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Again, more from inside the academy rather than from those of us "projecting our fantasies" - LOL.
Jonathan H. Adler teaches courses in constitutional, administrative, and environmental law at the Case Western University School of Law, where he is the inaugural Johan Verheij Memorial Professor of Law and Director of the Center for Business Law and Regulation.And he recently wrote a piece at the Washington Post (yes, the Washington Post, hardly one to project right-wing fantasies, huh professor?) titled: Are open inquiry and free expression still alive at Yale? [Before I proceed, the answer to that question is NO.]
And Adler writes:
I may have thought political correctness was bad when I was at Yale 25 years ago. It's hard to believe how much worse things appear to have become. [For those of us still in touch with reality.] Recall that students recently protested a forum on free speech. Some of the protesters even spit on event organizers, and the university took no disciplinary action.Moreover, I believe we ain't seen nuthin' yet. The wackier these people get, the wackier these people get - and violent. More here.


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You won't get a shiny diploma you can hang on your wall - but Wikia University is still a course worth going through. Maybe you're nodding vigorously right now, because you've already completed every study track, and consider yourself an editing pro. But maybe you're scratching your head instead, wondering what I'm talking about?
Wikia University isn't a real life campus somewhere (although that would be awesome!), but a series of short videos that teach you how to use Wikia. The videos are divided into five study tracks, each one aimed at users on a different level of editing experience:
- Welcome to Wikia - start here if you're new to Wikia and are wondering what it is all about
- Editing 101 - a walkthrough of your first contributions
- Building…
Read more >
We've given plenty of advice in the past on how to deal with trolls, annoying users, and bad admins. But what if that user who is upsetting the community is a bureaucrat, and can delete anything and block anyone they like?
As in any dispute, the best option is to talk it out: Stay calm, assume your bureaucrat isn't evil, but just coming from a different point of view, and see if you can find a way to work together.
Try these options, if a bureaucrat is causing trouble:
- Talk to the bureaucrat: Leave them a message and let them know what you think they should do differently, and why (be nice about it).
- Talk to the other bureaucrats and admins: Maybe they are on your side and willing to discuss matters with the troublesome bureaucrat on your beh…
Read more >
Hey Wikians,
I recently joined the Community Support Team at Wikia, and I'll be helping you with your problems and answer any questions you might have.
Just like Andrea, who takes care of the German Wikia community, I grew up in Germany and live in the US now. I'm here to help out all English-speaking users. Before joining Wikia, I worked for a career network called e-fellows.net in Munich. There, it was my job to take care of the online forum and community, a group of about 50,000 students and graduates.
Obviously, Wikia has a much larger number of users and many communities on different topics. Two of my personal favorites are the Game of Thrones and the Lord of the Rings communities – you see, I like dragons, swords and medieval stuff! Bac…
Read more >

subset: commoncrawl


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The New York City Opera is back. Founded in 1944, the NYCO was for decades New York's second opera, living in the shadow of the Met but a decided cut above other intermittent boutique or regional companies (such as, most recently, the Gotham Chamber Opera.) The NYCO found and developed some of the great names in American opera, including Placido Domingo, Jose Carreras, and Beverly Sills. Then, in 2013 it went bankrupt—but now it's back. After a half-season last winter/spring, the NYCO began its first full year in its new incarnation in mid-September, with a double bill of Sergei Rachmaninoff's Aleko and Ruggero Leoncavallo's Pagliacci. It seems determined to test the proposition that in the modern age, what New York needs is another opera company.
But that's nothing new for the NYCO. In many ways, the company has been swimming against the tide since its first founding, which occurred during a series of major, daunting changes in American opera:
[A]fter the 1924 Johnson-Reed Act shut down U.S. immigration from Europe almost completely, the number of immigrants for whom opera was accessible, first-language entertainment began to dwindle. Meanwhile, the Depression significantly affected financial support. By the time that crisis was over, an increasingly self-confident, broader, and less aristocratic U.S. elite felt less obliged to follow European tastes. And as the radical composers of the Second Viennese School and their heirs divorced the intellectual appeal of classical music from the "gut" pull that many feel from the music of Mozart or Verdi, the children of the operagoers who had awaited every new Puccini opera turned to more accessible entertainments.
Under these circumstances, opera houses survived by staging those works that had the broadest possible appeal to the middle and upper classes
The foundation of the NYCO bucked these trends. Conceived, in Fiorello LaGuardia's phrase, as "the people's opera," it spoke to those for whom opera was still a popular entertainment, even in an era when demographics increasingly made that less so. As a result, NYCO was an anomaly from its birth—and always was in search of an identity. This proved both a blessing and a curse. It led it to work hard to find young singers that blossomed into superstars, to give a hearing to new works even as more established companies increasingly relied on the established repertoire, and to try out identities from the radical to the radically traditionalist. (The company was also literally itinerant: shifting from home to home, unlike its big brother the Met, which this year celebrates its 50th season at Lincoln Center.) Ultimately, the NYCO's balancing act, as it had often threatened, toppled.
Now, NYCO gets a second bite at the (big) apple. And the circumstances for it in many ways are promising. It has found a new home at Jazz at Lincoln Center's Rose Theater (which despite its name is not at Lincoln Center, but down the street at the Time Warner complex), a surprisingly intimate 1,100 person venue. We are in the midst of a generational shift in opera, in which subtitles (only commonly used since the 1990s) are leading to the rediscovery of opera as drama and thus expanding the number of pieces available to companies well beyond the 40-odd works that made up the repertoire. These had been chosen for their combination of sustained, superlative music and potential for spectacle in an age when nobody could understand opera's dramatic side. Now, that's all changed.
The NYCO's opening double bill is a great example of this shift. One half of it was a staple of the repertoire: Pagliacci, Leconcavallo's slim, realistic, one-act masterwork about a love triangle in a traveling circus, leading to a double murder during a commedia dell'arte performance. It's laden with irony and pathos, and dreadfully moving. But ninety-nine times out of a hundred, Pagliacci (which is only an hour and a quarter long) is paired with Pietro Mascagni's Cavalleria Rusticana ("Rustic Chivalry"), to the point where they are often referred to as Cav and Pag. The pairing was inspired at first—both are about love triangles that lead to double murders in the Italian countryside, both are masterworks of the verismo (realism) style, at just over an hour long both are short enough to be combined around an intermission for one evening's entertainment. Too often, however, the combination carries all the staleness of a old, married couple's love life, with none of the God-given reasons for them staying together. So the NYCO figured, why not spice it up, and paired Pagliacci instead with a little-seen opera by Sergei Rachmaninoff: Aleko.
This, too, was an inspired choice. There's just enough in common to keep continuity, as Aleko is also just over an hour and tells the tale of a love triangle that ends in a double murder (maybe there was something in the water in the 1890s.) But there's more than enough different to add some spice: Aleko is set in a Russian gypsy camp (and sung in Russian), and features an extended ballet one third of the way through. (This was danced captivatingly by Yana Volkova and Andrei Kisselev.) Where the Italian work focuses on passion, betrayal, and revenge, Rachmaninoff's Russian one—while not ignoring those motives—overlays a heavy emphasis on freedom, choice, and the pain that can often result from both. The gypsy way of life, wandering and free, constantly reminds both singers and audience of these.
Aleko is not going to overtake Cavalleria Rusticana as Pagliacci's regular dance partner anytime soon. It is too uneven musically for that—which is rather a surprise. Rachmaninoff's piano concertos are so passionate that my recording (from the Chandos label) has a silhouette of two people having sex on the front. But the young composer (Aleko was Rachmaninoff's graduation piece from the Moscow Conservatory), while showing flashes of that intensity, could not sustain it consistently throughout the opera.
Nevertheless, it was more than enough recompense for a night out to see it once, particularly with the NYCO's singers. Kevin Thompson made a gaunt and effective Old Gypsy (the wise, tragically unheeded father of the doomed girl), while Inna Dukach as the love interest, Zemfira, both vocally and in her acting managed to seem worthy of everyone's (murderous) interest.
The company's production of Pagliacci, meanwhile, did justice to its reputation as a masterwork. The conducting, under the baton of James Meena, was crisp; the singing and acting of the love interest, Nedda (Jessica Rose Cambio) and the "other" guy, Silvio (Gustavo Feulien) were beautiful and convincing; but at the end of the day, Francesco Anile as Canio stole the show. His "Vesti la giubba" aria, in which he reflects upon his betrayal and terrible anger even as he puts on his clown makeup, brought out the best in his rich tenor voice and arresting stage presence, and in the potential of the Rose Theater's intimate setting. A sense of immediacy, closeness, and terrifying sympathy could be felt, even as you knew what he was about to do next.
The NYCO's schedule for this year can be found here. If they continue to be able to bring creative new ideas and operas (yet with a pleasant lack of gimmicks) and singing talent on the level as this, they will prove that this town, yet again, is big enough for two opera companies.


