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CycleOps Powertap Pro Wireless MTB Disc Hub
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CycleOps Powertap Pro Wireless MTB Disc Hub
Product DescriptionThe CycleOps PowerTap Pro Wireless MTB Disc Hub represents a new era in mountain biking -- training with data. Previously, with the rare exception of the few of us who purchased SRM mountain cranksets, mountain bikers looking to train to their full potential have been forced to rely largely on their heartrate monitors. Solid input from the Pro Wireless Disc Hub allows you to quantify data, and identify strengths and weaknesses so you can adapt your training to be most effective. The Pro Wireless MTB Disc Hub uses the ANT+ protocol that's compatible for use with the Joule cycling computer, or any other ANT+ device such as Garmin GPS units. Now power transmission can be monitored on any bike without having to purchase multiple sensor harnesses; just swap wheels and you're ready to go. The ANT+ wireless protocol allows for a lighter unit that uses less power for longer battery life.Nothing is more convincing as you consider purchasing a PowerTap as an understanding of the virtues of training with power. We've done our best to provide this with our article Power: The Ultimate Training Metric. Please feel free to contact us if we can elaborate on any of the topics brought up there. The CycleOps PowerTap Pro Wireless Disc Hub uses the same advanced electronics packaging within the hub as it's road counter parts. This gives PowerTap protection from contamination by rain, mud and trail grit. Unlike the road specific models, CycleOps uses an oversized alloy axle with 135mm spacing to keep weight low while offering enhanced stiffness. It's available with 32 spoke drilling and it's compatible with both SRAM and Shimano cassettes.
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Advances in Equine Ophthalmology
- Nov 2, 2012
- Topics:
Treatment and research breakthroughs help to wage the war against equine vision problems.
Photo: Anne M. Eberhardt/The Horse
The more researchers study equine physiology, the more evidence suggests that so-called bad behavior could be as much physical as training and behavioral. Back pain, for instance, might be the root cause of many under-saddle issues. Now, equine vision problems are emerging as the culprit behind some cases of spookiness and other undesirable behaviors.
In a lecture at the Dressage at Devon (Pa.) show in September, Chelsey Miller, DVM, a resident in veterinary ophthalmology at the University of Pennsylvania's New Bolton Center in Kennett Square, described some of the exciting advances in her field.
A cataract is a clouding of the lens of the eye, giving the eye a clouded, milky-white appearance. Most people are familiar with the term because almost all humans develop cataracts as they age.
Equines can also develop cataracts, which in horses aren't age-related, Miller said. Cataracts can cause anything from light sensitivity to nearly complete blindness. Some horses manage just fine with cataracts, even when one eye is virtually blind; a cataract is a greater liability in equestrian disciplines requiring keen depth perception, such as jumping and polo. (Oddly, though a one-eyed racehorse is "legal," the Hackney-pony and Paso Fino breeds mandate two "visual eyes" for competition eligibility, she said.)
Surgical removal of cataracts in humans is a relatively simple office procedure. The surgery is more complicated in equines because general anesthesia is required, Miller explained. In fact, cataract removal is the most complex procedure in veterinary ophthalmology, she said.
The process is called phacoemulsification. A probe vibrating at ultrasonic frequencies liquefies and breaks up the cataract, which is then vacuumed out of the eye, Miller said.
In the past, the required minimum two to three months of post-operative care and regular medicating of the eye was practically as challenging as the cataract surgery itself, Miller said. During this time, horses often get resentful of having the eye area handled, and the continual manipulating of the eyelid can damage the surgical site. Thankfully, today veterinarians can install a temporary catheter that delivers the eye meds via a tiny tube, no direct handling necessary. If the horse is quiet and not inclined to rub his head, he can even be hand-walked or turned out in a small paddock with a fly mask on during the rehab period, she said.
Miller cautioned that cataract surgery doesn't give the horse perfect vision. However, veterinary ophthalmology researchers at North Carolina State University are looking into the use of an artificial lens to improve near- or farsightedness, she said. Experts use a technique called retinoscopy, in which different lens refractions are used to estimate a horse's vision, to help determine the degree of near- or farsightedness. (Most horses are farsighted, she said.)
Equine cataract surgery isn't undertaken lightly. First, there's the cost, which can run into the thousands (Miller was reluctant to state price ranges for the record). Second, there are risks of complications. For the latter reason, Miller said, most veterinarians are reluctant to do surgery if the horse has some vision.
"It's possible you could start with an eye with some vision and end up with no vision," she said.
Equine Recurrent Uveitis
Equine recurrent uveitis (ERU) is a chronic, immune-mediated eye disease that's not yet fully understood, according to Miller. ERU is essentially an immune response gone haywire. An antigen (a substance that provokes the production of antibodies) gets into the horse's eye and triggers a continuous, inappropriate autoimmune response. The result can be pain, glaucoma, and eventually blindness.
There might be no obvious signs of eye trauma prior to an ERU episode, Miller said. However, any bout of eye trouble--tearing, a scratch, swelling--should be followed up with twice-yearly checkups because such incidents can set the stage for ERU.
The Appaloosa breed is the most at risk for ERU, representing eight out of 10 cases, said Miller. Researchers speculate that Appys might produce a type of protein that makes them more susceptible to ERU, but the connection isn't fully understood and more research is needed, she said.
A bright spot in this otherwise puzzling and frustrating disease, said Miller, is the development of an optical implant impregnated with the immunosuppressant drug cyclosporine. The implant can reduce ERU flare-ups to fewer than once a year. An implant lasts for four to five years, and many horses never need a second implant, she said.
The implant requires general anesthesia. Costs can vary greatly, depending on the specifics of the case--but the cost is "not much more for two eyes because the horse is already anesthetized," Miller said.
Of the implant, Miller said: "ERU is still a chronic disease: You still can have flare-ups; you still can wind up with a blind eye. But it's the best we have so far."
Not every horse is a good candidate for every procedure, of course. A thorough evaluation by a veterinary ophthalmologist is a necessary first step in treating any eye condition, Miller said.
Vision Problems and Spookiness
Veterinary ophthalmologists know that some spooky behavior can have physical causes. For instance, horses (and alpacas, cows, and goats) have in each eye a structure called a corpora nigra. It's a pendulous cyst on a stalk that hangs down over the top of the eye. Its function is unknown; researchers postulate that it may function as a sunshade of sorts. A corpora nigra can grow abnormally large and can even move around in the eye. It's reasonable to suspect that a growth that shades part of a horse's field of vision could well lead to spooking as objects appear and disappear suddenly.
Although diseases of the equine eye are well studied and documented, less is known about the effects of vision problems on horse behavior, Miller said. Richard J. McMullen, Jr., DrMedVet, CertEO, assistant professor of ophthalmology at North Carolina State University's College of Veterinary Medicine in Raleigh, is conducting vision studies on this topic, Miller said. This groundbreaking research could help us learn more about why our equine friends behave as they do.
About the Author
Jennifer O. Bryant
Jennifer O. Bryant is editor-at-large of the U.S. Dressage Federation's magazine, USDF Connection. An independent writer and editor, Bryant contributes to many equestrian publications, has edited numerous books, and authored Olympic Equestrian. More information about Jennifer can be found on her site, www.jenniferbryant.net.
Related Content
Therapeutics and Medicine (AAEP Convention 2012)
Blindness in Horses
Eye Evaluation in Equine Prepurchase Exams
Understanding Equine Cataract Surgery
Diagnosing and Treating Equine Glaucoma
Understanding Equine Vision
Understanding Equine Eyelid Disorders
Third Eyelid Removal in Horses: Options Compared (AAEP 2011)
New Technology for Diagnosing Keratitis in the Equine Eye
Catastrophic Ocular Surface Failure in the Horse (AAEP 2010)
POLL: Checking for Gastric Ulcers

subset: commoncrawl


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To the idiots who thinks he beats neji Quick reading naruto! Its clear you dont understand anything in it.
Kidomaru was the second strongest only behind Kimmimaru! Its a reason why Sakon and tayuya said if he transforms your as good as dead. Plus the fact Kidomaru was the one pulling the strings and telling the rest what to do. Plus the fact he underestimated Neji and played with him the entire fight. He died because he got cocky with a kid.
Plus the fact it was a bad match up against kido, neji literally fought the perfect smart ninja to take him out. Sakon and Ukon would get shitted on by neji hands down!!! They use Taijutsu, and Neji owns then in that category 100%.
Kidomaru would destroy Kiba!!! Dont doubt what he can do with his abilitys...


