text: « back to directory print Anita Bernstein Anita and Stuart Subotnick Professor of Law 250 Joralemon Street Brooklyn, NY 11201 (718) 780-7934 | Email Areas of Expertise TortsLegal ProfessionFeminist JurisprudenceFamily LawProducts Liability Education B.A., Queens CollegeJ.D., Yale Law School Biography Courses Publications Noteworthy Professor Bernstein is a nationally recognized authority on tort law and feminist jurisprudence, as well as professional responsibility and products liability. Her awards include the first Fulbright scholarship in European Union affairs given to a law professor. She is a member of the American Law Institute and a past chair of the Association of American Law Schools Executive Committee on Torts and Compensation Systems. Her writings have appeared in dozens of law reviews, including the principal ones of Harvard, Yale, Columbia, California, Michigan, Cornell, Duke, Texas, and Vanderbilt. Her books address torts, products liability, and the law of marriage. Professor Bernstein's wide-ranging interests extend to microfinance, diversity as a rationale for affirmative action, and comparative and international law. Her scholarship has been cited in decisional law by federal courts (both trial and appellate) and the supreme courts of Pennsylvania and Texas. She has also authored a series on legal malpractice in the New York Law Journal. Prior to joining Brooklyn Law School, Professor Bernstein was the Sam Nunn Professor of Law at Emory University School of Law, the Wallace Stevens Professor of Law at New York Law School and Norman & Edna Freehling Scholar and Professor of Law at Chicago-Kent College of Law. She also served as a visiting professor at Michigan Law School, Cornell Law School, and the University of Iowa College of Law, where she was the Mason Ladd Distinguished Visiting Professor of Law. Before her academic career, she practiced with Debevoise & Plimpton and was a law clerk to Judge Jack Weinstein of the U.S. District Court for the Eastern District of New York. Related Links: Faculty News Curriculum


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Have you tried a genetic DNA study as an approach to learning more about your family history?
If so, have you made family connections that you wouldn't have found otherwise?
It is essential that you participate in a DNA study as soon as possible. Doing so will save time, and give you a clearer picture of your family history that will bridge the gaps where other genealogical records simply have not survived.
In the past, I avoided participating in a genetic DNA study because of the high cost and the sense that it wouldn't prove anything about my ancestry.
Well, times have changed.
The cost of participating in DNA studies has dropped to very affordable levels and the results are surprising. DNA testing will allow you to clearly see how distinct groups with your surname are or are not related to you.
Imagine being able to sort through records for our family searching not just the surname coupled with a place of birth—but being able to narrow our search to the correct DNA haplogroup, Y-DNA 12 or deeper identifiers so that we can limit our search results to only our relatives.
If you were not sure which Miller, Stark or Sawyer individuals written up in thousands of obituaries were your relatives, knowing which DNA group they fell in would quickly help you to focus on the ones that you are related to.
A few months ago I heard from a researcher in Scotland who was spearheading a study of "Kemp" lines from Ireland, and in particular the Kemp families of County Cavan, Ireland. He wanted to determine if they were all related or if they actually were separate, unrelated families.
A quick search of other DNA projects found a Kemp study already underway, organized by Andrew Kemp in Australia. Efforts were made to find more Kemp men from all parts of the world who would be willing to participate. Seventy-five agreed and the results are still coming in.
I have been researching my Kemp family from County Cavan for the past 50 years. In piecing together the family tree I found that over the past 250 years my family—like so many Irish American families—has been continuously growing and migrating around the world, settling in Canada, Australia, New Zealand, Germany and all across the United States.
As I looked at the big picture I could see that there were large concentrations of Kemp families in England, Germany, Sweden and almost everywhere I looked. Were they all related? It is going to take a long time to examine each Kemp household and see how they connect to each other. Since the bulk of the historical family records simply did not survive, there just aren't records that would prove how these Kemp groups were or were not related—until now.
The results of the genetic DNA study were clearly showing which of the Kemp groups are in fact related.
For example: there is the Johann Conrad Kemp group. He was born in Germany in 1685 and settled in Frederick County, Maryland. The DNA study reports that his descendants are in the E1b1b1 haplogroup.
There is a Kemp family group in County Cork, Ireland. A look at the results for all of the descendants participating in this DNA study shows that they are in the R1b1a2 group.
So—the County Cork group and the Germany/Frederick County Kemp groups are not related.
Knowing where not to look for family connections will save genealogists a lot of time.
What about the large Kemp family in England? Over 25 living descendants have participated in this DNA project and all of them are also in the R1b1a2 haplogroup.
So the County Cork, Ireland, Kemp family group clearly should look to England to document their family connections.
There is a Kemp line in the Bahamas. Since that is a part of the British Commonwealth, perhaps they are also descended from a Kemp line in England. But, DNA testing shows that they fall in the I1 haplogroup common to Scandinavia. So, another completely separate Kemp family line.
Where did my Scotch-Irish County Cavan Kemp line fall?
They are all in the R1a1 haplogroup.
So—they are not related to the English, Maryland/German or Bahamian Kemp groups.
But, look at this genetic testing find: they are related to the Kemp family of Wake County, North Carolina.
The Wake County Kemp family descends from Richard Kemp who was born about 1715 in Scotland and settled in Wake County. His descendants have spread across the southern states. They are in the R1a1a haplogroup.
There are no surviving old genealogical records that can help genealogists connect the multiple Kemp lines, but DNA is now clearly showing us which groups are or are not related.
In the decades ahead we will be able to use the basic DNA haplogroups and full DNA sequencing as additional data that we can search on to extend our family trees.
What a great day for genealogy!

subset: commoncrawl


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Welcome to an Extraordinary Golf Experience!
At Troy Beck Golf Academy, we recognize that not all people learn the same way. We also recognize that people come in many shapes and sizes, have different strengths, and play golf for different reasons and in many different ways. We recognize your individuality, not only in the way you learn, but in what you want from the game. All students cannot be put into one teaching model. The individuality that you bring to the lesson tee is refreshing.
"It is our goal at Troy Beck Golf Academy to make golf an enjoyable experience for all those with whom we come in contact. We hope we can make everyone we teach have the passion for the game as much as we do!"
Troy Beck Golf Academy and Glenn Dale Golf Club run one of the premiere Junior Golf Programs in the country. The Academy is known for kind care of juniors and the quality of the programs it runs. Glenn Dale Golf Club is known for generous contributions to junior golf. We look forward to the opportunity to work with your junior golfer.
Our goal is to make golf a fun learning experience. Ultimately, we would like to develop skills, enhance your golfing experience, and make golf a lifetime sport.
Troy brings over 25 years of experience to the lesson tee and is recognized as one of the premiere instructors in the Northeast. Her innovative use of video analysis, teaching aids and drills accelerates the learning curve for all skill levels.
"There are many things in life that will catch your eye, but only a few will catch your heart..........pursue those."
Start today! 301-262-3683
Glenn Dale GC LPGA Teaching & Club Professionals PGA Middle Atlantic PGA


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November 7, 2012 – Sarasota, FL – Ringling College of Art and Design and Sarasota Memorial Hospital today announced the opening of a new on-campus Student Health Center, making available to Ringling College students a wide scope of medical services to diagnose and treat common illnesses and conditions. Services that cannot be provided directly on-site at the Student Health Center can be coordinated within Sarasota Memorial Hospital's comprehensive network of services.
Through the partnership, Ringling students now have access to a number of core services free on campus by a nurse practitioner, free visits after-hours with a physician at Sarasota Memorial's Urgent Care Center on University Parkway, and coordinated access to the public health system's extensive network of providers and services. Walgreen's Pharmacy has also joined in the partnership to provide free delivery of prescriptions to students at the Student Health Center. A $175 per semester health fee helps support the medical and counseling services provided on campus, and allows students to see a provider at the Sarasota Memorial's University Parkway Urgent Care Center with no out-of-pocket costs.
L to R: Dr. Tammy Walsh, Vice President for Student Life and Dean of Students, Ringing College, David Verinder, Chief Operating Officer, Sarasota Memorial Health Care System, and Dr. Larry R. Thompson, President, Ringling College of Art and Design. Photograph by Ringling student Ferenc Beleznay.
"Students at Ringling College work with a special level of vigor and dedication," said Dr. Brian Mistler, Ringling College Director of Health Services. "Our ability to provide health and counseling services on our campus means students are less likely to delay seeking medical attention. Our students can now get the care they need and quickly return to achieving success in their chosen field. We place a very high value on the holistic health of our students and having medical and counseling staff on campus means students benefit from more accessible direct services and from increased wellness-promoting programming which is key to supporting healthy development among our largely young-adult population."
Dr. Mistler recently joined Ringling College as Director of Health Services, having served previously as Director of Counseling and Student Wellness at Hobart and William Smith Colleges in upstate New York. He received his undergraduate degree in Computer Science and Humanities from Stetson University, M.A. in Conflict Resolution from the University of Bradford in the UK, his Ph.D. in Counseling Psychology from the University of Florida, and Postgraduate Certificate in Financial Management from Cornell University. He is also a member of the American College Health Association and serves on the National Advisory Board for the Center for College Mental Health, and on the Editorial Board for the Journal of Student Affairs Research and Practice. "Donor investment in top-quality resources like our new on-campus student health services and strong community partnerships are critical to support student success. I expect our health program will become a model for other colleges and universities," concluded Dr. Mistler.
On-campus medical services staff includes Stefanie Resch, ARNP, Nurse Practitioner and Tammy Stone, Registered Medical Assistant. Medical direction is provided by Reuben Holland, MD, medical director of Sarasota Memorial's Emergency and Urgent Care Centers. The Student Health Center is equipped to diagnose and treat common illnesses and conditions including: colds & flu, earaches, sore throats, eye injuries, bronchitis, minor lacerations and burns, sinus infections, skin rashes, urinary problems, physicals, gynecological problems, sprains, strains and fractures. In addition, the following services will be provided at no additional cost for Ringling students: visits with a mid-level provider, annual flu shot for every student, annual gynecological exam and pap smear, allergy injection therapy and on-site laboratory testing including urine dip, rapid strep, rapid flu and pregnancy.
"We're proud to partner with Ringling to promote the health of college students," said Dr. Holland. "College is an exciting time for many students – it often means more freedom from parents and a first chance to live on their own. But it's also the time in their life when they begin to take charge of their own health and wellness. Having a clinic located conveniently on campus will give them access to the advice and help they need to stay as healthy as they can."
For more information about on-campus medical services click here or call Ringling College Medical Services at 941-309-4000.
About Sarasota Memorial Health Care System
Sarasota Memorial Health Care System is a regional referral center offering Southwest Florida's greatest breadth and depth of inpatient, outpatient and extended care services, with more than 800 physicians, 4,000 employees and 800,000 patient visits a year. Sarasota Memorial's 806-bed acute care hospital has been recognized repeatedly as one of the nation's largest, safest and best, with superior patient outcomes and a complete continuum of outpatient services– from urgent care centers and physician groups, laboratory and diagnostic imaging centers, to home health, pain management services, inpatient and outpatient rehabilitation and short- and long-term skilled nursing care.
About Ringling College
Ringling College of Art and Design is a private, not-for-profit, fully accredited college offering the Bachelors of Fine Arts degree in 13 disciplines: Advertising Design, Computer Animation, Digital Film-making, Fine Arts, Game Art & Design, Graphic & Interactive Communication, Illustration, Interior Design, Motion Design, Painting, Photography & Digital Imaging, Printmaking, and Sculpture, and a Bachelor of Arts degree in the Business of Art & Design. Located in Sarasota on Florida's Gulf Coast, the picturesque 48-acre campus now includes more than 110 buildings, and enrolls 1,368 students from 42 states and 53 countries. It is recognized as being among the best and most innovative visual arts colleges in the United States as well as a leader in the use of technology in the arts.
Media Contacts:
Sarasota Memorial Health Care System
Kim Savage
(941) 917-6271
Ringling College of Art and Design
Christine Meeker Lange
(941) 359.7594
Rich Schineller
(941) 780.8100
Site optimized for Chrome or Firefox | Copyright © 2015. Sarasota Memorial Health Care System. All rights reserved.


