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Woman sues Fertitta, Hilton, alleging rape by Galveston hotel guard
Updated 10:39 pm, Tuesday, June 18, 2013
Fertitta Hospitality Inc. and Hilton Worldwide have been named in a lawsuit by a woman who said she was raped by a security guard in 2012 at the Hilton Galveston Island Resort.
In the lawsuit filed in Galveston County District Courts, Diana Buckner said a hotel security guard provided her a room at the hotel on Aug. 26 "where she would be safe" after he witnessed her in an altercation with another person.
The security guard, who is not named in the lawsuit, later returned to the woman's room, where he restrained her and repeatedly sexually assaulted her, according to the petition filed by Houston attorney Stephen P. Carrigan.
The security officer "expressly communicated to Plaintiff that she could stay in one of the Defendant's hotel rooms as a guest where she would be safe," the petition states.
Buckner sustained injuries to her head, lumbar spine, cervical spine, tailbone and other parts of her body in the alleged attack.
The lawsuit alleges that the hotel "failed to exercise care for the safety and security" and to "provide a safe place for their guests."
Buckner is seeking damages of from $100,000 to $200,000 for past and future medical expenses, and for physical pain and mental anguish.
Landry's officials said they regarded the lawsuit as "frivolous."
"It speaks volumes that no criminal charges were ever brought against the hotel's former security guard, who is also noticeably absent from the lawsuit," Lauren Ware, head of litigation for Landry's, Inc., said in an email. "The incident originated from a domestic violence dispute between the plaintiff and her fiancée. The hotel took appropriate action and did nothing wrong. We are confident that we will prevail on the merits of the case."


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LEWISVILLE — Carl Pearson dusts cobwebs off his boat as he prepares to push off into Lewisville Lake for some summer relaxation. At a nearby boat ramp a sign reminds him he'll need to clean off more than cobwebs when he returns to shore: It's illegal to transport zebra mussels from the lake.
The warning sign is part of an awareness campaign wildlife officials are waging to halt the migration of the pesky non-native shellfish that have spread this summer to more North Texas waters after already causing billions of dollars in economic damage in more than two dozen other states. The mussels clog inflow pipes of water suppliers, build colonies inside boat engines and can hurt lakeside businesses by making beach-walking hazardous with their sharp edges.
"It's big-time money," said Bob McMahon, a biologist at the University of Texas at Arlington who developed monitoring and risk assessment programs for the mussel with funding from by the U.S. Fish and Wildlife Service. "It's by far the most costly aquatic freshwater invasive species that's ever been introduced into United States waters."
The prolifically breeding mussels arrived in Texas in 2009 at Lake Texoma, about two decades after they were first spotted in the U.S. and quickly colonized all five Great Lakes. Since then, mussels or their larvae have spread to three other lakes in Texas, most recently Lewisville and Bridgeport lakes.
Because there are no large-scale environmentally safe methods for eradication of zebra mussels, wildlife officials are trying protect other lakes fed by the Trinity River by requiring people to clean, dry and drain their boats after they have been in colonized waters. The mussels — whose larvae are invisible to the naked eye — can expand their range by hitching rides on boats and trailers.
The Texas Parks and Wildlife Department and numerous other entities are also working to educate boaters with an advertising campaign — including press releases, signage and pamphlets available at all marinas. Those caught transporting or possessing the zebra mussel can be charged with a Class C misdemeanor.
The program's success is largely dependent on the public. Because the state lacks the resources to stringently monitor and enforce its regulations, some boaters question whether the mussels' spread can be stopped.
"Mother Nature has been at this for a while, whether it [the zebra mussel] gets delivered by a bird or by a boat," Pearson said as he swept his boat deck at a Lewisville Lake marina. "But what you have to do is stem the tide."
The species is originally from the Balkans, Poland and the former Soviet Union. They made their way to the Americas in the 1980s via a ship's ballast water. They were first found in 1988 in Michigan, and within 10 years had colonized all five Great Lakes and the Mississippi, Tennessee, Hudson, and Ohio river basins. They have infested at least 29 states and more than 600 lakes or reservoirs in the U.S.
In Texas, not all lakes have the proper conditions to allow for a sustaining population. Lakes with low calcium levels, for example, don't support the mollusk.
The recent discovery at Lewisville Lake most likely stemmed from contaminated boats. It was made less than a year after the mussels established a population in Lake Ray Roberts, less than 40 miles north of Lewisville Lake.
Other high-risk bodies of water being monitored for possible mussel populations are the Red River, the Elm Fork of the Trinity River, Lake Lavon and two lakes downstream from Bridgeport — Eagle Mountain and Worth.
The mollusks have already caused problems for some water suppliers in the region dealing with clogged inflow pipes from the thriving mussel population. Last fall crews with the North Texas Municipal Water District, which serves 60 North Texas cities including Frisco and Plano, had to manually clean pipes at Texoma to the tune of $3.7 million, spokeswoman Denise Hickey said.
Businesses that depend on lake visitors could also feel a pinch if the mussels overwhelm nearby beaches and waters with their sharp edges, presenting a danger to swimmers and beach-walkers. Revenue declines could ensue as fewer people bring commerce to the area, but so far few in the Lewisville area appeared overly concerned.
"It's not that big of a deal," said Rafael Daniel, a manager at Sneaky Pete's restaurant. "If you drain your boat and rinse it out, you get zero mussels."


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Brought to you by Axon
Personal chemical munitions: Are they gone with the electronic wind?
By PoliceOne Columnist Major Steve Ijames
Electronic incapacitation is the buzz phrase in "less lethal" force today, and for good reason. The devices work very well and provide law enforcement with an extremely effective tool when facing those who require immediate incapacitation.
With that in mind, some have suggested that OC spray might soon go the way of the dinosaur.
In order to address such issues for the future, one must first examine the past.
Historical Overview:
During the early 1900's, coal field labor violence resulted in the deaths of countless men, woman and even children in out-of-the-way places such as Ludlow, CO, and Matewan, WV. Though well off the beaten path, the machine gun- and dynamite-initiated violence caught the nationwide eye of politicians and citizens alike.
The general consensus was that surely there had to be a better way.
This outcry led to the U.S. military releasing its grip on certain chemical munitions and the 1923 creation of the first company able to provide tear gas for civilian use.
The initial focus was on tear gas grenades, which law enforcement used liberally on crowds such as those encountered during the labor unrest noted above. The technique proved safe and effective, especially when compared to the death and destruction that had previously been so common.
The success in crowd-control situations led police officers to look for ways to use the tear gas technology in more common circumstances. This resulted in the development of pen-gun type tear gas launchers that field officers used to stop violent persons from further-than-contact range.
The devices used .38 caliber blanks and fired CN dust into the suspect's face. This high speed chemical blast stopped many a determined adversary and caused permanent and disfiguring eye injuries as well.
The cure was ultimately found worse than the disease, and by the late 1950's professional police agencies had discontinued their use.
|1930-50 "pen gun" CS launchers, an early 1965 "CN chemical mace" (far left) and more recent OC sprays.
During the early 1960s, violent crime in America was on the rise and, not surprisingly, "law and order" became a key issue in the 1964 presidential campaign. In his first address to Congress in 1965, President Lyndon Johnson called for the establishment of a blue ribbon panel to probe, "fully and deeply into the problems of crime in our nation." In its report, the committee made numerous recommendations-including the development of "non-lethal" police weapons.
This call was the catalyst for a number of innovative technological advancements, including a hand held CN-based chemical spray. The product was designed to be readily available to the officer in the field (belt mounted), and offer a viable alternative to hands-on "baton focused" tactics. Safe and generally effective, the product was used by thousands of police officers from 1965 to 1984.
It was discontinued by most agencies at that time for the following reasons:
1. The perception that the product didn't stop a significant number of suspects who were sprayed, especially those who were intoxicated, under the influence of mind-altering substances, or suffering from certain types of mental illness.
2. The product earned a reputation for secondary contamination and it was almost impossible to work in an area or with suspects once it had been deployed.
The product Chemical Mace™ greatly assisted American law enforcement as it transitioned from a hands-on "contact" mentality of overcoming resistance to a stand off "less intrusive" method that set the tone for future tools and techniques. Though the product disappeared by 1984, it left its mark on officers as they grew accustomed to a personal chemical incapacitation tool and grasped the significance of extending the reactionary gap. This set the tone for "pepper" based sprays, which are now universally accepted by American law enforcement agencies.
Oleoresin capsicum (OC) Spray:
In the early 1930's, the Army Chemical Research Unit at Aberdeen Proving Ground extracted the essential oil from the cayenne pepper plant and produced a chemical that would later become known as "Oleoresin capsicum". Human effects testing found the product incapacitating on individuals, but not prone to the secondary contamination necessary for battlefield deployment. This negative for the military would ultimately prove advantageous for law enforcement.
Oleoresin capsicum spray was developed in 1960 at the University of Georgia by Professor James H. Jenkins and Dr. Frank Hayes, D.V.M. Their efforts were geared towards stopping attacking dogs, and their product, Halt Animal Repellent™, was first sold commercially in 1963. It continues to be used by the US Postal Service and is an effective spray repellent that protects mail carriers today .
In 1970, complaints concerning the effectiveness of CN-based Chemical Mace™ led an entrepreneur to develop a combination OC spray/flashlight called the Nebulizer. The idea of using OC as an alternative to CN was born out of the successful stops mail carriers had reported using Halt™ against vicious dogs.
Though innovative, the product was a commercial failure.
In 1974, a group of 15 investors joined with the inventor of the Nebulizer and attempted to market the OC spray alone, but this initiative also failed.
One of the original investors continued alone with his OC-based spray now called Cap-stun, and his company, Lucky Police Products. Lucky Police reported OC spray sales of approximately $30,000 in 1985.
In 1987, the FBI Firearms Training Unit completed a study of OC-based "pepper" spray involving 899 volunteers exposed in a controlled environment, as well as suspects in operational contact with 39 police agencies and 3 correctional institutions. The study revealed almost universal success, with no reported injuries.
The FBI strongly endorsed OC spray and in 1988 issued Cap-Stun to all of its field agents. Lucky Police Products reported sales that year in excess of $1,000,000.00. Shortly thereafter, one of the agents involved in the test was criminally charged after it was revealed that he received $57,000.00 from an OC manufacturer during the "independent" test.
In 1990, major chemical agent manufacturers began producing and marketing OC-based sprays and within three years most police departments in the country were using it. In the years that followed, a number of in-custody deaths occurred proximate to the use of OC spray.
Civil and human rights groups protested the use of the product and alleged that it was killing those who were exposed to it. Subsequent investigations revealed that OC spray was generally safe and effective and the benefits of its use greatly outweighed the potential concerns.
It is important to note that history is repeating itself as TASER technology is now being subjected to the same attacks as was the OC spray.
OC vs. Electronic Incapacitation:
Though most agencies now issuing electronic incapacitation devices have noted a decline in OC use, this should not be interpreted to mean OC spray is on the way out. The electronic devices are a "hot topic" with most agencies, have proven tremendously effective, and generally require the same justification for use as OC spray. As such, it is not surprising that the electronic device has become the "first strike" option for many officers facing circumstances that justify the use of either.
Likewise, there are numerous cases in which OC spray would be the preferred munition, such as when facing multiple subjects or when an officer needs to incapacitate a suspect for an extended period of time.
Oleoresin capsicum sprays have been in regular duty use for well over 15 years. The product has been evaluated in a number of studies and found to be effective in approximately 85% of the cases deployed. OC spray fills a clear void in police use of force decision making, adding a viable option and alternative -- along with electronic incapacitation -- between verbal dialogue and the baton in cases where officers have grounds to arrest or detain, and the suspect indicates by action, word, or deed that physical violence will be used to resist such an arrest or detention.
In addition, OC spray is very cost effective to procure, easy to train and deploy, and statistically unlikely to cause serious injury or death. As a result, OC spray can now be found on nearly every police duty belt in America, and is clearly one of the most significant "less lethal" incapacitation and injury reduction tools in the contemporary law enforcement arsenal .
- Tags
- Less Lethal