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Jonathan Sanchez takes charge
Lefty throws five scoreless innings in division-clinching win
With the Giants needing a win to make the playoffs and avoid a tie and a 163rd game the following day in San Diego, Jonathan Sanchez never considered losing among the possibilities.
"We aren't going to go to San Diego," Sanchez told his teammates before the game, according to the San Jose Mercury News. "We're going to play here, and we're going to win."
Sanchez pitched five scoreless innings and the bullpen closed out the shutout, with Brian Wilson getting the save, to send San Francisco to the playoffs.
"We didn't ask him to go nine, we asked him to go five as strong as he possibly could, and the bullpen was going to get his back, if we had the lead or not," Wilson said.
Wagner, Cox extend careers: The careers of manager Bobby Cox and reliever Billy Wagner were extended at least through the Braves' National League Division Series against the Giants.
Wagner pitched four innings -- the longest outing of his career -- and struck out the side in the ninth inning for his 37th save in 44 chances this season in Atlanta's 8-7 win over Philadelphia. If the Braves hadn't held the lead, he would have been throwing the last pitches of his career.
"Don't think that didn't run through my head out there," Wagner told the Atlanta Journal-Constitution. "You screw this up and go home and always be a goat. I was happy to go out there and compete and make some pitches and have another day to go out there and sweat."
"That's the closer's job," Wagner said. "That's my situation."
Stanton has even bigger plans for next season: Mike Stanton hit 22 home runs and notched a .507 slugging mark as a rookie with the Marlins. One of his biggest lessons, however, was about the mental toughness required to play a season in the Major Leagues.
"Just that there's no easy days," Stanton told the South Florida Sun-Sentinel. "You're not going to feel your best every day, but you're going to have to find something. Because the pitchers don't care. They don't care. They're playing you so they can put food on their family's table. You've got to find that next level to always be at."
"I can't really work on the biggest thing in the offseason, that's approach and plate discipline and stuff, that's going to have to come with games," Stanton said.
Broxton pegged as closer: Don Mattingly, set to take over as Dodgers manager in 2011, all but announced that two-time All-Star Jonathan Broxton would be his closer next season.
"I think we can count on him," Mattingly told the Los Angeles Times. "When he goes home, I want him thinking he'll be the closer when he comes back."
"Get away and enjoy life," Broxton said, when asked how he would spend the offseason.
Bogusevic gets a new look from center field: Brian Bogusevic played all three outfield positions and first base at Triple-A Round Rock but nothing prepared him for his first start in Minute Maid Park's quirky center field.
"I'll probably stay out there a while during BP and see how the ball carries, especially with the roof open," he told MLB.com. "This is only the second day the roof's been open since I've been here, so I want to see how the ball is flying and how it kicks around out there and try to get my bearings."
Gaston sees progress from Snider: Cito Gaston was glad to see the season end well for Travis Snider, who struggled through an injured wrist early in the year.
"It's really important," Gaston told MLB.com. "I know that the kid can go into Spring Training, and not take it easy, but know that, 'Hey, I have a good chance of playing left field on this ballclub.' He should be thinking that right now anyway.
"He can go home and say he had a good year, he had a good time."
For the month of September Snider hit .304 with six home runs and a .543 slugging percentage. Five of those home runs came since Sept. 14, during which time he hit .373 with eight RBIs and 10 runs scored.
Weeks produces from leadoff spot: Rickie Weeks played in 159 games and hit .269 with 32 doubles, 29 home runs, 111 runs scored and 83 RBIs -- as a leadoff hitter.
His homers, RBIs and runs scored were tops among all leadoff hitters and his homers and RBIs are club records for a second baseman.
"You always try to get better," Weeks told the Milwaukee Journal Sentinel. "There's always things you can improve on."
B.J. Upton slotted for No. 2 spot in order: B.J. Upton was in the No. 2 slot in the Rays' batting order for first time all season Saturday, but manager Joe Maddon remembered liking him in that spot during the 2008 postseason.
"That's something that [he] had done a couple years ago and did pretty well," Maddon told the St. Petersburg Times. "B.J. really flourished in the No. 2 hole. You never know; for whatever reason, guys respond to different stimuli."
In the 2008 postseason, he batted second in 15 of the team's 16 games, hitting .287 with seven home runs and 16 RBIs.
Lowell finds a fitting farewell: Mike Lowell went 2-for-2 with two RBIs and a walk in the first game of a doubleheader against the Yankees and the final game of his career.
After hitting a double off the Green Monster in the fifth inning, Lowell left the game to a standing ovation.
"I told Tito [Red Sox manager Terry Francona] if I hit a home run, I'm done," Lowell told the Boston Herald. "I was delighted with the first at-bat, and it was pretty fitting for me to hit one off the wall."
Count Trever Miller as a Musial fan: It was Stand for Stan Day on Saturday at Busch Stadium in honor of Cardinals great Stan Musial. The club gave away cardboard cutouts of the Hall of Famer, which they waved when Stan his wife, Lil, were driven around the stadium's warning track in the sixth inning.
"It doesn't get any better than Stan Musial," Trever Miller told the St. Louis Post-Dispatch. "I think Stan would get that reception no matter what ballpark he was in."
Castro ends with .300 average: Starlin Castro got the two hits he needed Saturday to become the first Cubs rookie to bat .300 or better since Bill Madlock (.313) in 1974.
"I started the game at .298, and tried to get to .300," Castro told MLB.com. "I was looking for a base hit. I wanted to finish at .300. It's good to stay at .300 -- .300 is better than .298."
Manager Mike Quade kept him out of the lineup on Sunday.
Walker plans to come back hungry: Neil Walker isn't taking his role with the Pirates lightly going into 2011.
"I can't go into Spring Training with the mindset that I've got this team made at second base," Walker told the Pittsburgh Tribune-Review. "I have to find a way to get better, to be a leader. You have to find a way to stay hungry."
Harang thankful for his ride: Aaron Harang understood it was possible that he was making his last appearance with the Reds on Sunday.
"It's been an enjoyable seven years," Harang told the Cincinnati Enquirer. "It's not completely over yet. This city's been good to me, and I'll definitely miss it here."
Matsui ends with a flourish: Hideki Matsui, who had two hits, including a homer, on Sunday, batted .371 with seven home runs and 27 RBIs in his final 116 at-bats dating back to Aug. 14.
"There is no doubt Hideki can hit and produce at the Major League level," Angels manager Mike Scioscia told the Los Angeles Times. "He still has the bat speed, and we're all impressed with how his legs have rebounded. He's run well, and that bodes well for his future."
Josh Hamilton appears ready for playoffs: Josh Hamilton looks ready for the playoffs. Hamilton went 2-for-4 with a home run and three RBIs on Saturday against the Angels and added another hit Sunday. The three RBIs Saturday gave him 100 for the season.
"I said last night I felt good at the plate," Hamilton told the Fort Worth Star-Telegram. "It was the same thing tonight. I felt good. I felt calm. It's a plus I'm not pushing and trying to go get pitches. It hurts to swing and miss, so I try not to do that."
This story was not subject to the approval of Major League Baseball or its clubs.


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Pay TV: Friday, December 21
Accused: Tracie's Story, 13th Street, 8.30pm
THE last time we saw Sean Bean in chains he was Ned Stark being led to the executioner's block in Game of Thrones. Here he's Simon, aka Tracie, an underappreciated English teacher by day and a stiletto-wearing good-time girl by night, being led to the defendant's dock in a Manchester courtroom. On what charge? We don't know. This mostly terrific instalment of Jimmy McGovern's crime anthology series keeps us in the dark as the events that lead to Simon/Tracie's trial unfold in compelling fashion. Bean's character and performance are mesmerising from the start. The big-boned, lantern-jawed Tracie isn't fooling anyone, but nor is she trying to - ''I never claimed to be Cheryl bleeding Cole,'' as she puts it. But for all Tracie's toughness, self-insight and sardonic wit, she remains poignantly vulnerable.
For women such as Tracie, the threat of physical violence is ever present (as the opening scene reminds anyone who needs reminding), and Tracie is also emotionally vulnerable, her life one of unrelenting loneliness. Bean's performance is impressive in its composure and restraint, but Tracie's Story is a pas de deux and Bean has a perfectly cast partner in Stephen Graham (whom we saw most recently as the young Al Capone in Boardwalk Empire). Graham plays the closeted Tony, who falls for Tracie and is torn between the tantalising possibility of living as an openly gay man and his instinct to maintain the hetero facade he wears for protection in his homophobic surroundings. For most of the duration, McGovern, co-writer Shaun Duggan and director Ashley Pearce provide an entrancing, bittersweet romance leavened with low-key verbal and visual humour. But even at its most light-hearted, Tracie's Story never loses the air of menace hanging over it. Everything is set up brilliantly, but as the business end of proceedings approaches, Tracie's Story unexpectedly begins to disappoint. The events that land Simon/Tracie in court seem rather far-fetched, overly dramatic and entirely out of keeping with what had gone before, and the courtroom scenes are similarly unconvincing. Even so, it's well worth watching and puts handsome feathers in the caps of Bean and Graham.
Rod Stewart: Merry Christmas, Baby, Studio, 9.30pm
A new live special in which Rod Stewart belts out Christmas classics with the help of guests including Mary J. Blige and Michael Buble.
Cricket: Big Bash, Fox Sports 2, 7pm
Shane Warne's Melbourne Stars take on David Warner's Sydney Sixers, live.
MTV World Stage: Garbage, MTV, 11pm
Shirley Manson and Co perform live.
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Unable to view the message below? View it online
July/August 2012
Dear Friend:We hope you're busy hiking, swimming, spending time with loved ones, and enjoying your summer. With that in mind, we offer our second annual "Summer Bits & Pieces" newsletter. Instead of in-depth articles, we've compiled a few newsy items to keep you up-to-date, help you make the most of your Yellowstone visit, and share some easy ways to get involved with the Yellowstone Park Foundation.Once again this year, the Yellowstone Park Foundation sponsored the Wildlife of Yellowstone supplement for the park's Yellowstone Summer newspaper. Read about some of the park's famous creatures, as well as a few lesser-known ones, and while you're at it, brush up on your wildlife safety IQ.In honor of our 15th Anniversary as Yellowstone's official fundraising partner, our friends at Ogilvy Public Relations produced a fantastic video about YPF's crucial role in the park, narrated by none other than Tom Brokaw! Please watch it on YouTube and share it with friends.Attention members of the Yellowstone Park Foundation's 1872 Society: We're having a special event just for you this coming September at Old Faithful! Learn more>>Free summer Ranger-Led Programs are offered throughout Yellowstone, such as hikes, astronomy programs, the Wildlife Olympics, and much more. View the summer schedule>>Did you know that you can send a Yellowstone eCard from any computer? Choose from several Yellowstone images and show your friends and family why Yellowstone is so special!If you're always on the go, sign up now to have Yellowstone news sent right to your mobile phone. Now is your final chance to Adopt a Yellowstone Bison. Quantities are very limited, as almost all the bison have found new homes, so don't wait -- adopt now!>>Finally, the Yellowstone Park Foundation is proud to be featured in the premiere issue of Essential Friends Magazine, published by National Parks Traveler. It highlights the important work of park friends groups and our supporters, along with great photos and travel tips!From all of us at the Yellowstone Park Foundation, to all of you: Thank you very much for your support, and best wishes for a safe and fun summer! Karen Bates KressPresident
Karen Bates KressPresident
Reward Yourself! Apply this summer for the Yellowstone Visa Card and get a $100 statement credit with first purchase. Use the card that benefits your favorite park, and get a little summer spending money for yourself!Learn More>>


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All quotes tagged Plagued
(61 quotes found)
"The fact that political ideologies are tangible realities is not a proof of their vitally necessary character. The bubonic plague was an extraordinarily powerful social reality, but no one would have regarded it as vitally necessary."
"A plague on eminence! I hardly dare cross the street anymore without a convoy, and I am stared at wherever I go like an idiot member of a royal family or an animal in a zoo; and zoo animals have been known to die from stares"
"A plague more monstrous than anything we have experienced could spread with all the irrevocability of ink on tissue paper. Ancient scourges would quickly become modern nightmares."
"Tina's just been plagued by foul trouble lately. She took the ball to the hole in the second half and that was good to see, but it's been frustrating for her."
"We are left with a picture of a White House that was plagued by the fog of war. The committee is likely to find a disturbing inability by the White House to de-conflict and analyze information ? and that had consequences."