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Shamed Olympic boxer vows to fight again
SHAMED OLYMPIC boxer Michael O'Reilly this week broke his silence to vow to the Sunday World: "I will be back in the ring."
Speaking for the first time since being booted out of the Olympics over a failed drugs test, O'Reilly also insisted his fight to clear his name is not over.
The Sunday World approached O'Reilly, who is facing a maximum four-year ban from the sport, outside his home in Mountrath on Thursday, where the shock and disappointment of his exit from the tournament was still evident.
When asked if rumours that he had turned his back on boxing had any foundation, Michael told us: "That's not true. I will [box again], but I've no other comment.
"When this is all over I'll release a statement and that'll be very shortly."
The failed dope test that cost O'Reilly a shot at Olympic Gold has already come at a high financial cost for the Portlaoise man.
He is set to lose out on €20,000 in the State funding he was due for the remainder of this year.
The payment is part of a podium grant system, of which half of the €40,000 had already been paid prior to the Olympics.
The talented 23-year-old's career as a boxer, which would likely have seen him turn professional in the near future, is now hanging by a thread.
Although he is not currently banned, he is facing a ban of between two and four years when his case is finalised.
O'Reilly has previously stated that his positive sample was a result of taking a supplement given to him by "someone unrelated to his team or his association".
His solicitor, despite the constant warnings to athletes not to do so, will strongly make the point that it was a mistake.
In a statement issued after his exit from Rio, O'Reilly apologised to his team-mates.
"The adverse finding arises out of a matter which was not deliberate or intentional," the statement read.
"Having received further information, Mr O'Reilly now freely admits that he unintentionally took a supplement that may have contained a prohibited substance.
"Mr O'Reilly was given this supplement by someone unrelated to his team or association.
"Mr O'Reilly disclosed, at the time of the test, that he had taken the supplement.
O'Reilly tells our man he will clear his name
"Mr O'Reilly offers his sincere apology to his fellow boxers, his team-mates, the Irish Athletic Boxing Association, Sport Ireland, the Olympic Council of Ireland and all those who have supported him."
Claiming a supplement was contaminated is an excuse many athletes have used in the past but authorities now apply a policy of 'strict liability' that places responsibility for consuming such a substance squarely on the shoulders of the athlete.
A two-year ban would mean that O'Reilly will not box again until he is 25, while a four-year ban would have the potential to finish his career.
For the duration of the ban, he will not be allowed to associate or compete against any boxers in the Irish system, nor will he be allowed to compete against anyone outside of Ireland.
Nor are the issues facing O'Reilly confined to the boxing ring.
The Sunday World revealed last month how his attendance at the Rio Games came after he was granted three months bail on foot of his arrest on a public order-related bench warrant.
The boxer was arrested on July 7 on foot of the warrant after he failed to show up in court on public order charges.
The court heard he was charged with a number of public order offences at Ballybeg, Littleton, Thurles, on April 18.
The Irish middleweight failed to appear in court to meet the charges on May 3 and a bench warrant for his arrest was issued.
He is scheduled to appear before the court on September 27.


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Part of: This
"There are those who run in the face of danger..."
It shows people running away from a beam of darkness
"... There are those who cause danger..."
It shows Dark Pit shooting the very same wave, laughing. Bowser Jr is then shown chasing after the people with fireballs. Someone bumps into Wario. Wario then farts and laughs.
"... But ever so often there comes someone to stop the darkness. Someone to save the world"
Mario and Luigi jump on Bowser Jr, trying to get him to stop. Peach watches from the distance, and when a goomba comes up, she smacks it with her parasol. Samus' charge beam pushes back Dark Pit's. Link and Pit rush towards a group of Koopa Troopas, their swords out. Pikachu paralyzes a bunch of Metools, and Charizard shoots his fire at them. All of the heroes and Bowser Jr are knocked out. Dark Pit laughs with satisfaction. Suddenly we see Duck Hunt falling from the sky, the dog lands on Dark Pit, which knocks him out.
"The Good. The Evil. They all make..."
Smash Bros Warriors!


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He would keep the picture fuzzy until someone touched the antenna.Outlet Ugg "Larry was suitably impressed, and a few weeks later he came back and it booted up twenty-eight seconds faster," Atkinson recalled.Mens Ugg Butte It was important, his father said, to craft the backs of cabinets and fences properly, even though they were hidden. So Jobs, in his felicitous way, convinced the guy to meet him and Wozniak at a public place. Due to other business commitments, in 1979 Jensen handed over his share of the company to Smith. Then the bottom fell out of the market. So the doctor arranged for the baby to be placed with a lawyer and his wife. size 11 ugg boots for cheap "If he's decided that something should happen, then he's just going to make it happen.Ugg Collection Then the bottom fell out of the market. The slim design is flattering. Many in the counterculture saw computers as ominous and Orwellian, the province of the Pentagon and the power structure. So far he had done all that he had been asked, and had reported success. Someone scrawled on it "Woz in 1990.Ugg Boots For Children SaleUgg Boots Grey" "You make that quite plain.
m. Outlet Ugg There's a reason why humans invented phonetic languages.Ugg Shoes So far he had done all that he had been asked, and had reported success. He also created the company that sprang up around Wozniak's machines." ." Markkula's plan envisioned ways of getting beyond the hobbyist market. [Outlet Ugg] "As I'm climbing the stairs, I told his assistant I am going to take a knife and stab it into his heart," she recounted.
Who can afford to do professional work for nothing? .Ugg Boots For Children Sale He called Intel and asked who created them. Perhaps a better Wordsworth line would have been the poet's description of those involved in the start of the French Revolution: "Bliss was it in that dawn to be alive / But to be young was very heaven!" As Wozniak later exulted, "We were participating in the biggest revolution that had ever happened, I thought. The exponential growth of this industry was correlated with the phenomenon famously discovered by Moore, who in 1965 drew a graph of the speed of integrated circuits, based on the number of transistors that could be placed on a chip, and showed that it doubled about every two years, a trajectory that could be expected to continue. "My mother died when I was born and it makes him wretchedto look at me. [Outlet Ugg] " From his father Jobs had learned that a hallmark of passionate craftsmanship is making sure that even the aspects that will remain hidden are done beautifully.
Once or twice shewondered if he were not gradually falling into a doze. size 11 ugg boots for cheap Just the right length to cover the hips. "We were at a public phone booth. Ben Rosen, the analyst whose newsletters shaped the opinions of the tech world, became an enthusiastic proselytizer for the Apple II. [size 11 ugg boots for cheap] Atkinson stared at the screen, examining each pixel so closely that Tesler could feel the breath on his neck.


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Our family made another trip to Colorado this past summer and capped it off with a trip to Vail - and four nights at the Tivoli Lodge. This was our third stay at the Tivoli, and it was just as exceptional as the first two stays. And summer in the Vail valley is the best kept vacation secret around!
Since people typically read the most recent reviews, so I've included a lot of the information from my last review in 2012 with some updates and suggestions.
Room - impeccably clean (even my very particular wife was impressed), includes small kitchen with sink and mini-fridge, incredibly comfortable beds, room safe, large & luxurious bathroom (huge tub, walk-in shower with body jets, marble all around, nice towels and robes), small balcony to enjoy the fresh air, gas fireplace. You should definitely get a mountain view room (which means you are looking up the mountain since the Tivoli is right at the base - it is not one of those "distant" views by any means!). There is nothing better than waking up, opening the curtains, and start the day with your breath being taken away by Vail mountain, crisp air and the crystal blue sky.
Location - two minutes to walk to the heart of Vail village with plenty of the top restaurants and shopping available. And you can either walk or catch a shuttle to Lion's Head. Couldn't be better!
Staff - the Tivoli staff is a breath of fresh air. Whether it was the front desk (all of whom are bright, cheerful, and always ready to offer assistance), the morning breakfast staff, the housekeeping staff, or even Speed, the chocolate lab who roams the great room on the ground floor, we always felt welcome and at home. Sat and spoke with the owner two days at breakfast; he lives for people having a great experience at his hotel.
Breakfast buffet - another great feature that we enjoyed every day, with a cook there to make you eggs or omellettes, fresh waffles, everything you can imagine. Then you can sit anywhere in the great room enjoying the view of the mountain and the bright sunshine with coffee and fresh orange juice. Sitting in the Tivoli great room and eating breakfast in the morning is always a favorite highlight of our Vail trips. The prices (about $10 for continental or $15 for full) are excellent, expecially for Vail.
No resort fee - all of the other high-end hotels that we've stayed at in Vail charge a daily "resort fee" of $25-$35 dollars per day on top of the room charge. Not the Tivoli!
Parking - parking is available at $15/day (which is cheaper than parking in the Town of Vail parking garage, so very reasonable). Someone from the front desk will park your vehicle for you in their underground garage and get it for you whenever you need it for day trips.
Value - we were in Vail during the tail end of the "off season" (between ski season and summer season). Right around July 4 is the kick-off for summer, so I recommend planning vacation time just before that (the Tivoli has some excellent rates if you book online for the late Spring/early Summer), and most restaurants have discounted menus because of the "off season".
Things to do - summer in Vail is awesome. There are far more activities and things to do in the summer than the winter. NOTE: You will want to go in mid-to-late June or later for the summer season to ensure you aren't restricted in what you can do. During the Spring "melt-off" (when things tend to be wet and muddy and cold) it is beautiful but you can't take advantage of the beautiful scenery and summer amenities - golf, tennis, hot air ballooning, river rafting, hiking, etc. Our favorite activity was to rent bikes and take advantage of all the paved bike trails up and down the valley, and even taking the bikes up on the Gondola to the top of Vail Mountain and riding down.
Vail is our favorite summer vacation spot, and the Tivoli Lodge is the icing on the cake. It is a luxury hotel, but it is small and run exceptionally well. And though it is very high end, you feel like family - the best of both worlds. Thanks!
- Official Description (provided by the hotel):
- Nestled in the heart of Vail Village is the recently rebuilt, family-owned Tivoli Lodge, a luxury ski resort known for years for providing friendly, caring, personal service. The new European-style architecture blends perfectly into the surrounding natural environment, with unobstructed views of Vail's Golden Peak ski area and within steps of the Vista Bahn ski lift. The luxurious and spacious lobby offers stunning mountain views. The Tivoli Lode provides an intimate and unique setting to host a meeting or corporate retreat in Vail, Colorado. Our location, amenities and friendly staff create an environment that is perfect for groups up to 20 people. ... more less
- Reservation Options:
- TripAdvisor is proud to partner with Booking.com, Expedia, Orbitz, Hotels.com, Priceline, Travelocity, TripOnline SA, Hotwire, Cheap Tickets, Cancelon, getaroom.com and HotelQuickly so you can book your Tivoli Lodge reservations with confidence. We help millions of travelers each month to find the perfect hotel for both vacation and business trips, always with the best discounts and special offers.
- Also Known As:
- Tivoli Hotel Vail