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Adam Levine Launching 222 Fragrance in 2013
You haven't truly made it as a pop star once you've had a No. 1 hit. You have yet to peak even when you nab a role on a hugely popular reality TV singing competition. You have reached the height of fame, however, when you launch your own branded fragrance and that's just what Maroon 5 singer and 'The Voice' coach Adam Levine is doing.
The infinitely stylish and tattooed vocalist will launch his debut scent, 222 by Adam Levine, in May of 2013.
Levine, 32, is known for his thoroughly rock 'n' roll look and image, and that's precisely why ID Perfumes partnered with him. He's also an incredibly picky coach on 'The Voice,' so perhaps he'll be similarly choosy about the notes and accords he wants when creating his debut fragrance.
"Adam is a performer with tremendous charisma, both on stage and on TV. Endeavoring to capture that in a bottle has thus far been very exciting and we're certain the final products will be even more so," ID chairman and C.E.O. Ilia Lekach said in a statement, according to Us Weekly.
Two varieties of the fragrance will be created, one for men and one for women.
Fragrances are cash cows for celebs, and Levine is launching his at the perfect time.


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KTC hosts Wood Tech Company Day
Friday, March 1, 2013 2:00 AM
Pittsburg, KS
Wood technology companies from across the country got a close-up look at potential employees during the March 1 Wood Tech Company Day at Pittsburg State University's Kansas Technology Center.
Nearly 20 companies from as far away as New Jersey and Florida visited PSU to take part in the annual spring event, which exposes PSU students to internship and employment opportunities.
"This is a wonderful event that educates our students about the opportunities and career pathways that exist for them," Doug Hague, assistant professor in PSU's technology and workforce learning, said. "We have companies from across the country that come to Pittsburg State to recruit our students, and we think that speaks volumes about the quality of program we have here. This is a win-win in that our students get great exposure to industry and industry gets great exposure to our students."
Jonathan Adams, chief operating officer for Florida-based Adams Group, said this was his company's first trip to Pittsburg State.
"We were very impressed from the start," Adams said. "There aren't a lot of institutions like this in our neck of the woods, and to see the level of programs within the College of Technology is terrific. We're here to recruit top talent, and it's nice to find students who are trained in the things we'd want them to do. That helps us eliminate on-the-job training, and it makes PSU students very attractive to us."
For the students, the event provides opportunities for networking with a variety of industry professionals.
"The really nice thing is that these companies are coming to us," sophomore Dalton Gainer said. "We don't have to go out and search for possible employers. They're all right here, and you can compare them side-by-side. It's a good opportunity to see what's going on."


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This is our Brain on sugar
This is your brain on sugar — for real. Scientists have used imaging tests to show for the first time that fructose, a sugar that saturates the American diet, can trigger brain changes that may lead to overeating.
After drinking a fructose beverage, the brain doesn't register the feeling of being full as it does when simple glucose is consumed, researchers found.
It's a small study and does not prove that fructose or its relative, high-fructose corn syrup, can cause obesity, but experts say it adds evidence they may play a role. These sugars often are added to processed foods and beverages, and consumption has risen dramatically since the 1970s along with obesity. A third of U.S. children and teens and more than two-thirds of adults are obese or overweight. ~yahoo news


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Letter to the House in Support of the Restoring Healthy Forests for Healthy Communities Act (H.R. 1526)
September 17, 2013
Dear Representative:
On behalf of the more than three million members of the National Education Association, we would like to offer our views in connection with the Restoring Healthy Forests for Healthy Communities Act (H.R. 1526), scheduled to be voted on this week. This bill provides a path forward to providing a lifeline for rural schools in great need: dependable sources of funding. Among its five titles, it provides an approach for long-term funding for communities that currently receive Secure Rural Schools and Community Self-Determination Act dollars, as well as crucial transition funding.
The Secure Rural Schools and Community Self-Determination Act was designed to create a consistent, reliable funding stream for over 4,400 schools in 770 rural counties located near national forests across the United States. Before it was passed, funding for many schools near national forests had dropped dramatically due to declining revenues from timber sales—in some cases, to less than ten percent of historic levels. Students were severely impacted as teachers and education support professionals were laid off, extracurricular programs eliminated, and desperately needed building repairs postponed. Over the years, tens of thousands of students have benefited from the program.
Nevertheless, forested communities in rural areas continue to struggle with extreme poverty, double-digit unemployment, and other pressures. We know that children do best in communities with economic opportunities that allow families to provide for their children—without such opportunities, families and entire communities will continue to struggle.
We support a long-term, sustainable approach to meeting the needs of students and ensuring the economic vitality of forested communities in rural areas. Rural children, families, and communities across the country are depending on Congress to provide leadership on this critical issue.
We urge Congress to consider the economic vitality of rural communities in the context of this broader discussion, which HR 1526 attempts to do. Moreover, we commend the authors of this bill for providing the necessary transition funding to maintain stability in such communities. This funding is absolutely critical as school districts strive to meet our students' needs.
Mary Kusler
Director, Government Relations


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3 Huge Risks for Nintendo Investors
Nintendo is battling to reclaim its former glory. The previous hardware cycle saw the company introduce the DS and the Wii, two incredibly successful platforms that were ahead of the curve in terms of input mechanisms. At the height of those systems' popularity, Nintendo was frequently cited as one of the most exciting companies in tech, but the Japanese hardware and software maker failed to keep up with the hype. October 2007 saw shares of Nintendo hit a lifetime high of $78.50. As of this writing, shares of the company can be purchased for under $16.
Strong competition from Sony and Microsoft on the console front and the emergence of mobile platforms from the likes of Apple and Google present huge threats to Nintendo's business. Can Nintendo overcome the massive risks it faces and return to its heavenly highs?
Reliance on hardware sales is a dangerous game
Approximately 57% of Nintendo's revenue for the fiscal year ended March 31, 2014 came from hardware sales. This figure does not include the sale of controllers or other add-ons for its hardware platforms. While Nintendo has traditionally enjoyed better margins on hardware than its gaming competitors, the company's reliance on platform sales is highly problematic given current industry trends. Its Wii U console currently stands at approximately 6.5 million units sold after roughly a year and a half on the market, while Sony's PlayStation 4 managed 7 million unit sales in just five months.
Switching to handhelds, at approximately 43.33 million units sold as of March 31, Nintendo will be lucky if its 3DS handheld can manage half of the DS's approximately 154 million unit lifetime sale.
One of the biggest dilemmas facing Nintendo is that third-party publishers are showing increasing disinterest in its platforms. At present, this burdens the company with creating enough quality software to drive two distinct consoles.
The obvious difficulties in maintaining this task appear to be pushing Nintendo toward a unified hardware ecosystem that would see similar versions of its games released across multiple systems. Such a move could benefit Nintendo's software development efforts and help its games reach a wider audience, but the move might also lead to fewer hardware sales going forward. Nintendo's core audience would only need to purchase one system to have access to the company's games, and the unified platform strategy would almost certainly limit what was possible on the company's next home console.
Creating two largely similar platforms has the potential to limit each system's individual appeal. Sony attempted a variation of this strategy with the PS Vita, yielding mostly disastrous results.
Quality of Life could be a bust
Nintendo's rapidly eroding position in the gaming market has highlighted a need for diversification. President Satoru Iwata has indicated that the company will broaden its horizons with a new venture dubbed, "Quality of Life." He has also stated that the new, health-based business will have an entertainment component, and that the new venture should challenge traditional perceptions of Nintendo as being just a gaming company.
What exactly "Quality of Life" is remains shrouded in mystery. The company has said that its new business will not be dependent on wearable tech, and that its new branch will operate mostly separate from its gaming division. Some have pointed to the Wii Fit game series as an indication of the direction Nintendo may be pursuing.
The company will need to deliver an experience that is highly intuitive, innovative, and differentiated if it wants to compete in the increasingly crowded intersection of consumer technology and health services.
Commitment to short-term profit would be bad for long-term prospects
After posting three years of consecutive operating losses, unheard of in the company's history as a games maker, President Iwata has emphasized the importance of returning to profitability this year. Then again, he also promised an operating profit of approximately $1 billion last year before proceeding to deliver an operating loss of approximately $456 million.
For the current fiscal year, Nintendo forecasts an operating profit of $393 million, despite the fact that it also projects hardware and software sales mostly in line with those from last year. That leaves the company's new Amiibo figurines and a reduction of operating costs as the chief avenues to profitability. With plans to move into a new space and the need to develop new hardware platforms and improve its online infrastructure, a substantial operating profit would be a sign of investor appeasement at the expense of long-term strategy.
Foolish final thoughts
Nintendo's vast array of IPs and history as an innovator are evidence of the company's potential, but with declining hardware sales, the possibility that its new business will fall flat, and broader strategic concerns, there are too many threats to the company's business to make it an advisable investment at this time.
With Wii U as the current ambassador for the company's home console vision, and mobile threatening to make dedicated handhelds irrelevant, a willingness to embrace uncertainty and an underdog position are prerequisites for those contemplating a position in Nintendo.
Leaked: Apple's next smart device (warning, it may shock you)
Apple recently recruited a secret-development "dream team" to guarantee its newest smart device was kept hidden from the public for as long as possible. But the secret is out, and some early viewers are claiming its everyday impact could trump the iPod, iPhone, and the iPad. In fact, ABI Research predicts 485 million of this type of device will be sold per year. But one small company makes Apple's gadget possible. And its stock price has nearly unlimited room to run for early, in-the-know investors. To be one of them, and see Apple's newest smart gizmo, just click here!
The article 3 Huge Risks for Nintendo Investors originally appeared on Fool.com.Keith Noonan has no position in any stocks mentioned. The Motley Fool recommends Apple, Google (A shares), and Google (C shares). The Motley Fool owns shares of Apple, Google (A shares), Google (C shares), and Microsoft. Try any of our Foolish newsletter services free for 30 days. We Fools may not all hold the same opinions, but we all believe that considering a diverse range of insights makes us better investors. The Motley Fool has a disclosure policy.
Copyright © 1995 - 2014 The Motley Fool, LLC. All rights reserved. The Motley Fool has a disclosure policy.