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Cowlishaw: He won't get style points for this one, but Tony Romo rallies Cowboys once again
ARLINGTON — Throwing 50 passes is rarely the key to success for an NFL quarterback. In fact, the Cowboys had won only once and lost the last four times Tony Romo had been asked to throw 50 or more passes in a single game.
On Sunday, in what began with the Cowboys' most miserable first half of the season, it was the team's only chance.
Romo wasn't perfect as the team had to overcome his fourth-quarter fumble (and only turnover of November). But despite playing under more pressure than he has ever seen, Romo managed to rally the Cowboys from a 13-point deficit for a 23-20 overtime win over the Cleveland Browns.
Behind an offensive line that gets more makeshift by the game, Romo was sacked a career-high seven times. It's not exactly a surprise that the Browns managed to knock the ball loose on one of them, although it took a potential field goal away from Dallas and prolonged the time the Cowboys' comeback would take.
But besides staying interception-free while throwing 50 balls, Romo did more than pile up 313 passing yards. It was a day for records as the Cowboys gained a franchise-high 10 of their 30 first downs by penalty.
In penalties called on pass plays or in the secondary against receivers — ranging from three interference calls to three illegal contact calls to facemask, holding and unsportsmanlike conduct penalties — the Cowboys gained another 112 yards.
The penalties came when the protection allowed Romo to go deep to his wide receivers against an overmatched secondary that lost its ace, cornerback Joe Haden, in practice this week.
"We attacked different guys," Romo said. "It was mostly about finding the right protections so we could make some plays. I'm not going to make excuses for winning. At the same time, we've got to play better."
The Cowboys returned to the .500 mark with Sunday's win, but to advance beyond it, they can't allow Redskins rookie Robert Griffin III to be nearly as close to perfection (14-for-15, 200 yards, 4 TDs) as he was Sunday against Philadelphia.
Romo didn't get a chance to approach perfection with the pounding he was taking. But this was the first time since maybe his ugliest victory ever — a five-interception Monday night triumph at Buffalo in 2007 — in which Romo has thrown 50 passes and escaped with a win.
Coach Jason Garrett has been known to abandon the run, but he was given little choice Sunday as the team struggled to find solidarity in the line. Guard Mackenzy Bernadeau moved from his usual right guard spot to center while reserve Derrick Dockery started at guard. Along the way, they lost Tyron Smith to injury, bringing Jermey Pernell into the mix.
"It's difficult when it's your first time together," Bernadeau said, "but we all know the calls. I think the second half was better than the first, and the overtime was better than the second half."
As the line felt its way into the game, the biggest improvement came from the Romo-to-Dez Bryant combination. In the second half and overtime period, Romo threw for 239 yards, and Bryant caught nine passes for 120 yards and a touchdown.
Sunday's game might easily have turned into a season-killing loss. The Browns owned the first half, took a 13-0 lead to the locker room and had rookie quarterback Brandon Weeden scanning the field with no pressure for the first 30 minutes.
The Cowboys didn't exactly scale new franchise heights in the second half, but their big-play performers — notably Romo and Bryant — delivered just enough to avoid a third straight home defeat.
"We need to be better," Romo said. "Run. Throw. Catch. Block. It makes every football game very difficult."
Romo has to outperform another rookie quarterback in three days. It may not take more than 68 minutes. It will almost certainly require better Cowboys football all around.
And given what we have seen in the first half of the home schedule — Romo has averaged 48.5 passes in Cowboys Stadium this season — it's going to be left to the Cowboys quarterback's arm to produce the win.
Follow Tim Cowlishaw on twitter at @TimCowlishaw.
Romo moves up
Tony Romo passed Roger Staubach and moved into second place all-time in career pass attempts for the Cowboys:
Player , Attempts
1. Troy Aikman, 4,715
2. Tony Romo, 2,986
3. Roger Staubach, 2,958
4. Danny White, 2,950
5. Don Meredith, 2,308
Romo by month
Tony Romo has been much more successful in November than any other month as a starting quarterback. The rundown:
Month , W-L , Pct.
September , 14-6 , .700
October , 8-12 , .400
November , 21-3 , .875
December , 8-13 , .381
January , 1-1 , .500


