text:
LAWRENCE v TOYS R US
Docket No. 99983. Argued January 9, 1996 (Calendar No. 2). Decided July 31, 1996.
Michigan Supreme Court
Lansing, Michigan 48909
Chief Justice
James H. Brickley
Charles L. Levin
Michael F. Cavanagh
Patricia J. Boyle
Dorothy Comstock Riley
Conrad L. Mallett, Jr.
Elizabeth A. Weaver
No. 99983
COMPANY, PROMPT/DeBONTE, OHIO
DISTRIBUTORS and TRANSAMERICA
Victoria J. Lawrence was injured while working for Prompt Answering/DeBonte Electric. Her injury prevented her from
continuing her employment with Prompt, but did not prevent her from continuing her dual employment at Plainfield Drive-In where, at the time of the injury, she had part-time seasonal employment in the sedentary job of selling movie tickets.
The questions presented are whether
the wages Lawrence earned at Plainfield were properly included by the magistrate and the WCAB in computing Lawrence's "average weekly wage" for the purpose of determining the benefits payable to her;
Lawrence may have lost the earning capacity represented by the wages she earned at Plainfield although she continued to be there employed immediately after she was injured at Prompt; and
the Second Injury Fund may be subject to liability for a portion of the benefits payable to Lawrence in respect to the wages at Prompt even if it is determined that Lawrence retains earning capacity in respect to her wages at Plainfield.
We agree with the Court of Appeals,[1] the Worker's Compensation Appeal Board, and the referee—who all ruled that the 1980 amendments[2] of §§371[3] and 372[4] of the Worker's Disability Compensation Act,[5] providing that the average weekly wage means the weekly wage earned by the worker at the
time of injury "in all employment,"[6] mean both the wages earned in the employment (at Prompt) in which the worker was disabled and in an employment in which (at Plainfield) she was not disabled—that the WCAB properly included the wages Lawrence earned in all employments in computing her average weekly wage.
Neither the magistrate nor the WCAB made findings concerning Lawrence's ability to earn the wages she received from Plainfield. We conclude that whether she lost her entire "earning capacity" remains a question of fact for the magistrate.
The WCAB found that the Second Injury Fund would be liable for a portion of the benefits paid to Lawrence, even if that portion is being paid to replace wages lost from the employment at Prompt in which she was injured. We disagree, and conclude that in such a case the Second Injury Fund is not subject to liability for the payment of any benefits replacing the wages Lawrence earned during her employment, at Prompt, in which she was injured.
The WCAB found that Lawrence was partially disabled by June 15, 1985, from her employment with Prompt as a result of a knee injury,[7] and entered an open award of benefits until
the further order of the WCAB. The WCAB ordered that, in computing the weekly compensation benefit, Lawrence's average weekly wage was to be determined by including both wages from her employment with Prompt, which she could not continue because of her disability, and wages from her employment with Plainfield, which she had been able to continue. The order provided that Prompt could take credit, pursuant to the formula contained in subsection 361(1) of the act,[8] against the weekly benefits for any wages Lawrence had "actually been able to earn" after June 15, 1985.
The WCAB order further provided that the Second Injury Fund must reimburse Prompt for a share of the benefits proportionate to the ratio Lawrence's preinjury wages at Plainfield bear to her total average weekly wage, unless Lawrence's earnings from Prompt comprised more than eighty percent of her combined earnings from Prompt and Plainfield, in which event the Second Injury Fund would not be required to provide any reimbursement to Prompt.[9] The Court of Appeals
This Court granted the application of the Second Injury Fund for leave to appeal. Lawrence had responded to the application with a motion to dismiss as moot. The order granting leave to appeal states that the motion "remains pending. The parties are directed to include mootness in the issues to be briefed."[10]
Lawrence contends that the issues are moot, and the appeal should be dismissed because the sole issue presented is
whether the Second Injury Fund is required to reimburse Prompt under the circumstance that Lawrence was able, after injury, to continue working for Plainfield. Lawrence asserts that computing Lawrence's average weekly wage by including her earnings from Plainfield, in the manner required by the WCAB, results in Prompt's share being eighty-three percent, with the further result that Prompt is required to pay the entire benefit and the Second Injury Fund nothing. Subsection 372(1) (see n 9 for text) provides that if the employment that caused the personal injury provided more than eighty percent of the injured employee's average weekly wages at the time of the injury, the employer is liable for all the weekly benefits. Lawrence points out that Prompt has not appeared in this Court, and asserts that Prompt does not seek reimbursement from the fund.
The Second Injury Fund contends that the issue may not be moot, and that it may, under the Court of Appeals opinion, have reimbursement liability to Prompt. It further contends that even if an issue is moot, this Court may address the issue if it is of public significance and is likely to recur, yet may evade judicial review, citing In re Midland Publishing Co, Inc, 420 Mich 148, 151-152, n 2; 362 NW2d 580 (1984), and Pearson v Macomb Co Election Comm, 199 Mich App 170, 171; 500 NW2d 746 (1993).
This Court has decided to address this appeal on the merits.
The Second Injury Fund states that the issue is the
validity of imposing reimbursement liability on the fund pursuant to §372 "for any portion of plaintiff's weekly workers' compensation benefit given her disability from the job [with Prompt] in which she was injured but not from her concurrent employment" with Plainfield.
The fund acknowledges that Lawrence has been found to be disabled, but argues that her "disability has been finally determined to extend only to her employment by Prompt, and not to her concurrent employment." It asserts that Lawrence has suffered no wage loss from her concurrent employment, and therefore "Prompt's obligation to pay weekly benefits is based solely upon [Lawrence's] wage loss, from Prompt." It argues that a worker is entitled to benefits only where there has been a loss of wage-earning capacity, citing statutory definitions of "disability"[11] and this Court's decisions in Sobotka v Chrysler Corp (After Remand), 447 Mich 1; 523 NW2d 454 (1994), and Michales v Morton Salt Co, 450 Mich 479; 538 NW2d 11 (1995), discussing "disability" and "wage loss."
The fund further contends that the purpose of the 1980 amendments were solely to address the inequity of the result of this Court's decision in Buehler v Univ of Michigan, 277 Mich 648; 270 NW 171 (1936), in which a worker was injured while working a part-time job and was disabled thereby from
both the part-time job and a full-time job, and yet was held to be entitled to benefits only on the basis of her earnings from the part-time job. The fund asserts that the Legislature did not intend that the 1980 amendments would apply except where, as in Buehler, the worker was disabled from all dual employment.
The parties agree that Lawrence was disabled—that she suffered a work-related injury in the course of her employment that resulted in some loss of wage earning capacity. The parties also agree that Lawrence was not disabled from her employment at Plainfield.
"Disability" and "wage earning capacity," as those terms are used in the act, are interrelated but different concepts. A worker is not entitled to benefits unless he is "disabled." "Wage earning capacity," in addition to other possible applications, plays a specific role in determining the amount of benefits in a partial disability case.
Because Lawrence retained some ability to work, Lawrence was properly determined by the magistrate and the WCAB to be partially disabled. The amount of her benefits is, accordingly, to be determined under §361. Pursuant to §361, Lawrence is entitled to her preinjury "average weekly wage" less the wages she is "able to earn" after the injury.
The "average weekly wage" is to be determined under subsection 371(2) of the WDCA, which provides:
As used in this act, "average weekly wage" means the weekly wage earned by the employee at the time of the employee's injury in all employment, inclusive of overtime, premium pay, and the cost of
living adjustment, and exclusive of any fringe or other benefits which continue during the disability.
As the fund contends, this section was amended in 1980 to overrule the result in Buehler by providing in subsection 371(2), that the "'average weekly wage' means the weekly wage earned by the employee at the time of the employee's injury in all employment."[12] (Emphasis added.)
Neither the definition of "disability" nor judicial decisions opining concerning what constitutes "wage loss" are pertinent in determining the "average weekly wage" once it is determined, as it was here, that the worker is disabled. When disability has been determined, the computation of the average weekly wage is statutorily prescribed in § 371 and does not involve a further determination or redetermination of the extent of the worker's disability in dual employment. In enacting that the "average weekly wage" means weekly wages earned by the worker at the time of his injury "in all
employment," the Legislature did not distinguish between dual employment in which the worker was injured or disabled and dual employment in which he was not injured or disabled.
The WCAB was therefore correct in concluding that Lawrence's wages from both Prompt and Plainfield should be included in her "average weekly wage."
The second phase of the calculation of benefits for a partially disabled worker requires a determination of the wages that Lawrence was "able to earn" after the injury. This Court has said:
[W]age earning capacity . . . is a complex of fact issues which are concerned with the nature of the work performed and the continuing availability of work of that kind, and the nature and extent of the disability and the wages earned. [Pulley v Detroit Engineering & Machine Co, 378 Mich 418, 423; 145 NW2d 40 (1966); Sobotka v Chrysler Corp (After Remand), 447 Mich 1, 22; 523 NW2d 454 (1994).]
The fund and the author of the dissenting opinion would make wages actually earned following the injury the sole determinant of earning capacity. This Court has rejected this approach:
[I]f the bare elements of proof of what the employee was paid were construed as establishing his "earning capacity" the whole purpose of the act would be vitiated. [Pulley at 423.]
Wages alone can overvalue an employee's worth in the labor market if they are temporary and inflated, or undervalue it if he is employed at work below his skill level. The full severity of an injury may not reveal itself immediately after it occurs, or an employee may struggle along with the injury before determining it is impossible to go on.
Potential ability to work, if uncoupled with an actual opportunity to exploit that potential, leaves the employee unable to earn wages. In this case, the range of activities Lawrence is physically able to perform has been severely limited. Only a small fraction of available jobs will be as suitable for her as was her sedentary work at Plainfield. Thus, although Lawrence, immediately after the injury, actually continued to earn wages at her part-time summer job at Plainfield, it does not follow that she was "able to earn" replacement wages, as that term is used in the act.
While Lawrence continued to be employed during the summer of 1985 in her part-time sedentary job, her injury incapacitated her from other employment requiring walking, standing, and bending. Lawrence's job with Plainfield was a part-time summer job which, in all events, came to an end two years later when this drive-in, like most drive-ins, closed permanently. The record indicates that Lawrence was diligent in seeking other employment, with the result that Prompt was entitled to substantial credits for wages earned by her in such other employment.
The purpose of the 1980 amendment was to assure that a disabled worker who, like Lawrence, had been engaged in dual employment before the injury, would be entitled, as set forth in §361, to benefits equal to eighty percent of the difference between her after-tax average weekly wage from dual employment before the personal injury and the after-tax average weekly wage that she is "able to earn" after the
personal injury.[13]
The WCAB order returned this case to the magistrate to determine the wages Lawrence "has actually been able to earn" since the injury. Although Prompt would be entitled, pursuant to §361, to a reduction of its liability for any wages Lawrence actually earned, the WCAB order does not require the magistrate to determine whether Lawrence retains any residual earning capacity, which also would reduce the amount of the award, but not Prompt's liability.
In sum, the wages Lawrence is "able to earn" is a question of fact, to be resolved by the magistrate after considering the full range of factors set forth above. The amount of wages Lawrence is able to earn is neither constrained nor controlled by the wages she actually earned following the injury.
The final issue is the apportionment of liability for benefits. Apportionment in a dual employment situation is controlled by subsection 372(1)(b), which provides:
If the employment which caused the personal injury or death provided 80% or less of the employee's average weekly wage at the time of the personal injury or death, the insurer or self-insurer is liable for that portion of the employee's weekly benefits as bears the same ratio to his or her total weekly benefits as the average weekly wage from the employment which caused the personal injury or death bears to his or her total weekly wages. The second injury fund is separately but dependently liable for the remainder of the weekly benefits.
The parties agree that Prompt is required to pay the