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CARSON, Calif. (Monday, February 6, 2012) – After beating the L.A. Blues 7-2 in their first preseason game of the year on Friday, the LA Galaxy returned to The Home Depot Center on Monday for the start of their third week of preseason training. The club will hold three training sessions in Carson this week as they move closer to the start of the 2012 MLS season
In addition to their three training sessions, the Galaxy will also host a pair of preseason games, first taking on the Portland Timbers on Tuesday before then hosting the 2011 Eastern Conference Champion Houston Dynamo to close out the week on Friday. Both matches and all training sessions are closed to the general public. VIEW 2012 PRESEASON SCHEDULE
CHAMPIONS LEAGUE TICKETS ON SALE THURSDAY: Tickets for the home leg of the Galaxy's CONCACAF Champions League Quarterfinal against Toronto FC will go on sale starting on Thursday, February 9, starting at $30. That game, which is the second leg of the aggregate goal series against Toronto, will be played at The Home Depot Center on Wednesday, March 14, with kick off scheduled for 7 p.m. Capacity for the game will be limited to just 7,500 because of a long standing, mutual agreement with The Home Depot Center and California State University, Dominguez Hills regarding reduced stadium capacity for midweek games during the school year. This agreement also saw the club play in front of reduced capacity crowds during the MLS Cup Playoffs against New York and in September 2011 against Morelia in the Champions League.
Current Galaxy Season Ticket Holders will be able to use their Bonus Game A ticket for the game. They will also be able to purchase additional tickets through a special presale, which will begin at 10 a.m. on Tuesday, with all remaining tickets going on sale to the general public at 10 a.m. on Thursday, February 9. Tickets can be purchased online by clicking here or by calling 877-3GALAXY.
VILLARREAL SURGERY SUCCESSFUL: Galaxy Homegrown player Jose Villarreal underwent successful surgery today in Santa Monica to repair the bilateral lower leg compartment syndrome, which he was diagnosed with last week. The Inglewood, Calif. native, who was signed by the Galaxy in December, trained with the team for the first week of preseason before experiencing complications from the injury early in the second week of preseason. He is expected to miss six weeks of action while recovering from the surgery, which was performed by Dr. Bert Mandelbaum.
COME SEE THE GALAXY HOST MONTREAL ON FEBRUARY 14: On Tuesday, February 14, the Galaxy will host the Montreal Impact in their fourth preseason game of the year. For a donation of $5 or more to the Los Angeles Galaxy Foundation, a limited number of fans will be allowed to attend the game, which will be played at 10:30 a.m. on University Field #1.
The Los Angeles Galaxy Foundation is a 501(c)(3) non-profit organization, strives to support and create educational, health and recreational activities and programs for children, with a specific focus on aiding disadvantaged and at-risk youth. Through the involvement of the club's players, coaching and front office and support of Galaxy fans, the Foundation seeks to make a positive impact on and off the field.
TWO WEEKS UNTIL TUCSON: With the Galaxy already into the third week of the club's preseason, they are now just more than two weeks away from the start of the Desert Diamond Cup in Tucson, Ariz. The four-team tournament begins on Wednesday, February 22 at the Kino Sports Complex, with LA opening that evening at 5 p.m. against New England. Following that game, the Galaxy will face Real Salt Lake (Saturday, February 25) and the New York Red Bulls (Wednesday, February 29) before closing out the tournament on Saturday, March 3 by playing in either the Third Place Game or the Championship Game.
The Galaxy will travel to Tucson ahead of the start of the tournament and remain there through its completion. The club will then officially kick off the 2012 season in Toronto on Wednesday, March 7 when they take on Toronto FC in the first leg of their CONCACAF Champions League Quarterfinal at Rogers Centre.
Tickets for the Desert Diamond Cup are on sale now, starting at $20 per game, and can be purchased online by clicking here.
ON LOAN UPDATES: Landon Donovan and Robbie Keane continued their loan spells in England last week, each playing in a pair of games for their clubs. Donovan helped Everton go 1-0-1 during the week, beating Manchester City at home and coming from behind to tie Wigan while Keane helped Aston Villa claim a 2-2 home draw with QPR before losing 2-1 away to Newcastle on Sunday.
On Tuesday, Donovan helped to set up the only goal of the game, tallying his third assist in two games, laying the ball off into the path of Darron Gibson for his first goal with the club as Everton upset Premier League leaders Manchester City 1-0. Donovan once again played 90 minutes for the Toffees on Saturday as they drew 1-1 away to Wigan, extending their unbeaten streak in all competitions to five games.
Keane also started a pair of games last week, setting up his squad's opening goal late in the first half of the 2-2 home draw with QPR on Wednesday before scoring his third goal in five games for Aston Villa, tying the score 1-1 late in the first half against Newcastle, though they would go on to lose the game 2-1. Like Donovan, Keane played the full 90 minutes in the game, meaning that he has played at least 89 minutes in all four of his starts since joining Villa on loan last month.
Both players will be back in action this weekend, with Everton hosting Chelsea on Saturday afternoon in a game that can be seen live on FOX Soccer starting at 7 a.m. (PT), and Villa hosting Manchester City on Sunday. That game can also be seen live on FOX Soccer starting at 8 a.m. (PT).
The LA Galaxy will play their first official game of 2012 on Wednesday, March 7 when they face Toronto FC in the first leg of their 2011/12 CONCACAF Champions League Quarterfinal, which will be played at Rogers Centre in Toronto, Ontario, Canada. They will open the 2012 MLS season three days later on Saturday, March 10 when they host Real Salt Lake at The Home Depot Center in MLS First Kick 2012, presented by Dick's Sporting Goods. That game will kick off at 7:30 p.m. (PT) and tickets are on sale now as part of season ticket packages as well as three and six-game plans. For more information about this game or to purchase tickets, please visit the club's official website at www.lagalaxy.com.


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Obama sequester plan already DOA
President Barack Obama's proposal to delay sequestration appeared dead on arrival in the House — even before he announced it.
"I'm flabbergasted," House Armed Services Committee Chairman Buck McKeon told POLITICO ahead of the president's speech. "Until he addresses the real problem, which is mandatory spending, he's just whistling in the wind."
Story Continued Below
( Also on POLITICO: Obama's remarks on sequestration)
The president's proposal to put off mandatory spending cuts and push for more revenue through tax reform was the latest salvo in the never-ending fiscal battles, and Republicans have little appetite for any more revenue increases after the year-end tax-rate compromise. The across-the-board sequester cuts, which would reduce Pentagon spending by $487 billion over the next decade, were originally scheduled to go into effect on Jan. 2, but were delayed to March 1.
Obama insists that a new package of tax revenue and spending cuts is essential to the health of the economy, but this latest public relations offensive lacks the urgency of the New Year's Eve fiscal cliff compromise — and congressional Republicans are no longer in a compromising mood on taxes.
House Speaker John Boehner slammed the plan before Obama even spoke, suggesting that new revenues should not be part of any deficit-reduction package, short-term or long-term.
(Also on POLITICO: Boehner throws cold water on Obama sequester plan)
"We believe there is a better way to reduce the deficit, but Americans do not support sacrificing real spending cuts for more tax hikes," the Ohio Republican said in a statement.
Top Republicans in the House echoed Boehner's sentiment after the president's remarks Tuesday.
"Tax reform should be about making the code simpler and fairer for American families and helping employers create more jobs. The president's proposal is nothing more than another tax hike to pay for more Washington spending," House Ways and Means Chairman Dave Camp (R-Mich.) said in a statement. "That is not what America needs."
Many Democrats have dug in against deeper spending cuts.
"Congress has already cut discretionary spending — defense and non-defense — to levels that jeopardize economic growth as well as services and investments critical to families and communities," said New York Rep. Nita Lowey, the ranking Democrat on the House Appropriations Committee. "We must prevent a single-minded focus on spending cuts from further weakening a still fragile economy."
Speaking from the White House Briefing Room, Obama called for a short-term delay of sequestration, scheduled to begin in March 1, that would include unspecified spending cuts and new revenues through tax reform while a longer-term deficit-reduction package was hammered out in Congress.
"There is no reason that the jobs of thousands of Americans who work in national security or education or clean energy, not to mention the growth of the entire economy, should be put in jeopardy because folks in Washington couldn't come together to eliminate a few special-interest tax loopholes or government programs that we agree need some reform," he said.


