Who knows what's our future :D
TinaPOS Plus devel team.... read more
On the download section you can find a Live CD to test TinaPOS+
I had opened a developer blog, where I will try to show how simple (or complex depending on the case) is to develop with TinaPOS+, you can check it out at our home page, or at this link: http://www.tinaposplus.org/tiki-view_blog.php?blogId=1
The New TinaPOS+ website is now online, the web site will host important information about the project, manuals, tutorial and all kind of information.
Check it now at http://www.tinaposplus.org/


text:
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Les Fêtes D'Hébé Ou Les Talents Lyriques, Ballet Héroïque: Scene 1 - Duo 'Non, Ne Suivez Point Mes Pas'
Features of This Tracka small chamber ensemble
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tonal harmony
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an opera
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I am HAFA & Equator approved (BofA's short sale system), so feel free to contact me if you have any other questions. Bill Mota 626) 233-0190
BofA is not going to reduce your principal balance, which is why doing a short sale is your only way out. BofA will not go after your 4plex in MT. We have been successful in also getting BofA to release you have any future liability on the upside down mortgage.
Please email me directly & I can help you to analyze just how upside down you really are & show you how you'll come out very much ahead in the end.
** If the banks WERE really helping the majority of underwater homeowners, there wouldn't still be thousands of people doing short sales or the REO inventory would be slim to none.
562-430-3053 cell
Realtor Since 1996
Short Sale Expert
Alex Greer
It sounds like you are trying to do a loan mod in California and sell a 4-plex in Montana. I am not sure why you think the refi with Countrywide (now B of A) will impact this scenario.
Here is what I know from experience. Of course, if you are looking for legal advice, then you need to ask an attorney.
Loan Mod - If you have a financial hardship and your loan qualifies for a loan modification, then you have a chance to complete one. Just make sure that submit all the paperwork (even if they ask for it multiple times) and have patience. How will the sale of the 4-plex affect this? Well, if you have equity in that property and it will cure your financial hardship, then you might not be able to get a loan modification.
Foreclosure - If you have only one loan on your home in California and the lender forecloses on that loan through a non-judicial foreclosure (which is the standard way that 99.9% of lender forecloses happen in this state), then that is the end of their right to collect on that debt. California is what is known as a one-action state, and the foreclosure would be their one action. If you have two, or more, loans on the home and the 1st forecloses, then you should be concerned about the 2nd (and 3rd if you have one) coming after you for the amount owed to them.
What to do if you have more than one loan on your home in California - In the case of multiple loans, you would want to consider a short sale. Make sure you use an experienced short sale agent who has actually closed short sales and knows how to negotiate with the lenders. They will work to negotiate with the junior liens to not only remove the lien, but also accept the payment they receive as payment in full on the debt.
No matter what you decide, it is always a good idea to get advice from an attorney, an tax specialist, and perhaps even your financial planner, in addition to interviewing a couple of Short Sale focused Realtors. That way you can make an informed decision. Dare to Dream.
Shel-lee Davis, QSC®
Certified Distressed Property Expert – CDPE®
Short Sale & Foreclosure Resource – SFR®
Certified HAFA Specialist – CHS®
SSG Pro®
Your Real Estate Consultant for Life
RE/MAX Palos Verdes Realty
Eli Givoni, Director
Short Sale Department, LLC
Serving all 50 states
MARS Disclosure for General Commercial Communications
Short Sale Department, LLC is not associated with the government, and our service is not approved by the government or your lender. Even if you accept this offer and use our service, your lender may not agree to change your loan. If you stop paying your mortgage, you could lose your home and damage your credit.
You can do a short sale if the loan modification fails. I have closed short sales with B of A-many. It all depends on what can be worked out with the lender. Your better off doing a short sale and not letting it foreclose as it's less damaging to your credit.
I am happy to asist you with the process and can negotiate the best option for you which is a short sale and not just letting it foreclosure.
Please contact me to discuss and go over the details of your situation.
Monique Carrabb
The Carrabba Goup
Keller Williams Hollywood Hills
(323) 899-2900


text:
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The Ohio Department of Transportation is preparing for the worst, and with limited amounts of salt.