entire amount of the award if the portion of her average weekly wage resulting from her employment with Prompt is more than eighty percent of the average weekly wage computed by including Lawrence's wages from both employments.
The WCAB appears to have construed § 372 to mean that the Second Injury Fund should bear some portion of the liability for benefits payable to Lawrence, even if the magistrate determines that she has not lost any earning capacity in respect to the wages received from Plainfield:
Calculation of the Fund's obligation to reimburse Prompt Answering requires the calculation of the employer's percentage and the Fund is "separately but dependently liable for the remainder." The numerator of the ratio is "the average weekly wage from the employment which caused the personal injury" . . . . The denominator is plaintiff's "total weekly wages" which is to be determined according to [§371], as we have set forth above. This ratio is the employer's percentage and the remainder (or, mathematically, 1 minus the employer's percentage) is the Fund's percentage. [WCAB op, p 19.]
This construction of the act exposes the fund to liability for benefits being paid solely to compensate Lawrence for the incapacity to earn the wages paid by Prompt.
The legislative history of subsection 372(1)(b) is clear that the Second Injury Fund is liable only if the employee experiences wage loss from employment other than that in which the injury occurs, and that employment contributed more than one-fifth of the employee's average weekly wage.[14]
Section371 was enacted to include "all employments" in an effort to remedy the perceived injustice of this Court's decision in Buehler. At the same time, the Legislature amended §372 to apportion liability between the injury-employer and the Second Injury Fund. Such apportionment places responsibility on the injury-employer for the wages that were lost while the worker was in its employ, yet protects that employer from loss for hiring a worker with concurrent employment.
The approach stated by the WCAB threatens to distort the balance struck by the Legislature. Because the WCAB formula would apportion liability between Prompt and the fund in proportion to the wages paid by Prompt and Plainfield before the injury, without regard to whether Lawrence lost earning capacity in respect to wages received from Plainfield, the WCAB potentially released Prompt from the full burden of compensation that the Legislature intended that it, and it alone, should bear. Accordingly, if the magistrate determines that Lawrence did not lose her capacity to earn the wages she
earned at Plainfield, Prompt and Prompt alone must bear the full responsibility for paying benefits and compensating Lawrence.
We construe §372 to require the employer under whom the injury occurred to pay the portion of the benefits equal to the ratio that the wages paid by the injury-employer for which benefits are payable bears to the total wages for which benefits are payable. Thus, the fund is only subject to liability for benefits in respect to the wage-earning capacity lost at the concurrent employment.
The Second Injury Fund's responsibility will arise only if Prompt's contribution to the average weekly wage, computed by including the wages from both employments, is determined to have been less than eighty percent. In that case, Prompt will be solely responsible for shouldering the burden of the benefits attributable to its share of the wages for which Lawrence is receiving benefits, but is entitled to reimbursement from the fund for any additional benefits, because, in the language of the statute, "the Second Injury Fund is separately but dependently liable for the remainder of the weekly benefits."[15]
Affirmed in part, reversed in part, and remanded to the magistrate.
Brickley, C.J., and Cavanagh, J., concurred with Levin, J.
v ———– No. 99983
COMPANY, PROMPT/DeBONTE, OHIO
DISTRIBUTORS and TRANSAMERICA
BOYLE, J. (concurring in part).
I agree with parts I, II, III(A), and IV of the lead opinion. Given that the parties have not presented arguments involving the relationship between "disability," "earning capacity," and wages the employee is "able to earn," I express no opinion regarding the remainder of part III of the lead opinion. The parties do not dispute application of § 361,[1] and I therefore agree that a remand to the magistrate for application of § 361 is proper.
Mallett, J., concurred with Boyle, J.
v ———– No. 99983
COMPANY, PROMPT/DeBONTE, OHIO
DISTRIBUTORS and TRANSAMERICA
WEAVER, J. (concurring in part and dissenting in part).
I concur with the majority holding that the Second Injury Fund is only liable under § 372, the apportionment provision of the Worker's Disability Compensation Act, "if the employee experiences wage loss from employment other than that in which the injury occurs, and that employment contributed more than one-fifth of the employee's average weekly wage." Slip op at
13.Section 372 is simply not triggered if there is nothing to apportion.
However, I dissent because I believe that it is not necessary to remand this case. The magistrate found that the plaintiff's injury rendered her compensably disabled from one employment but not compensably disabled from her concurrent employment. The magistrate correctly concluded that plaintiff was partially disabled because she retained a wage earning capacity in work suitable to her qualifications and training. Further, the WCAB agreed with these findings and conclusion.[1] I believe that the majority's decision to remand is functionally equivalent to a reversal of the finding of partial disability because it ignores both the magistrate's and the WCAB's findings that the plaintiff retained a wage earning capacity.
The magistrate already explored the "complex of fact issues" that informs the analysis of "wage earning capacity." The majority's attempt to cleave the concept of "wage earning capacity" from the concept of "disability," slip op 7-8, undermines the legislature's unmistakable intent to define compensability by a marriage of those very concepts: "`disability' means a limitation of an employee's wage earning capacity in work suitable to his or her qualifications and training resulting from a personal injury or work related disease." MCL 418.301(4); MSA 17.237(301)(4). See Michales v Morton Salt Co, 450 Mich 479, 490; 538 NW2d 1 (1995). While
it is true and very regrettable that this plaintiff's activities are "severely limited," slip op at 11, this fact does not force reconsideration of the magistrate's conclusion that this plaintiff retained a wage earning capacity at sedentary employment.
Furthermore, including wages from "all employment" in the definition of average weekly wage under § 371(1) did not change the basic definition of compensable disability. The addition of "all employment" in 1982 was intended to address the inequity of prior case law, as discussed by the majority opinion. Slip op at 10. Prior case law did not consider wages earned at a second job even when the injury affected the employee's wage-earning capacity at the second job.[2] The addition of the "all employment" resolved that very specific problem.[3]
In this case, the magistrate found that the plaintiff is not compensably disabled from sedentary employment. In other words, she retains a wage earning capacity in work suitable to her qualifications and training: she is still fully able to earn wages at a similar sedentary job. It is also clear that the subsequent loss of the sedentary job was unrelated to
plaintiff's compensable disability. It is fundamentally inconsistent with Michigan's wage-loss system to compensate an employee when the subsequent loss of a second job is in no way related to her compensable disability and when she retains a wage earning capacity for other work comparable to the second job.
Whether the eventual closing of the drive-in was inevitable is not relevant to the determination of the employee's earning capacity and, further, it is not the purpose of the Michigan's Worker's Disability Compensation Act to serve as another form of unemployment insurance.
I would reverse the judgment of the Court of Appeals and reinstate the decision of the magistrate as modified by the WCAB and to the extent that it is consistent with this opinion.
Riley J., concurred with Weaver, J.
Lawrence v Toys R Us
William R. Farley [3501 Lake Eastbrook, SE, Suite # 220, Grand Rapids, MI 49546] for the plaintiff.
Stephen C. Oldstrom [99 Monroe Ave., N.W. # 900, Grand Rapids, MI 49503-2639] for Toys R Us.
Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, Ray W. Cardew, Jr. and Morrison Zack, Assistant Attorneys General [1750 Michigan Plaza Building, 1200 Sixth Street, Detroit, MI 48226], for the Second Injury Fund.
)204 Mich App 498; 516 NW2d 114 (1994).
)MCL 418.371; MSA 17.237(371). See n 12 for text.
)MCL 418.372; MSA 17.237(372). See n 9 for text.
)See n 12 for text of subsection 371(2).
)The knee had earlier been injured in July, 1982, during Lawrence's employment with Toys-R-Us.
Lawrence began working for Prompt in January, 1983, and for Plainfield in the summer of 1983. She continued to work for Plainfield during the summers of 1984 and 1985.
While the incapacity for work resulting from a personal injury is partial, the employer shall pay, or cause to be paid to the injured employee weekly compensation equal to 80% of the difference between the injured employee's after-tax average weekly wage before the personal injury and the after-tax average weekly wage which the injured employee is able to earn after the personal injury, but not more than the maximum weekly rate of compensation, as determined under section 355. Compensation shall be paid for the duration of the disability. [MCL 418.361(1); MSA 17.237(361)(1) (emphasis added).]
If an employee was engaged in more than 1 employment at the time of a personal injury or a personal injury resulting in death, the employer in whose employment the injury or injury resulting in death occurred is liable for all the injured employee's medical, rehabilitation, and burial benefits. Weekly benefits shall be apportioned as follows:
(a)If the employment which caused the personal injury or death provided more than 80% of the injured employee's average weekly wages at the time of the personal injury or death, the insurer or self-insurer is liable for all of the weekly benefits.
(b)If the employment which caused the personal injury or death provided 80% or less of the employee's average weekly wage at the time of the personal injury or death, the insurer or self-insurer is liable for that portion of the employee's weekly benefits as bears the same ratio to his or her total weekly benefits as the average weekly wage from the employment which caused the personal injury or death bears to his or her total weekly wages. The second injury fund is separately but dependently liable for the remainder of the weekly benefits. The insurer or self-insurer has the obligation to pay the employee or the employee's dependents at the full rate of compensation. The second injury fund shall reimburse the insurer or self-insurer quarterly for the second injury fund's portion of the benefits due the employee or the employee's dependents. [MCL 418.372(1); MSA 17.237(372)(1) (emphasis added).]
)450 Mich 852 (1995).
As used in this chapter, "disability" means a limitation of an employee's wage earning capacity in work suitable to his or her qualifications and training resulting from a personal injury or work related disease. The establishment of disability does not create a presumption of wage loss. [MCL 418.301(4); MSA 17.237(301)(4).]
As used in this act, "average weekly wage" means the weekly wage earned by the employee at the time of the employee's injury in all employment, inclusive of overtime, premium pay, and cost of living adjustment, and exclusive of any fringe or other benefits which continue during the disability. Any fringe or other benefit which does not continue during the disability shall be included for purposes of determining an employee's average weekly wage to the extent that the inclusion of the fringe or other benefit will not result in a weekly benefit amount which is greater than 2/3 of the state average weekly wage at the time of injury. The average weekly wage shall be determined by computing the total wages paid in the highest paid 39 weeks of the 52 weeks immediately preceding the date of injury, and dividing by 39. [MCL 418.371(2); MSA 17.237(371)(2) (emphasis added).]
)See n 8 for text.
)The Senate Analysis of the bill enacting the apportionment provision states:
[T]he employer in whose employment the injury occurred will be liable . . . for all or part of the amount of the regular weekly disability . . . benefits payable to the employee . . . , with the Second Injury Fund assuming liability for the remaining amount of the weekly benefits payable to the employee. . . . If the employment which caused the injury . . . provided more than four-fifths of the employee's average weekly wages from all employments at the time of the injury, that employer . . . will be liable for the full amount of the regular weekly benefits. If the employment which caused the injury . . . provided four-fifths or less of the employee's total average weekly wages at the time of the injury, then the employer will be liable for a percentage of the employee's average weekly wages provided by that employment. [Senate Analysis Section, SB 1044 (Second Analysis), January 7, 1981, pp 3-4 (emphasis added).]
)Subsection372(1)(b). See n 9 for text.
)The WCAB substantially modified the magistrate's opinion, but did not clearly order a remand.
)See, e.g., Buehler v Univ of Michigan, 277 Mich 648; 270 NW 171 (1936).
)The legislative analysis makes clear that the "average weekly wage will be calculated as the weekly wage earned by the employee in all employments at the time of the injury and will include overtime pay, premium pay, and cost-of-living adjustments but will not include fringe or other benefits which continue to be received by the employee during a disability." Senate Analysis Section, SB 1044 (Second Analysis), January 7, 1991. The list of exclusions does not address the status of earnings from concurrent employment not affected by the disability.


