text:
By NEMS Daily Journal
Basic human flaws seem to grow into the worst problems in relationships. For example, what starts in childhood as back-seat feuds between siblings about space, touch, candy and parental attention usually subsides or disappears as young siblings mature, but adulthood is no guarantee that those childhood issues won't become life-complicating divisions.
Henri Nouwen, the late priest and writer, plumbed the depths of broken relationships and the possibility of healing in his extensive comments and meditations on Jesus' Parable of the Prodigal Son (Luke 15). Nouwen, citing the prodigal parable and the story of laborers in the vineyard, discusses damaging jealousy as causes of divisions between people – and between people and their faith relationship with God.
Nouwen writes, "In the parable of the prodigal son, the elder son is jealous that his younger brother gets such a royal welcome even though he and his loose women swallowed up his father's property (Luke 15:30). And in the parable of the laborers in the vineyard, the workers who worked the whole day are jealous that those who came at the eleventh hour receive the same pay as they did (see Matthew 20:1-16). But the Father says to the older son: 'You are with me always and all I have is yours' (Luke 15:31). And the landowner says: 'Why should you be envious because I am generous?' (Matthew 20:15).
"When we truly enjoy God's unlimited generosity, we will be grateful for what our brothers and sisters receive. Jealousy will simply have no place in our hearts."
The ultimate point Nouwen makes is that jealousy and other insecurities rise in part from forgetting that the father in the parable of the prodigal and the owner in the story about the laborers are both metaphors for a generous and welcoming God.
"How do we welcome home our lost brothers and sisters?" Nouwen asks. "By running out to them, embracing them, and kissing them. By clothing them with the best clothes we have and making them our honored guests. By offering them the best food and inviting friends and family for a party. And, most important of all, by not asking for excuses or explanations, only showing our immense joy that they are with us again. (See Luke 15:20-24).
"That is being perfect as our heavenly Father is perfect. It is forgiving from the heart without a trace of self-righteousness, recrimination, or even curiosity. The past is wiped out."
Frederic Luskin, a Stanford researcher who studies the effects of forgiveness, defines it as "…the moment to moment experience of peace and understanding that occurs when an injured party's suffering is reduced by the process of transforming a grievance they have held against an offending party."
Who has not felt the virtually physical lifting of emotional weight when forgiveness is extended?
Luskin also says that forgiveness is not forgetting because acknowledging negative emotions and events must happen before forgiveness.
Forgiveness, he says, is not treating an offense as acceptable behavior in the future.
Forgiveness is, first and foremost, an internal process, he said.
All those who have forgiven or have been forgiven can identify with these characteristics:
– Forgiveness shapes a path to freedom.
– Forgiveness frees people from the compulsion to control.
– Forgiveness breaks patterns that would otherwise interfere with future relationships.
– Forgiveness usually requires time and effort.
And always, forgiveness offers an opportunity for starting over with a clean slate.


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A National Indoor Football League franchise is in negotiations to bring a team to the Toledo market for the 2007 season. The NIFL seasons begins in March.
The NIFL, headquartered in Lafayette, La., has 22 teams divided into two divisions, the Atlantic and Pacifi c. There are two teams in Ohio playing in the Atlantic division: Dayton and Cincinnati.
The league has been in operation since October of 2000.

subset: commoncrawl


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Talk:When The Bough Breaks (episode)
Back to page
this wiki
Maintenance links
- MA files from this episode (6) • MA remastered files from this episode (74)
- Template:Titles/When The Bough Breaks yields When The Bough Breaks (TNG 1x17)
For general discussion on this episode, visit the TNG forum at The Trek BBS.
Page Title Edit
Should not the article "the" be non-capitalized in order to be consistent with other episode title pages and just good form in general? Ds093 19:56, 12 September 2007 (UTC)
- The episode titles are done how they did them on screen with the title cards. If they were inconsistent or in bad from, so are we. --OuroborosCobra talk 20:03, 12 September 2007 (UTC)
- No problem. Works fine for me. Thanks.-– Ds093 02:35, 13 September 2007 (UTC)
Inapropriate reference? Edit
I just noticed that "bad personal hygiene" is listed as a reference in this episode. I just watched the ep and didn't pick up on any such reference. Did I miss something or has it been incorrectly added? – Pesky 21:48, 10 February 2008 (UTC)
- It is seen on a desktop monitor in the episode when Crusher is looking for causes of the Aldean's infertility. --Jörg 21:55, 10 February 2008 (UTC)
Removed blooper Edit
I removed the following:
- A blooper can be seen after Riker's encounter with Harry at the beginning of the episode; after entering the turbolift, a pole of some kind (perhaps a light) is visible on Riker's left.
–––– Willie LLAP 16:06, 14 July 2008 (UTC)
- I was just about to add this as a "Revealing Mistake." Was there a reason that it was removed?--Asleep.in.thered 00:52, March 30, 2010 (UTC)
Background re Edit
- The sudden decloaking of Aldea is very similar to how the second planet in the Taurean system suddenly appeared out of nowhere, when it was encountered by the crew of the USS Enterprise in 2269. (TAS: "The Lorelei Signal")
- At the end of the episode Wesley walks with Alexandria apparently into the Captain's Ready Room.
Are you sure? ANd, even if, isn't this a nit?
Citation needed Edit
The following note has lacked citation for nearly three years now:
- A B-plot involving saucer separation was planned for this episode but cut due to budget and time constraints, giving a double meaning to the episode's title if it were to pertain to the "bow" of the Enterprise starship breaking off.
– Cleanse ( talk | contribs ) 07:31, September 8, 2010 (UTC)
I was the father in "When the Bough Breaks" Edit
Hey there. Just stumbled upon this site and was looking at the actor's picture for "Father" in "When the Bough Breaks." It's incorrect because that father was me. I was in the scene on the observation deck around the conference table standing far left comforting my "wife," which you have posted as part of your article.
I was in six other episodes during the first season. I played a science officer on the bridge, one of Q's soldier creatures, and one of the Edo in "Justice."
Steve Reed --184.108.40.206 22:25, November 21, 2013 (UTC)
- Thank you for the time to post here. So, you're which one?
Will see if I can find more appearances of you in the first season. Are you the actor Steve Reed who worked as on screen double for JFK in 1991's JFK? Tom (talk) 22:51, November 21, 2013 (UTC)
Thanks for such a prompt reply. I was Mason's civilian father in that episode. Looks like Paramount pulled the teaser for the episode from YouTube. It featured the scene in which my "wife" and I are walking down a corridor and Mason disappears.
In "Hide and Q," I believe there is a picture of me on this site as one of Q's soldiers drawing a rifle. Hard to tell with all the makeup, but I can probably match it to a Polaroid that was taken off the set before my uniform was put on. I remember that day so well because it was over 100 degrees in LA and the soundstage a/c was down. We were all roasting!
I mentioned that I was one of the Edo in "Justice and in my other appearances, I was a Starfleet science officer, usually on the bridge. "We'll Always Have Paris" is the only other one I can remember right now. I was in a total of six. I'll have to comb through my season one DVD set and locate me.
I'm not the Steve Reed who was in JFK. TNG was my only foray into acting.
--Ted Severe (talk) 07:37, November 22, 2013 (UTC)


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This Game presents free simple 2D racing game. There are two game play. the First is adventure, which persuades you race against other physics experts Racer in many Outstanding circuit in the US, Australia, Singapore, etc. Win the race and unlock achievement and get new physics hint and new Circuit.
Play the Lightspeed mode, and break the record for one lap. Each record interval, will rank you based on the elapsed time. Each rank will unlock achievement and new Cars.Visits Garage to view your new car and choose one!
This game is free and uses online leaderboard Swarm, notification, shortcut, and bar ads.
Users review
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Download High-Speed Racing
Free - V1.2 - 6M
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Hornets kill 41 since July in Chinese province
3 October 2013 Last updated at 14:30 BST
Hornet attacks in northern China have killed 41 people since July, according to China News Agency.
Local officials say warmer weather may have contributed to the rise in the insects' numbers.
Paul Collins reports.


text:
Fifth Muncipal District
Children's Advocacy Room at the Bridgeview Courthouse 10220 South 76th Avenue, Room 235 Bridgeview, Illinois 60455 (708) 974-7023 or 6087
This Children's Advocacy Room opened in August 2010. It offers child life as well as educational child care services in a secure environment. It is available to infants and children through ages 16 while caregivers conduct court business. Click here for the Registration and Rules for Parents/Caregivers


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I'm a 20 year old female, what is the best treatment for under eye bags?
Doctor Answers 5
The skin beneath the eyes is very thin and gets even thinner with age. Blood vessels and muscles beneath the eyes may appear as dark circles. There may also be an indentation, as you describe — the tear trough — which creates a shadow. That shadow is intensified if "bags" of fat have formed under the eye, creating greater contrast between the areas of light and shadow.
To correct this, I use one of several long-lasting dermal filler options to fill in the indentations and minimize the appearance of bags and shadows under the eyes. For those with more prominent bags or excess, wrinkled skin, I may suggest minimally invasive lower eyelid surgery.
Watch the video below to see the difference dermal fillers can make, refreshing the eyes and reducing the appearance of bags.
Web reference: http://www.realself.com/video/restylane-used-to-plump-the-cheeks-and-hide-under-eye-bags
Lower eyelid bags, circles, wrinkles, and discoloration are very common complaints, even in young patients like you.
There are several surgical (e.g. blepharoplasty) and non-surgical (e.g. fillers, laser treatments, topical medications) options. The best option for you will require a detailed exam by a board certified plastic surgeon. Only after a full history and exam can the correct options be discussed.
With regards to your concerns for damage and complications from blepharoplasty it is important to discuss these concerns with your plastic surgeon.
Best Regards,
Dr. Stutman
Web reference: http://drseckel.com/surgical-procedures/result-oriented-removal-of-dark-circles-under-the-eyes/
You might also like...
Web reference: http://www.lidlift.com/case-studies/filler-case-studies
for young patient with mild bags, filling in the valley is a good option. This can be filled with either injectable synthetic fillers or with fat.
These answers are for educational purposes and should not be relied upon as a substitute for medical advice you may receive from your physician. If you have a medical emergency, please call 911. These answers do not constitute or initiate a patient/doctor relationship.