Right now trucks are being greased and pre-loaded in anticipation of Sunday's big storm. ODOT Manager, Phil Valentine, says the Muskingum County garage currently has 2,500 tons of salt left. While Valentine says 2,500 is a "survivable rate," he says they will continue to pace how much salt is used.
"Right now we're still salt on interstates but a lot of our secondary roads, we're doing a 50/50 mix with grit, trying to stretch out the salt a little bit," Valentine explained. "You get a little less melt out of it, a little less reaction on it so motorists expect to give us a little bit of time but we're trying to make sure we're pacing ourselves to be able to make it through the rest of the winter."
Valentine says low stockpiles of salt is typical for this time of year, but says other ODOT districts have been helping each other out.
"If we get some heavy snowfall, there's a chance we'll cut off from treating and go ahead and plow and wait till that's done until we switch over to actually treating. So if the public can be patient with us and understand this is a rough year, it's been a long winter.
Valentine says he will wait until Saturday night when the forecast is more clear to plan shifts.


text:
Q & A Library
Plagued by Pinworms?
What do you recommend for pinworms? My 9-year-old son has them.
Answer (Published 5/6/2004)
Pinworms (Enterobius vermicularis) are small, white worms, about half an inch long, that live in the intestines. Infections with pinworms aren't dangerous, but they are a nuisance. About two weeks after infection, the females crawl out via the anus and lay eggs on the surrounding skin. This causes itching around the rectum that usually is worse at night and can be annoying enough to disturb a child's sleep. In girls, a pinworm infection can spread to the vaginal area causing irritation, itching, and even a discharge. When kids scratch the itchy area, the eggs can get under their fingernails and then be transferred to toys, eating utensils, dishes, glasses, and other objects where they can live for two to three weeks and infect other youngsters or family members.
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The Weil Vitamin Advisor - If you are interested in supplementing your diet, but don't know where to begin, take the Weil Vitamin Advisor. Start now!
Kids unknowingly pass pinworm eggs back and forth at school and at child care centers. The adults most likely to pick up infections are the mothers of infected youngsters.
To make sure that your son really has pinworms, his pediatrician may ask you to do a "tape test", which merely involves applying some cellophane tape to the child's anal area first thing in the morning before he has bathed or had a bowel movement. The doctor will examine the tape under a microscope to look for pinworm eggs.
Treatment is simple: two doses of medication, either a chewable tablet called mebendazole (Vermox), available by prescription, or an over-the-counter drug called pyrantel (Pin-X or Pin-Rid). Everyone in the family should be treated. With Vermox, you chew one tablet and then, two weeks later, a second one. Pyrantel comes as a liquid or capsule. Follow the dosage directions on the package. You only take two doses, two weeks apart.
To prevent the spread of pinworms and re-infection, take these precautions:
Andrew Weil, M.D.
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text:
Answers (1)
4 Nov 2009
Diarrhea is a fairly common side-effect of Lamisil. You should check with your doctor to see if you should keep taking the medicine. If you stop treatment the diarrhea should go away. If the diarrhea is not going away go back to your doctor.
Lamisil will last for sometime in your system as it is slowly eliminated from tissues such as skin and adipose (fat).
See: https://www.drugs.com/pro/lamisil.html
Further Information
- Lamisil Information for Consumers
- Lamisil Information for Healthcare Professionals (includes dosage details)
- Side Effects of Lamisil (detailed)
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Lunch with Heather Williams
Comments off · Posted by Philip in Lunch
Our latest Lunch guest is Heather Williams. Heather has been working with manufacturers for nearly 10 years helping to bring the best video production tools to market – meeting the important and evolving needs of today's creative professionals. She began her career as part of the original team at G-Technology and helped grow the company into the world's leading supplier of external drives to the creative community. She now continues her dream of working with creative professionals as the VP of Sales at Atomos and sharing how their line of award-winning products are revolutionizing today's production workflow.
Apple to create original programming?
1 Comment · Posted by Philip in Apple, The Business of Production
According to an article on MacRumors today, Apple is negotiating with Studios and Producers to create original programming for Apple TV. Two thoughts.
