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A Representative Listing of Our Clients and Projects:
What Our Clients Say About Our Work
Evan C. Crist, Psy.D., Licensed Psychologist and Founder of Time to Change Community Corrections Program:
|"Daniel Lauber was simply outstanding in assisting Clark County, Nevada in drafting a revised community residence ordinance. We relied heavily on Daniel's expertise of federal fair housing law and on his experience in tactfully addressing questions and concerns of elected officials and stakeholders. His work was first rate and he was a pleasure to work with."
— Rob Warhola, Deputy District Attorney, Clark County, Nevada
"If you've ever tried to zone a halfway house (for any special population), you know that an act of Congress won't get it done. It takes an act of God. Mr. Lauber was invaluable to my zoning efforts to obtain a special use permit to operate a community corrections facility for convicted felons in Colorado. Since he remained in Chicago and all the communication was done via phone and email, the details of communication became even more important. I had a failed attempt (at another location) approximately 2 years earlier and was nervous that all my work on this project would end the same way. I contacted Mr. Lauber after reading about his expertise with halfway houses. He partnered with me in the exact manner that I needed.
"Based on feedback I received from my previous attempt, I knew that I had to actually do the zoning hearing presentation, not an attorney (I really think this varies based on local politics). Mr. Lauber worked with me to gather all the necessary research, conduct a neighborhood informational meeting, and plan and develop my presentation to the zoning board. Perhaps most importantly, he was an excellent cheerleader. When the going got tough, he was upbeat (but realistic) and eager to support my efforts and challenge me to get the next step done rather than get lost in anxiety. His knowledge of zoning law in general and his willingness to get up to speed on my local zoning laws was exceptional. He communicated directly with the planning department when I asked him to and gave me advice on how to handle it when I wanted to deal with it personally. In other words, he let me drive the train. He was there to offer support and expertise as I needed. Thankfully, I listened to him. The process of informing everyone under the sun prior to the hearing was important. The zoning hearing was ugly but our presentation was impressive and really did not give the zoning board any option other than to vote in the affirmative. The zoning hearing lasted from 5 p.m. until 10:30 p.m. The first person I called after the hearing was my wife. The second person was Daniel Lauber. With the combination of experience, knowledge and trustworthiness, you would be making a mistake to go with anyone else."
CEO, LifeCare Homes, Milwaukee, Wisconsin:
"Daniel Lauber assisted two of my companies with zoning issues pertaining to three different CBRFs or group homes for the elderly/disabled. He attended council meetings, talked with city attorneys, met with city planners as well as the mayors. He also, assisted us with meetings with the neighbors. He is respected by the city attorneys and they listen to him closely. His credentials seem to put fear into city planners / attorneys, and he does get results. I would recommend him for any legal needs for I know he always does his research and is always well prepared for meetings/court. He will never let you down."
Delray Beach, Florida — Conducted 55-page study upon which we based amendments to the city's Land Development Regulations (in close collaboration with the city's attorneys) to govern zoning for all types of community residences for people with disabilities. Also produced thorough FAQs that explained the zoning amendments in plain English as well as an application form. (2017) As of this writing, all three documents are available from the city at: http://mydelraybeach.com/transparency/community_residential_homes_ordinance.php#666
Click on the phrase "Important Message" for links to all three documents in PDF format.
In 2007, the New York Times dubbed Delray Beach "the recovery capital of America." The zoning amendments provide a legal mechanism to protect people in recovery from unscrupulous operators and to prevent new concentrations of community residences from developing and prevent existing concentrations from becoming more intense.
Prescott, Arizona — Conducted study that formed the basis for zoning amendments we wrote for community residences for people with disabilities (2014–2015) that resulted in the U.S. Department of Housing and Urban Development terminating its investigation charges of housing discrimination filed against the city. These may be the most thorough provisions written to comply with the Fair Housing Act.
Prescott, Arizona — Working with the city attorney, wrote pioneering ordinance to license Structured Sober Living Homes for which the State of Arizona does not require a state license (2016). The ordinance establishes minimal operational and staffing requirements aimed at preventing the abuses of residents and deaths that have occured in unregulated homes as well as the homelessness created in the absence of responsible discharge procedures. Dallas, Texas (2012)
Dallas, Texas— Provided legal assistance to the City Attorney's office with a focus on compliance with the nation's Fair Housing Act on the drafting of a new ordinance to license community residences not subject to licensing by the State of Texas
Dublin, Ohio — Conducted study that formed the basis for zoning amendments we wrote for community residences for people with disabilities (2014)
Legal and Planning Consultant to Clark County, Nevada (20062008) Provided legal assistance to Clark County in defense and settlement of zoning lawsuit filed in federal court, Nevada Fair Housing Center, Inc. v. Clark County
Clark County, Nevada Conducted study and wrote amendments to zoning code for community residences for people with disabilities (20052006)
Herrin, Illinois — Drafted zoning amendments covering community residences for people with disabilities to bring Herrin zoning into compliance with the Fair Housing Act; researched and wrote the study Principles to Guide Zoning for Community Residences for People With Disabilities in Herrin, Illinois, June 2013; presented expert testimony to the city's Zoning Board of Appeals. (2013)
Boulder City, Nevada — Prepared report and amendments to zoning code for community residences for people with disabilities. Conducted joint City Council and Planning Commission workshop (2010)
Mesquite, Nevada — Prepared report and amendments to zoning code for community residences for people with disabilities. Conducted City Council workshop (2010)
Findlay, Ohio — Conducted study that formed the basis for zoning amendments we wrote for community residences for people with disabilities (2015)
Willow Springs, Illinois — Provided legal assistance on zoning for community residences for people with disabilities in compliance with the Fair Housing Act
Illinois Planning Council on Developmental Disabilities (19901991): Project to implement Illinois' Community Residence Location Planning Act which required all 110 home rule municipalities to prepare plans showing how they intend to amend their zoning ordinances for group homes to bring them into compliance with 1988 amendments to the federal Fair Housing Act. Conducted seven workshops for municipal officials; provided technical assistance to city attorneys and planners; wrote zoning amendments for 11 cities; appeared as expert witness before local plan commissions; wrote guidebook and legal analysis; wrote model zoning ordinance provisions; wrote report for Illinois General Assembly including recommendations for state legislative action; prepared press releases; evaluated 99 ordinances for compliance with the Fair Housing Act's 1988 amendments. This project won the 1991 award from the Illinois Chapter of the American Planning Association for a "Planning Program of Unusually High Merit Performed Under Serious Budgetary, Manpower, or Political Constraints."
City of East Peoria, Illinois (1993) Legal consultant; wrote comprehensive zoning ordinance amendments to regulate group homes, halfway houses, shelters, and other community residences in accord with the 1988 amendments to the federal Fair Housing Act
|Governor's Planning Council on Developmental Disabilities Conducted and published scientific study of impacts of group homes on property values, neighborhood stability, and safety in the surrounding neighborhoods. Using sound, scientific methods, this study found that community residences had no statistically significant effect on property values, property turnover, nor neighborhood safety. Includes an annotated bibliography of similar studies from around the country. Sept. 1986.
Illinois Department of Mental Health and Developmental Disabilities, Division of Developmental Disabilities, Region Two (9county Chicago region) (19801981) Managed yearlong project on zoning for family and group care homes for the developmentally disabled, consisting of technical assistance, expert testimony, ordinance analysis and preparation, workshops, public education and public relations, site selection, analysis of state legislation
Illinois Department of Mental Health and Developmental Disabilities, Division of Developmental Disabilities Provided technical assistance to service providers and municipal and county officials on zoning for group homes, wrote model zoning provisions for local governments, conducted workshops on group home zoning for local officials (1982)
Oxford, Ohio (1989) Coconducted with Brian Blaesser a critical analysis of city's zoning ordinance; rewrote portions of zoning ordinance
City of Trotwood, Ohio (1997): Expert consultant in federal court case; wrote zoning ordinance amendments for community residences as part of proposed case settlement
City of Springfield, IL (1997): Expert witness and consultant in federal court case
City of Altoona, Pennsylvania (19941995) Legal consultant to draft comprehensive zoning ordinance amendments to regulate group homes, halfway houses, shelters, and other community residences in accord with the 1988 amendments to the federal Fair Housing Act.
Maywood, Illinois, Plan Commission Retained by village to interpret zoning ordinance provisions related to appeal of zoning administrators' decision
Philadelphia Department of Mental Health and Mental Retardation Advised planning, law, building inspection, and zoning officials on zoning for group homes.
Park District of Alsip (199091): Cocounsel in successful court defense against claim of violation of Fair Housing Act by group home operator. Alsip Park District v. D&M Partnership, Case No. 89 L 51342, Circuit Court of Cook County, IL. August 2, 1991
Lake County, IL Dept. of Planning, Zoning, and Environmental Quality Consultant to the defense in unsuccessful court challenge to location of halfway house for prison preparolees.
U.S. Supreme Court
Amicus Brief, City of Edmonds v. Washington State Building Code Council, 514 U.S. 725 (1995): Principle author of the American Planning Association's Amicus Curiae Brief on behalf of respondents. Decided May 15, 1995 for the respondents. Several observers of the case believe that this brief is one of several that had a significant influence on the outcome.
The H Group — Represented The H Group in successful effort to secure zoning ordinance revisions to allow a community residence for people with developmental disabilities that a southern Illinois city rejected in June 2012. Parties' agreement settling five housing discrimination complaints filed with HUD reached in March 2014. Provided consulting services on zoning for community residences in additional Illinois communities. (2012–2014) Cardinal McCloskey Community Services
Cardinal McCloskey Community Services— As consulting attorney and planner, provided assistance to this group home operator to successfully prevent Bedford, NY from objecting under the state's unique Padavan Law to the location of a proposed group home for four young adults with developmental disabilities. Prepared cover letter, FAQs, and annotated bibliography of property value studies for distribution to prospective neighbors inviting them to a coffee to learn about the proposed group home. Provided guidance to the operator for conducting the coffee and appearing at public hearings. Educated local town staff on the Fair Housing Act and appropriate zoning treatment of group homes. (2014)
Astara House — As consulting attorney, provided guidance to the Ziegler Metzger LLP attorney for this recovery community for people in recovery from drug and/or alcohol addiction to successfully receive a special use permit from Bedford, OH (2014)
West Meadowview Civic Association v. Kankakee County Training Center for the Disabled, Case No. 91–CH–80, 221st Judicial Circuit, Kankakee County, IL (1991). Served as co–counsel for defendant group home operator in challenge to group home based on restrictive covenant. Convinced plaintiff's attorney to drop the lawsuit
Berde et al v. Albero Consultant to attorneys for intervenors, Protection and Advocacy, Inc., Oakland, California seeking to prevent use of restrictive covenant to exclude group home
North Shore Association for the Retarded (name has since been changed to Shore Community Services, Inc.) Devised and coordinated successful efforts to win zoning approval for group homes for developmentally disabled adults in Evanston, IL; expert witness on effects of group homes (1982)
Kings Treatment Center (20082009) Provided legal representation on zoning matters for group home proposals in Winfield, Kansas
Habilitative Systems (2009) Provided legal representation on zoning matters for group home in Chicago
Hope House (20082009) Provided legal representation on zoning and building code matters in Hillside, Illinois
Sequoia Recovery Services (20072009) Provided planning and zoning law advice for recovery communities in Pontiac, MI
Open Door Rehabilitation Center (20042005) Wrote zoning text amendments to provide as of right for community residences for people with disabilities in Sandwich, Illinois. Served as expert witness for these text amendments as well as area variances and special use permit for group homes for people with developmental disabilities. Prepared request to Illinois Department of Mental Health and Developmental Disabilities for waiver of licenseimposed spacing distance
King's Alcohol/Drug Treatment Center (2005): Secured correct interpretation by county officials of zoning and housing code provisions for two recovery communities for young adults in Sedgwick County, KS
Independent Lifestyles (1996+): Represented this operator of group homes for the frail elderly and other people with severe physical disabilities on zoning and hazards reports issues before the City of Wauwatosa, WI (1996) and other Milwaukeearea cities including Franklin, WI (2006)
Time to Change, Inc. (20062007) Provided legal and planning assistance to operator to win special use permit to establish a 120bed community correctional facility in an industrial park in Commerce City, Colorado
Recovery Resource Center (20032005): Completely rewrote corporate bylaws and represented the center in zoning matters in west suburban Cook County, Illinois
Unity House (20032005) Represented recovery home for men addicted to alcohol or illegal drugs in zoning matters.
Elgin Villa (20032007) Representing recovery homes for men addicted to alcohol or illegal drugs in zoning and housing code matters
Poplar Place (2004) Secured corrected interpretation of zoning requirements to allow a group home for the frail elderly in a Milwaukee suburb
Kevin Spilsbury (2004) Represented neighbors responding to zoning proposal for miniinstitution with 56 recovering addicts and alcoholics in two adjacent houses in a fenced compound in Clark County, NV
Chabad of California (19992001): Provided legal guidance in a variety of zoning and building code matters in Los Angeles, CA, regarding residential rabbinical schools and colleges, drug treatment centers, and recovery communities.
Yellow Brick Road Recovery Community (2001+): Represented operator in response to $1,000 ticket from Village of Maywood, IL, for violation of the zoning code. Violation was nonsuited.
Dungarvin of Wisconsin (20012002): Ended efforts by LaCrosse, WI, to prohibit Dungarvin group home for adults with developmental disabilities from locating in a residential district without having to file a lawsuit
Dungarvin of Illinois (19981999): Represented group home for adults with developmental disabilities in its efforts to locate in residential district in Cordova, IL (population: 600). Drafted revisions to the village's zoning code which the village board adopted with some changes that made the client's group home a permitted use.
Senior Residential Care of America (19971999): Represented this communitybased residential facility for 20 frail elderly before the Village of River Hills, WI, in application for special use permit
Villa Family LiveIn Centers, LLC (1996): Represented this operator of group homes for the frail elderly before the City of Oak Creek, Wisconsin for a special use permit
Lighthouse Academy and Residential Center (1995): Represented operator of proposed boarding school for abused, neglected, and abandoned teenagers placed by the Illinois Department of Children and Family Services seeking to locate in the City of Joliet, Illinois;
Lifecare Homes (199697): Represented this operator of group homes for the frail elderly before the City of West Allis, Wisconsin, for an exception to the state's 2,500foot spacing distance
Jack Clark's Family Recovering Communities (19951996): Represented this halfway house for individuals recovering from drug and alcohol addictions for a special use permit from the Village of Maywood, Illinois
Villa Family LiveIn Centers LLC (1996) Represented operator of group homes for senior citizens with disabilities before local plan commissions and zoning boards in Wisconsin
Shelter, Inc. (19921993) Consultant on site acquisition for shelters for abused children
Dungarvin, Inc. (1993) Represented Dungarvin before Lakewood, Colorado, zoning board to obtain special use permit for group home for residents with developmental disabilities.
Proviso Family Services — Served as attorney and expert witness in public hearing for special use permit for group home for six women with mental illness. After winning approval of Maywood, Illinois, Plan Commission, the Village Board amended the zoning ordinance to make such group homes a permitted use.
Foundation for Chemical Dependency Programs (1990): Represented operator seeking zoning map amendment and special use permit to open halfway house for teen–agers in recovery from drug and alcohol addiction in unincorporated Will County, Illinois. Also handled press relations. Zoning issued by 25–1 vote of County Board despite neighbor filing petition requiring a 3/4 vote for approval. Also handled licensing issues
Dungarvin, Inc. (1991) Served as attorney to successfully persuade Town of Schererville, Indiana, to withdraw zoning and code objections to proposed group home.
Martin Luther Homes Served as attorney for special use permit hearing for group home for persons with mental illness.
United States v. City of Chicago Heights, 161 F. Supp. 2nd 819 (N.D. Ill. 2001 Expert witness for the U.S. Department of Justice on zoning and planning law issues. Deposed in 2000. Identified legal issues that led to district court's summary judgment decision in favor of the United States.
Tracey P., et al v. Sarasota County, C.A. No. 8:05CV927JDWEAJ, U.S. District Court, Middle District of Florida Expert witness for Sarasota County in federal lawsuit; deposed Dec. 20, 2006; case settled Dec. 2007.
Rimrock Foundation v. City of Billings, et al, Cause Number CV 06162BLGCSO Expert witness for Billings, Montana in federal lawsuit. Produced expert witness report that helped lead to settlement of the case (2008).
T.W. and Southern Living Centers v. City of Belleville, IL (1997) Testified as expert witness on zoning and group home impacts in federal court case in Belleville, IL. Case No. 97790WDS (U.S. District Court, Southern District)
City of Mattoon v. Heritage Enterprises of Charleston, Inc., The Graywood Foundation, Inc., and Mile Stones Midwest, Inc. (19971998): Deposed as expert witness on group home exclusion case in state court in Mattoon, IL (Coles County Circuit Court Cause No. 97MR36)
Ancheta v. Westborough Homeowners Improvement Association (1997): Expert witness in California state court case involving application of restrictive covenants to group home.
Miseracordia (2012): Expert witness before Lincolnwood, Illinois Plan Commission on behalf of Miseracordia's successful application to establish a group home for six women with developmental disabilities.
Staley, Staley and Huggins v. LB Properties (1992) Testified as expert witness in successful defense of neighbor effort to overturn ruling by East Peoria Zoning Administrator that group home (RFMS) was a permitted use. Illinois Circuit Court, Case No. 91CH64 (May 19, 1992).
USA v. City of Chicago Heights and RFMS, Inc. v. City of Chicago Heights, Civil Action No. 89 C 4981, U.S. District Court, N.D. of Illinois. Settled in favor of RFMS, 1990. Served as expert witness to Rosenthal and Schanfield law firm handling Fair Housing Act lawsuit against Chicago Heights for denying special use permit for group home. Resulted in settlement issuing special use permit for group home and $45,000+ in fines and costs.
Center for New Horizons Served as expert witness before Chicago Plan Commission seeking special use permit to establish a group home for displaced abused boys from the neighborhood; prepared argument portion of brief appealing denial of special use permit. Scheduled to appear as expert witness in court case which was eventually dropped.
Expert witness on proper zoning treatment and impacts of group homes or halfway houses on property values:


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From what we know, a lone individual named Micah Xavier Johnson (the media shortens it to X, how very subtle of them) clambered into a sort of snipers' nest and used a rifle to mow down 5 of Dallas's dullest (pigs) and injure several others, including a couple civilians. This was in the context of a "peaceful" Black Lives Matter march that was organized by the predictable array of NGOs and church groups, and many participants in the march were shown later to be posing with pigs. Johnson's actions were, from a Maoist viewpoint, adventuristic. Armed actions are to be carried out by disciplined units of a people's army and not by scattered "lone wolves". Violence is a tool to be wielded in the people's interests and from the viewpoint of the masses of people, with their consent and participation. During the period of the revolutionary war, the protracted people's war, violence is used with the intent of seizing control, first over liberated zones and base areas and then over the whole country. Demonstrations, as well, are not just for demonstration's sake, they are also a tool, used by the mass organizations and the Communist Party to show strength, to threaten, and to show force, also to build a red mass culture. After the capture of power and the establishment of the proletarian state, violence is used to suppress the bourgeoisie and other alien elements that would seek to subvert the new power. But that's neither here nor there in this particular situation, Johnson wasn't a Maoist and obviously didn't behave as such. What he represents is 400 years of rage, the spectre under the bed of every pig, the radical nigger, the Nat Turner sneaking into the bedroom after dark to chop off massa's head. I don't fault him, I just wish he had found Marxism-Leninism-Maoism instead of the racialism and NOI/NBPP type cultural nationalism that he expressed on his Facebook page and apparently made up his ideology.
Actions like that which he took are to be understood as "revenge actions", people who've had enough and can't take anymore. If you feel like that, please don't pick up a gun and start shooting at pigs, it can't help the masses at this stage. We don't need more martyrs, the pigs help us enough on that front. We need revolutionaries, we need cadres, we need disciplined people that are really serious about revolution and acknowledge the protracted nature of the struggle. The objective is to smash the pig system, not chop heads off the hydra so that 20 more can grow back. If you live in the Saint Louis or Kansas City Metropolitan areas, join or form mass organizations like Progressive Youth Organization – STL and Progressive Youth Organization – KC. If you're in Austin, DC, Portland, or Los Angeles, join the Serve the People groups there, and also develop your theory and practice. Research Marxism-Leninism-Maoism, and study the practice of people's wars and Maoist revolutions the world over, then get with others that think alike, or help develop others' politics. Start or join a revolutionary collective like KCRC (Kansas City Revolutionary Collective) or the Red Guards collectives in Los Angeles and Austin, if you're theoretically developed and willing to dedicate a shitload of your time to making revolution as cadre. Help build organizations and collectives that can struggle for unity into a Maoist Communist Party, and build dual power apparatus in your city. Make it so that people don't have to call the pigs. Make it so that people realize that there's a better way and this hell is only temporary. Study and train in self-defense. Serve the people and apply the mass line. The people's army and the people's party will take a long time to build, and won't drop out of the sky, but without it, we have nothing.
I don't mourn for pigs. The whole bourgeois apparatus, ranging from the flag outside the post office to the media to the chief pig sitting in the White House the bourgeois/petit bourgeois operating within the Black Lives Matter movement swung into action before the pigs' bodies were cold, calling for healing and prayer and "coming together". No real revolutionary cries for the deaths of their enemies. Neither do the masses. The pig from its very inception has been an enemy of the people. The pig caught my ancestors when they fled the plantations, bashed our heads in to keep us as sharecroppers, joined lynch mobs, broke up strikes, and encouraged the spread of drugs in our communities. As for the "few good cops", some snakes don't bite, but they're still snakes and have an antagonistic contradiction with the mice. The people rejoice when they hear about their enemies' deaths, and mourn the losses of their own. 4 black men were killed by these pigs last week, that is who I mourn. Revisionists that excised the Leninism out of themselves long ago with a rusty dagger are now bawling about "adventurists celebrating the events in Dallas" and digging out Lenin and Trotsky quotes about the folly of individual terrorism while running presidential campaigns (and their mouths), tailing left and right, the CPUSA is "condemning the deaths of the police officers in Dallas", and much of the petit-bourgeois BLM "leadership" exemplified by DeRay McKesson (who was recently arrested in Baton Rouge, I feel for the guy but he's a neoliberal petit bourgeois shill that will end up being a more stylish version of Al Sharpton) is currently falling over themselves distancing themselves and writing things that other academics will read and generally engaging in the worst displays of handwringing, spineless liberalism that I've ever seen. Let them, they're irrelevant and the masses don't give a shit anyways. There's a class struggle brewing in BLM, and the petit bourgeois who disown and attack a black person who thought his life mattered will be overthrown by the masses who continue to storm the gates of heaven and wage militant struggle against the pig. Be the pig or fuck the pig, these are your options. No middle ground. What's it gonna be?

