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June 21, 1994
DAVID L. WILKINSON, Plaintiff,
LEGAL SERVICES CORPORATION, Defendant.
The opinion of the court was delivered by: JOYCE HENS GREEN
Plaintiff, David L. Wilkinson ("Wilkinson"), filed a three-count second amended complaint in this action against defendant, Legal Services Corporation ("LSC"), pursuant to the Government in the Sunshine Act ("Sunshine Act"), codified at 5 U.S.C. § 552b, the United States Constitution, and the by-laws of the LSC. Presently pending are the parties' cross-motions for summary judgment and the motion of intervenor-defendant, the United States of America ("United States" or "Government"), for summary judgment as to Count Two. For the reasons expressed below, plaintiff's motions are granted as to Counts I and II, defendant's motions are denied as to Counts I and II, intervenor-defendant's motion as to Count II is denied, and Count III is mooted by the actions taken herein.
I. Background
The facts are basically not in dispute. The LSC is a private, non-profit, tax-exempt corporation established by the Legal Services Corporation Act of 1974 ("LSC Act"), codified at 42 U.S.C. § 2996b. It provides financial support for legal assistance in certain non-criminal proceedings to persons throughout the United States who cannot otherwise afford legal assistance. The LSC Act provides that the LSC is subject to the provisions of the Sunshine Act, see 42 U.S.C. § 2996c(g), and, with slight modification, the LSC is subject to the procedural regulations of the Sunshine Act, codified at 45 C.F.R. §§ 1622.1-1622.10.
Plaintiff began serving as the Inspector General ("IG") of the LSC on September 5, 1989, pursuant to the Inspector General Act of 1978, codified at 5 U.S.C. § 8E. The written employment agreement between Wilkinson and the LSC provides for an initial two-year term of office, which would be automatically extended from year to year unless either party gave notice of an intent not to extend by March 5 of the final year of the contract.
As IG, Wilkinson reported directly to the eleven member Board of Directors ("Board") that governs the LSC. The members of the Board, who are appointed by the President of the United States with the advice and consent of the Senate, serve a specific term of years, but the LSC Act states that each member of the Board shall continue to serve until a successor to that member is appointed and confirmed. See 42 U.S.C. § 2996c(b). Further, the by-laws of the LSC require each member of the Board to execute a "willingness to serve statement," which avows that they will discharge the required duties faithfully. One of these required duties is to elect the President of the LSC, who serves as chief executive officer subject to the Board's supervision.
On October 1, 1990, David H. Martin ("Martin") began his term as President of the LSC. Plaintiff alleges that from October 1990 to "at least" January 1991, Martin "assumed and exercised total power and control over management of the [LSC], on the asserted basis that there were no qualified members of the Board of Directors to whom he was required to report during that period." Second Amended Complaint P 4A. Wilkinson further alleges that Martin "conceived and initiated a scheme to get rid of other senior officials and employees of the [LSC], including the Vice President and General Counsel, the Secretary . . . and the Inspector General, and to hire personal friends in responsible positions at the [LSC]." Id.
On January 2, 1991, the President of the United States announced eleven recess nominations to the Board.
The eleven individuals were formally nominated on February 7, 1991, but were never confirmed by the Senate. Further, none of the eleven individuals signed a "willingness to serve" statement before February 22, 1991.
Prior to February 22, 1991, the Board retained outside counsel to advise it of its rights under Wilkinson's employment contract. By letter dated February 25, 1991, the LSC notified Wilkinson that his employment contract would not be extended beyond September 5 of that year. Subsequently, on March 25, the Board convened an executive session to meet with the outside counsel and discuss the matter of plaintiff's employment contract.
The second amended complaint has three counts. Count I alleges that the Board conducted meetings in private in violation of the Sunshine Act and the by-laws of the LSC, both of which require open meetings. Specifically, this count alleges that on January 28, 1991, February 22, 1991 and March 25, 1991, portions of the Board meetings were unlawfully closed to the public. Count II alleges that the members of the Board given recess appointments by the President on January 2, 1991 and formally nominated on February 7, 1991 did not have the power to act as Directors. In this count, plaintiff alleges that the Recess Appointments Clause does not apply to the LSC and that the Directors were never confirmed by the Senate. In Count III, plaintiff claims that the termination of his employment on September 6, 1991 was in violation of the by-laws of the LSC and the LSC Act.
II. Discussion
The parties have each moved for summary judgment on all three counts. In addition, the United States has intervened as a defendant in this action and filed a motion for summary judgment as to Count II. Summary judgment is appropriate when there is "no genuine issue as to any material fact and . . . the moving party is entitled to judgment as a matter of law." Fed. R. Civ. P. 56(c). "The inquiry performed is the threshold inquiry of determining whether there is a need for trial--whether, in other words, there are any genuine issues that properly can be resolved only by a finder of fact because they may reasonably be resolved in favor of either party." Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 250, 91 L. Ed. 2d 202, 106 S. Ct. 2505 (1986). In considering a motion for summary judgment, the "evidence of the non-movant is to be believed, and all justifiable inferences are to be drawn in his favor." Id. at 255. At the same time, however, Rule 56 places a burden on the nonmoving party to "go beyond the pleadings and by [his] own affidavits, or by the 'depositions, answers to interrogatories, and admissions on file,' designate 'specific facts showing that there is a genuine issue for trial.'" Celotex Corp. v. Catrett, 477 U.S. 317, 324, 91 L. Ed. 2d 265, 106 S. Ct. 2548 (1986).
A. The Sunshine Act
In Count I, plaintiff raises a number of procedural challenges to the closing of portions of the January 28, 1991, February 22, 1991 and March 25, 1991 meetings of the Board. Specifically, plaintiff alleges that: (1) there was no adequate or meaningful public notice of closure; (2) the votes used to close the meetings were done in violation of the by-laws; (3) the public explanations for the closed meetings were inadequate; (4) the general counsel was not given an opportunity to determine if the meetings were lawfully closed; (5) the transcripts of the meetings were not made open to the public or properly maintained; and (6) the LSC did not keep attendance records of the meetings. Defendant denies each of these alleged procedural irregularities and further claims that the questioned meetings were properly closed pursuant to Exemptions 2, 9(B) and 10 of the Sunshine Act and the attorney-client privilege.
Resolution of this count necessarily proceeds in two phases. First, it must be determined whether the claimed Sunshine Act exemptions or the attorney-client privilege apply to the questioned meetings. If any one of these justifications for public closure apply, then the procedural challenges must be evaluated.
As stated above, defendant claims that the subject meetings were properly closed to the public pursuant to Exemptions 2, 9(B) and 10 of the Sunshine Act. These claims must be analyzed in light of the policy of the Sunshine Act, which is that "the government should conduct the public's business in public." Common Cause v. Nuclear Regulatory Comm'n, 218 U.S. App. D.C. 262, 674 F.2d 921, 928 (D.C. Cir. 1982) (citation omitted); see Clark-Cowlitz Joint Operating Agency v. F.E.R.C., 255 U.S. App. D.C. 9, 798 F.2d 499, 501 (D.C. Cir. 1986) (en banc); Government in the Sunshine Act, ch. 409, 90 Stat. 1241 (1976) (declaring as the policy of the Sunshine Act that "the public is entitled to the fullest practicable information regarding the decisionmaking process of the Federal Government"). Toward this end, the Sunshine Act requires that every meeting of a federal agency be open to the public, although portions of a meeting may be closed if the discussions are "reasonably likely" to fall within one of the ten enumerated exemptions. Common Cause, 674 F.2d at 928; Philadelphia Newspapers, Inc. v. Nuclear Regulatory Comm'n, 234 U.S. App. D.C. 96, 727 F.2d 1195 (D.C. Cir. 1984). The exemptions, however, are to be narrowly interpreted and the agency bears the burden of proof on any claimed exemption. Common Cause, 674 F.2d at 928.
The first Sunshine Act exemption upon which defendant relies is Exemption 2. Exemption 2 permits an agency to close any meeting or any portion thereof at which information that "relate[s] solely to the internal personnel rules and practices of an agency" will be discussed. 5 U.S.C. § 552b(c)(2). Defendant claims that because any discussion regarding Wilkinson's position at the LSC is a "strictly internal matter," it falls within the purview of Exemption 2. Defendant Legal Service Corporation's Memorandum of Points and Authorities in Support of Motion for Summary Judgment ("Defendant's Mem.") at 19-20 (quoting H.R. Rep. No. 94-880 (Part I), 94th Cong., 1st Sess. 9 (1976)).
There is a dearth of case law interpreting Exemption 2 of the Sunshine Act. In Common Cause, however, our Court of Appeals noted that the language of Exemption 2 to the Sunshine Act "is virtually identical with that in Exemption 2 to the Freedom of Information Act" ("FOIA"). 674 F.2d at 937. That court further recognized that the "conference report on the Sunshine Act expressly adopts the standards of Dep't of Air Force v. Rose,. . . the leading Supreme Court decision interpreting Exemption 2 of FOIA." Id. In Department of Air Force, the Supreme Court, relying on the Senate Report to FOIA, interpreted Exemption 2 to include only "minor or trivial matters" and not "those more substantial matters which might be the subject of legitimate public interest." 425 U.S. 352, 365, 96 S. Ct. 1592, 48 L. Ed. 2d 11 (1976). Because any discussion of the employment status of high ranking officials at the LSC is not a "minor or trivial matter," Exemption 2 does not permit closure of any of the LSC meetings at issue.
