text:
Previously made private, now public, conversation with Steven, on philosophy:
3:44:53 PM Brigitte: OMG
3:44:57 PM Brigitte: I lovelovelove Mill
3:45:05 PM Vans Tenth Hero: who is this?!
3:45:11 PM Brigitte: I agree with everything Mill said/wrote in his essays
3:45:17 PM Brigitte: The Utilitarian.
3:45:22 PM Brigitte: The philosopher
3:45:23 PM Brigitte: MILL.
3:45:29 PM Vans Tenth Hero: oh
3:45:31 PM Vans Tenth Hero: John Stuart
3:45:33 PM Brigitte: YES
3:45:34 PM Vans Tenth Hero: I don't know him.
3:45:36 PM Brigitte: lmao
3:45:42 PM Brigitte: You know OF him
3:45:45 PM Brigitte: And that is enough.
3:45:48 PM Vans Tenth Hero: No, I've never heard of him
3:45:51 PM Brigitte: …
3:45:57 PM Vans Tenth Hero: I don't even know what Utilitarianism is…
3:45:58 PM Brigitte: then how'd you know his full name ey?
3:46:00 PM Brigitte: ………
3:46:01 PM Brigitte: O_O
3:46:03 PM Vans Tenth Hero: wikipedia.
3:46:06 PM Brigitte: R U SRS?
3:46:09 PM Brigitte: omg
3:46:10 PM Brigitte: omg
3:46:10 PM Vans Tenth Hero: yes…
3:46:10 PM Brigitte: omg
3:46:11 PM Brigitte: omg
3:46:11 PM Brigitte: omg
3:46:23 PM Vans Tenth Hero: All I know of philosophy is Randism and Stoicism
3:46:30 PM Vans Tenth Hero: I forsake the former and embrace the latter
3:46:34 PM Vans Tenth Hero: eh, it's enough
3:47:06 PM Brigitte: lol
3:47:09 PM Brigitte: wtf
3:47:12 PM Brigitte: O_O
3:47:16 PM Brigitte: That is most unexpected
3:47:25 PM Vans Tenth Hero: well no use in torturing you
3:47:28 PM Brigitte: That you don't know about utilitarianism
3:47:28 PM Vans Tenth Hero: go ahead and tell me about it then
3:48:10 PM Brigitte: Nonono
3:48:13 PM Brigitte: Too much
3:48:18 PM Brigitte: I could go in-depth
3:48:24 PM Brigitte: And that's too much to type
3:48:27 PM Vans Tenth Hero: well
3:48:31 PM Vans Tenth Hero: just give me the very least then
3:48:44 PM Brigitte: Read Mill's On Liberty.
3:48:47 PM Brigitte: It's not that long
3:48:50 PM Vans Tenth Hero: No.
3:48:56 PM Vans Tenth Hero: I honestly just want to know the very least about it
3:48:59 PM Vans Tenth Hero: which you can tell me.
3:49:09 PM Brigitte: http://en.wikipedia.org/wiki/On_Liberty
3:49:18 PM Brigitte: How about later tonight we discuss it?
3:49:28 PM Vans Tenth Hero: well, wikipedia is one thing
3:49:30 PM Brigitte: I love how Mill has elitist strains in his work.
3:49:31 PM Brigitte: XD
3:49:38 PM Vans Tenth Hero: what you're saying doesn't make sense to me
3:49:49 PM Vans Tenth Hero: you honestly do not think you can write just one sentence about it?
3:49:52 PM Vans Tenth Hero: in the vein of
3:50:01 PM Brigitte: okay fine
3:50:05 PM Brigitte: lemme think
3:50:08 PM Vans Tenth Hero: 'Democracy is a thought process that says government by the people for the people and of the people is the greatest.'
3:50:25 PM Vans Tenth Hero: 'but really it's not ALL people, just the naturalized ones'
3:51:35 PM Brigitte: Alright, one thing Mill says is: If someone has a tolerable amount of common sense and experience his/her own laying out life is the best not because it is the best absolutely but b/c it is that person's own.
3:51:49 PM Brigitte: Even if the person should make mistakes, or hurt themselves in the process
3:51:55 PM Brigitte: Autonomy, you know.
3:52:01 PM Vans Tenth Hero: Well, that's just common sense.
3:52:15 PM Brigitte: People should experiment with their lives to find out which way is the best way of living a good life.
3:52:33 PM Vans Tenth Hero: Oh, I guess it isn't common sense for everybody.
3:52:37 PM Brigitte: Yes, well start BELIEVING IT because you've tried to stop me from doing stuffz
3:52:43 PM Vans Tenth Hero: Forgive me, I'd forgotten you hadn't seen Naruto.
3:52:47 PM Brigitte: lmao
3:52:48 PM Brigitte: >_>
3:53:05 PM Vans Tenth Hero: if you'd seen Naruto, you'd also understand why I try and stop you from doing things too.
3:53:14 PM Brigitte: My way of thinking has always been people can do whatever they want. Mill just explains that, in better words, of course.
3:53:28 PM Vans Tenth Hero: Alas, it's only tangentally explored in Edward Goldrim's Theorem of Anime Morality and Defiance.
3:53:31 PM Brigitte: lol
3:53:47 PM Vans Tenth Hero: essentially, it boils down to:
3:53:59 PM Vans Tenth Hero: the fewer people agree with you, the more reason you have of doing something
3:54:47 PM Brigitte: If you think about the harm principle then you'd see that maybe you can only interfere with people harming others, but you should not stop people if they harm themselves (say as in, making mistakes)
3:55:14 PM Brigitte: because it is my liberty to do as I see fit.
3:55:30 PM Brigitte: But that's also me saying I am a more developed person than you if I should ignore your advice
3:55:47 PM Vans Tenth Hero: harm is a funny word to use
3:56:12 PM Vans Tenth Hero: since it has the connitation of physical harm
3:56:14 PM Brigitte: It's called the harm principle. and I stated what it is and what it implies.
3:56:17 PM Vans Tenth Hero: isn't that odd.
3:56:29 PM Brigitte: well… harm can also have to do with speech.
3:56:32 PM Vans Tenth Hero: anyway, I don't believe there's such a thing as a more developed person.
3:56:49 PM Brigitte: Harm insofar as it's… an action which affects someone else.
3:57:08 PM Brigitte: Well, I happen to agree with Mill, and I am kind of elitist. ):
3:57:29 PM Vans Tenth Hero: Mm, well…
3:57:35 PM Vans Tenth Hero: I believe most of all in the human capacity for change.
3:57:46 PM Vans Tenth Hero: if you wish to call that development, fine.
3:58:29 PM Brigitte: a thought is coming to mind but I don't know where I heard it from….
3:59:01 PM Vans Tenth Hero: Hmm, of what nature?
3:59:08 PM Brigitte: On progress and change.
3:59:41 PM Brigitte: Something like people are so opposed to change but that's what brings about like progress…..
3:59:45 PM Brigitte: rawr. dunno where I read that
3:59:47 PM Brigitte: it's a quote.
3:59:50 PM Vans Tenth Hero: hmm
4:00:16 PM Vans Tenth Hero: well of course, it's too much to expect a good attitude from everyone
4:00:33 PM Vans Tenth Hero: and yet every time I see someone act the way I expect, I feel sad.
4:01:29 PM Brigitte: conformism.
4:01:37 PM Brigitte: That's a strange way to think, but understandable.
4:01:42 PM Brigitte: I guess this is similar: "Human beings, who are almost unique in having the ability to learn from the experience of others, are also remarkable for their apparent disinclination to do so."
4:02:04 PM Vans Tenth Hero: people…
4:02:08 PM Vans Tenth Hero: I don't know if this is a universal thing
4:02:12 PM Vans Tenth Hero: or simply a product of the times
4:02:17 PM Vans Tenth Hero: but they are too selfish
4:02:23 PM Vans Tenth Hero: too in love with themselves
4:02:34 PM Brigitte: You can say everyone is selfish for almost anything
4:02:40 PM Vans Tenth Hero: but, it's even more than that
4:02:50 PM Vans Tenth Hero: it's that… so many people… just completely missed the point of life.
4:03:11 PM Brigitte: lol… "You live and learn. At any rate, you live."
4:03:13 PM Vans Tenth Hero: I'm no better, I love my opinion just as much as other people love their own.
4:04:01 PM Vans Tenth Hero: but… I feel as though maybe… I respect other's more, as though I can slowly chip away a lifetime of selfish cynicism and replace it with a view drowning in beauty
4:04:23 PM Vans Tenth Hero: we love the stars not because they are all of one color, but because each shines with a unique light.
4:04:28 PM Vans Tenth Hero: I don't care what color you shine…
4:04:30 PM Vans Tenth Hero: but you must shine.
4:04:37 PM Vans Tenth Hero: I hope I can live by that.
4:05:37 PM Brigitte: That's very difficult ….
4:05:54 PM Brigitte: But I think I already think that way.
4:05:58 PM Brigitte: Maybe.
4:06:17 PM Vans Tenth Hero: it sometimes seems like it's very hard to live
4:06:27 PM Vans Tenth Hero: as though there's a thousand lessons learned you shouldn't forget
4:06:43 PM Vans Tenth Hero: but it's easy, maybe, if you simply embrace the euphoria of an idea, rather than the specifics of countless lessons
4:06:55 PM Vans Tenth Hero: it isn't about adjusting your behavior for a specific situation
4:06:58 PM Brigitte: You're changing subjects much too quickly, dearest.
4:07:11 PM Vans Tenth Hero: more about not having to adjust your behavior so that your reaction to each situation is the correct one
4:07:19 PM Vans Tenth Hero: it's all related, I think.
4:07:20 PM Vans Tenth Hero: maybe.
4:07:40 PM Brigitte: "Philosophical" conversations always go in all directions.
4:07:45 PM Brigitte: It's about connecting the ideas at the en
4:07:46 PM Brigitte: +d