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+ Cougars rush past Thunder
Anthony Caiazzo rushed for nearly 275 yards and three touchdowns, as the visiting Cardinal Mooney High football team defeated The Out-of-Door Academy 27-17 Nov. 9, in the season finale for both teams.
ODA took a 7-0 lead, when quarterback Evan Wilson connected with Drew Fineberg for a 5-yard touchdown. Wilson extended the Thunder's lead to 14-0 on a 36-yard run.
Cardinal Mooney responded with a 21-yard touchdown run by Caiazzo and a 43-yard touchdown pass from quarterback Reese Vita to Casey Gunderson to pull within 14-3 at halftime.
Sean Kirshe hit a 25-yard field goal to extend the Thunder's lead to 17-14 before Caiazzo scored a pair of second-half touchdowns to give Cardinal Mooney the victory.
+ Lady Rams defend state swim title
The Riverview High girls swim team defended its Class 3A swimming championship Nov. 9.
Senior freestyler Taylor Katz won the 200-yard and 500-yard freestyles to lead the way for the Lady Rams, who finished 102 points ahead of co-runners-up Orlando Dr. Phillips and Lithia Newsome.
Katz also led off the 400 freestyle relay, which also finished first. Hannah James finished third in the 200 and 500 freestyles and also swam on the 400 freestyle relay along with Spence Atkins and Niamh O'Grady. Katz and James also finished second in the 200 freestyle along with Natalie Hegwein and Laura Toth. Across the pool, the Riverview boys team finished third. Alexander Katz finished second in the 200 freestyle and third in the 100 backstroke to pace the Rams. Liam McKane finished third in the 500 freestyle. The boys 400 freestyle relay finished third.
+ Cougar, Lady Tornado win state titles
Cardinal Mooney High's Matt O'Donnell and Booker High's Bethany Leap both captured individual state titles at the Class 1A Swimming & Diving Championships Nov. 10, at the Central Florida YMCA Aquatic Center in Orlando.
O'Donnell won the boys 500-yard freestyle and Leap won the girls 100 breaststroke. O'Donnell also finished fourth in the 100 backstroke.
Booker's Grace DiMeo finished second in the 100 butterfly and 10th in the 200 freestyle.
+ Sarasota wins regional title
The Sarasota High boys cross-county team scored 41 points to win the Class 3A-Region 2 Cross-Country Meet Nov. 10, in Lecanto.
Zackery Summerall finished first in 15:54.97 to win the individual championship. Courtland Bernard finished fifth in 16:13.09 followed by Ian Hull (eighth, 16:25.41), Adam Bradtmueller (ninth, 16:27.06) and Brandon Drumm (19th, 16:58.50).
The Sarasota High girls cross-country team scored 107 points to finish as the regional runner-up.
Angelina Grebe finished fourth in 18:57.00 to pace the Lady Sailors.
+ Riverview runners qualify for state meet
The Riverview High boys and girls cross-country teams qualified for the Class 4A Cross-Country State Meet Nov. 17, in Tallahassee after finishing fifth in the team standings at the Class 4A-Region 2 Cross-Country Meet Nov. 10.
Warran Grajalez finished 10th in 17:25.40 to pace the way for the Rams. Bryce Vokus finished 14th in 17:28.90. Jessica Lonas finished 18th in 21:15.30 to lead the way for the Lady Rams.
+ Three runners advance in Class 1A
Cardinal Mooney's Grace CasaGrande and Cal Turner Davidson and The Out-of-Door Academy's Peter Runge all advanced to the Class 1A state cross-country meet as individuals.
CasaGrande finished ninth in 19:10. On the boys side, Runge finished 10th in 17:03 and Turner Davidson finished 14th in 17:21.
+ Sarasota ends season on high note
Quarterback Hunter DeWitt threw three touchdown passes and ran in for another score to lead Sarasota High to a 43-13 victory over Bayshore in its season finale Nov. 9.
Shawn Bane Jr. hauled in touchdown passes of 76 and 80 yards and John Clancy caught a 5-yard touchdown pass.
Defensive back Austin Leach returned an interception 45 yards for a touchdown and defensive lineman Wicky Sanon recovered a fumble and returned it 80 yards for a touchdown.
+ Lady Rams blank rival Lady Sailors
The Riverview High girls soccer team defeated rival Sarasota 7-0 Oct. 29.
Katy Mixon recorded a hat trick to lead the way for the Lady Rams. Paige Reichenberger added a pair of goals and Ally Jones and Kasey Gamble each scored a goal. Goalkeeper Stephanie Tabar had two saves that night.
+ SMA posts shutout
The Sarasota Military Academy boys soccer team shut out St. Petersburg Canterbury 1-0 Nov. 11.
Logan Moriarty scored SMA's lone goal.


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© 2008 MLB Advanced Media, L.P. All rights reserved.
Nathan staying put in Twin Cities
Minnesota agrees to four-year contract with top-flight closer
By Kelly Thesier / MLB.com
FORT MYERS, Fla. -- The Twins said goodbye to Johan Santana and Torii Hunter this offseason, but the team wasn't about to let its closer bid it farewell, too. Joe Nathan and the Twins agreed to terms on Monday on a four-year, $47 million contract that runs through 2011 and includes a $12.5 million club option for '12. Despite indications earlier this offseason that the Twins might look to trade Nathan once they moved Santana to the Mets, the club made it clear on Monday that it was never really an option. "It was definitely a priority for us," assistant general manager Rob Antony said of keeping Nathan. "I think a lot of people thought, when it became clear we were going to trade Johan Santana, that Joe was next. That wasn't the case at all. We look at Joe as a key member of the core of this ballclub. We had to take care of some other things first ... but when the time was right, we did it. And it was well worth it." Nathan, 33, has established himself as one of the elite closers in the game since joining the Twins at the start of the 2004 season. He's recorded 160 saves during that period, tying him with the Yankees' Mariano Rivera for the most saves in the American League in that four-year span. He's also the first pitcher in Twins history to record 36 or more saves in four consecutive seasons. Nathan's contract will pay him $11.25 million each year from 2008-2011, with a $2 million buyout if the option is not picked up. The price of the option can rise to $14 million -- going up by $500,000 each for 55 games finished in 2010, 55 games finished in '11 and 110 games finished in '10 and '11 combined. The contract will also include a limited no-trade clause in which the closer can block three teams a year. It's the same clause that was in Nathan's previous contract. The two sides had appeared close to reaching a deal over the past few days, but it was finalized on Monday morning after Nathan's agents, Dave Pepe and Billy Martin Jr., met with members of the Twins' front office to go over the last few details. Nathan was joined by his wife, Lisa, and two children, Cole and Riley, at the press conference to announce the deal. He thanked Twins owner Carl Pohlad and his family for being "really committed to getting this done." He also credited his manager, Ron Gardenhire, and pitching coach, Rick Anderson, as a big reason for wanting to stay. "These guys care about the team and care about players," Nathan said. "They are more concerned about careers than they are seasons. They are thinking long term as opposed to short term, and that's not something you see every day." Nathan's camp was first approached by the Twins about an extension in early February. The two sides went through a brief stalemate period before talks heated up again recently, and Pepe admitted that he was at times pessimistic over whether a deal would get done.
News and features:
MLB.com coverage | Schedule | Ballpark | Tickets
Multimedia:Spring Training info:
MLB.com coverage | Schedule | Ballpark | Tickets
One sticking point early on in discussions between the two sides was Nathan's '08 contract. The closer's $6 million option for the upcoming season had been picked up by the Twins, but Nathan's camp preferred to wipe the slate clean, which they eventually did.Antony, who negotiated the deal with Pepe, said the club felt that keeping Nathan was important for a few reasons. Among those was the fact that the team is entering 2008 with a very young rotation, and the Twins didn't want the team's confidence shaken by losing leads late in ballgames. The club also didn't want to mess with the current roles for other pitchers in its bullpen, which has been among the best in baseball in recent seasons. And there was a feeling that after watching other top-tier talent leave the organization, the Twins wanted to try and prevent that from happening with Nathan -- if he indeed wanted to stay. Pepe said it was made clear to him that his client wanted to remain a Twin. "That was unequivocal," Pepe said. "This is where he wants to be. My marching orders from him were 'I need a market deal and I want to stay with the Twins.'" While Santana expressed after signing his $137.5 million deal with the Mets that he felt an "obligation" to the market, Nathan made it clear this offseason that he didn't feel the same way. His new contract doesn't set a precedent, but it puts him in the same price range as other elite closers in the game. Nathan's contract is similar to the one the Reds gave free-agent closer Francisco Cordero this past offseason. Cordero signed a four-year, $46 million contract with a fifth-year option. That contract, along with Rivera's three-year, $45 million deal from the Yankees, is something Nathan said he felt already set a new bar for the closer's market. Last season, Nathan expressed his desire to wait and see at the direction the organization was headed before making a decision on his future. But Nathan said on Monday that he knew fairly quickly that he wanted to stay after watching the Twins acquire players such as Delmon Young and Brendan Harris and secure Justin Morneau and Michael Cuddyer to long-term deals this winter. "In the offseason, you definitely saw a commitment to winning," Nathan said of the team's moves. "So it was a situation where, as long as I felt they were committed to that, I wanted to be on board."
Kelly Thesier is a reporter for MLB.com. This story was not subject to the approval of Major League Baseball or its clubs.


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- Anya
Options,Account, Forums
Any one know if there are any special rules there...
It's a 5k. It hurt like hell...then I tried to pick it up. The end.
veggies on the runMartial Artist Runners
They're not supposed to let you in if you're using headphones. I don't know if they always enforce this, but I suspect that they do.


text: WHO: Alltech invites progressive dairy and beef producers from around the world to come together to network and discuss the most relevant and challenging topics in their industries. WHAT: The 2011 Global 500 will move into unchartered territory, venturing into A Brave New World that explores the dairy and beef industries' future landscape and provides a rare opportunity for global colleagues and friends to engage in open discussion on critical topics such as sustainable strategies and practices that can be implemented now and in the future. This is the 4th annual Global Dairy 500 and the second meeting of Global Beef 500. WHEN: December 6-8, 2011 WHERE: Lexington, Ky., USA MORE: Registration is by invitation only. To request an invitation, visit www.alltech.com/global500. For further information, please contact Alltech's Global 500 registration team via phone: 1-859-887-3328, via fax: 1-859-881-2237, or via email: email@example.com. 09.29.2011