The next exemption upon which the LSC relies is Exemption 9(B), which permits closure if the discussion at the meeting would "disclose information the premature disclosure of which would . . . be likely to significantly frustrate implementation of a proposed agency action." 5 U.S.C. § 552b(c)(9). Defendant asserts that this exemption applies because the Board discussed its assessment of plaintiff's bargaining position at the meetings, and public disclosure of this position would operate to the detriment of the LSC. Defendant's Reply at 7.
Although this exemption is difficult to interpret and, perhaps, more perplexing to apply, the LSC has not met its burden of justifying closure pursuant to Exemption 9(B). An analysis of this exemption must be mindful that the principle of narrow construction applies "with particular force to this exemption." Common Cause, 674 F.2d at 932. This is primarily because Congress deliberately excluded an exemption comparable to FOIA Exemption 5 (predecisional deliberations) from the Sunshine Act, and courts must be wary not to permit Exemption 9 to be used as a de facto equivalent of FOIA Exemption 5. Id. An Exemption 9(B) claim, therefore, is properly analyzed in reference to the four concrete examples of the application of this exemption in the House and Senate Reports. The examples referenced in the House and Senate Reports are (1) an agency considering an embargo on foreign shipments of certain goods; (2) an agency discussing whether to approve a proposed merger; (3) an agency proposing its strategy for an upcoming collective bargaining with its employees; and (4) an agency contemplating a purchase of real property. See Common Cause, 674 F.2d at 933. The common thread in these examples is that disclosure of the agency's proposals or bargaining position "could affect private decisions by parties other than those who manage the federal government," and the "private responses of such persons might damage the regulatory or financial interests of the government as a whole." Id. Any discussion of Mr. Wilkinson's employment status is much more akin to unprotected "predecisional deliberations" than to the actions protected by Exemption 9(B).
The final exemption upon which the LSC relies is Exemption 10. This exemption permits an agency to close a meeting if the discussion will address, inter alia, "the agency's participation in a civil action or proceeding". 5 U.S.C. § 552b(c)(10). There is no requirement that litigation be pending, provided adversarial proceedings are imminent. See Clark-Cowlitz Joint Operating Agency, 798 F.2d at 499. Defendant claims that "large portions of the January 28, 1991, February 22, 1991, and March 25, 1991 executive sessions were devoted to presentations by LSC'S chief legal officer concerning LSC'S involvement in pending litigation." Defendant's Reply at 8-9. Plaintiff does not dispute this assertion, insofar as LSC's counsel discussed then-pending or imminent litigation matters with the Directors. Plaintiff's Reply at 4. The LSC, however, has given no indication that any discussion regarding Wilkinson's employment status and any potential litigation spawned therefrom occurred at the meetings. Accordingly, Exemption 10 does not apply.
Finally, LSC claims that the attorney-client privilege shields disclosure of the meeting transcripts. This claim cannot be sustained. Congress did not include in the Sunshine Act an exemption similar to FOIA'S Exemption 5 for predecisional memoranda, which the Supreme Court has held to incorporate the attorney-client privilege. See NLRB v Sears, Roebuck & Co., 421 U.S. 132, 154, 44 L. Ed. 2d 29, 95 S. Ct. 1504 (1975). To permit the LSC to hide behind the shield of the attorney-client privilege would be an impermissible inclusion of FOIA Exemption 5 into the Sunshine Act or an unjustified extension of Exemption 10. See Clark-Cowlitz Joint Agency, 798 F.2d at 505 (Wright and Mikva, JJ., dissenting). ...
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text: I saw an ad on TV by the AARP that shows a senior citizen, with a gang of seniors behind him, saying: "... Washington, before you even think about cutting my Medicare, and Social Security benefits, here's a number you should remember: 50 million. WHAT an ABSOLUTE LIE!!! The TRUSTEES STATE BENEFITS will be CUT.. not politicians! NOT ONE person that WANTS to CONTINUE Medicare/SS are suggesting CUTTING BENEFITS for CURRENT MEDICARE/SS beneficiaries! IT IS A BALD FACE LIE :"cutting my Medicare, and Social Security benefits, " BUT AARP is using SCARE TACTICS based ON LIES to insure the Failure of Medicare and Social Security! AARP is going against the Trustees of Social Security's Assessment.. PLEASE Download this presentation from THE TRUSTEES!!! FACTS FIRST.. from the Trustees of report that can be downloaded.. Social Security Benefits, Finances, and Policy Options: A Primer | National Academy of Social Insurance Page 25 ------In 2010 Trust fund received $781.1 billion paid out $712.5 billion leaving $68.6 billion used by U.S. government. BUT!!!! page 31...In 2023, revenues plus interest income to the trust funds will be less than total expenditures for that year. Reserves will start to be drawn down to pay benefits. MY COMMENT: MORE MONEY WILL BE PAID OUT THEN MONEY COMING IN!! In 2036, trust fund reserves are projected to be depleted. Income is projected to cover 77% of benefits due then. MY COMMENT: MORE MONEY PAID OUT THEN MONEY COMING IN!! By 2085, assuming no change in taxes, benefits or assumptions, revenue would cover about 74% of benefits due then. MY COMMENT: MORE MONEY PAID OUT THEN MONEY COMING IN!! Advocates that WANT to SAVE Medicare/SS suggest ANYONE under 55 be allowed to 1) Accumulate guaranteed over $500,000 in their working life time! WHICH THEY CAN NOT do with AARP's SUGGESTED STATUS QUO! 2) That anyone under 55 can still use current BUT will have a CHOICE.. NOT FORCED!

subset: commoncrawl


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Thursday, 22 April 2010
Early Doors Variations
My friend Chris in Edinburgh gets people to go to a club to listen to him play records! He has the best flat in the whole of the UK. Seriously, his flat made me not have a nervous breakdown once. I like designing for Chris. He's like "I NEED THIS FOR THE END OF THE WEEK!" but not in capitals because he is too nice for that, and I'm all like "OK!"
Continuous variations on the Wolf Party identity I did earlier this year.
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|The Thrills and Agony of Collaboration
Wednesday, November 14, 2012
Saturday, September 15, 2012
Tapestry Workshop Signup Deadline
Time is running short and seats are filling for the Tommye Scanlin/Pat Williams Advanced Tapestry Weaving workshop at Sutherland Oct. 27-29. Tommye and Pat have been working on the program for the workshop and it sounds like it will be a very productive and inspiring three days.
Because they want you to get the most out of the workshop, they need to have a final count by Oct. 12. So that is the signup deadline. We have a 10 participant limit for this workshop, so if you've been thinking about this one, let us know right away if you'll be joining us.
Call or email for more details.
Saturday, August 11, 2012
Scanlin/Williams Return for Advanced Tapestry Weaving Class
Popular tapestry weavers and teachers Tommye Scanlin & Pat Williams return to Sutherland Handweaving Studio this fall for more tapestry weaving instruction.
This time bring at least three designs, or photos, or something torn from a magazine--representations of what you would like to weave into a tapestry. In other words, at least three ideas that would get you started on developing a cartoon suited to tapestry structure. Based on the cartoon, you will be guided in choosing an appropriate warp sett and a suitable color scheme, and encouraged to try new techniques that might be used for this particular design. Then you will start weaving with either a sampler for your next tapestry or possibly the tapestry itself!
Tommye Scanlin. "Kudzu: Bad Seed," 24" x 24"(c) 2010
Pre-requisites: You must be able to warp a loom and have taken a beginners' tapestry workshop in your lifetime. What to Bring: Bring your own loom and warp it in the workshop according to your design. A variety of warp and weft yarns will be provided.
For anyone unfamiliar, check out Tommye's work at http://tapestry13.blogspot.com and Pat's at http://www.patwilli.com/
TO REGISTER: A deposit of $110 payable to Sutherland will be required to hold your place. Send to Sutherland Handweaving Studio, 122 Riverside Drive, Suite C, Asheville, NC 28801. Do not delay! These workshops fill quickly! The usual cancellation policies apply: If you must cancel more than 30 days prior to start of the workshop, you'll get your deposit back, less a service charge. If you must cancel within 30 days before the workshop, the deposit will only be refundable if we can fill your place with another student. October 27-29, 2012; 9 am to 4 pm; Class Fee: $220; Supplies Fee: $10
Pat Williams. "Red Winged Black Birds: Memorial to Their Falling From the Sky," 59" h x 21 w (c) 2011
Wednesday, August 8, 2012
|What the Teacher Learned at Convergence
Thursday, July 12, 2012
From Little Inkle Looms, Passementerie Grows
Thursday, June 21, 2012
|Here's a Toast to Alternative Second Warp Beams
Sunday, May 27, 2012
Don't Miss this Fashion Show Opportunity!
Call for Entries
Project Handmade Fashion Show to Feature Contemporary Designs by Local Makers
(May 23, 2012). Textile artists and fashion designers working within a 100-mile radius of Asheville, NC, are invited to submit entries for Project Handmade, a fashion show dedicated to showcasing contemporary garments made with traditional handcrafted detail using local materials. The goal is to inspire textile artists to engage resources available in the region and encourage innovation to showcase and distinguish the region's creative fiber and textile art community. The fashion show will be fall 2012 at the Asheville Art Museum.