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Diablo III community manager, Bashiok, has confirmed the world's first Diablo III completion on Inferno difficulty with a Hardcore player. Video – with potential spoilers – through the break.
Hardcore headlines
Team Meat: No moderation on Super Meat Boy level editing
In an interview with gamrFeed, Team Meat duo Edmund McMillen and Tommy Refenes have confirmed they won't moderate fan-produced Super Meat Boy produce when they release its level editor. Expect carnage.
Sega not finished with mature Wii titles after all - just more casual-focused
No mature games on the Wii? Puh-leeease. Sega catered to your every limb-severing whim with The Conduit, Madworld, and House of the Dead: Overkill, but you were too busy petting Poniez and partying with Babiez to notice. So Sega cleaned up its blood-spattered act and swore off mature Wii games forever. Except that, turns out, […]
Hardcore gamers are "truly insatiable," says Reggie
NoA boss Reggie Fils-Aime has expressed surprise at the fact game fans want to play games all the time. Came as a shock to us too, that. "The gaming enthusiast that buys a tremendous amount of games is truly insatiable," he said, speaking in a VentureBeat interview. "As an example, in March, we launched Super […]
Sega head: Wii is "great opportunity for hitting hardcore gamers"
Speaking to VentureBeat, Sega US president Simon Jeffery has said he believes no one's satisfying the Wii-owning hardcore. We have a hunch he may be right. "The Wii is a great opportunity for hitting hardcore gamers," he said. "No one is doing that. "With "Mad World" from Platinum Games, we are trying to show that […]
New Disgaea 3 screenshots released
Over at Watch Impress. They look pretty terrible to us, to be honest but it's all about the gameplay, right? And that's pretty darn hardcore. Click the link and see for yourselves. By Mike Bowden
Hardcore latest
Sega not finished with mature Wii titles after all – just more casual-focused
Sega head: Wii is "great opportunity for hitting hardcore gamers"


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Seven months ago, today, I watched the sun go down for the first time with a broken heart. I wished it would never rise again, but it did as it has done for millions of years. And as I watch every sunset and sunrise bring color back into my life I realize that no matter how much time goes by my love for you is everlasting, never changing and unwavering and that our "love sun" will never set no matter what the future brings… Love you always baby girl!
Author: admin
Capture your Grief – Day 30. My promise to you
Dear kind soul,
I have kept my promise to you and from that promise she was born. First she was just an idea, then she was an ideal we struggled to reach, then she was two lines on a pregnancy test and a dot on an ultrasound but more than anything she was love.
The day she was born I made another promise, a very special one that only the two of us know about (let's just call it a mother daughter secret ) and just as she was born out of a promise she will forever live in my promise, in our promise … a promise of a lifetime.
Capture your Grief – Day 29. Give away your LOVE
I gave away a big chunk of my heart the day I found out I was pregnant. In return I got to know a beautiful little ballerina, I get to appreciate every moment I have with the people I love and most of all I get to be her mom.
Even after her death, Francesca taught me how to be kind and less judgmental, how to be supportive and loving and through her existence she made sure that kindness will be spread into this world long after her journey here ended.
Much love baby girl!!!!
Capture your Grief – Day 28. Self Compassion
Self care and self compassion were not really my thing even before Francesca was born. After she died I could not get out of bed for days at an end, let alone shower or comb my hair. Looking back I was probably a very stinky mess but none of my loved ones said anything about it… my guess is they were afraid the stinky mess would bite their heads off.
After I graduated from my no light in the room, no shower, no food, no words phase I realized that the best self care I could show myself is to allow my soul to feel, that was far more important than any fancy food or Spa day I could treat my body with.
So on days when I'm on the dark side of the carousel my self care treatment consist of her Tatty Teddy, my Tatty Teddy blanket, a nice cup of tea sipped from my very special ballerina cup, my winter wool boots, my yoga pants, and a good book… this is what self compassion looks like to me.
Capture your Grief – Day 27. Family is Forever
This is our little family… You might have gotten your math wrong after looking at our family portrait so let me set it right for you. This is our family of four people and a bear… you might not see two of the people in the photo but I assure you they are there and I can tell you that they are the most precious little girls this world has ever seen.
They will forever be a part of our family just like any other little soul who will decide to join us on this journey that we call life.
Capture your Grief – Day 26. #Whathealsyou
I don't think we are ever truly healed of the pain and longing that we feel after our children die but there are things that make our days bearable, things that make hope shine again and bring light into our darkness.
There are soooo many things that have helped me, I could never keep track of all of them so I'll just tell you about the ones that go through my mind at this time.
It all begins with the small things: music, pasta, color, chocolate, drawing, M&M's, painting, pizza, sleep, ice cream, darkness, chips, photography, macaroons, coloring books, cherry coke, reading, popcorn, meditation… well I guess you figured it out by now… I'm a foodie 😀.
All these things helped down the road but there was only one thing that I held on to like I was holding on to dear life and that was LOVE… it has been my salvation through my darkest hour and I have faith that it will forever be the thing that never lets me down.
Love was in my every smile ever since I first laid eyes on my husband, It was in my every heartbeat after I became pregnant and in every tear after her heart stopped beating.
Love is in his every embrace as he rocks me while I weep, in his every touch and every good morning kiss, love is in every glance that we share, in every dance we dance, in every word he whispers in my ear when he says "It might be us against the world but we have each other and that's what's important".
My love for him is my choice to march on everyday because I know he will never let go of my hand no matter the pain.
My love for my princesses is in my heart's choice to keep beating for me and for them… my heart beats for three… I wonder if that means I get a longer life 😀
Love has brought this pain, longing and heartache would never exist without love, but it is also the only thing capable of healing and I will choose it every day of my life.
Capture your Grief – Day 25. I am ________
I wish …we had forever…
I remember …falling in love with you.
I could not believe… I had to give you back.
If only… you could have stayed.
I am… still alive…
You know those movies where someone is kidnapped and they are held prisoners in a car, so whenever they drive by some other cars they hold out a paper that says "Help me!" or "Save me"?
While my conscious mind was writing that last sentence, I could literally see an animation of my broken heart holding a paper that said
What I am trying to say is that while I am still alive, I am also her mother… it is only a matter of perspective and who you choose to listen to, the heart or the mind… if you ask me I'll choose my very broken heart every single time because every piece of it is filled with love for her
Capture your Grief – Day 23. Sounds, Seasons + Scents
I think I rewrote this post about a dozen times but words seem to fail me miserably today. So I'll just leave you with the lyrics of a song I love deeply, a song I never thought could mean so much until it did:
"oh they say people come, say people go
this particular diamond was extra special
and though you might be gone, and the world may not know
still I see you, celestial
like a lion you ran, a goddess you rolled
like an eagle you circled, in perfect purple
so how come things move on, how come cars don't slow
when it feels like the end of my world
when I should but I can't let you go?
but when I'm cold, cold
oh when I'm cold, cold
there's a light that you give me when I'm in shadow
there's a feeling you give me, an everglow
what I wouldn't give for just a moment to hold
yeah I live for this feeling this everglow
so if you love someone, you should let them know
oh the light that you left me will everglow "
My love for you will everglow baby girl!
Capture your Grief – Day 22. Pearls of Wisdom
I remember, in the very first weeks after, I read as many blogs and Facebook post about grief as my heart could take. I guess I was searching for something… don't ask me what because I will not be able to tell you but my guess is I was looking for something to save me from the hell I was going through.
I did not find what I was looking for BUT I remember reading one thing that forever stuck in my mind, something that made me laugh, cry and nod my head in agreement for a long long time.
It said "Grief comes in three stages: the beginning, the middle, the rest of your life."
I read it right around the time I was starting to wonder if the pain will ever go away… and there it was… the answer to my question… the acknowledgment of my deepest fear and the acceptance of the fact that what I was feeling was OK.
Things are a lot less foggy right now and it has become clear to me that grief will be my companion through the rest of my life but I have also come to understand that it only exists as a proof of the deepest love I have for Francesca. And since I plan to love her for as many days as I have on this Earth … bring it on Grief!
Capture your Grief – Day 21. Relationships
Today I choose to write about love… this is how it goes…
"My dearest love,
This has been an interesting road we've been walking for the past ten years … We have walked under beautiful blue skies and in pitch darkness but the only thing that matters is that we have walked side by side and that we never let go of each other and that is something i am thankful for everyday.
Continue reading "Capture your Grief – Day 21. Relationships"