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From El Cancienero: Mas Y Mas.


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GRAHAM MULLEN, Senior Judge.
THIS MATTER is before the Court on Defendants' Motion to Dismiss under Federal Rule of Civil Procedure 12(b)(6). (Doc. No. 24); Plaintiffs Response in Opposition (Doc. No. 26); and Defendants' Reply (Doc. No. 27). For the reasons set forth below, the Defendants' motion is GRANTED.
Plaintiff, Steven Gauthier, was a Quality Engineering Supervisor for The Shaw Group, Inc. (the "Shaw Group") at a nuclear construction site in South Carolina from 2010 until his termination in May of 2011. (Doc. No. 19, Amended CompL ¶ 3.) The Shaw Group is a licensee, contractor, and/or subcontractor of a licensee of the Nuclear Regulatory Commission ("NRC" or the "Commission"). (Id. at ¶ 5.) Defendant Shaw Power, Inc. ("Shaw Power") is a wholly owned subsidiary of the Shaw Group. (Id. at ¶ 6.) Defendant Shaw Nuclear Services Inc. ("Shaw Nuclear") is a wholly owned subsidiary of the Shaw Group and Shaw Power. (Id. at ¶ 7.) Defendants Shaw Nuclear, Shaw Power, and the Shaw Group share a Louisiana office at 4171 Essen Lane in Baton Rouge. (Id. at ¶¶ 5-7:) The twenty unidentified individual defendants (the "Individual Defendants") are "in some manner responsible for" and were the proximate cause of Plaintiffs injuries. (Id. at ¶ 8.)
Plaintiff was part of a team performing an audit of a nuclear steel supplier, Gerdau Ameristeel, and discovered that Gerdau Ameristeel shipped defective steel to two nuclear reactor sites and two fuel fabrication facilities. (Doc. No. 19, Amended Compl. ¶ 19-20.) Plaintiff informed several Shaw Group directors and managers of the defective shipment and notified them that he would be required to place a "stop work" on Gerdau Ameristeel or report his concerns to the NRC. (Id. at ¶¶ 21-22.) The directors did not feel such notification was necessary, (Id. at ¶ 22.)
Plaintiffs direct supervisor, David Taggert, directed Plaintiff to inform personnel at two nuclear facilities that they had received nonconforming steel and to forward part of the Gerdau Ameristeel report to one of the fuel fabrication facilities. (Id. at ¶¶ 17, 23.) Plaintiff did so. (Id. at ¶ 23.) Plaintiff believed he was required by law to inform the fuel fabrication facility of the defective steel shipment. (Id.)
Plaintiff alleges that the Shaw Group tried to cover up the audit report by changing the audit report's conclusions from "ineffective" to "effective," and applying the lead auditor's signature to the document electronically after he refused to sign it. (Doc. No. 19, Amended Compl. ¶ 26.) The report was transmitted via email among the Shaw Group's management. (Id.) Plaintiff claims he "directly confronted his supervisor, David Taggert, and reported and voiced his displeasure at the fact that the audit report had been fraudulently altered." (Id.) Plaintiff was concerned that the Shaw Group was violating the Energy Reorganization Act ("ERA") and NRC regulations, and these potential violations created a financial risk for the company. (Id. at ¶ 27.)
Plaintiff contends that Shaw Group management harassed him as soon as he reported his concerns. (Id. at ¶ 28.) Specifically, the Shaw Group "tried to pressure [Plaintiff] . . . to accept the defective product," "forced [him] to constantly defend against verbal attacks on his credibility," "dismissed [Plaintiffs] reports as unimportant," and "routinely told [him that] he was wrong and that nothing would be done." (Id, at ¶ 29.) Finally, Plaintiff claims that Defendants "excluded [him] from audit meetings," "attempted to dissuade [him] from making further reports," and "limit[ed] communications to [him] regarding the Gerdau report and audit." (Doc. No, 19, Amended Compl. ¶¶ 30-31.)
Plaintiff was terminated on May 23, 2011, almost immediately after the Shaw Group's management learned that Plaintiff had sent the audit information to the fuel fabrication facility. (Id. at ¶ 32.) Plaintiff was escorted out of the building by a member of the Shaw Group's Human Resources Department, and was "paraded . . . in front of his co-workers as an example of what would happen should any other employees dare to question The Shaw Group's safety practices," (Id.) After his termination, Plaintiff reported his concerns to the NRC. (Id. at ¶ 33.)
Plaintiff filed this action in April 2012. Plaintiff subsequently filed an Amended Complaint on July 18, 2012 alleging claims under the Energy Reorganization Act (Count I), the Sarbanes-Oxley Act (Count II), and the Dodd-Frank Act (Count III), along with claims for negligent and intentional infliction of emotional distress (Counts IV, V, and VI). Now before the Court is Defendants' Federal Rule of Civil Procedure 12(b)(6) motion to dismiss Counts 11 through VI in their entirety and Count I as against Shaw Nuclear, Shaw Power, and the Individual Defendants.
"To survive a motion to dismiss, a complaint must contain sufficient factual matter, accepted as true, to state a claim to relief that is plausible on its face." Ashcroft v. Iqbal, 556 U.S. 662, 663 (2009). A complaint, therefore, must allege each necessary element of the claim. Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 562 (2007). Determining whether a complaint meets this standard follows a "two-pronged approach." Iqbal, 556 U.S. at 679.
First, the court begins by "identifying pleadings that, because they are no more than conclusions, are not entitled to the assumption of truth." Id "Threadbare recitals of the elements of a cause of action, supported by mere conclusory statements, do not suffice." Id. at 678. Moreover, a court should not assume the truth of "bald allegations" or legal conclusions. Id. at 678-681 (discussing that the Federal Rules of Civil Procedure "do not unlock the doors of discovery for a plaintiff armed with nothing more than conclusions").
Once the court eliminates conclusory pleadings, the court determines whether the remaining factual allegations "plausibly give rise to an entitlement to relief" Id. at 679. The allegations must suffice to "raise a right to relief above the speculative level" Twombly, 550 U.S. at 555. "[T]o survive a motion to dismiss, the complaint `must state a plausible claim for relief that `permits the court to infer more than the mere possibility of misconduct' based upon `its judicial experience and common sense.'" Coleman v. Md. Court of Appeals, 626 F.3d 187, 190 (4th Cir. 2010).
Count I: Energy Reogranization Act 1
Under the ERA, "[n]o employer may discharge any employee or otherwise discriminate against any employee with respect to his compensation, terms, conditions, or privileges of employment because the employee [engaged in protected activity]." 42 U.S.C. § 5851(a)(1). An "employer" is defined as:
42 U.S.C. § 5851(a)(2).
Here, Plaintiff does not allege that the Individual Defendants, Shaw Nuclear, or Shaw Power were his employer. Plaintiff does not allege that the Individual Defendants, Shaw Nuclear, or Shaw Power were licensees, contractors, or subcontractors of the Commission. Nor does Plaintiff allege that these Defendants fit into any of the other enumerated categories. Plaintiff argues that the Court should view his collective use of the term "Defendants" as creating the implication that Plaintiff was in fact employed by all Defendants. (Doc. No. 26, Opposition at 12-13.) The Court finds this argument unpersuasive, particularly in light of the clear and specific factual allegations regarding Plaintiffs employment with the Shaw Group.
While Defendants have not moved to dismiss this claim against the Shaw Group, Plaintiffs factual allegations against the Shaw Group are illustrative of how to properly plead that a defendant is an employer under the ERA. Plaintiff pleads that he "worked as a Quality Engineering Supervisor for Defendant The Shaw Group, Inc." (Doc. No. 19, Amended Compl. ¶ 3.) Plaintiff also specifically alleges that "[t]he Shaw Group is a licensee, contractor and/or subcontractor of a licensee of the Nuclear Regulatory Commission." (Id. at ¶ 5.) For the purposes of a Rule 12(b)(6) motion, this is sufficient to bring the Shaw Group under the definition of "employer" established in Section 5851(a)(2) of the ERA. Plaintiff has made no such specific allegations against the other defendants, and cites no authority in support of the proposition that the collective use of the term "Defendants" is legally sufficient to satisfy their pleading requirement.