Apple have long created their own content by running music festivals and recording the performances.
It's been a long time coming, but I thing it was inevitable. Back in late 2009 I postulated on What if Apple or Google simply bypassed Networks and Studios? My conclusion then:
Clearly, either Google or Apple could destroy the existing content production industries without borrowing or risking their business. Just what leverage do the current middlemen really have?
It's a strategy that's working well for Netflix and Amazon.
Lunch with Hayden Black
Comments off · Posted by Philip in Lunch
Hayden Black is a writer, actor, voice over artist and a damned funny comedian. He was creator/producer of Goodnight Burbank when I first interviewed him for the Digital Production BuZZ/ Since then he's gone on to produce Abigail's Teen Diary & Teensy Tweets. You can catch him on BBC America's The Brit List and daily on Yahoo!'s "Who Knew?" He can be contacted on Twitter as @HaydenBlack, or follow @Gen_Zed.
Piracy destroys box office again: with higher revenues and attendance
Comments off · Posted by Philip in Media Consumption
Yet again the threat of movie piracy – that is, unauthorized distribution – has had no observable affect on an industry with higher attendance and higher revenues. Please destroy my businesses like this!
Producing The semiSerious Foodies
Comments off · Posted by Philip in Lumberjack, The Technology of Production
The production kit for The semiSerious Foodies – Greg's and my new project – fits on one small bag I can comfortably carry on my shoulder. Each episode of the video part of The semiSerious Foodies starts in a restaurant, and continues to local markets, on into whatever kitchen we have available when we travel.
If you're naming Favorites, you're doing it wrong
13 Comments · Posted by Philip in The Technology of Production
I am still slightly horrified whenever I hear or read of someone who "doesn't use keywords, I just use Favorites and rename them" I am infuriated. What you want is not a Favorite. What you want is a Keyword.
A Keyword that automatically organizes itself into collections. (Unlike Favorites).
Just under a year ago I wrote Why I love Keyword Ranges. If you're using Favorites that way, read it.
Apple adds to its Derived Metadata technologies
Comments off · Posted by Philip in Apple, Metadata, The Technology of Production
I first wrote about derived metadata back at the end of January 2009. Derived metadata uses computer analysis to derive metadata from the video source. There are now technologies for speech-to-text, meaning extraction, facial detection, facial recognition, emotion detection, image recognition, and more. One company has been accumulating these somewhat diverse technologies: Apple.
Celtx grows up!
Comments off · Posted by Philip in The Technology of Production
One of my favorite writing tools – Celtx – has revealed itself as a full production management resource.
Celtx has added a ton of new features to help not only screenwriters write scripts, but also help directors and creative teams work together on their projects using new story development and video planning tools.
Basic writing and storyboarding tools are included in the free version: $10 a month gets you it all.
If I wrote and produced narrative, I'd be all over Celtx.
A new 4K TV for Christmas? Sorry, already obsolete!
Comments off · Posted by Philip in Video Technology
CES finally brings High Dynamic Range TV to the consumer. Brighter (really brighter) white levels, cleaner blacks and wider color gamut are more obvious to most people, than high pixel count. 10 bit sampling will allow for smoother gradients and contribute to the wider color gamut.
Fortunately, the competing technology companies came to an agreement with UltraHD Premium.
Already at CES TCL and LG have announced new models with Dolby Vision incorporated. Dolby Vision is probably the widest adopted of the HDR standards. But it doesn't really seem to matter as UltraHD Premium is about standards met, rather than how to meet the standard. This is a good approach as it allows the technology to evolve, as long as the same basic standards are met.
2015's Best Blog Posts
Comments off · Posted by Philip in Family History Video Project, Lunch, The Business of Production
My year seems to have three major themes: sucking while learning, family history video and small production kit. Along the way there have been 13 episodes of Lunch with Philip and Greg.