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HOUSTON – Will Bruin is going to have to come up with a new goal.
The Houston Dynamo striker aimed to score eight goals in 2012. Fifteen games into the season and the second-year striker already has nine tallies, which is already good for the fourth highest single-season goal total in franchise history. His exploits are providing the type of go-to scoring that is putting other teams in MLS on alert.
WATCH: Bruin brace leads Dynamo back
"Will's been great, there's something to say about a confident forward and a guy who has some swag," defender Bobby Boswell said about his teammate. "I don't know if you'd ever say if Will has that pretty-boy swag that you have in the rap songs, but he's got a swagger about him that he's going to score goals and other teams aren't handling it well."
Bruin, 22, has shown that confidence in spades early in 2012. He is finding chances, finishing well, and, as always, working tirelessly.
That effort and production is meriting legitimate talk about being an All-Star and breaking the franchise record of 13 goal, set by Brian Ching in 2008. He is also starting to put himself in some quality company as the 6-foot-2 hitman's production has him tied for third on the MLS goals scored list alongside international star Thierry Henry.
While the talk is ramping up regarding Bruin's star being on the rise, the forward is making sure to keep his feet firmly on the ground. It's a trait that he believes is a key part to his second year success.
"Last year it would've got to me, but this year I've learned that you can't really listen to what people say," the striker said. "I'm a lot stronger mentally compared to last year. I'm all better for it this year and I just don't let things get to me anymore.
"My job is to go out and score," Bruin continued. "I've been getting a lot of good service and they've been making it easy on me."
While Bruin is finding motivation in just "doing his job," Boswell has a differing opinion on why the striker has blossomed in year two.
"I think he was tired of us defenders talk a lot of trash about being Golden Boot winners," said Boswell, who with fellow defender Geoff Cameron and Bruin, was one of four players to lead Houston with five goals in 2011.
"He's made it tough for anyone to catch him this year," Boswell continued. "I think last year he felt like he could've scored a lot more goals than he did. I think he's finding himself in front of the goal and this year he's putting them away."
Darrell Lovell covers the Houston Dynamo for MLSsoccer.com.