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By now, most have heard about the series of events that transpired at Rutgers University involving the head coach of the men's basketball team. Many have seen the video that has caused public outcry. The actions of Coach Mike Rice and the response of Athletic Director Tim Pernetti raise a number of legal questions, including whether Rutgers, as the employer, had the ability to discipline Rice twice for the same underlying infractions and whether any of the students who played for Rice have claims against the university for negligent hiring, supervision, and retention.
For those not familiar with the story, here is a summary of the facts. At various times between 2010 and 2012, video recordings were made of basketball practices conducted by Rice[1]. The videos showed Rice undertaking various forms of abuse[2]. His conduct included hitting and kicking players, throwing basketballs at players, and using, among other forms of verbal abuse, gay slurs to address the players[3]. The footage was given to Pernetti in November by a former employee of the basketball program[4]. Pernetti then sought outside review of Rice's conduct[5]. A report prepared by Connell Lacey LLP allegedly concludes that Rice could have been fired for the behavior captured in the video[6]. Rather than fire Rice, however, Pernetti suspended Rice for three days and levied fines that ended up costing Rice a total of $75,000[7]. No further action was taken until the tape was made public; subsequent to the tape being aired and the resulting public outcry, Rice was terminated[8]. The firing came approximately four months after Rice was suspended[9]. In its announcement of the firing, Rutgers stated that officials based their decision on "recently reviewed information" and a "review of previously discovered issues[10]." Rice's termination was followed shortly by Pernetti's resignation[11]. At the time he resigned, Pernetti claimed he had advocated for terminating Rice last year rather than issue the suspension, but that his suggestion was rebuffed by those senior to him[12]. Earlier this week, Rutgers announced it would be undertaking a further review of the situation and the way in which university officials responded[13].
Before delving into a discussion of the potential employment law implications related to Mike Rice's coaching style and his termination, it is important to highlight a few factors. First, New Jersey, where Rutgers University is located, is an at-will employment state, which means there is no cause requirement for an employee's termination[14]. Second, there is no indication that Mike Rice's employment contract with Rutgers contained provisions for discipline or requiring just cause (or any cause) in order to terminate his contract. Finally, there has been no indication that Rice was a member of any union or had the protection of any collective bargaining agreement.
The most immediate question raised by Rice's termination following the public release of videos showing his behavior during team practices is whether Rutgers could level a second punishment against Rice for the same incident of misconduct. Remember, Rice had been suspended in December for the conduct displayed in the video[15]. Now, without new publicly-known facts (although Rutgers referenced new information it had considered[16]), Rice was fired for the conduct shown in the video. Does this constitute an impermissible application of a second punishment for the same offense similar to the criminal law doctrine of double jeopardy? The New Jersey courts have not dealt with the idea of double jeopardy in employee discipline in any cases that can be analogized to the present case. There were, however, two recent arbitration decisions that can be.
In In re Calumet Specialty Products and United Steelworkers International Union, Local 13-245[17], a union grieved on behalf of an employee who failed to report for a scheduled shift after shifts for all employees had been altered[18]. The employee was given a notice stating the discipline being applied to him and the reasoning for it; the following day, he received an amended notice of discipline[19]. The union argued, in part, that the receipt of two separate notices for the same incident was double jeopardy[20]. In reviewing the case to determine whether double jeopardy was a claim that could be raised, the arbitrator looked to how double jeopardy had been viewed in relation to discipline in the employment setting. The arbitrator concluded, "Once discipline for a given offense is imposed and accepted, it cannot thereafter be increased, nor may another punishment be imposed, lest the employee be unfairly subjected to 'double jeopardy[21].'" The arbitrator then held that the employee in Calumet Specialty Products had been subjected to double jeopardy[22].
Later that same year an arbitrator reached the same conclusion in In re Chicago Transit Authority and Amalgamated Transit Union, Local 241[23], where a union had filed multiple grievances on behalf of an employee[24]. The grievances involved challenges to discipline "other than discharge[25]." The arbitrator held that applying two different disciplinary actions to the same employee for the same incident constitutes double jeopardy[26].
Applying these two cases to the Mike Rice situation, it appears that the concept of double jeopardy would generally apply. Rice was disciplined for the conduct he was shown to engage in during practices in December by way of suspension[27]. Thus far, no evidence has been made public to show that he continued to engage in the inappropriate conduct during practices or other interactions with players. And yet, last week, his employment was terminated because of the conduct displayed in the video[28]. Therefore, two separate punishments were meted out for the same acts of misconduct. As Calumet Specialty Products and Chicago Transit Authority clearly demonstrate, such action by an employer constitutes impermissible double jeopardy[29]. Had there been intervening occurrences of the same misconduct or other forms of misconduct, the termination would be more likely to be seen as escalating discipline. Again, however, it should be noted that New Jersey is an employment at-will state, meaning Rutgers does not have to provide a reason for terminating Rice's employment with the univeristy[30]. Further, both cases discussed, supra, involve unionized workers. It is unclear whether the concept of double jeopardy would apply to workers outside the unionized workplace who are subject to at-will termination. As such, Rice would likely not enjoy the protection afforded by the rule against double jeopardy.
Turning attention now to the individuals who were on the receiving end of the behavior shown in the video, the second question raised by this incident is whether the players on the men's basketball team have a claim against Rutgers for negligent hiring, supervision, and retention of Rice. Tim Pernetti has said that prior to Rice being hired as the head coach, Rice and Pernetti had a lengthy discussion about Rice's reputation when it came to his coaching style[31]. After Pernetti was made aware of how Rice was conducting practices, he chose to merely suspend Rice because the coach appeared to demonstrate that he knew the behavior was wrong[32]. Does this give rise to a situation in which the players would have a claim for negligent hiring, supervision, and retention for the timeframe represented by the video? If the conduct continued after Rice served his suspension, would the players have a claim for the subsequent timeframe? The New Jersey courts have looked at the issue of negligent hiring, supervision, and retention in two recent cases.
In Jafar v. Elrac, Inc.[33], the court defined negligent hiring, supervision, and retention as "broader forms of liability than under the doctrine of respondeat superior[34]." One year later, in D.T. v. Hunterdon Medical Center[35], the court again looked at the requirements for negligent hiring, supervision, and retention under New Jersey law. The court provided two requirements necessary for a claim to be successful[36]. The first requirement is that the employer was aware of the possibility that the employee may cause harm to others[37]. The second requirement is that the employee's actions proximately caused the injuries claimed to have been suffered and this causation would not have been possible absent the employee being hired by the employer[38]. The employer must have "[known] or had reason to know" about the possibility that the employee could harm others[39]. The opinion points out that "The Court has explicitly recognized 'the tort of negligent hiring or retention of an incompetent, unfit or dangerous employee and h[e]ld that one may be liable for injuries to third persons proximately caused by such negligence[40].'"
It appears clear from public reports that, at the very least, Tim Pernetti was aware of Mike Rice's reputation as a coach and felt the need to counsel him about his coaching style prior to bringing him on board at Rutgers[41]. There are also indications that after Rice's hiring, at least one of the employees of the basketball program raised concerns about Rice's coaching techniques with Pernetti[42]. And lest Pernetti be held out as the only party who knew of the behavior at the administrative level, it should be noted that the President of Rutgers University was made aware of the video footage at the time it was presented to Pernetti and declined to watch the footage[43]. Given that it appears Rutgers was aware of Rice's behavior at the time he was hired, the players shown being subjected to abuse in the video would likely meet the first requirement for a claim of negligent hiring, supervision, and retention. Further, since the university was made aware of the behavior displayed by Rice after being hired as the head coach, if the conduct continued after the school was made aware and disciplined the coach, those students harmed at that time would also likely meet the first requirement of knowledge on the part of the employer. What may be harder for the students to demonstrate is the second requirement. A student hoping to prevail on his claim will have to be able to demonstrate that he was injured in some way by Rice's conduct and that the university's hiring and subsequent retention of Rice was the proximate cause of that injury.
It will be interesting to see how this story plays out going forward. So far, Mike Rice seems not to be challenging his removal as the head coach of the men's basketball team, but that could always change down the road. Were he to attempt to challenge his termination as a double jeopardy punishment, Rice would likely not succeed, as New Jersey is an employment at-will state and he was not a unionized worker. It also seems as though there are no players coming forward at this time to claim they were directly injured as a result of Rice's conduct. If they were to come forward in the future and can demonstrate the injury and the connection between the injury and Rutgers' hiring of Rice, it is likely the students would prevail on a claim of negligent hiring, supervision, and retention.
[1] Steve Eder, Rutgers Fires Coach Over Abuse and Slurs, New York Times, April 3, 2013, available at http://www.nytimes.com/2013/04/04/sports/ncaabasketball/rutgers-fires-basketball-coach-after-video-surfaces.html?_r=0.
[2] Associated Press, Mike Rice fired from Rutgers after abuse video goes public, Newsday, April 3, 2013, available at http://www.newsday.com/sports/college-basketball/mike-rice-fired-from-rutgers-after-abuse-video-goes-public-1.4998367.
[3] Eder, supra at note 1.
[4] Associated Press, supra at note 2.
[5] Id.
[6] ESPN, Rutgers AD Tim Pernetti resigns, ESPN, April 7, 2013, available at http://www.espn.go.com/new-york/mens-college-basketball/story/_/id/9137089/tim-pernetti-rutgers-scarlet-knights-athletic-director.
[7] Associated Press, supra at note 2.
[8] Id.
[9] Eder, supra at note 1.
[10] Id.
[11] ESPN, supra at note 6.
[12] Id.
[13] Associated Press, Rutgers commissioning review of basketball scandal, USA Today, April 8, 2013, available at http://www.usatoday.com/story/sports/ncaab/2013/04/08/rutgers-basketball-scandal-mike-rice-tim-pernetti/2063013.
[14] New Jersey State Department of Labor (NJDOL), Wage and Hour Compliance FAQs, accessed April 2013, available at http://www.lwd.dol.state.nj.us/labor/wagehour/content/wage_and_hour_compliance_faqs.html.
[15] Associated Press, supra at note 2.
[16] Eder, supra at note 1.
[17] 130 Lab. Arb. Rep. (BNA) 563 (June 27, 2012).
[18] Id at 564.
[19] Id.
[20] Id at 567.
[21] Id at 570, citing Elkouri & Elkouri, How Arbitration Works, 6th Edition, 1997, 2003.
[22] Id at 570.
[23] 130 Lab. Arb. Rep. (BNA) 1575 (November 7, 2012).
[24] Id at 1576.
[25] Id.
[26] Id at 1581.
[27] Associated Press, supra at note 2.
[28] Id.
[29] See discussion, supra.
[30] NJDOL, supra at note 14.
[31] Don Van Natta, Jr., The coach, the assistant and the AD, ESPN, April 5, 2013, available at http://espn.go.com/espn/otl/story/_/id/9133038/bliss-hiring-tim-pernetti-mike-rice-rutgers-university-short-lived-coach-abuse-scandal.
[32] Associated Press, supra at note 2.
[33] 2011 N.J. Super. Unpub. LEXIS 974 (Superior Court of New Jersey, Appellate Division 2011).
[34] Id at 20, citing DiCosala v. Kay, 91 N.J. 159, 174, 450 A.2d 508 (1982); Lingar v. Live-In Companions, Inc., 300 N.J. Super. 22, 29-30, 692 A.2d 61 (App. Div. 1997).
[35] 2012 N.J. Super. Unpub. LEXIS 2204 (Superior Court of New Jersey, Appellate Division 2012).
[36] Id at 30.
[37] Id.
[38] Id.
[39] Id.
[40] Id, citing DiCosala v. Kay, 91 N.J. 159, 174, 450 A.2d 508 (1982).
[41] Natta, supra at note 31.
[42] Keith Sargeant, Rutgers' Big Ten move could have delayed Mike Rice firing, USA Today, April 7, 2013, available at http://www.usatoday.com/story/sports/ncaab/2013/04/07/mike-rice-big-ten-rutgers-robert-barchi-tim-pernetti/2061579.
[43] Id.