4:07:54 PM Vans Tenth Hero: I never learned how
4:08:10 PM Vans Tenth Hero: see, to me, I watch people and think: I can do that, I can be that person.
4:08:28 PM Vans Tenth Hero: even though there's a natural tendency for me to think: 'just be yourself, that's what's most important.'
4:09:00 PM Vans Tenth Hero: but I think maybe it's impossible to be yourself, or if it isn't who I am isn't that great
4:09:01 PM Brigitte: I think you're torn between wanting to better yourself, though it might SEEM like conformism, and also trying to be an individual
4:09:35 PM Brigitte: I think it is individualism if you're trying to experiment and learn to live life the best way
4:09:52 PM Vans Tenth Hero: well
4:10:02 PM Vans Tenth Hero: one shouldn't commit to an idea unless they're fully prepared to become the idea.
4:10:07 PM Vans Tenth Hero: just two days ago
4:10:14 PM Vans Tenth Hero: I saw someone on television and thought:
4:10:21 PM Brigitte: wait wait
4:10:22 PM Brigitte: wait
4:10:22 PM Brigitte: wait
4:10:24 PM Brigitte: STOP
4:10:27 PM Brigitte: omg you're changing the subject
4:10:30 PM Brigitte: I'm not done
4:10:32 PM Vans Tenth Hero: No, I'm not!
4:10:34 PM Vans Tenth Hero: This is the same conversation
4:10:39 PM Brigitte: Okay well lemme say something
4:10:39 PM Brigitte: omg
4:10:49 PM Brigitte: i'm talking to you, elizabeth, and nefi irl
4:10:51 PM Brigitte: so geez
4:10:56 PM Brigitte: can't type as fast as yo
4:10:57 PM Brigitte: +u
4:10:58 PM Brigitte: okay
4:11:02 PM Vans Tenth Hero: humph.
4:11:03 PM Vans Tenth Hero: How rude..
4:11:24 PM Brigitte: well… what you were saying… You don't want to ignore what has already been learned by others that have experimented and learned to life life "better"
4:11:36 PM Brigitte: But you still have to interpret the evidence yourself
4:11:42 PM Brigitte: So it's okay to want to "be like other people"
4:11:45 PM Brigitte: to better yourself
4:11:50 PM Brigitte: you are still an individual
4:12:01 PM Brigitte: *live life
4:12:17 PM Vans Tenth Hero: I always find myself playing the role of the clown
4:12:30 PM Vans Tenth Hero: am I simply tired of it, or do I want a life with more meaning?
4:12:44 PM Vans Tenth Hero: for someone who loves fiction as much as me, you'd think I could be content with fiction.
4:12:52 PM Brigitte: Even people with meaning and purpose need humor
4:12:59 PM Brigitte: Fiction isn't real though….
4:13:06 PM Vans Tenth Hero: but it's as though I cannot stand a wasted effort
4:13:12 PM Vans Tenth Hero: as though some use must come from the fiction too
4:13:23 PM Vans Tenth Hero: incorporating the parts of others I want to see in myself
4:13:26 PM Brigitte: You can learn from fiction.
4:13:51 PM Brigitte: It's an experiment in itself without real-life repercussions.
4:14:10 PM Vans Tenth Hero: 'be the trouble you want to see in the world.'
4:14:14 PM Vans Tenth Hero: in other words
4:14:22 PM Vans Tenth Hero: hmm, I don't know.
4:14:42 PM Brigitte: Well, what do you mean by trouble?
4:14:52 PM Vans Tenth Hero: I just didn't like the old quote
4:14:55 PM Vans Tenth Hero: the original
4:14:56 PM Vans Tenth Hero: it's modified
4:16:03 PM Vans Tenth Hero: ah dammit
4:16:08 PM Vans Tenth Hero: I just realized by having this conversation I broke a promise to one of my important people
4:16:14 PM Brigitte: Uh… wha?
4:16:20 PM Brigitte: How is that possible?
4:16:23 PM Vans Tenth Hero: could we perhaps change the subject?
4:16:28 PM Brigitte: What kind of promise could you have broken?
4:16:36 PM Vans Tenth Hero: let me try and find it!
4:16:37 PM Brigitte: Which subject are you referring to
4:16:39 PM Brigitte: ??
4:16:43 PM Brigitte: We touched on a few
4:16:47 PM Vans Tenth Hero: all of them
4:16:56 PM Brigitte: … oh wow.
4:17:34 PM Vans Tenth Hero: I made a promise
4:17:37 PM Vans Tenth Hero: and then forgot
4:17:43 PM Vans Tenth Hero: haha that's pretty embarrassing if you think about it
4:17:53 PM Brigitte: But what's this promise?
4:18:15 PM Brigitte: And how can we, by having a conversation, have broken it?
4:18:17 PM Vans Tenth Hero: hmm it was something along the lines
4:18:32 PM Vans Tenth Hero: of trying to seem more badass but not discussing my problems with anyone with a vagina.
4:18:36 PM Vans Tenth Hero: that may have been the exact wording.
4:18:50 PM Brigitte: How are we discussing your problems?
4:18:52 PM Brigitte: And!
4:18:55 PM Brigitte: I think it seems more GAY
4:19:01 PM Brigitte: to describe your shit to a GUY
4:19:07 PM Vans Tenth Hero: only the one, at that
4:19:19 PM Vans Tenth Hero: eh, I should never have troubled you with my inner thoughts.
4:19:21 PM Brigitte: In any case, I see myself as any guy's best friend.
4:19:23 PM Vans Tenth Hero: please forgive me <3
4:19:28 PM Vans Tenth Hero: *peace sign*
4:19:29 PM Brigitte: You can't be fucking serious.
4:19:34 PM Vans Tenth Hero: am I ever?
4:19:36 PM Brigitte: I saw you as more MANLY
4:19:41 PM Brigitte: for being able to THINK
4:19:45 PM Brigitte: and philosophize
4:19:53 PM Vans Tenth Hero: there's no problems with that, of course
4:19:53 PM Brigitte: I didn't see this as you discussing your PROBS with me
4:20:06 PM Vans Tenth Hero: the problem comes when it turns into my complaining about my inability to form an identity
4:20:16 PM Vans Tenth Hero: since it's a problem I've had for the last few years
4:20:19 PM Vans Tenth Hero: and unlikely to go away…
4:20:31 PM Brigitte: Uhm, sorry to say, I think a lot of people have this problem.
4:20:45 PM Brigitte: The smarter ones are the ones that realize it and attempt to want to fix it
4:20:55 PM Vans Tenth Hero: heh
4:21:09 PM Vans Tenth Hero: sometimes I think it's the people who simple ignore the problem that have it best off
4:21:21 PM Brigitte: Ignorance is stupid.
4:21:23 PM Vans Tenth Hero: like certain physical aliments, it goes away as long as you don't touch it.
4:21:34 PM Brigitte: I'd rather be a bit more miserable thinking about it than live obliviously.
4:21:44 PM Brigitte: I don't think that's the case.
4:21:56 PM Vans Tenth Hero: the truth is I do have an identity
4:21:58 PM Brigitte: You can't compare a physical illness to … thoughts
4:22:02 PM Brigitte: Of course you do.
4:22:05 PM Vans Tenth Hero: but when I turn off my mind and see the way I act
4:22:06 PM Brigitte: But it's ever-evolving
4:22:12 PM Vans Tenth Hero: I'm not pleased
4:22:16 PM Vans Tenth Hero: it's not the kind of person I am inside
4:22:22 PM Brigitte: You mean to say
4:22:27 PM Brigitte: It's not who you are in THEORY
4:22:30 PM Brigitte: not inside
4:22:37 PM Vans Tenth Hero: I mean to say
4:22:38 PM Vans Tenth Hero: 'inside'
4:22:46 PM Brigitte: By theory I mean who you want to be
4:22:55 PM Brigitte: But who you want to be can sometimes prove to be a difficult task
4:23:01 PM Vans Tenth Hero: by 'inside' I mean who I really am
4:23:07 PM Brigitte: especially if you believe in self-perfection
4:23:15 PM Vans Tenth Hero: but of course, that person is impossible to portray
4:23:37 PM Vans Tenth Hero: my depth… my amazing mind… who can feel these things just from meeting me?
4:23:58 PM Vans Tenth Hero: that's why I need a han-bang ultra awesome personality to try and portray my inner thoughts best
4:24:10 PM Vans Tenth Hero: Hmm, I'm still breaking that promise, how troublesome.
4:24:51 PM Brigitte: I think that comes with time.
4:24:59 PM Brigitte: No one can just KNOW you are great
4:25:09 PM Brigitte: unless everyone thinks like me:
4:25:16 PM Brigitte: everyone is amazing until proven wrong
4:25:27 PM Vans Tenth Hero: I would rather people initially dislike me
4:25:39 PM Brigitte: and be proven wrong that way?
4:25:44 PM Brigitte: yeah… seems a better way to live
4:25:49 PM Brigitte: be surprised and pleased
4:25:50 PM Vans Tenth Hero: hah, there's no point in trying unless you have a long way to go!
4:25:53 PM Brigitte: instead of disappointed
4:25:53 PM Vans Tenth Hero: isn't that true.
4:26:14 PM Vans Tenth Hero: anyway, anyway
4:26:15 PM Vans Tenth Hero: moving onward
4:26:24 PM Brigitte: more like I have a meeting in 4 minutes
4:26:27 PM Brigitte: so!
4:26:30 PM Vans Tenth Hero: alas
4:26:39 PM Vans Tenth Hero: to end this conversation on such a terrible not
4:26:40 PM Vans Tenth Hero: +e
4:27:11 PM Brigitte: lol
4:27:15 PM Brigitte: it's not terrible
4:27:26 PM Vans Tenth Hero: tsk tsk
4:27:29 PM Vans Tenth Hero: one day you will get used to me
4:27:34 PM Vans Tenth Hero: it doesn't normally take people this long.
4:27:40 PM Vans Tenth Hero: mendokusai
4:28:18 PM Brigitte: used to you?
4:28:22 PM Brigitte: i adore you
4:28:29 PM Brigitte: but i gtg