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Sarah Pugh grew up in northern Massachusetts, not far from Boston. She is in her third year at Northeastern as a political science major. She ultimately hopes to attend law school and work in the federal judiciary.
There was this little box on your college applications that said something along the lines of "What program are you applying to?" or "What will be your major?" Some people (the lucky ones) know the answer to this question and have known for quite some time exactly what they want to do. I (and many others) am still trying to figure it all out. And here I am in my third (middler? junior?) year.
When I was filling out my application, I saved that ominous question for last. There was absolutely no way that I was applying as an undeclared student. Because then everyone would know that I didn't know what I was doing and everyone else has it all figured out, right? After ruling that out, there were only a hundred other choices. Much better.
It came down to political science or biology — two majors on very opposite ends of the spectrum. I had always enjoyed learning about the government, and watching the debates during elections season was fun too. To be honest, I didn't know what political science even was. I couldn't fathom what made it a science. Also, what kind of job would I have with a degree in political science? You can't just graduate college and become a successful politician. Ultimately I checked the box for biology. After all, I liked AP biology in high school and I did well in it — what could possibly be different?
I went to orientation, met other biology students, and registered for classes. I was excited about my decision. My first semester was filled with microbiology, chemistry, calculus, and economic justice (an elective for the honors department).
After what was only two week's worth of classes, I hated chemistry, calculus, and worst of all, biology. I loved my economic justice class. It was engaging, the readings were interesting, and I just liked it. I can remember being on the phone with my boyfriend complaining about school and he asked, "If you could be studying something other than biology and you had to choose now, what would it be?" And it was then that I decided to change my major to political science. I loved learning about the government systems and how it affected our everyday lives, and I could figure out what to do with it career-wise later.
Later that week I was in my advisor's office signing the paperwork and talking to the department head about why I wanted the change. I felt so grateful to be at a school that encouraged its students to explore their interests and that they made changing programs of study so simple. I attended the major fairs that are typically held for the undeclared students to talk with other students. There were these pamphlets that they passed out called "What To Do With a Degree in Poli Sci" — just the question I needed answers to. Today I know that there are plenty of options.
Technically I am a political science student with a concentration in comparative politics and a minor in international affairs — talk about a mouth full. Furthermore, I'm looking into adding a minor in history. I recently completed my first co-op job at the United States Attorney's Office for the District of Massachusetts as a legal intern. I thoroughly enjoyed my time there and have nothing but wonderful things to say about my experiences, though not enough time to share them. In short, I am now looking at law schools for when I graduate from NU.
As cliché as it may sound, the biggest and most important piece of advice to someone that may find themselves in a similar situation to my own is study what you love; the rest will fall into place.


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Arla Milk Link increases milk price to 27.5ppl
Following the increase, Arla Milk Link suppliers – with the exception of organic dairy farmers - will be paid 27.5ppl for their raw milk.
"The increase reflects the recovery in global dairy commodity markets, combined with the continuing strong performance of Arla's global brands, and the benefits from a series of efficiency improvements instigated in the first half of the year coming through. We believe that these factors will continue to increase Arla's revenue and in turn provide the bases for further upward movements in our milk price over the coming months," said Arla Foods vice president for milk and member services, Neil Kennedy.
Last month, the European Commission (EC) approved Arla's merger with Milk Link – a decision that created the UK's largest dairy processor.


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Mostly Cloudy
Grammy-winning musician JJ Cale, whose best known songs became hits for Eric Clapton with "After Midnight" and Lynyrd Skynyrd with "Call Me the Breeze," has died. He was 74.
(CNN) -- Musician JJ Cale, whose songs "Cocaine" and "After Midnight" were made famous by Eric Clapton, died Friday after suffering a heart attack, the president of his management agency said. His contemporaries considered him a legend, even if many fans weren't familiar with his name. He was 74.
"JJ Cale was loved by fans worldwide for his completely unpretentious and beautiful music," said Mike Kappus, president of the Rosebud Agency. "He was loved even more dearly by all those he came in contact with as the most real and down-to-earth person we all knew."
Lynyrd Skynyrd made Cale's song "Call Me The Breeze" famous, and bands including Santana, The Allman Brothers, Johnny Cash, and many others covered his songs.
He won a Grammy for his 2006 album with Clapton, called The Road to Escondido.
"He was incredibly humble and avoided the spotlight at all costs but will be missed by anyone touched by him directly or indirectly," Kappus said. "Luckily, his music lives on."
The singer-songwriter passed away at Scripps Memorial Hospital in La Jolla, his official website said.
There were no immediate plans for funeral services, it said.
His official biography describes Cale as someone for whom music is all he's ever known.
"I remember when I made my first album, I was 32 or 33 years old and I thought I was way too old then," Cale said, according to his bio. "When I see myself doing this at 70, I go, 'What am I doing, I should be layin' down in a hammock.'"
He was living in Tulsa and had given up on making money in the record business when his career was suddenly made by Clapton's cover of "After Midnight."
That moment changed everything for the musician, his biography states. After Clapton picked up his song, Cale drove to Nashville to record his first album.
He is credited with helping create what is known as the Tulsa Sound, a laid-back style that contrasted with the psychedelic rock that was heard at the time.
"I'm so old, I can remember before rock 'n' roll come along," Cale told CNN in 2009. "When I was a young fellow, I played guitar for other people, so I'd have to learn (cover tunes). ... So the guitar players on all those early recordings, I guess, influenced what I did. I never could get it exactly right the way they played it, and I guess that helped the style that evolved."
Other musicians who covered Cale's work include The Band, Chet Atkins, Freddie King, Maria Muldaur and Captain Beefheart, according to his biography, which also notes he was asked whether it bothered him that fellow musicians considered him a legend while many fans did not even know his name.
"No, it doesn't bother me," Cale said. "What's really nice is when you get a check in the mail."
™ & © 2013 Cable News Network, Inc., a Time Warner Company. All rights reserved.


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A Pope County Sheriff's Office investigator testified his agency was contacted on May 8 by the Arkansas State Police Crimes Against Children Division concerning a 7-year-old girl who had been molested by a juvenile male. Police say he forced her to engage in sexual acts with him on "four or five" different occasions, and that the victim and the suspect were half-brother and half-sister.
• George McNulty, 53, aggravated assault — $5,000.
Police were contacted by a business after the victim and another woman witnessed McNulty hit a woman with his vehicle and pinned her against another car. The female victim was transported to a hospital for injuries. McNulty claimed the woman had been harassing him, and that he was trying to "bump her" in hopes of making her leave him alone.
• Steven Cossey, 23, third-degree domestic battery — $10,000.
Police responded to a call at a local drug store after a caller reported two people fighting. When the officer arrived, he witnessed Steven Cossey chasing and throwing rocks at a man later identified as his brother. Police followed and apprehended both of them. The brother claimed he was simply running away, but police talked to Cossey's mother, who said they had both been fighting each other.
Cossey has been convicted of domestic battery once before.