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Views: 2611
What a history! I'm so glad, though, that you were shaken up enough to get out of there sooner rather than later!
Christ, can you imagine. I would have grown out of TV so much faster if I had been allowed to watch it, just for one example. I would actually have a year 12 level education in every respect, not just in terms of maths and english, and I wouldn't have an incredibly fucked up sexuality either. Blah.
As far as resentment implies ill will, no, I'm not resentful about the way my parents raised me as a child. Yes, I was held back in a dozen ways, including intellectual, social, artistic, athletic, moral, and others. But I don't really feel they deserve too much blame. They sacrificed greatly to provide me with what their horribly religion-infected brains told them was the best possible upbringing. Certainly, I've wished a hundred times over things were different, but I can hardly hold that against them, regardless of how wrong they were.
But they were extremely wrong.
It wasn't until just two or three years ago that my mother came to the moral epiphany that all non-Adventists weren't either directly worshiping Satan or glorifying him through the worship of the Beast. Seriously. She literally believed that 6,970,000,000 of the planet's 7,000,000,000 people were under the control of supernatural evil forces bent on the destruction of God's faithful remnant. Think about the awful implications that sort of mindset has for someone's life!!!
No, my upbringing could have been worse of course, but it was still pretty awful in it's own way. That I don't hold against them. What upsets me, if anything, is that they make up stories for themselves as to why I'm not a Xian. Rather than accepting that the system isn't internally consistent, or even that that is my own subjective view of things, they bizarrely tell themselves I decided evolution was true and therefor god was false. It might be a good enough reason, I suppose, but for me, the whole thing fell apart internally and then I replaced it with something more consistent once the rubble was cleared. I guess they just feel more comfortable pretending it was knocked down by some outside force than that it crumbled on its own. But the weird denials and the "this is what you believe now!" are incredibly off putting.
Belly laughs on the second paragraph here. :)
I feel resentful and angry sometimes. I feel that a huge chunk of my life was wasted. Honestly speaking, I feel like I should have enjoyed college more. I missed many many parties and school events because of my beliefs at the time. I turned down hot girls that were ready for sex. It even took me longer to graduate because I wouldn't attend classes on Friday nights or Saturdays during the day. I missed certain classes year after year because of this and it actually took me an extra year to finish my Bachelors degree. I missed job opportunities because I didn't want to work on Sabbath. In short, I could have had way more sex, could have finished school quicker, and could have taken advantage of certain job opportunities. So yeah, I'm a little pissed sometimes.
So sorry to hear that. I'm a 12 year survivor of parochial school myself. My fiancee and I were just talking about that this afternoon. It's hard to believe how many states are opting for voucher programs now. It's horrifying that the government is now paying for children to be abused like we were. It's going to be like Ireland before long.
Absolutely. It's not that I don't think I did okay with it, because in retrospect, I feel like I did really well. But I would have had so many more resources, and I could have done really well so much easier, at a school that actually promoted critical thought and free inquiry.
I love this page. Nice to know I'm not the only one feeling all fucked up inside.
Hard to say. Reading some of these accounts, boy am I glad I wasn't raised that deep into Adventism. My father was raised Presbyterian, and even though my mother converted him to Adventism, half my extended family wasn't Adventist, so I wasn't entirely secluded. In fact, though I'd never tell him, I can directly point to my father's influence in how I was able to figure things out for myself. It wasn't that he was a 'bad Adventist', he just always gave me the impression that religion shouldn't be taken too seriously. My mother on the other hand is completely hopeless. Hardcore "God and Jesus are the only things that matter" mindset.
Am I resentful? A bit. It's hard coming into your own and trying to discover who you are amid such a repressive ideology.
Yeah you could say that. Anger, depression, isolation. These are a few of the gems that religion has brought to my life. After seventeen years of repressing my transgendered self and the social anxiety that has come out of that because so many religious people I knew have always been openly against and outraged by those kinds of people. Now after so long of avoiding myself I get to deal with my wife leaving me and the likelihood that I will only have a small part to play in our son's life. Not to mention a general uneasiness around most all of my family and their friends.
I can see that my religious indoctrination was probably done with good intentions, but that doesn't make it good or acceptable. Hitler believed his intentions were good and he was a fascist nut job. Intentions don't mean squat.
Ultimately with the consideration that these people think they are doing good, I can set my anger on more worthy obstacles and religion in general is only left with my disgust.
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24 Kan. App. 2d 205
No. 76,559
SHUGHART THOMSON & KILROY, P.C., Appellant, v. MAX RIEKE & BROTHERS, INC., and AMERICAN STATES INSURANCE COMPANY, Appellees.
1. Supreme Court Rule 7.07(b) (1996 Kan. Ct. R. Annot. 45) applies to claims for attorney fees on appeal arising out of contract, as well as those claims for fees pursuant to statute.
2. A party relying on a contractual provision to assert a claim for attorney fees incurred in a prior action should assert that claim in the prior action, not in a separate later action against the same defendant.
Appeal from Johnson District Court; LARRY McCLAIN, judge. Opinion filed August 8, 1997. Affirmed.
Steven D. Ruse, of Shughart Thomson & Kilroy, P.C., of Overland Park, and Roy Bash, of the same firm, of Kansas City, Missouri, for appellant.
Charles D. Lawhorn, of Lawhorn, Simpson & Polsley, of Shawnee Mission, for appellees.
Before ROYSE, P.J., LEWIS and KNUDSON, JJ.
ROYSE, J.: Shughart Thompson & Kilroy, P.C., (Shughart) brought this action against Max Rieke & Brothers, Inc., (Rieke) and American States Insurance (American States) to recover attorney fees incurred in a previous action. The district court dismissed the case, and Shughart appeals.
The previous action concerned construction work on Interstate 35. Florence Construction Company (Florence) had entered into a contract with the Kansas Department of Transportation to do certain highway construction work. Florence, in turn, subcontracted part of the work to Rieke. The subcontract contained the following provision regarding attorney fees:
|"And the Subcontractor shall indemnify the Contractor and the Owner against, and save them harmless from, any and all loss, damage, costs, expenses and attorneys' fees suffered or incurred on account of any breach of the aforesaid obligations and covenants, and any other provision or covenant of this Subcontract."
Florence sued Rieke and its surety, American States, claiming Rieke had breached its obligations under the subcontract. Following a hearing, the district court granted judgment to Florence in the amount of $234,752.70. This judgment included $30,000 in attorney fees incurred by Florence as a result of Rieke's breach of contract. Rieke appealed from the judgment, and Florence cross-appealed. This court affirmed the judgment of the district court in an unpublished opinion filed April 29, 1994.
Florence was represented by Shughart in its action against Rieke. On October 10, 1994, Florence assigned to Shughart its rights to the fees owed by Rieke and American States. On October 20, 1994, Florence signed a document acknowledging receipt of the judgment amount and indicating that the judgment was satisfied and released.
On July 25, 1995, Shughart filed this action against Rieke and American States, alleging it was entitled to recover $16,068.04 in additional attorney fees incurred in connection with post-trial proceedings and the appeal in the first case, as well as fees incurred in pursuing this action. The district court denied Shughart's motion for summary judgment and granted Rieke's oral motion to dismiss. The district court reasoned that no request had been made in the first case for an award of additional fees for work done before the appeal was filed, that Shughart had failed to comply with Supreme Court Rule 7.07 (1996 Kan. Ct. R. Annot. 45), and that Shughart was barred by the doctrine of collateral estoppel from recovering fees incurred in this action.
Shughart's first argument on appeal is that Rule 7.07(b) has no application to this case. That rule provides: "Appellate courts may award attorney fees for services on appeal in any case in which the trial court had authority to award attorney fees."
Shughart acknowledges that no request was filed under Rule 7.07(b) for fees incurred during the appeal of the Florence/Rieke action. Instead, Shughart contends that Rule 7.07(b) applies only where the district court's authority to award fees is derived from a statute. Where a claim for attorney fees is based on contract, Shughart contends, Rule 7.07(b) does not apply.
To support its argument, Shughart relies on Evans v. Provident Life & Accident Ins. Co., 249 Kan. 248, 815 P.2d 550 (1991). Evans was an action to recover the proceeds of an accidental death policy. Plaintiff obtained a judgment against the insurer and was awarded fees by the district court pursuant to K.S.A. 40-256 (refusal to pay without just cause or excuse). Plaintiff also sought attorney fees on appeal. This court had remanded the case to the district court for a determination of attorney fees on appeal, an action which the Supreme Court disapproved.
"This is contrary to our Rule 7.07(b) . . . .
. . . .
"Civil appellate attorney fee awards are to be determined by the appellate court hearing the appeal. Motions for attorney fees incurred before the Court of Appeals should be determined by the Court of Appeals." 249 Kan. at 265.
Shughart characterizes Evans as a case concerned only with fees awarded pursuant to statute. Shughart infers, then, that Rule 7.07(b) does not apply when the claim for fees is based on contract.
Shughart's attempt to distinguish Evans is not persuasive. The mere fact that Evans concerned an award of fees pursuant to statute does not warrant the conclusion that Rule 7.07(b) applies only to statutory fee awards. The language of Rule 7.07(b) is clear and comprehensive. The rule encompasses "any case in which the trial court had authority to award attorney fees." The language used in the rule does not support the narrow interpretation urged by Shughart.
The few cases which have discussed Rule 7.07 emphasize that the purpose of the rule is to encourage the efficient resolution of issues surrounding costs and fees incurred on appeal. As stated in Olsen v. Olsen, 7 Kan. App. 2d 472, 475-76, 643 P.2d 1153 (1982), submitting the question of attorney fees incurred on appeal to the district court does not advance the orderly administration of justice:
|"For a trial court to render an informed decision on the matter, it would have to study the appellate briefs, perhaps have a transcript of the oral arguments made before the appellate court, and study the appellate court's opinion or memorandum to decide whether the court rested its decision on any of the parties' arguments. The trial court would be asked to do what the appellate court is already in the position to do at the end of the appeal. The trial court's decision would then, of course, be subject to appeal, bringing the matter back full circle."
See Evans, 249 Kan. at 265-66.
For these reasons, we agree with the district court that Rule 7.07(b) applies to claims for attorney fees on appeal based on contract. Shughart's request for attorney fees incurred in the prior appeal should have been submitted to this court under Rule 7.07. Because Shughart failed to comply with Rule 7.07, the district court correctly dismissed Shughart's claim for attorneys fees incurred in the prior appeal.
Shughart's second argument on appeal is that the district court erred in denying its motion for summary judgment. Shughart contends that as a matter of law it is entitled to recover the additional attorney fees incurred in the Florence/Rieke action and in initiating this action. Specifically, Shughart relies on the legal principles regarding assignment and collateral estoppel.
Shughart's argument ignores the district court's determination that any claim for additional fees in the Florence/Rieke action should have been pursued in the Florence/Rieke action. To hold otherwise would be to set in motion an "endless stream of litigation." Summit Valley Industries, Inc. v. United Brotherhood of Carpenters & Joiners, 456 U.S. 717, 726, 72 L. Ed. 2d 511, 102 S. Ct. 2112 (1982). Rather than signaling an end to litigation, the filing of a journal entry would operate as a license for the plaintiff to file another action for fees incurred in obtaining the preceding judgment.
We have found no Kansas cases which directly address the appropriate way to pursue a claim for attorney fees based on contract. In those cases in which a plaintiff pursued fees based on a contractual provision, however, the claim was asserted along with the other claimed breaches of contract. See Wheat Growers Ass'n v. Rowan, 125 Kan. 657, 266 Pac. 104 (1928); Wheat Growers Ass'n v. Rowan, 125 Kan. 710, 266 Pac. 101 (1928); Oak Park Investment Co. v. Lundy's, Inc., 6 Kan. App. 2d 133, 626 P.2d 1236 (1981).
Other jurisdictions which have addressed the question generally permit a separate action for fees incurred in prior litigation as a result of a tort or breach of contract only when plaintiff's expenses were incurred in prior litigation with someone other than the present defendant. See Wichita v. Pima Co., 131 Ariz. 576, 643 P.2d 21 (Ct. App. 1982); Ritter v. Ritter, 381 Ill. 549, 555, 46 N.E.2d 41 (1943); 22 Am. Jur. 2d, Damages § 617, p. 678. See, e.g., City of Fort Scott v. Penn Lubric Oil Co., 122 Kan. 369, 252 Pac. 268 (1927); see also Note, Recovery of Attorney Fees in Kansas, 18 Washburn L.J. 535 (1979).
Finally, Shughart's argument ignores the fact that its collateral estoppel argument applies to its claim for fees. Collateral estoppel bars relitigation in a different action of issues conclusively determined in a prior action. Penachio v. Walker, 207 Kan. 54, 57, 483 P.2d 1119 (1971). Collateral estoppel requires: (1) a prior judgment on the merits which determined the rights and liabilities of the parties on the issue based upon ultimate facts as disclosed by the pleadings and judgment; (2) the parties must be the same or in privity; and (3) the issue litigated must have been determined and necessary to support the judgment. In re Estate of Beason, 248 Kan. 803, 813, 811 P.2d 848 (1991).
Shughart claims that the three requirements of collateral estoppel are satisfied and that Rieke and American States are therefore bound by the prior judgment. But, if Shughart is correct, it likewise is bound by the prior judgment. See Patrons Mut. Ins. Ass'n v. Harmon, 240 Kan. 707, 710-11, 732 P.2d 741 (1987). Having asked the court to determine the amount of a reasonable attorney fee for work performed in the Florence/Rieke action, Shughart cannot now relitigate that issue.
For these reasons, we agree with the district court that Shughart's claim for additional fees incurred in the previous action should have been asserted in that previous action. Because there was no reason to initiate this separate action, Shughart was not entitled to recover fees for initiating this action.