text:
Another Bag!
Yes, there was more of the wacky Japanese/Anime/Tokidoki style fabric!
Daughter liked the more cutesy one with pink; son likes black, white, and red, natch; but I couldn't pass up red-heads with peace signs and punky checkerboards.
I had no idea what I was going to make with it since neither kid would lay claim to the fabric, and I couldn't handle a whole blouse made of it. But then my new focus mitts for kickboxing arrived and the fabric grocery bag I had been toting all my gear in was now too small.
So, last Tuesday morning, I whipped up this extra long tote, big enough for my gloves, paddles, and mitts, plus a pocket at each end for hand wraps and my water bottle. I lined the bag for extra stability too. Best part is, it used up nearly all the fabric, so with the total of four and a half yards of crazy fabrics, I only have about a yard and a half of my son's left, minus the lining fabric and coordinating bits for the kids' bags — which means my stash remains pretty much stable!

subset: commoncrawl


text:
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text:
Contouring can be described as a game of illusions. You get to play with dark and light colors so as to enhance parts of the face which will naturally show up. The main objective of contouring is creating great texture. This is accomplished by applying two easy tricks; gloomy colors bring back and intensify, while light colors improve and make larger. Technically you can create a countered appearance with diverse color foundations. However, it will bring the same results when compared to bronzers and blushes.
What you require
- Thick powder brush
- To highlight get a foundation a shade lighter than your skin complexion
- Foundation to contour should be a shade or two darker than your skin complexion
- Angled brush
Where to apply
The concept is to contour parts that may have shadows on them and highlight those that would usually protrude. Such areas include; cheekbones, temple, brown bone, the bridge of the nose and around your jaw line. Ensure that you have the right tools. It is essential to use the right brush to apply makeup. Select the best face make up for your skin to create great difference to your look.
Ensure that your face is cleansed and moisturized well before you start applying best face makeup. Select a moisturizer designed for your skin type and preferably one that contains SPF. Rub the moisturizer gently and give it around 5 minutes to allow absorption.
Start applying the light foundation using a flat brush.
Apply beneath your eyes, cheekbones as well as the hairline. Ensure that you also apply in the center of your forehead, down the middle of your nose, under your eyebrows on the brown bone, all along your jaw line as well as your collar bone.
Next take your darker foundation and apply using a flat brush.
Apply beneath your cheekbones, both sides of your nose as well as the tip. This makes your nose tip appear smaller. Apply beneath your jaw line at the top of your neck to create a more define jaw line. Apply the darker foundation around your hairline, forehead top and in the crease of your eyelids to define your eyes more. Remember to apply over and underneath your collar bone. At this level you may appear like a clown, however that's okay. In fact that implies you did it perfectly.
The next step is blending.
Use your foundation brush in a circular motion to blend everything well. Apply powder to set all the work you have done. Ensure you use a good quality powder brush. Apply a good quantity below eyes and cheekbones to provide your cheekbones with that extra pop. Note that the powder applied below the eyes should be lighter, this brightens up your face and give your eyes that pop appearance.
Finish the contour process by applying a slight shimmer or bronzer around the cheekbones as well as a touch of blush over the apples of the cheek. This makeup trick appears really wonderful in pictures and ideal for day as well as night. You can attempt it for you next special event. Just ensure you blend well!