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Pseudoxanthoma elasticum-like fibers in the inflamed skin of patients without pseudoxanthoma elasticum
Version of Record online: 8 JUN 2007
DOI: 10.1111/j.1600-0560.2006.00705.x
Journal of Cutaneous Pathology
Volume 34, Issue 10, pages 777–781, October 2007
Additional Information
How to Cite
Bowen, A. R., Götting, C., LeBoit, P. E. and McCalmont, T. H. (2007), Pseudoxanthoma elasticum-like fibers in the inflamed skin of patients without pseudoxanthoma elasticum. Journal of Cutaneous Pathology, 34: 777–781. doi: 10.1111/j.1600-0560.2006.00705.x
Publication History
- Issue online: 18 SEP 2007
- Version of Record online: 8 JUN 2007
- Accepted for publication October 30, 2006
- Abstract
- Article
- References
- Cited By
Background: Pseudoxanthoma elasticum (PXE) is an inherited disorder leading to characteristic calcified elastic fibers in skin, eyes and vasculature. PXE-like fibers have not been described in inflammatory skin disease in the absence of other signs of PXE.
Methods: The histopathology of inflamed skin from 13 patients that contained PXE-like fibers but lacked clinical evidence of PXE were studied. Six of these and six comparison specimens from known patients with PXE were subjected to polymerase chain reaction amplification and sequencing of exons 24 and 28 of the PXE-associated gene ABCC6. This genetic analysis employed a novel assay utilizing paraffin-embedded tissue.
Results: Incidental PXE-like fibers were found in patients without clinical suspicion of PXE in lesional tissue showing lipodermatosclerosis, granuloma annulare, lichen sclerosus, morphea profunda, erythema nodosum, septal panniculitis, basal cell carcinoma and fibrosing dermatitis. Two patients with PXE-like fibers but without clinical findings of PXE were heterozygous for a PXE-associated ABCC6 sequence alteration.
Conclusions: This pilot study shows elastic fibers similar to those of PXE in the lesional skin of patients with a variety of inflammatory skin diseases in the absence of clinical evidence of PXE; and some of these patients harbor changes in ABCC6.


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Joshua P. Davis
Shannon Wheatman
Cristen Stephansky
Writing Better Jury Instructions: Antitrust as an Example
Posted at 05:19 PM in Instructions | Permalink
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Michael Cicchini
Lawrence White
Truth or Doubt? An Empirical Test of Criminal Jury Instructions Abstract:
Posted at 01:48 PM in Instructions, Law Review Articles | Permalink
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Florida has recently updated its instructions on the use of electronic devices by jurors. I like these updates because they provide the all important "why." As I have stated numerous times before, if you want jurors to buy-in to the rules you have to tell them why the rules are important.
Posted at 11:25 AM in Instructions | Permalink
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Eugenee M. Heeter. Note. Chance of Rain: Rethinking Circumstantial Evidence Jury Instructions, 64 Hastings L. J. 527 (2013)
The treatment of circumstantial evidence has undergone a dramatic change over time, from a high level of scrutiny to widespread acceptance. Similarly, our understanding of direct evidence has evolved, as wrongful convictions have exposed the potential unreliability of eyewitnesses and confessions. In accordance with the changing views of each type of evidence, this Note identifies two distinct policy goals of circumstantial and direct evidence jury instructions. The first is to establish an equality of import between the two types of evidence, to combat juror bias that leads to the under or overvaluing of one type over the other. The second, which seems to be in conflict with the first, is to promote a higher level of care during jury deliberations, so that jurors do not casually make incorrect or unfounded factual inferences. However, these goals can be reconciled if we acknowledge that all kinds of evidence are highly probative, and subject to similar dangers from inference. By evaluating three different states' circumstantial and direct evidence jury instructions for comprehensibility and effective advocacy of policy goals, this Note identifies what is done well and what diminishes the efficacy of the instruction, and then offers various solutions in the form of altered instructions. Ultimately, this Note concludes that the most effective solution is to create a new instruction that combats the dangers of inference, appeals to jurors' appreciation of a reasonable alternative narrative, and eliminates the unnecessary distinction between direct and circumstantial evidence.
Posted at 12:01 PM in Instructions, Law Review Articles | Permalink
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In the state of New York, it is a "matter of strategy and tactics which ultimately rests with defense counsel." This was determined last month in People v. Colville.