Plaintiffs alternative theory of relief against the Individual Defendants, Shaw Nuclear, and Shaw Power under the ERA is that all Defendants were in fact alter egos of the others.
Plaintiff argues that the shared office address indicates that the Defendants were simply a façade for the Shaw Group. (Doc. No. 26, Opposition at 16.) Plaintiff cites two cases in support of this position, however a closer reading of the cases shows that factors other than the shared address factored significantly into the courts' decisions. In Southern Capitol Enterprises, Inc. v. Conseco Services, L.L.C., 476 F.Supp.2d 589 (M.D. La. 2007), the entities involved shared the exact same business function, had substantial overlap among officers and directors, used each other's supplies and equipment, and freely shared employees among the purportedly separate entities. Id. at 597. In Green v. Champion Insurance Co., 577 So.2d 249 (La. Ct. App. 1991), the entities involved had the same directors and officers, were financially dependent on each other, and intermingled their income and expenses in their accounting statements. Id. at 258-59. Plaintiff has made no such allegations here. The sole fact that Defendants shared a common address, along with conclusory allegations of control and concerted action, is insufficient to justify piercing the corporate veil.
For these reasons, Plaintiff has failed to state a claim as to Shaw Power, Shaw Nuclear, and the Individual Defendants under the ERA and the claim is dismissed as against those Defendants. The ERA claim against the Shaw Group remains intact.
B. Count II: Sarbanes-Oxley Act
In order to state a prima facie case under Section 1514A of the Sarbanes-Oxley Act ("SOX"), a plaintiffs complaint must allege: (1) the employee engaged in a protected activity or conduct; (2) the employer knew or suspected, actually or constructively, that the employee engaged in the protected activity; (3) the employee suffered an unfavorable personnel action; and (4) the circumstances were sufficient to raise the inference that the protected activity was a contributing factor in the unfavorable action. 29 C.F.R. § 1980.104(b)(1) (2007).
As to the first element, that the employee engaged in a protected activity, the plaintiff "must show that he had both a subjective belief and an objectively reasonable belief that the conduct he complained of constituted a violation of relevant law." Welch v. Chao, 536 F.3d 269, 275 (4th Cir. 2008) (citing Livingston v. Wyeth, Inc., 520 F.3d 344, 352 (4th Cir. 2008)) (internal quotations omitted). The relevant laws listed in Section 1415A are: "Section 1341 [relating to mail fraud], 1343 [relating to fraud by wire, television or radio], 1344 [regarding bank fraud], or 1348 [regarding securities fraud], any rule or regulation of the Securities and Exchange Commission, or any provision of Federal law relating to fraud against shareholders." 18 U.S.C. § 1415A(a)(1).
There is a split of authority regarding the interpretation of this particular provision. See Reyna v. ConAgra Foods, Inc., 506 F.Supp.2d 1363, 1381-82 (M.D.Ga. 2007) (compiling cases). Plaintiff argues that complaining of mail fraud, wire fraud, bank fraud, securities fraud, or violations of SEC regulations constitutes protected activity under the SOX even if the fraud does not specifically relate to a fraud upon shareholders. (Doc. No. 26, Opposition at 14.) Some courts, like Reyna, agree with Plaintiffs proposition. Reyna, 506 F.Supp.2d at 1382-83. Under this interpretation, only the final category of conduct, the violation of any provision of federal law, must relate to a fraud against shareholders. Id.
The Fourth Circuit, however, follows a different interpretation. "To be protected under Sarbanes-Oxley, an employee's disclosures must be related to illegal activity that, at its core, involves shareholder fraud." Livingston v. Wyeth Inc., No. 1:03CV00919, 2006 WL 2129794, at *10 (M.D.N.C. July 28, 2006), aff'd, 520 F.3d 344 (4th Cir. 2008). In affirming the district court's dismissal of the plaintiffs SOX claim, the Fourth Circuit Court noted several defects in plaintiffs claim, including that "there is no suggestion . . . that Wyeth or its employees had or even intended to mislead shareholders, as necessary to support a reasonable belief that the securities laws had been or were being violated." Livingston v. Wyeth, Inc., 520 F.3d 344, 354 (4th Cir. 2008) (emphasis in original). In keeping with this precedent, the conduct complained of will only be relevant under Section 1415A(a)(1) if it relates to fraud against shareholders.
Applying this standard it becomes clear that Defendants' actions are not within the purview of Section 1415A. Even if Defendants' conduct constituted fraud, it was not of the kind contemplated by the SOX. Plaintiff alleges Defendants changed an audit report conclusion from "ineffective" to "effective," and applied the lead auditor's signature to the altered report. (Doc. No. 19, Amended Compl. ¶ 26.) The report related to an audit of a steel supplier, Gerdau Ameristeel which had discovered that the supplier had shipped defective steel to two nuclear reactor sites and two fuel fabrication facilities for use in safety-related applications. (Id. at ¶¶ 19, 20.) Any fraudulent modification of the safety-related report would not provide a basis for suit under Section 1415A because it in no way reflects attempts to defraud shareholders.
The reporting of safety concerns, even when falsification of documents is involved, is not SOX protected activity. In Leak v. Dominion Resources Services, Case No. 2006-SOX-12, 2006 WL 5676804 (U.S. Dept. of Labor SAROX May 12, 2006), the complainant was terminated after reporting his employer's possible violations of the Pipeline Security Improvement Act ("PSIA"). Id. at *1, PSIA was enacted in order to "improve the safety regulatory program at the Department of Transportation, increase levels of safety throughout our national pipeline system and in the communities through which pipelines run." Id. at *11. The complainant believed his employer had falsified and destroyed documents relating to PSIA violations. Id. at *9. In dismissing the complainant's SOX claims, the court held that "[f]alsification of documents that may or may not evidence a violation of PSIA is not a fraud on the shareholders in the sense of what SOX was promulgated to protect [-] fraud pertaining to corporate accounting and financial practice." Id. As discussed above, Plaintiff here complained of document falsification relating to defective steel, an issue relating directly to safety, not finances or accounting.
Furthermore, Plaintiff's Amended Complaint reflects that he held no objective or subjective belief that his employer's conduct related to a relevant securities violation as required under Welsh, 536 F.3d at 275. Plaintiff's concern was safety. Objectively, when reporting the alleged violation to others within the company Plaintiff recounted that he "had obtained information reasonably indicating that Gerdau Ameristeel failed to comply with the Atomic Energy Act of 1954 and/or the Energy Reorganization Act of 1974." (Doc. No. 19, Amended Compl. ¶ 21.) Plaintiff went on to report that "he was required by . . . the United States Nuclear Regulatory Commission to either place a `stop work' on Gerdau Ameristeel or report the safety concern to the United States Nuclear Regulatory Commission." (Id.) These allegations illustrate that the concerns Plaintiff objectively communicated to his employer involved violations of nuclear safety regulations, not securities violations.