text:
Name: Natasa Stankovic
Occupation: Model/ Dancer
Reality Shows: Bigg Boss 8
About: Natasa Stankovic is a model from Serbia who participated in the Miss Serbia contest in the year 2010 at the age of 19. She came to India in the year 2012 and appeared in the several music videos and commercial ads but was mostly unnoticed.
Her break through happened in the year 2013 when she performed for an item song for the movie Satyagraha. Her major break through came in the form of India's most controversial and popular reality show Bigg Boss in the year 2014 and she became the one of the hottest house mate of the season.
She is often misunderstood as the director, writer and producer who has the same name of her and was born in 1977 and who is also from Serbia.
In Bigg Boss Show:
In the first week of the reality show, she was chosen as the most beautiful female contestant by her fellow contestant Upen Patel. Natasa gets most number of nominations for the first week eviction as she was not tolerable to the spicy foods, but she survived in the eviction process.


text: This is the latest release of the band, which was released earlier this year. Mad Maze is a band that comes from Italy, a country with a strong tradition in music of all genres, and this band here could be no exception. The story of the band started about a decade ago, under a different name, but with the same passion for Thrash music, a passion that is still active and visible in their work. A name change occurred some years later, and an EP release followed, that led to a contract and a full length release, that would make their sound available to broader audiences. The first thing that the listener will notice is that the band is talented enough, and are all skilled musicians, so their music is much more complex than just Thrash. Each song has various style and tempo changes, but always has the same short and sharp riffs Thrash music is famous of, enough melodies and a rhythm that makes it catchy enough. The rhythm section is as solid and tight as should be, and the vocals is a combination of early and modern Thrash, with the addition of some growling. This gives to the whole album a familiar feeling to both old-school or modern Thrash fans, which most of the times is good. Solos are plenty and very melodic, sometimes very close to shredding, which is particularly enjoyable. For a debut album, the majority of the songs are very good, a blend between early and modern Thrash music, with interesting ideas, enough aggression and energy, and rather few things that spoil the fun. The production is clear and powerful enough, and gives the finishing touches to the album. Forget for a moment that this is a debut release and just enjoy the music.


text:
[c213] Raptis, G. E., Fidas, C. A., & Avouris, N. M. (2016, November). Using Eye Tracking to Identify Cognitive Differences: A Brief Literature Review. In Proceedings of the 20th Pan-Hellenic Conference on Informatics (PCI '16). Article 21 , 6 pages. ACM
Being the windows to the soul, eyes reveal information about individuals' feelings, emotions and behaviour, affecting various cognitive tasks, such as focus of attention, spatial cognition and navigation, cognitive load, etc. With the increased use of computer systems, complex information is visualized and communicated through visual interfaces as a mean of information presentation to and processing by the users. However, people differ regarding the way they seek, retrieve, process, comprehend, organize and recall information, based on their individual perceptual characteristics, cognitive skills, abilities and styles. Therefore, the point and the motion of the eye gaze could reveal behavioural patterns related to individual cognitive differences; patterns that are extracted using eye tracking tools which quantify and provide compelling data regarding eye gaze movement. In this paper we review the current literature regarding the effect between the FD-I cognitive style of users in visual exploration and search activities and to correlate these with objective measures gathered through eye-tracking.
Computer-supported collaborative learning has been an active area of research since the beginning for the HCI group more>>
Mobile Technology Unit of the HCI Group has been studying design and evaluation of mobile applicationss more>>


text:
511 is America's free, easy to remember telephone number providing travel alerts, traffic information and road conditions to motorists.
The suite of 511 products available for sponsorship include:
*Not available in all states
*** Virginia Department of Transportation 511 Research, October 2011
Global-5 Communications' marketing efforts for FDOT's 511 Traveler Information System have been awarded a 2013 PRSA Silver Anvil, the industry's highest award. Click here to read more.
511 was established on July 21, 2000 when the Federal Communications Commission (FCC) designated 511 as the single travel information telephone number to be made available to states & local jurisdictions across the country


text:
Monday, April 20, 2009
Please say prayers
My friend sarah is 6.5 months pregnant and her water broke abt an hour or so ago. Shes having major contractions and in a lot of pain. They gave her a shot to stop the contractions,they are transferring her to LR to deliver the baby. Shes had a c-section before so I assume they will go ahead and do that with this one. Please just lift her and the baby up in your prayers. Thanks
Posted by Cassie Burke at 8:36 PM
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"Overall, Gartner's preliminary results show that the PC market declined to 288.7 million units, an 8% drop from 2014. The fourth quarter was no better, with an 8.3% drop in worldwide units sold compared to the year-ago period. Out of the six named vendors, only Apple stymied the decline by registering an increase," Carnette writes. "Apple shipped 5.67 million units in the last three months of 2015, or Apple's fiscal first quarter. That amounted to a 3% increase over last year's 5.5 million units."
Carnette writes, "The fact that Apple outperformed the broader PC market in units-shipment growth is a good sign, and a testament to Cupertino's brand cachet."
Read more in the full article here.
MacDailyNews Take: Behold, the indomitable Macintosh!


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After playing with shaders in various shader building tools, today I finally got to the point where I can use them in code, and thus put them into FG (one I port it to raw OpenGL, which is a large task).
What does this mean to you? It means that FG will have spiffy cool graphics that use your graphics card to its potential (considering my graphics card is crap, that means little for me…). None of this 5 seconds to generate a crummy texture. On a decent card, it will make a good texture in less than 1/20th of a second.
I'm pretty delighted with this success and I will be proceeding straight to getting my render to texture code to let me produce textures with shaders. Things are going to get cool!