Entries are due July 15, 2012, and must include digital images of original garments or fashion accessories representative of the applicant's work and an artist's statement that explains the processes involved in sourcing, creating, manipulating or embellishing the work and/or the fiber, yarn, fabric or patterns used to craft it.
Participants selected for the juried show will be asked to create garments or fashion accessories following the theme: Earth Tone Palette. Finished work must be received by Oct. 15, 2012, and is subject to final approval by the fashion show committee after the actual work arrives.
Any hand-processed technique may be used to make the fashion show submissions: growing, spinning, weaving, knitting, felting, dyeing, printing, draping, stitching, tailoring, painting or molding. Locally produced and repurposed materials are encouraged, as well as collaborations. For example, a local fashion designer might obtain fabric from a local weaver using yarn processed locally from a local fiber producer.
The fashion show is a joint project of Local Cloth: Farm/Fiber/Fashion Network and the Asheville Art Museum. Local Cloth is a Western North Carolina-based organization that encourages and supports collaboration among textile artists, designers, fiber producers, suppliers and related small businesses. Its mission is to sustain and grow a thriving regional fiber and textile arts economy and bring locally grown and made textile products to consumers within and beyond the Blue Ridge. Both Project Handmade and Local Cloth: Farm/Fiber/Fashion Network operate in cooperation with Handmade in America.
More details and entry guidelines are available at www.projecthandmade.org.
Saturday, April 7, 2012
More Tapestry Weaving at Sutherland!
We are happy to announce that Pat Williams will return to Sutherland June 15-17, 2012, to teach another tapestry workshop. This one will focus on beginners, because we've had a lot of interest in that. No experience, equipment or materials are necessary. The class will also be great for those who need a little refresher on the basics, as I seem to every time I start a new tapestry, and for those who've taken a class but would like a little more practice and guidance before moving on to a more advanced class we hope to offer next fall.
As usual, Pat provides all looms and supplies, but if you have a tapestry loom, you may bring it. Cost for the workshop is $180 for three full days, plus a supply fee for handouts and use of Pat's yarn.
Our tapestry workshop filled quickly this year, so don't delay if you're interested. A deposit of $100 will be required to hold your place. The usual cancellation policies apply: If you must cancel more than 30 days prior to start of the workshop, you'll get your deposit back, less a service charge. If you must cancel within 30 days before the workshop, the deposit will only be refundable if we can fill your place with another student.
Here's a picture of Pat taken during our tapestry workshop last November.
Let us hear from you soon if you're interested and thanks for spreading the word!
Monday, March 12, 2012
Saturday, February 18, 2012
Flipping Through the Years
Long time no post. The following post I wrote for Weaving Today was published last Wednesday. It talks about a new Textile Study Group just getting started in Western North Carolina. Contact me if you're curious about the group. In the meantime, hope you enjoy this lesson in "old-school" research.
PS: We had a great turnout, nearly 50 people…and they stayed awake! Even had some post-lecture discussion.
Flipping Through the Years
Research has changed since my first term paper. Type a subject into your favorite internet search engine. Hit the enter key and voila, hundreds, maybe thousands, of online references pop up. Some may be a little off target, others WAY off target and even those that seem on target may not be accurate. Still it's almost always possible to find what you're looking for pretty fast.
Sometimes, however, I like to go old school. At the suggestion of Catharine Ellis, of Woven Shibori fame, we've started a new Textile Study Group in Western North Carolina to investigate historic, cultural and technical aspects of textiles. Catharine was the presenter at our first meeting in January and told us about her tour of several textile art centers in India.
When the sign-up sheet was passed around last fall, somehow February seemed like a good month for me to present, as it was early in the Haywood Community College semester and after Convergence exhibit deadlines. I decided to talk about manufactured regenerated fibers, such as rayon, Tencel® and bamboo, how they're made, how sustainable they really are and why many handweavers love them. My textbook for the Haywood weaving classes was a handy and thorough reference for the technical information. (Textiles, by Sara J. Kadolph, if anyone is curious.)
Then 50 people showed up for Catharine's talk and, suffice it to say, she rocked. Deciding more in-depth research was required so I would not embarrass myself, I turned to my other go-to source: Handwoven's subject indexes, easily accessible at weavingtoday.com. My textbook is an excellent reference, but is focused on the textile industry. I knew I would find articles in back issues of Handwoven that discussed these fibers and yarns from the handweaver's perspective, and recalled seeing a whole issue devoted to what were called "new" fibers at the time.
I've saved every issue of Handwoven since I began subscribing in 1999 and have been lucky to collect many more from the 80s and 90s, so I can usually pull almost any issue I need right from my own stash. I downloaded the 2005-2011 Handwoven Index to start my search for these not-quite-natural, but not-synthetic-either, fibers. I was pleased to see the editors have added a shortcut to the indexes near the top left corner of the Weaving today home page.
Now here's what's fun about these indexes. It is not possible, at least not yet, to search them like a computer database by keyword. The index is a pdf document that requires scrolling through an alphabetized list of subjects. Bamboo is right on the first page. I noted the articles of interest on a little yellow sticky note and scrolled to Fibers.
Before leaving the b's, I spotted "Beiderwand," the subject of my latest structure fascination and a workshop I teach. I probably had already pulled those references, but I noted them just in case. "Collapse Weaves," my current project assignment at Haywood, came up shortly thereafter, so I started another sticky note. On the long path from F to Y, I spotted "Jurying Handwoven Textiles." I've been invited to jury a local textile show, so better grab that one. Every so often, I come across a reference for a story I wrote. That's always fun.
Oops, almost forgot about "Sea Cell," "Sea Silk" and "Soy Silk," but there they are in the s'. Finally I arrive at "Yarns" and quickly spot the issue I remembered: January/February 2005, page 26-29, "Fiber Forecast: A Guide to Using Yarns." I head to my Handwoven shelves and pull all the issues I've noted. Flipping quickly through the one from 2005, I find lots of stories about the subject of my February talk and a handy chart on page 29. I even find a collapse-weave article on page 48.
Already I feel more confident about my study group talk. Hope we get another good turnout! Happy flipping.
Sunday, January 8, 2012
New Things in the New Year
So it's 2012 and I am all in for trying new things this year. I started off with a bang, using alpaca from a local purveyor, Jaggerspun, and a yak/bamboo blend for two scarves I wanted to weave for men.
Wednesday, January 4, 2012
New Year, New Study Group Subject
Happy New Year, Sutherland Handweaving Studio Friends!
Karen Donde and Barb Butler invite all weavers and weaver wanna be's to join Sutherland's Weavers' Study Group as we start our second year. Our first meeting will be this Sunday, Jan. 8, from 2-4 pm, at our studio in the Cotton Mill Studios, 122 Riverside Drive, Asheville. We're starting a brand new study subject, so this is an ideal time to join. We meet monthly on a Sunday afternoon, but which Sunday tends to fluctuate. We'll try to work that out at the first meeting. So check out the details below and let us know if you'd like to join us. If you're interested but can't make it Sunday, we'll put you on the contact list for next month. Don't worry, we'll catch you up.
Our study subject this year is block weaves. The group will choose one profile draft and everyone will weave a piece based on that profile, similar to Handwoven's Weave-Along last year. Members will choose a month to show their sample and discuss how they interpreted the design. The process will work with any loom, from rigid heddle to multi-shaft.
At the first meeting on Sunday, Karen will provide a little tutorial about block theory, how to develop a profile draft and how to translate it to various weaves. We'll work together to design a two-block profile draft that will be our inspiration for the year. Then we'll assign months for members to present. Here's one of Karen's latest block weave projects.
We will also collect our $15 annual dues for 2012. Show-and-tell is one of the best parts of our meeting, so please bring whatever you've been working on, thinking about working on or have questions about. We love sharing successes and ideas.
We decided at our last meeting to arrange a tour of the Oriole Mill in Hendersonville, followed by dinner at the pizza place in Hendersonville. Our dues from last year would be applied to the bill for last year's study group members. Others are welcome to join us. We'll just ask that you buy your own pizza.
We had a lot of fun learning together last year and are excited about our study group's second year. Hope you can join us!
Karen and Barb


text:
diciembre 8, 2011
tadaa! it just took me 2 months to upload my blog! I have some bad excuses like a trip to Europe, medium trip to New Orleans, mini trip to Julian, move in to a new house , opening party… and the best one; work, work and work.
Here's some of my latest work and some interesting things I found in my little life recently…
Some examples of how boring it is to be vegetarian…
nuevos horizontes…
Jack in the light or Jackdelight
mystic mycelium morning
yep..baking ginger cactus cookies…
Working on what I personally think is one of the best American inventions: apple pie.
Bake apple pie not militar bases!
I need to do a painting based on this, how funny… be a ginger lover!
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text:
Why is self-discipline so elusive?
It's mid September which means many of us made New Year's resolutions over 9 months ago. It also means many of us haven't actively worked on them in months and for some, haven't even thought about them. So what is the reason that so many well-intended goals fall short of every being fully carried out? In Rory Vaden's book Take the Stairs, he describes the three mind-sets common to those who grapple with idleness or procrastination:
Fear: "I'm scared to do it."