text: Commission Meeting for 1/24/2013 Time, Date and Place: The 176th meeting of the Idaho Lottery Commission took place on Thursday, January 24, 2013 at 10:00 AM at 1199 Shoreline Lane, Boise, Idaho 83702. Attendees: Commissioners Present: Commissioner, Craig Corbett Commissioner, Jim Rehder Commissioner, David Keyes Commissioner, Mel Fisher Commissioners Present Via Telephone: Chairman, Roger Jones Lottery Staff Present: Executive Director, Jeffrey Anderson Chief Operating Officer, Becky Schroeder Deputy Director of Security, Amber French Deputy Director of Sales, Mike Helppie Deputy Director of Marketing, Sherie MoodySt. Clair Chief Financial Officer, Jay Prickett Product Manager, Joe King Public Information Specialist, David Workman Others Present: Sara Chase, Drake Cooper Tim Davis, Deputy Attorney General Zeke Chemodurow, Intralot Ryan Belveal, International Gamco Brad Surkamer, CLM Jeremy Chou, Givens Pursley 1. Meeting Called to Order Meeting called to order by Commissioner Jones at 10:05 AM. Since Chairman Jones was unable to make the meeting in person, he asked Commissioner Fisher to preside over the meeting in his place. Commissioner Fisher agreed. 2. Approval of the Minutes Commissioner Rehder motioned to approve the minutes from the October 18, 2012 meeting. The motion was seconded by Commissioner Keyes. The vote was unanimous for approval. 3. Director Update Director Anderson updated the Commission on the GeoSweep game. The cost to implement the game was cost prohibitive to us, however the Idaho Lottery along with several other states who had an interest in the game brought it to MUSL to have the Multistate Lottery Association consider using this game feature as a component of the Powerball game. The membership thought the idea had merit and MUSL began their due diligence. This process is taking longer than planned and the implementation date has been moved back to the fall at the earliest. Director Anderson presented the recommendation for the new scratch ticket printing contract. We are currently under contract with Scientific Games until the middle of February in an exclusive contract. Through an RFP process and an extensive evaluation of the proposals, the committee that reviewed all of the responses has recommended to me, and I concur, that the printer that was found to be the most responsive and competitive to the RFP was GTECH Printing. We are asking for the Commission to vote in the affirmative in the intent to award a contract to GTECH Printing as our primary vendor for a period of two years commencing on February 15, 2013 with an option for three two year extension options. As part of this approval, would also like to ask the Commission for the authority to consider Pollard Banknote as a secondary vendor, contingent upon negotiations with them. Commissioner Corbett moved to approve awarding the scratch ticket printing contract to GTECH Printing for two years with options for three twoyear extension periods. In addition, the motion is to approve authority to consider Pollard Banknote as a secondary vendor contingent upon negotiations. Commissioner Rehder seconded the motion. The vote was unanimous for approval. 4. Quarterly and Current Sales Report The sales report is entered into the minutes as an attachment. 5. Security Division Update Amber French informed the Commission that the Warehouse lease has been postponed as we are still in the process of evaluating whether or not it is cost effective for us to move from our current location. The move process will be quite extensive and will require a lot of work. But, hopefully by the next meeting we'll have a definitive update for the Commission regarding the status of the lease. Regarding the MUSL audit we don't have all of the results, but overall things went well. We will update the Commission further when we have more definitive information. 6. Sales Division Update Mike Helppie informed the Commission that Joan Bernt has been named the Sales Rep of the Quarter. She had a total increase in her region of 31% or $1.7 million. We are just beginning the project of hanging just over 66 jackpot signs in Liquor Stores across the state. We are also installing our first Kmart store and over the next month we will have 8 more locations up and running. We are also expecting the paperwork from Denny's restaurant chain to include Lottery in all of their locations in Idaho. 7. Marketing Division Update Sherie MoodySt. Clair went over the updated marketing calendar, highlighting Weekly Grand as an upcoming focus. The Idaho Lottery is participating in the Idaho at 150 event. Idaho is turning 150 years old on March 4, 2013. The Lottery has served on the planning committee and to go along with the event, we have launched a Scratch ticket to commemorate the event, called the "Great Idaho Cashword". 8. Legislative Overview Jeremy Chou presented an overview to the Commission regarding the state of the current Legislature. 9. Set Future Commission Meeting Date Commissioner Rehder moved to hold the next Commission meeting on March 21, 2013. Commissioner Corbett seconded the motion. The vote was unanimous and the date has been set for March 21, 2013. 10. Adjournment Commissioner Rehder moved to adjourn, seconded by Commissioner Keyes. With the vote unanimous, the meeting was adjourned. Certification: I hereby certify that the foregoing minutes are a true and correct record of the actions and decisions made by the Lottery Commission. Jeffrey R. Anderson, Executive Director Lottery Commission Secretary


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A time for scholasticism
Last week OHSU received generous backing from Bob & Charlee Moore, a couple who, in my mind, belong to a new generation of philanthropists (e.g., the Gates, the Knights, Paul Allen, etc.) who use their means to fund scientific research initiatives which have captured their imagination. It was truly an exciting occasion for the scientific community, but even more so for those of us who count OHSU our research homeland. It was a time to … Read More


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By Nora Carr
In politics and propaganda, lies told often enough become truth. Big lies -- such as the canard that public schools are failing -- often are the most believable.
That could be why 28 percent of North Carolinians believe graduation rates are decreasing every year even though the state posted its highest graduation rate ever -- at 77.9 percent -- just last year. Even more frightening, the same public opinion poll indicated that 42 percent believe that public schools are failing and need to be overhauled.
With these kinds of numbers, it is not surprising that 38 percent of North Carolinians either agreed or strongly agreed that taxpayers without children should not have to pay for public schools, even though 81 percent see education as an investment in the future.
Chances are your state reflects these issues as well. In the battle for public education, charter schools are winning. Any alternative, it seems, is better than the current system.
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text: S361 Ceramics 2 Prerequisite: S260 Offered every semester, this course offers further development of ceramic skills of handbuilding, throwing, and glaze application. The mastery of ceramic process requires patience, time, and practice. Demonstrations form the basis for developing these skills are a part of this course. Slide presentations are conducted regularly to show examples of historical and contemporary ceramics. Individual critiques are held during midterm and final weeks and upon request. Assignments are initiated by the instructor and also by your own ideas. Assignments present the opportunity to increase your working knowledge of ceramic processes and materials, and to investigate aesthetic directions and possibilities in clay. Attention to design, craftsmanship, and content are important considerations. Course format is two, three hour class sessions a week. Assignments, Tests, and Grades: Approximately 14 studio assignments over the semester, some instructor initiated and some student initiated. Individual critiques are held during midterm and final weeks and upon request. Grades are based on attitude, attendance, and technical competency, content of work, creativity, and aesthetic quality of finished work. Attendance is required. Three or more absences will seriously jeopardize your grade. There is a lab fee to pay for clay, chemicals, kiln firings, and visiting artists. For the most up-to-date listing of lab fees, please visit the Office of the Bursar at http://www.indiana.edu/~blbursar.


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I would like help with the following problem:
When using the Firefox browser, version 126.96.36.199, I get a message saying: "Warning: Unresponsive Script: A script on this page may be busy, or it may have stopped responding...". This message also freezes the PC until I close the message. This problem occurs frequently.
My O.S. is Windows ME.
Thanks in advance,
Yooper 27


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Americans Hate America
Americans: what are they fed up with now? Mexicans? Thuggish pro athletes? All those potholes? Well, let's see, sez here... America itself.
In a new Gallup poll, only 11% of Americans expressed "satisfaction with the way things are going in the United States." That's the second-lowest reading in the past four decades, exceeded in pessimism only during the worst days of the 2008 financial crisis.
To put the figure in perspective: I bet more than 11% of Americans have masturbated to Smurfette. Hear our yawn-like roar, duly elected leaders! We are vaguely dissatisfied! Everybody pay us lip service, at once!