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Typed Scheme comes with a number of other types and type constructors, corresponding (mostly) to primitive types provided by PLT Scheme.
The base types represent primitive data
Any number
A string
A symbol
Either #t
or #f
A PLT Scheme literal keyword
Any value
The following constructors are parameteric in a single type argument
(Listof t)
Homogenous lists of t
(Vectorof t)
Homogenous vectors of t
(Option t)
Either t
or #f
(cons s t)
is the pair containing s
as the car
and t
as the cdr
(dom ... -> rng)
is the type of functions from the (possibly-empty)
sequence dom ...
to the rng
(dom ... rst .. -> rng)
is the type of functions from the
(possibly-empty) sequence dom ...
with an optional trailing
sequence of rst
to the rng
type. Note: ..
is a
part of the syntax of these types.
(U t ...)
is the union of the types t ...
(case-lambda fun-ty ...)
is a function that behaves like all of
the fun-ty
s. The fun-ty
s must all be function
types constructed with ->
(t t1 t2 ...)
is the instantiation of the parametric type
at types t1 t2 ...
(pred t)
is a predicate for type t
(All (v ...) t)
is a parameterization of type t
, with
type variables v ...
(values t ...)
is the type of a sequence of multiple values, with
types t ...
. This can only appear as the return type of a
where v
is a number, boolean or string, is the singleton type containing
only that value
where i
is an identifier can be a reference to a type
name or a type variable
Other types cannot be written by the programmer, but are used internally and may appear in error messages.
#<struct:n (t ...)>
is the type of structures named
with field types t
. There may be multiple such
types with the same printed representation.
(mu n t)
is a recursive type where n
is bound to the
recursive type in the body t
is the printed representation of a reference to the
type variable n


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The State Library Queensland runs an annual Young Writers Award competition. If you know of any young writers who might be interested in entering, please pass this information onto them.
The short story competition is open to Queenslanders aged 18-25 with a cash prize of $2,000. The Young Writers Award winner, first runner-up and four highly commended entries each receive prize packs.
Got a way with words?
State Library of Queensland
Young Writers Award is now open!
If you're 18 to 25 and live in Queensland,
Enter your short story today for a chance to win $2000.
Entries close Friday 13 July.
Get the details here.
More information at: http://www.slq.qld.gov.au/whats-on/awards/ywa


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404 File Not Found
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Book Plus - Pois Grey
[Download a Product Guide. Click here. Please note that this feature may not be supported on mobile platforms.]
It's the stylish, reversible stroller that is practical and easy to use. With the Book Plus, baby can face you or the world ahead, while being surrounded by comfort and security. Wheels with 12 ball bearings and suspensions allow for 360 degree agility and less effort in pushing. Adjustable backrest reclines to several positions, including a newborn-ready flat recline. Paired with the foot muff, the stroller easily transforms into carriage mode. The stylish foot muff cover has a pocket for keeping hands warm. Practical and easy to push with one hand, the handlebar can be modified to fit parent's height preferences. Innovative design allows for a quick and easy stand alone fold and can be folded with or without the seat. Travel system compatible with the Primo Viaggio SIP 30/30 (sold separately). Also includes rain cover. 34.75" x 17" x 21"
Product dimensions: 41.7 x 23.2 x 36.2 inches
Weight: 32 lbs
• Imported- Italy
• 100% Polyester
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• 75% cotton / 25% Polyester
• Imported- Italy
• 50%Polyester/50%Acrylic
Colors |
Flamenco |
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Reviewed by 1 customer
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Comments about Book Plus-Flamenco:
I LOVE this stroller. I did HOURS of research to find the perfect stroller for me. I watched countless baby gizmo videos and went to the store for a 'test drive' more than once. I basically drove my husband nuts. But behold the winner is this book plus! I have a 7 month old and I have had this stroller for about 2 months. I wish I bought this from birth. The only reason I didn't was bc I am a first time mom and did not want to buy such a important and expensive item without a little experience with the baby! This stroller is so smooth and fun to push and comfy for my baby. He loves it! And it goes totally flat for naps or when he wants to kick freely and he loves to put his feet on the belly bar when he is in lounge mode. The only person I may not recommend this to is someone in and out of cabs frequently bc it does not have a one handed fold. Oh and Peg has great service. When this stroller arrived the little mesh add on piece was ripped and I emailed Peg and they sent a new one right away!
Displaying review 1


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Retailers list
Predappio (FC) / Italy
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text:
Inland can take Giant bow
Bruce Bochy, who has managed the San Francisco Giants to two World Series championships in the past three seasons, has Riverside in his background.
He managed the Riverside Red Wave in the California League in 1990. When the team moved to Adelanto to become the High Desert Mavericks in 1991, Bochy managed that team, too.
So a couple of Inland teams contributed to his managerial career.
Al Delay
Tone down concerts, please
It was another Saturday night, Oct. 27, another music event (âEscape from Wonderlandâ) at the National Orange Show in San Bernardino, and another busted nightâs sleep.
Imagine being in your home and having to listen to âboom, boom, boom,â with the house almost vibrating all evening and half the night.
Even though I live almost five miles from the Orange Show grounds, this is what I get every time thereâs a youth music event. Does anybody care? Could the volume be toned down a few notches? Could the event be moved to another location, such as Devore, where the noise wouldnât disturb so many citizens?Â
But kudos to our excellent sheriffâs deputies, who responded and filed reports. I hope a solution can be found for this unacceptable situation.
Angela Rueb
Loma Linda
Libya cover-up clear
In 1972, just months before the presidential election, President Richard Nixon rebuffed questions about the break-in at the Democratic headquarters at the Watergate hotel and his administration tried to downplay the crime.


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virtualsheetmusic necessitava di un nuovo design di pagina web e ha lanciato un contest su 99designs.
È stato scelto un vincitore tra 41 design presentati da 14 designer.
Virtual Sheet Music, Inc. - http://www.virtualsheetmusic.com
Virtual Sheet Music currently offers digital products for musicians such as digital sheet music, Mp3 and MIDI audio files for instant download. We plan to redesign our website in order to expand our product line to material products such as multimedia music packages, DVDs, music lessons, etc. as well to improve its users interaction by including social media elements and features such as instant chat, messaging, user contributions, etc. We need a new design, expandable, easily modifiable and looking into the future.
Musicians, mostly classical, music teachers and music lovers that play an instrument just for fun. People comes to our site looking for sheet music quickly downloadable and printable and also to find something they can't find elsewhere (see our requirements description below for more information about our service/site exclusive features). We have an audience spanning from 10 to 80 years old, so the design must be created according to that.
We need redesign ideas for our homepage at:
Please, download the following PDF file for the complete requirement specifications:
For any questions, please post your comments on this project page.
Thank you and good luck!
Best regards,
Fabrizio Ferrari
Virtual Sheet Music Inc.