subset: commoncrawl


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Sunday, 25 September 2011
Avatar (4½ Stars)
Today I watched "Avatar" for the first time. Two years late. Why did I wait so long? The answer is simple. The whole hype about the film put me off. If someone tells me a film is great and I should see it I might watch it, depending on what I know about the person's tastes. If a few people tell me a film is great I almost certainly will watch it, to see what the fuss is about. But if almost everyone is telling me a film is great I rebel against the public opinion. I don't want to watch what everyone is watching. I want to be different.
Having said that, I have to admit that "Avatar" is a good film. It's not a science fiction masterpiece like "Terminator" or "The Matrix", but it's certainly better than the Star Wars films that I've always considered overrated.
I don't want to say too much about the content of the film itself. I expect most of my readers have already seen it. The premise is simple. A wheelchair-bound ex-marine is sent as part of an expedition to a remote planet called Pandora. With the aid of computer controlled biogenetics his consciousness is transferred into an artificial body which resembles the natives of the planet. While his mission is to infiltrate the native population for the purpose of mining valuable ore, he grows more and more sympathetic with the natives and their plight.
2 comments:
I loved this movie but when I think about it objectively and really view it from outside the point of view of just any other fan I think of how this is almost like American History with a twist. Why? Well if you look at the story of Pocahontas and James Smith you see a lot of similarities with a few twists to the plot and the whole theme. The new explorer (a soldier/warrior/simple minded man (not stupid)) meets the princess of the natives who helps integrate him into their native society while he really wants a way to find a diplomatic solution to get the thing that his people treasure most (with James it was gold and with this one it's ore). She finds out the truth behind his original plans, they fight, there's a war between the two (the invaders and the natives) and he ends up helping the natives. The only difference between the stories is the ending which I won't give away but needless to say that the similarities are pretty clear. I wonder if they meant for that to be the case or not but nonetheless I think it's an interesting spin on a story that's already been told and it makes it new and interesting.ReplyDelete
The cast was very well done and I love the effects and cgi that they used to make it look so realistic (as realistic as giant blue tattooed aliens can look) and the story was both engaging and exciting. It even made me forget that the "story outline" was cliched and something I had seen before. So a definite favorite of mine.
The cliches were obvious to me from the first viewing. But cliches don't necessarily make a film bad. I enjoyed it. I watched the interview with James Cameron (on the DVD) and he said that he was inspired to make the film because of environmental issues. The allusions to tropical rain forests is obvious, but like you say we also see references to native Indians.ReplyDelete


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In Seattle, a production of Neil LaBute's Fat Pig is shoehorned into a tiny space with, apparently, equally intimate results:
Justin C. Lockwood plays Carter, the typical LaBute chauvinist pig/best buddy of the protagonist. (Lockwood is also the production's director.) At the performance I attended, Carter was in the middle of a monologue about his fat mother and how her weight made him uncomfortable as a child, his description of the overweight mother increasing in brutality until a woman in the audience gasped and scolded Carter: "That's your mother." The outburst stole a second from the performance, an uncomfortable pause before Lockwood regained his equilibrium and went on to work the monologue's thorny language and stick the landing.


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Over the past century, we've managed to warm the Earth by more than a degree Fahrenheit with heat-trapping emissions. And sea levels hiked with the temperature - about eight inches, in fact. What will this ongoing trend mean for America's coastal cities, which had a taste of destruction during Superstorm Sandy? At noon on Think, we'll hear from science writer Tim Folger about how we could adopt and adapt ideas from the world's flood-endangered islands. He wrote the cover story "Rising Seas" for the September issue of National Geographic, in which these photos appear.
Listen to Think from noon to 2 p.m., and again from 9 to 11 p.m., Monday through Thursday on KERA 90.1 FM or stream if you like.