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An unabridged reading by Michael Jayston of John le Carré's first novel, which introduced his most famous character, George Smiley.
Smiley is one of the most brilliantly realised characters in British fiction. Bespectacled, tubby, eternally middle-aged, and deceptively ordinary, he has a mind like a steel trap and is said to possess 'the cunning of Satan and the conscience of a virgin'.
This novel, set in London in the late 1950s, finds Smiley engaged in the humdrum job of security vetting. But when a Foreign Office civil servant commits suicide after an apparently unproblematic interview, Smiley is baffled. Refusing to believe that Fennan shot himself soon after making a cup of cocoa and asking the exchange to telephone him in the morning, Smiley decides to investigate – only to uncover a murderous conspiracy with its roots in his own secret wartime past.
©1962 David Cornwell (P)2014 Bolinda Publishing Pty Ltd.
"A refreshing change"
First venture into the world of George Smiley, good to start at the very inception of his character.
The 4 * is because despite the narrator being amiable there was at times difficulty in distinguishing which character was speaking. You have to really 'listen' intently to the narrative to follow the plot. Perhaps because of the style of narration I found myself rewinding the story quite a bit on numerous occasions. This said, I did enjoy the story and am happily listening to the next installment read by the same chap. I've tuned into him now!
George Smiley - not quite sure what to make of him yet, he reminds me a bit of C J Sansoms Shardlake character; beguiling but with an underlying intrigue, I like him, I hope that he develops as a character throughout the books, that we get to know more about him.
The length of the story is just right, I generally enjoy 20hr plus novels but it has been quite refreshing to partake of this short book.
Recommended - yes
An easy listen - not necessarily and certainly not for when you are tired.
"Engrossing from beginning to end"
Meeting George Smiley again after a number of years is like running into a dear old friend. A friend who you take at face value with all his foibles because time has taught you he will not let you down. Le Carre draws you into the tale from the very beginning and then there's no stopping .
"A book that launched a career"
This 1961 novel was Le Carre's first. It was an instant success and introduced the literary world to George Smiley. It contrasted starkly with the action packed, ruthless, gun totting macho heroes found in James Bond stories. Instead, it portrayed spies as bureaucratic types with academic rather than physical prowess. Smiley's world is often mundane, even boring, but also peppered with flashes of inspiration and luck. Similarly, his colleagues are not drawn from an elite SAS team, but seem to have all the normal foibles of normal people. If Fleming's Bond was a hare then LeCarre's counterpart of Smiley was definitely a tortoise.
On the face of it, Le Carre's first book does not sound as if it would compete with well established best-selling Ian Fleming and that is the point, it doesn't. In spite of both authors writing about secret agents they are from very different stables. What Le Carre does is to provide an insight into a different kind of spy from Bond. And he does it in a way that hardly requires any suspension of disbelief. Smiley's world oozes with the verisimilitude of real spies from that era, Burgess, McLean, Blunt etc., people living apparently 'normal' lives, but with dark secrets. Furthermore, Le Carre conjures up his story using outstanding prose that makes you want to keep on listening. It is like missing your stop on the underground because the conversation you are eavesdropping on is just too enthralling, even if it is seemingly about everyday things. So, if you like a well told story that happens to be about spies then you should like this book.
Finally, full marks for Michael Jayston who give a great performance and makes the characters come alive.
"A great beginning!"
As the first LeCarre I was a little trepidatious, fearing a weak first novel. But this was a cracker. Excellently read and with a sense of tone and atmosphere which drew me in to a nicely complex plot, not overdone or hard to follow but gripping and engaging.
"Call for the Dead"
Another John le Carré novel that I would recommend unreservedly. I have read other le Carré novels first that were far more epic in nature but enjoyed that this story started off in a far more subtle way gradually bring the characters we love into focus.
In some audio books I find I have to try to ignore the fact that the narrator only seems to be able to do one voice for a dozen different characters or uses a tone/accent that seems completely at odds with the story itself. In this version the narrator is in perfect keeping with the atmosphere of the book bringing the characters and story to life in a way which in my opinion is comparable with the BBC dramatizations.
"Classic murder mystery"
I started listening to John le Carre with Tinker Tailor Soldier Spy (another book which I can thoroughly recommend) and i've become addicted to him. This, his first book, is a great read/listen and a much easier one than Tinker Tailor, albeit just as engrossing. I would highly recommend it.
"Meeting Smiley for the first time"
The beginning of the Smiley series and it does begin in that rather lonely and depressing manner the le Carre often writes in. That to one side Smiley aka Toad is si beguiling and the story is not complicated and so makes a wonderful introduction. The reader is perfect and I have heard le Carre himself read and it's fine enough but Jayston elevates it and feels right.
"Good story, great narration"
Call for the Dead is the first John Le Carre/Smiley novel that I have listened to and, based on this, will definitely be purchasing more. It is an entertaining, compact spy story with great central characters. My enjoyment of it was further increased by the excellent narrator who perfectly performs all of the characters, George Smiley especially.
"Period Atmosphere"
The first George Smiley novel which is worth listening to for the back story alone. Set at the dawn of the cold war as the first east european intelligence networks are developing, it feels much more of a period piece; telephone exchanges, cockney car dealers and amateur theatre companies. However, in this early novel, we can John le Carres lift this spy story far above a penny thriller through his ability to paint psycological complexity and claustrophobic atmosphere.
"Read them all"
The entire series kept shocking me. You think you know what your grandad got up to when young? No, you don't. I didn't see the TV series and expected this to be different from crime drama I'm used to. It is different. It's cruel, intelligent, stupid, heartbreaking and cold. So bloody cold. Listen to them all, if only because he's a really beautiful writer.
"Well read, good book"
Great book and well read. Michael Jayston is a great reader and lends himself to the characters.
Book is interesting and often times dramatic.
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Connecticut CU Loses $200,000 Ruling for Taking Social Security Benefits
A former employee and member of the $18.6 million Wallingford Municipal Federal Credit Union was awarded more than $200,000 after a judge ruled the Wallingford, Conn., cooperative committed theft when it seized the woman's $13,801 Social Security disability benefit.
However, Manager/President Richard T. Cassello said the credit union will continue to defend itself and hasn't ruled out appealing the decision.
The funds were used to repay a settlement Wallingford Municipal had won against former accounting clerk Naomi Odell and her husband after they had defaulted on a loan.
Connecticut Superior Court Judge Robin L. Wilson said in a 72-page ruling released Aug. 8 the credit union unlawfully appropriated the Social Security funds because they are exempt from debt collection.
"The defendant's seizure of the plaintiff's social security funds is against the public policy of both the federal and Connecticut government in protecting exempt funds," Wilson wrote in her ruling.
Odell was additionally awarded $41,403 in punitive damages, included in the $200,505 total judgment, because Wilson found on the preponderance of evidence that the credit union's conduct was egregious and constituted a reckless disregard or willful violation of Odell's rights.
Nevertheless, Wilson also noted in her ruling that the credit union's conduct, as far as the evidence demonstrates, was an isolated incident, and that it did not repeatedly engage in such conduct.
Odell filed a civil lawsuit against the credit union in June 2010. But the lawsuit had its origins in 2005 when Odell's husband, Nicholas, secured a loan from Wallingford Municipal FCU. Naomi, who was working at the credit union, co-signed the loan. The couple later defaulted on the loan and the credit union successfully sued for the $18,433 outstanding loan balance, according to court documents.
Odell was fired by the credit union in April 2007 after she had been diagnosed with multiple sclerosis, according to court documents and her lawyer Joanne Faulkner. According to Faulkner, a doctor said Odell would not be able to work full-time, so she lost her full-time position as an accounting clerk.
In May 2007, Odell applied for Social Security disability benefits. When she applied for those benefits, she provided her account information with Wallingford Municipal because it was the only account she had at the time.
About a year later, Odell received word that her Social Security benefits were approved and that she would receive a retroactive lump sum payment of $13,801, plus $1,300 a month. She also contacted the Social Security Administration to tell them her credit union account had been closed after she applied for disability benefits and that she opened a new account with another bank.
Concerned that the Social Security funds would be sent to the credit union, Odell contacted Cassello and asked him to return the funds to the Social Security Administration.
According to court documents, Cassello told Odell if the funds came to the credit union, he would take it and apply it against the judgment.
Odell told Cassello the funds were exempt from debt collection. Court documents said she also told her former manager she was going to lose her home to foreclosure and needed the money to catch up on her mortgage payments.
The credit union received Odell's benefit on June 2, 2008. Even though Odell's checking account had been closed, she still had a share account, and Cassello advised employees to re-direct the funds to Odell's share account, according to court documents.
When Odell hired a lawyer who demanded in a letter to the credit union that it return the funds because they were exempt, Wallington Municipal FCU refused.
The credit union said in court documents it relied on the loan agreement, the default judgment it had against Odell and the Federal Credit Union Act as a basis for seizing the money. The credit union also claimed it was not aware the funds were exempt at the time the seizure.
"The credit union's attempt to claim ignorance is unavailing," Wilson wrote. "First, as the court has found, that the (credit union) knew as early as May 2008, that (Odell's) Social Security funds could be exempt, and even after being put on notice, made no attempt to at the very least to investigate the matter. The (credit union) seized the funds and simply refused to return them claiming ignorance of the exempt status of the funds."
In a written statement via email, Cassello said the credit union respectfully disagrees with substantial portions of Wilson's decision.
Next Page: Weighing Options, Including Appeal
"The credit union is weighing its options and intends to vigorously defend its position, including by way of appeal," he said.
Credit union attorney Michael T. McCormack of law firm Hinckley Allen in Hartford, Conn. said any appeal would be filed by Aug. 28. McCormack declined to comment on the grounds for the appeal.
Generally speaking, however, appeals courts typically only review questions or errors in law of lower court decisions, said Maurice Smith, who is president/CEO of the $1.3 billion Local Government FCU in Raleigh, N.C. and also a lawyer.
"When you appeal it is because of some error in law, so the judge (may have interpreted) the law wrong or didn't handle a motion correctly, or there was an objection the judge didn't rule on correctly," Smith said.
Annandale, Va.-based credit union attorney Steven Bisker speculated that the credit union may base its appeal on the $41,403 awarded in punitive damages because courts generally don't view punitive damages favorably.
Wilson said she decided to award punitive damages, in part, because of the credit union's conduct in seizing Social Security funds that it knew were, or could be, exempt in violation of state and federal law. Despite that knowledge, it refused to return the funds, she said.
"The fact that the plaintiff (Odell) was financially vulnerable and was deprived of benefits awarded to her because of her inability to work as a result of a medical disability, tips the scale even further as an aggravating factor," Wilson said in her decision.
Bisker pointed out, however, that Wilson acknowledged the credit union's conduct in this case was an isolated incident. Because the judge noted there was no evidence the credit union repeated this type of behavior with other members, he said the concession may serve as grounds for the credit union to challenge the punitive damages award.
"You hit someone with punitive damages not because someone (messed up) one time, it's usually because they've been doing this and … we are going to teach them a lesson everyone else will learn from," Bisker said. "But the court recognized that this was just a one-off situation at the credit union. They never did this before. Well, then, something was amiss. My gut tells me, based upon my general knowledge of the law, that at a minimum the credit union would appeal the punitive damages."
Odell has lost her home to foreclosure and now lives in an apartment in Middletown with her husband who also is also unable to work, according to her attorney.


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I just had this question asked of me and I honestly thought this would be a great thread for Redszone. Here's the question concerning a Player Development Philospohy. This is 1 of 10 questions I was asked.
I would love to hear some thoughts, opinions, ideas from you.Please identify two or three important areas where we would need to make a strategic choice about how we want to play the game as an organization. Describe the tradeoffs that would need to be understood, and any analysis that you would recommend doing to help point us in the right direction.