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She was born June 1, 1954, at Dardanelle to the late Robert and Lucille Pfeifer Perryman. Her special joy was attending any sporting event she was able to get to that involved a grandchild, she loved to travel as much as she could. She attended the Ola Freewill Baptist Church prior to her death. She was preceded in death by her parents and special friends, Speedy and Mary Jo Adkison.
Survivors include her husband, Lynn Young; two daughters, Aryn Rhinehart and husband Dusty, Ashley Carter and husband Scott; two step sons, Shane Young and wife Ashley and Shannon Young all of Dardanelle; two brothers, Larry Perryman of Dardanelle, Bobby Perryman of California; 11 grandchildren, Savana, Drake and Austin Rhinehart, Evan, Easton and Elyas Carter, Hayli, Emily, Kate and Kinley Young and Tanner Young; two great-grandchildren; and many other close relatives and friends.
Memorial services will be conducted at 10 a.m. Monday, Oct. 22, 2012, at Cornwell Chapel in Dardanelle with John David Keeling and Dr. Owen Kelly officiating.
Honorary Pallbearers will be Brad Cunningham, Mark Thone, Gordon Miller, Ronnie Awalt, Dave Evans and Josh Whithouse.
The family wishes to express a special thanks to Dr. Sneed and the Arkansas Oncology Staff, Hospice Nurses Nicolle and Charlotte, Dr. Kelly and Amy.
In lieu of flowers, memorial donations may be made to the Arkansas Hospice 2405 East Parkway, Suite 3, Russellville, AR 72802 or The American Cancer Society, 3291 S Thompson, Ste D104, Springdale, AR 72764.
Cremation arrangements are by Cornwell Funeral Home and River Valley Cremations in Dardanelle. Online guestbook and condolences at www.cornwellfuneralhomes.com.
Paid obituary


text:
This is what I have been looking for! Finally! I wanted to find the die cuts, but this is way better. I can do so many different things with it. Can't wait to try it out!
This 12x12 Gears Template is great. I've got great use out of this stencil. It good quality.
Love these products, very versatile


text:
She had other nieces
at least eight
but mine was an expensive gift
to never lose
They were jagged freckles of light
My aunts said let her wear her hair down
no importa
burnt red lipstick and diamond specks
How I suffered from feeling blanched
in a world inhabited by amber
women who would never let me
run around like a wetback
in the snake high grass with heavy dust
in the shoes my cousins and I
hopped like grease
shed our skin and listened for rattles:
Have you seen my white son-in-law?
who went to the drugstore for me
The smell of the river is very old
and my back is slight from the liberty of it
When I suffered my aunt bought me diamonds
two flecks of cartwheeling light
to never lose
and when I lost them in the river
I got a second chance
Monica McClure is currently based in New York City, where she teaches at Bloomfield College. Her poetry has appeared or is forthcoming in Lambda Literary, The Los Angeles Review, The Adirondack Review, Loaded Bicycle, Indigest, The Lit Review, Paperbag, No Dear and elsewhere. She is co-editing, with poet Brenda Shaughnessy, an anthology, Both and Neither: Biracial Writers in America. [Author photograph by Nick Parkinson]


text:
Over 6 Hours Of Action And Two Discs For Each
"The American Dragon", "The Best Wrestler In The World"; before "Yes! Yes! Yes!" those were just two of the monikers by which the ROH faithful worldwide referred to Bryan Danielson. From the first day ROH opened its doors until the day he left in 2009, Danielson was responsible for some of the biggest matches in ROH history, some of the most memorable moments, and as the eyes of the wrestling world fall on him this weekend, this is YOUR opportunity to relive some of those matches for yourself!
This weekend you can own 4 different DVD's highlighting Danielson's ROH career for the sale price of $14.99 each. All volumes feature two discs and over 6 hours of action on each. Here is a breakdown of each title:
Bryan Danielson: The American Dragon - With battles against AJ Styles, CM Punk, Austin Aries, Jushin Liger & Jay Briscoe, amongst many others, this 2-Disc set is a look at 13 of the best matches from the early years of Bryan Danielson's ROH career. From his "Epic Encounter" with Paul London to the beginning stages of Bryan's historic ROH World Championship run, these matches are part of what define him as an ROH Legend. This is Bryan Danielson, this is wrestling, this is The American Dragon. Click HERE to order!
Bryan Danielson Vs. Nigel McGuinness: The Complete Collection - Their rivalry is one of epic proportions in the history books of Ring of Honor. From their first meeting in the spring of 2006 until their final ROH match in the fall of 2009, Bryan Danielson and Nigel McGuinness engaged in one of the most legendary series of matches ROH had ever seen, or will likely ever see again. This 2-Disc collection contains every one-on-one meeting between the two sure-fire ROH Hall of Famers and as an added bonus to the set, it also contains several other tag matches featuring McGuinness & Danielson including their tag title challenge against Jay & Mark Briscoe from "Race to the Top Tournament Night 1" and their ROH vs. Pro Wrestling NOAH dream tag team match against Takeshi Morishima & Naomichi Marufuji from "United We Stand". Click HERE to order!
Bryan Danielson Vs. The World - Whether it be a British grappler the likes of Doug Williams, the Japanese Strong Style of Go Shiozaki, or the hybrid offense of the Russian Alex Koslov, the American Dragon has been tested against the greatest professional wrestlers from around the globe and always proven up to the challenge. This 19 match collections brings to you Bryan's battles over the ROH World Title & NOAH's GHC Jr. Heavyweight Title against warriors like KENTA, SUWA, and Nakajima, his violent rivalry with the monster Morishima, bouts against Marufuji, PAC, and more! Witness Bryan prove he is indeed the best in this collection we could only call "Bryan Danielson vs. The World"! Click HERE to order!
Bryan Danielson: World Champion - Thirty-eight is a number that may stand forever in the Ring of Honor history books. It is a number that represents a class of excellence seldom seen in the professional wrestling, it is a number that set the bar for all ROH World Champions to come. What is thirty-eight? It is the number of successful World Title defenses accomplished by Bryan Danielson in his reign as champion and it is a number only one other man has matched. The list of the competitors who attempted to wrestle the belt from the possession of Danielson reads like a who's who of the top talent in the wrestling world: Roderick Strong, Lance Storm, Austin Aries, Samoa Joe, and KENTA, just to name a handful. For 462 days one wrestler after another made it their mission dethrone Danielson and for 462 days each of them failed. This 2-Disc DVD set collects 12 of those epic clashes as Bryan Danielson defines just what it means to be called World Champion. Click HERE to order!
This offer is valid through Monday, August 19th at 9 AM EST exclusively on new orders placed atwww.rohwrestling.com in the ROH Store. No adjustments to prior purchases.
- Plus Prince Nana joins the commentary team for the evening!
- And RD Evans & QT Marshall will be in the house to address the ROH Tag Team Division!!
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text:
When I answer questions of a personal nature, Coldplay.com readers often get in touch with their own thoughts. So, we now have a weekly feature, Team Oracle, whereby each Friday (with the question asker's permission) we open up a question to all of you to answer too. Then, on Friday 7th September (due to Bank Holiday and Oracle's trip to Paris), I'll post a selection of the best answers, alongside my own reply.
ANYONE can join in so, if you'd like to, please email your response to the following question, in no more than 250 words, to firstname.lastname@example.com before midnight Thursday 6th September.
I have never had a boyfriend yet. I think I'd like to have a boyfriend, but I've never met a boy that I actually love. (yes, I do have had crushes but only on famous singers or actors, but never on a real boy..) I'm scared that I will never find a boy to love, maybe I'm just too choosy or maybe THE boy doesn't exist for me. Also I'm already 17 years old, so probably I won't be the first girlfriend for my first boyfriend. That scares me too. I've never kissed, I don't even talk a lot with boys.
I don't really know what I expect as answer on this, because it's not really a question. Also it feels weird to tell this here on the internet while I have never told anyone in real life about it. But please help me (team) Oracle.
Josje, Belgium.
Look forward to seeing your replies.
The Oracle
Please email your replies to email@example.com
PLEASE NOTE THERE WILL BE NO TEAM ORACLE NEXT FRIDAY (31st Aug).