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One of the things that I enjoy very much is shooting a client multiple times. First time can always be a challenge for the client, especially because they really don't know what to expect from their session. Of course I'm always happy that they find themselves thrilled with the images, and even happier when they book their next session to come back. It's fantastic and honestly a huge compliment to me. Such is the case with Mrs. D. Her first session was a huge hit with the hubby, so she decided that she would do another session, white sheet this time, to compliment the first one and then an album for Christmas. I'm excited to hear what he thinks of the book when she gives it to him.
Here's what she had to say about her session:
"I have now done two boudoir shoots with Judy and both have been absolutely amazing! Any fears or insecurities of mine melted upon meeting the lady behind the gorgeous photos; she's down to earth, kind and funny. Even if you have no clue how to be sexy or pose – she makes it happen! From when you first walk in to her unique loft studio to the "photo reveal", Judy will take you on the boudoir ride of your life!
The entire preparation process from choosing what to wear (or not wear!) to makeup and hair is fun and yes…indulgent!! It felt incredibly satisfying to get an opportunity to set aside some time to focus on me!
A most gifted photographer, Judy truly knows how to capture each and every woman's beauty. She makes being vulnerable feel like a warm summer's breeze! Of course you're nervous, but excited at the same time… it's an experience that forces you out of your comfort zone a little bit but makes you feel wonderfully alive!
Judy's talented eye exposed a sexy, sensual, confident version of myself that I love! When I gifted my husband the photos the first time around, he loved them so much that he projected them from a large wall in our house the night of my fortieth birthday party! Everyone loved them! Thank you, Judy, for capturing, and essentially immortalizing, my truest and sexiest self! I'll be back!"
And of course I'll be thrilled to have her back again and again and again!!!!


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Acrylic on canvas, 12" x 32"
Friday, November 19, 2010
Wednesday, October 6, 2010
Friday, September 24, 2010
Tuesday, September 21, 2010
Sunday, September 19, 2010
Chief Executive Officer
Wednesday, September 8, 2010
Sunday, September 5, 2010
Thursday, September 2, 2010
Wednesday, September 1, 2010
Sunday, August 29, 2010
Sunday, July 25, 2010
Lonely, with Company
Sunday, June 27, 2010
Wall and Fence by Train Tracks, Late Afternoon
Wednesday, June 23, 2010
Illustrations: Deacon from "The Evils" by Travis Burnham
Tuesday, June 1, 2010
Two new "sister" paintings
Friday, May 21, 2010
Illustrations: Zoë from "The Evils"
Illustrations: Kasch from "The Evils"
Illustrations: Fink from "The Evils"
Tuesday, May 18, 2010
Illustrations: Brewster from "The Evils"
Another character from "The Evils" by Travis Burnham
Final illustration
rough color blocking/values
Final illustration
rough color blocking/values
Wednesday, May 12, 2010
Illustrations: Grendel from "The Evils"
Illustrations: Akela from "The Evils"
Character illustration for a supporting website (in development) for the novel, "The Evils" by Travis Burnham.
Final Illustration
"Akela" Sketch
Color blocking
Final Illustration
"Akela" Sketch
Color blocking
Monday, May 10, 2010
This was originally intended to be a screen print design for the table runners at my wedding, but the "art director" (now wife) rejected it. So, I dug it out of the sketchbook and painted it.
Tuesday, March 2, 2010
Cherry Girl
20" x 16", acrylic on canvas
This is a painting of a "Cherry Girl" doll, designed by one of my favorite artists Camille Rose Garcia.
This is a painting of a "Cherry Girl" doll, designed by one of my favorite artists Camille Rose Garcia.
Saturday, February 20, 2010
Lady Pox
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Netscape 7.01 Released with Pop-up Blocker
Tuesday December 10th, 2002
Netscape has updated its flagship browser to version 7.01. This latest release is based on Mozilla 1.0.2 and combines several bug fixes with a couple of new features. The most notable of these is a sophisticated pop-up blocker (accessible from Edit > Preferences > Privacy & Security > Popup Window Controls). Also new in this release is an option to set a group of tabs as your home page.
Netscape 7.01 is available as a free download or on CD-ROM. More details can be found at Netscape Browser Central or in the updated Release Notes.
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Tuesday December 10th, 2002 7:15 PM
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Being a full time college student, part time employee of the University of Texas at Tyler, and a member of the debate team, I don't get a whole lot of free time. However, in the rare instance that I do, I do what every other average American does…. I watch TV.
There are many options that one has when they wish to have access to their favorite TV shows. They could go through Sudden Link and get a bundle package with their Internet; they could get Direct TV, or possibly even another provider. Me? I chose to get Netflix.
With so many options, you may find it interesting that I chose to get a service that doesn't offer me access to shows as soon as they air. That isn't really a problem for me.
You see, my free time is often unscheduled, so I don't have a way to sit down and watch a scheduled TV program. With Netflix, though, I can watch at my own pace whenever I want. It's the perfect thing for a busy college student like myself.
It is also good for me because I don't really like TV shows while they are still on TV. I usually discover a love for them as they are finishing, or even after they have been off of the air for several years. Fortunately, when I do find out about them, with Netflix I can watch the entire show over a span of several weeks to several months.
Now, to the part that many people care most about… the costs. For one, when you first sign up you can get an entire month for free. That is pretty cool for a poor college kid like me. After your first "trial month," you can watch as much as you want for only $7.99 a month. That is hundreds of dollars cheaper than any other service that you can get when it comes to television.
I do more than just watch TV, though. I also like to play video games. I own an Xbox 360, which can also double as a form of media station where I can access the internet, stream music, and even watch videos. This includes the ability to download a Netflix app onto my home dashboard where I can watch my television shows from my Xbox. If that isn't cool, then I don't know what is!
Netflix is such an awesome service. It's cheap, extremely accessible, and hardly ever encounters technical problems. It is the perfect investment for someone who enjoys television, but doesn't want to deal with huge bills every month. It is perfect for the average college student, thus I must suggest heavily to anyone who reads this and is interested in something like this. You won't regret it!
If my persuasive abilities have convinced that Netflix is the way to go, but you aren't sure what to begin watching, here are some good ideas. Additionally, this is my favorite show EVER. You should watch it.


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Not so big, my I am happy!
Some bolting tatsoy, I will start again in fall.
Some bugs are eating them too, small black bugs with hard covers. How to get rid of them?
See what others have harvested at Daphne's Dandelions.
Monday, May 21, 2012
Harvest Monday - May 21 2012
3 comments:
Oh yum! Peas and strawberries, two of my favs! not sure about your bugs, some kind of beetle maybe. Do they fly?ReplyDelete
Beautiful garden and great photos! Our strawberries have been attacked by bugs too and are dying. Hope you are able to figure something out!ReplyDelete
Good luck with the strawberries. I grew them at my last house and they were always eaten by chipmunks. The insects didn't have a chance. So far at this house we just have a few spittle bugs.ReplyDelete
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My life certainly isn't that exciting. I don't have a high-stress corporate job. I don't have a lot of (any) money. I don't do really fun things, throw fancy parties, or anything that really distinguishes me from the crowd. And yet, I am unique. I am me. Sometimes I'm funny, sometimes sad, sometimes just boring.
I absolutely love my life. I wake up in the morning (feeling like P-diddy) with a beautiful little girl snuggled in my arms. She lazily opens her sweet brown eyes and smiles. "Hi Mommy." Her angelic voice touches me to my soul, and I know my daughter is the most beautiful and special gift I've ever been given. We snuggle in bed for a little while, and then, we begin our day. I make her breakfast, which she usually takes at her table by the window. She's like a cat, and can't resist the sunlight streaming through the window.
While she eats breakfast, I sip coffee and watch the news, listen to the radio, or read the paper. The news, regardless of the fact that it is usually full of evil and pain, doesn't dampen my mood. It's not that I don't care about the calamity in the world, it's that I have lulled myself into a security. It isn't a false security, as I know anything can happen, it's just a knowledge that I have to live like I'm dying. No one is promised tomorrow, after all.
I'm by no means the perfect parent, and readily admit that my daughter loves to watch TV every now and then. Usually by the time she's done with breakfast, we play with blocks or something in her room, then by twelve, she is ready to watch some TV. Always Chowder, lately. It's not educational, but it's funny. I enjoy the show, and I don't really think 30 minutes of mundane food jokes are going to mess her up for life. I just don't believe that way.
Actually, as I type this, we're almost done with Chowder, and I'm getting ready to throw the dishes in the dishwasher, and go outside for awhile. In beautiful weather, it's a shame to be stuck indoors, and I am so blessed that I don't have a job and I get to spend these precious hours with my sweet baby girl. I admire women that work outside the home, but I love being home with my daughter. I don't think either way is right or wrong. Different strokes for different folks, ya know? But yes, I love outside play. One of the joys of apartment living is that we have a playground right outside the home. We have a department store within walking distance, and there is plenty of space to play, to just run and be a kid.
The downside of apartment living? Noise complaints because my two year old cries in the middle of the night. Do these people think I enjoy waking up at 2 AM to fetch precious cup? Cause I don't. And no one has offered me a workable solution either. So glad we're moving in June.
For right now, duty calls. I'm going to change this big, stinky diaper, dress for play, and head outside for a few hours.
Man, I love my life!
Update with exciting news
11 months ago