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Change in China may come sooner than you think
Now that the transition is over, the real change begins. Following America's election two weeks ago, the focus has quickly switched to Barack Obama's ability to wrangle a taxation and expenditure agreement with Congress to avert a US "fiscal cliff". In China, now that incoming president Xi Jinping has been formally appointed, attention turns to whether he and the other six members of the new Politburo Standing Committee have what it takes to press through long-awaited political and economic reforms.
Though the "election" of Xi and his premier, Li Keqiang, by China's 18th National Congress has been widely anticipated since he became vice-president to Hu Jintao in 2007, many commentators greeted the ascension of the other members to China's top decision-making body with disappointment.
Notwithstanding promises of reform by many in the Communist Party hierarchy - including outgoing premier Wen Jiabao who has prominently, on several occasions, pronounced China's economy as "unstable, unbalanced, unco-ordinated, and unsustainable", the "four uns" - a particularly conservative line-up appeared on the dais last week.
No less than five of the appointed members are seen as acolytes of Hu's predecessor, Jiang Zemin, who at 86 is still believed to exercise great power behind the walls of the Zhongnanhai, the central Beijing complex that serves as the party's headquarters. And while Li is attributed to be a protege of Hu, and Xi, a son of a Mao-era revolutionary, is widely believed to be his own man, the feeling that this was a leadership of vested interests was palpable.
Despite delivering an annual average growth rate of 10.7 per cent, which has continued to lift hundreds of millions of people from poverty - one of the greatest economic feats of history - the other legacy of Hu's 10 years at the helm has been the entrenchment of vested interests, ranging from the military to state-owned enterprises (SOEs), and the deepening of a severe inequality between China's urban rich and its rural poor.
The social implications of China's inequality are obvious. Sun Liping, a professor from the elite Tsinghua University, who is said to have been Xi's PhD supervisor (such details are expunged from the official biographies of China's leadership), estimates that mass public demonstrations rose from 40,000 in 2002 to 180,000 in 2010. Most of these incidents are over land seizures, abuse of the hukou registration system - where internal migration is kept in legal check - labour rights, environmental degradation and high property prices.
The economic implications of China's vested interests are less evident, but no less insidious. The common Chinese phrase "the state advances while the private sector retreats" encapsulates the past decade, an era that, with China's entry to the World Trade Organisation, was hoped to be far more deregulated and decentralised.
The corruption, inefficiencies and political inertia created by such imbalances have reached a point where they could now destroy China's brittle political and economic equipoise. A potential crisis in SOE and local government non-performing loans, accrued during the infrastructure and fixed-asset investment binge of the past 10 years (household consumption, by contrast, fell as a percentage of GDP from 45 per cent to 35 per cent between 2001 and 2011), could be the tipping point, but so could unrest in China's provinces, any number of looming environmental catastrophes or an internal party schism.
And whether demonstrated by the extreme stage management of China's leadership transition, the government's instinct to cover up last year's Wenzhou high-speed rail disaster, or the purge this year of charismatic provincial leader Bo Xilai, once a contender for the Politburo, it seems that the party is well aware of these threats.
Still, in times of great stress, strong reforms are better than waiting for an accident to happen. Prominent China-watcher David Shambaugh, from George Washington University, has been quoted widely in the press for his sceptical view on reform: "We're not going to see any political reform because too many people in the system see it as a slippery slope to extinction. They see it entirely through the prism of the Soviet Union, the Arab Spring and the colour revolutions in Central Asia, so they're not going to go there."
Yet at the same time it is exactly the prism of the Soviet Union, the Arab Spring and the colour revolutions that demands reform, which if initiated by the party can at least be controlled by the party. In the past 12 months, after all, two of the greatest ongoing political shifts haven't been in the US or in China, but in Egypt and Myanmar, to which yesterday Barack Obama made an historic visit.
One transition was noteworthy because it was forced upon an unwilling regime, leading to a tumultuous uprising from which we are still facing uncertainty as the leadership of the Muslim Brotherhood grapples with the belligerence of its Gazan offshoot Hamas. The other transition though was noteworthy for entirely the opposite reason in that it was instigated by the regime. And although Myanmar continues to face great challenges - not least of which is a rising ethnic conflict in Rakhine State - its political, social and economic outlook is infinitely brighter today than it was before November last year when Aung San Suu Kyi's political party was allowed to re-register.
While Chinese reform will happen in China's own way at China's own time we therefore believe that change could come sooner rather than later. Assuming that such change will involve less reliance on fixed-asset investment to generate growth and a greater focus on social welfare, market liberalisation and domestic consumption, then this will have major ramifications for Australia as well.
The effects of China's slowdown since the growth rate peaked at over 13 per cent in 2007 to 7.4 per cent in the third quarter of this year have already been profound on commodity prices and government revenues, but they compare little to what a wholesale reorienting of China's economy would produce. With reform thus looking likely despite the relatively conservative appearance of China's new Politburo, Australia's economy better do some reforming of its own. The only problem, however, is unlike China, we have politicians to deal with.
Michael Feller is an investment strategist at Macro Investor, Australia's leading independent investment newsletter covering stocks, trades, fixed interest and prop-erty. This week Macro Investor offers a special edition on the prospects for the oil and gas sector. A free 21-day trial is available.
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Mindi Abair at the 2011 GRAMMY Block Party
Photo: Mark Sullivan/WireImage.com
5 Questions With ... Mindi Abair
(A portion of the proceeds from The Recording Academy Los Angeles Chapter's GRAMMY Block Party benefitted PATH, a Los Angeles-based organization dedicated to ending homelessness for individuals, families and communities.)
Jazz saxophonist and Recording Academy Los Angeles Chapter Secretary Mindi Abair was the recent guest for an installment of The Recording Academy's 5 Questions with ... series. Held during the Los Angeles Chapter's GRAMMY Block Party at The Academy's headquarters in Santa Monica, Calif., Abair discussed the importance of Recording Academy membership, music education, the emotion behind playing saxophone, and advice for aspiring musicians, among other topics.
"Saxophone is a human voice," said Abair. "It's just amplified through this beautiful piece of metal."
Born into a musical family in St. Petersburg, Fla., Abair started playing piano at age 5 and picked up saxophone and songwriting three years later. She attended Berklee College of Music in Boston where she earned a degree in woodwind performance and developed skills in styles spanning jazz, rock and R&B. As a session musician she worked with artists including the Backstreet Boys, the Gap Band, Mandy Moore, and John Tesh, among others. Her debut album, 2000's Always And Never The Same, featured nine tracks co-written by Abair and producer/musician Matthew Hager. It Just Happens That Way followed in 2003, peaking at No. 7 on Billboard's Jazz Albums chart.
Abair released several more albums that cracked the Top 10 on the Jazz Albums chart, including 2004's Come As You Are, 2006's Life Less Ordinary, which spawned the Top 5 Jazz Songs track "True Blue," and 2008's Stars. Abair's most recent release, In Hi-Fi Stereo, was released in 2010 and climbed to No. 6 on the Jazz Albums chart. The album spawned the No. 1 Jazz Songs hit "Be Beautiful." Abair is currently on tour throughout the United States.
Come back to GRAMMY.com tomorrow to view performances from Abair's set at the Los Angeles Chapter's GRAMMY Block Party.
Click on the "5 Questions With ... interviews" tag below for links to other GRAMMY News stories in this series.


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43.5303 Blanket protections.Cite as [A.S.C.A. § 43.5303]
(a) No punitive or exemplary damages, and no statutory minimum or treble damages shall be awarded under any theory of recovery, including contract and tort law, for claims arising out of a Y-2K error unless one of the following is found to have occurred in addition to the other facts necessary for the award of such damages:
(1) The Y-2K error was intentionally created by the respondent with the intent to cause damage or injury:
(2) The respondent had entered into an agreement to discover or remedy Y-2K errors with the intent to defraud the claimant; or
(3) The damage o injury was caused by the dissemination of corrupted data to recipients:
(A) With actual knowledge that errors were occurring;
(B) Without reasonable efforts at warning; and
(C) Without reasonable efforts to correct the cause of the errors.
(b) Noneconomic damages (including, but not limited to, physical and emotional pain, suffering, physical impairment, emotional distress, mental anguish, disfigurement, loss of enjoyment, loss of companionship, services, and consortium, and other nonpecuniary losses) shall not be awarded under any theory of recovery for any claim arising out of a Y-2K error except for physical injury directly and proximately caused by a Y-2K error. In any physical injury claim, the amount recoverable for noneconomic damages shall be limited to a maximum award of $375,000.
(c) Joint tortfeasors shall not be held jointly and severally liable under any theory of recovery for any claim arising out of a Y-2K error.History: 1999 PL 26-15.


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Lower South
December, 2009
Regional Report
Start Tomato Transplants Indoors
Tomato transplants can be started indoors in January for transplanting out into the garden in early spring. This is a great way to get the varieties you want and save money on transplants. Place trays in a warm location, such as the top of a refrigerator for rapid germination. When seedlings emerge, move them near a bright window.
Complete Tulip and Hyacinth Planting
Don't forget those tulip and hyacinth bulbs you have stored in the refrigerator. They should be planted by early January for best results. These are usually one-season performers in the south, so plan on reworking the beds in spring for summer color plants.
Don't Wait to Plant Trees and Shrubs
Late fall through late winter is the best time to plant trees and shrubs. Roots will continue to grow in our cool winter soils. Early planting results in an established plant that's better prepared for the stresses of next summer. Firm the soil in around the roots, and water well at planting.
Get a Head Start On Spring Flowers
Sow seeds in flats or containers to get a jump on plant growth before hot weather arrives. Petunias, begonias, and impatiens should be sown in early January. Plants that need warm temperatures, such as marigolds, and periwinkles, should be sown in late January or early February.
Control Winter Weeds
Cool-season weeds are small now and easily removed by hand or with a light hoeing to slice just below the soil surface. Take advantage of nice days outdoors to get ahead of the weeds before warmer weather arrives and they become large, fast-growing invaders!