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Standards-setting body IEEE has hit an important milestone on the road to a standard for broadband over power lines (BPL). The group has announced the development of a list of requirements for IEEE P1901, which will govern all aspects of BPL delivery.
IEEE P1901 will be a comprehensive specification, covering not only "pure" data delivery, but other services such as VoIP and video. It will encompass power line transmission, the in-home wiring that carries data over low-voltage wires, and a "coexistence and interoperability cluster" that will ensure compatibility among all devices on BPL networks.
"Gaining agreement for BPL system requirements is a major achievement and clears the way for the working group to create a solid standard," says Jean-Philippe Faure, chair of the IEEE P1901 Working Group.
The "great white hope" of broadband
The first tests of BPL were carried out in 1997 in the UK, but in its early form the technology was too problematic and expensive. Work continued on the tech and in early 2004, new field tests began. The reemergence of BPL from its late 90s disappointment renewed hopes that it would become a viable third alternative for broadband (and the sole source in rural areas).
Although the trials turned out well enough, BPL has caught on much more slowly than its backers have hoped. Those backers include the Federal Communications Commission, which reaffirmed its rules governing the technology in August 2006. Increased BPL development would fit beautifully into the FCC's competitive worldview—one where competition is between broadband modes and not service providers. "Promoting the deployment of broadband continues to be one of our top priorities and today's action is another step towards reaching that goal," FCC Chairman Kevin Martin said at the time. The FCC even classified BPL as an information service—just like cable and DSL—in November 2006 in an attempt to make investment more attractive.
While there have been a couple of high-profile investments in BPL tech, most notably the nearly $100 million Google and Goldman Sachs invested in Current Communications in 2005, deployment has been anything but speedy. At the end of 2005, there were only 6,000 BPL subscribers in the US, and a May 2006 report by the Government Accountability Office characterized BPL as being in the "trial stage," with limited commercial deployment.
One of the biggest problems faced by BPL is skepticism on the part of power companies that investment in the technology will pay off. Do utilities want to become ISPs, forcing them to add staff and technical expertise that they currently lack? Another issue is interference in the radio spectrum. BPL's backers say that they've all but solved that problem, but many ham radio operators would disagree with that assessment.
The IEEE hopes to have a global draft of the IEEE P1901 standard completed next year, and an open standard covering the entire BPL service chain might provide a further incentive for companies to invest in the technology as equipment prices fall.
Research firm Parks Associates has predicted that BPL will have over 400,000 residential subscribers (of an estimated over 60 million households with broadband) by year end and 2 million by the end of 2010. That's an optimistic picture given how slowly deployment has moved up until now. The regulatory climate is there and the IEEE is working on a standard governing the technology, but not many utility companies are interested in offering BPL. Until the last bit of equation changes, BPL won't be taken seriously as a competitive alternative.


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Beginning 2014-2015, 8th grade students will be able to utilize calculators on the STAAR assessment. See message from TEA below.
February 10, 2014
SUBJECT: Calculators for the State of Texas Assessments of Academic Readiness (STAAR) Grade 8 Mathematics
The Texas Education Agency (TEA) will be implementing the new Texas Essential Knowledge and Skills (TEKS) for grades 3–8 mathematics in the STAAR program beginning in the 2014–2015 school year. The new TEKS for grade 8 mathematics focus on algebra readiness skills that require graphing technology. In addition, areas of emphasis in the new grade 8 curriculum include proportionality, expressions, equations, relationships, and functions. The significant increase in algebra content in the grade 8 TEKS dictates the use of graphing calculators not only in classroom instruction but also on the assessment. For these reasons, TEA is revising the testing calculator policy to require graphing calculators on the STAAR grade 8 mathematics assessment.
Allowing direct access to calculators on the STAAR grade 8 mathematics assessment will provide students with the opportunity to better demonstrate both their knowledge and their ability to apply the content. Changing the calculator policy to allow use during this assessment supports the close alignment of assessment with curriculum and instruction. In addition, expanded calculator use in curriculum, instruction, and assessment will support college and career readiness; 21st century skills; and science, technology, engineering, and mathematics (STEM) initiatives. Furthermore, educators, including mathematics teachers and administrators, support the use of calculators as a tool for grade 8 mathematics.
New STAAR Policy: Beginning in the 2014–2015 school year, districts must ensure that each student has a handheld graphing calculator to use when taking the STAAR grade 8 mathematics assessment.
Districts will be required to have a sufficient supply of calculators available so that each student has access to a calculator, not only on the day of testing but also for routine class work. This policy is aligned with and supports the TEKS by ensuring that all students in grade 8 mathematics classes have access to calculators. This new calculator requirement is the same as the STAAR Algebra I calculator requirement.
Many school districts have already begun the budgeting process for future school years. In planning district budgets, please be aware that the instructional materials allotment can be used for calculator purchases to support this new policy.
Thank you for your continued commitment to the success of Texas students. If you have questions regarding the STAAR program, please call the Student Assessment Division at 512-463-9536. If you have questions regarding the new TEKS for mathematics, call the Curriculum Division at 512-463-9581.
Michael Williams
Commissioner of Education
cc: District Testing Coordinator


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Africa wasn't one of my Favs as far as the castaways, but I liked it b/c it had a different kind of beauty and it was more challenging to live where water wasn't plentiful. They had to perform more survivor skills..like sanitizing the water by boiling it. Africa was based more on using realistic survival skills than the island locales. Each show had certain types of conditions requiring survival skills, but Africa was the most difficult I think. Yeah, they were dirty all the time, so surviving thru dirt & grime is just one more thing to endure. That is REAL reality which I've often thought there should be more of in Survivor. Make it harder for them. Don't give them rewards of booze & lavious food!! Make them sweat it out & learn how to really survive using their own noggins! For rewards, give 'em only practical things (like has sometimes been done)...fish hooks, shovels etc. I can only comment on Pearl Islands, Borneo and All-Stars, as those were the only ones I watched, but I would love to see Africa, since it had the most All-Stars come from it(I think). (Lex, Tom, Ethan, among others).Of the two inland locales, Australia was my Fav overall. Now to the question "Do u think that # 10 will be as good?"How the heck do I know?!!! :\/ :\/ :\/ Your guess is as good as mine!! _{}
Well, ten will be good. But I think 11 will be the best (because that is when Wendy will finally be selected) Right Wendy?
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Nature, red in tooth and claw - a lioness in Selinda Reserve, Botswana
Wildlife safaris in Africa
Spotting a magnificent black-maned lion on a Kalahari dune, relaxing to watch elephants mud-bathing in the midday sun, or following a pack of wild dogs at high speed as they hunt – all have figured amongst our travellers' best wildlife safaris in Africa.
However, there is such a variety of options – about 90% of our trips are wildlife safaris – that making blanket recommendations for what we think are "the best wildlife safaris" would be foolish. The truth is that choosing the wildlife safari which is best for your trip to Africa depends enormously on you: what you want to see, how you like to travel and what kind of experiences you want. Make your first step towards this: a call to discuss your ideas with one of our experts.
Meanwhile we hope that the ideas below will offer inspiration. We've tried to highlight the strengths of the various countries; click below for our recommendations on some of the best camps and lodges for great wildlife experiences. These lists are far from exhaustive; many excellent camps aren't included here – but you will find the crème de la crème of places which offer outstanding wildlife experiences, as well as some which excel for very specific species or activities.
Whether you want to witness the Serengeti's Great Migration, track rhino on foot or gently approach some of the world's last mountain gorillas, use our expertise to find the best wildlife safaris in Africa for you.
Wildlife safaris in Botswana
Botswana's wildlife safaris are perhaps the best in Africa: the vast reserves are usually un-fenced, so the wildlife runs free between them; many areas are private, guaranteeing truly exclusive wildlife safaris; and at their heart that the Okavango Delta is one of the world's most amazing environments.Ideas for wildlife safaris in Botswana
Wildlife safaris in Kenya
Kenya is the country where the word 'Safari' (Swahili for 'journey') actually comes from. Close encounters with a variety of wildlife in breath-taking landscapes, luxurious and unusual camps and lodges and the fascinating culture of Kenyan tribes bring the country top of many lists for the best wildlife safaris in Africa.Ideas for wildlife safaris in Kenya
Wildlife safaris in Namibia
Wildlife safaris in Namibia can be outstanding. The country has Africa's highest cheetah population, good numbers of leopards, plenty of black rhino and many endemic species. The stunning scenery makes a fantastic backdrop for wildlife safaris and as travel is easy in Namibia, the country is particularly suited for self-drive trips.Ideas for wildlife safaris in Namibia
Wildlife safaris in Rwanda
Having walked since dawn, you're tired but your senses are alive. You hear them grunt before you see them: a group of mountain gorillas, spread through the dense vegetation. The massive silverback isn't far. You look at him - and he stares back, wide-eyed; it's the intense gaze of an intelligent, thinking being.Ideas for wildlife safaris in Rwanda
Wildlife safaris in South Africa
Expert Africa covers only the western side of South Africa, including the Cape and Kgalagadi. Within this, a few wildlife safari areas compete with the wilder parks further north in Africa. However, much of the Cape is malaria-free, and so it includes some of the best safaris in South Africa which are suitable for families with young children.Ideas for wildlife safaris in South Africa
Wildlife safaris in Tanzania
Tanzania offers a winning combination: some of Africa's best wildlife safaris plus stunning tropical beaches. Besides the Serengeti's famous wildebeest migration, there are other world-class safari locations here. For wildlife safaris in Tanzania, consider three areas: the famous 'northern circuit', the wild parks in the south, and the remote parks of western Tanzania:Ideas for wildlife safaris in Tanzania
Wildlife safaris in Zambia
Top-class walking safaris, the outstanding quality of guiding, and many highly individual lodges - all mark out a safari in Zambia for one of the best wildlife experiences in Africa. Especially for travellers who long to get out of the 4WD and explore the bush by foot, a wildlife safari in Zambia might be the right choice.Ideas for wildlife safaris in Zambia
Wildlife safaris in Zimbabwe
If watching wildlife from a 4WD is not close enough for you, then go on a wildlife safari in Zimbabwe! Here, highly-trained and experienced guides can get you really close to game. We think the country's captivating wildlife and superb guides do more than compensate for the rather basic standards at some camps!Ideas for wildlife safaris in Zimbabwe