text: How many times have you passed this marker on Eggerts Crossing Road? (Craig Allen photo) [ Historic Johnson Trolley Line [PHOTOS] By Craig Allen July 5, 2013 New Jersey is filled with historic sites. All you need do is look around! Read More Category: Talking About ..., Weekends Tags: historic sites, Johnson Trolley Line, Lawrence NJ, NJ Historic Sites, walking, walking paths/trails, Weekends, Woodrow Wilson Send to a friend! Share on Facebook Share on Twitter Pin it! Reddit This! Share on Tumblr!


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Top Items:
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Gabrielle Giffords launches anti-gun website
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Meghashyam Mali / The Hill:
Giffords launches new gun-control initiative
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Billy Hallowell / TheBlaze.com:
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New York Times:
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Discussion: Capital New York, Politicker, NY Daily News and Post Politics
Azi Paybarah / Capital New York: But really: who does Bloomberg want in 2013?
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Rachel Weiner / Post Politics: Bloomberg wanted Schumer to run for mayor, report says
First Read:
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Discussion: msnbc.com and National Review
Jim Geraghty / National Review: Chuck Hagel in 2004: Reinstate the Draft
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Richard Cramer, Wrote of Presidential Race, Dies at 62 — Richard Ben Cramer, the Pulitzer Prize-winning reporter and the author of "What it Takes," a superbly detailed account of the 1988 presidential election considered among the finest books about American politics ever written, died in Baltimore on Monday night.
Discussion: BuzzFeed and Poynter, more at Mediagazer »
Ben Smith / BuzzFeed: Richard Ben Cramer
New York Sun:
Hagel and the Jews — A friend and admirer of Senator Hagel called the other day to ask whether we'd ever met the nominee to be secretary of defense. We expressed our regrets that we hadn't. Our friend wanted us to know that Mr. Hagel does not dislike the Jews.
Discussion: Right Turn and BuzzFeed
Jennifer Rubin / Right Turn: Morning Bits — Ouch. "By what deep principles is Senator …
Rosie Gray / BuzzFeed: Obama Upends Iran Debate By Picking Chuck Hagel
Paul Mirengoff / Power Line:
John Brennan, "Arabist" — By the standards of the Obama administration, John Brennan, its nominee for CIA director, will not be noteworthy for lack of warm feelings towards the State of Israel. In a normal administration, though, he would stand out for this reason.
Discussion: BREITBART.COM and Taylor Marsh
CBS News:
Hagel nomination cheers Iran, worries Israel — Iran's Foreign Ministry says it is hopeful the appointment of former Nebraska Republican Sen. Chuck Hagel to lead the Pentagon would improve relations between Tehran and the U.S. — Asked about Hagel's nomination, ministry spokesman Ramin Mehmanparast …
Discussion: Hot Air, Right Wing News and The Week
Ed Morrissey / Hot Air: Iran strangely cheered by US SecDef nomination
William Teach / Right Wing News: Surprise! Iran Thrilled By Chuck Hagel Nomination
Greg Holyk / ABCNEWS:
Public Lukewarm on Cliff Deal, But Obama Bests Boehner — Americans give a lukewarm response to last week's agreement to avoid the fiscal cliff, albeit with higher marks for the deal to President Obama than to House Speaker John Boehner. — More people in this ABC News/Washington Post poll approve …
Discussion: Hot Air and National Review
Jim Geraghty / National Review: New Poll: Americans Mostly 'Meh' on Fiscal Cliff Deal
Justin Sink / The Hill:
Majority disapprove of Boehner's handling of 'cliff' talks, poll finds
Majority disapprove of Boehner's handling of 'cliff' talks, poll finds
Michael Falcone / ABCNEWS: ANALYSIS: The Fiscal Cliff's Winners And Losers
Numbers / Pew Research Center for the People …:
Obama Viewed as Fiscal Cliff Victor; Legislation Gets Lukewarm Reception
Obama Viewed as Fiscal Cliff Victor; Legislation Gets Lukewarm Reception
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Jon Walker / Firedoglake: Obama Seen as Winner of Fiscal Cliff Deal
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Zachary A. Goldfarb / Washington Post:
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Greg Sargent / The Plum Line:
Republicans getting weak-kneed about debt ceiling fight
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Josh Barro / Bloomberg:
Why Platinum Coin Opponents Are All Wrong
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Activist shouts at Piers: 'We will not relinquish' guns
Discussion: Firedoglake, Politico, Piers Morgan and Taylor Marsh
Dylan Byers / Politico: White House responds to 'Deport Piers Morgan' petition
Jason Kurtz / Piers Morgan: Tonight: Piers Morgan returns for a live discussion on "Guns in America," faces co-creator of White House petition
Fast-Food Worker Hours Cut, New Health Care Law Blamed — A fast-food chain is slashing employee hours so franchise owners don't have to pay health benefits. Around 100 local Wendy's workers have learned their hours are being cut. A spokesperson says a new health care law is to blame.
Discussion: AMERICAblog
Obama's Second Term: More (and More Presidential) Polarization — By Francis Wilkinson 2013-01-07T18:23:23Z — President Barack Obama's anticipated nomination of Chuck Hagel as defense secretary shows how the polarization of Obama's second term might differ from that of his first.
Discussion: First Read
Bret Stephens / Wall Street Journal:
Stephens: Chuck Hagel's Courage
Stephens: Chuck Hagel's Courage
Discussion: Weekly Standard, The Week, msnbc.com, Betsy's Page, News Desk, Mother Jones, Hot Air, Mondoweiss, AEIdeas and Lincoln Journal Star
Stephen F. Hayes / Weekly Standard: Obama, Hagel, and Iran
Rick Bosh / msnbc.com: What we're reading: Tuesday, January 8, 2013
John Cassidy / News Desk: Hagel's Views on Israel Aren't the Only Issue
David Corn / Mother Jones: Hagel's Half-Courageous Stand on the Iraq War
Allahpundit / Hot Air: Chuck Hagel: America's new drone czar?
Philip Weiss / Mondoweiss: Elliott Abrams calls Chuck Hagel an anti-Semite
Danielle Pletka / AEIdeas: 8 questions for Chuck Hagel
Frank Newport / Gallup:
Most in U.S. Say Politics in Washington Cause Serious Harm — Slight majority optimistic that things will improve over next 10 years — PRINCETON, NJ — More than three-quarters of Americans (77%) say the way politics works in Washington these days is causing serious harm to the United States …
Discussion: FishbowlDC, The Hill, Politico and Mother Jones
Betsy Rothstein / FishbowlDC: Morning Chatter — Quotes of the Day Startling Monday headline
Kevin Robillard / Politico: Poll: 77% say D.C. hurting the nation
Michelle Boorstein / Washington Post:
Widow of Medgar Evers to deliver invocation at Obama inauguration — President Obama has picked Myrlie Evers-Williams, widow of slain civil rights icon Medgar Evers, to deliver the invocation at his public swearing-in later this month. It is believed to be the first time a woman …
Discussion: The Gateway Pundit, The Hinterland Gazette and Balloon Juice
Jim Hoft / The Gateway Pundit: For First Time Ever... Obama to Use Civil Rights Activist and Not Clergy to Deliver Benediction at Inauguration
Janet Shan / The Hinterland Gazette: Myrlie Evers-Williams to Deliver Invocation at President Obama's Inauguration Jan. 21
Anne Laurie / Balloon Juice: Tuesday Morning Open Thread: Invocation
Carlo Muñoz / The Hill:
Obama's CIA nominee to face tough questions about 'enhanced interrogation' — President Obama's pick to head the CIA could face a rough road to confirmation in the Senate due to his involvement in the "enhanced interrogation" techniques of the George W. Bush administration.
Glenn Greenwald / Guardian:
John Brennan's extremism and dishonesty rewarded with CIA Director nomination | Glenn Greenwald
John Brennan's extremism and dishonesty rewarded with CIA Director nomination | Glenn Greenwald
Matt Sledge / The Huffington Post: John Brennan CIA Nomination Reflects Shift In Human Rights Advocates' Views On Obama
Andrew Sullivan / The Daily Dish: Brennan: Second Time Around
Brett LoGiurato / Business Insider: OBAMA: Chuck Hagel Is 'The Leader That Our Troops Deserve'
Henry Decker / The National Memo: Obama Nominates Hagel For Defense Secretary, Brennan For CIA Director
Alex Seitz-Wald / Salon: John Brennan: The nominee who should be controversial
Philip Munger / Progressive Alaska: Obama Nominates Hagel as Defense Secretary - Let the Battle Begin
Raffaela Wakeman / Lawfare: Today's Headlines and Commentary
Kevin Robillard / Politico:
McChrystal backs gun restrictions — Retired Gen. Stanley McChrystal backed banning assault weapons on Tuesday, saying guns like the M4 and M16 belong in the hands of soldiers, not on the streets. — "I spent a career carrying typically either a M16 and later, a M4 carbine," McChrystal said on MSNBC's "Morning Joe."
Discussion: msnbc.com and Taylor Marsh
David Brooks / New York Times:
Why Hagel Was Picked — Americans don't particularly like government, but they do want government to subsidize their health care. They believe that health care spending improves their lives more than any other public good. In a Quinnipiac poll, typical of many others …
Discussion: Right Turn, Via Meadia, Mother Jones and Wonkblog
Jennifer Rubin / Right Turn: 10 ways Hagel upends conventional wisdom
Walter Russell Mead / Via Meadia: Brooks: Welfare, Warfare, and the Policy Deficit
Kevin Drum / Mother Jones: David Brooks is Too Pessimistic
Glen Johnson / Boston Globe:
Barney Frank disagrees with gubernatorial aide's criticism of him as potential interim senator — Former Representative Barney Frank had a succinct rejoinder today to Doug Rubin, the top political adviser to Governor Deval Patrick who said over the weekend that there were "better options" for interim US senator.
Discussion: Politico and Ballot Box
Kevin Robillard / Politico: Barney Frank pushes for Senate seat
Alexandra Jaffe / Ballot Box: Frank says no better option for interim Mass. Senate appointment