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General Aviation Party Presidential Candidate
In Brainteaser Quiz #165, I asked, "What certificated general aviation (GA) pilot (preferably living, but that's not a deal breaker) should be the next president of the United States?" No actual politicians were eligible for consideration. Three unnamed pols attempted to sneak into our caucus but were unmasked and will be forced to stand atop a bale of straw at the Iowa State Fair on a 95-degree day in August, pretending to like corndogs while pandering to a crowd of sunburned beer drinkers ... oh wait, they already do that.
We received over 120 secret ballots. The votes were examined for fraud and then tabulated in a secure location at the General Aviation Party (GAP) headquarters, which is located in the back of my hangar beside the parts washer tank. Here now are the results arranged alphabetically in ascending order, beginning with those who received at least two votes, indicating they didn't just vote for themselves.
I (Paul Berge) managed to pick up two votes and would've had more, but the publisher said I couldn't vote more than twice. Being from New Jersey, I found that absurd. Still, two were all the votes Jimmy Stewart, John Travolta and Sean Tucker managed, and they weren't cheating.
Not that I was cheating ...
I am not a crook.
And two votes were independently cast, as best we could decipher, for Zarcon The Mage and Lord Parsley from the fantasy web series Castle Siege.
Coming in at three votes each were AOPA's former president Phil Boyer and supersonic hero Chuck Yeager. Yeager would bring a much higher cool factor to the job, vital when staring down foreign evildoers.
Actor/pilot/god, Morgan Freeman, secured four votes for president. Also polling at four votes was "Me." More accurately, four anonymous voters simply identified their favorite GA pilot candidate as "Me." So, tally four votes for "Me." I can hear the oath of office being administered: "I, Me, do solemnly swear ..." An additional benefit to Me being president would come whenever a policy flops, and the electorate howls, "Me's an idiot! Toss Me out!"
Four votes aren't good enough for the top slot, though. AOPA's current president, Craig L. Fuller, garnered 4.3 votes. Fractional votes are due to some voters splitting their ballots by naming several candidates on one. But even 3/10 more vote than Me had won't get Fuller out of the primaries, because Bob Hoover took in 5.3 votes for president. I'm picturing a Hoover/Tucker ticket. Can you imagine the aerial inauguration parade?
Captain "Sully" Sullenberger pulled in six votes, putting him in what would seem to be serious contention, but six doesn't hold a flamed-out candle to the runaway, landslide victor -- who'll probably just tell us to stick the nomination in our exhaust stacks.
Ladies and gentlemen, the people have spoken -- or at least those who figured out how to work the link to get to this tally -- and the General Aviation Party's 2012 candidate for president of the United States, with 24.5 votes (over four times what Sully got), is Harrison Ford. You know, the Star Wars guy with the earring and neat airplanes and helicopters.
Not to toss cold beer on this political party, but have the 24.5 voters who supported Ford thought about the consequences of this GA enthusiast in the White House? Mainly, he'll never be there! And you know how much hassle it is, now, having a president constantly jetting about the country wrapped in a protective 60-mile TFR bubble. Mr. Ford, should he accept the office, would never give up his Aviat Husky, which means that every back-valley airstrip from Oil Sands, Mont., to Nuevo Malario, Texas, will be shut down with TFRs on every VFR weekend. Still, maybe President Harrison Ford could use his new powers to eliminate TFRs, TSA and big chunks of the FAA ... hmm.
Allow me (not Me) to be the first to congratulate Mr. Harrison Ford for his great achievement. Give 'em hell, Harrison!
While few have been chosen, many have run only to fail miserably. Here, now (in alphabetical order), is the list of also-rans who earned one vote each:
Race pilot and tavern owner, Pancho Barnes, was nominated by someone who suggested renaming the White House the Happy Bottom Riding Club East (a suggestion first floated in the Clinton years).
AVweb's own Paul Bertorelli picked up a single vote, as did Scott Brooksby (yeah, we don't know him, either). Tom Bush (a USN pilot unrelated to the George Bushes, both of whom are pilots but don't qualify because they're politicians) grabbed a vote.
The list of one-vote-getters continues with aviation author Richard Collins and former AMR CEO Robert Crandall. ATP and musician Bruce Dickensen, from the British heavy metal group Iron Maiden, grabbed a vote with a campaign promise to rework "Hail To The Chief" into something far more disturbing. It's unclear if being a foreign national will adversely affect Dickensen's chances in the race.
More single-vote getters include J.E. Burnside, John Deacon, Jeff Dunham, Ronald R. Fogleman, Hoot Gibson (either the astronaut or the 1920s silent movie star, it's unclear which, but we'll accept contributions on behalf of either), Jerry Hierts, Al Haines, Jake Hollow and Martha King. It's telling that although Martha only received one vote, her husband John also received a lone vote but for VP.
General Curtis LeMay found a vote, but it was disallowed. As much as we loved his cigar-chomping SAC demeanor, he ran for office in 1968 and is therefore ineligible. Being dead now has nothing to do with his elimination. In fact, we're not convinced he really is dead. Has anyone seen his real death certificate? Just asking.
Other candidates not getting out the vote beyond one each include Arnold Palmer, Jack Pelton, Matt Petrie and EAA founder, Paul Poberezny. His son, Tom, received 0.3 votes, because he was nominated on the same ballot with two other candidates, another example of the danger in splitting one's vote. Another split-vote victim is Jeff Skiles, the right-seat half of Seaplaning-on-the-Hudson fame, who received a semi-vote (0.5) for president.
Continuing with the votes-of-one list there was an endorsement for actor and pilot Kurt Russell. Brothers Burt and Dick Rutan gleaned one vote each, perhaps by voting for each other. It's worth noting that no one nominated either Wright Brother or any of the Marx Brothers.
Barry Schiff picked up a single vote, tying him with Snoopy. Personally, I would vote for Barry, but in fairness I don't see any problem with a fictional dog running the White House. We could do worse.
Political unknowns Bill Scott and Gary Stevens each earned a vote. Perhaps by 2016, should they run again, we may learn more about them, including who they are.
And, finally, household names Dick Van Grunsven of Van's Aircraft RV-3-4-6-7-etc., fame and Brian Webster, who, to the best of my knowledge, writes dictionaries, rounded out the one-vote-only slate.
Beyond 600 Pennsylvania Avenue
Many GAP voters overreached the presidential mandate and nominated VPs and other cabinet members. We allowed it because, frankly, most people don't care about these positions. Phil Boyer and Morgan Freeman both received nods for VP as did Patty Wagstaff and, as we mentioned earlier, John King. (No doubt Martha's still giggling over that.)
New Jersey's favorite son, John Travolta, was nominated for Secretary of State, a sound choice because he comes with his own jets. Sully and Skiles split a ticket with half-votes each in the Secretary of Transportation category.
Jimmy Buffet holds a one-and-only point lead in the Secretary of Interior race, an apt choice to be sure, since Interior throws the inaugural party.
Pilot and actress Angelina Jolie has a one-vote lock on Secretary of Housing and Urban Development, possibly the dullest cabinet post there is. Our sympathies to Brad.
Chuck Woolery was nominated for Treasury, David Oreck (we think he makes vacuum cleaners) was tapped to head Commerce, and Klingon Michael Dorn has been nominated by one vote to head the Department of Defense. Like most voters, we're really not sure who some of those guys are, but ignorance is no excuse when it comes to voting or tabulating survey results.
That's the lot. It's time now for you to volunteer in the struggle to get the GAP candidate (Ford, if we can find him) onto the November 2012 ballot. And come January 2013, we'll start building that hangar on the White House lawn.
Remember, if you don't vote, some non-pilot might.


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Gummi Rings
1 Item
1 Item
Of course we love all candy and making us choose favorites would be an act of monumental cruelty, but there is something extra special about soft, fruity gummi rings that we find hard to resist. If you share the sentiment, then you are in the right place.
We have gummi rings in every variety below and you will feel like a kid in a candy store. Actually, you sort of are in a candy store, so get shopping. Choose from cherry, blue raspberry, apple, watermelon, peach, jelly rings, crunchy gummi rings, and more.
Don't just settle for one or two favorites based on taste. Mix and match our selection of gummi rings for color combinations that will please your party guests and look great in favor bags, in the candy dish, or just about anywhere else you can think to use them. In short, we are giving you plenty of excuses to order gads and gads of gummi rings. Go wild.