Entitlement: "I shouldn't have to do it."
Perfectionism: "I won't try to do it if I can't do it right."
All three of the above are excuses we feed ourselves when a challenge suddenly seems tougher than we envisioned. The problem with this is, timing is rarely perfect, no one HAS to do anything, that's why passion is so important and often, challenges involving the most risk provide the most reward.
So again, it's mid September and those 9 month-old New Year's resolutions are still hanging out there. Maybe you've got resolutions from years past. Maybe you have goals that you set out to accomplish more recently that are weighing you down because you want to but haven't moved towards them.
These are not failures. They are opportunities to do something big. It's okay to be a little afraid and it's certainly okay to make mistakes. The riskiest mistake you will make is the one in which you do nothing but wait for the next January 1st to try again.
More Illustrations by MTS


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Original Painting of Pueblo Dance Scene [SOLD]
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- Category: Paintings
- Origin: San Ildefonso Pueblo
- Medium: Casein on Paper
- Size: 10-3/4" x 12-3/4" image; 18-3/4" x 20-3/4" framed
- Item # 25366 SOLD
This original painting by Tonita Peña (Quah Ah) of San Ildefonso Pueblo was probably painted in the 1920s as determined by the style of the signature. Over her career, Tonita used a variety of signatures on her paintings. (A complete description of the signatures and corresponding dates used may be seen in the biographical information provided by clicking on her name just below the above picture.)
The image depicts a pueblo ceremonial dance in the traditional style with no ground plane and no background. In her paintings of dancers such as this she was able to make her dancers appear in motion rather than fixed in time. Take note of the raised feet of the two male figures and the slightly raised right foot of the female dancer.
Tonita Peña was born at San Ildefonso Pueblo, but was sent, by her father, following the death of her mother, to live with an aunt at Cochiti Pueblo at the age of 12. She spent the remainder of her life there. She had begun painting when she was seven years old. She was the only woman painter in her generation and was part of the original group who participated in the contemporary watercolor movement.
This painting is very representational of her painting style. Most often she included a female in her paintings and who would be part of the dance group. The banner carrier at the lead and the drummer at the rear are also often seen in her paintings.
Condition: The painting appears to be in very good condition. There is a slight discoloration of the paper in the upper right but that does not enter into the painting itself. The mat is acid-free and in good condition. A beautiful black wood frame of substantial size encloses the painting.
- Category: Paintings
- Origin: San Ildefonso Pueblo
- Medium: Casein on Paper
- Size: 10-3/4" x 12-3/4" image; 18-3/4" x 20-3/4" framed
- Item # 25366 SOLD
Click on image to view larger.


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The First Regional Forum on Strengthening Health Systems for the Sustainable Development Goals (SDGs) and Universal Health Coverage (UHC) opened last Monday in Windhoek, Namibia with the theme Healthy Systems, Healthy People: Making Universal Health Coverage Work for Africa.
The Forum, organized by the World Health Organization Regional Office for Africa (WHO AFRO) in collaboration with the Government of Namibia, will initiate the WHO Africa Region's actions towards implementation of the health SDG and Universal Health Coverage.
In particular, the Forum aims to bring the technical leadership of Ministries of Health together with partners and other stakeholders to share experiences and agree on an African approach to building sustained, resilient and robust health systems.
It will also aid countries to create a set of common measurable actions needed to develop effective health systems across the region in order to propel them towards attaining Universal Health Coverage and achieving the SDGs.
"We must see health as a prerequisite, a determinant and an outcome of all the SDGs, and not merely the 'health goal'," Dr Matshidiso Moeti, WHO Regional Director for Africa, said at the opening of the Forum, calling on governments to provide the necessary stewardship in order to reach UHC and SDG targets.
Dr Moeti noted, "Investments in health systems are an important insurance for securing societies and their development," calling for a high level political commitment with a clear vision of health in the SDGs to be at the heart of countries' efforts.
She further underscored the need to develop "mechanisms to ensure in-depth intersectoral engagement and thereby to reinforce multi-stakeholder commitments and collaboration."
Speaking on behalf of the Prime Minister of Namibia, and expressing her country's determination to pursue the SDGs for the betterment of the lives of the Namibian people, Honorable Laura McLeod Katjirua, Governer of Khomas Region, said, "We are expecting that this forum, which is the first of its kind in Africa, will help expedite the efforts of countries in the Region towards Universal Health Coverage and achievement of SDGs.
Hence, strengthening the health systems is an indispensable prerequisite to realize our goal of a healthy nation."
In September 2015, the UN General Assembly adopted the SDGs, of which Goal 3 addresses health, underpinned by a target on UHC.
The health goal, among others, addresses the unfinished Millennium Development Goals (MDG) agenda as well as incorporates emerging issues such as non-communicable diseases, injury prevention and environmental health.
The SDGs therefore require effective health systems in countries, with services that are designed and distributed towards achieving UHC – leaving no-one behind.
Health is at the core of building wealthy and secure nations, and health systems are at the core of all efforts to ensure health for the people of the African Region.
Hence, countries need resilient and robust health systems in order to deliver on their health agenda, mitigate dangers to health, lives and livelihoods caused by emergencies and disease outbreaks, and eventually meet the targets of the SDGs and attain universal health coverage.


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Amid Deepening Rift, Trump Plans Review of Intelligence Community – New York Magazine
New York Magazine
Amid Deepening Rift, Trump Plans Review of Intelligence Community
New York Magazine
President Trump addresses the CIA during his first day in office. Photo: Pool/Getty Images. A week ago, Mother Jones was lamenting that everyone had mysteriously stopped talking about "biggest election-related scandal since Watergate": the U.S. …
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Saturday, December 26, 2009
25th of December 2009.
Went for a short ride with my son. Got told that my mountain bike is very hard to ride with. Right pedal is bend and wheels is out of allighnment I never noticed it. Have to start training again, picked up wheight and need to work and regain better vo max. All the beer and wine did not help. Try to get up early and go for along ride tomorrow.
Posted by Tappets on the Run at 4:32 PM No comments:
Sunday, December 20, 2009
New GT
Posted by Tappets on the Run at 8:55 PM No comments:
The Bike.
Armstrong wrote it is not about the bike but I can tell you going from a mountain bike to a road bike is one hell of a change. Mountain bike 13 kgs roadbike 7 kgs. My son took it for a ride and told me that it takes no effort to ride. Then I set it up for myself and off I go. What a differance no effort and no work to get up to 30 kms an hour. Man this bike is a gem. One O five components all over racing wheels carbon seat stay, carbon handle bars and lightweight tyres. What more do you want. Dont forget about the seat, a wing flex. Aluminium frame with carbon fork. Nine speed 105 Shimano. It's going to be fun to ride with the group again.
Posted by Tappets on the Run at 8:34 PM No comments:
Thursday, December 17, 2009
New bike.
Bought myself a road bike today. I am a GT fan and got this secondhand GT with really good components for hopefully a good price. It only weighs 7 kgs. What a pleasure after a 13kg mountain bike. A 6061 aluminium frame and a carbon fork with 105 components and some good wheels. I am picking it up tomorrow. Haven't ever ridden a decent roadbike. Don't like the thin wheels. But like the weight. Will tell you about it soon.
Posted by Tappets on the Run at 10:27 PM No comments:
Tuesday, December 15, 2009
Golf day Citrusdal.
This is really something I should not do. It is more difficult than riding 97km on a mountain bike. There should be a health warning to prevent non players playing in a work competition. Nine holes of hell. Temperature 38 degrees C. First hole a par five - what's that on a normal day? I get told: 'Don't look up when you want to hit the ball.' Easier said than done. Luckily we had a cart to drive around with. And luckily we had refreshment every three holes. Helped a bit with the jitters. Then in the end it did not help any more. So the "Bodorp" did not win. At least the after party was fun. Some happy homes were created. And very sad and disturbed people. I am back in Blaauwberg and some serious training needs to be done.
Posted by Tappets on the Run at 8:38 PM No comments:
Sunday, December 13, 2009
Sunday in Blaauwberg Sands
No riding a screaming south easter.Lovely blue sky but dont try to ride your bicycle. I think riding on your home trainer will be much better. At least no wind. Even trying to go for a walk is testing. At least the birds are trying to fly around. Fifty five km a hour sound not to bad but try it on a mountain bike. Reading Jeremy Clarkson is much better and more fun.
Posted by Tappets on the Run at 8:35 AM No comments:
Saturday, December 12, 2009
The past week's training.
Tuesday another day of veldfires and nothing happening in Citrusdal. So I had to go riding. Stiff and slow at first but soon I was sitting at 25 km an hour. This was really easy until I turned around and realised I was riding with the wind. Back it was hard maintaining 20 km an hour. Average speed 21.2 km an hour. Wednesday was a group ride and we also went out at good speed and after turning back the wind was from the front again but this time I could sit behind the road bikes. As always the roadbikes had big attitude but I hung in to until the finish. A hard ride, average speed 23.4 km an hour. Good ride and last ride in Citrusdal for this year.
Posted by Tappets on the Run at 4:40 PM No comments:
Posted by Tappets on the Run at 8:09 AM No comments:
Monday, December 7, 2009
Bubbly in Franschhoek.