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Back in the late 80s and early 90s, even though there were artists across the country, the Canadian hip hop recording and video industry was centered on Toronto, and the three giants were Maestro Fresh Wes, Michie Mee, and this episode's guests, The Dream Warriors.
The Dream Warriors included Toronto's King Lou and Capital Q, and for the second album Subliminal Simulations added DJ Luv and also the rapper Spek from Montreal. Their top hits included "Wash Your Face in My Sink" and "Ludi," and along the way members collaborated with Michie Mee, MC Lyte, Maestro, Lillian Allen, Messanjah, Butterfly from Digable Planets, and Gang Starr. They also recorded "Man Smart, Woman Smarter" for the soundtrack to the movie Buffy the Vampire Slayer.
Even though Buffy the movie was far from the pop culture icon that the TV series became, the crossed paths of Buffy and the Dream Warriors makes sense today. The Dream Warriors weren't interested in rapping about many of the fixations of the early 1990s—no degradation of African women; no celebration of the murder of African men.
Instead, the albums contained enigmatic wordplay, references to fan culture including role playing games, Warlock comics, and Star Wars, and Canadian pop references such as their unforgettable hit, using a sample from the theme song to the long-running Canadian game show Definition, a song written by the great composer Quincy Jones. It's called "My Definition of a Boombastic Jazz Style."
While the band released a third album called The Master Plan, that 1996 recording wasn't published in the US. Spek and DJ Luv both left the group in 1997; the 2002 album The Legacy Continues saw distribution in Canada only. But for fans of the Canadian hip hop scene, the band will live forever.
In the fall of 1994 the group was touring Canada to promote their second album, Subliminal Simulations. The group spoke with me by telephone from Toronto and I recorded our conversation at CJSR FM-88 Edmonton for The Terrordome and The United Nation of Hip Hop, my radio shows of the time. We discussed:
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Hip hop at its finest is a poetical, political voice for those whose voices have been silenced; it speaks to the anger, the dignity, and the triumphant joy of the oppressed. If hip hop is the music of the dispossessed, then no one in North America should have a greater claim on it than the First Nations. Combine that revolutionary rage and cultural crucible with artistic passion and power, and you have what was Canada's finest hip hop band—WAR PARTY.
Formed in 1995 under the leadership of Maskwacis Cree artist, lead vocalist, and executive producer Rex Smallboy, and co-vocalists Cynthia Smallboy, and Thane Saddleback, War Party won the Canadian Aboriginal Music Award for Best Rap Album in 2001, and were the first Indigenous crew featured on Canada's Much Music channel. The video for "Feeling Reserved" exploded across Canadian television in 2001 with a powerful set of voices and images that was thankfully bling-bling- and booty-shaking-free. Instead, the video showed everyday people with extraordinary voices and lyrical intelligence, denouncing settler-colonial genocide.
War Party performed with Ice-T, Wu-Tang Clan, Guru, Maestro Fresh Wes and K-OS among many others, and recently Chuck D. recorded an introduction for the new album "The Resistance." The band got global attention by representing Canada at the World Expo in Nagoya, Japan and for performing for the First Americans Festival at the Smithsonian Museum.
Fiercely proud of their Cree heritage specifically and their First Nations heritage generally, the band refused to fall into the trap of not wanting to be known as "Native rappers." Their embrace of their heritage made them universal, in the same way that Miriam Makeba, Public Enemy, or Nusrat Khan are emblems of their people, and emblems of human culture, struggle, and aspiration generally.
While the group has since splintered into factions, one of which is named RezOfficial, their original ground-breaking work lives on. Rex Smallboy continues to make albums and also works as a motivational speaker.
In the summer of 2004, I spoke with band members Rex Smallboy and his then-wife Cynthia at the University of Alberta in Edmonton. You can hear Cynthia Smallboy in the bonus content for today's show. Rex and I discussed:
Note that our conversation includes reference to the Cree Nation's reserve that was once called Hobbema, about 90 minutes south of Edmonton. The reserve finally discarded that German name and is now called Maskwacis.
War Party with Chuck D. – The Resistance
Rex Smallboy – "Children of God"
Ice-T is one of the best-known artists from what is now widely known as the golden era of hip hop—the 1986 to 1992 span that saw the widest assortment of lyrical content and the climax of political and Africentric work.
West coast artist Ice-T brought a mixture of allegedly autobiographical stories and fictional ballads named "crime rhymes," while also engaging in incisive social commentary against racism, media, and government.
In 1992, Ice-T's musical career nearly imploded under attacks from White police, Charlton Heston, Al Gore's wife Tipper, US vice president Dan Quayle, and President George H.W. Bush. Ice-T's heavy metal band Body Count released the revenge fantasy ballad "Cop Killer," about brutal and murderous racist police.
Having survived the onslaught with the support of The National Black Police Association, Ice-T continued to grow his acting career, which had begun with the 1984 US film Breakin', grew through 1991's New Jack City, and later hit its height on television's Law & Order: SVU.
In the year 2000, Ice-T performed in Edmonton at club then called Red's. In this episode you'll hear what he had to say, including:
A few of notes: I have no way of knowing what claims Ice-T made of his past are actually true; creating a fictional onstage persona is almost as much a key element of hip hop as it is of pro-wrestling. At one point Ice-T describes having been a pimp; I don't know if his claims are true, but certainly now as a husband and father, I marvel at my failure sixteen years ago to have asked him about the inherent depravity of such a degrading and misogynistic profession. You are a grown-up, so decide for yourself if you want to listen.
That being said, for those of you who subscribe to the EXTENDED EDITION PODCAST, you'll hear the commentaries on Ice-T's remarks, also recorded in the year 2000, by E-Town community activists Darren Jordan and Kelly Fraser.
Also, when I recorded this interview in the year 2000, I'd never heard of Kid Rock. That's important to know to understand the sarcasm of Ice-T's comment and my confusion at his answer.
Finally, Ice-T let me interview him immediately after his show. There's no question that any artist, or speaker, walking offstage after an intense performance is in a mind-state that isn't suited to honest reflection, but to spectacle and artifice. But note while you're listening how Ice-T slowly calms, becoming quieter and possibly more sincere. He was generous with his time, and for that I thank him.
To hear the half-hour of patrons-only bonus material about my conversation with Ice-T, visit mfgalaxy.org to click on the Patreon link to become a sponsor for a dollar or more per week.
By funding MF GALAXY, you get access to all extended editions of the show, plus video excerpts from selected interviews as they become available. This extended edition includes community activists Darren Jordan and Kelly Fraser from a Terrordome interview in the year 2000 discussing:


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The lack of parking in Cave Creek is a well-known fact. This is especially true when restaurants have a big name musician playing or an anniversary party.
Such an event happened at Harold's Corral a few months ago and complaints were leveled at town hall. Complainants weighed in from Binkley's, Horny Toad and nearby subdivisions in Cave Creek and Carefree.
Town council members received a personal trashing from many and as a result the council asked for and received new tough ordinances. About two hundred people showed up when the ordinance was up for vote and their message to council was, "Don't you dare!"
So council gave Town Manager Usama Abujbarah the task of fixing the problem. Abujbarah hammered out an agreement among the assumed perpetrators, Mark Bradshaw of the Hideaway and Tap Haus, Bill Vale of Harold's Corral and Larry Wendt of the Buffalo Chip Saloon. This group agreed to be the enforcers to protect the victims of parking overflow, Binkley's and Horny Toad.
It did partially work, although several parking lots were not included in the discussion. Jeff Price at the Horny Toad suffers a persistent problem of Hideaway customers poaching on his parking lot.
And not included in the negotiation is T.C. Thorstensen's property across the road from the Hideaway, Town Dump and Plaza de Rico where the Cave Creek Armory gun store, an Acupuncturist and a Laundromat exist. The Laundromat is especially hard hit since it is open from 6 a.m. until 10 p.m. seven days a week and Hideaway customers take over every parking spot on weekends.
Years ago renters convinced Plaza de Rico owner Rico Bonucelli to erect signs to stop parking poaching by the Hideaway. The signs read:
Rico's objection was that no one would read the six signs and he was right. The public sees an open parking spot and they park there.
Because of complaints I received from Laundromat customers I went to the location on Sunday, Feb.26. During a four hour interval I told 87 car owners and 54 motorcycle riders they couldn't park there. There are only 26 spots available so, had I not denied them the parking they sought, there would have been no spaces for Laundromat customers.
This plague continues due to the original approval the town gave to the Hideaway. During the hearing, council recognized there was insufficient parking, even though the applicant said there would only be motorcycle parking. The Hideaway leases their business from the Indian Village and it was the then owner, Ron Krasson, who pleaded for approval.
Krasson won the day by saying, with no proof, he had permission from Jeff Price, the owner of the Horny Toad, to accept overflow parking. That won the approval, which would have been withheld if the truth was known. Soon after the approval Price erected a fence and made it clear he would not allow Hideaway parking. Price is still suffering and needs to have paid employees protect his parking lot for customers.
When a business anticipates overflow parking they are supposed to notify area businesses and provide off-premise parking and transportation to their place of business. Obviously, Hideaway owner Bradshaw is too cheap to do that so he poaches on neighboring properties and lies to the town that he is doing otherwise.
But I have to admit that even with offsite parking provided, people will still seek close parking and if they see an open space they will occupy it. So the Bradshaws of the world are still responsible to police lots like mine, the Horny Toad and Thorstensen's. If he doesn't, the town should revoke his business permit, which was approved based on an untruth.
Negro Creek
I have written before about Depue, the tiny Illinois village where I grew up. Today it is a Superfund site due to the excesses of the New Jersey Zinc Company.
But I fondly remember the outdoor pleasures I had while growing up. My entire childhood and young adulthood was spent hunting, fishing, boating, trapping, and collecting and eating the sumptuous Morel Mushrooms, during their short spring season.
So there was little land I didn't trample, explore or pick its pleasures. To me I lived in Paradise.
Not today.
Illinois has changed greatly, especially clamping down on second amendment rights. I wouldn't live there now but the dream lives on.
My sister Jeane who lives in Wisconsin sends me cutouts fom the Bureau County Republican newspaper. I keep abreast of the war the town fathers of Depue fight with EPA bureaucrats, a true David and Goliath battle.
Recently I read about a Libtard named Philip Mol, who left California and descended on little Depue carrying a full bag of disputes about how Midwesterners live their lives. I don't know what is next but right now he has turned his myopic glare on Negro Creek which flows from Cherry, meanders through Seatonville and dumps into Lake Depue.
I hunted the banks of that creek, fished its waters and picked mushrooms and wild asparagus from its banks. Legend has it the creek was named after Negro families who homesteaded along its length.
When I was growing up, there were no Negroes about until I played football and saw one black boy who ran like a deer from a nearby town.
I for one tire of the idea, sponsored by blacks who fancy themselves as leaders and tell us, use colored, no use Negro, no use black no use African American. When will this nonsense stop? Only when we stop being politically correct.
From what I read, Mol is mainly upset because locally it was called Nigger Creek. Oh my, I said a verboten word, one I grew up with and never gave it a second thought.
Mol, if you don't like the water temperature there go back to PC California.