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Making money in real estate might seem easy to most individuals, but they don't realize how much you need to learn. The market is something you cannot control, but you can have control by investing wisely. Get to know others in your local real estate market. It's a good idea to talk to other people and get advice from those more experienced than yourself. It can be quite useful to… Read Article →
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LOS ANGELES (Reuters) - A bumper 40 million U.S. viewers watched Sunday's Grammy Awards, drawn in by the death of Whitney Houston and the performance comeback of Adele, and kept watching by a controversial religious stage act by rapper Nicki Minaj.
The telecast drew 39.9 million viewers — the second-largest Grammy TV audience ever and the biggest since 1984, ratings data showed on Monday. Last year's Grammys show drew 26 million viewers.
But critical reaction was mixed. Jon Caramanica of The New York Times called the show "one of the dullest Grammy ceremonies in recent memory," and said "there was nothing forward-looking" about Adele's Grammy-sweeping album "21.
The Washington Post's Chris Richards criticized the Grammys for not using Houston's death as an opportunity to "memorialize a voice that once embodied the excellence the awards claim to celebrate," saying the show instead consisted of "disjointed collaborations."
Houston, 48, was found dead in a bathtub on Saturday in a Beverly Hills hotel. The exact cause of her death is still under investigation.
On the Grammy stage, singer and actress Jennifer Hudson paid tribute to Houston with a heartfelt rendition of "I Will Always Love You."
Dolly Parton, who wrote the ballad that became one of Houston's biggest hits, said on Monday she was "brought to tears again last night" by Hudson's performance, which quickly became one of the most-searched topics on the Internet.
"Whitney - The Greatest Hits" shot to No.2 on the iTunes album chart on Monday, while Adele's single "Rolling in the Deep" was also riding high on iTunes after she sang live for the first time after throat surgery in November, and collected six Grammy trophies.
Minaj made waves with a Catholic church-inspired performance of "Roman's Holiday" that was condemned by the Catholic League.
"Perhaps the most vulgar part was the sexual statement that showed a scantily clad female dancer stretching backwards while an altar boy knelt between her legs in prayer," Catholic League president Bill Donohue said in a statement on Monday.
The Hollywood Reporter's Tim Goodman called it an "ungodly bad performance" and British paper The Telegraph said it was the
night's "most bizarre/headscratching performance."
Minaj ignored the negative comments on Monday, saying her fan base understood her.
"It's the most comfortable I've been on stage in my entire life...I could have chosen to do a no-brainer pop song but I can't do it anymore, I have to stay true to what I'm doing," Minaj told Ryan Seacrest on Los Angeles Kiis-FM radio show.
The fusion of old and new bands drew mixed reviews, with Goodman calling the collaboration between the reunited Beach Boys, Maroon 5 and Foster the People "just sad" and "completely wrong."
Reporting By Jill Serjeant and Piya Sinha-Roy, Editing by Christine Kearney


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Two days ago, I reported that I had lost 24 lbs in 24 days. Certainly what it is that I am doing has produced the desired results. I am not following any popular diet plan. Up until now my plan had no name. That is no longer the case. My plan has a name.
It is the 'Rabbi Hillel Diet.'
One of my favorite stories that I learned within the past two years from my Rabbi at my Chabad House in Chicago involves a story about the great sage, Rabbi Hillel. This 2000+ year old story goes something like this: A man interested in converting to Judaism said that he would accept the teachings of Judaism if a Rabbi could teach him the entire Torah (Five Books of Moses) while the prospect stood on one foot. He first asked this of a Rabbi who was insulted by the 'ridiculous' request. The prospect was undeterred. The prospect approached Rabbi Hillel. Rabbi Hillel rose to the challenge, and he said:
"What is hateful to you, do not do to your neighbor. That is the whole Torah; the rest is commentary - go and study it!"
It is from this famous quote that I have fashioned the name of my plan. You could now ask me what is the name of my weight loss plan. You could task me with divulging this information while you stood on one foot.
"What is unhealthy for you, do not eat. That is the whole plan; the rest is commentary - go and have lunch!"
That's it. It is truly simple. Not necessarily easy, but truly simple. If someone should ask me what plan I am following to lose weight - I will simply say: It is the 'Rabbi Hillel Diet.'


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Well, the Singing Pen is back after a much-needed holiday hiatus.
The end of 2010 found me tired and "toxic" (an adjective from my med school days for burn-out). I love my job and feel so fortunate to be an academic family physician, but the juggling act of my responsibilities was wearing me down. I was overdue for a vacation and eagerly looked forward to this one.
I have come to expect that it takes me a minimum of 48 hours into a vacation to truly begin to relax, but I wish it didn't take so long. I want to be able to turn my work mindset off and on like a switch. That magic switch would allow me to maximally enjoy my vacations, as I'd be in the right frame of mind from the outset!
But, no, instead I spend the first couple of days consumed with the restless feeling that I should be doing "something." Knowing that I need to relax, I force myself to sit with a book or get in the jet-spray bathtub, but somehow I always find myself distracted by something else to do. The "something else" is always some trivial domestic chore or errand (or, to my wonderfully patient husband's dismay, occasional furniture rearranging). Gradually, the intervals between distractions lengthen, and I catch myself happily unwilling to "work" on anything at all by day 2 or 3 of the vacation.
I also completely unplug from e-mail, Facebook, Twitter, the blogosphere, etc. for the entire duration of my times away. It's not that I regard all things electronic as negative and intrusive (quite the opposite, actually!), but they do cost mental energy to interact with. I don't mind returning to an overflowing e-mail bin, and the benefits of a few days' introspection and rest are completely worth it to me.
I would welcome your thoughts on relaxation and physician wellness. And, if anyone knows of a "magic switch," please let me know! :)
My sincerest wishes to you for a healthy and balanced 2011.


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Look closely at your expectations of yourself and others. Think about the last time or the last person that caused you disappointment because you felt let down, hurt, angry or resentful.
Of course, we all have expectations of one another to some degree.
dentist will work on your teeth; that your mother will love you; and
that your friend will want to go to a movie with you.
But what if they don't—what if the waiter ignores you, the dentist makes you wait an hour, your mother doesn't make time for you one day and your friend has made other plans? Do you shrug it off, or do you get very upset?
he really is apart from the role he or she plays—have the unwelcome
side effect of putting you into your Fear Response. You are not seeing
this person's or the situation's true qualities. Rather, you are hoping he or she (or it) will fulfill the qualities you lack in yourself. This is a setup for disillusionment
and dissatisfaction and an invitation to the Fear Response to come right in.
I am not telling you that it is bad to have expectations, just to be aware of them. Your expectations and how attached you are to them is your signal of being out of balance or that your Fear Response is in active mode. Your expectations are clues that can guide you to healing your deeper needs.
Let's say, you find yourself getting upset over someone or something not meeting your expectations. Good. Now,
1. slow down that active brain thinking and imagine your SHIELD or golden rays of light shining down upon you, surrounding you in unconditional love and grace, so that you can Inhale deeply and Exhale completely.
4. As you do so, repeat these words: "The support I need is here. I have all that I need."
Focus on the inhalation.
Breathe in deeply.
Focus on the exhalation.
Exhale completely.
Notice how much air you can take in before you feel as if you are going to explode.
Notice how easily you let it go.
Notice how you cannot hold on to your breath even if you try.
Notice how when you exhale completely, your inhalation begins immediately.
Notice that there is no way to stop the cycle.
Notice how every time you let go of your breath, a new breath of life comes in.
Focus on your chest as the breath moves in and out.
Breathe in life.
Let go, sharing it with the world.
Breathe in love.
Let go, sharing it with the world.


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The tragedy of rural American life has gone mainly unmentioned, even as some of us have waxed rhapsodic over, say, the exportation of McDonald's to Asia. Why are we more concerned with the loss of "authentic" cultures in Thailand or Indonesia than with those of rural America?
Having interned in a declining rural area of western Massachusetts in grad school, I've become keenly attuned to the haunting silence of drowning rural cities. Paul hits the nail on the head.