What a weekend. To start off my car broke down before Piketberg and I had get towed in. Lucky for me a friend's wife stopped while I was stuck on the roadside and offered to give me a lift to Cape Town. Drove to Franschhoek and slept in the most stunning little cottage. Up early and had a lovely breakfast in town. Within an hour it turned from a little town to a madhouse, hundreds of cars, motorbikes and people and no parking. At eleven we arrived at the bubbly tasting. What a treat. Hundreds of different types of French Champagne and South African MCC. It made my head spin without drinking it. So little time and so much to taste. We eventually walked out at three o'clock in the afternoon giving away tasting and food tickets. What a day. The closest I got to a bicycle was looking at the Rabobank team riding past up the mountain.
Posted by Tappets on the Run at 6:41 PM No comments:
Thursday, December 3, 2009
December in Citrusdal
Lovely cool morning and very hot midday. Sorry did not ride. Did some spray painting at work. Turned a forklift first grey and then yellow. Ended up with yellow paint dust everywhere. Got home and sat down with a beer. Great training. Feel a lot better now. Only two weeks before my work holiday starts. Motivation not big. Has got some thing to really look forward too, a bubbly weekend in Franschhoek with accommodation that my partner organised. What a weekend to look forward to.
Posted by Tappets on the Run at 7:22 PM No comments:
Wednesday, December 2, 2009
Three days of rest.
Another evening without a ride. At least I have removed my bicycle from my car. My left foot is still sore. At my age recovery is very slow. We had a fire again last night the whole fire team was called out and the fire stopped in minutes. Big excitement for everybody. That's about the most exciting thing happening in Citrusdal. At work we are very busy. Shutdown maintenance. Ten years of neglect to repair in four months. I am trying to motivate myself to go for a ride tomorrow night. It was cool here this morning with some good cloud cover but at two it really cleared up and became warm.
Posted by Tappets on the Run at 7:12 PM No comments:
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Orthopaedic Surgery/ Sports Medicine/ Joint Replacement/ Foot and Ankle
For all appointments and inquiries, please call (972) 771-8111
We are happy to hear from you. Please contact us using the information below:
Tel : (972) 771-8111
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Orthopaedic Physical Therapy Contact
Tel : (214) 771-4400
DISCLAIMER: This email should not be used for patient's to deliver patient specific information and this email is not secure. It is for general inquires ONLY.
For patient treatment related inquires or billing inquires, please contact us by phone or register to the online patient portal.
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A popular adage holds that there are three types of people in this world: those who make things happen, those who watch things happen, and those who wonder what happened.But from a marketing standpoint, it's possible to add another type to this list: those who capitalize on what happens. The term "newsjacking" was popularized by David Meerman Scott in his book of the same name. According to Scott, newsjacking is "the
Legal Web Design Blog
For law firms that want to attract a broader client base—or simply maintain—there is no one single, surefire solution. Compared to 15-20 years ago, however, marketing has become much more of a science, thanks largely to data-tracking tools that collect valuable insights. The team at Legal Web Design is always trying to keep our clients on the leading edge of law firm marketing. With that in mind, we offer a few
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Plus: Tips From Google on How to Perform Site Content Quality Control Google just announced that it's rolling out the latest version of its Panda Update, first introduced in February 2011. The original Panda algorithm change promoted sites with quality content and downgraded sites with low quality content, and the latest update continues that trend. One difference, however, is that the new Panda Update—dubbed Panda 4.1 by Danny Sullivan at Search
You've probably used the online review website Yelp to help you evaluate local dining, shopping, and entertainment as well as things like schools, health clubs, and mechanics. Indeed, it seems that few establishments are able to fly under the Yelp radar...and this includes a law practice. While you may not be all that surprised to learn that your firm is listed on Yelp, the weight that people assign to Yelp legal
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Tucked away in the pages of a recent social media marketing report is a little-used social media platform that appears poised to make leaps and bounds in the coming year. Podcasts—digital media files made available for download and produced in a series, much like a radio program—are currently used only by about 6% of marketers, as measured in a survey of 2,800 marketers. But 21% of marketers plan on getting in
The overwhelming majority (97%) of marketers participate in social media, according to the 2014 Social Media Marketing Report. Published by Social Media Examiner, the 6th annual study is based on input from more than 2,800 marketers and provides insight into how social media is used to promote businesses. If your law firm is a newcomer to social media marketing, the report offers plenty of compelling reasons why you should hop aboard
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The crux of the social media marketing debate has shifted from, "Should I be doing it?" to "How should I be doing it?" Platforms such as Facebook, Twitter, and blogs are musts if you want to build your law firm's brand and attract new clients. But since your time and resources are limited, this leads to the question of which social media activities provide the best return on investment. According to
The practice of "corporate journalism," according to a new report, is the best way for lawyers to stand out in a sea of content. With the advent of the digital and mobile eras, the report begins, the current media landscape is marked by constant access to a seemingly-endless stream of information, from alerts and press releases to newsletters, blogs, and other content. While this has created unprecedented opportunity for law firms
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Despite how much you've heard about the importance of social media to Internet marketing, you may still have some doubts about how effective sites like Facebook, Twitter, LinkedIn, and YouTube are for generating new business for attorneys. But if you think that these sites are merely platforms for young people to share gossip and post selfies, think again. Data from Pew Research shows that adults use social media in larger numbers
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Following in the footsteps of Siri—the voice-activated search on iPhones—Google last year rolled out Google Voice, which is now available on both mobile and PC-based versions of Chrome, Google's popular web browser. While still in its early stages, voice search is growing in popularity and promises to reshape the search engine optimization (SEO) landscape. Optimizing for voice search probably shouldn't figure heavily into your SEO strategy at this stage, but a
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I do - or do I?
Local journalist Cassie is getting married to hot-shot, reliable Timothy and his mother Sylvia nicknamed 'Monster-in-Law' wants to plan the entire wedding. When Sylvia books the exclusive ID Images to take photographs of the extravagant do, Cassie has no idea what she's walking into.
The elusive JM, ID Images' newest photographer, just so happens to be Jared, Cassie's first love and ex-fiancé, who broke off their engagement to travel and take photos of far-reaching wonders. He's back to pay for his next wild adventure.
Cassie decides it's best to pretend not to know him, but when she's asked to write an article for her newspaper, she's tasked with a column surrounding all things wedding related. When Cassie jokingly writes a column meant for herself depicting her situation, a co-worker submits it in place of the real article and it's soon making headlines, with readers asking the age old question - Who Will She Choose?
Karen King is the author of over 100 children's books. Her YA novel, Perfect Summer was runner up in the Red Telephone Books YA Novel 2011 competition. She is also the author of two romance novels, published under the name Kay Harborne, and her book, I Do? Or Don't I was published in 2016.


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And if that wasn't enough pumpkin for you, we also made pumpkin soup and pumpkin cheesecake (the BEST I have ever tasted!). Unfortunately, I was unable to get a picture of the cheesecake before it was devoured! Ha!
Who knew that pumpkin would be such a big hit in this house!?


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From TW Photographics
HARTFORD, Mich. (December 2, 2016) — With the completion of the 2016 racing season, Hartford Speedway owners Tim and Leah Dibble sat down with a vision to add to the excitement for the 2017 season.
"As an entertainment facility we needed to look at all our options to attract new customers. While our car counts have slowly increased, we feel the new design will welcome cars from all over the country, while giving our die hard fans some of the speed they are used to seeing" stated Tim Dibble.
The track was turned from a half mile into a non-symmetrical 3/8 which should prove to be challenging and fast also, as it maintains the track width that everyone was accustomed to. To get this accomplished, the former turns three and four of the half mile were moved toward turns one and two. This project would prove to be a huge undertaking, as a tremendous amount of fill and labor hours would be needed in order to complete the project. Two weeks into the project, Tim and Leah's son Timmy would be diagnosed with a health issue. Tim stated "I was ready to scrap the project immediately so we could focus on our son, but Mark pushed thru the project and made it happen". Mark from Puhrman Excavating worked day in and day out for 6 plus weeks to keep the project moving forward, while Tim would stop in to help, when he could.
While the project was in the works, a few drivers ventured to the facility to have a peek at the work that had taken place, with nearly everyone saying "wow, we can't wait". I asked Tim about the people who really liked the ½ mile and what he would say to those who didn't like the move to switch track sizes.
"For the long term sustainability of Hartford Speedway, I feel we needed to make this move, and I would rather grow as a 3/8 mile versus dying off as a 1/2 mile". Dibble went on to say "For those who don't initially embrace the change, I think people will enjoy the excitement of the new layout, and I would ask them to give it a chance with cars on it".
Hartford Speedway would like to take a second to thank the fans, drivers and track sponsors for your support during the 2016 season, and we hope to have your continued support in 2017.
The current schedule is being worked on, and the 2017 weekly classes of cars will be the UMP Modifieds, UMP Stock Cars, Cyber Stocks and Mini Wedges, with special events to be announced.


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Adds the icon of any application/file into the system tray. Easy use by dr&d
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Freeware is computer software that is available for use at no cost or for an optional fee.
Tutorial not found. Let know us about any useful video tutorial.