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Get an overview of this hotelIntimate London guesthouse close to Victoria Station
Near Tate Britain
A half-mile from Victoria Station, The Windermere Hotel is within 1.5 miles of Buckingham Palace, Westminster Abbey, Saatchi Gallery, Tate Britain, St. James's Park, Downing Street, and Houses of Parliament.
English breakfast
Guests can enjoy a complimentary English breakfast each morning in the guesthouse's casual restaurant, the Windermere Brasserie, which also offers fresh, seasonal cuisine for dinner every evening.
Flat-panel TVs
Individually decorated, The Windermere Hotel's 20 non-smoking guestrooms feature complimentary high-speed Internet access, flat-panel TVs with satellite channels, hair dryers, and safes.
Information missing or incorrect? Tell us!Opens in a new windowThe Windermere Hotel
Guest House Amenities
Originally built in 1857 as a pair of private homes, The Windermere Hotel combines the charm of an English bed and breakfast with a prime location within walking distance of numerous London attractions. A complimentary English breakfast is served each morning in the Windermere Brasserie, which also offers fresh regional fare in the evenings. Room service is available during limited hours.
Free WiFi is provided. The front desk is available around the clock, providing tour assistance, concierge services, and complimentary newspapers. Airport shuttle service can be arranged for a surcharge with advance notice. Parking is also available for a surcharge. The Windermere Hotel is a smoke-free property.
- Airport transportation (surcharge)
- 24-hour front desk
- Bar/lounge
- Restaurant
- Total number of rooms - 20
- Number of floors - 5
- Free newspapers in lobby
- Free breakfast
- Concierge services
- Dry cleaning/laundry service
- Tours/ticket assistance
- Luggage storage
- Laundry facilities
- Library
- Multilingual staff
- Year Built 1857
- Self parking (surcharge)
- Smoke-free property
- Television in common areas
- Elevator/lift
- Computer station
- Free WiFi
Available in all rooms: Free WiFi
Available in some public areas: Free WiFi
Self parking (surcharge)
Room Amenities
- iPod docking station
- Designer toiletries
- In-room safe (laptop compatible)
- Free WiFi
- Blackout drapes/curtains
- Daily housekeeping
- Private bathroom
- Free toiletries
- Hair dryer
- Desk
- Individually decorated
- Digital TV service
- Free newspaper
- Room service (limited hours)
- Individually furnished
- Flat-panel TV
Where to Eat
A complimentary English breakfast is served each morning in the guesthouse's restaurant.
Windermere Brasserie - This seasonally inspired brasserie serves regional cuisine every evening.
In-room dining is available during limited hours.
Guest House Policies
Minimum check-in age is 18
Check-in time starts at 2 PM
Special check-in instructions:
Check-out time is 11 AM
Payment types
Children and extra beds
- Children are welcome.
- Pets not allowed
You need to know
Extra-person charges may apply and vary depending on property policy.
Government-issued photo identification and a credit card or cash deposit are required at check-in for incidental charges.
Special requests are subject to availability upon check-in and may incur additional charges. Special requests cannot be guaranteed.
No rollaway/extra beds available
- Resort fee
Optional extras
- Airport shuttle fee: GBP 45-65 per vehicle (one-way)
- Self parking fee: GBP 26.00 per night
Guest house Name
- Windermere Hotel London
- Windermere London
We should mention
This property's policy is to refuse certain bookings for the purpose of group events or parties, including pre-wedding stag/bachelor and hen/bachelorette parties. This property offers transfers from the airport (surcharges may apply). Guests must contact the property with arrival details before travel, using the contact information on the booking confirmation. A resort fee is included in the total price displayed. Set meals are served in guestrooms only (no menus or public dining).
National Rating
This establishment has received its official star rating from VisitEngland, the National Tourist Board for England.