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Somtime during the writing of RABBIT SLAYER I wrote a sort of short story based on the my characters. The story originally was the opening sequence before I morphed it into an event that would occur AFTER the story. Either way I felt it was cool. Lots of action and was filled with graphic descriptions. On a whim I sent it to an English teacher for his opinion. After reading the story he introduced me to the KEWL factor.
KEWL, as he put it, is writing a scene for the reason of being cool - or desiring a shock value. When the writer places more attention and description on the action than on the rest of the piece (s)he had introduced the KEWL factor. It's an interesting concept and one I have tried to keep aware of since then. You'll see kewl in many high action or high graphical effect movies. Tim Burton's new adaptation of Carroll's classic is an example of where the visuals over shadowed the story. The movie went from cool to kewl.
Recently I have been reading others work in my online critque groups. I enjoy a good action book - one of my favorite geners - but I have been seeing more kewl than cool. It is easy to picture writers salivating as they write these supercharged, adreniline filled scenes with little attention to story itself. Blowing shit up my look cool in Hollywood, but in a book there should be a reason for why the explosion occurs. Let's face facts here - shooting a gas tank in a car with a pistol will not create a massive fire ball that will burn down a half the city. THAT is KEWL not COOL.


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Ivory approaches public market investing by assessing companies on a private market, or fundamental value, basis through a research-intensive, bottom-up approach. Ivory leverages its investment team's experience in the investment banking and private equity industries to identify and assess the fundamental aspects that underlie prospective investment opportunities. With a solid understanding of these fundamentals, the team seeks to invest in those opportunities where a divergence exists between market values and underlying fundamental values.
Ivory's investment team develops its own set of expectations based on proprietary research and analysis and contrasts these with consensus expectations to identify investment opportunities created by material misperceptions in the markets. For Ivory, an investment thesis must be quantifiable and data driven, while the pricing dislocation must be expected to correct (or converge to its fundamental value) within a reasonable time frame. Ivory believes this security selection process must be augmented and balanced at the portfolio level by managing exposure to macro and systematic risks. In doing so, Ivory applies its unique, systematic risk management approach to measure, monitor and limit unintended or unexpected correlations in the portfolio.
Ivory takes a fundamental value approach to security selection. Ivory defines fundamental value as the "price at which a company's cash flows or asset values provide an adequate, risk-adjusted cash-on-cash return." This approach is based on the belief that:
- Over time, securities trade at their fundamental value
- Short-term dislocations can cause market values to vary from fundamental values
- Investment opportunities are created by these misperceptions
- Intense focus and analysis of individual securities can uncover these opportunities


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Ummm... Alrighty then.
|allison --
'How" will you be defined in the dictionary?' at QuizGalaxy.com
|allison --
'How" will you be defined in the dictionary?' at QuizGalaxy.com
"A person with a sixth sense for detecting the presence of goblins."
Shanna: adjective; like in nature to a kangaroo. WTF!
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For those that watch county cricket on a regular basis the way that Chris Woakes has been treated by the England selectors since he played his first ODI in 2011 has been something of a mystery. In first-class cricket his record is nothing short of exceptional. He has scored close to 5000 runs and taken over 400 wickets in that format of the game, doing so with a batting average of 37.14 and a bowling average of 24.62. That kind of positive difference between batting and bowling records is simply world-class.
Woakes finally made his Test debut against Australia in the final match of the 2013 Ashes at The Oval with the series already decided. He did okay in a bizarre match that saw Michael Clarke set up a chase and then bottle it. Woakes took a wicket and scored some runs, but it was on a flat pitch in a strange game and he didn't do well enough to get a spot on the tour to Australia that winter. A narrow escape, you may argue.
The argument against Woakes at international level was that he did not have the pace to trouble the world's best batsmen, and on that placid Oval surface at the end of the summer of 2013 he did little to disprove that. But when he was brought into the team to replace Ben Stokes during the Test series against India in 2014 he showed that he was more than capable of giving batsmen the hurry up. He took just five wickets in the two matches that he played but he looked the part.
He still remained a bit part player and didn't get another Test until he played in two of the four matches on the South African tour last winter, and while he bowled well he was desperately unlucky to only end up with two wickets in those matches.
It wasn't until 2016 that Woakes proved his worth, and from the point that he was recalled for the Sri Lanka series, once again replacing Ben Stokes, until the two Tests in Bangladesh, he has been every present in the side.
He celebrated that recall with a career-best first-class bowling performance for Warwickshire in May. Durham had reached 92 for one before Woakes put together one of the best spells that anyone has bowled for the midlands county. It was like he was delivering 90mph leg breaks as he took nine wickets for just 36 runs. Writing for ESPNCricinfo, David Hopps described Woakes that day:
"Woakes briefly was also a force of nature, at the top of his pace and swinging the ball with relentless accuracy. There was an unexpectedly severe tornado in Birmingham in 2005 and here was another one as rhythm fell upon him and he tore in, utterly attuned to his task."
He continued that same form for England. In the six Tests he played against Sri Lanka and Pakistan this summer he took 34 wickets at an average of 17.2, while scoring 282 runs at an average of 40.28. His best performance came in an England defeat, where he took 11 wickets at Lord's for the cost of just 102 runs against Pakistan. A Misbah-ul-Haq hundred saw Pakistan emerge victorious, but Woakes was a class apart in a match where he took six wickets in the first innings and five in the second.
While there were some serious doubts over Woakes ability to turn his success for Warwickshire into runs and wickets in international matches, they are no longer valid. He has proved that he is a serious player regardless of the format, and it is hard to think of an England squad without him over the next five years.
How well he will do in India is up for debate, as is whether he will be able to play five Tests in such a short space of time. The chances are he will be rotated out of the squad for at least one of the matches, especially when James Anderson arrives having recovered from his shoulder injury.
He struggled in Bangladesh in conditions that could not have been less suited to his back of a length swing and seam bowling, but he is a clever enough cricketer to learn from that experience. However, it would be foolish to expect him to generate the numbers that he managed in England this summer in Indian conditions.
Much will depend on whether Woakes can get some lateral movement in the early part of the innings while the new ball still has some shine, and whether he can get the ball to reverse once it has been roughed up. If he finds neither of those things his opportunities could be limited. As for every player in this England squad, this tour will be a serious test of his abilities.
Click here to read profiles of other players involved in the India-England Test series.
Click here for the full schedule, when and where to watch the matches, live coverage on TV, online streaming.
Updated Date: Nov 08, 2016 13:49 PM