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Best Western Livermead Cliff Hotel3 Stars
Seafront - Devon - Torquay, United Kingdom View Map
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The Livermead Cliff Hotel on Torquay Sea Front, offering the perfect holiday by the sea. This Highly rated AA 73% and Visit Britain 3 Star accredited hotel has a breathtaking waterfront location in Torbay, Devon. A Holiday on The English Riviera combines well with this Rew Hotel's welcoming style. Situated on Torquay's Water's Edge, the Livermead Cliff has ample Free onsite parking, is a Level walk to the Town Centre and Marina. Private access steps to the secluded Livermead Sands. This Family owned and Managed Hotel is an oasis of good service and excellent hospitality on the English Riviera.
The BEST WESTERN Livermead Cliff Hotel is situated on Torquay's water's edge with stunning sea views to show for it is excellent location. The hotel is in a prime position for getting away from it all without having to get away from it all... we have direct and private access to the beach and the accommodation is a level walk away from the town centre and Marina!
TripAdvisor vote: 4/5 Based on 703 guest reviews
Hotel facilities
- Check-in at From 12:00
The latest booking made on Hotelsclick.com was 12 minutes ago x
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Distance from the hotel: 1431 m
price from US$ 108


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Thursday, February 11, 2010
5 comments:
- the cinnamon post said...
Okay..so you can just put "Tara" at the end of that post. Yup, I feel the EXACT same way. It is human nature to feel those feelings. I do better at times than others. The one thing I do that helps is try and pick a small thing to improve on at a time (I will bake cookies this week instead of buying them) and accomplish that instead of trying to pull off a huge thing (I will only feed my family organic, vegetarian food, bake my own bread from wheat that I have ground myself, and they will LOVE it). Oh...and just keep reminding yourself about how great you really are and how good you really have it as you did in the post...because you are and you do!
- February 12, 2010 at 10:21 AM
- Brooke G. said...
Jenny - I can really relate to this post too!!! Hang in there. I remember feeling particularly rough after that second baby because you are just stretched so thin. Get sleep and focus on the little ones. The other things can and will wait. You will be back to utilizing your talents soon, but these first few months you may just have to let a few things go. I remember feeling like I would be able to get so much more done if I just had TWO hands free occasionally ;) Hang in there, Girl!!!
- February 12, 2010 at 11:20 AM
- Jenny Esterbrook said...
You guys are awesome!!! I feel better already :) It's nice to know that others share this same feeling, hope you have a Happy Valentine's Day!! Big Hugs, jen
- February 13, 2010 at 7:08 AM
- Hmachine said...
Jenny, I can totally relate, I feel even if I spent ALL my time trying to just do bare minimum, I still don't get it done. I've been TOTALLY overwhelmed by 4. It's getting better as Megann gets older, but still. I have to remind myself EVERY day of what REALLY matters, but it still bothers me that all the other things aren't done, etc. I think a lot of it has to do with having a baby to take care of. Hang in there for a while. MUAH! but really, I think ALL mom's feel that way.
- February 13, 2010 at 12:21 PM
- lany and brian said...
Really, just enjoy the time to hold the little ones...it goes by so very fast. While you are in it you feel like you are overwhelmed, but being older and looking back, you would trade just about anything for a day spent rocking a baby or playing with a two year old. Everything else just doesn't really matter...except of course spending quality time with the man you love! Laundry and stuff will always be there. Love You, You are an incredible person!!!!!!!!
- February 13, 2010 at 8:45 PM


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Download EBOOK How Champions Think: In Sports and in Life PDF for free
Category: Sport
The author of the book: Dr Bob Rotella
Format files: PDF, EPUB, TXT, DOCX
The size of the: 479 KB
Language: English
Edition: SIMON & SCHUSTER
Date of issue: 1 June 2015
Description of the book "How Champions Think: In Sports and in Life":"Straightforward and simple...Do the math. Read Rotella." --"The Wall Street Journal" America's preeminent sports psychologist delivers a groundbreaking guide to success in all aspects of life--not just sports--from business to relationships to personal challenges of every variety. Acclaimed sports psychologist Bob Rotella has advised everyone from professional golfers to NBA superstars to business executives on how to flourish under pressure and overcome challenges. Now, for the first time, he's distilled his decades of in-depth research and practical experience into a potential-unlocking guide for everyone. This exciting book is not a collection of Rotella PDF's theories; it consists of performance principles that have proven themselves in countless competitive situations, in arenas from which only the strongest minds emerge triumphant. It's a book full of insights that you can learn and use the next morning--in the office, the classroom, or wherever your quest takes you--told not in abstractions, but through case studies and stories drawn from Rotella's years teaching sports psychology, counseling athletes, and consulting for Fortune 500 companies. It explores how to keep the mind from holding you back, whatever your physical gifts or other talents. It's about ePub how to make a commitment, how to persevere, how to deal with failure--and how to train your mind to create a self-image that promotes confidence and accomplishment. Any successful life starts with how you see yourself. And with these pearls of wisdom from the nation's preeminent sports psychologist, you can learn to achieve the success of your dreams.
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Mother's Day at Hillside Country Club
Hillside Country Club
82 Hillside Avenue Rehoboth, MA 02769
Phone: (508) 252-9761
Serving: Dinner
Dinner Price: $34.95
Open Thursday–Saturday 4:30–10 p.m. Sunday Brunch for Two $16.95
Hillside Country Club, a premier Event Venue for Weddings, Special and Corporate Events.
Our Amenities include a Grand Ballroom, overlooking our beautifully manicured fairways and scenic pond for Weddings and Special events, Full Service Tiki Bar & Restaurant with an outdoor kitchen including a Brick Pizza Oven; La Collina, Bistro and Bar, 9 hole Golf Course, Cristallo Spa and Salon, Salt Water Heated Pool, Beach Volleyball Courts, Bocce Courts, Outdoor Patio and Two Gazebo's, Live Music at the Tiki Bar, and much more.
The public is always welcome and ALL our amenities are available for all to enjoy. Golf and pool season pass entitle you to many discounts…such as free golf, discounted golf cart fee, and 10% off spa services.
Something is always going on at Hillside Country Club! A destination place for families, friends & co-workers to gather and enjoy great food, great service and great times!


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How did the colonists' relationship with the Native Americans compare to their relationship with the African-Americans during the colonial period?
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American colonists from European cultures viewed both Africans and Native Americans as substantially different in many ways. Culturally, of course, both "Indians" and Africans were viewed as from totally different backgrounds and had totally different views of the world. How the two non-Eurocentric groups were viewed was quite different, and varied by region.
Native Americans were viewed as human beings with a differing cultural perspective from the first in the Southern colonies. Virginian William Byrd (1674-1744) wrote that "the best ambassador is a sprightly lover," as one of the justifications of intermarriage as a means of understanding and keeping the peace. In New England, on the other hand, at first there was a debate as to whether or not the natives were human. The Massachusetts colonials decided in the end that they were not, and had no souls. Interesting, when one considers that neither colony would have survived without aid from the native peoples.
Africans were a different matter. Europeans had had contact with Africans since Roman times, even black Africans from the interior. Archaeology has discovered that there were great cities in the interior of Africa (not simply Carthage, Ethiopia or Egypt) long before Rome, but those cultures had disappeared long before contact of any sort with Europeans. Black African cultures were mostly quite primitive outside of Ethiopia and Eritrea, and consequently were often viewed as inferior. Blacks were first brought to the colonies by the Dutch to Virginia and traded to the colonists, but were treated as indentured servants and set free with pay and/or land after (usually) seven years. The concept of slaves as chattel property in America, ie the equivalent of furniture or cattle, began in Massachusetts in 1644. To justify this, a doctrine of black inferiority was developed, again in the Northern colonies rather than the South originally. These concepts (chattel slavery and racial inferiority) spread throughout the colonies.
African-Americans played an important role during the Revolution, not only as soldiers but as spies. Throughout the war George Washington personally ran one of the most successful spy rings in military history, largely consisting of blacks who worked as personal servants of British officers, including the generals commanding the British forces (Howe, etc.).
There were many free blacks in America during later colonial times (and in the South all the way to and through the Civil War). Crispus Attucks, killed in the Boston Massacre, is perhaps the most famous. There were also non-African slaves in the colonies, including Carribean "Indians" and some whites, largely from Scotland, kidnapped and sold in the aftermath of the Jacobite rebellions of 1715 and 1745.
The primary similarity between how the colonists perceived the Native Americans and how they viewed the African-Americans springs from their respective places within colonial society. Neither Native Americans nor African-Americans fell within the mainstream of colonial society.
While Native American culture did have its admirers, Native Americans, in many ways, were viewed as culturally inferior to colonists because their culture did not coincide with what existed with colonial society. Much the same could be said regarding those who came from Africa beginning in the early seventeenth century. In the Southern colonies, on the other hand, African-Americans lay outside of colonial society in that the majority of them were brought to the New World as slaves. Colonists did perceive Native Americans as people with different cultures and cultural values, but they tended to view slaves as property, a factor that automatically precluded them from being members of colonial society.
Much of the difference between how the colonists treated Native Americans and African-Americans derived from the role that each served within colonial society. Native Americans were seen as having very little real contact with society and were often treated as second-class citizens, while African-Americans were seen as either second-class citizens in the North, or property in the South.