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Securus Technologies is bringing an opportunity to law enforcement officials that wasn't necessarily ever provided to them for their utilization before.
Securus Technologies is a web format communications platform that allows two parties, with one being the inmate and the other being the "visitor" who they would have had visit them during their incarceration, to communicate with one another via means of video chat, as opposed to the visitor traveling to the place where the inmate is incarcerated.
What Securus Technologies brings to the world of communications is mostly beneficial to people who's family or friends may be incarcerated as they are now able to "visit" the inmate from their very own home, as opposed to being required to undergo lengthy processes of setting up appointments with the jail facilities for visitation. Not only does it benefit them, but it is also benefiting law enforcement agencies as it gives them the opportunity of uncovering crimes through what is said between the two parties who utilize the communications program. If something is said that could potentially be considered as being a crime, most specifically something that was said about a crime occurring in the jail that has been relayed over through video conference messaging by the inmate, law enforcement officials may be able to use it to not only possibly uncover a crime, but also to monitor future instances of the very act(s) that were discussed.
The engineered design of this wonderful program is bringing a vast array of people together through clear and state-of-the-art technologies. The world is certainly advancing and this program is one element of the advancements that are occurring.


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FIFA Group E: Netherlands, Japan advance at World Cup
Netherlands scores a 2-1 win over Cameroon, cinching top honors in Group E.
Japan bests Denmark, 3-1, to earn second place from the group.
Netherlands will play Slovakia in the round of 16 on Monday at 10 a.m. Japan will face Paraguay on Tuesday at 10 a.m.
Matt Bonesteel
June 24, 2010; 4:30 PM ET
Categories: 2010 World Cup
Save & Share: Previous: Obama extends kudos, good wishes to U.S. squad
Next: Friday kickaround: World Cup and MLS
To those of you NFL visitors:
Netherlands 14, Cameroon 7
Japan 21, Denmark 7
Posted by: Rand-al-Thor | June 24, 2010 4:36 PM | Report abuse
One more day, but it's time to review Goff's predictions....
Goff picked: Mexico, South Africa.
(I had: Mexico, France).
(We both underestimated Uruguay. I seriously overestimated France.)
Goff picked: Argentina, Nigeria.
(I had: Argentina, South Korea) (Score one for me).
Goff (and I both) picked: England, United States.
Goff picked: Germany, Ghana.
(I picked: Germany and Serbia).
(Score one for Goff)
Goff picked: Netherlands, Denmark.
(I had: Netherlands and Cameroon)
(We both seriously underestimated Japan and I really overrated Cameroon).
Goff (and I both) picked: Italy, Slovakia.
(Missed Paraguay and overrated Italy).
Goff picked: Brazil, Ivory Coast.
(I went with: Brazil, Portugal) (Score another one for me)
Goff (and I both) picked: Spain, Chile.
(Switzerland still has a shot at it, but I think we got this group right.)
All-in-all, I'm glad I didn't wager on these games. Anyone nail it?
Posted by: fischy | June 24, 2010 6:05 PM | Report abuse
To those of you NFL visitors:
Netherlands 14, Cameroon 7
Japan 21, Denmark 7
Posted by: Rand-al-Thor | June 24, 2010 4:36 PM | Report abuse
Sounds like Denmark couldn't stop the run.
Posted by: SportzNut21 | June 24, 2010 6:53 PM | Report abuse
Japanese have clearly figured out how to work that Jabulani.
Maybe Clint should head out to the driving range and hit a bucket of them before Saturday.
Posted by: OWNTF | June 24, 2010 7:26 PM | Report abuse
South Africa or Brazil?
Who would have thought the South Africa WC would become the Americas World Cup. The only team that probably won't qualify for the round of 16 is Honduras and the only team from the Americas that didn't win their group is Mexico (who came in second to Uruguay).
Assuming standings stay the same...
CONMEBOL - All 5 teams advance to round of 16 - 100%
CONCACAF - 2 out of 3 - 66%
UEFA - 6 out of 13 - 46%
AFC - 2 out of 5 - 40%
CAF - 1 out of 6 - 17%
Posted by: Southeasterner | June 24, 2010 7:30 PM | Report abuse
You rolled New Zealand into Asia.
AFC - 2 out of 4 - 50%
OFC - 0 out if 1 - 0%
Posted by: I-270Exit1 | June 24, 2010 8:00 PM | Report abuse
I have to give credit to the Post for publishing all of these articles on the World Cup but it is a bit disheartening to read all the "soccer is boring" and "who cares" posts that seem to take over the comment sections and completely sidetrack any discussion of the actual articles.
It's still a bit bizarre that so many Americans still feel the need to make sure everyone knows how much they dislike a sport.
I couldn't imagine trolling all of the articles on Nascar and writing "who cares" in the comment section for all of them.
Posted by: Southeasterner | June 24, 2010 8:33 PM | Report abuse
I couldn't imagine trolling all of the articles on Nascar and writing "who cares" in the comment section for all of them.
Posted by: Southeasterner |
Yeah, but in all fairness, can NASCAR fans read?
Don't get all argy-bargy about it, you know you all thought the same thing.
Posted by: Gavinmgraham | June 24, 2010 8:59 PM | Report abuse
Someday we'll look back on the "who cares" posts with nostalgia -- a part of the game, like the Dodgers being from Brooklyn.
"Grandpa, tell me the story again about the trolls bashing soccer . . . "
Posted by: fallschurch1 | June 24, 2010 10:13 PM | Report abuse
Great World Cup, print coverage, and TV, but the U.S. fans have taken it to a new level!
The USA:
Most tickets purchased.
Fantastic stadium support.
Exciting, and talented team.
"Grandpa, tell me the story again about the trolls bashing soccer . . . "
Posted by: fallschurch1
"That's about right :)!!" I say with complete smugness.
Posted by: delantero | June 24, 2010 10:27 PM | Report abuse
Bill, we share the same reading!
""It's an idea he got from reading Franklin Foer's book, "How Soccer Explains the World: An Unlikely Theory of Globalization," six years ago. ""
Posted by: delantero | June 24, 2010 11:22 PM | Report abuse
@fischy, I would not count the Ivory Coast out yet. Brazil says they'll beat Portugal, and they might spank 'em, and The Drog might pump ten goals in by himself.
Posted by: glfrazier | June 24, 2010 11:25 PM | Report abuse
Who would have thought the South Africa WC would become the Americas World Cup.
Posted by: Southeasterner | June 24, 2010 7:30 PM
Euro teams never do well at World Cups outside of Europe, so its not that surprising
Posted by: VTUnited | June 25, 2010 12:37 AM | Report abuse
The comments to this entry are closed.