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Join this free martial arts wiki. Add info & help beginners with Shotokan Kata, Kicks, Punches, Grappling, Taekwondo Forms & Patterns, Aikido, Goju-Ryu, Krav Maga, Bo Staff, Judo, Kyokushin, etc. Fitness experts can help with Strength Training, Core Exercises, Warm-Ups, Balance, Stretching, Yoga, etc. Meet martial artists by joining our Wiki Community.
Wiki Revision Date - 06 Feb 2016 22:40
Instructions for Shotokan Karate Kata - Gankaku This page provides videos and instructions for Shotokan Karate kata - Gankaku. This is an advanced Shotokan kata. To master these Shotokan Karate katas, you will also have to learn basic Shotokan stances, Karate kicks, Karate blocks, Karate punches, etc. Please use the demonstration video in order to see what the kata should look like at full speed and the instructional video in order to learn the individual elements involved in the kata. For other Shotokan katas, please visit the main Shotokan Karate Katas page. Section supported by Shotokan books Step-By-Step Instructional Video for Shotokan Karate Kata - Gankaku Demonstration Video for Shotokan Karate Kata - Gankaku Written Instructions for Kata
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Subpoena duces tecum
A subpoena duces tecum (pronounced /səbˈpiːnəˌduːsəsˈteɪkəm/ (or subpoena for production of evidence) is a court summons ordering the recipient to appear before the court and produce documents or other tangible evidence for use at a hearing or trial.
The summons is known by various names in different jurisdictions. The term subpoena duces tecum is used in the United States, as well as some other common law jurisdictions such as South Africa and Canada. It is a Latin phrase meaning "you will bring with you under penalty of punishment". The summons is called a "subpoena for production of evidence" in some U.S. states that have sought to reduce the use of non-English words and phrases in court terminology.
The subpoena duces tecum is similar to the subpoena ad testificandum, which is a writ summoning a witness to testify orally. However, unlike the latter summons, the subpoena duces tecum instructs the witness to bring in hand books, papers, or evidence for the court. In most jurisdictions, a subpoena usually has to be served personally.
- 1 Order pursuant to a deposition
- 2 Failure to produce documents
- 3 Jencks Act cases
- 4 Writ of mandamus
- 5 Commitment of witness; contempt of court
- 6 Privileges
- 7 Pre- and post-judgment execution proceedings
- 8 Public access to documents filed with the court
- 9 Production of documents in bankruptcy
- 10 Compelling a foreign corporation to produce documents
- 11 Subpoena of welfare documents
- 12 Federal Trade Commission hearings in monopoly actions
- 13 Subpoena of medical records
- 14 See also
- 15 References
Order pursuant to a deposition[edit]
In the United States, a notice to a party deponent (a person called to testify in a deposition) may be accompanied by a request for production of documents and other tangible things during the taking of a deposition. The notice to produce (literally: "bring these documents with you to the deposition") is served prior to the deposition. This follows the Federal Rules of Civil Procedure.[1] The method of using a subpoena duces tecum is generally valid only to compel a witness to produce documents and other things at the time of the deposition. If a deponent is a non-party to the action (not involved directly in the litigation, but wanted for testimony), production of documents can be compelled only through a proper subpoena duces tecum.[2] Depending on the nature of the documents, and their volume, some may be obtained directly, and before deposition under FRCP 34. In cases where a large number of documents are potentially relevant to the hearing, the court may order them to be produced prior to the deposition. This forms a part of legal discovery and allows parties involved time to review them prior to the deposition or other hearing.
Federal cases and some states follow Federal Rule 27 (a) (3) of the Federal Rules of Civil Procedure concerning the production of documents in pretrial discovery, including those pertaining to depositions. These can include the subpoena duces tecum to produce documents, or in some cases to undergo a physical or mental examination. In the Ninth Circuit, interpreting Rule 27 literally, it has been held that a party can simply produce the documents only, and in certain cases, avoid an oral deposition when presented with subpoena duces tecum.[3]
Failure to produce documents[edit]
A continuance (a rescheduling of a court hearing at a later date) of a civil action may be granted due to the absence of documents or papers. The party failing to produce the documents requested by a subpoena duces tecum must show good reason why there was a failure to do so. Acceptable explanations have included loss or destruction of papers, or an agreement to use copies. The party seeking the continuance must show that the absence of the documents is not because of the negligence of their own, or of the attorney of record.[4]
Similarly, a continuance may be granted in a criminal case if there is good reason documents pertinent to the case could not be produced at the time of trial. For example, a continuance should be granted for failure to produce a transcript of testimony given at a previous trial. In general, it is reversible error to proceed with a criminal trial in the absence of a previous trial transcript, when such contains pertinent information that should have been considered in the new trial. In these cases, a continuance is the usual remedy. The trial judge or magistrate is the one who issues the continuance.[5]
A party's failure to produce subpoenaed evidence, where the evidence is under their control, may support a request to a finder of fact to create an adverse inference that the evidence would have been unfavorable to them.
Jencks Act cases[edit]
In the 1957 case Jencks v. United States the United States Supreme Court ruled that a defendant must have access to government witnesses who will testify against him in a criminal trial, and must also have access to any documents pertaining to that testimony.[6] This includes papers, documents, written statements and the like. This led to passage of the Jencks Act, 18 USC, Part II, Chapter 223, § 3500, which allows for subpoena duces tecum of relevant government documents, but only after a government agent or employee has testified at trial. There can be no pre-trial discovery. The subpoena is allowed by the trial judge. The government has the right to deny access to the documents. This may be due to the sensitive nature of the documents, or because they are classified.
In such an instance the accused is permitted to pray unto the Court for remedy or sanction against his accuser or plaintiff, for his inability to be able to confront the papers and/or effects (i.e., material items, physical exhibits, technical analyses, lab reports, etc.) that assert or support the accusation(s) against him. The Court, in law and equity is required to answer such a prayer. If the accused's prayer is not answered in a manner that favorably restores the balance between the accused and the Government in criminal cases, or between the defendant and the plaintiff in civil cases, it is grounds for an appeal if a mistrial is not granted. The United States Supreme Court dealt with this issue in federal civil cases in United States v. Reynolds.
If the remedy is granted there is a mistrial and dismissal of criminal charges.[7][8] An accused criminal has no right to subpoena the work product of the prosecution in a criminal case.[9]
Writ of mandamus[edit]
The writ of mandamus is appropriate to compel surrender of documents in the possession of attorneys or other persons that have been illegally obtained under the abuse of a writ of attachment.[10] Mandamus can vacate an order to produce books and papers.[11] However, mandamus is not the proper remedy to quash a motion to compel a district attorney to relinquish books and records to his successor office holder.[12]
In an 1893 case, the United States Attorney in Alabama refused to vacate his office, refusing to surrender books, papers and other materials in the position of that office to the newly appointed U.S. Attorney. The federal court in Alabama issued a writ directing the previous attorney to relinquish the documents. He, in turn, sought relief from the Supreme Court, which denied his application, saying it would not interfere with the properly conducted internal matters of a court. In the case In re: Parson, the United States Supreme Court wrote: "If the orders be regarded merely as directions in the administration of judicial affairs in respect of the immediate possession of property or custody of prisoners, we cannot be properly called to, by reason of anything appearing on these records, in the exercise of appellate jurisdiction in this manner, to direct them to be set aside. And if the proceedings should be treated as involving a final determination as on issues joined to the right to such possession and custody, there was no complaint of want of notice or of hearing, and the summary made adopted did not in itself affect the jurisdiction of the Circuit Court upon the ground that it had exceeded its powers."[13]
Mandamus is the remedy where a lower court has clearly failed to issue compulsion to produce documents, or to allow the petitioner access to such documents as may be in the possession of the court or the parties to the action. Mandamus can be used to compel a court to enforce an order to answer interrogatories (questions submitted by the court or one of the parties to be answered under oath and pain of perjury).[14][15][16]
Mandamus is the proper remedy to compel the quashal of a subpoena duces tecum for the production before a grand jury of attorney–client privilege.[17][18] Presumably, this would apply to attorney work product, although there is no case law on the matter.[19]
Commitment of witness; contempt of court[edit]
A witness who has refused to obey a lawful order to produce books, documents and papers may be properly incarcerated for contempt of court. A writ of habeas corpus will not apply, unless it can be shown the witness could not have legally had possession of such documents. In such a situation the writ of habeas corpus will properly apply, and is the remedy for such improper action.[20][21]
At common law, and under various statutes pertaining to a given jurisdiction, a right to action for damages, or for a statutory penalty or forfeiture, exists against a witness who, without sufficient excuse, fails or refuses to give oral testimony or to produce documents or other specified items in obedience to the command of a properly issued and served subpoena.[22]
There are certain conditions precedent, or defenses, to a recovery of damages for a person's failure to testify, or to provide documents pertinent to a hearing or trial. There must be a breach of testimonial duty, after having been properly served with a legitimately executed subpoena. There must be a demonstration of actual damages incurred from the absence of testimony. Most courts have rejected the arguments for seeking damages in this kind of case. Giving false testimony in a judicial proceeding even though the allegation is made that the person giving the testimony knew it to be false, does not give rise, either at common law or by statute, to a civil action for damages, resulting from such testimony. The situation is probably different if intentionally false documents are submitted under a subpoena duces tecum.[23][24]
Attorney–client privilege is generally recognized by the courts. Communications between lawyer and client are generally immune from subpoena. In other words, a lawyer cannot be compelled to testify in a trial unless the lawyer becomes, or appears to become, a party to the litigation. A similar situation exists with "work product", meaning written documents or computer records generated in preparation for a trial or hearing. This includes information such as potential questions that may be asked of witnesses, lists of possible witnesses, memoranda, notes, trial strategies, written briefs, or documents that may, or may not end up being used in the course of litigation. Usually, none of this can be the subject of a subpoena duces tecum. If a communication between lawyer and client is made in the presence of the third party, the privilege is not recognized to exist.[25][26][27][28][29][30]
The federal courts will apply the common law rule of attorney–client privilege unless there is an intervening state law applying to the central issues of the matter. In those cases, the federal court uses the effective state law.[31][32]
Physician–patient privilege is usually statutorily defined, and can vary from state to state. The usual rule is that medical records are immune from subpoena if the plaintiff has not alleged physical or mental injuries or damages. Once the plaintiff alleges physical or mental injuries proximately flowing from a potentially tortious act by the defendant, or in some other disability hearing, medical records can be subject to subpoena duces tecum. While witnesses may try to resist legal discovery by asking the judge to protect them from questioning or inspection of documents, the policy of the courts is in favor of full disclosure. It is the intent of the rules of procedure that pre-trial discovery take place without any intervention of a judge. So-called "fishing expeditions" (massive and aimless calls for all documents related to the litigation) are permissible under Federal Rule of Civil Procedure 26 (b) (1). This rule is repeated in many states' rules of procedure: "Parties may obtain discovery regarding any matter, not privileged, which is relevant ... if the information sought appears reasonably calculated to lead to the discovery of admissible evidence." The looseness of the definition of relevant evidence is generally construed to mean "liberal" production. The physician who is the party to an action does not own the records of patients he has treated. They are not privileged if the patient has waived confidentiality. Physicians must produce medical records under subpoena duces tecum.[33]
Peer review records, and other hospital documents of quality control committee meetings are generally not subject to subpoena duces tecum, since these have statutory immunity. The theory is that the frankness of peer review would be chilled if these records could be routinely compelled.[34][35]
Several United States Federal Circuit Courts have recognized a limited reporter's privilege. The United States Justice Department has a self-imposed limitation upon subpoena of reporters and their notes. This privilege is not universal, and is incomplete.
Internal memos from scientific and medical journals generated in peer reviewing articles for publication are generally immune from subpoena.
In some states (such as California), rape crisis counselors and domestic violence advocates hold a statutory privilege analogous to therapist–client privilege. (See, for example, 1035 Cal. Evidence Code for rape crisis advocates,[36] and 1037.6 Cal. Evidence Code for domestic violence advocates).[37] However, these privileges are not absolute, and may be overruled by a judge upon a showing that "the probative value of the information outweighs the effect of disclosure of the information on the victim, the counseling relationship, and the counseling services", or under a number of other limited circumstances. To respect and preserve the privacy of sensitive material contained in such reports, the judge may require the disclosure of confidential information to take place in camera.
So called "priest–penitent" privilege, which precludes forced testimony of confessions made to a priest, minister, or religious adviser are statutorily defined in the United States. They vary between states. In some cases, the privilege is confusing and ill-defined. In others, there is recognized stare decisis. (See: priest–penitent privilege, confessional privilege (United States), spousal privilege, executive privilege, reporter's privilege.)
Pre- and post-judgment execution proceedings[edit]
Discovery can be authorized for the production of documents for both pre-trial and post-trial actions. Most states either follow, or have modeled their procedures after, the Federal Rules of Civil Procedure Rule 69(a).
Judgment creditors (those who have received a favorable court ruling for monetary damages) are permitted to ask questions about a debtor's residence; recent employment history; business relationships, including partners, co-shareholders, co-officers, co-directors; the contents of a will; transfers of property; and the identity of persons who either owed a debt to the judgment debtor, or received things of value from the debtor. Information in bank accounts can also be the subject of a subpoena duces tecum.[38]
In federal court proceedings concerning judgment debtors, the inquiry is usually limited to the discovery of assets. In international cases, being tried in United States Federal Courts, the application of the Hague Service Convention is utilized where appropriate.[39]
Public access to documents filed with the court[edit]
The right of the public to access judicial records is fundamental to a democratic state and is analogous to the First Amendment right of freedom of speech and of the press and the Sixth Amendment right to public trials.[40][41][42] While the right to access trial records is not absolute, it is framed in presumption of public access to the proceedings and records.[43][44][45][46][47] United States Code 11, Section 107 (a), of the federal bankruptcy law, is a codification of the common-law general right to inspect judicial records and documents. However, the right is not absolute and may be denied when the entity seeking to view the records has an improper purpose. The general intent of the statute is to favor public access to court documents.[48]
Production of documents in bankruptcy[edit]
An entity (person or a corporation) may be compelled to produce documentary evidence in accordance with the subpoena powers of Federal Rule of Civil Procedure 45 as applied by Bankruptcy Rule 9016. The United States Bankruptcy Court has powers to compel production of documents from a non-debtor corporation or person concerning transactions involving the debtor corporation or person. Production of documents can be challenged as being burdensome. Assets diverted to outside corporations or bank accounts/stock portfolios and such other assets as land holdings lie within the power to compel production under subpoena duces tecum. Federal law recognizes no accountant-client privilege. A subpoena duce tecum served pursuant to Bankruptcy Rule 2004 is not a violation of accountant-client privilege. 11 United States Code section 107 (a) provides that papers filed in cases under the Bankruptcy Code and dockets of the Bankruptcy Courts are public records and are to be open to examination at reasonable times without charge.[49]
Compelling a foreign corporation to produce documents[edit]
A domestic corporation may be considered to be a "person" within the meaning of the Fourteenth Amendment of the United States Constitution. It is not necessary to treat a corporation as a person in all circumstances. United States case law is confusing concerning this matter when dealing with foreign corporations, and their operation within the United States. Especially troubling have been rulings concerning the Fourth Amendment of the United States Constitution and Fifth Amendment to the United States Constitution. A foreign agent may not claim Fifth Amendment provisions against self-incrimination. Nor can records be withheld from subpoena duces tecum on the grounds that production of such documents would incriminate officers or other members of the foreign corporation. However, there is case authority in which foreign corporations have been protected from illegal searches and seizures, including documents and books.[50] The matter of a foreign corporation operating as a "person" within the United States being afforded protection under the Fourteenth Amendment is discussed.[51][52][53]
Subpoena of welfare documents[edit]