subset: commoncrawl


text:
I got a ZA warning that Firefox was unstable and would have to be shut down. Now, although I can access the web, neither IE or FF work. They can open on a blank page, but when I type in an address, the browser page closes. In Firefox, I get the request to send a crash report and am then asked if I want to restore the closed session or start a new one. As soon as I try to get to an address, the situation repeats itself. Any ideas?
BTW, I'm on dial-up.
I un-installed ZA to no effect.
I tried to refresh my IP address, ditto.
I un-installed Firefox and then re-installed it. No luck.
I un-installed my ISP server and reloaded it, too. No luck.
I'm waiting on my ISP server tech support, but they also suggested I try here.


text:
by Dana Velden
Risotto is one of those delicious dishes that not enough people make at home because it has a reputation for being fussy and time consuming. If you make it the traditional way, you have to spend about 20 to 30 minutes at the stove, all of it hands-on time as you stir and add stock, stir and add stock, stir and add stock.
What about a delicious, creamy risotto in about 12 to 15 minutes that includes some precious hands-off time? If that interests you, then you'll want to try making risotto in a pressure cooker. Read on for the recipe.
The pressure cooker method begins just like the traditional method with sautéing the onions and toasting the rice. After you spend about 5 to 6 minutes on this, things will take a very different turn. First, all of the liquid is added at once, and then the lid of the pressure cooker is snapped on and the pot is brought to high pressure. (Hint: If you heat the stock while you sauté the rice, it should come to pressure in about 2 minutes, if not less.) Pressure cook for 6 minutes and quick release by either running the pot under cold water or pressing the quick release valve. In the final minute or two, we are back in traditional mode when we stir in butter, parmesan or any herbs as a final seasoning.
One of the challenges with pressure cooking is that you are not able to keep an eye on things and adjust the timing while your food is cooking. Everything is locked in tight behind the heavy duty lid and there's no peeking allowed! Because there are so many variables in risotto (such as the quality of the rice, how dry it is, the way your pressure cooker functions, and so on), I only pressure cook it for 6 minutes -- a minute less than most recipes. That way, I can do some final tinkering if needed and I don't have to worry about overcooking the rice.
If the rice is a little undercooked or too soupy, it only takes a minute or two of further cooking and stirring with the lid off to bring it to the right consistency. Keep the flame at medium and stir until it is just a tad too soupy (the rice will continue to absorb liquid as you add the final touches and plate it).
If the rice has absorbed all the liquid and has separated into dry, individual grains, add some more stock or water. Stir over medium heat until it is just a little soupy but has started to bind together in a creamy emulsion. Then add the final touches and plate.
Classically, risotto is finished with a knob of butter and parmesan cheese just before serving. This is an important step to add a final note of creaminess and flavor. This is also a good time to add in fresh herbs, if you are using them.
The recipe below is basically a risotto alla milanese, which is simply flavored with onions (or shallots), saffron and parmesan. This simplicity is a big part of its charm and specialness. However, if you are interested in adding vegetables to your pressure cooker risotto, I have to warn you that it can get a little tricky. If they are already cooked, then stirring them in the end during the final touches stage is easy. But if you want to cook the vegetables along with the rice and stock, then you have consider the vegetables as part of the liquid, as they are often 95 percent water.
I recommend doing a simple, non-vegetable risotto like this one first so you have the basic method under your belt before adding the complexity of vegetables (or even proteins such as shrimp or chicken). That said, stirring in defrosted frozen peas at the butter stage of this recipe is a delicious variation!
15-Minute Risotto in a Pressure Cooker Recipe
Makes 4 main course servings.
4 cups of chicken stock (or more if needed)
1/4 cup olive oil
1 medium yellow onion, diced
2 cups of Arborio rice
1/2 cup of wine
Large pinch of saffron (about 1 teaspoon)
1 or 2 tablespoons of butter
1 cup grated parmesan, divided
Fresh thyme or parsley (optional)
Measuring cups and spoons
Sauce pan
Pressure cooker (6 quart or larger)
Wooden spoon
Be sure that all your ingredients are prepped, measured, and ready to go. Place your stock in a saucepan under low flame to gently heat.
In the pressure cooker, add the olive oil and onion, along with a good pinch of salt. Sauté over medium heat until the onion is translucent, about 3 minutes. Add the rice and continue to stir another 2 or 3 minutes, or until the rice is just slightly toasted.
Add the wine to the pot (careful, it may splatter!), followed by the saffron, and stir until it has been absorbed, about 1 minute.
Add all of the stock, secure the lid on your pressure cooker, and bring up to high pressure using high heat.
Start your timer for 6 minutes. Lower the heat to maintain the pressure and cook for 6 minutes.
After 6 minutes, release the pressure using a quick method: either by running cold running water over the cooker or pressing the quick-release valve on your cooker. Carefully remove the lid to avoid the steam and return the cooker to the stove.
If needed, cook the risotto further to absorb the stock or add more stock (or water) if too dry. While the risotto is still a little wet, add the butter and 1/2 of parmesan. Stir. Taste to see if it needs more salt. Remove from heat and stir in fresh herbs, if using, reserving a few for garnish.
Serve the risotto in a low-sided platter or bowl, or spoon into individual bowls. Garnish with remaining parmesan and any fresh herbs.
Risotto in a Pressure Cooker Recipe, Italian Cuisine
Available at Amazon.com: The French Kitchen Cookbook: Recipes and Lessons from Paris and Provence


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side note why is it ok for Pittsburgh to draft Cordy Glenn or Osemele at 24 but it's outrageous for the Jets at 16? it's only 8 slots
listed alphabetically
Mike Adams, Ohio State
Levy Adcock, Oklahoma State
Cordy Glenn, Georgia
Kelechi Osemele, Iowa State
Brandon Mosely, Auburn
Zebrie Sanders, Florida State
first disclaimer I am not necessarily advocating a pick of these players at 16. these More likely to be 2nd or even 3rd round targets.
however it is possible that one of these names could prove themselves Rt candidates worthy of the pick.
second disclaimer we don't really know of a couple of these players can play right tackle. workouts and senior bowl could answer that question as well. these guys might be guards at the next level.
right now It's hard to say but Osemele and Glenn seem ground and pound.
Last edited by bitonti; 01-17-2012 at 09:58 PM.
side note why is it ok for Pittsburgh to draft Cordy Glenn or Osemele at 24 but it's outrageous for the Jets at 16? it's only 8 slots
8 slots is relative. 8 slots in the 7th round is insignificant. 8 slots in the 1st round - and the very part of the first round where the talent dropoff is greatest - is astronomically higher.
Adams 2nd round.
I'm gonna bump the Cordy Glenn interview.
I WOULD take Cordy Glenn at #16 if there are no takers for us to trade back or any "impact" OLBs left at that spot that we (ie FO or fans) are in LOVE with.
Cordy Glenn can play up to 4 positions on the Oline and START RIGHT AWAY. with the amount of $$$ we have tied in the Oline (Moore,Brick,Mangold) and STILL needing help/depth, he'd be an excellent upgrade at a reasonable price w/the the new CBA for rookies.
Glenn = MONSTER who is VERSATILE VERSATILE VERSATILE
What about Levy Adcock from Ok St.
Definitely a road grading type of RT.
I would have no issue drafting a stud RT *cough* glenn *cough* at 16. I also wouldn't mind drafting a Guard with the second round pick. If you can get a top notch O-line, that will go a long way in solving some of the Offensive issues. Although It won't be the sexy pick and it wouldn't help right away, it a couple of years, the jets will be Stout on Offense.
let me also add the vet FA market for RT is flat out awful. Bell was injured all year. Brown sucks. McKensie is old. Drafting a RT really might be the best way forward.
I'd take Zebrie in the 2nd or Levy Adcock in the 3rd.
Prefer Adcock/Osomele in the later rounds


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Maggie Doherty '04 Named Patron Services Manager for Glacier Symphony and Chorale
January 21, 2012
"Maggie Doherty has been hired as patron services manager at Glacier Symphony and Chorale," reports the Daily Inter Lake of Kalispell, Montana. "Doherty will manage the box office, including subscription ticket sales and services, as well as recruiting, training and coordinating volunteers for concerts and events. She also will be responsible for coordinating special events."
The text notes that Doherty "graduated in 2004 with a Bachelor of Arts degree in English writing from DePauw University and is working on her Master of Fine Arts degree in creative writing at Pacific Lutheran University ... Her past nonprofit experience includes a board position with the Bob Marshall Wilderness Foundation and volunteer editorial assistant for the Whitefish Review literary journal."
Doherty tells the newspaper, "I love what the symphony offers our community, and I'm thrilled to support it. I'm also attracted to the GSC because it has such a large volunteer base; from the musicians to the ushers, there's an extremely dedicated group of people who love the music and want to see the GSC flourish. I'm honored to be a part of this strong and talented organization and contribute my efforts."
Read more by clicking here.
Doherty is also a member of the U.S. Telemark Ski Team. You'll find details in this previous article.Back