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As the spell hits the elders and pierces a hole in the wall, everything in the room gets drowned inside a bright white and yellow light. A loud crackling follows, shattering everything inside the rooms.
In the next instant everyone hit by the spell convulses due to extreme high voltage and amperes, their bodies start smoking and begin to get charred. Within a second they catch fire and the bodies start to burn up rapidly.
Even the hostage, who was suspended in mid-air, succumbs to the attack. The one elder who was able to barely escape instinctively heads for the exit. Blinded by the spell he makes his way past Almar, who is unable to see himself.
However reaching the stair towards the exit, he bumps headfirst into mister anonymous and knocks him over.
The elder puts out a massive aura as a threat, but mister anonymous doesn't budge. Instead he meets him head on with his own aura, sending a chill down the elder's spine.
'There's another one? I thought there was just one attacking us, what was that attack? He killed everyone with just that attack!' the elder thinks jumping back a few meters.
Almar himself falls down exhausted and unconscious, having used all of his mana his body shuts down completely. Yako catches his body and lays it down gently on the floor. She focuses her attention on the other two blankly staring at each other and testing their aura's.
As the bright light fades and their sight slowly returns to normal, the elder quickly looks around and spots Almar on the floor with Yako standing next to him. Feeling no aura coming from them he targets them and rushes towards the both of them.
Feeling the aura come forward, Yako takes a defensive position with her blade ready to strike.
As the elder comes closer fast, mister anonymous finishes casting his spell. Sharp spikes erupt from the floor as the elder nearly reaches them. The first spike pierces his foot as soon as it touches the ground. The other spikes lock his leg in place. The elder slightly stumbles and steadies himself.
"Who the hell do you think you are coming here and killing my family!?" he yells out of frustration.
"We are the people that will kill off your family for conspiring against the kingdom and the murder of many of our hunters." mister anonymous says slowly walking closer with his blade drawn.
The elder glares at mister anonymous with hateful intent and tries to free his leg.
"Don't even try, you're not escaping us. We'll take you in for questioning and we'll get everything you know out of you" as mister anonymous says that, the elder's hands, arms, legs and feet get bound by heavy stone shackles.
"Like you can even get a single thing from me" the elder says snorting in his mind there is no way he'll even let them know anything.
Without further conversation mister anonymous fully encases the elder in stone, leaving just a small breathing hole and begins to transport him out of the building.
Yako follows suit with Almar being carried on one hand over her head, it looks as though a young girl just killed a bear and is carrying it home.
When they reach the ground above, the others are already waiting for them. Having completely emptied the family grounds of anything alive. Mister anonymous hands over the stone encased elder as well.
"Use any method you can to extract information from him, I don't care if he dies in the process" he says handing him off.
"Yes sir, I'll let the interrogation team know" a womanly voice says from behind a masked face.
They all move outside and head towards the castle, the plan succeeded without a hitch.
At the Myrtics mansion.
"Elders, Elders, I have bad news!" a young man says running towards a meeting nearly stumbling over his own feet.
"Hurry up and tell us already!" one of them sneers at the man.
"Y-yes sir, one of our spies noticed many bodies from the Gambrill family being taken away by hooded people. He followed them and they were taken to the castle. It seems like there is were least two hundred people moved this way. He hasn't seen any of the elders come out yet, but something is going on!" he says.
"Did they catch on to us?" one elder says with a panicked voice.
"It must be… why else would they target the Gambrill family!? This might mean we're next and whoever they are, they must be very strong to make something like this happen. It must be that Almar, he has always had good connections with the king" Adam Myrtics says making a fist in anger.
"Should we proceed to use our spell even though we don't have enough crystals to fully utilize it yet?" another asks nervously.
"I don't think we would have enough power to make a difference, even if we use the spell there are too many magicians to counter it. The result would end up with us being annihilated!"
A heated discussion erupts between the elders going back and forth between the different options.
"Okay since we can't agree like this let's have a vote instead. We have nine member here so we should be able to reach a consensus with the majority of the votes" the oldest elder says.
"Write an O if you want to activate the spell and an X to keep our heads low for now. Take your time to think about this, it otherwise might be the end of our family. Go home for now and come back in one hour and we'll continue this"
The elders all leave for home to ponder their decision.
An hour later they are all back and visibly calmed down a bit.
"Now let's start the voting, if you could all pass me your votes I'll announce the results" the head elder says.
"One vote for activating the spell, one for waiting, another for waiting, another for waiting, one for activating and another, one for waiting and another for waiting. Waiting has already got the highest votes, so from now on we'll refrain from doing anything suspicious. The people we kidnapped and are still alive will have to be processed, but we won't do anything else in the mean time. We can't afford to make mistakes and lead them here!"
"Yes elder, we'll order the extraction team right away to hurry up. We'll need to put the crystals in a place where others won't be able to find it, I guess the family vault would be the best solution" Adam Myrtics says.
"I'll get our Seal experts to write a Seal inside the vault so they will remain hidden even if someone were to break into it" Adam continues.
"Great, then from now we'll ban any talk about this subject until things have calmed down a bit" the head elder says.
"You're all dismissed"
At the castle.
"Sire we've successfully completed our mission, unfortunately there were some innocent casualties as a result of Almar's spell. However we concluded that the person they were extracting didn't have a good life left even if we did save him. The rest were all involved in the process of extracting and have been eradicated as planned. There are no witnesses of this raid besides the one elder we kept alive in this stone box" mister anonymous says.
"Good job, but where is Almar?" the king asks.
"After the spell he fell unconscious due to mana exhaustion. Yako took him to their quarters and started replenishing his mana. He should wake up withing the next hour or so, meanwhile I would like to make sure this elder spills the beans on what they were planning"
The guard are still carrying the elder encased in stone, slowly mana is leaking out of the case and filling the room with a layer of fog like mana.
"Sire do you have a good interrogation room where we can take him?" mister anonymous asks.
"There is a room near the armory that was once used for this purpose. It still contains anti-magic Seals and has all sorts of equipment you can use" the king says pondering the options.
"That sounds fine, let's move there right away".
'I'll teach those bastards to mess with my family!' the elder inside the stone box thinks.
'Even though you sealed all my limbs we all have a special trick up our sleeve for these situations. My love I'm sorry it ended like this, please seek revenge against these tyrants'
A sudden burst of mana shatters the stone casing, mister anonymous jumps in front of the king.
The next second the gas like mana ignites, the elder's body glows bright white.
The whole castle shakes under the explosion that follows. The door to the room get's blown to pieces and the shock-wave travels through the whole castle blowing out windows and shattering glass everywhere it passes.
The room where the explosion happens has blood splattered all over the walls, limbs, body parts and other pieces of flesh are scattered all over the floor.


text:
Day 17: Burlap Pillows
I love these burlap pillows that Megan created recently! The only supplies you need are a pillow form, some burlap and fabric paint. Such a lovely, rustic decoration to add to your home at Christmas! You can find a project sheet for the burlap pillows HERE.