The issue arose from the murder trial of Delroy Colville. In that case, the defendant was charged with second degree murder. The defendant claimed self-defense.
The defense attorney wanted to give the jury instructions on two lesser included offenses: first and second degree manslaughter. However, the defendant opposed the instructions. Although the judge agreed with defense counsel, he followed the defendant's wishes and did not give the additional instructions to the jury.
The jury convicted the defendant and he appealed. The intermediate appellate division unanimously affirmed. However, the state high court overturned the conviction finding that "[b]y deferring to defendant, the judge denied him the expert judgment of counsel to which the Sixth Amendment entitles him."
Posted at 04:25 PM in Instructions, State Cases | Permalink
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Posted at 09:12 PM in Instructions, Technology | Permalink
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The Judicial Conference Committee for the federal courts has recently updated its instructions regarding jurors and social media. These new instructions are available here. My brief observations and comments about the instructions are as follows.
1. First, I find it interesting that the courts found it even necessary to update their instructions. Not too long ago, (6 months) the courts released a "study" (based on the views of federal judges) that jurors were adhering to the court's rules on improper communications and research. Go here for my post on that study.
2. As for the instructions themselves, they are an upgrade from the previous instructions; however, they don't, among other things, address the "why" question. If you want today's jurors to follow court instructions, you have to tell jurors why they are important. In the Digital Age, it is too easy for jurors to communicate and conduct research about a case. If courts want jurors to trust them and not Google, they need to tell jurors why they should follow the court's instructions.
3. In addition, these rules don't tell jurors that they can't friend the attorneys. Recently, a juror not only sent a friend request to an attorney, but also asked if the attorney was single. For more on that issue go here.
4. These rules also fail to adequately inform jurors about the consequences and penalties for violating the court's instructions.
5. Finally, I have previously discussed and analyzed an earlier version of these jury instructions in which I go more in depth in pointing out their shortcomings. Go here for my law review article on that topic. That law review article also contains my proposed jury instructions.
Posted at 08:37 PM in Instructions, Technology | Permalink
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This article by the Arizona Daily Star gives the pros and cons of allowing jurors to ask questions in criminal trials. Arizona is one of the few states (Indiana and Colorado are the others) to give jurors the right to ask questions during criminal cases. However, other states, like Michigan, are testing the idea. Finally, in civil cases, the practice is much more common.
Arizona Daily Star: AZ jurors are given bigger say in trials
Posted at 04:41 AM in Instructions | Permalink
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To address the growing problem of juror misconduct related to the Internet, Smartphones, Blogs, Social Networking Sites, etc., I have drafted new jury instructions entitled, Model Jury Instructions for the Digital Age. These instructions, which are reprinted below, will also be published in my upcoming law review article, Google, Gadgets and Guilt: The Digital Age's Effect on Jurors.
Model Jury Instructions for the Digital Age
The instructions provided below assume the jurisdiction does not allow pre-deliberation discussions between jurors. If that is not the case, then obviously this instruction would have to be slightly modified.
Introduction: As you know, serving on a jury is an important and serious responsibility. And part of that responsibility is to decide the facts of this case using only the evidence that the parties will present in this courtroom. As I will explain further in a moment, this means that I must ask you to do something that may seem strange to you: to not discuss or do any research on this case. I will also explain to you why this rule is necessary, and what to do if you encounter any problems with it.
Communications: Do not discuss this case during the trial with anyone, including any of the attorneys, parties, witnesses, your friends, or members of your family. This includes, but is not limited to discussing your experience as a juror on this case, discussing the evidence, the lawyers, the parties, the court, your deliberations, your reactions to testimony exhibits or any aspect of the case or your courtroom experience. This prohibition extends to all forms of communication, whether in person, written or through any electronic device or media such as: e-mail, Facebook, MySpace, Twitter, instant messaging, Blackberry messaging, I-Phones, I-Touches, Google, Yahoo, or any internet search engine or any other form of electronic communication for any purpose whatsoever, if it relates to this case.
I will give you some form of this instruction every time we take a break. I do that not to insult you or because I don't think you are paying attention, but because, in my experience, this is the hardest instruction for jurors to follow. I know of no other situation in our culture where we ask strangers to sit together watching and listening to something, then go into a little room together and not talk about the one thing they have in common what they just watched together. There are at least three reasons for this rule.