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Newsweek: Rumors of Deals and Looming Layoffs
In your rumormongering Friday media column: rumors of Newsweek's bleak near future, another Rupert Murdoch paywall, buzzy broadcasters revealed, Dennis Kneale reportedly leaving CNBC, and Doug McKelway gets canned.
- The Newsweek rumor train rolls on! Pursuant to the earlier rumor today about combining the Daily Beast with Newsweek's digital operation: one source tells us the tentative plan is to fold in the Beast in exchange for 20% of Newsweek. Separately, another source tells us that a new round of layoffs at Newsweek will begin next Friday. The entire manufacturing and distribution operations will be outsourced (which we heard before). And those not laid off, we hear, may well end up training their replacements. The thinking at Newsweek (and you can't argue with the logic) is that new owner Sidney Harman will die soon, and at that point control of the magazine will pass to his wife, Congresswoman Jane Harman, and "the consensus is that that will be the end of it." It may take more than the historical Jesus to save them now. [Know more? Email me].
- Rupert Murdoch is erecting another online paywall! This time at shady, popular Brit tabloid News of the World, which has to pay for all those phone taps somehow, you know?
- Media critic Jon Friedman reveals which dozen TV broadcasters have "buzz." !!! Not to spoil it for you but yes, #1 is Jon Stewart, and pornographers are inexplicably excluded from the list. Does that answer your questions? I think it does.
- CNBC's blog-cursing wackadoodle Dennis Kneale is set to leave the network over salary issues, according to Jeff Bercovici.
- Outspoken gay punch-threatening DC newsman Doug McKelway has been fired for insubordination. SHOCKER DETAILS AT 11.


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HOUSTON - The trial for the fourth Houston police officer to face charges in the Chad Holley videotaped beating continued Wednesday, and the city's top cop took the stand for the prosecution.
Through three days of testimony, defendant Drew Ryser's family has shared the courtroom with community activists who believe Ryser should be convicted. Judge Rueben Guerro Wednesday warned spectators not to approach Ryser's family or use racial slurs.
On Tuesday, someone allegedly called Ryser's mother and brother racist pigs, and referred to another family member as a "child beater."
After hearing that, community activist Quanell X, who heads the local chapter of the New Black Panthers, says he personally apologized to Ryser's mother.
"I am very unhappy to hear that happened yesterday but I will do everything within my power to make sure that doesn't happen again," said Quanell X.
Prosecutors finished with their last witness Wednesday morning: Houston Police Chief Charles McClelland. He testified that video of the arrest of teenage burglary suspect Chad Holley showing Ryser kicking him on the ground is proof that Holley was mistreated.
"We just need to let the court run it's process," Chief McClelland said.
But the first defense witness, one of Chief McClelland's own officers, directly contradicted him. Lt. Timothy Kubiak was Ryser's supervisor on the HPD Gang Task force. Defense attorney Carson Joachim asked Kubiak, "Do you believe Drew Ryser mistreated Chad Holley on March 23, 2010?"
Kubiak answered, "He did not."
Kubiak said Ryser's actions were legal and justified. Though Holley was on the ground with his hands on his head, he allegedly resisted officers' attempts to handcuff him. Kubiak said under police protocol, Holley was considered a threat until his hands were cuffed behind him, and he'd been searched for weapons.
Ryser is charged with official oppression, a misdemeanor that carries a penalty of up to one year in jail.
Two other officers indicted in the Holley case pled no contest last year in exchange for two years probation. A third officer, Andrew Blomberg, was acquitted.
Copyright 2013 by Click2Houston.com. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.


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Federal authorities say Texas has far and away the largest number of firearms in the U.S. reported as lost or stolen.
The Bureau of Alcohol, Tobacco, Firearms and Explosives issued a report this week showing there were 18,874 firearms lost or stolen in Texas in 2012.
The figure amounts to 10 percent of the total national number.
The next closest state was Georgia with 12,906. Following in order were Florida, 12,571; California, 10,639; and North Carolina, 9,320.
Rhode Island had the fewest missing in 2012 with 226 followed by North Dakota with 273.
The bureau publishes the report annually as part of an effort by the administration of President Barack Obama to reduce gun violence. It's meant to increase transparency while providing additional data for law enforcement to share.


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Do We Need to Replace the Emmys?
Twenty television bigwigs have come together to start up a brand new awards show as a rival to the annual Emmy Awards. But do we really need to replace TV's biggest night?
The Paley Center for Media is interested in getting a show up and running by 2012, according to reports. The planning committee is being chaired by Steve Mosko, president of Sony Pictures TV; Tony Vinciquerra, the CEO of Fox Networks Group; and Dick Lippin, chairman of the entertainment marketing firm the Lippin Group. That's some major muscle behind the initiative. Potentially the new ceremony would take place in New York in May during the annual "upfronts," when the networks show their fall schedules to potential advertisers.
The idea of a new awards show is said to be a reaction to the Emmys' habit of handing out statues to programs that appear on ABC, NBC, Fox, and CBS. The networks are pissed, it seems, that they aren't living in the old days when Ted Danson could win for 600 years in a row for his hilarious turn on Cheers. (It's hard to compete with the niche programming of cable and the swear words of HBO, apparently.) But the execs working on the new awards show are also tossing around the idea of letting viewers pick some of the winners. This is a bad idea.
First of all, the last thing we need are any more awards shows. Viewers aren't tuning into the ones we already have, and adding another televised spectacle of masturbatory congratulations isn't going to serve anyone but people who work in the television industry. And letting viewers pick is not the answer. Rewarding excellence should not be left up to the idiot masses. If that were the case, Two and a Half Men and CSI: Omaha would sweep every category. And Justin Bieber would probably get a special award for his Proactiv commercial. We already collectively ignore the stupid People's Choice Awards, so why would we pay attention to this new red carpet rodeo?
Maybe it's the networks' fault they aren't winning more Emmys. ABC, CBS, NBC, Fox, and the CW don't even make original movies or miniseries anymore, so it's no wonder that HBO is practically guaranteed all those victories. As for dramas, the only hour-long programs that networks seem willing to make are cookie-cutter procedurals that are practically indistinguishable from one another. The networks are still tops in comedy and took home all but one of the Emmys last year (Showtime's United States of Tara netted Toni Collette a golden lady). If the networks want to see their names on the inside of some envelopes, maybe they should make some good movies or work on producing a drama with a bit of edge?
It's not like the Emmys are perfect. They still tend to give out nods to the same shows and performers year after year, but they're getting better. Without the Emmys, it's unlikely we would have been treated to the prolonged life of Mad Men, Breaking Bad, Damages, or, famously, Arrested Development, which, mind you, was a network sitcom. And while there is always room for improvement, it's hard to see how adding a competitor to the mix is the solution. It's just going to give us all one more awards show to complain about.


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Lien was seen leaving his building with a woman believed to be his mother or mother-in-law shortly after noon on Friday.
The two did not answer Nina Pineda's questions, before entering a high-rise building in Manhattan.
Four of the bikers accused of taking part in the attack on an driver on the Henry Hudson Parkway are appearing in court Friday.
The court dates come as investigators work to determine what role other bikers may have played in the assault.
Bikers Reginald Chance, Clint Caldwell and Craig Wright, as well as Officer Woljciech Braszczok, are or will be appearing.
Chance was in court Friday morning and became the second person indicted in the case after Robert Sims, allegedly seen on video opening the door of the SUV and later beating the driver, was indicted Thursday.
Braszczok was next, entering and leaving court with a hoodie over his face. His case was adjourned until February to give him a chance to testify before a grand jury.
Caldwell appeared next, and his attorney says he will testify before a grand jury next week, so he was not yet indicted.
Wright was expected to appear in the afternoon.
Suspect James Kuehne, who prosecutors say struck SUV driver Lien over and over with his motorcycle helmet, was in court Thursday. His attorney pleaded not guilty, saying his client is distraught over the accusations.
Sims, Kuehne, Wright and Caldwell are all accused of assaulting Lien after he ran over a fellow biker, Edwin Mieses Jr., who suffered leg and spine injuries and may be paralyzed.
Lien told police he feared for the safety of his wife and 2-year-old daughter, who were in the Range Rover with him.
Braszczok, Chance and Christopher Cruz also face charges, but prosecutors say they did not participate in the assault.
There may have been two other officers riding in the group, as well.
Uniformed officers, even off duty, are expected to jump in if a crime is occurring, but rules are murkier for undercover officers, who face blowing their covers if they come forward.
Lien hasn't been charged with any crime.
Meanwhile, some bikers are suggesting Lien, knowingly or not, instigated the confrontation off-camera earlier by clipping one of the bikes.
Authorities are looking into everything that unfolded along the ride's path from lower to upper Manhattan, including the possibility a motorcyclist hit the SUV, not the other way around, and broke its side mirror before the encounters on the video, said a law enforcement official, who hadn't been authorized to discuss the inquiry and spoke to The Associated Press on the condition of anonymity.
Investigators are looking for other helmet-camera videos of the ride, which spurred 911 calls about the bikers' behavior before the SUV driver's beating.
Gloria Allred, the attorney representing Mieses, claims Lien bumped another motorcycle while changing lanes 2 to 3 miles before his SUV knocked into Cruz.
"We have evidence that he hit that (first) bike and didn't stop," Allred said by phone.
Mieses, of Lawrence, Mass., didn't see any earlier encounter but got off his motorcycle to defuse the tense situation and was headed back when he was hit from behind by the SUV, she said. He broke his legs and suffered a spine injury and likely is paralyzed, his family has said.
Allred declined to say what other witnesses had contacted her, but another biker who participated in the rally, Louis Castaldo, gave a similar account in another interview.
Castaldo said that when bikers tried to approach Lien's Range Rover, Lien "decides to run over three or four people. ... He should have just apologized."
Images made public have painted a narrative that begins with Cruz, of Passaic, N.J., pulling in front of the black Range Rover and decelerating to the point where the vehicle bumps his back tire.
Cruz, since his arrest on reckless endangerment and other charges, has insisted he looked over at the driver only to change lanes and didn't deliberately slow down. He didn't see any prior interaction that may have happened between the SUV and the motorcyclists, said his attorney, H. Benjamin Perez. Cruz waited on the highway for police when other riders chased after Lien, Perez said.
"He's treated as though he orchestrated this entire event," Perez said. "It's crazy."
Click here to watch the original video on YouTube.
(The Associated Press contributed to this report.)