Subjectively, Plaintiff "was especially concerned about the dissemination of this fraudulent audit report and the probability that Defendants could be found guilty of fraud and failure to comply with the [ERA] and NRC regulations." (Id. at ¶ 26.) He also "believed that if Defendants were found guilty of fraud and of violating ERA and NRC regulations, Defendants would inevitably be cited by NRC and penalized by substantial fines." (Id. at ¶ 27.) This shows Plaintiff was subjectively concerned not with securities violations, but of lapses under nuclear safety regulations. Both Plaintiffs objective words and actions as well as his subjective beliefs reflect that he did not believe he was complaining of conduct that would constitute a fraud against Defendants' shareholders at the time he communicated his concerns to his employer. His complaints were clearly aimed at rectifying conduct that raised nuclear safety concerns and constituted possible violations of NRC regulations or the ERA.
Plaintiff failed to allege any conduct by Defendants relating to a fraud against shareholders. Additionally, Plaintiff has not alleged that he held a subjective or objective belief that Defendants' conduct violated a relevant law at the time he communicated his concerns. For these reasons, Plaintiffs Sarbanes-Oxley Act claim is dismissed.
C. Count III: Dodd-Frank Act
Recently enacted as part of the Dodd-Frank Act, Section 21F of the Securities and Exchange Act of 1934 prohibits employers from taking any adverse employment actions against an employee who engages in "making disclosures that are required or protected under the Sarbanes-Oxley Act of 2002." 15 U.S.C. § 78u-6(h)(1)(A)(iii). As discussed supra. Plaintiff's disclosures were not protected under the Sarbanes-Oxley Act. As a result, Plaintiff cannot state a claim under the Dodd-Frank Act, and the claim is dismissed.
D. Counts IV and VI: Intentional Infliction of Emotional Distress
To successfully state a claim for Intentional Infliction of Emotional Distress (IIED) in North Carolina, a plaintiff must show: (1) extreme and outrageous conduct by the defendant, (2) which is intended to cause and does cause, (3) severe emotional distress to the plaintiff Dickens v. Puryear, 302 N.C. 437, 452, 276 S.E.2d 325, 335 (1981). Conduct is only considered extreme and outrageous when it is "so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious, and utterly intolerable in a civilized community." Hogan v. Forsyth Country Club Co., 19 N.C. App. 483, 493, 340 S.E.2d 116, 123 (1986). "Mere insults, indignities, and threats do not constitute extreme and outrageous conduct because plaintiffs must necessarily be expected and required to be hardened to a certain amount of rough language, and to occasional acts that are definitely inconsiderate or imkind." Laing v. Federal Express Corp, No. 3:10-CV-00242, 2011 WL 6072028, at *9 (W.D.N.C. Oct. 13,2011) (internal citations and quotations omitted). "Courts are reluctant to find conduct arising from an employment context to be extreme and outrageous." Id.; see also Thomas v. N. Telecom, Inc., 157 F.Supp.2d 627, 635 (M.D.N.C. 2000) ("it is extremely rare to find conduct in the employment context that will rise to the level of outrageousness necessary to support a claim of [IIED].") When North Carolina courts do find extreme and outrageous conduct in an employment context it typically "involve [s] sexual advances, obscene language, and inappropriate touching." Bratcher v. Pharm. Prod Dev., Inc., 545 F.Supp.2d 533, 545 (E.D.N.C. 2008).
Here, Plaintiff alleges Defendants "retaliated against" him, and that he was "harassed." (Doc. No. 19, Amended Compl. ¶ 28.) Plaintiff claims he suffered "attacks on his credibility" and that his reports were dismissed as unimportant. (Id. at ¶ 29.) He adds that he was "excluded from audit meetings," and that Defendants limited his communication regarding the report and audit. (Id. at ¶¶ 30-31.) Plaintiff also alleges that after his termination he was "parad[ed] in front of his co-workers" as he was escorted out of the building by a human resources employee. (Id. at ¶ 32.) Behavior akin to that Plaintiff alleges is routinely found insufficient to support a claim for IIED in North Carolina. See, e.g. Muggins v. N.C. Dep't of Admin., No. 5:10-CV-414-FL, 2011 WL 3917372, at *7 (E.D.N.C. Sept. 2, 2011) (dismissing IIED claim where plaintiff alleges defendant denied her job assignment, promotions, and other opportunities, set impossible assignment deadlines, and reviewed her performance arbitrarily); Pardasani v. Rack Room Shoes, Inc., 912 F.Supp. 187, 192 (M.D.N.C. 1996) (finding no extreme and outrageous conduct where plaintiff alleges defendant gave plaintiff poor performance evaluations, refused him promotions, excluded him from training, and eventually terminated him); and Clark v. O'Rourke, No. 3:10-CV-527-RJC-DCK, 2011 WL 1400429 at "1, 6 (W.D.N.C. Feb. 22, 2011) (granting motion to dismiss where plaintiff alleged defendant had him escorted from the building after terminating his employment contract).
Plaintiff argues that Dixon v. Stuart, 85 N.C. App. 338, 340, 354 S.E.2d 757, 759 (1987), supports the proposition that bare allegations of ridicule and harassment are sufficient to support a claim for IIED. (Doc. No. 26, Opposition at 26.) The Court finds this argument unpersuasive in light of the significant change in pleading requirements in the intervening 25 years since Dixon was decided. The Supreme Court has since held that a complaint must state specific facts that plausibly give rise to an entitlement to relief Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 557 (2007). Unsupported allegations like those in Dixon are no longer sufficient to survive a Rule 12(b)(6) motion to dismiss. As a result, Plaintiff's argument based on Dixon is unpersuasive.
Plaintiff's complaint contains two separate claims for IIED, however both appear to be based upon the same alleged conduct by the Defendants. (Doc. No. 19, Amended Compl. ¶¶ 59-63, 68-71.) Accordingly, because Plaintiff has failed to allege any actions by Defendants that rise to the requisite level of extreme and outrageous conduct, both Plaintiff's IIED claims are dismissed.
E. Count V: Negligent Infliction of Emotional Distress
Under North Carolina law, in order to state a claim for negligent infliction of emotional distress (NIED) a plaintiff must allege: (1) the defendant negligentiy engaged in conduct, (2) it was reasonably foreseeable that such conduct would cause the plaintiff sever emotional distress, and (3) the conduct did in fact cause the plaintiff severe emotional distress, Johnson v. Ruark Obstetrics and Gynecology Associates, P.A., 327 N.C. 283, 304, 395 S.E.2d 85, 97 (1990). "In a claim for NIED, a plaintiff cannot simply restate facts regarding intentional behavior that form the basis for a claim of IIED to form a claim for NIED." Huggins v. N.C. Dept. of Admin., 5:10-CV-414-FL, 2011 WL 3917372, at *8 (Sept. 2, 2011). In fact, "[t]he law is clear . . . that inherently intentional conduct, such as discrimination, cannot support a claim for negligent infliction of emotional distress." Springs v. Mayer Brown, LLP, No. 3:09-cv-352-MR-DSC, 2009 WL 3461231, at *7 (W.D.N.C. Oct. 20, 2009). "Without question, basing a claim upon intentional conduct and simply labeling it as negligent is untenable as an attempt to state a cause of action for negligence." Riepe v. Sartedt, No. 5:09-cv-00104, 2010 WL 3326691, at *4 (W.D.N.C. Aug. 23, 2010).
Here, Plaintiff claims Defendants "were negligent in failing to take adequate measures to prevent and remedy the unlawful mistreatment of Plaintiff, including failing to correct the behaviors of those who sought to harass and retaliate against him for engaging in protected activity." (Doc. No. 19, Amended Compl. ¶ 65.) Plaintiff argues in his IIED claims that "Defendants' conduct. . . was extreme and outrageous and was done with the intent of causing Plaintiff to suffer emotional distress" (Id. at ¶ 60), and that "[t]he conduct by Defendants' managerial employees and agents was intended to cause . . . severe emotional distress." (Id. at ¶ 70.) In essence, Plaintiff argues that Defendants intentionally harassed and mistreated Plaintiff while at the same time negligently failing to prevent or correct the harassment. A similar argument was rejected by the court in Riepe, saying:
Riepe, 2010 WL 3326691 at *5 (internal quotations and citations omitted). Taking all the allegations as true and construing them in the light most favorable to Plaintiff, it appears that Plaintiff only alleged intentional behavior by Defendants.
For the reasons stated above, Defendants' Motion to Dismiss is