text:
Is 13 Really Unlucky, Even in Baseball?
I really do not understand the big thing about the number "13". And the huge voodoo curse of doing anything important on this day is just plain nonsense to me. Come on, how many people actually suffer from Triskaidekaphobia, and is it more mental than physical anxiety? I guess it depends on who you ask that question towards, and you might get a different answers every time. I mean maybe I am just not that effected because I was born on Saturday the fourteenth and missed this great day by about 6 hours. I mean when did this fear begin, and why is it that even today we are so afraid of anything 13-related.
Of course the common origin of this fear was brought about by the writing of early Christians who spoke of the thirteenth member at the table during the Last Supper of betrayal and dishonor. We all know the Sunday School story of Judas, but could this be the true origin of this cursed number. In actuality, the number is not all that forbidden and cursed in Christian literature. Most religions and belief system still adhere to the thirteen attributes of God. The Torah and some Christian churches still use the attributes in sermons and teaching. But for all its evil intentions, the number is still just 3 plus 10 to some cultures, and doesn't hold the bearing of evil, or even impending doom.
In 1881, several prominent New Yorkers, including Civil War Captain William Fowler decided to test fate and formed the Thirteenth Club. This was to be a dinner cabaret club where guests guest met for the first time on Friday January 13, 1881 at 8:13 pm. To play further on the play of the number, they had thirteen guests attend the dinner in room 13 of the venue. The venue also took upon itself to throw other superstitious behavior at diners as they had to enter the room under open ladders, and they were seated among small piles of spilled salt. Even with them trying to evoke the evil spirits and summon danger to their personal well being, all 13 of the diners did survive the night.
But Friday the 13th still holds a fear in some Western cultures. In Romania, Greek and Spanish cultures, they still hold a fear of bad luck and terror on this day. They also consider Tuesday the 13th to also hold an evil connotation. But why is it that baseball doesn't really take to this superstition. Even though baseball players can be some of the most superstitious people on the planet, they do not hold a judgment on the number 13. Several famous players have garnered this numerical evil and done quite well for themselves in the sport.
So are there any baseball players who have taken it upon themselves to laugh at the devil and any evil that might surround the number and wear the 13 jersey. In actuality, there have been a few examples of positive and negative action and reactions to people who have worn the number 13 jersey. If the numbered jersey really can have a mental or emotional effect on the person wearing it is going to be left to the guys with the big leather couches and the wood-lined bookcases. I mean the jersey has had it share of negative actions, but were these caused by the number, or could the player wearing the number just had a bad game or bad outing. It is just speculation and your own personal beliefs on the subject that will define your answer. Take for example Brooklyn Dodger pitcher Ralph Bianca, who defiantly wore the "13" jersey and even posed with black cats before the 1951 playoffs. He would become famous in the 1951 playoffs for surrendering Bobby Thomson's "shot heard round the world" home run, one of the most famous home runs of all-time.
Here is a little known fact, and the only people who might know this answer would be true baseball researchers and older Pittsburgh Pirates fans. Though this Hall of Famer was best known for wearing the number 21, Roberto Clemente started his career with the Pirates in 1955 wearing the number 13. Both a powerful batter and a brilliant right fielder, Clemente garnered many awards during his career with the Pirates, including National League MVP in 1966, 12 consecutive Golden Glove awards, and World Series MVP in 1971. He was the first Hispanic American elected to the Hall of Fame.
Even though the number can be considered evil, mean and nasty, is it all just hype, or does this number really have the power to take your best and make it change 180 degrees on you like Jeff Fassero,who wore no. 13 in 1999 for Seattle and Texas and compiled a 5-14 mark with a 7.20 ERA, the worst major league single-season ERA (for pitchers with 150 innings) since 1937. But even battery mates can find the number to have a bit of an unlucky hue at times. Buck Martinez is considered to be a great catcher, but was his decision to wear number 13 be his down fall during his career. Martinez wore no. 13 as a catcher for the Toronto Blue Jays. He lasted 17 years in the big leagues but had a career batting average of just (gulp) .225. In 1985, he was bowled over by a player attempting to score and severely dislocated his ankle, effectively ending his playing career. He even wore the number again as manager of the Blue Jays in 2001-2002.
Current New York Mets closer Billy Wagner also wore the ill fated number back in 1998 with the Houston Astros and missed time in 1998 after a line drive struck him on the left side of the head. He made a successful return in 1999 but missed most of the 2000 season after elbow ligament surgery. When he was traded to the Philadelphia Phillies in 2005, he still dressed out in his usual 13 jersey. With the Phillies, he encountered a shoulder strain that effectively shut him down for the season. Wagner again had this cursed number on his back in 2008 when he went down with a torn medial collateral ligament in his elbow and also in his flexor pronator
, which meant Tommy John's surgery for the young star.
Even though some found only pain and sub-par performances in the number, players like Jeff D'Amico of the Milwaukee Brewers did have some mixed results while wearing the number 13. He did enjoy one truly excellent year, 2000, during which his ERA hovered around 2.00 for much of the season and he contended for the NL ERA title. Needing just a few innings to qualify for the title on his last start of the season, he surpassed the 162 inning minimum threshold, but in the process gave up enough runs to lose the title. He was expected to be the ace of the Brewers staff in 2001, but injuries kept him from ever returning to form.
Adrian Brown did not play long in the major leagues, but he did have the ability to play all three outfield positions, mainly center field. He reached the Majors in 1997 with the Pittsburgh Pirates, spending six years with them before moving to the Boston Red Sox (2003) Kansas City Royals (2004), and Texas Rangers (2006). His most productive season came in 2000 with Pittsburgh, when he posted career-highs in batting average (.315), home runs (4), RBI (28), runs (64), doubles (18), and stolen bases (13) in 104 games. Edgardo Alfonzo is a former Major League Baseball infielder currently playing for the Yomiuri Giants in Japan. Alfonzo has worn the number 13 since his Major League debut, however switched to the number 12 in March 2005 giving former teammate, and current San Francisco Giants shortstop, Omar Vizquel the number 13 to honor not only the longevity of Vizquel wearing the number, but also because the wearing the number 13 is a term of respect and honor to Alfonzo and Vizquel's fellow countryman Dave Concepción (all three from Venezuela ).
Speaking of Omar Vizquel, he might be one of the most famous to wear the number and have success on the field. People forget he was signed as a free agent by the Seattle Mariners back in 1984. Omar Enrique Vizquel Gonzalez is currently playing for the Texas Rangers organization. Previously, Vizquel played for the Seattle Mariners (1989-1993) the Cleveland Indians (1994-2004) and the San Francisco Giants (2005-2008). Vizquel is considered one of baseball's all-time best defensive shortstops, winning nine consecutive Gold Gloves (1993-2001) and two more in 2005 and 2006. He also tied Cal Ripken's AL record, since surpassed, for most consecutive games at shortstop without an error (95 between September 26, 1999 and July 21, 2001). On May 25, 2008, Vizquel became the all-time leader in games played at that position, passing Luis Aparicio.
And there are many current players including the New York Yankees slugger Alex Rodriguez who find no fear or evil in their number on their back. In some instances it is considered a lucky charm to the players. Recent troubles in Rodriguez's life might be turned around and blamed on the number, but the instances might have happened without the uniform firmly on his back. If this does become a turning point in his career, would he consider changing his number to remove a jinx, or does he feel like several other players that it is just a number and doesn't have evil intentions to it.
Current Tampa Bay Rays left fielder and All-Star Carl Crawford first wore number 8 when he came up, but quickly changed when the number became available since it was the same number he wore in high school while in Houston, Texas. The number was my personal favorite all the way through college too. I have always found the numbers "1" and "3" to be lucky for me, so the addition of including them both on my uniform was just a progression. I was wearing the number " 33″ when i almost broke my neck playing football, so the 13 curse did not follow me beyond college.
I am also one of those people who do not walk around ladders, steps on cracks and also pets the black cats. I think that if you have positive thinking and a mental basis of knowing you make or cause your lucky to change based on your own intentions and action, then what number you wear will be a mute question. But I know there are people who subscribe to this level of thinking that the number has negative connotations. But that is what is so great about being individuals. We make our choices in life based on our belief system and our personal habits. I got to go right now, there is a black cat in the middle of the road and I have to go chase it beyond the cracked sidewalk…………Wish me luck!!!!
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20 Comments
You know, baseball players have to be some of the most superstitious people on the planet. Between the refusal to wear certain numbers on their jerseys, all of the facial hair that has to be groomed a certain way, wearing women's underwear, and even more disgusting rituals that I don't even want to get into, these guys really take this stuff seriously. And who knows? Maybe it works simply because they believe in it.Great post, though. I had never really thought about where a lot of our superstitions about the number 13 and stuff originally came from. That's interesting.
I try and let people use that big muscle between their ears every once in a while.
I try not to make it too tough.I would hate to sprain a braincell myself. Seriously, I know a lot of other superstitions and wild goings on, but some will go to my grave with me………….they are both weird and totally outsdie the collective box.
Rays Renegade
I'm superstitious about black cats and ladders but not the #13 for some reason. I always wondered why elevators in high-rise buildings skip the number. Seems like that's taking it a little far, but I guess people really do get freaked out by the 1-3. Interesting post as usual!
Loved it Rays! I knew about high-rises skipping the 13th floor. I always feel that we make our own luck. Nothing is really a "bad luck charm" unless we allow it to be! It is mind over matter. If you believe you can do it, you will find a way yo do it!
Great Post! And I think Friday the 13th was lucky for my Red Sox last night! ;-)
The worst birthday of my life happened on a friday the 13th. I'm not very supersitious, but I do have my quirks.
i have go agree with Erin, the players do have these weird rituals they follow. Even hockey players do these things. Some, of them I don't even want to hear about!
Great post, Ren!
Thanks Jane,
I know that there is a racetrack out on California that has about 35 horse stalls out in their pasture area. 13 is a powerful number it hold so much power for just two numbers.
Rays Renegade
The problem with some player superstitions and this date situation can hamper a players development and even a teams' ultimate goals. Problem with most numerical superstitions, because of the limited numbers in some sports, and the teams retiring jerseys, players might have to decide on higher digits instead of traditional lower numbers.
The Yankees are a great example of a team retiring their lower numbers and almost everyone else will have to wear at least two numbers soon. You know that number "2" will be retired after Derek Jeter is finished playing.
Rays Renegade
Of course we all have superstitions, but most might think thay are just lifestyle decisions, and not even think of them as superstitions or rituals.
I know I try and drive to the stadium the same way every night. I go in the same gate, and also be sure to say hello to certain stadium workers on my way to my seat.
And that is just at the ballpark. Even as I drive, or live in my house, I have certain rituals that have to be done or the day seems a bit weird.
Rays Renegade
I don't get the Friday the 13th fear either. It does remind me of a Mitch Hedberg skit. "Some hotels don't have a 13th floor because 13 is an unlucky number. Well then so should the letter B, because B looks like a scrunched together 13." I, too, am one of those people who'll step on cracks, walk under ladders, etc. And I actually prefer black cats because I think they're cuter. And my first cat was Soxx, black with white feet. :)
Why would I expect you not to have a black cat. I never thought about the letter "B" like that, but you are right. I am glad not to have a "B" in my name now.
I have never seen the Mitch Hedberg's skit. I might have to dig and try and find that one.
Rays Renegade
My neighbor has 2 black cats…one of them is very freindly. My friend lives in a building with no 13th floor, which I find amusing…but then the 14th floor is really the 13th, so shouldn't they just build an empty 13th floor or something?
Maybe it originates from people having horrible years when they are 13 (I know I did)
I know another legend to the origin of the 13 curse is that the Vikings feared their god Loki, who was the 13th elder or entity. He is also said to have killed Baldr,another god, and then was the 13th person to enter into his funeral.
I know I would live in building 13, or apartment 13, but I still get a kick out of the Munster's living at 1313 Mockingbird Lane.
By the way, my address numericals first two digits are "13–".
Rays Renegade
Maybe because your address starts with 13, you're immune to it! Sounds good anyway…
Oh yes and before I forget, I owe you this. ****POKE*****
What IS this picking on Kazmir on Jane's blog? I know you're just using him as an example, but come on! I know he had his problems…blah, blah, blah…but can't you find another pitcher to use for your examples?! (there must be someone else, i just can't think of any right now)
Ok, I'm done picking on you now…I'll go back to being good…for now.
Okay, since I got to watch him first hand throw his pitches before games both during the regular season and the playoffs, I know that he abandoned his slider unless he had to use it in 2008.
He used to have that pitch in his back pocket as his out pitch. But after his elbow situation last spring, he did not use it because he did not have confidence in the pitch at that time.
He knows me, and I have never pulled my opinion for him or anyone else. He lacked the killer instinct in 2008. He looked more controlled today in his win over Cincy, but he is still not using that pitch as much. For him to go to the next level, he needs three pitches that are at the MLB level. His slider used to be one of the most devastating pitches he threw, now it is an after thought.
Rays Renegade
I know he didn't use it last year. I hope he'll get the pitch back, it was a killer. Is he working on anything new for this year? Can he get the slider back or is he giving up on it?
You didn't have to justify yourself! I watched the games last year – I saw that he didn't use the pitch. Besides, I was just picking on you! Do you really think I would say anything bad about Kaz? Please. Why do you think I have 19 in my screen name! (and please don't say it's because you think it's my age! I had to deal with that last night!!LOL!)
he used it a bit today, but he has been toying with a change-up too. But it is not a major league level pitch yet.
He looks to be hitting his spots quicker in the at bats so far this spring. I do not think he will anywhere the year he suffered with last year.
Rays Renegade
I do not know why you had 19 on there.
I just state the fact ma'am as Joe Friday used to say.
You know he used to be number 26?
Rays Renegade
I love #13 :O) Dan Marino!!! When I was in college, my roommate and I actually requested room #1313 in one of the campus dorms; the "upscale" dorm was really hard to get into and we figured no one else wanted that room….so, we got it :O) In fact, they were happy to be rid of it! Ha, ha!
If I was writing about football, Marino would be on his list for sure.
I actually got to play against him in his Dolphin days and he was one of the best of looking down his list of receivers and going back to the first option in a nano second. His guys were small enough then for me to bully them and make him switch targets. But I loved the way he played ball.
If he was a baseball guy, he would have been in the American League playing first or third base and crushing the ball for average and showing power when he needed it.
Rays Renegade