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St Pellegrino Hotel
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June 25, 1998
On Writ Of Certiorari To The United States Court Of Appeals For The First Circuit
BRAGDON v. ABBOTT
NOTE: Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. See United States v. Detroit Timber & Lumber Co., 200 U. S. 321, 337.
BRAGDON v. ABBOTT et al.
Certiorari To The United States Court Of Appeals For The First Circuit
No. 97-156.
Argued March 30, 1998
Decided June 25, 1998
Respondent is infected with the human immunodeficiency virus (HIV), but had not manifested its most serious symptoms when the incidents in question occurred. At that time, she went to petitioner's office for a dental examination and disclosed her HIV infection. Petitioner discovered a cavity and informed respondent of his policy against filling cavities of HIV-infected patients in his office. He offered to perform the work at a hospital at no extra charge, though respondent would have to pay for use of the hospital's facilities. She declined and filed suit under, inter alia, the Americans with Disabilities Act of 1990 (ADA), which prohibits discrimination against any individual "on the basis of disability in the ... enjoyment of the ... services ... of any place of public accommodation by any person who ... operates [such] a place," 42 U. S. C. Section 12182(a), but qualifies the prohibition by providing: "Nothing [herein] shall require an entity to permit an individual to participate in or benefit from the ... accommodations of such entity where such individual poses a direct threat to the health or safety of others," Section 12182(b)(3). The District Court granted respondent summary judgment. The First Circuit affirmed, agreeing with the lower court that respondent's HIV was a disability under the ADA even though her infection had not yet progressed to the symptomatic stage, and that treating her in petitioner's office would not have posed a direct threat to the health and safety of others. In making the latter ruling, the court relied on the 1993 Dentistry Guidelines of the Centers for Disease Control and Prevention (CDC) and on the 1991 American Dental Association Policy on HIV.
1. Even though respondent's HIV infection had not progressed to the so-called symptomatic phase, it was a "disability" under Section 12102(2)(A), that is, "a physical ... impairment that substantially limits one or more of [an individual's] major life activities." Pp. 3-21.
(a) The ADA definition is drawn almost verbatim from definitions applicable to Section 504 of the Rehabilitation Act of 1973 and another federal statute. Because the ADA expressly provides that "nothing [herein] shall be construed to apply a lesser standard than ... under ... the Rehabilitation Act ... or the regulations issued ... pursuant to [it]," Section 12201(a), this Court must construe the ADA to grant at least as much protection as the regulations implementing the Rehabilitation Act. Pp. 4-5.
(b) From the moment of infection and throughout every stage of the disease, HIV infection satisfies the statutory and regulatory definition of a "physical impairment." Applicable Rehabilitation Act regulations define "physical or mental impairment" to mean "any physiological disorder or condition ... affecting ... the ... body['s] ... hemic and lymphatic [systems]." HIV infection falls well within that definition. The medical literature reveals that the disease follows a predictable and unalterable course from infection to inevitable death. It causes immediate abnormalities in a person's blood, and the infected person's white cell count continues to drop throughout the course of the disease, even during the intermediate stage when its attack is concentrated in the lymph nodes. Thus, HIV infection must be regarded as a physiological disorder with an immediate, constant, and detrimental effect on the hemic and lymphatic systems. Pp. 4-10.
(c) The life activity upon which respondent relies, her ability to reproduce and to bear children, constitutes a "major life activity" under the ADA. The plain meaning of the word "major" denotes comparative importance and suggests that the touchstone is an activity's significance. Reproduction and the sexual dynamics surrounding it are central to the life process itself. Petitioner's claim that Congress intended the ADA only to cover those aspects of a person's life that have a public, economic, or daily character founders on the statutory language. Nothing in the definition suggests that activities without such a dimension may somehow be regarded as so unimportant or insignificant as not to be "major." This interpretation is confirmed by the Rehabilitation Act regulations, which provide an illustrative, nonexhaustive list of major life activities. Inclusion on that list of activities such as caring for one's self, performing manual tasks, working, and learning belies the suggestion that a task must have a public or economic character. On the contrary, the regulations support the inclusion of reproduction, which could not be regarded as any less important than working and learning. Pp. 10-12.
(d) Respondent's HIV infection "substantially limits" her major life activity within the ADA's meaning. Although the Rehabilitation Act regulations provide little guidance in this regard, the Court's evaluation of the medical evidence demonstrates that an HIV-infected woman's ability to reproduce is substantially limited in two independent ways: If she tries to conceive a child, (1) she imposes on her male partner a statistically significant risk of becoming infected; and (2) she risks infecting her child during gestation and childbirth, i.e., perinatal transmission. Evidence suggesting that antiretroviral therapy can lower the risk of perinatal transmission to about 8%, even if relevant, does not avail petitioner because it cannot be said as a matter of law that an 8% risk of transmitting a dread and fatal disease to one's child does not represent a substantial limitation on reproduction. The decision to reproduce carries economic and legal consequences as well. There are added costs for antiretroviral therapy, supplemental insurance, and long-term health care for the child who must be examined and treated. Some state laws, moreover, forbid HIV-infected persons from having sex with others, regardless of consent. In the context of reviewing summary judgment, the Court must take as true respondent's unchallenged testimony that her HIV infection controlled her decision not to have a child. Pp. 12-15.
(e) The uniform body of administrative and judicial precedent interpreting similar language in the Rehabilitation Act confirms the Court's holding. Every agency and court to consider the issue under the Rehabilitation Act has found statutory coverage for persons with asymptomatic HIV. The uniformity of that precedent is significant. When administrative and judicial interpretations have settled the meaning of an existing statutory provision, repetition of the same language in a new statute indicates, as a general matter, Congress' intent to incorporate such interpretations as well. See, e.g., Lorillard v. Pons, 434 U. S. 575, 580-581. Pp. 15-19.
(f) The Court's holding is further reinforced by the guidance issued by the Justice Department and other agencies authorized to administer the ADA, which supports the Conclusion that persons with asymptomatic HIV fall within the ADA's definition of disability. The views of agencies charged with implementing a statute are entitled to deference. See Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc., 467 U. S. 837, 844. Pp. 19-21.
2. In affirming the summary judgment, the First Circuit did not cite sufficient material in the record to determine, as a matter of law, that respondent's HIV infection posed no direct threat to the health and safety of others. The ADA's direct threat provision, Section 12182(b)(3), stems from School Bd. of Nassau Cty. v. Arline, 480 U. S. 273, 287, in which this Court reconciled competing interests in prohibiting discrimination and preventing the spread of disease by construing the Rehabilitation Act not to require the hiring of a person who posed "a significant risk of communicating an infectious disease to others," id., at 287, and n. 16. The existence of a significant risk is determined from the standpoint of the health care professional who refuses treatment or accommodation, and the risk assessment is based on the medical or other objective, scientific evidence available to him and his profession, not simply on his good-faith belief that a significant risk existed. See id., at 288; id., at 288, n. 18, distinguished. For the most part, the First Circuit followed the proper standard and conducted a thorough review of the evidence. However, it might have mistakenly relied on the 1993 CDC Dentistry Guidelines, which recommend certain universal precautions to combat the risk of HIV transmission in the dental environment, but do not actually assess the level of such risk, and on the 1991 American Dental Association Policy on HIV, which is the work of a professional organization, not a public health authority, and which does not reveal the extent to which it was based on the Association's assessment of dentists' ethical and professional duties, rather than scientific assessments. Other evidence in the record might support affirmance of the trial court's ruling, and there are reasons to doubt whether petitioner advanced evidence sufficient to raise a triable issue of fact on the significance of the risk, but this Court's evaluation is constrained by the fact that it has not had briefs and arguments directed to the entire record. A remand will permit a full exploration of the issues through the adversary process. Pp. 21-29.
The opinion of the court was delivered by: Justice Kennedy
Opinion of the Court
NOTICE: This opinion is subject to formal revision before publication in the preliminary print of the United States Reports. Readers are requested to notify the Reporter of Decisions, Supreme Court of the United States, Washington, D. C. 20543, of any typographical or other formal errors, in order that corrections may be made before the preliminary print goes to press.
We address in this case the application of the Americans with Disabilities Act of 1990 (ADA), 104 Stat. 327, 42 U. S. C. Section 12101 et seq., to persons infected with the human immunodeficiency virus (HIV). We granted certiorari to review, first, whether HIV infection is a disability under the ADA when the infection has not yet progressed to the so-called symptomatic phase; and, second, whether the Court of Appeals, in affirming a grant of summary judgment, cited sufficient material in the record to determine, as a matter of law, that respondent's infection with HIV posed no direct threat to the health and safety of her treating dentist.
Respondent Sidney Abbott has been infected with HIV since 1986. When the incidents we recite occurred, her infection had not manifested its most serious symptoms. On September 16, 1994, she went to the office of petitioner Randon Bragdon in Bangor, Maine, for a dental appointment. She disclosed her HIV infection on the patient registration form. Petitioner completed a dental examination, discovered a cavity, and informed respondent of his policy against filling cavities of HIV-infected patients. He offered to perform the work at a hospital with no added fee for his services, though respondent would be responsible for the cost of using the hospital's facilities. Respondent declined.