Statutes governing the disclosure of information contained in welfare records exist in many jurisdictions. The rationale for the existence of these regulations is to encourage full and frank disclosure by the welfare recipient of his situation and the protection of the recipient from the embarrassment likely to result from the disclosure of information contained in such records.[54] In some states, records can be disclosed at the discretion of the state director of welfare. In general, welfare records are not public records, and should not be considered to be such. Disclosure of information is usually limited to purposes directly connected with the administration of welfare benefits. The investigation of costs of welfare programs have been held to be sufficiently related to the matters in question to justify disclosure. Statutes designed to limit welfare record availability are generally held by the courts to be not immune from the power of subpoena duces tecum. Certain state laws limit the availability of information that can be obtained from the subpoena of such documents. These are always subject to a court challenge, on a case by case basis. Welfare recipients are generally allowed access to their files, by subpoena duces tecum. Death of a welfare recipient is considered in some states to be sufficient reason to remove the reason for confidentiality. Some states have passed so-called "Right to Know" statutes, which would make welfare recipients and the information available to the public. These, along with common law, and state and federal constitutions guaranteeing freedom of the press do not give newspapers (or other news media) the right to access the names of persons on welfare, or the amounts they receive.[55]
Federal Trade Commission hearings in monopoly actions[edit]
Whenever the Federal Trade Commission (FTC) has reason to believe that any person has violated 15 USC section 13, 14, 18 or 19, it must issue and serve on that person and on the Attorney General of the United States, a complaint stating its charges in that regard. The notice shall also give a date for a hearing in the matter. Delivery of the subpoena duces tecum for production of documents may be done in person, or by certified letter. Receipt of the letter is considered proof of service.[56]
Power to issue subpoenas is extended to Robinson–Patman Act cases of price-fixing and Clayton Act cases of unlawful acquisition.[57]
A Federal District Court lacks jurisdiction to enjoin the Federal Trade Commission from proceeding in an investigation. It cannot stay (stop) a subpoena duces tecum to produce documents in the investigative stage. An injunction by a federal court does not have the power to restrain the FTC from enforcing an order requiring corporations to furnish reports and documents un 15 USC § 49. The only relief available to stop a demand for documents is to seek an action of compliance in mandamus by the Attorney General of the United States, or under 15 USC § 50 to enforce fines and forfeitures.[58]
If the FTC institutes an adjudicative proceeding (a hearing), the person who originated the matter by complaining to the FTC is not a party to the action and does not have any control over it. The FTC may allow the complaining person to participate in the proceeding by virtue of 15 USC, section 45. This allows participation for good cause, either by counsel (lawyer) or in person. You cannot intervene in an FTC hearing, except by demonstrating that substantial issues of law or fact would not be properly raised and argued—and that these issues are important and immediate enough to warrant additional expenditure of FTC resources. This involvement can be enhanced by subpoena duces tecum.
Pre-hearing conferences are the norm. These are useful in:
- Clarifying or simplifying isses
- Amending pleadings
- Entering stipulations, admissions of fact, and contents and authenticity of documents
- Expediting discovery and presentation of evidence, including restriction of witnesses
- Matters subject to official notice that may be resolved by further production of documents related to the case
In general, pre-hearing conferences are not public.[59] The FTC is not restricted by a rigid rule of evidence.[60]
Subpoena of medical records[edit]
Administrative law[edit]
Disabled persons under the age of 65 years can be eligible for disability benefits under Social Security Titles II and XVI.[61]
The seminal case in Social Security law is Richardson v. Perales, a Supreme Court decision from 1971. The court directed that medical reports put forth by a treating physician in Social Security hearings should be accepted as evidence, despite the hearsay nature of the medical records. These should be accepted, even if cross-examination is not available. The claimant has the right to subpoena the treating physician. In cases of conflicting medical evidence, it is not unconstitutional for the hearing officer to obtain independent medical advice to help resolve the physical questions involved. Under the Administrative Procedure Act, hearsay in the form of medical records are admissible up to the point of relevancy.[62]
Several federal agencies have adopted Jencks Act rules. Although the Jencks Act applies only to government agents or employees who testify in criminal cases, making these witnesses and relevant documents available for cross-examination after testimony, it has been applied in administrative law cases in the interests of justice and fair play.[63] The party of record must make an official request to the hearing officer to have Jencks rules followed.[64] Some agency rules, such as National Labor Relations Board automatically follow Jencks Act requirements.[65]
Medical malpractice actions[edit]
In a case of alleged negligence by a physician, written summaries of the case by physicians provided to the insurance carrier or other parties can be the subject of a subpoena duces tecum, if, in the opinion of the court, they are relevant to the plaintiff's case. Claims that these statements are "work product" will generally fail.[66]
Medical records form the core of any medical malpractice case.[67] Actions for malpractice are controlled by the general rules of evidence in civil procedure.[68] A malpractice action necessarily involves the question of requisite care and skill applied in a medical case. With the exception of res ipsa loquitur cases, medical opinion about the care is essential. This involves the necessity to obtain a subpoena duces tecum for medical records.[69][70][71]
Admission of "learned treatises" (published books and medical articles) at trial varies from jurisdiction to jurisdiction. Some require that the expert admit it is an authoritative reference.[72][73] Others will allow admission of learned treatises by judicial notice.[74][75]
Experts and opinion evidence[edit]
In tort actions for recovery of damages, it is necessary for the introduction of medical records to establish a basis for the claimed loss. An injured plaintiff is entitled to recover the expenses necessary to cure or treat injuries.[76][77][78][79][80][81][82] Courts frequently call upon expert testimony to interpret and advise, after examining medical records concerning the nature of injuries, future medical, disability and other issues before the court.[83][84][85][86]
Worker's Compensation actions[edit]
Medical records introduced as evidence are crucial in determining both causation and impairment in worker's compensation cases. In cases where the evidence is contested, medical evidence in the form of records, opinions, affidavits and testimony concerning both fact and opinion is necessary. When oral testimony is taken from physicians, the usual standard is to state an opinion "within a reasonable degree of medical certainty".[87][88] Worker's compensation laws are dictated by state statute or Federal Employers Liability Act.[89] In many states, the employer has the right to demand an independent examination and can also direct treatment be carried out by certain physicians.[90]
Mandatory reporting of child abuse[edit]
In the landmark 1976 California case of Landeros v. Flood,[91] the California Supreme Court remanded a case to the trial court for action in tort against a treating physician for failure to report suspected child abuse.[92][93] The theory at trial was that the plaintiff, a child of about 12 months of age, had been returned to a home where further physical abuse occurred, causing more damages. This was because the physician had failed to report the abuse in violation of California law.[92] After this case, all states instituted mandatory reporting by physicians and other medical personnel of any suspected child abuse or neglect cases. In general, reporting in good faith shields the physician or health care worker from tort liability. Reporting to police or social services necessitates obtaining medical records by subpoena duces tecum. This case, and legislation that followed it were in response to several articles that appeared in the medical literature that defined battered child syndrome and child abuse syndrome.[94]
The 1962 Social Security Amendments[95] require each state to make child welfare services available throughout the state to all children and provide coordination between child welfare services (Title IV-B) and social services provided under the Aid to Families with Dependent Children Act (ADC, later known as AFDC; now called Title XX) Determinations in these cases frequently require production of medical records.
In 1972, Congressional hearings began on child abuse and neglect. In response, Congress passed the Child Abuse Prevention and Treatment Act,[96] which defined abuse as "physical or mental injury, negligent treatment, or maltreatment of a child under the age of 18 by a person who is responsible for the child's welfare under circumstances which would indicate that the child's health or welfare is harmed or threatened thereby". The legislation created the National Center on Child Abuse and Neglect as an information clearinghouse.
The Child Abuse Prevention and Treatment Act of 1974 (42 U.S.C. § 5101 - 42 U.S.C. § 5106) defined "child abuse and neglect" as "physical or mental injury, sexual abuse, negligent treatment, or maltreatment of a child under the age of eighteen by a person responsible for the child's welfare under circumstances which indicate that the child's health or welfare is harmed or threatened thereby."[97]
The Child Abuse Prevention and Treatment Act of 1988[98] when enacted, expanded the definition of abuse. Sexual crimes were specifically identified in Sex Crimes Against Children Act of 1995[99] These laws have made child abuse a federal crime, and routinely mandate production of medical records.[93][97][100][101][102][103][103][104][105]
Mandatory reporting of wounds and injuries[edit]
Physician-patient privilege is defined and limited by statute. Many jurisdictions have mandatory reporting laws requiring treating physicians or other medical personnel to report any suspicious injury to police or other appropriate authorities. These requirements may be imposed by statute, ordinance or regulation. Some of these may be limited to wounds typically inflicted by gun or knife. There may be similar reporting requirements in cases of domestic violence. These statutes have been generally upheld to constitutional challenges. Reporting of such cases usually voids any challenge to subpoena duces tecum of the medical records by police or state authorities.[106]
Peer review records in medical licensing and hospital credential actions[edit]
The issue of removal of a doctor from a hospital staff, or revoking or limiting a license to practice medicine usually involve various state and federal immunities. The Healthcare Quality Improvement Act (HCQIA) of 1986 granted doctors sitting on peer review committees immunity from subpoena duces tecum, or liability for the revocation of hospital privileges of other doctors. The matters of peer review cannot, in the normal course of events, be the subject of a subpoena duces tecum. This has led to claims that powerful doctors can abuse the process to punish other doctors for reasons unrelated to medical issues (termed "sham peer review").
The American Medical Association conducted a probe of the sham peer review issue and found that no pervasive problem exists. Allegations of sham peer review are easy to make (for example, by doctors whose medical mistakes have made them targets of peer review), but actual infractions are rare.[107] Opponents of peer review counter that the sparcity of successful challenges is indicative of how widespread the problem is and how difficult these actions are to win.
See also[edit]
- Administrative Procedure Act (United States)
- Attorney–client privilege
- Bankruptcy in the United States
- Deposition (law)
- Documentary evidence
- Federal Rules of Civil Procedure
- Fifth Amendment to the United States Constitution
- Fourteenth Amendment of the United States Constitution
- Fourth Amendment of the United States Constitution
- Interrogatories
- Legal discovery
- Physician–patient privilege
- Reporter's privilege
- Subpoena ad testificandum
- ^ Federal Rules of Civil Procedure 30 (b) (5), also called FRCP
- ^ Non-Party Recovery of the Costs of a Subpoena Requiring Document Production
- ^ 23 Am Jur 2nd Depositions and Discovery, §§ 126-127
- ^ 17 Am Jur 2nd "Continuance",§ 20
- ^ 17 Am Jur 2nd "Continuance", § 81
- ^ Jencks v. United States, 355, US 657 (1957)
- ^ 23 Am Jur 2nd "Depositions and Discovery", § 443
- ^ Jencks v. United States idem.
- ^ 23 Am Jur 2nd "Depositions and Discovery", § 444
- ^ Rosenthal v. Dickerman, Michigan
- ^ International Harvester Co. v. Eaton Circuit Judge, Michigan
- ^ In re: Parsons, US Supreme Court
- ^ 52 Am Jur 2nd "Mandamus" § 314
- ^ Smith v. Superior Court of San Joaquin County, California
- ^ 88 ALR 2nd 650
- ^ For mandamus as it generally applies to witnesses, see: 41 ALR 433 and 112 ALR 438
- ^ Continental Oil Co. v. United States, Arizona
- ^ 9 ALR 3rd 1413
- ^ 52 Am Jur 2nd "Mandamus", § 367, Grand Juries
- ^ Ex Parte Clarke, California
- ^ 39 Am Jur 2nd "Habeas Corpus", § 97
- ^ Cases listed and discussed in 81 ALR 3rd 1297, §§ 3 (b), 8 (a), 9 (a)
- ^ Generally 61 ALR 3rd 1297
- ^ 81 Am Jur 2nd "Witnesses", § 79
- ^ 14 ALR 3rd 594
- ^ 81 Am Jur 2nd Witnesses, §§ 172 et seq
- ^ 1 ALR 4th 1124
- ^ 59 ALR 3rd 441
- ^ 55 ALR 3rd 1322
- ^ 44 ALR 3rd 24
- ^ Federal Rules of Civil or Criminal Procedure, Rule 501 in the Federal Rules of Evidence
- ^ 48 ALR Fed 259
- ^ Sharpe, Fascina and Head, "Law and Medicine", p. 5
- ^ Matchett v. Superior Court, California
- ^ Sharpe Fiscina and Head, "Law and Medicine" p. 69
- ^ CA Codes (evid:1035-1036.2) retrieved 2009-11-26
- ^ CA Codes (evid:1037-1037.8)
- ^ General case law is reviewed in 30 Am Jur 2nd "Executions, Etc.", §§ 720 and 714
- ^ 20 Am Jur 2nd "Executions, Etc."
- ^ Barron v. Florida Freedom Newspapers, Florida
- ^ 75 Am Jur 2nd "Trial" § 205
- ^ 21 A Am Jur 2nd 'Criminal Law" sections 666 et seq; 876 et seq
- ^ Re: Iowa Freedom of Information Council, Iowa
- ^ Oxnard Publishing Co.v. Superior Court of Ventura County, California
- ^ Globe Newspaper Co. v. Superior Court of County of Norfolk; US Supreme Court
- ^ Press-Enterprise Co. v. Superior Court of California; US Supreme Court
- ^ 75 Am Jur 2nd "Trials", §§ 205-216
- ^ 9 Am Jur 2nd "Bankruptcy", § 829
- ^ 9 Am Jur 2nd "Bankruptcy", sections 828-829
- ^ See case law: 120 ALR 1103
- ^ 36 Am Jur 2nd "Foreign Corporations", §§ 44 and 45
- ^ 54 ALR 3rd 768, § 24
- ^ 79 Am Jur 2nd, "Welfare", § 50
- ^ 54 Am Jur 2nd "Monopolies", § 394
- ^ 54 Am Jur 2nd "Monopolies", § 398-399
- ^ 54 Am Jur 2nd "Monopolies", § 862
- ^ 55 Am Jur 2nd, § 836
- ^ 55 Am Jur 2nd, § 840
- ^ 70 A Am Jur 2nd "Social Security and Medicare", sections 468 et seq
- ^ Richardson v. Perales, US Supreme Court, 1971
- ^ Fairback v. Hardin, 9th Circuit
- ^ 2 Am Jur 2nd "Administrative Law", section 329
- ^ Am. Jur. 2nd, "Administrative Law", § 329
- ^ Butler v. Doyle, Arizona
- ^ 61 Am Jur 2nd "Physicians, Surgeons, Etc"
- ^ 29A Am Jur 2nd "Evidence", §§ 29-30
- ^ 61 Am Jur 2nd "Physicians, Surgeons, Etc.", §§ 200-377
- ^ Sharpe Fiscina and Head, "Law and Medicine"
- ^ "Pegalis and Wachsman "American Law of Medical Malpractice"
- ^ Federal Rules of Evidence, Rule 803
- ^ 64 ALR Fed 971
- ^ Am Jur 2nd "Evidence" § 1416, 1417
- ^ Fed Rules of Evidence § 195, 258
- ^ 2 ALR 3rd 286
- ^ 90 ALR 2nd 1323
- ^ 76 ALR 2nd 946
- ^ Stein, J., "Damages and Recovery"
- ^ Sharpe, Fiscina and Head, "Law and Medicine"
- ^ Pegalis and Wachsman, "American Law of Malpractice"
- ^ 31 A Am Jur 2nd "Expert and Opinion Evidence", §§ 129-277
- ^ Malone, Plant and Little, "Worker's Compensation and Employment Rights", pp.288-291
- ^ 21 ALR 3rd 912
- ^ Malone, Platt and Little, p. 879 et seq
- ^ 82 Am Jur 2nd "Workers' Compensation", §§ 504 et seq
- ^ 17 Cal 3d, 399, 131 Cal rptr 69, 551 P2d, 389
- ^ a b 97 ALR 3rd 324
- ^ a b Sharpe, Fiscina and Head, p. 48
- ^ See: Caffey, Kempe references
- ^ Pub. L. No. 87-543
- ^ Pub. L. No. 93-247
- ^ a b 3 Proof of Facts, p.265 et seq
- ^ Pub. L. No. 100-294
- ^ Pub. L. No. 104-71
- ^ 2 Proof of Facts 2nd 365 et seq
- ^ Landeros v. Flood: 97 ALR 3rd 324
- ^ 6 Proof of Facts 2nd p. 345 et seq
- ^ a b 22 ALR 4th 774
- ^ 16 A Am Jur 2nd "Constitutional Law" § 738
- ^ 49 ALR Fed 674
- ^ 85 ALR 3rd 1196
- ^ "Inappropriate Peer Review. Report of the Board of Trustees of the American Medical Association."
- 11 USCS section 107 (a)
- Federal Rule 27 (a) (3)
- FRCP 30 (b) (5)
- FRCP 69 (a)
- Caffey, "Multiple Fractures in the Long Bones of Infants Suffering from Chronic Subdural Hematoma", 56 Am. J. Roentgen 163 (1946)
- Caffey, "Some Traumatic Lesions in Growing Bones Other Than Fractures and Dislocation - Clinical and Radiological Features", 30 Brit. J. Radiol. 225, 1957
- Kempe, "The Battered Child Syndrome", Journal of the American Medical Syndrome", 181, July 7, 1962
- Malone, Plant and Little, "Worker's Compensation and Employment Rights", West, 1980
- Pegalis, S. and Wachsman, H., "American Law of Medical Malpractice", Lawyers Cooperative, Bancroft Whitney, 1980
- Sharpe, D., Fiscina, S. and Head, M., "Law and Medicine" West, 1978
- Stein, J., "Damages and Recovery, Personal Injury and Death Actions", Lawyers Cooperative, Bancroft Whitney, 1972
American jurisprudence[edit]
- 2 Am Jur 2nd "Administrative Law", section 328 (Jencks Act)
- 9 Am Jur 2nd "Bankruptcy", section 829, 828-829
- 16 A Am Jur 2nd "Constitutional Law", section 738
- 17 Am Jur 2nd "Continuance", sections 20, 81
- 21 A Am Jur 2nd "Criminal Law", section 666 et seq; 876 et seq
- 23 Am Jur 2nd "Depositions and Discovery", sections 126-127
- 29 A Am Jur 2nd "Evidence", sections 1416-1420
- 30 Am Jur 2nd "Executions, Etc.", sections 720, 714, 722
- 31 A Am Jur 2nd "Expert and Opinion Evidence" sections 127-277
- 36 Am Jur 2nd "Foreign Corporations" sections 4-45
- 39 Am Jur 2nd "Habeas Corpus", section 97
- 52 Am Jur 2nd "Mandamus", section 314, 367
- 54 Am Jur 2nd "Monopolies", sections 394, 398-399, 836, 840, 862
- 61 Am Jur 2nd "Physicians, Surgeons, Etc." sections 200-377
- 70 A Am Jur 2nd "Social Security and Medicare", sections 468 et seq
- 75 AM Jur 2nd "Trial", sections 205-216
- 79 Am Jur 2nd "Welfare", section 50
- 81 Am Jur 2nd "Witnesses", section 79, 172 et seq
- 82 Am Jur 2nd "Worker's Compensation", sections 504 et seq
American law reports[edit]
- 48 ALR Fed 259
- 49 ALR Fed 674
- 64 ALR Fed 971 (learned treatises)
- 41 ALR 433 (mandamus)
- 112 ALR 438 (mandamus)
- 76 ALR 2nd 946
- 88 ALR 2nd 650
- 90 ALR 2nd 1323
- 2 ALR 3rd 286
- 9 ALR 3rd 1413
- 14 ALR 3rd 594
- 21 ALR 3rd 912 (workers' comp discovery)
- 44 ALR 3rd 24
- 55 ALR 3rd 1322
- 59 ALR 3rd 441
- 61 ALR 3rd 1297
- 81 ALR 3rd 1297 section 3 (b), 8 (a), 9(a)
- 85 ALR 3rd 1196 (mandatory reporting of suspicious wounds)
- 97 ALR 3rd 324 (Landeros v. Flood)
- 1 ALR 4th 1124
- 22 ALR 4th 774
Proof of facts[edit]
- 2 Proof of Facts 2nd 365 et seq (child abuse)
- 3 Proof of Facts 2nd 265 et seq (child abuse)
- 6 Proof of Facts 2nd 345 et seq (child abuse)
Case law citation[edit]
- Barron v. Florida Freedom Newspapers Inc., (Fla) 531 So 2nd 113, 13 FLW 497, 15 Media LR 1901
- Barsky v. Board of Regents, Supreme Court of the United States, 1954, 347, US 442, 74 S. Ct. 650, 98 L. Ed. 829
- Butler v. Doyle, Supreme Court of Arizona, 112 Ariz. 522, 544 P. 2nd 204
- Colorado State Board of Medical Examiners v. District Court, 191 Colo. -, 551, P. 2nd 194 (1976)
- Continental Oil Co. v. United States (Ca 9 Ariz) 330 F 2nd 347 reprinted in 9 ALR 3rd 1413
- Ex Parte Clarke, 126 Cal, 235, 58 P 546
- Fairbank v. hardin (CA 9) 429, F2d 264, cert edn 400 US 943, 27 L Ed 2nd 247, 91 S. Ct. 244
- Globe Newspaper Co. v. Superior Court of County of Norfolk, 457 US 596, 73 L ED 2nd 248, 102 S. Ct. 2613, 8 Media LR 1689
- In Re Parsons, 150 US 150, 37, 1, L Ed 1034, 14 US Supreme Court, 50
- International Harvester Co. v. Eaton Circuit Judge, 163 Mich 5, 127 NW 695
- Jencks v. United States, 355, US 657 (1957)
- Klinge v. Lutheran Charites Ass'n, United States Court of Appeals for the Eighth Circuit, 1975, 523 F. 2nd 56
- Landeros v. Flood 17 Cal. 3rd 399, 131, Cal. Reporter, 69, 551 P.2nd 389
- Matchett v. Superior Court, 40 Cal. App. 3rd, 623, 115 Cal. Reporter 317 (1974)
- Oxnard Publishing Co. v. Superior Court of Ventura County (Cal App) 68 Cal Reporter 83
- Perales v. Richardson 91 A SCR 1420, 1971
- Press-Enterprise Co. v. Superior Court of California, 478 US 1, 92 L Ed 2nd 1, 106 S. Ct. 2735, 13 Media LR 1001
- Re Iowa Freedom of Information Council (CA Iowa) 724 F 2nd 658, 10 Media LR 1120;
- Rosenthal v. Dickerman, 98 Mich 208, 57, NW 112
- Smith v. Superior Court of San Joaquin County, 189 Cal.App.2d 6; 1 Cal Reporter reprinted in 88 ALR 2nd 650