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The Chelsea Ballroom of the Cosmopolitan in Las Vegas is known for intimate New Year's Eve shows with big-name artists. To ring in 2011, Coldplay with special guest Jay-Z performed in the room. To celebrate the arrival of 2012, the legendary Stevie Wonder topped the bill. It's now been announced that L.A. punk-funk rock legacy act the Red Hot Chili Peppers are scheduled to do the honors of bringing in 2013 at the Vegas venue.
Fans will want to plan ahead in order to take part in the revelry. According to Pollstar, general admission tickets for the show go onsale this Friday (Sept. 7) at 10 a.m. PT for a cool $150 per ducat (not including service charges and fees), and should move pretty fast. High rollers looking for VIP access, which will be limited, should contact the Cosmopolitan directly regarding vacation packages, bottle service and prime viewing areas.
For Chili Peppers fans who will be in the area but unable to make it inside, The Cosmopolitan will treat the Vegas Strip with a live broadcast of the show on the resort's outdoor digital marquee.
The band's current world tour finds the Chili Peppers performing in Greece, Beirut and Lebanon leading up the NYE date, followed by shows in Australia and South Africa in early 2013.
–Scott T. Sterling, CBS Local


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Aftermath is the fourth Expansion Pack for Battlefield 3's Multiplayer. It is currently being released throughout December 2012. This expansion pack is set in a post-earthquake environment, and will add many new items to the game. This DLC will feature:
- New Weapon
- New Maps
- New Vehicles
- New Game Mode
- New Assignments
- New Achievements / Trophies
EditRelease Dates
Like the last DLC pack, Aftermath will have four different release dates, depending on the console and if you have Battlefield 3 Premium
|PS3 Premium Service
|November 27, 2012
|PC and 360 Premium Service
|December 4, 2012
|December 11, 2012
|PC and 360
|December 18, 2012
EditLaunch Trailer
Top Wiki Contributors
Need assistance with editing this wiki? Check out these resources:
What Links Here
DLC & Expansions | Multiplayer Maps | Rush | General | Squad Rush | Team Deathmatch | Squad Deathmatch | Conquest | Conquest Assault


text: Did Star Trek need a reboot? Well it sure needed something. I'm not the biggest fan of JJ Abrams, but the cast is great which helps a lot. These are fun, summer action flicks and have to appeal to a larger audience than Trek fans. This is obvious. Aside from two huge plot contrivances in the 2009 flick (which were lazy writing, Star Trek or not), whatever bugs me about these films does so on a cheesy fanboy level and not worth mentioning. If I have fun, then I'll get my money's worth. I'd love to see "classic timeline Trek" again, but until that happens, this is all we've got on screen.


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Family villas are organised in a linear fashion following the natural contours of the valley and stream which provides a boundary to the rear of the development. Extensive landscaped areas, mature trees and use of space is as generous as the leafy setting. Whatever type of home you choose to live in at Statenicky Mlyn you can be sure that its cosmopolitan style, design and quality of specification equals the best in Europe.
A collection of 32 luxury family homes, 21 town houses and 37 apartments set around a contemporary village square, close to the heart of Prague.
Amongst the proposed shops in the village square are a delicatessen, florist, drycleaner, cafe, patisserie, beauty spa, a waterside restaurant with terrace bar and a creche. A fully equipped gymnasium will be available for the residents' sole use.
The Czech Republic is a cool little landlocked country south of Germany and Poland, with a national addiction to pork and beer. Potatos, cabbage, and dumplings are close behind them, and they also have this great bar food called "utopenec." It means "a drowned man," it's pickled sausage with onions, perfect with some dark wheat bread and beer. The Czech bread is legendary, like a meal all by itself.Czechoslovakia first became a sovereign state in 1918 when it declared independence from the Austro-Hungarian Empire. The state of Czechoslovakia lasted until the "Velvet Divorce" of 1993, which created Slovakia and the Czech Republic.It was occupied by Germany in WWII but escaped major damage, unlike most other European cities. The nation's capital, Prague, retains some of Europe's most beautiful Baroque architecture as well as one of the largest medieval castle complexes still standing. The President of the Czech Republic has his offices in the Prague Castle even today.There was a coup d'etat in 1948 and Czechoslovakia fell under Soviet rule. For fifty years Czechoslovakia was a Socialist state under the USSR, subject to censorship, forced atheism and even the arrest of jazz musicians!In 1989, communist police violently squashed a pro-democracy demonstration and pissed everybody off so bad that a revolution erupted over it, finally ending the Communist rule.The next twenty years saw rapid economic growth and westernization. Today in Prague you can eat at McDonald's or KFC, shop for snowboarding boots and go see a punk rock show.The Czech Republic took over the presidency of the European Union in January 2009. This instantly created lots of political drama because the President of the Czech Republic, Vaclav Klaus, is a renowned Euroskeptic.We anxiously await the outcome of "President Klaus vs. the Lisbon Treaty", a world heavywieght fight sceduled for spring 2009.Text by Steve Smith.


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These prices may relate to different types of room. Depending on the country, these prices may be shown before tax, inclusive of VAT, or inclusive of all taxes (VAT and tourist tax). Where prices are not shown inclusive of all taxes, the taxes (VAT and/or tourist tax) will be specified in the following steps of the booking process. Prices are not guaranteed until the booking is made.


text: Joshua Baker-LePain wrote: > On Mon, 11 Aug 2008 at 2:18pm, Jon Forrest wrote > >> Be that as it may, I consider this a bug in the 3ware BIOS. >> Every modern motherboard BIOS I've seen in the last 5 years, >> at least, has no problem booting from gigantic root partitions. >> Why should the 3ware BIOS be any different? I've opened >> a case with them to try to get to the bottom of this. > > Thanks very much for posting the conclusion of this tale here. I > definitely would consider that a bug in 3ware's BIOS, and I hope it's > something they'll fix. At least my experience with them has been good, and responsive. I suspect they'll get it right. gerry _______________________________________________ Beowulf mailing list, Beowulf at beowulf.org To change your subscription (digest mode or unsubscribe) visit http://www.beowulf.org/mailman/listinfo/beowulf


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IlliniPizza, These days I use Pomi strained tomatos- red.november
I have started to use that product as well - first class tomato products IMO
The garlic butter for "crazy crust", the stuff on the edge of the pizza was something different.
Thank you very much I'm pretty sure thats the first time anyone has said (although perhaps it was implied) to cover it with oil lol.
Place in the refrigerator in a lightly sealed container coated with olive oil. for overnight up to three days.
We'd put all the ingredients in the Hobart (the big mixer) and then break it apart into chunks of certain weights (anyone remember the weights? and what size pan corresponded to which weight?), we'd ball it to get a tight skin, put it on an oiled tray and brush the balls with the oil and put it in the walk in cooler.
I form the dough into a tight-skinned ball, put in an oiled proofing tin, press down on top of the dough to slightly flatten it, brush soybean oil on top and put in the fridge for about 24 hours.
At no point in the dough's life is it covered with anything but oil. Once the balls are formed and placed on the tray, oil is brushed on and the tray is placed on a rack inside the walk-in.
Can you or anyone else give us newbies a method for telling when the dough has been kneaded enough? I've heard that when you make an impression in a bread dough that if it fills it self back in that its ready. Does that apply to LC pizza dough?
The mixer was on a timer, and because the mixer is vastly different from the kind you would use, that knead time won't mean anything to you. The dough should be pliable and smooth. The impression test is mainly for determining when dough has fermented enough. No such test is performed at LC. You just pull the dough out within a certain window of time (1-3 days).
Hello I'd like to chime in on this. I am a big fan of LC pizza and I've read this forum all the way through three times and I've got dough in the fridge right now....My question is: Everyone here seems to agree that you leave the dough uncovered in the fridge for about 24hrs, then wont it be difficult to sheet/form after its done in the fridge? Wont it be like playing with play dough that sat out to long, little pieces of hard bits mixed in with the soft.Would some one please give us some clarifaction on this please.