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Home > Sport & Leisure Gifts > Gambling > Roulette
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Asifoa; Lualemana v.
LUALEMANA E. FAOA, Plaintiff
SOSENE ASIFOA and LEFOTU TUILESU, Defendants
LUALEMANA E. FAOA for LUALEMANA FAMILY and
VILLAGE OF A ' ASU, and TUITELE K.A. LE'OSO for
VILLAGE OF LEONE, Plaintiffs/Objectors
A'OLOAU VILLAGE COUNCIL, Defendant/Claimant
A.U. FUIMAONO and the VILLAGE OF A'OLOAU, Plaintiffs
TOLUAO FETALAIGA, Defendant
TUANAITAU TUIA, AVA VILI, TOLUAO FETALAIGA for
themselves and the VILLAGE OF PAVA'lA'I, Intervenors
LEPUAPUA STANLEY MASSEY UTU, for himself and on behalf
of the UTU FAMILY, Intervenor
TUILEFANO VAELAA, TUIAGAMOA, TUIOLEMOTU, and
TUITASI for "AlGA AITULAGI," Intervenors
High Court of American Samoa
Land and Titles Division
LT No. 29-86
LT No. 41-86
LT No. 12-87
December 10, 1990
The filing of a motion for new trial within ten days of the announcement of judgment is a mandatory prerequisite to appeal. A.S.C.A. § 43.0802(a).
A motion for a new trial may be styled a motion for "reconsideration", as long as it is filed within the ten-day deadline and clearly apprises the trial court of the particular errors claimed in regards to its decision.
Although an untimely motion for reconsideration or new trial is ordinarily denied for lack of jurisdiction, the court construed it as a motion for relief from judgment because the movant claimed that he had not been represented by counsel at trial and had therefore not been notified of the judgment against him. T.C.R.C.P. Rule 60(b).
A motion for reconsideration under Rule 60(b) cannot to be used as a substitute for appeal by one who has missed the deadline for appeal. T.C.R.C.P. 60(b).
Although courts have granted relief from judgment when a party did not learn of the judgment prior to the appeal deadline through some fault of the clerk or another court official, it is an abuse of discretion for the court to grant relief when the party missed the appeal deadline through his own or his lawyers fault.
A Rule 60(b) motion cannot be used to save a litigant from strategic choices that later turn out to be unwise.
Before REES, Associate Justice, TAUANU'U, Chief Associate Judge, and VAIVAO, Associate Judge.
Counsel: For Lualemana and Tuitele, Afoa L.S. Lutu
For Asifoa and Tuilesu, Charles V. Ala'ilima
For Fuimaono and the village of A'oloau, Gata E. Gurr
For Toluao, Fai'ivae A. Galea'i
For Tuana'itau, Tau'ese P.F. Sunia
For Utu, Togiola T.A. Tulafono
For Aiga Aitulagi, Tuiasosopo Mariota II
On Motion for Reconsideration or Relief From Judgment:
This motion for reconsideration was filed thirty-five days after the entry of judgment, which is twenty-five days later than the statutory deadline. A.S.C.A. § 43.0802(a) provides that the filing of a motion for [17ASR2d153] new trial within ten days of the announcement of judgment is a mandatory prerequisite to appeal. Such a motion may be styled a motion for "reconsideration" rather than for new trial so long as it is filed within the ten-day deadline and clearly apprises the trial court of the particular errors assigned to its decision.
An untimely motion for reconsideration or new trial should ordinarily be denied for want of jurisdiction. Because the present movant, Toluao Fetalaiga, maintained that he had not been represented by counsel at trial and had therefore not been notified of the judgment against him, we construed it as a motion for relief from judgment under T.C.R.C.P. Rule 60(b) and set it for hearing as such.
At the hearing we heard Toluao's testimony. The record also contains documentary evidence concerning Toluao's representation by counsel. The facts are as follows:
1) Toluao is a matai of the village of Pava'ia'i. He originally entered these consolidated cases in 1986, as an intervenor in LT No. 29- 86. This was an action brought by Lualemana, the principal chief of the neighboring village of A'asu, against certain residents of yet another neighboring village, called A'oloau, whom Lualemana said were occupying his land.
2) Toluao's intervention in LT No. 29-86 was not motivated by any dispute with either Lualemana or the named defendants in the case. Rather, it was part of an effort to litigate an altogether different dispute with A.U. Fuimaono, principal matai of A'oloau. Fuimaono had previously intervened in LT No. 29-86 as a defendant "for himself and on behalf of the village of A'oloau," to assert the proposition that there was a well-settled boundary between the two villages and that Lualemana, not the A'oloau defendants, was on the wrong side of the line.
3) Fuimaono and the various matai composing the Village Council of A'oloau had also offered a survey for registration in the office of the Territorial Registrar, purporting to encompass the boundaries of the village and to be "communal land of the village of A'oloau." Several people had objected to this survey within the statutory sixty-day time limit for such objections, and the dispute had been referred to the High Court where it was designated LT No.41-86. Neither Toluao nor anyone from the village of Pava'ia'i had objected. Pava'ia'i did, however, regard some of the land within the A'oloau survey (an area [17ASR2d154] called "Lago") as really being in Pava'ia'i, and Toluao had begun to plant crops on part of this land. (The other parties maintained that Toluao had only recently moved into the area, and at trial we found this to be the case.) It was in order to litigate this disagreement (the registration by A'oloau including "Lago") that Toluao and two other Pava'ia'i chiefs sought to intervene in LT No. 29-86 (the injunctive action having nothing to do with "Lago"). They appeared "for themselves and the village of Pava'ia'i."
4) Toluao and his two co-applicants for intervention were represented by counsel Albert Mailo. The motion to intervene was granted without objection by any party.
5) In 1987 Fuimaono brought a separate injunctive action against Toluao. Fuimaono again appeared "for himself and on behalf of the village and people of A'oloau." The complaint alleged that Toluao had recently begun occupying land belonging to various A'oloau people within the area called "Lago" and destroying their crops. This dispute was precisely the one that had caused Toluao and the other two Pava'ia'i chiefs to intervene in LT No. 29-86. Toluao was again represented by counsel Mailo, who filed an answer and appeared at various pre-trial hearings. This new case was designated LT No. 12-87.
6) In January 1988 the three cases were consolidated and set for trial.
7) Various other parties were subsequently allowed to intervene. The only one that matters for the purpose of this motion is the Utu family of A'oloau. They alleged that they owned land in the "Lago" area; that these lands were within the survey offered by the Village of A'oloau but in fact belonged to the Utu family rather than to the entire village; and that Toluao had recently begun going on their land and destroying their crops.
8) The trial was continued several times. In pleadings having to do with these continuations and other pre-trial matters, counsel Mailo sometimes referred to himself as "counsel for. ..Tuana'itau Tuia, Ava, [and] Toluao" (the three named Pava'ia'i chiefs) and sometimes simply as "counsel for Pava'ia'i. " This apparently reflected an agreement among Toluao, his two co-intervenors, and the rest of the Pava'ia'i Village Council that they would litigate the case ''as a village." It is clear from Toluao's testimony at the recent hearing that he agreed to this arrangement, although he appears to have been the only Pava'ia'i party [17ASR2d155] who actually occupied any land in the disputed area. According to the arrangement, the party through whom "the village" communicated with its counsel was Tuana'itau Tuia.
9) In 1989 counsel Mailo moved to withdraw as counsel for the Pava'ia'i parties and for some other parties he had been representing. He appended a consent form signed by several clients, including Toluao, and certified that he had "contacted his clients about it and they will retain new counsel. " The Court granted the motion, contingent on the parties' actually retaining new counsel.
10) Later in 1989 counsel Tau'ese P. Sunia entered an appearance on behalf of "Tuia and the Village of Pava'ia'i." Toluao testified that this was also pursuant to the arrangement whereby the various Pava'ia'i parties would litigate ''as a village" and that Tuia would be the one actually handling the litigation.
11) The case was finally tried in May 1989. The Pava'ia'i parties put on two witnesses, Tuana'itau Tuia and an elderly chief of Pava'ia'i. These witnesses testified to the effect that "Lago" had long been part of Pava'ia'i and that parts of it had long been occupied by Toluao and other Pava'ia'i people. Witnesses for other parties testified that Toluao had only recently begun moving into the area.
12) At the recent hearing Toluao testified that he had been present throughout the trial of the consolidated cases. He said he had wanted to testify at the trial and had talked to Tuana'itau Tuia and counsel Tau'ese about it, but that they had insisted it would be better just to present the testimony of Tuana'itau (the "sa'o of the village" and also the Speaker of the territorial House of Representatives) and the elderly chief Pagofie. Toluao acquiesced in this decision.
13) During the trial the Pava'ia'i parties made a stipulation with the Utu family. It was signed by Toluao, by Tuana'itau, and by counsel Tau'ese as "Attorney for Tuana'itau F. Tuia, Toluao Fetalaiga and all the Pava'ia'i Village Claimants." At the hearing on the present motion Toluao stated that he had not really agreed with the stipulation and had had no idea how much land it conceded to the Utu family, but had signed at the request of Tuana'itau.
14) The Court allowed counsel three weeks for post-trial submissions and then took the case under advisement. A decision was rendered on August 6, 1990. The Court held that the area called "Lago" [17ASR2d156] had been occupied by various families of A'oloau for about forty years and that Pava'ia'i had only recently begun to assert or reassert its claim. Specifically, the Court held that Toluao had only begun to occupy this area in the mid-1980s and had thereby displaced the plantations of various A'oloau families. Toluao was enjoined from further activities in the area.
15) The Clerk of Court immediately gave copies of the decision to all counsel, including counsel Tau'ese. Counsel Tau'ese then consulted with Tuana'itau Tuia. It appears that Tuana'itau did not notify Toluao, who was then on an off-island trip. It is not clear whether Tuana'itau consulted with other members of the Village Council. In any event, after his consultation with Tuana'itau about the decision, counsel Tau'ese did not file a motion to reconsider on behalf of the Pava'ia'i parties.
16) We do not know exactly when Toluao did find out about the decision. About a month after the decision was rendered, a person who had been occupying land in the area by permission of Toluao wrote a long letter to one of the attorneys in the case complaining about the decision and asking if there was anything he could do about it. A few days later the present "Motion to Reconsider" was filed by yet another counsel, who said he had not talked to Toluao about it but had talked to members of his family.
It appears from this evidence that Toluao is asking the Court to relieve him not of the consequences of mistake, inadvertence, or excusable neglect, but of a deliberate strategic decision he made early in the course of this litigation. This was the decision to litigate "as a village" and to let Tuana'itau consult with counsel and make the decisions.
The perceived advantages of this arrangement were presumably that Toluao would not have to retain his own counsel; that since A'oloau was litigating "as a village" on behalf of Toluao's rival claimants in the area, it might be strategically wise to make it clear that the whole village council of Pava'ia'i was behind Toluao's claim; and that, under the circumstances, it might be wise to bolster Toluao's claim based on occupation (which everyone else in the neighborhood insisted had begun only recently) by subsuming it within a broader historical claim by Pava'ia'i. [17ASR2d157]
Toluao may also have believed that Tuana'itau was a man experienced in these matters who could handle the litigation more effectively than Toluao himself would be able to do. Toluao had made at least one similar decision in another recent land dispute, representing to the Court that the Toluao family and the Tuana'itau family were "part of the same family" and that Tuana'itau was the sa'o of the whole family; the purpose of this representation was to enable Tuana'itau to represent the interests of both families "pro se." The Court was told at that time that Toluao could not find an affordable lawyer (counsel Mailo having withdrawn in that case as in this one) and did not wish to represent himself. See Leomiti v. Toluao, LT No.35-82.
Nor is it at all clear that Tuana'itau committed "neglect" by not consulting with Toluao about his decision not to move for reconsideration. Although prudence would ordinarily dictate such consultation, Toluao does not allege that it was any part of the Pava'ia'i parties' prior arrangement. Indeed, it appears that Tuana'itau had consulted with Toluao during the course of the litigation only when he needed Toluao's signature on something; yet Toluao had not sought to terminate the arrangement---as he was free to do at any time during the litigation by retaining independent counselor by notifying the Court that he wished to proceed pro se---and had even gone along with Tuana'itau's decisions that he, Toluao, should not testify and that he should sign the Utu stipulation. Toluao evidently knew that counsel Tau'ese would consult only with Tuana'itau when the Court issued its decision. He does not allege in support of the present motion that he told Tuana'itau he wished to be consulted about whether to move for reconsideration, or even that he left Tuana'itau or counsel Tau'ese any information about how to get in touch with him while he was off-island.
A motion for reconsideration under Rule 60(b) cannot to be used as a substitute for appeal by one who has missed the deadline for appeal. Although courts have made exceptions to this rule when the party did not learn of the judgment prior to the appeal deadline through some fault of the clerk or another court official, it is an abuse of discretion for the court to use relief from judgment to allow an appeal where the party missed the deadline through his own fault or through the fault of his lawyer. Spika v. Village of Lombard, 763 F.2d 282, 285 (7th Cir. 1985), and authorities cited therein.
Nor can a Rule 60(b) motion "be employed simply to rescue a litigant from strategic choices that later turn out to be improvident." [17ASR2d158] Good Luck Nursing Home, Inc., v. Harris, 636 F.2d 572, 577 (D.C. Cir. 1980).
We conclude that Toluao was represented by counsel at all times during the litigation, but voluntarily entered into an arrangement whereby a single counsel would represent all the named Pava'ia'i parties and would deal only with Tuana'itau. Having chosen thus to subsume his claim within that of the village and to leave its fate in the hands of the village's principal spokesman, Toluao now seeks relief from a decision made by this agent. Such relief cannot be granted.
Accordingly, the motion is denied. It is so Ordered.