text:
Artificial Mind & Movement (A2M) today announced that they have changed their name to one the company used when it was a small upstart developer of PS1 games in the 90's: Behaviour.
With the name change comes a renewed focus for the Canadian studio on developing original IPs on multiple platforms alongside its work-for-fire business with major publishers. Behaviour Senior Vice President of Business Development Jamie Leece says that a sequel for the Eliza Dushku-starring action title Wet is in the works, and so is a sequel for Naughty Bear.
And the company isn't stopping there. Leece says that the company is working on several unannounced games for the Xbox 360, PlayStation 3, Nintendo's Wii and DS, Xbox LIVE Arcade, PlayStation Network and next generation handhelds. They are also working on a Facebook game that will launch in November, and on a casual MMO that will launch early next year.


text: Without knowing either lanugage, I look at the C++ version and say "Huh?" Whereas when looking at the Java version, I at least can make some guess as to what it does. The example provided is exactly what keeps me away from C++ and the like: Instead of learning a few commands and manipulating them, one memorizes the bible, the dictionary, and the thesaurus (or searches through some tome -- electronic or hardcopy). IDE's or whatever may help search the tome, but still... Granted, the wheels that people reinvent may not be the ideal wheel, and there'll be a lot of variations in design. I can see where that would be a disadvantage if you do a lot of shipping your code around to the four corners of the universe. > "Consider the now-trite "word count" program that uses a map data structure > to keep track of the number of instances of each word in a document. In > Java, a language not known for its economy of expression, you'll need code > something like the following to process a word: > > if ( !myMap.containsKey( key ) ) > myMap.put( key, new Integer( 1 ) ); > else { > Integer count = (Integer) myMap.get( key ); > int icount = count.intValue( ); > myMap.put( key, new Integer( ++icount ) ); > } > > whereas in C++ it is simply: > > myMap[key]++; > > More expressive power begets higher-level programming, which in turn leads > to elegant, readable code." > > I would love to see the FORTRAN version of this code.... CALL something_I_write_and_understand (...) ;-) _______________________________________________ Beowulf mailing list, Beowulf at beowulf.org To change your subscription (digest mode or unsubscribe) visit http://www.beowulf.org/mailman/listinfo/beowulf