The first is to help you keep an open mind. When you talk about things, you start to make decisions about them and it is extremely important that you not make any decisions about this case until you have heard all the evidence and all the rules for making your decisions, and you won't have that until the very end of the trial. The second reason is that by having conversations in groups of two or three during the trial, you won't remember to repeat all of your thoughts and observations for the rest of your fellow jurors when you deliberate at the end of the trial. The third and most important reason is that by discussing the case outside of the jury room you increase the likelihood that you will be influenced by an outside third party and or you will reveal information that could impact the outcome of the case. If any person tries to talk to you about this case, tell that person you cannot discuss the case because you are a juror. If that person persists, simply walk away and report the incident to my staff.
Research: Do not do any research or make any independent personal investigations into any facts, individuals or locations connected with this case. Do not look up or consult any dictionaries or reference materials, search the Internet, websites, blogs or use any other electronic tools or other source to obtain information about any facts, individuals or locations connected with this case. Do not communicate any private or special knowledge about any facts, individuals or locations connected with this case to your fellow jurors. Do not read or listen to any news reports about this case. The law prohibits a juror from receiving evidence not properly admitted at trial. If you have a question or need additional information, submit your request in writing and I will discuss it with the attorneys.
In our daily lives we may be used to looking for information on-line and to "Google" something as a matter of routine. Also, in a trial it can be very tempting for jurors to do their own research to make sure they are making the correct decision, but the moment you try to gather information about this case or the participants is the moment you contaminate the process and violate your oath as a juror. Looking for outside information is unfair because the parties do not have the opportunity to refute, explain or correct what you discovered or relayed. The trial process works by each side knowing exactly what evidence is being considered by you and what law you are applying to the facts you find. You must resist the temptation to seek outside information for our system of justice to work as it should. Once the trial is over you may research and discuss the case as much as you wish. [Are there any of you who cannot or will not abide by these rules concerning communication or research with others in any way, shape or form during this trial?].
Ramifications: If you communicate with anyone about the case or do outside research during the trial, it could lead to a mistrial, which is a tremendous expense and inconvenience to the parties, the court and taxpayers. Furthermore, you could be held in contempt of court and subject to punishment such as paying the costs associated with having a new trial. If you find that one of your fellow jurors has conducted improper communications or research, you have a duty to let me or a court officer know, so that we can protect the integrity of this trial.
Posted at 04:36 AM in Instructions, Technology | Permalink
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This year's award goes to the state of Ohio.
For the most part Ohio's new jury instructions emulate similar instructions that are in place or will be in place in other jurisdictions around the country. One rather unique aspect of the Ohio instructions is that they also attempt to address the so-called impact of CSI and other law-related television programs on jurors. Although this may seem quite obvious, the new Ohio instructions inform jurors that they are not to rely on or obtain legal information from law-related television programs.
3. WARNING ON OUTSIDE INFLUENCE. The effort to exclude misleading outside influences information also puts a limit on getting legal information from television entertainment. This would apply to popular TV shows such as Law and Order, Boston Legal, Judge Judy, older shows like L.A. Law, Perry Mason, or Matlock, and any other fictional show dealing with the legal system. In addition, this would apply to shows such as CSI and NCIS, which present the use of scientific procedures to resolve criminal investigations. These and other similar shows may leave you with an improper preconceived idea about the legal system. As far as this case is concerned, you are not prohibited from watching such shows. However, there are many reasons why you cannot rely on TV legal programs, including the fact that these shows: (1) are not subject to the rules of evidence and legal safeguards that apply in this courtroom, and (2) are works of fiction that present unrealistic situations for dramatic effect. While entertaining, TV legal dramas condense, distort, or even ignore many procedures that take place in real cases and real courtrooms. No matter how convincing they try to be, these shows simply cannot depict the reality of an actual trial or investigation. You must put aside anything you think you know about the legal system that you saw on TV.
Posted at 02:34 PM in Instructions, Miscellaneous | Permalink
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OFr stands for Old French (linguistics)
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