text:
I was wondering if there was anyone out there who has paid an adoption agency in advance before there was a match or even a prospect. I was thinking this may be a good idea to ensure that the agency does not go over our budget.
We are going through A Act of Love Adoption Agency in Utah.
Any help would be good. Thanks.


text:
4 keeper in 2 hours and no one around
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Registered User
Join Date: Jan 2000
Location: Any
Posts: 1,260
RE:4 keeper in 2 hours and no one around
Nat, you beat me to the punch - I was thinking about posting a similar idea re: lurkers & lack of contribution.
For those that lurk, I think on this board especially, any and all questions or comments are welcome and addressed in the most diplomatic manner.
I met Juro last year (it seems like YEARS ago), on Monomoy, on a RT clave and didn't know he was a guide. I was impressed by his knowledge and willingness to share information & teach. A trait I greatly admire which I first encountered with my friend who got me into wingshooting years & years ago.
Now that I have a little knowledge of how & where to fly fish the salt, I try to emulate those that have helped me and share my cursory knowledge with those who can use it or express an interest.
I guess what I'm trying to say is that we are the stewards of the future of this beautiful sport and the survival of our game. It is up to us to help others appreciate it in the most non-invasive manner possible.
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text:
Don't get headsets with multiple "speakers" per ear. And don't fall for those claims about "True 5.1 Channel". If it's 5.1 channels it's 5.1 channels. Same with 7.1 channels, or 2.1 channels, or whatever. No one is more "true" than the other. What distinguishes headphones is their sound signature, not how many channels they claim to have. A good stereo headphone should be able to provide the positioning and vast soundstage needed for these sort of games.
If you're committed to upgrading your setup, I'd buy the sound card first, then buy the headphones.
Edited by mbamg - 7/24/12 at 9:49pm