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- cosmetic case
- noun Date: 1948 a small piece of luggage especially for cosmetics
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Rice University aspires to path-breaking research, unsurpassed teaching, and contributions to the betterment of our world. It seeks to fulfill this mission by cultivating a diverse community of learning and discovery that produces leaders across the spectrum of human endeavor. As part of a recently launched $150 million investment in research initiatives designed to support this mission, and with support and leadership from the Rice University Board of Trustees , we are pleased to announce the establishment of the Rice University Academy of Fellows (RUAF).
RUAF fosters intellectual exchange and advancement of research through the creation of an interdisciplinary community of Rice Academy Faculty Fellows and Rice Academy Postdoctoral Fellows. The work of the Rice Academy includes exciting academic and research programming. With the 2017-2018 cohort, the Rice Academy will focus on scholarship and creative activities broadly related to health, inequality, and data science.


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Name: Persian Legend PL819G
Manufacturer: Safavieh Rugs
Collection: Persian Legend
Material: Wool
Construction: Hand Tufted
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276 pages, colour photos
When author Jeff Rotman began his adventures as an underwater photographer more than 40 years ago, he relished the beauty of the deep sea and the thrill of the hunt. A member of an elite group of photographers, he has captured iconic photographs of sharks and other creatures of the deep that can be seen in National Geographic as well as the Discovery Channel's Shark Week television series.
Rotman's passion for photographing marine life took a dramatic turn when he found a pile of sharks at the bottom of the sea stripped of their fins and left to die by rogue fisherman. The Last Fisherman documents the catastrophic changes in ocean wildlife and the people whose lives depend on hunting it. Rotman has witnessed the near commercial collapse of cod fisheries in the North Atlantic and the growth of illegal poaching in the protected waters of Cocos Island which threatens this fragile ecosystem long admired by divers for the shark and ray populations. His journey mirrors our view of the oceans as places of wonder, to the fragile hunting grounds they are today.
In his introduction, marine biologist Les Kaufman discusses how the "emptying out of the oceans" has progressed over time. But he also includes stories of hope as scientists, fisherman – and observers like Jeff Rotman – come to agree that the time is now for a new approach to the most fundamental of human activities, finding sustenance in the water around us.
"Otherworldly stunning [...] Wow."
– Chicago Tribune
"Rotman [...] transform[s] information about the catastrophic changes in the ocean into a pognant personal narrative [...] This book is not only a treasure to be cherished by nature enthusiasts but also an intriguing resource that ought to make its way into science classrooms."
– Publisher's Weekly
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Jeffrey L. Rotman is one of the world's leading underwater photographers. His award-winning work has been featured on television as well as in National Geographic, Life, Time, Smithsonian, Natural History, and The New York Times Magazine, and in many other publications. Rotman is the author of numerous books, including Shark! and Underwater Eden: 365 Days.
Yair Harel is an author of books and materials on popular science. Harel, also a diver, lives in Tel Aviv, Israel.
Les Kaufman is professor of marine biology at Boston University. Kaufman is also marine conservation fellow for Conservation International and research scholar at the New England Aquarium. He won the Parker Gentry Award for Conservation Biology in 2011 and recently received a MacArthur grant.


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by Paul H. Kupiec
- 850026 Will TLAC regulations fix the G-SIB too-big-to-fail problem?
by Paul H. Kupiec
- 841153 Capital for concentrated credit portfolios
by Paul H. Kupiec
- 841152 Generics substitution, bioequivalence standards, and oversight of international pharmaceutical producers: Complex issues facing the FDA
by Aparna Mathur & Roger Bate
- 837343 Portfolio diversification in concentrated bond and loan portfolios
by Paul H. Kupiec
- 834894 Innovation and uncertainty in the medical industry: Evidence from the case of Myriad Genetics, Inc
by Stan Veuger & Jeffrey Clemens
- 828488 Testing for systemic risk using stock returns
by Paul H. Kupiec
- 826926 Measuring and communicating Social Security earnings replacement rates
by Andrew G. Biggs & Sylvester J. Schieber & Gaobo Pang
- 819414 Can the 'single point of entry' strategy be used to recapitalize a failing bank?
by Peter J. Wallison & Paul H. Kupiec
- 795620 State taxation of interstate commerce and income flows: The economics of neutrality
by Alan D. Viard & Ryan Lirette
- 416683 Shops and the city
by Stan Veuger & Daniel Shoag
- 415891 Overpaid or underpaid? A state-by-state ranking of public-employee compensation
by Andrew G. Biggs & Jason Richwine
- 415524 House prices and land prices under the microscope: a property-level analysis for the Washington, DC area
by Edward J. Pinto & Stephen D. Oliner & Morris A. Davis
- 684 Strategic voting in proportional representation systems
by Stan Veuger & Tim Ganser
- 10338 Do volatile firms pay volatile earnings? Evidence using linked worker-firm data
by Michael R. Strain
- 4794 Empowering women through employment, earnings and wealth in India
by Aparna Mathur & Sita Nataraj Slavov
- 4618 Is the information technology revolution over?
by Stephen D. Oliner & Daniel E. Sichel & David M. Byrne
- 3651 In name only: Are free trade zones assisting capitalism or criminals and crony capitalists?
by Roger Bate
- 691 Can regulatory oversight help firm performance? Evidence from U.S. commercial banks
by Stan Veuger & Kristin Wilson
- 30224 Combating dangerous medicines: Differences in quality of medicines sold by small pharmacies and large chain pharma
by Roger Bate
- 25872 The impact of Act 10 on public sector compensation in Wisconsin
by Andrew G. Biggs & Jason Richwine
- 20310 A simple measure of the distributional burden of debt accumulation
by Matt Jensen & Aspen Gorry
- 16021 Swings in commercial and residential land prices in the United States
by Stephen D. Oliner & Joseph B. Nichols & Michael R. Mulhall
- 2786 Do political protests matter? Evidence from the Tea Party movement
by Stan Veuger & Daniel Shoag & Andreas Madestam & David Yanagizawa-Drott
- 49156 The United States and China: macroeconomic imbalances and economic diplomacy
by Philip I. Levy
- 47508 Comparing Federal and Private Sector Compensation
by Andrew G. Biggs & Jason Richwine
- 47669 Distributional Impacts in a Comprehensive Climate Policy Package
by Kevin A. Hassett & Aparna Mathur & Gilbert E. Metcalf
- 16693 A Guide for Deficit Reduction in the United States Based on Historical Consolidations That Worked
by Kevin A. Hassett & Andrew G. Biggs & Matt Jensen
- 49591 Policies to Improve the Resiliency of Long-Term Social Security Financing
by Andrew G. Biggs
- 49489 The Consumer Burden of a Cap-and-Trade System with Freely Allocated Permits
by Kevin A. Hassett & Aparna Mathur & Gilbert E. Metcalf
- 43042 The Incidence of a U.S. Carbon Tax
by Kevin A. Hassett & Aparna Mathur & Gilbert E. Metcalf
- 49743 Predicting Tax Reform
by Kevin A. Hassett & Aparna Mathur
- 49742 Revenue-Maximizing Corporate Income Taxes
by Kevin A. Hassett & Alex Brill
- 49726 The Taxation of Corporate Gains on Sales of Depreciable Property (Technical Version)
by Kevin A. Hassett & Alan D. Viard
- 49722 Foreign Direct Investment, Corruption, and Democracy
by Aparna Mathur & Kartikeya Singh
- 49659 The Dormant Commerce Clause and the Balkanization of the Municipal Bond Market (with Technical Appendix)
by Alan D. Viard
- 49824 Taxes and Wages
by Kevin A. Hassett & Aparna Mathur
- 49800 Taxes and Wages
by Kevin A. Hassett & Aparna Mathur
- 49797 Competition and Shareholder Fees in the Mutual Fund Industry
by R. Glenn Hubbard & John C. Coates IV
- 49767 The Welfare Effects of Pay-as-You-Go Retirement Programs
by Alan D. Viard
- 49941 Rethinking the California Air Resources Board's Ozone Standards
by Joel Schwartz
- 49939 Rethinking the California Air Resources Board's California Ozone Standards
by Aei
- 49882 Are Small Businesses the Engine of Growth?
by Veronique de Rugy
- 49881 The Politics and Economics of Offshore Outsourcing
by Phillip Swagel & N. Gregory Mankiw
- 49879 How Do Tax Policies Affect Low Income Workers?
by Kevin A. Hassett & Anne Moore
- 49878 The 2003 Dividend Tax Cuts and the Value of the Firm
by Kevin A. Hassett & Alan J. Auerbach
- 49877 Optimal Long-Run Fiscal Policy
by Kevin A. Hassett & Alan J. Auerbach
- 771481 The Impact of Driver Cell Phone Use on Accidents
by Robert W. Hahn & James E. Prieger
- 50018 Federal Government Debt and Interest Rates
by R. Glenn Hubbard & Eric M. Engen
- 50016 Replacing the Income Tax with a Progressive Consumption Tax
by Daniel Shaviro