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News & Events
For the Media
Raymond Skowyra Elected Clarkson University Trustee
[A photograph for media use is available at http://www.clarkson.edu/news/photos/rskowyra.jpg .]
Raymond L. Skowyra Jr. of Saint Paul, Minn., founder and principal consultant with Summit Associates, has been elected to Clarkson University's board of trustees. He will serve on the academic affairs and marketing committees.
Skowyra earned his MBA from Harvard Business School, and a bachelor of science degree in civil engineering from Worcester Polytechnic Institute.
Summit Associates is a technology marketing and business strategy consulting firm, which has helped companies ranging from start-ups to multinationals to develop and implement marketing and business strategies for the successful launch of new, technology-based products and services.
For the last several years, Skowyra has worked extensively in the information security industry and related computer networking businesses. His other client work has included projects with telecommunications equipment vendors & service providers, Internet services providers, storage networking vendors, and medical device makers.
Prior to Summit, Skowyra was a principal at Regis McKenna Inc., the seminal Silicon Valley technology marketing strategy consulting firm.
Before his consulting career, Skowyra held management positions in sales and marketing at ADC Telecommunications Inc., and engineering and marketing positions in the General Electric Company's turbine and plastics business units and GE's corporate consulting services.
Skowyra serves on the boards of several private companies and has had leadership roles with a number of high-technology industry organizations, such as the Minnesota High Technology Association, the International Engineering Consortium and LifeScience Alley.
He has also worked extensively on small company business issues in Minnesota with the Small Business Development Center at the University of Saint Thomas, where he was also an adjunct professor in the MBA program.
Skowyra is an Eagle Scout and has been active in scouting as an adult leader for many years. He is an avid backpacker and winter sports enthusiast.
He and his wife, Marianne Short, have a son, Nicholas, a member of the Clarkson class of 2011, and live in Saint Paul, Minn.
Clarkson University launches leaders into the global economy. One in five alumni already leads as a CEO, VP or equivalent senior executive of a company. Located just outside the Adirondack Park in Potsdam, N.Y., Clarkson is a nationally recognized research university for undergraduates with select graduate programs in signature areas of academic excellence directed toward the world's pressing issues. Through 50 rigorous programs of study in engineering, business, arts, sciences and health sciences, the entire learning-living community spans boundaries across disciplines, nations and cultures to build powers of observation, challenge the status quo, and connect discovery and engineering innovation with enterprise.


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I've always wanted to do a triathlon, except for all that cycling and swimming. A three-stage race with yoga, strength training and a fun run sounds way more my speed.
Jeans 4 Justice is filling this fitness void with a yoga-style triathlon in San Diego. Yes, it's called Yogathlon and it's coming to Liberty Station on Saturday, Sept. 21. The J4J team partnered with Yoga Six, in celebration of their one year anniversary in Point Loma.
The three-part challenge starts at 10:30 a.m. with a 45 min. FIT60 Sculpt session, which is a boot camp-style class taught by Y6 instructor Kristin Lovett. Next up is a 5K fun run course around NTC Promenade, followed by a one hour yoga and partner stretching class with Y6 instructor Lora Heiner. Activities will be held outside in the park, and all ages and fitness levels are welcome to participate.
It's a tough workout with serious meaning. Proceeds benefit Jeans 4 Justice, a local non-profit social change organization committed to ending sexual and relationship violence in our communities.
The event runs from 10:30 a.m. to 1:30 p.m., and on-site registration opens at 9 a.m. Tickets are $40 per person, $100 per team of three and $15 for kids under 15. You can pre-register online via stayclassy.org.
J4J & J6 Yogathlon
Saturday, September 21, 10:30 a.m. to 1:30 p.m.
Liberty Station: Yoga Six Studio & South Promenade
$40 for adults, $15 for kids
Tickets: stayclassy.org


text:
I'm 16, I like acting and music. I'm currently not writing much due to the constraints of life, but I hope to return to the land of literature soon.
Outside of the Harry Potter fandom, I like Doctor Who, it's spin-off, Torchwood, and Firefly/Serenity.
I like Romance and Dark/Angsty stories.


text:
I thought I'd wrap up my first spline lube this week end until I came to the part of re-installing the final drive.
I've been trying without success to get the splined shaft of the final drive to slide into the drive shaft.
Are there any tricks that make the job easier?
I'm working by myself which I'm sure does make it more complicated.
After 2 days of this I'm re-thinking chain drives!


text:
Both the Russellville Junior High football teams will be going for their first wins of the season tonight when West travels to Benton and East host Conway White.
Both teams are also looking for their first touchdowns of the season as both have been shutout in their two losses.
Kickoff for both games in 7 p.m.
West at Benton
Despite the loss last week to Conway Blue, the Whirlwinds showed improvement and that is good news to head coach Joey Jones.
"We lost 20-0, but I was real proud of our guys," Jones said. "They never hung their head and kept fighting. Something good will happen for this bunch this season."
Benton (1-1) is coming off its first loss of the season that was called after the first half against Vilonia due to lightning. They trailed 13-7 when the game was cut short.
"Benton is big and physical," Jones said. "They like to run out of the power-I, but they are a lot like us in that they use a lot of different formations. They still seem to run out of those formations, but they will throw the deep pass. We've had a lot of different things to prepare for this week."
West (0-2) had a good week of practice, according to their coach.
"The boys are starting to understand things better," Jones said. "The defense had a couple of defensive stands last week and they were real fired up about that. The offense moved the ball, but we need consistency."
Consistency is what the Whirlwinds will be looking for this week.
"Obviously, we've got to establish a good offensive drive and then finish it off," Jones said. "It will help our defense because most of our guys go both ways and never get off the field."
The coach reported that the Whirlwinds should be at full-strength as far as their health is concerned. Some players have bumps and bruises, but they will play through it.
Conway White at East
Conway White had its game last week postponed due to inclement weather and are 1-0 on the season after defeating Cabot in week one.
"They are going to run the same offense and defense that people saw last week (in West's game against Conway Blue)," East coach Jeff Terry said. "They are a very fundamentally sound team. They didn't make many mistakes in the Cabot game."
The Whirlwinds practice has been upbeat this week.
"Things went really good this week," Terry said. "The players are circling the wagons and pulling together than they have all year. We're going to be a lot better football team as the season goes along."
The Conway White squad doesn't have any superstars and that may not be a good thing according to Terry.
"You can't shut down one player and beat them because they are all good," the coach said. "That's more scary than having a great fullback or tailback to stop."
The Whirlwinds are reasonably healthy heading into tonight's contest. Utility player Derek Owens is still nursing a shoulder, but is expected back by the first conference game in two weeks.
Terry thinks the game will come down to execution.
"We are prepared, but we will just need to execute and do things right," the coach stated. "We need to play fundamental football because we know they will. It comes down to who does the best blocking and tackling and the scoreboard will take care of itself."