text:
Full profile →'">
The author is a Forbes contributor. The opinions expressed are those of the writer.
It's imperative to understand how investors think and analyze opportunities when you're on the path to raising money. Having been a serial entrepreneur my whole career, I decided it was time to take a step back and dedicate time to learning about how venture capitalists analyze opportunities.
So I took a plunge into the dark side (just kidding!) and decided to learn from some of the smartest people in the country. Luckily, I was accepted into the Young Entrepreneur Program at Foundation Capital, a fund that has invested in the likes of Netflix, Chegg, and Adroll. Through this program, I help identify promising startups in my community and learn from the partners at Foundation what aspects of a startup they find exciting. I also joined the team at OCA Ventures, one of Chicago's finest and most established VC firms. OCA is known for being tremendously helpful to entrepreneurs, serving as advisors as well as investors.
What I'm learning is that VCs generally look for three aspects of a company, then they look at a subset of questions. But these three aspects must absolutely be met and agreed upon before consideration. Here are the three things VC's undoubtedly look for in every startup pitch:
What Are The Chances That This Is The Next Billion Dollar Company?
This is the question VCs ask themselves when they hear an entrepreneur pitch. There is a divergence on how entrepreneurs view their companies, and how investors analyze opportunities. VCs need to hit it big, so they need to invest in companies that have the potential to be home runs. They understand that many of their investments may end up having smaller returns (or totally tanking) but the most important part is that the market size could potentially support a big company. If your startup's total addressable market is just a few billion dollars, it's not a VC business (but there are plenty of other types of investors who would be interested in so to speak, smaller outcomes).
How Good Is The Team?
In early stage tech startups, the team is crucial to analyzing the potential success of a company. Before massive product adoption (or even pre product) most investors bet on the team. That's why a successful entrepreneur has a much, much higher probability of raising capital than someone who has never built a company before. Even better are teams who have worked together to build successful products. Often, the media calls Silicon Valley crazy when a company is funded that is pre-product and pre-revenue, but look a little deeper and you'll often find that the team explains the bet. Venture capitalists are some of the smartest people in our economy, and they know that the early bet is on people.
Why Now?
The last of the trifecta of basic questions VCs think about is the market timing. Why is now the right time for this product to explode? One of the hallmarks of a VC funded business is the ability for a company to have massive growth quickly, and that means that the market must be perfectly timed. Think about Instagram: it would not have experienced insane growth had smartphones not become ubiquitous and cheap enough for teenagers to own. Facebook also had to establish the paradigm of mobile social networking before Instagram could take it a step further.
VCs look for the perfect storm of confluences that will make their capital fuel the growth of disruptive technologies and ideas. An entrepreneur needs to understand this and include some exciting statistics and potentially market data explaining the big opportunity that needs to be funded...now.