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This is a weekly event, originally created by Book Chick City and now hosted right here, where we showcase the books which are currently top of our wishlists. Old, new or yet to be released titles are all welcome. And why keep it to books? Spot some awesome book accessory or related item that you can wait to own? Share that with us too. Feel free to take the meme button below for your post and don't forget to come back and add your post to the linky every Saturday so others can visit.
On My Wishlist This Week
I don't think my choices this week could be any more different. I'm definitely finding a variety keeps me a happier reader (after I read my fifth dystopian YA in a row!) Anyway, one YA one adult this week...
Chain Reaction by Simone Elkeles Like his brothers, Luis Fuentes is a risk taker; whether he's scaling the Rocky Mountains or dreaming of a future as an astronaut, Luis is always looking for the next thrill. Nikki Cruz lives her life by certain rules -, don't trust a boy who says "I love you", boys lie to get their own way and never date a boy from the south side of Fairfield. Then she meets Luis at his brother Alex's wedding and suddenly she's tempted to break all her rules. Getting Nikki to give him a chance is Luis's biggest challenge, until he finds himself targeted by the head of the gang that nearly destroyed his brothers' lives. Will Luis's feelings for Nikki be enough to stop him from entering a dark and violent world that could prove to be the ultimate risk?
This one's already out in the US and due for publication in the UK this July. I've loved the previous two books and can't wait for more from the delicious Fuentes brothers (phew at that cover!):D
The Uninvited Guests by Sadie Jones A sinister tale of haunting beauty, from The Outcast author Sadie Jones.
She was obeying a prompt, an instinct: the instinct that makes a dog lying by the fire tremble of a sudden, and whimper, when there is no one near to see.
The cake is iced. The wine decanted. The house gleams invitingly. But as Sterne prepares for Emerald Torrington's birthday supper, who are the pale strangers struggling silently up the drive?
A supernatural comedy and spellbinding thriller, The Uninvited Guests strips away the respectable layers of Edwardian society to reveal the dark secrets beneath.
'What a delicious read! Like something written by a wicked Jane Austen. Passing like a spring fever, here is a fairy tale that stays with you long after it is gone.' Sarah Blake, author of The Postmistress
This one came up on my Amazon vine list a few months ago, but was snapped up so quickly I missed it :( I read The Outcast by Sadie Jones a few years ago and really enjoyed it. This one sounds very different though. I love the cover, the setting and the fact it sounds so unusual.
So what's on your Wishlist this week?


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The vehicle in your driveway is head and shoulders above the rest compared to all the other vehicles these days. While it's not hard to find replacement parts for Lexus vehicles, these days the necessity for nothing but the absolute best are required to fix your automobile. Obviously, you didn't buy your GS460 unless you understood you would be getting best-in-class service and a trusted brand both impeccably combined into one automobile. Your Lexus dealership isn't the only place to locate genuine or original equipment quality replacement parts for your GS460.
Your car or truck has a water-cooled motor, and its thermostat keeps the coolant flowing in the right direction so that your engine can maintain a constant and ideal operating temperature. On start-up, the thermostat remains closed; bypassing the flow of coolant through your radiator. This gets the coolant hot so that the engine warms up. Once it reaches the right temperature, your Lexus GS460 thermostat then opens up and allows the coolant into the radiator. Now your coolant is part of a constant cycle in your Lexus GS460 engine that keeps it at a steady and controlled temperature determined for the engine to achieve the best balance between power, fuel efficiency, and emissions... all thanks to the thermostat.
Ordering new Lexus parts from www.carpartsdiscount.com means you are paying the lowest prices for the most superior original and aftermarket replacement GS460 parts on the internet. At Car Parts Discount, we have live customer service members here with enough expertise to help you buy the appropriate Lexus GS460 part for your project or repair. When your Lexus requires a top quality replacement Thermostats, there's no need to trust any store other than the authority, Car Parts Discount. If your car or truck was built in 2011, 2010, 2009, 2008, then you will find the correct Lexus GS460 Thermostats parts right here.


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Slice & Bake Coffee Spice Cookies
Recipe by MARIA MAC
Very easy to make. You can even make ahead of time and freeze rolls till ready to bake. Just defrost in the refrigerator.
Top Review by J. Ko
These were are very nice cookie and will definitely go on my "make again" list. I did not follow the recipe exactly as listed because I do not use shortening in my baking. I used butter instead. I think I will play with the quantities of spices and coffee to see if I can intensify the flavours without making them too overpowering. Don't get me wrong; the recipe is very good as is. I just like tinkering. Made for Comfort Cafe tag game.
See Discussion:1 Review
Ingredients Nutrition
- 1 teaspoon instant coffee
- 1 teaspoon hot water
- 1⁄2 cup Butter Flavor Crisco
- 3⁄4 cup brown sugar, packed
- 1 egg
- 1⁄2 teaspoon vanilla
- 1 1⁄2 cups all-purpose flour
- 1 teaspoon baking powder
- 1⁄2 teaspoon ground cinnamon
- 1⁄4 teaspoon ground nutmeg
- 1⁄4 teaspoon salt
- 1⁄3 cup chocolate sprinkles
Directions See How It's Made
- In measuring cup dissolve instant coffee in hot water.
- In large mixing bowl, cream butter flavor Crisco, brown sugar, egg, vanilla and coffee mixture until light and fluffy.
- Mix in flour, baking powder, cinnamon, nutmeg and salt.
- Divide dough into two equal parts. Shape each part into roll 1-1/2" in diameter and about 7" long.
- Roll in chocolate jimmies, pressing lightly. Wrap; refrigerate for at least 2 hours.
- Preheat oven to 375° . Cut rolls into 1/4" slices. Place slices 1" apart on ungreased baking sheet.
- Bake for 6-8 minutes, or until set. Transfer to cooling rack.


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10K Gold 15.5mm Medium Continuous Hoop Earrings
Item# 18687863
Enjoy this pair of hoop earrings any day of the week. These 10K gold earrings are 1.5 X 15.5mm in size and secure with wire backs.
Typographic errors are subject to correction. Merchandise enlarged to show detail and may not always be exactly as pictured. Promotions, prices, styles and availability may vary by store and online.


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Photo by: Dancing with the Stars/ABC
The new season of Dancing with the Stars is going to be wild! This group of dancers are from every corner of the celebrity world, which makes for great TV. Star's eighth season starts March 9 on ABC with some surprising choices!
Denise Richards,will be dancing up a storm. Lately she's been
infamous famous, for her ugly divorce from Charlie Sheen and her reality show, It's Complicated.
I give Access Hollywood's Nancy O'Dell big snaps for taking the dance floor, as well as Apple co-founder Steve Wozniak and Rodeo star Ty Murray! I'm sure Wozniak and Murray are going to take heat for being on the show, since tech gurus and rodeo stars aren't known for their ballroom dancing.
The new group of dancers include a wide range of celebs:
- Access Hollywood's Nancy O'Dell
- Rapper Lil' Kim
- Former New York Giants linebacker Lawrence Taylor
- "Jackass" wild man Steve-O
- Actress and reality show star Denise Richards
- Olympic gold medalist Shawn Johnson
- Singer Jewel
- Rodeo star Ty Murray (who is also Jewel's husband)
- Actor and comedian David Alan Grier
- "Sex and The City" guy candy Gilles Marini
- Country singer Chuck Wicks (who is also Julianne Hough's boyfriend)
- Former Go-Go's singer Belinda Carlisle
- Co-founder of Apple Computers, Steve Wozniak.
Don't even get me started on how psyched I am about Belinda Carlisle, Jewel and Lil' Kim being on Dancing with the Stars! Are you psyched for the new season?
Do you think the variety of different dancers is way cool? Talk to me!