text:
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United States District Court, D. South Carolina, Greenville Division
November 19, 2014
Samuel Shorter, III, # 341294, Plaintiff,v.Officer Russell, C/O, and Michelle Ussery, Medical, Defendants.
KEVIN F. McDONALD, Magistrate Judge.
The plaintiff, a state prisoner proceeding pro se, seeks relief pursuant to Title 42, United States Code, Section 1983. Pursuant to the provisions of Title 28, United States Code, Section 636(b)(1)(B), and Local Civ. Rule 73.02(B)(2)(d) (D.S.C.), this magistrate judge is authorized to review all pretrial matters in cases filed under Title 42, United States Code, Section 1983, and submit findings and recommendations to the district court.
The plaintiff is an inmate at the Kershaw Correctional Institution ("KCI") of the South Carolina Department of Corrections ("SCDC"). At the time relevant to this case, the defendants Officer Russell and Nurse Michelle Ussery worked at KCI.
In his complaint, the plaintiff alleges that on August 29, 2013, he was tied to his bed and beaten and raped, presumably by his cellmate (doc. 1 at 3). He alleges that Officer Russell was on duty but asleep and failed to respond to his screams for help ( id. ). The plaintiff alleges that the next day the medical unit denied him a hospital visit and did not conduct a "proper rape analysis" ( id. ). Later, the plaintiff discovered blood in his stool and learned that he had contracted hepatitis C ( id. ). He claims that his constitutional rights were violated by Officer Russell's failure to conduct a security check at the time of the alleged incident, and by the medical unit's refusal to send him to the hospital for proper treatment.
The defendants filed an answer (doc. 25) on June 20, 2014, and a motion to dismiss (doc. 30) on July 2, 2014. The undersigned issued a Roseboro order (doc. 31) to apprise the plaintiff of the dispositive motion procedure. See Roseboro v. Garrison, 528 F.2d 309, 310 (4th Cir. 1975).
In their motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6), the defendants contend that the complaint fails to set forth allegations sufficient to constitute any cause of action against either of them. Specifically, they argue that the plaintiff's allegations do not show deliberate indifference on the part of Officer Russell because the plaintiff has not shown that he was incarcerated under conditions posing a substantial risk of serious harm, nor that Officer Russell was aware of any such conditions. They further argue that Officer Russell's alleged failure to follow procedure does not constitute a constitutional violation. As for Nurse Ussery, the defendants point out that the complaint contains no allegations pertaining to her, and that she cannot be held liable for the actions of other persons under the doctrine of respondeat superior. The defendants also argue that medical neglect is not actionable under Section 1983 and that they are therefore entitled to qualified immunity.
The plaintiff filed his response to the motion to dismiss (doc. 36) on July 23, 2014. In his response, the plaintiff restates his allegations of the incident itself with more detail and again asserts that Officer Russell failed to conduct security checks. He also reports that "Sgt. Craig"[1] denied his request to "see medical" ( id. at 2). He also "blame[s] Nurse Ussery because they didn't follow proper procedure and have a rape kit done" ( id. ).
The plaintiff argues that his case should not be dismissed because he has a witness and because he has requested but not yet received documents relating to the incident, which he implies would be favorable evidence.
In addition, the plaintiff has submitted the following exhibits with his response: (1) a request to staff member (Form SCDC 19-11) dated February 10, 2014, in which the plaintiff requested treatment for hepatitis C (doc. 36-1 at 1); (2) a request to staff member dated July 1, 2014, relating to mental health treatment ( id. at 2); (3) a request to staff member dated October 15, 2013, relating to the plaintiff's request to be put back on his medication ( id. at 3); (4) grievance no. KRCI 0205-14 dated February 18, 2014, concerning the plaintiff's request for treatment of his hepatitis C (doc. 36-2); (5) a statement from inmate James McDonald stating that he "talked to [the plaintiff]" and is "aware of the [r]ape incident that took place in Oak Dorm at Kershaw Correctional Institution" (doc. 36-3); (6) a copy of interrogatories from defendants' counsel to plaintiff (doc. 36-4); and (7) a letter dated July 18, 2014, from plaintiff concerning protective custody and his placement (doc. 36-5).
The defendants filed a reply (doc. 38) on August 4, 2014, contending that the plaintiff's response fails to contradict their argument that the complaint is inadequate. Further, they argue that the exhibits filed with the plaintiff's response should not be considered in a Rule 12(b)(6) analysis, as the sufficiency of the complaint's allegations as to each of them is the determinative issue for the court, and the exhibits do not correct the deficiencies of the complaint identified by the defendants.
Federal Rule of Civil Procedure 12(b)(6) permits a party to move for dismissal if the opposing party fails to state a claim for which relief can be granted. Rule 8(a) sets forth a liberal pleading standard, which requires only a "short and plain statement of the claim showing the pleader is entitled to relief, ' in order to give the defendant fair notice of what... the claim is and the grounds upon which it rests.'" Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555 (2007). A motion to dismiss under Rule 12(b)(6) examines the legal sufficiency of the facts alleged on the face of a plaintiff's complaint. See Edwards v. City of Goldsboro, 178 F.3d 231, 243 (4th Cir. 1999); Republican Party of N.C. v. Martin, 980 F.2d 943, 952 (4th Cir.1992) ("A motion to dismiss under Rule 12(b)(6)... does not resolve contests surrounding the facts, the merits of a claim, or the applicability of defenses."). To survive a Rule 12(b)(6) motion, "[f]actual allegations must be enough to raise a right to relief above the speculative level." Twombly, 550 U.S. at 555. The "complaint must contain sufficient factual matter, accepted as true, to state a claim to relief that is plausible on its face.'" Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (quoting Twombly, 550 U.S. at 570). A claim is facially plausible when the factual content allows the court to reasonably infer that the defendant is liable for the misconduct alleged. Id. When considering a motion to dismiss, the court must accept as true all of the factual allegations contained in the complaint, Erickson v. Pardus, 551 U.S. 89, 94 (2007), and view them in the light most favorable to the non-moving party. See De Sole v. United States, 947 F.2d 1169, 1171 (4th Cir. 1991).
In analyzing a Rule 12(b)(6) motion to dismiss, a court may consider "documents incorporated into the complaint by reference, and matters of which a court may take judicial notice." Tellabs. Inc. v. Makor Issues & Rights, Ltd., 551 U.S. 308, 322 (2007). The undersigned agrees with the defendants that the court should exclude the exhibits attached to the plaintiff's response to the motion to dismiss. The documents are not "integral to the complaint, " and thus may not be considered without converting the motion to one for summary judgment. See Kensington Volunteer Fire Dept., Inc. v. Montgomery County, Md., 684 F.3d 462, 467 (4th Cir. 2012) ("Courts may also consider any documents attached to the complaint, as well as ...
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Babylon Rising, Chapter 61
This chapter is quite short, just Murphy and Isis's conversation post news of the Talon murders.
Interestingly, it is Isis who, though grieved by the loss of her coworkers, insists that they soldier on and finish what they started ("Chairman Compton is too far away to shut us down now.")
Murph wants them both to go back. Kinda a point in his favor, actually, since I would have expected him to insist that only Isis return, while he goes on.
But then, Isis reveals everything about the phone conversation: that the person who stole the Serpent tail carved a Serpent broken into three pieces, and a cross broken into three pieces, on the shelf.
Just like Laura's cross was snapped into three pieces! Wow!
Murph punches the wall. Literally, he walks over and punches the wall, as hard as he can, three times. I can only imagine that doing that would rip his knuckles to shreds and/or break his fingers, but he seems physically okay.
"Worst suspicisions confirmed. … Isis, this is beyond archeaology, or even faith and validating the Bible now. It's personal. We're going to find the head of that Serpent if it kills us."
I just imagine Isis cutting in with, "Wha–Murph, kills us? Hey, dude, speak for yourself."
And so, off they go.
Posted on September 29, 2010, in Babylon Rising, Books. Bookmark the permalink. 6 Comments.
Oh, wow, Isis really can lead him to do anything she wants, can't she?
"Hey, Murphy, do you think we should get that brass ring out of the piranha pond? It might be a clue to the Bible Code."
"Hey, Murphy, your wife died on a day ending with 'y', right? Just like today! Better go fetch that notebook out of the crocodile. Well, one of the crocodiles."
Which makes me wonder again why Talon did that cross-thing. Is it a habit that Talon has? Is it something that the Seven (They'll Stop At Nothing!) have told Talon to do?
Well, I will grant this much: Talon is not an enemy that you can just pray away, Murphy. At some point he's going to have to get into a knock-down-drag-out with the bird-chucking assassin. Except Methuselah will probably save Murphy's bacon. Again. Or Isis will. Again.
Go Team Isis!
On the punching of walls:
It really depends a lot on what the walls are made of. I mean, if it's cheap drywall and you don't hit a stud, it's pretty easy to put your fist through the wall, and all you get are some superficial scrapes. If you're lucky enough to hit a stud dead on with your fist, well, then you're hitting a wooden beam, which is a lot more likely to lead to bruising with a chance of breaking something in your fingers/wrist/forearm. If you're unlucky enough to hit a stud off-center, you'll likely break a few fingers, or sprain or even break your wrist.
If you're punching wood or metal, if it's thin enough to have some give, (like a door) you'll probably just hurt your fist. But if it's thick enough not to give at all, and you hit it dead on, 'as hard as you can', you can actually fracture the bones in your forearm. (in addition to the ones in your fingers and wrist)
You really only bloody your knuckles if you're hitting a really uneven surface (like stucco) or if you're dragging your fist across or through something, or if you're hitting something repeatedly.
So if they're in a cheap, seedy hotel room, he might punch through the cheap drywall or wind up spraining his wrist against the cinder-blocks. Or if they're in the lobby after taking the phone call, he might have bloodied his knuckes against the stucco. But something tells me we don't really get enough description to even make a guess.
I'm confused here. The Seven want Murphy to find all three pieces of the Serpent, right? Wouldn't it be simplest for them to just keep Talon on standby and wait for Murphy to finish collecting the Plot Vouchers on his own? It's not like they need to worry about him reassembling the thing yet, what with the tail still back in the States and all.
Okay, I realize the ostensible motivations are something along the lines of "They stole the tail because they needed to be sure they had it under their control and they bragged about Laura's death as a sick dare to get Murphy motivated." That just seems like an unnecessary risk. Making any move against the Serpent at this time reveals that somebody else wants the Serpent.
Murphy's logical next step (assuming, of course, that he really does believe the Serpent is magic and only he should possess it, since the sane thing to do would be to just call off the hunt and contact the authorities) would be to secure the piece he has right now, then try to trace the murders so he at least knows who's trying to kill him.
Obviously, the broken cross was supposed to make Murphy act irrationally, but even that's risky since they'd have no real way of predicting his behavior. What if he had instead thought that the villains were targeting his personal associates, and returned home to keep, say, Shari or his fellow church attendees protected? Or what if he'd gone back into a depression and abandoned his treasure hunt? Do the Seven really know Murphy well enough that they can, in full confidence, predict how he will react to an old grief?
(Obviously, we could have predicted his behavior. Murphy isn't selfless enough to to stop chasing shiny things and protect the people he supposedly cares about.)
Going by what we've seen of The Seven, I don't think they're competent enough to predict Murphy's behaviour even when he isn't being irr… I mean, when he's being less irrational than he is at the moment.
C'mon, guys, ancient mystical conspiracies are supposed to be at least a bit glamorous.
"Isis, this is beyond archaeology, or even faith and validating the Bible now. It's personal. We're going to find the head of that Serpent if it kills us."
So in other words, this mission is no longer for the glory of God, but for the glory of Michael.
…Not that this whole adventure hasn't always been for the greater glory of Michael Murphy. 😛


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Some unfortunate news. Scour is switching from their current points system (for Visa giftcards) to sweepstakes entries. They're calling it an "upgrade" but I think it's pretty safe to say that it's the exact opposite. All points will have to be cashed out by the end of the month, or else they'll be worthless. This part is especially upsetting since so many people, myself included, will not be able to earn enough points to cash out by then.
I'm still hoping that there's a slight chance that they will change their minds due to all of the negative comments posted on Scour's official blog. Nobody is happy about this. I would think that many people would just stop using Scour all together if this change is made. There really wouldn't be much to make it stand out anymore. I think it would be a really dumb move.
What do you guys think?
Spotlight On: PandaProfits
2 years ago


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Before we left for B'ham, Kyndal's orthodontist said she needed to have 4 teeth pulled, so I had to take her to an oral surgeon. I didn't want to have it done before we left so we made an appointment for the week we returned. They told me to give her some medicine that would make her loopy before we left home. This made me so nervous. Craig was back in B'ham for his dad's funeral, so I was on my own. They were not going to let me be in the room with her and this made us both nervous. However, once I gave her the medicine, she was out of it. She said, "if this is suppose to make me not nervous, it works". I was happy to hear that, although she had small tears in her eyes when they sent me out. It only took them 20 minutes and they said more than once that she was an excellent patient, better than most adults. She is really such a trooper. Now she has her new retainer and is good to go:)
A funny: The day before we went, she said, "I'm gonna ask for my teeth so the tooth fairy will come". We don't actually play the tooth fairy game, but we do give them money when they lose teeth. We usually give them $5 a tooth. lol. So I had not even given that a thought until she said that. So the "tooth fairy" really went broke for this adventure:):):) haha
On our way to the oral surgeon's office!!!
Tuesday, July 28, 2015
4 Teeth
Posted by Allison at 7:30 AM
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