Respondent sued petitioner under state law and Section 302 of the ADA, 104 Stat. 355, 42 U. S. C. Section 12182, alleging discrimination on the basis of her disability. The state law claims are not before us. Section 302 of the ADA provides:
"No individual shall be discriminated against on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation by any person who ... operates a place of public accommodation." Section 12182(a).
The term "public accommodation" is defined to include the "professional office of a health care provider." Section 12181(7)(F).
A later subsection qualifies the mandate not to discriminate. It provides:
"Nothing in this subchapter shall require an entity to permit an individual to participate in or benefit from the goods, services, facilities, privileges, advantages and accommodations of such entity where such individual poses a direct threat to the health or safety of others." Section 12182(b)(3).
The United States and the Maine Human Rights Commission intervened as plaintiffs. After discovery, the parties filed cross-motions for summary judgment. The District Court ruled in favor of the plaintiffs, holding that respondent's HIV infection satisfied the ADA's definition of disability. 912 F. Supp. 580, 585-587 (Me. 1995). The court held further that petitioner raised no genuine issue of material fact as to whether respondent's HIV infection would have posed a direct threat to the health or safety of others during the course of a dental treatment. Id., at 587-591. The court relied on affidavits submitted by Dr. Donald Wayne Marianos, Director of the Division of Oral Health of the Centers for Disease Control and Prevention (CDC). The Marianos affidavits asserted it is safe for dentists to treat patients infected with HIV in dental offices if the dentist follows the so-called universal precautions described in the Recommended Infection-Control Practices for Dentistry issued by CDC in 1993 (1993 CDC Dentistry Guidelines). 912 F. Supp., at 589.
The Court of Appeals affirmed. It held respondent's HIV infection was a disability under the ADA, even though her infection had not yet progressed to the symptomatic stage. 107 F. 3d 934, 939-943 (CA1 1997). The Court of Appeals also agreed that treating the respondent in petitioner's office would not have posed a direct threat to the health and safety of others. Id., at 943-948. Unlike the District Court, however, the Court of Appeals declined to rely on the Marianos affidavits. Id., at 946, n. 7. Instead the court relied on the 1993 CDC Dentistry Guidelines, as well as the Policy on AIDS, HIV Infection and the Practice of Dentistry, promulgated by the American Dental Association in 1991 (1991 American Dental Association Policy on HIV). 107 F. 3d, at 945-946.
We first review the ruling that respondent's HIV infection constituted a disability under the ADA. The statute defines disability as:
"(A)a physical or mental impairment that substantially limits one or more of the major life activities of such individual;
"(B)a record of such an impairment; or
"(C)being regarded as having such impairment." Section 12102(2).
We hold respondent's HIV infection was a disability under subsection (A) of the definitional section of the statute. In light of this Conclusion, we need not consider the applicability of subsections (B) or (C).
Our consideration of subsection (A) of the definition proceeds in three steps. First, we consider whether respondent's HIV infection was a physical impairment. Second, we identify the life activity upon which respondent relies (reproduction and child bearing) and determine whether it constitutes a major life activity under the ADA. Third, tying the two statutory phrases together, we ask whether the impairment substantially limited the major life activity. In construing the statute, we are informed by interpretations of parallel definitions in previous statutes and the views of various administrative agencies which have faced this interpretive question.
The ADA's definition of disability is drawn almost verbatim from the definition of "handicapped individual" included in the Rehabilitation Act of 1973, 29 U. S. C. Section 706(8)(B) (1988 ed.), and the definition of "handicap" contained in the Fair Housing Amendments Act of 1988, 42 U. S. C. Section 3602(h)(1) (1988 ed.). Congress' repetition of a well-established term carries the implication that Congress intended the term to be construed in accordance with pre-existing regulatory interpretations. See FDIC v. Philadelphia Gear Corp., 476 U. S. 426, 437-438 (1986); Commissioner v. Estate of Noel, 380 U. S. 678, 681-682 (1965); ICC v. Parker, 326 U. S. 60, 65 (1945). In this case, Congress did more than suggest this construction; it adopted a specific statutory provision in the ADA directing as follows:
"Except as otherwise provided in this chapter, nothing in this chapter shall be construed to apply a lesser standard than the standards applied under title V of the Rehabilitation Act of 1973 (29 U. S. C. 790 et seq.) or the regulations issued by Federal agencies pursuant to such title." 42 U. S. C. Section 12201(a).
The directive requires us to construe the ADA to grant at least as much protection as provided by the regulations implementing the Rehabilitation Act.
The first step in the inquiry under subsection (A) requires us to determine whether respondent's condition constituted a physical impairment. The Department of Health, Education and Welfare (HEW) issued the first regulations interpreting the Rehabilitation Act in 1977. The regulations are of particular significance because, at the time, HEW was the agency responsible for coordinating the implementation and enforcement of Section 504. Consolidated Rail Corporation v. Darrone, 465 U. S. 624, 634, (1984) (citing Exec. Order No. 11914, 3 CFR 117 (1976-1980 Comp.)). The HEW regulations, which appear without change in the current regulations issued by the Department of Health and Human Services, define "physical or mental impairment" to mean:
"(A)any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive, digestive, genito-urinary; hemic and lymphatic; skin; and endocrine; or
"(B)any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities." 45 CFR Section 84.3(j)(2)(i) (1997).
In issuing these regulations, HEW decided against including a list of disorders constituting physical or mental impairments, out of concern that any specific enumeration might not be comprehensive. 42 Fed. Reg. 22685 (1977), reprinted in 45 CFR pt. 84, App. A, p. 334 (1997). The commentary accompanying the regulations, however, contains a representative list of disorders and conditions constituting physical impairments, including "such diseases and conditions as orthopedic, visual, speech, and hearing impairments, cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, mental retardation, emotional illness, and ... drug addiction and alcoholism." Ibid.
In 1980, the President transferred responsibility for the implementation and enforcement of Section 504 to the Attorney General. See, e.g., Exec. Order No. 12250, 3 CFR 298 (1981). The regulations issued by the Justice Department, which remain in force to this day, adopted verbatim the HEW definition of physical impairment quoted above. 28 CFR Section 41.31(a)(1) (1997). In addition, the representative list of diseases and conditions originally ...
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Source & Copyright: www.portsmouth.co.uk/portsmouth/-Bank-card-skimmer-found.3707080.jp
Bank card skimmer found on building society cash machine
24 January 2008
By Paul Foster
Police are asking people to urgently check their bank accounts after fraudsters targeted a cash machine.
A card-skimming scam was uncovered at the Nationwide building society in Edinburgh Road, Portsmouth, when a customer tried to withdraw cash at 12.15pm on Tuesday.
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Anyone with any information in relation to this incident should contact PC Allison Fraser at Southsea police station on 0845 045 45 45 or call Crimestoppers anonymously on 0800 555 111.


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Import of medical equipment - exemption benefit of Customs Notification No.21/2002 under List 37 of S.No.363A of the Table vide Item No.82 and CE Notification No.6/2002 at Sl.No.267A. - M2A Capsule Endoscopy Given Diagnostic System (Wireless Endoscopy) - Held that:- Item No.82 of List 37 at Sl.No.363 of the Table appended to Notification No.21/2002-Customs covers both "Fibreoptic Flexible Oesophago Gastroscope" and also "Video Oesophago Gastroscope". The equipment which is imported by the respon .....
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D SHRI P.K. CHOUDHARY, JUDICIAL MEMBER For the Petitioner : Shri Veerabadra Reddy, JC (AR) For the Respondent : Shri Ajay Kumar Gupta, Consultant ORDER PER R. PERIASAMI Revenue filed appeal against Commissioner(Appeals) order dt. 14.2.2015 with application for stay of operation of the order. Since the appeal is of the year 2005, we consider it appropriate to take up the appeal itself for disposal. Appeal is taken up for hearing after disposing the stay petition filed by Revenue. 2. The responden .....
the ground that the imported equipments M2A Capsule Endoscopy Given Diagnostic System (Wireless Endoscopy) is not covered under Item No.82 of the List. On appeal by the respondent, the Commissioner (Appeals) in her impugned order allowed the benefit of exemption notification. Aggrieved by this, Revenue filed the present appeal. 3. Heard both sides. Ld. A.R submits that the imported equipment is a Wireless Gastro Endoscopy functioning based on the capsule containing video camera which is tracked .....
l Gasrointestinal Endoscopy-The Fundamentals". He drew our attention to earlier history of the notification where under Notification No.20/99 dt. 28.2.1999 these goods were listed under List No.23 item No.23, 25 (S.No.275 of the Table). Item No.23 covers "Video Laryngo Bronchoscope and Video Oesophago Gastroscope". Item No.25 covers "Fibroptic Flexible Oesophago Gastroscope" which is parallel to the present notification No.21/2002 at Item 82 of the List 37. Both the entr .....
that Commissioner (Appeals) has dealt the issue in detail in her order at page 5. On perusal of the product catalogue, literature and the extracts of journals of Gastrointestinal Endoscopy, we find that Video Capsule Endoscopy which is advanced Endoscopic System which provides visualization of gastrointestinal track by transmitting images wirelessly from a disposable capsule with data recorder which is worn by the patient in the form of belt which is again connected to computer system when comp .....
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