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DISCOVER KyrgyzstanShow news from Kyrgyzstan Ask a question
Kyrgyzstan is a mountainous and not big country situated among mountains and valleys of the North Tien Shan. Reliable sources have permitted local and foreign historians to establish the fact that the state organization of Kyrgyz people counts twenty two centuries. The documents of Sym Tsjan, the well-known Chinese historian and chronicler, are the most ancient historical documents about Kyrgyz state organization. In 2003 Kyrgyzstan marked the 2200 anniversary of its state system and the long history of country is evident to visitors of Kyrgyzstan on the rock paintings near the Issyk-kul Lake and Burana tower.
Bishkek is the capital and the largest city of Kyrgyzstan. The name is thought to derive from a Kyrgyz word for a churn used to make fermented mare's milk (kumis), the Kyrgyz national drink. Bishkek is situated at about 800 metres (2,600 ft) altitude just off the northern fringe of the Kyrgyz Ala-Too range, an extension of the Tian Shan mountain range, which rises up to 4,855 metres (15,928 ft) and provides a spectacular backdrop to the city.


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Another foggy night!
I had to shoot out to the store and I noticed it was a lot foggier than the day before when I had gone out with my camera. So when I got home I grabbed my camera and tripod and was off again. I decided to go down to the walk way that winds around the inner harbor. Robert, Dante and I walked the whole way round on it when he was last here. Its a very nice walk if your not in a rush to get down town. Lots of nice areas to shoot and from many different angles. I stayed there for about an hour then drove down to the parliament buildings. There were lots of photographers out and it was nice to talk to people trying to do the same thing I was trying to do. It was pretty quiet down there as well. I'm used to the day time when its real busy and lots of traffic. I spent a while there then decided to head over to China Town. Its not that far from the parliament buildings but it wasn't foggy at all. I met a couple more photographers and they said they were going to go to Ogden Point and I thought that was a great idea. I told them where I had been so they were going to check out that. Ogden point is a break wall that has a walk way on it that leads to a light house. I was surprised that there were no lights on at the light house. I only walked halfway out and decided to turn back because without any lights on it would be too dark to shoot. Too bad I was working tonight because it was even foggier than last night! Was fun driving in though!
Here are some photos from the pile I took!
These are on the walkway in Esquimalt!
These are at the parliament building and across the street at the inner harbor!
These shots are in China Town!
This is the walk way at Ogden Point!


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John Anthony Wendel
John Anthony Wendel, age 78 of Waverly, formerly of Rose Creek, Minn., died Monday March 8, 2004 at his home.
He was born Dec. 21, 1925, in Rose Creek, to Joseph B. and Theresa (Schauls) Wendel.
John married Barbara Joyce Norton June 5, 1950, at St. Augustine Catholic Church in Austin.
He worked as an inspector for Thermo King.
John was preceded in death by his parents; a brother, William Wendel; and sisters, Catherine "Cel" Allen, Eleanore Winkels, Elizabeth Hackenmiller, and Florence Phillips.
He is survived by his wife, Barbara Wendel of Waverly; children: Sandra Williams and Steven Wendel, both of Waverly; Susan (Doug) Mingo, O'Fallon, Mo.; Catherine Skaret, Minneapolis; Lisa (David) Ghostley and Carol (Roger) Remer, all also of Waverly; nine grandchildren; and two great-grandchildren.
Funeral services were Thursday, March 11, 1:30 p.m. at Mayer Funeral Home, Austin, with the Rev. Ruben Spinler officiating.
Visitation took place one hour before the service.
Casket bearers were Chris Williams, Tony Mingo, Jeff Remer, Roger Remer, David Ghostley, and Ric Olson. Interment was at Grandview Cemetery.
Arrangements were by the Mayer Funeral Home, Austin.
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Sydney Carton and The Seamstress
Sol Eytinge
Wood engraving, approximately 10 cm high by 7.5 cm wide (framed)
Frontispiece for Dickens's A Tale of Two Cities and Great Expectations in the Ticknor & Fields (Boston, 1867) Diamond Edition.
In this full-page dual character study in the compact American publication, a bearded Jacobin, arms crossed as if waiting, regards the couple, who seem oblivious to the context of their meeting, their impending execution at la place de la guillotine. Apparently they are already on the platform, if we may judge by the myriad of anonymous heads in the left-hand register. Perhaps inserted for the sake of irony, the spires of a Gothic church tower rise in the background, the only distinct feature of the urban setting. For Eytinge, a student of human nature, nothing must distract the reader from the focus of the scene, the moment of tenderness in the face of certain death, and so the illustrator has omitted even the instrument of their execution to realize Carton, dressed in the fashion of the young Marquis Ste. Evremonde, Charles Darnay (with whom he has exchanged clothes) and the simply dressed seamstress, her her tumbling down her back.