text: Hi I'm a Sydney based graphic designer currently working as a Junior Digital Artist at the visual effects studio Animal Logic. I love a good comic, playing videogames and collecting BJD's. In my free time I like to expunge characters and ideas from my brain on to Photoshop. Although less active on Deviantart you can find more of my work on Tumblr. Personal sketchdump Tumblr: devkimiko.tumblr.com/ Art-only Tumblr: nadiaattlee.tumblr.com/ Flickr: www.flickr.com/ Twitter: twitter.com/DevKimiko Portfolio: www.devkdesigns.com Current Residence: North-West Sydney Operating System: Mac OSX MP3 player of choice: Red G3 Nano and iTunes Wallpaper of choice: One Piece colour spreads Favourite cartoon character: Sanji |


text:
Zavala was buoyed by Obamaâs announcement last month that many young undocumented immigrants would be allowed to live legally in the United States for at least two years.
Zavala is from a small village in the northern state of Sinaloa, Dolores Hidalgo.
She studied cosmetology in Mexico, but in her hometown of only about 100 houses, she didnât have a lot of work styling hair.
She moved to Ciudad Obregón, a city about the size of Riverside, according to Encyclopaedia Britannica Online. There she worked in a factory to supplement her low pay as a hairstylist.
The road to citizenship wasnât easy for Zavala.
She studied English at Riverside City College for 10 semesters. She works six days and more than 48 hours a week at the salon she has owned for 12 years.
Zavala also is among 20 students from a Riverside Adult School citizenship class to pass their citizenship test this past school year. The exam, which includes an oral interview, covers civics as well as English, teacher Marilyn Farrell said.
At her salon, U.S. and Mexican flags decorate the counter in front of a set of shelves with a statue of Our Lady of Guadalupe and pictures of her son.
Zavala said she left Mexico for Chicago in 1993 when her aunt told her of a friend there who would pay Zavala to take care of her two youngest children and clean her home.
After nine months, Zavala returned to Mexico, but left a few months after that for California.
She said she arrived on a six-month tourist visa and stayed. She became a legal resident in 1999. She married her husband, Maximiliano G. Cárdenas, in 2005.
Zavala is an inspiration, said close friend Mary Sgobba, who started bringing her mother to Lydiaâs Beauty Salon 10 years ago and is now also a customer of the Hole Avenue shop in the La Sierra neighborhood.
âA lot of people donât take the time to become citizens,â Sgobba said. âThey just reap the benefits.â
Sgobba said her parents came from northern Italy in 1937, a few months after her older sister was born, and recalled the pride they felt when they became citizens. It encouraged their children to do well in school, Sgobba said.


text:
D'Park, Braves battle for Hi-lyte/Insports berth
THE last remaining spot in the Hi-lyte/Insports Southern Conference Community Basketball League will be decided this afternoon when Duhaney Park meet Braves to see who advance as the best sixth-placed team.
Fifteen of the 16 teams have already been decided, with the top five places in the three groups already cemented. Blazing Panther and Upper Room Church were the last two of the lot to consolidate their places with victories on Thursday.
Blazing Panthers defeated Norman Gardens Dragons, 69-44, to join the latter and Duhaney Park on 12 points. However, Duhaney Park dropped to sixth based on results in the match-up between the teams. Upper Room also advanced with a 59-48 win over Aqua 'B'.
The win lifted Upper Room from 11 to 13 points and they progressed from Zone Three, along with fifth-placed North Street on 13 points. As a result, Braves were relegated to sixth place.
At the Edward Seaga Courts on Thursday, Nicholas Venson posted a game-high 21 points and 15 rebounds in Upper Room's win over Aqua 'B'. Ricardo Morris was Aqua's topscorer with 18 points.
Upper Room outplayed their opponents to take a 20-14 lead after the first quarter, but Aqua rallied to win the second quarter, 17-10, for a one-point (31-30) lead at half-time.
However, Upper Room were rampant in the third quarter as they outscored Aqua, 20-7, for a 50-38 lead going into the last period of the game. Upper Room were hardly threatened during the last quarter and they came out comfortable winners in the end.
In the other key match-up, Jermaine Patterson bagged 23 points and 15 rebounds for Blazing Panther, with Nicholas Fyne showing good support with 10 points in their win against Norman Gardens.
Norman Gardens' Sheldon McGrowder was the game's topscorer with 24 points.
The Panthers, who needed to win to have any chance of making it to play-offs, dominated three of the four quarters to take a convincing win. They led 13-9 after the first quarter and 27-23 at half-time, after the second quarter drew 14-14.
But in the third period, the Panthers outscored the Dragons, 19-10, to lead 46-33 going into the final quarter, which they also won, 23-11.
In other games, early qualifiers Pembroke Hall defeated Zone Two winners, Denham Town, 69-63 in over-time, thanks to Andrew Bell's game-high 32 points.
Another qualifier, Linkup Allstars, also scored an easy 92-47 win over Waterhouse. Nico Philip scored 20 points, Garfield Campbell 19 and Sheldon Little 18 for Linkup. Sean Anderson topscored for Waterhouse with 14 points.
In the play-offs which begin on January 13, Aqua Youths play North Street Heat, Denham Town Warriors face Norman Gardens, Megamart take on Portmore Blazers, Linkup Allstars meet Blazing Panthers, Rae Town Raptors are up against Spanish Town Meadows, Upper Room take on Sky Legends, Pembroke Hall tackle Hagley Park Thorns, while Arnett Gardens Rockers will play the winner of the Braves, Duhaney Park game.


text:
FX's unmissable "Fargo": Billy Bob Thornton and Martin Freeman star in the fabulous new scripted cable series. Read More »
We Laugh to Keep From Crying: The Top Five Black-Comedy Films
Without hardship and turmoil, there would be no need for humor. Read More »
DVD Review: Monsieur Verdoux – The Criterion Collection
Accompanied by some fascinating extras, this controversial Charlie Chaplin classic just might gain new fans with this edition. Read More »
Blu-ray Review: The Tin Drum (Die Blechtrommel) – The Criterion Collection
David Bennett paves the way for Peter Bark's groundbreaking performance in Burial Ground. Read More »
Movie Review: Stitches (2012)
On April Fools night, I attended the gala red carpet American premiere of Stitches, an Irish horror spoof starring Ross Noble, an English comedian who has yet to be well-known in the States, but this film may help to start opening doors in America for him. Noble wasn't present at the screening, but the film's director/co-writer, Conor McMahon, and its ... Read More »
Theater Review (LA): Trainspotting at Elephant Theatre
Irvine Welsh's cult novel receives an energetic revival in Hollywood from seat of your pants Productions. Read More »
Theater Review (LA): Sweeney Todd: The Demon Barber of Fleet Street
Pacific Opera Project presents a superb, full-bodied revival of Sondheim and Wheeler's Tony award-winning dark musical. Read More »
DVD Review: Eating Raoul – The Criterion Collection
Paul Bartel's cult comedy about swingers and murder is still pretty out there after all these years. Read More »
Persona Au Gratin Stars Wendy Charles and Mel England Chat About Their New Film
Persona Au Gratin stars veteran actors sit down for an interview with Blogcritics. Read More »
Theater Review (LA): Re-Animator The Musical at the Hayworth
The hilariously ingenious musical adaptation of Stuart Gordon's 1985 cult classic film is back for a limited L.A. run. Read More »


text:
"SONG can spark a moment. FLOWER can wake the dream. TREE can start a forest. BIRD can herald spring. SMILE begins a friendship. HANDCLASP lifts a soul.WORD can frame the goa. VOTE can change a nation. SUNBEAM lights a room. CANDLE wipes out darkness. LAUGH will conquer gloom. STEP must start each journey. WORD must start a prayer. HOPE will raise our spirits. TOUCH can show you care. VOICE can speak with wisdom. HEART can know what is true - One LIFE can make a difference."
Female Imagination
"my life is a performance for which i was never given any chance to rehearse. If i had then I may not have screwed everything up. Nor hurt that special someone I had been searching for sent to me from the kingdom of guardian angels.."
"It's the heart afraid of breaking that never learns to dance. It is the dream afraid of waking that never takes the chance. It is the one who won't be taken who cannot seem to give. And the soul afraid of dying that never learns to live."
Bette Midler
"I may not be the most important person in your life, but when you hear my name, I hope you smile and say "HEY THAT'S MY FRIEND"."
"Be careful of your thoughts, for your thoughts become your words. Be careful of your words, for your words become your actions. Be careful of your actions, for your actions become your habits. Be careful of your habits, for your habits become your character. Be careful of your character, for your character becomes your destiny"
"Lettice is like a conversation. It must be fresh and crisp, so sparkling that you hardly notice the bitter in it. Then there is the cool cucumber. Like so many people. Good for nothing when it is ripe and the wildness has gone out of it."


text:
Penelope Cruz Gets Food Poisoning in Cannes
Penelope Cruz was sidelined by food poisoning while in Cannes, France, on Monday.
The Oscar-winning actress, who was at the film festival to premiere her movie, Broken Embraces, was also scheduled to promote clips from her upcoming musical, Nine. She was slated to present a trailer and teaser for the film with Harvey Weinstein, but Cruz was too sick to make an appearance.
"She's got some kind of food poisoning," Weinstein said at a press conference. "She's been really sick and being treated by a doctor now."
He said that she will likely be back to full health by Tuesday, adding that "tomorrow night is her premiere for her movie, so she really wants to get better."
He later told Usmagazine.com that "she's a little better [than earlier today]."
A source — who said she got feverish after eating fish Sunday night — told Us that the actress was also due to host the Hollywood Domino event Monday evening but has had to pull out.
"She really wants to be there, but it's so unlikely now," the source said. "The priority is to get better for tomorrow night. No one wants to lose their Cannes moment."
The source added: "She was so disappointed because she wanted to enjoy the festival. Now she's stuck in bed."
Cruz's film, Nine — which costars Marion Cotillard, Nicole Kidman, Kate Hudson and Fergie — will premiere in November.


text:
Learn how to protect yourself from Internet scams. Read our online fraud prevention tips
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