text: Fulfills Theory Above class meets for lab on Thursdays, 1:00pm-2:30pm, in Music 373. Above class open to graduate students only. Explores past and current theories, methods, techniques, and tools used in notation and analysis of traditional music. Emphasis is placed on problem solving and project development. The music studied will sample a broad range of traditions from around the globe and encompass historical and recent time periods. Prerequisites: Major/minor in ethnomusicology or permission of the instructor. Knowledge of musical notation and demonstrated experience in music dictation (MUS T132 and151 or equivalent). Contents of Course: Transcription and analysis are fundamental processes in ethnomusicological research and scholarship. Through exploration and application of theories, methods, techniques, tools, and skill development in transcription and analysis, this course provides a foundation upon which students may become successful researchers and scholars in the field of ethnomusicology. Works of historical significance will be examined in relationship to current theories and questions about music; theoretical principles will be studied as bases for practical application; works of established scholars will serve as groundwork for the research interests of each student in the course. The musical traditions represented in the literature and recordings studied in this course will sample a broad range of traditions from around the globe, and encompass past and recent time periods. While work with music in this course is done outside of its cultural context, knowledge of context will consistently inform assumptions made and approaches used to transcribe and analyze music. The evolution of transcription and analysis in the field of ethnomusicology has been closely aligned with, and in large part driven by the evolution of audio and visual technology. Consequently, the study and use of audio and video technology is a major component of the course. The course covers the various formats on which sound and visual images are stored, and how technology can be used to extract, notate, analyze, and illustrate aural and visual elements of music performance. Technology training is done primarily in the lab sections of the course. Readings: The course draws from an extensive list of articles and books; some are required reading, while others are optional. Required readings range from one to two articles per week. No reading assignments are given during the last two weeks of class. Outline of Requirements: ĢDaily preparation of reading assignments for discussion in class ĢTranscription and analysis assignments ĢTwo major assignments: 1) Class symposium paper and presentation, 2) Individual research paper


text: Hi, I wanted to try using MSI Afterburner to regulate the fan on my 7970, but for some reason whenever I set it to start at boot it crashes and gives me this weird error box on the next boot. I'm using windows 7 and the latest version of afterburner and the problem only occurs when it's set to start at boot; if done manually afterwards it works just fine. I've tried reinstalling it, and I can't find anything really like it on Google, only a similar problem with Google chrome where the fix was to give privileges to a config file. Any ideas?


text:
The university says it is launching an investigation into the meeting, which was held by one of its senior lecturers.
Clinical 'Omes
June 20, 2014|
Report provides primer on using clinical genome and exome sequencing technologies.
June 20, 2014|
Report provides primer on using clinical genome and exome sequencing technologies.
June 20, 2014|
Early Neanderthal evolution; developing antivirals to combat polio; the mouth and skin microbiomes; insect-inspired, flight-stabilizing sensors
June 19, 2014|
Collaborative effort from the US National Science Foundation and National Institutes of Health offers business training for federally funded researchers.
June 18, 2014|
State health department reports pertussis outbreak and recommends that infants and pregnant women be vaccinated.
June 17, 2014|
Myriad Genetics, the company originally behind tests for the cancer-associated BRCA mutations, is suing another competitor for patent infringement.
June 17, 2014|
Study examines tissue-specific protein interactions linked to hereditary diseases.
June 16, 2014|
A genomic survey of Mexicans reveals a wealth of diversity in North America's southernmost land.
June 13, 2014|
Ancient apoptotic pathway connects humans to coral; lab-grown, light-sensing retinal tissue; tracking cancer with synthetic phospholipids; diving deep into the lung microbiome
June 12, 2014|
A study implicates the breaking up of bacterial biofilms on fatty plaques in arteries as causing stroke or heart attack following stress.
June 11, 2014|
Scientists generate tumor-targeting molecules that can be used for imaging and treatment.


text:
A great idea, should be easy with the BMW crowd.
s me likey idea
What about world capitols as well, but here in the USA. I'm looking at a ride to Moscow Idaho. There Paris Texas, Athens, London, bound to be a Berlin, a Rome, Madrid and others, somewhere east of Seattle.
It's a ride I've fancied trying to put together...'Around the World in the USA' ending up in Washington DC.
This is my regular parking spot at work just west of the Illinois State Capitol. I will take a better one after work.
I was really thinking Capitol Buildings not town names.
Just behind the ugly building is the Capitol building.
"My home state - Concord, NH (I need one without snow)"
Thats a nice shot.
I hope I still have my shots of the capitol from the Charleston rally. That should be an easy one for the many standing near me when I was shooting.
Charleston Rally /with bikes (I am on the right)
Charleston without bikes - just before the storm.
As a curious Brit...did one architect manage to secure the contract for all State Capitol buildings?
They all look similar to the Senate building in Rome as well...was it an Italian architect by and chance, quite old, wearing what looked like a blanket?
What's the story?


text:
Alan wrote (More later but to get you thinking .... record at a nominal level of -18dB on a 16 bit DAT machine and what resolution are you recording at?)
My answer as an average music lover with zero knowledge in audio engineering would be 13 bits, but then I am maybe wrong because 1 bit resolution affects the dynamic range and therefore, it may depend on the recording dynamic range.
Back to the title,
In the tech talk, you have describe the ideal loudspeakers should project sound as described in the image below.
I am not sure if any of us could hear the sound projecting strictly behind the speakers. I am sure what I hear is sound as described by the image, but they do extend to the front of the speakers but as described as in the picture.
Maybe, it is just me because I have never heard the other effect such as sound extending beyond the room wall. My brain just can't accept that's possible.
{Moderator's comment: You're right about the -13dB but do remember what Alan stated was the recording level - nominal? average?. As for image *behind* the speakers are you sure that you've never heard this in other speakers?}


text:
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text:
We've got some pricey players on this roster that would be more valuable if traded instead of having them come off the bench. IMO, someone may be traded within the next week, including starters... maybe it'll happen before Christmas, but definitely WILL happen by February.
Who do you think will eventually go... as opposed to who you want outta here.
Think of for whom will we get back the best value and who best fits another team... who will it be?
Obviously, any trade will probably involve more than one player gone.


text:
Roughly 250 bison have been killed this season after leaving Yellowstone for low-elevation winter range in Montana. Combined with a mild winter, the means there's unlikely to be a repeat this year of the wholesale slaughters that have killed thousands of bison in the last two decades in the name of disease control.
Tribal and state officials said Friday that should provide some relief for the park's burgeoning bison herds, which leave Yellowstone in fewer number during mild winters.
Still, hunting carries its own challenges, beyond criticism from some animal advocates.
After scores of gut piles from harvested bison were found outside the park's northern boundary near the town of Gardiner, wildlife officials removed 8,000 pounds of bison waste to avoid a situation in which the waste would attract grizzly bears now emerging from their winter dens.
In recent years, government agencies that oversee the bison have moved away from their past policy of capturing bison for slaughter or hazing them back into the park as soon as they cross the Montana boundary.
As a result, bison can again access tens of thousands of acres of historic grazing areas — and hunters have more chance to shoot them.
"This season has been really, really busy," said Keith Lawrence, wildlife division director for Idaho's Nez Perce Tribe.
Since 2006, members of the Nez Perce have travelled to Montana to hunt bison under the terms of an 1855 government treaty that recognized the Yellowstone area as a traditional tribal hunting ground.
Several other tribes with treaty rights also participate. Combined the tribe's members killed more than 200 bison this year.
For Lawrence, that's much preferred to shipping bison to slaughter, which the tribe argues violates its rights by removing animals that hunters otherwise could harvest.
"We would like to see the population at a level where there's an annual migration," he said, adding that the tribe "is not interested in seeing a gross movement of animals" to slaughter.
A limited slaughter still is possible, officials said, and the U.S. Department of Agriculture is seeking up to 63 bison this year for use in an experimental animal contraception program.
Many bison carry the disease brucellosis. If transmitted to cattle, brucellosis can cause the animals to prematurely abort their calves.
Despite recent changes in federal policy that eased trade sanctions against states where brucellosis is found in cattle, Montana's livestock industry and its supporters are pushing to restore restrictions that would keep bison in the park.
That includes so-called "zero tolerance" bison legislation pending before the Montana Legislature and a lawsuit that would reverse the state's decision to allow the animals to roam largely free in the 75,000-acre Gardiner Basin.
The state is fighting the lawsuit and Montana Fish, Wildlife and Parks has come out against to the zero tolerance measure. Wildlife officials say stringent limits on where bison are allowed harkens back to the late 1980s, when the state encouraged hunters to kill every bison that crossed the Montana line.
That resulted in a record 489 bison killed in 1989, but also trigged an international outcry that led to the cancellation of bison hunting until it resumed in 2005.
Hunting is not allowed inside the park, so Yellowstone administrators rely on the killing of animals that migrate into Montana to keep the population in check. Officials set a target of removing 400 bison this year, from a population estimated at 4,200 animals before the hunting season.
The tribal hunts, conducted under long-standing treaty rights, are expected to continue through the end of March. State-licensed hunters took 37 bison during a season that ended Feb. 15.
"Our goal was to as much as possible manage the population level through hunting as opposed to other means," said Pat Flowers, the Yellowstone region supervisor for Montana Fish, Wildlife and Parks. "If we can have a more consistent removal out of the park, we can get the population back down near the target of 3,000 to 3,500 bison."