text:
Kevin Monahan posted this link to a PDF white paper that pretty much tells you all about FCS 3
Other helpful links
What's new:
19 movies for you to watch from Ripple Training:
FCS User Manuals (now available as downloadable PDFs)
FCS Pro Res White Paper July 09
What's new in Final Cut Server 1.5
10 things I love about FCP 7 by Steve Martin
Shane Ross found these:
HELP LIBRARY: Comprehensive documentation for Apple?s professional applications.
Final Cut Studio Workflows
The Final Cut Studio Workflows document has been designed to summarize the overall post-production process and show how the various applications in Final Cut Studio fit into it. This manual also explains how the applications in Final Cut Studio work together, letting you send projects and media from one environment to another to perform specialized tasks.
Walter Murch and Francis Coppola talk Final Cut Studio and Tetro
Pro Level Training DVDs from macprovideo.com
New Books & Free Tutorials from Peachpit
3 Hours of free Final Cut Studio tutorials from Lynda.com
Free Video Tutorials from ZioPro
Free FCP7 Tips and Tutorials from Alex Gollner and Editing Organazized
Download FREE Final Cut Pro Alpha transitions, Color looks, and Compressor droplets at no additional charge.
Red Giant plug-ins FCS09 Compatibility Chart
Mike James Critical look at what is missing from the NEW Final Cut Studio
Note: Some third party tools already address some of the omissions Mike mentions.
Mike Curtis reviews for Macworld
Scott Simmons "kicks the tires" on FCP 7 and finds the "good and bad and ugly."
There are a gazillion Apple Support Knowledge Base docs released as part of the FCS3 release, but unfortunately I subscribe to them via RSS and cant find a URL where all of them are. You can subscribe via RSS by going here:
Q. Do I really need an Intel Mac to install this?
A. Yes, you do. No one has found a way around it. Yet. However if you do a "Get Info" on each of the apps you will find that it says Universal on all of them. See here:
Q. Can I upgrade from any previous version of Final Cut Studio?
A. Yes. You can purchase the FCS upgrade for $299.00 and install that if and only if you have a legitimate copy of Final Cut Studio, Final Cut Production Suite or any previous version of Final Cut Pro installed on your Mac.
Q. Can I buy the upgrade if I have an NFR or Academic Version of Final Cut?
A. Nope. You now need to purchase the full retail version for $999.00. Congratulations.
Q. How come the Price for the Full Retail version of FCS went DOWN $300.00 and the Academic Price went UP $200.00?
A. We don't know. But the numbers suggest that if you are a Student thinking about purchasing FCS for the first time you might be better off buying the full retail version for $999.00 rather than trying to save $100.00 for the Academic version. You can't upgrade from an Academic version. You can from the retail version.
Q. Does a paper manual ship with the NEW Final Cut Studio?
A. Nope. Be proud that no trees died for the NEW Final Cut Studio.
Q. Is FCP 7 backwards compatible with FCP 6?
A. No. You can export a FCP 7 file via XML version 4 and open that in FCP 6. Works just fine.
Q. How come it took 2 years for this?
A. Because that's how long it took.
Q. Is it worth it upgrading to the NEW Final Cut Studio?
A. For just $299.00?! Are you kidding me?
Q. I really need some of these new features. Should I upgrade now?
A. Not if you are in the middle of a project. If you are the conservative sort wait a few months and keep reading what everyone else is saying and THEN upgrade. If you live on the edge then by all means upgrade. Then post on this forum and tell us all about what wonderful and painful things you find.
Q. I hear the official name of the NEW Final Cut Studio is just "Final Cut Studio." Won't that be confusing?
A. Yes it will.
Please add to this thread links to any helpful web sites on FCS3 including reviews/opinions from end users.
Michael Horton
This list is by no means complete. I just compared the FCP tech specs on v6.0 and v7.0.
Editing and Timeline
- Multi colored markers for sequences and clips
- Ripple sequence markers
- Matchframe for master clips, subclips, and subclip parent clips
- Multi-Touch gesture support
- Color-coded, drag-and-drop reorder of tabs in the Timeline
- Close Other Tabs shortcut in Timeline and Browser
- The Close Gap command now operates on the gap at the cursor location
- Join All Through Edits command lets you clean up the sequence in a single step
- If you?re working with multiple sequences, you can get started faster by holding down
the Option and Shift keys when you open Final Cut Pro
- Retain markers on multiclips when you switch angles and add marker notes to make
multicam projects more efficient
- Reveal Affiliate Clips feature to automatically select every instance of a clip in a
sequence, so you can apply a color correction or efficiently move or delete all
instances in a single step
- Export a tab-delimited Markers list to track marker information in a spreadsheet or
- Alpha Channel Matte Transitions
- Global Transitions adds effects between In and Out points
- Direct access and modify Motion templates
- Change Speed interface with speed ramping presets
- Copy and paste motion and effect attributes to multiple clips
- Safe Area Display for positioning titles and effects for SD inside HD frame
- Large Timecode Viewer with additional display for metadata
- iChat Theater preview for real-time collaboration
- You can now use Audio Gain (Adjust) buttons on a selected audio keyframe or the two
keyframes surrounding the playhead
- Digital Cinema Desktop for full-screen, real-time SD, HD, and 2K preview playback on
main screen or an attached Apple Cinema or LED Cinema Display
- SD, HD, and 2K monitor full-screen playback with Apple-certified third-party PCI card
or device
- User preferences that can be moved from system to system
- Drag and drop files to create new or add into existing Cinema Tools databases
- Import RED media and DPX image sequences directly into Cinema Tools
- Create change lists from 2 XML exports from Final Cut Pro
- Use Cinema Tools databases for relinking of EDLs with 2K and 4K media in Color
- Support for 35mm 3-perf, 35mm 4-perf, and 16mm-20 and mixed film formats
Supported Formats and I/O
- Apple ProRes family, New versions of the Apple ProRes codec let you edit faster and at
higher quality across a wide variety of workflows. The family now includes ProRes 422
(Proxy), ProRes 422 (LT) and ProRes 4444, in addition to the original ProRes 422 and
ProRes 422 (HQ)
- DVCPRO HD (P2), XDCAM EX, AVC-Intra, AVCHD, RED (with additional software from
RED) import through Log and Transfer with automatic logging, custom naming,
browse, mark, and background ingest
- Easy Export supports presets for background export to Apple TV, MobileMe, iPhone,
iPod, YouTube, DVD, Blu-ray disc
- Apple-designed menus for DVD and animated menus for Blu-ray discs
- Native AVC-Intra playback for both AVC-Intra 100 and AVC-Intra 50 at 1080p
24/25/30, 1080i 50/60, 720p 24/25/30/50/6Native AVC-Intra playback for both
AVC-Intra 100 and AVC-Intra 50 at 1080p 24/25/30, 1080i 50/60, 720p
- Panasonic P2 playback support at 1080p 24/25/30, 1080i 50/60, and 720p 24/24N/
25/25N/30/50/60/VFR from P2 cards
- Automatic Transfer ingests file-based media with custom clip naming
- Improved automatic naming makes it easier to identify clips that span multiple cards
- Sort clips to show only the ones that require re-ingest
- Closed captioning preserved for capture and output to tape
- XML Version 5 also supports AUX timecode, which is used for sound sync and audio
Media Management
- Reveal Clip or Project in Finder
- Background rendering, compressing, and transcoding to multiple formats with Easy Export
- Send to Compressor integration
- Choose to matchframe to the subclip or to the original clip.
- Matchframing now works with freeze frames as well as nested sequences, which are
treated like a true master clip
- Final Cut Pro now uses the Spotlight engine to speed up media searches
- Media Manager optimized to improve media trimming, especially for clips with speed
changes, multicam clips, and anamorphic media.
"Never underestimate a kick to the nuts"
Bas Rutten
[- The Close Gap command now operates on the gap at the cursor location ]
When did it not?
[- Copy and paste motion and effect attributes to multiple clips]
Also not new!
[- Global Transitions adds effects between In and Out points ]
NEW! Along with Marker enhancements, this is huge. Finally, a way to apply multiple dissolves to a range, rather than that weird Drag-Clips-Overwrite-with-Transition technique.
[- Large Timecode Viewer with additional display for metadata ]
Literally huge. I wonder if this includes larger larger Frame views for storyboard editing oon thse 23" and 30" monitors?
- Loren
Today's FCP keytip:
Nudge a Canvas layer by subpixel with Command-Option-Arrows !
Final Cut Studio 2 KeyGuide? Power Pack.
Now available at KeyGuide Central.
The FCP7 documentation system isn't great, but there is a way of reducing many of your clicks. When you first go to a section with disclosure arrows, they default to being closed:
This means you have to click each blue arrow, or the words next to each arrow, to see what is hidden:
To have a version of your documentation that defaults to all the information being visible, you need to change the source HTML of the files.
The short version of the instructions is to rename all instances of "TaskContentBox" to "TaskContentBox-open" in all the .html files in the help system.
Here's how to do it using Bare Bones Software's free TextWrangler utility.
1. Create a copy of the documentation built into FCP7: Control-click the Final Cut Pro application, choose ?Show Package Contents? from the shortcut menu
2. In the new window that shows the content of FCP, navigate to ?Contents:Resources:English.lproj?
3. Create a copy of the ?finalcutpro_help? folder by dragging it elsewhere on your Mac, outside the Final Cut Pro window
4. Download and install ?Textwrangler? from the Bear Bones website.
5. Start ?TextWrangler? and choose ?Find?? from the ?Search? menu
6. In the ?Multi-File Search? section, click the ?Other?? button and navigate to where you created the copy of the FCP help system, navigate inside to ?en/finalcutpro? and 'Choose' the ?usermanual? folder
7. Search for ?TaskContentBox? (including the quote marks)
8. Replace With ?TaskContentBox-open? (again including the quote marks)
9. Click ?Replace All?
10. Make sure the confirmation dialogue looks like this:
i.e. Don?t Confirm Saves
11. After a short while 698 of your help files will have been modified.
12. Quit out of TextWrangler
13. Go to the top level of the ?finalcutpro_help? folder and open the ?index.html? folder in Safari. Whichever section you go to in the help system will default to all the information being visible.
Alexandre Gollner,
Editor, Zone 2-North West, London
alex4d on twitter, facebook, .wordpress.com + .com
AUX TCs were supported by any version of XML. The good news is that FCP7 does handle it in a different way. All former version of XML aware FCPs did overwrite TC information given in an XML by the values which it found in the movie. So if there was no or a different Source, AUX 1 or AUX 2 TC any values from the XML were deleted and replaced by the movie values.
This is still the same somehow. BUT if you're sure that there is no Source TC or AUX TC 1 or 2 (which is true for most native captured/transfered media with AUX TC 1 - except RED as they do have two unflagged TCs) FCP will accept the TC information from the XML. With some RED media you may have to use AUX TC 2.
Anyway this is one of the coolest features and it took quite a while to convince Apple to implement*. As multi cam and double sound gets more and more popular this makes sync way easier and allows to automate sync (if you you about XML).
This leads to the next point
Most of the things will work fine, but I haven't tried how TC will behave. So be careful with that.
very cool tip to make life a bit easier!
*) just as an pro for Apple: they do listen.
Undocumented key modifiers for adjusting speed segments on Speed indicator tickbar:
The FCP 7 Manual explains that Shift-dragging a speed keyframe you've set on the SI tickbar drags all trailing speed keyframes in the direction of your adjustment.
Shift-Command-dragging restricts the speed adjustment to the left of the speed keyframe you're adjusting. Clip speed on the speed segment to the right of that keyframe remains unchanged.
Option-drag a speed keyframe you've set on the SI tickbar and you can use the 2-up display as you slip clip frames under this speed keyframe while its Timeline location remains the same.
(Actually, I'll bet Steve Martin covers these in his excellent tutorials...so, OK, I wrote 'em down...8^)
Thanks Lisa. Yes, Steve did cover them.
What he didn't say though is what happens when you do a speed change without rippling the sequence? If you do slomo does the shot get truncated from the end? Which I'm assuming it does?
What happens when you speed up a shot? Will it pull frames from the media file outside of the clip? Outside of a subclip? Will it still go to the full media file and add frames in? What happens if there aren't enough frames in media file?
FCP7?s Timecode Viewer is straightforward when playing the sequence in the Canvas, it displays the timecode and the name of the sequence playing.
There are more options when you are looking at footage in the Viewer if you Control- or Right- click the timecode:
You can choose whether to show timecode with frames (useful when clients insist on changing edits by the frame ? if they can?t see how many frames you?ve moved the edit, they have to review the edit on it?s own merit). You can also show AUX 1 and or AUX 2 timecode.
In this case, AUX 1 is running at 50 fps, and AUX 2 represents the audio sync timecode.
You can also show selected fields from the browser by Control- or Right- clicking the clip name:
To change the size of the text, drag the divider between the timecode and the text.
...from the 'be thankful for small mercies' department:
The largest size of icon is too small, but at least they now have the correct aspect ratio. Clips and stills now display correctly.
TIP: If your browser is in a separate monitor, set it to a lower resolution to make the icons larger
I checked that.
As supposed TCs or Reels created by an XML for version 7 will work fine as long as they 'fill a gap' - but it's only internal FCP metadata, which is cool enough.
Exporting those projects/bins/sequences/? to a XML version lower than 5 will still keep this TC info (as said, it had always been there).
But importing the XML into any other version of FCP will kill this info as it's always 'file above XML'.
I do have 2 custom app's which apply an aux TC to any QT movie even using a FCP XML. Maybe I make them public, but probably not for free.
Some workflow tools for FCP [www.spherico.com]
TitleExchange -- juggle titles within FCS, FCPX and many other apps.
Following on from my post on how to make all the content visible within the help system, I've found a way of combining the 3,500+ html and image files into a single manual:
First you need to follow my earlier instructions of how to make all the hidden text visible (see a few posts back), then use Apple's Pages application (from iWork) to combine all the html files together.
Instructions are on my blog. If you haven't paid for iWork and your free 30-trial is up, there is an extended method that uses TextEdit as well.
Alexandre Gollner,
Editor, Zone 2-North West, London
alex4d on twitter, facebook, .wordpress.com + .com
If you find Apple's Help Viewer too slow, using your favourite browser will be quicker - although I haven't worked out how to make search work (yet).
If you have installed Final Cut Studio, paste the following addresses into your browser for quick access, bookmark them if you like:
Final Cut Pro
Cinema Tools
Soundtrack Pro
Soundtrack Pro Effects Reference
DVD Studio Pro
thanks for your share
logiciel emailing
The contrast between tabs has been increased: selected ones are brighter, unselected ones are darker.
There is less stylisation to the tabs in 7 - hopefully preparing for the day when we have a scalable UI. The tab shape might have been implemented using bitmaps up to v6. Possibily v7's UI is drawn using resolution-independent lines and curves...
Browser tabs:
Viewer tabs:
Alexandre Gollner,
Editor, Zone 2-North West, London
alex4d on twitter, facebook, .wordpress.com & .com
After upgrading to FCP 7.0.1 via the latest ProApps update, some people have reported clunky playback in Digital Cinema Desktop Preview.
Mattew Brodet posted a fix: at Creative Cow
In "Library" folder on the Macintosh HD drive go into the "Quicktime" folder.
Delete the "DesktopVideoout.component" file.
Replace that file with the same file from Final Cut Pro 7.0.
Be sure to be logged in as a administrator.
Here's how to get that file from your Final Cut Studio install disk:
Load up your Final Cut Studio Install disk,
or if you've made a disk image (good idea) access that.
Inside that, notice that the "Instal Final Cut Studio" package is actually an Alias,
so right-click on that and "Show Original"
You'll be taken to a folder called "Installer" inside of which is another folder called "Packages"
Inside the Packages folder locate the VideoOutSupport.pkg,
right-click on it, and "Show Package Contents"
Inside the Contents folder, locate the Archive.paz.gz file.
Drag it to the desktop, and double click on it to un-zip it.
This will create a folder called "Library"
Open it, go to the QuickTime folder inside it,
and there you will find the file "DesktopVideoout.component"
Put this file in Macintosh HD > Library >QuickTime,
replacing the similarly named file there.
Digital Cinema Desktop Preview should now work.
Sorry, only registered users may post in this forum.