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Small Scale Yielding Model for Fracture Mechanics - new
K. C. Koppenhoefer[1], J. Thomas[1], J. S. Crompton[1]
[1]AltaSim Technologies, LLC., Columbus, OH, USA
Computational tools based on the finite element method have been used extensively to develop solutions for elastic and elastic-plastic fracture mechanics problems. This work uses a small-scale yielding model to compare results developed from COMSOL Multiphysics® with another finite element modeling package and analytical solutions. Analysis are conducted for elastic, and elastic-plastic ...
Fluid Motion Between Rotating Concentric Cylinders Using COMSOL Multiphysics® Software
P. L. Mills [1], K. Barman [1], S. Mothupally [1], A. Sonejee [1],
[1] Texas A&M University - Kingsville, Kingsville, TX, USA
Introduction Fluid flow patterns in research or process-scale equipment where a fluid is contained between concentric rotating cylinders in the absence of bulk axial flow has received notable attention in the field of fluid mechanics. Annular flows occur in many practical applications, such as in the production of oil and gas, fluid viscometers, centrifugally-driven separation processes, ...
Stochastic Approach in Approximation of the Transient Plasma Sheath Behavior in FEM
J. Brcka
TEL US Holdings, Inc., Albany, NY, USA
Recently, the advanced plasma tools have been using very high frequency power sources (>100 MHz) and their combination to excite plasma utilized in semiconductor technology. This approach is evoking the regimes that are less understood and currently a subject to many studies and experimental investigations. The paper describes quasi-stochastic approach applied for sheath properties and ...
CVD Graphene Growth Mechanism on Nickel Thin Films - new
K. Al-Shurman[1], H. Naseem[2]
[1]The Institute for Nanoscience & Engineering, University of Arkansas, Fayetteville, AR, USA
[2]Department of Electrical Engineering, University of Arkansas, Fayetteville, AR, USA
Chemical vapor deposition is considered a promising method for synthesis of graphene films on different types of substrate utilizing transition metals such as Ni. However, synthesizing a single-layer graphene and controlling the quality of the graphene CVD film on Ni are very challenging due to the multiplicity of the CVD growth conditions. COMSOL Multiphysics® software is used to investigate ...
Models of Simple Iron Cored Electromagnets - new
J. Mammadov[1]
[1]University of Manchester, Manchester, UK
This report mainly discusses the implementation and results of a project proposal, "Modelling using Finite Element Methods". The report is devoted to implementation, which is a model of an electromagnet. The software tool that is used to model the electromagnet is COMSOL Multiphysics®, a commercial FEA package provided by the University of Manchester, Computer Science School. Additionally, the ...
Heat Transfer and Phase Change Simulation in COMSOL Multiphysics® Software
N. Huc [1]
[1] COMSOL France, Grenoble, France
This session is devoted to phase change modeling in heat transfer simulations. The great interest in phase change comes from the outstanding thermal performance that it enables in particular for cooling or thermal protection applications. Alternatively, phase change can induce most of the energy cost in drying or cooking applications. In all of these cases, a thermal analysis is required to ...
Comparison Between Phase Field and ALE Methods to Model the Keyhole Digging During Spot Laser Welding
V. Bruyere[1], C. Touvrey[1], P. Namy[2]
[1]CEA-DAM, Is-sur-Tille, France
[2]SIMTEC, Grenoble, France
Nowadays, spot laser welding is a full-fledged part of industrial manufacturing and is routinely used due to its advantages. It generates very located temperature gradients, and therefore, induces small distortions in the pieces. The COMSOL Multiphysics® software is used to model the interaction stage of an isolated impact made with a Nd:YAG pulsed laser. The free surface evolution has been ...
Air Damping of Oscillating MEMS Structures: Modeling and Comparison with Experiment
S. Gorelick[1], M. Leivo[1], U. Kantojärvi[1]
[1]VTT Technical Research Centre of Finland, Espoo, Finland
Excessive air damping can be detrimental to the performance of oscillating MEMS components. Complex systems, such as structures in pre-etched cavities or angular comb-drive scanning mirrors, typically require simulations to reliably evaluate the air damping. The simulated and experimental performance of the following systems was evaluated and compared: two types of out-of-plane cantilevers, in ...
A Practical Method to Model Complex Three-Dimensional Geometries with Non-Uniform Material Properties Using Image-based Design and COMSOL Multiphysics®
J. Cepeda[1], S. Birla[2], J. Subbiah[2], H. Thippareddi[1]
[1]Department of Food Science & Technology, University of Nebraska, Lincoln, NE, USA
[2]Department of Biological Systems Engineering, University of Nebraska, Lincoln, NE, USA
Geometries with heterogeneous material properties are typically defined as a set of multiple parts, each part representing a different material. However, assembling or defining the individual parts of complex geometries can be difficult. A practical method based on image-based mesh generation, a custom algorithm for labeling materials, and interpolation functions of COMSOL Multiphysics® can be ...
Modeling of a Counter Flow Plate Fin Heat Exchanger - new
R. Jia[1], J. Hu[1], X. Xiong[2]
[1]Department of Mechanical Engineering, University of Bridgeport, Bridgeport, CT, USA
[2]Department of Electrical and Computer Engineering, University of Bridgeport, Bridgeport, CT, USA
Plate fin heat exchangers are widely used for heat recovery or cooling purposes in many industries, such as cryogenics, aerospace and automobile industries. This paper developed a numerical model to simulate the heat transfer and fluid flow in a counter flow plate fin heat exchanger and optimize its design parameters. The conjugate heat transfer in the finned plate and fluids in the channels ...


text: Bundesliga Hahn exclusive: 'Our comeback was a big fairytale' vor 2 Stunden Summary Andre Hahn had a hand in six goals in Gladbach's last four games.Scored a brace against Leverkusen which clinched a top-four finish."You can only refer to it as crazy!" It goes without saying that Andre Hahn was Borussia Mönchengladbach's ace in the hole during the final straight of the 2015/16 campaign as the Foals clinched a top-four finish and, with it, UEFA Champions League qualification.Even Hahn's most earnest supporters would hardly have believed it possible that the 25-year-old would have such an impact, let alone so quickly, on his side's fortunes following an horrific knee injury suffered in October 2015. In an exclusive interview with bundesliga.com, Hahn discusses the difficult road to recovery, is openly critical of himself and explains why he understands being looked over by national team head coach Joachim Löw ahead of UEFA EURO 2016.bundesliga.com: Andre Hahn, the story of Borussia's season, as well as your own, paints a picture of a phoenix rising from the ashes…Andre Hahn: Exactly that! After five Matchdays we were bottom of the table, didn't have a single point to our name and were without a head coach. Then in the end we managed to secure Champions League qualification. Our comeback was a small, in fact big, fairytale for us and is almost comparable to winning the Bundesliga title in our eyes. As far as I know it is a performance for the history books, because I don't think a team, one who had no points after five games, has ever gone on to qualify for Europe in the same season. Considering the long list of long-term absentees we had to deal with this season you can only refer to it as crazy! bundesliga.com: You were one of those long-term absentees you mention, but even before you got injured things were not going as well as you had hoped considering you were playing second fiddle…Hahn: I think 'second fiddle' is probably the perfect term to describe my first half of the season. I was always thrown on at the very end of matches for a few minutes, if at all. In the 5-1 win in Frankfurt I managed to score twice, but the following game was the 3-1 win over Schalke in which I suffered my nasty injury. After that I had a lot of time to reflect on everything and to work on myself, not just in a physical sense, but a mental one as well. bundesliga.com: During that time did you ever fear that you might not make it back at all, let alone before the end of the season?Hahn: Fear of my career ending is a bit too extreme. Fortunately, it was clear early on that the injury, despite being a serious one, wouldn't leave behind any lasting damage. That gave me courage. I was always aware of what I would be able to accomplish and that I could be an important player for the team when I'm fully fit. I've already proven that in the past. When I then received the backing of the head coach at the start of April and got my chance, I was able to repay that faith with goals. Ultimately the team made life very easy for me and wasted little time in integrating me back into the system. I was only able to score those goals because my team-mates always provided the assists at the crucial moment. bundesliga.com: Head coach Andre Schubert referred to you as a "mentality monster". Where does your mental strength come from?Hahn: I've always been that way. I'm not the most technically gifted player, who will try tricks and flicks, or play clever little one-two-threes. I'm all about the willingness to run and fight and bring unbridled ambition to the table. This self-awareness was ultimately what saw me make my mark in the Bundesliga and what earned me a move to Borussia. Maybe those qualities were the things that went missing a little bit though. It's not like I wasn't trying to give my all, but something was missing at the start of the season. Perhaps the willingness and determination to take another step forward weren't quite as strong as before.bundesliga.com: Being so openly self-critical is something we do not witness in the football world much…Hahn: That might well be, but there had to be a reason behind me not featuring as often at the start of the campaign and I possibly looked elsewhere for those reasons. That was my mistake. It wasn't as if the head coach was really unhappy with me. On the contrary, he seemed to be pleased with my efforts. However, when you're not playing in spite of that, then at some point it has to become clear that something is missing. Then you've got to look at yourself. You've got to start throwing everything into it again until you reach the point, where, as it's so nicely put, the head coach doesn't have any other option than to include you in the starting line-up. bundesliga.com: "Running and fighting is always possible" is something you have said yourself in the past…Hahn: That's my motto! There will always be days when you can't find a team-mate with any of your passes or when nothing goes your way, but you can always help the team if you're willing to run until you collapse. Furthermore, as a striker you also have the advantage of being able to decide a match with a single moment that goes your way.bundesliga.com: After making such an impressive comeback, is it safe to assume that you may be a little upset that the season had to come to an end?Hahn: At the end of the day…yes! [laughs] But what could be nicer than going into the summer break with such a positive feeling?! For me it also comes down to making a commitment. I want to maintain this level of performance in the upcoming season and will be working hard on myself during the downtime to make sure that happens. bundesliga.com: Are you at all disappointed that Joachim Löw did not call you up into his preliminary squad for EURO 2016?Hahn: No. Ok, I had a good run recently, but you can't put too much weight on that. The national team head coach could and can call upon a number of top quality players and I've only ever made one appearance for the national team. That was two years ago already though. I have never been an established member of the first team and am no Bastian Schweinsteiger, who will automatically be included despite a lengthy spell on the sidelines through injury. For me it's better to look at my situation with a realistic perspective and to keep my feet on the ground.Interview by Andreas Kötter More news Bundesliga Gladbach's Hahn happy with victory over Darmstadt Champions League 'Need to keep believing' Bundesliga Lars Stindl exclusive interview: 'I'm happy with the way things are going' Free! Get the Bundesliga newsletter delivered straight to your inbox. Sign up today! Subscribe


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The Railroad Museum of PA
The Railroad Museum of PA features one of largest collections of historic railroad artifacts in the world. Browse over 100 locomotives and cars from the mid-19th century and 20th century. Visit for a special event or children's program.
- Motorcoach Parking:
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