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Earlier we started a discussion about the "abuse of discretion" scam. In a nutshell, the so-called "standard of review" a court employs in evaluating an insurance company's decision to deny your claim is very often, in and of itself, outcome-determinative. Given that a great many insurance company denials are, shall we say, questionable, if the court uses a de novo analysis you've got a good chance of winning, and thereby securing the very stingy remedies ERISA allows to aggrieved claimants. But if the court uses a deferential analysis, then it becomes much more difficult – it is no exaggeration to say often impossible – to get that denial turned around by a judge.
Who in their right minds would design a judicial system this way?
To answer that we need to consider a Supreme Court case called Firestone Tire & Rubber Co. v. Bruch. If you'd like to look up the case the citation is 489 U.S. 101 (1989). In Firestone the Court considered what the "standard of review" ought to be for claims under ERISA. Right from the get-go the insurance industry won a big victory there, as talking about a "standard of review" instead of, say, a "burden of proof" implies we are looking at the decision of some sort of impartial administrative agency instead of an insurance company alleged to have breached its contract. We'll address that problem in a future post.
Anyway, the Firestone Court observed that ERISA is based to a large extent on trust law, which it undeniably is. That's because when ERISA was enacted its primary focus was on pension plans, not things like health insurance policies, and pension plans do actually, sorta kinda, resemble trusts: the employer sets aside a pile of money to fund retired employees' pension benefits.
And trust law, as we have seen, does indeed treat the decisions of a trustee with deference if the trust instrument confers discretion on the trustee. So the Firestone Court just went ahead and applied the general rule of trust law: if a trustee is not granted discretion in a trust instrument, then a court considers the decision de novo. If the trust instrument does confer discretion on the trustee, then a court has to find an abuse of discretion before it can rule against the trustee.
Now, the Supreme Court apparently thought it was issuing a decision generally favorable to claimants. Firestone argued that, never mind what the terms of the benefit plan in question might say, denials of benefits under ERISA should always be analyzed under an "abuse of discretion" standard (ERISA defendants are nothing if not brazen in making incredibly self-serving arguments). This the Supreme Court rejected, because "adopting Firestone's reading of ERISA would require us to impose a standard of review that would afford less protection to employees and their beneficiaries than they enjoyed before ERISA was enacted," and God knows we don't want to be doing that. So the Supreme Court said the general rule is de novo analysis, and only in those rare circumstances where the plan sponsor decides it wants the insurance company to have discretionary authority will deferential analysis be used.
Well, once Firestone came out it took about five minutes before insurance companies started putting language in their insurance policies by which they granted discretion to themselves – the employer purchasing the policy had no role in creating this language, and in the vast majority of cases didn't even know it was there.
And the courts, regrettably, gave effect to this self-conferred "discretion."
That's the start of how we got to this state of affairs. More soon about the implications.
They aren't pretty.
Proudly published by the Johnston Law Office. ERISA is the federal law governing employee benefits, like your health insurance. If you get your insurance through your employment, and if you think "insurance" is an enforceable contract that the insurer will cover what it says it will, then you don't have insurance at all -- you only think you do.
Proudly published by the Johnston Law Office.
ERISA is the federal law governing employee benefits, like your health insurance. If you get your insurance through your employment, and if you think "insurance" is an enforceable contract that the insurer will cover what it says it will, then you don't have insurance at all -- you only think you do.
Tuesday, September 15, 2009
How We Got Here – the "Abuse of Discretion" Scam, Part II
Posted by Rich at 10:59 AM
Labels: Abuse of Discretion
1 comment:
Life insurance is very important and it is the best way to save money. If you are busy person and have no any time to go insurance company and you can easily get insurance in the internet.ReplyDelete
employee benefits program New York
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Tourism, Accommodation and Historical Attractions in Natal, South Africa
The Natal Battlefields
The Voortrekkers - Dingane and Piet Retief strike a Deal.
Retief and DIngane strike a Deal
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Dingane Dithers as Retief Arrives
Dingane intended to impress Retief and called in many thousands of cattle from outlying areas. On Retief's arrival, he kept him waiting for two days with tribal dancing displays while he deliberated on his response to the inevitable request for land. His indunas Ndlela and Dambuza who wielded great influence were all for killing the party there and then.
He had expected to meet Uys, the commander of the Natal Commissie Trek and was surprised when Retief appeared, whom he called too small to be a commander. He set about accusing the Boers of rustling Zulu livestock near the Drakensberg but Retief replied that it was Sikyonela's Wild Cat people who were known to wear European clothing.
Dingane and Retief Strike a Deal
Dingane then asked that such livestock be recovered by the Boers as a sign of their good intentions whereupon he would cede them the land between the Tugela River in the north and the Umzimvubu River in the South.
Retief agreed to recover the cattle and sent messengers back to the Voortrekkers informing them that the land was theirs. Thus by the 14th November 1837, the first trekker wagons stood at the foot of the Drakensberg. To improve their prospects, the trek wagons of the much-respected Gert Maritz had arrived.
By the time Retief returned from Umgungundlovu, there were one thousand wagons camped in the area around modern day Estcourt. At the very time that Retief was seeing Dingane, Potgieter was finishing his attack on the Matabele at Kapain.
Between Retief's first and second visit, the seeds of inevitable perfidy had been sown. Firstly, Dingane learned of Potgieter's success at Kapain against the Matabele, that Voortrekkers had descended the Drakensberg in large numbers and thirdly, he had received a letter from Retief.
Retief's Letter to Dingane
In this ill advised and uncharacteristic letter, Retief wrote that Mzilikazi's fate was as a result of the providence of God when he had made war when he should not have. In a second letter, Retief had informed Dingane that he intended to retain some of Sikyonela's cattle as well as keep the horses and guns. To make matters worse, he was told the Sikyonela had been released.
Dingane determined to wipe out not only Retief and his party but all the Voortrekkers and contemplated an invitation to all the Voortrekkers including the women and children (but without the horses) to Umgungundlovu. However the sounds of muskets being fired into the air told him that Retief had already arrived.
Retief Arrives at Umgungundlovu
The king kept the party waiting for several days with displays of dancing and mock battles, even asking them to display their abilities as horsemen in the great area in the centre of the kraal.
Eventually however he signed a treaty (drawn up in English) ceding the land. The next day the Boers were to return joyfully to their party under the Drakensberg.
The Boers are Warned
At that time, a young twelve-year-old boy called William Wood, the son of one of the settlers in Port Natal was visiting the royal kraal. He was fluent in Zulu and had overheard the warriors talking about what was going to happen on the morrow. He warned several of the Boers but was brushed aside.
On visiting missionary Owen above the kraal, he told them the same - 'You will see. Tomorrow they will kill the Boers'. On the day Retief and his party were to leave 6th February 1838, several of the party breakfasted with the Owens and were again warned but ignored the warning believing that the king was incapable of treachery.


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Tampa Am 2019 [23/12/2018]
The 26th annual Tampa Am is being held 7-10 November, 2019.
Tampa Am is an annual amature skateboard contest in Tampa, Florida.
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More than 70% of health care dollars in this country are spent on chronic conditions. Two out of three older Americans have multiple chronic conditions, and 95% of health care spending for older adults is attributed to chronic disease. As Baby Boomers live longer than the generations that came before them, research into conditions that are common in old age – like osteoporosis, fractures, falls, dementia, and delirium – is becoming more and more critical.
Hebrew SeniorLife's Institute for Aging Research (IFAR) is a research organization that's embedded in a leading provider of senior health care and communities. What does that mean? What do we mean when we say that aging is the new frontier? And how can we help seniors to stay healthy, active, productive, and independent? Watch this video from IFAR Director Dr. Lewis Lipsitz to find out, then visit IFAR's new website to explore how our research is having an impact on standards of care for seniors.


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Your search for Slime
Word ShooterCategory: Action Games
Tags: Word, Shooter, Slime, Kids, Education, arcade, ages, quick
The objective of the game is to score as many points as possible by alphabetizing sets of words. Each word has a matching color...
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Tags: magic witch slime castle Platform pushbox
It's not easy to find a old castle to live in.When you finally find one,maybe there are some monsters living there already....
SlimowerCategory: Action Games
Tags: english, polish, multilingual, pixel, pixelart, platformer, jumping, shooter, shmup, shooting, double jump, slime
Blow'n'blast the oddly coloured slimes with your might cannon of doom! A survival platformer shooter, which gets substa...
Smash and DashCategory: Adventure Games
Tags: smash and dash, driving game, gunge, shooting, upgrade, racing, challenge, rocket, smash, box2d, physics
The ultimate in driving madness. Race from the treacherous and dense Amazon Jungle to the steaming hot Magma Chambers of doom, ...
Special Agent Bunnet versus Doctor DishwaterCategory: Puzzle Games
Tags: puzzle, observation, pairs, slime, time, timer, clock, bomb, mouse
Special Agent Bunnet answers an urgent call from the Chief of Police - only he has the lack of sense necessary to get up at fou...
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In the far off future, massive radioactive pollution has all but destroyed civilization. The few surviving humans have evolved...
Ghosts Stole My PuppyCategory: Action Games
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Our puppy has been kidnapped by spooky, slimy ghosts! Help our hero to vacuum them up and save the puppy!