text:
The World This Week - 15 July (part 2)
Date created : Latest update :
Why are ideological battle lines over debt drawn so deep when politicians can see that markets are predicting doom ? François Picard's panel ponders that and another story that's gone global, the possible demise of the Murdoch media empire.
- Mildrade CHERFILS. Paris Correspondent, GlobalPost.
- Judah GRUNSTEIN. Editor-in-Chief, World Politics Review.
- Régis LE SOMMIER. Managing Editor, Paris Match.
- Annette YOUNG. France 24 journalist.


text:
Latest media releases
UBS's position in own shares above reporting limit of 5%
UBS's position in its own shares has moved above the SWX Swiss Exchange's statutory limit of 5%. On 13 June 2001, UBS held 5.1% (64.8 million) of its registered shares, and a potential 1.3% in the form of derivatives.
The Group's position in its own shares now includes 28.9 million shares (2.3% of all registered shares) purchased under the 2002 share buyback program as well as 28.8 million shares that were bought in the buyback program a year earlier. The shares purchased under the 2001 program will be cancelled on 5 July 2002 following the fulfillment of legal requirements.
The remaining UBS shares held include those purchased by UBS Group Treasury for employee share ownership and option programs, and a limited position held by UBS Warburg for trading purposes.
After cancellation of the shares on 5 July 2002, UBS's position in its own shares is expected to fall below the 5% limit.
Zurich / Basel, 17 June 2002


text:
TGI Fry-Day: Aguacate Tacos at Masa Azul
Reviews of fried food in Chicago.
Eat as much avocado as I do and eventually you'll be struck by the urge to cook it. Sure, the pebbly-skinned fruit is incredible raw, but you begin to wonder whether there is some kind of equally amazing world of cooked avocado. What no one tells you is that if you cook avocado too long it'll start smelling like rotten eggs, and I don't know about you personally, but that exercise scarred me for life. This explains why I was initially extremely skeptical of Masa Azul's latest creation, agaucate tacos ($9 for there), which feature hunks of tempura fried avocado.
But what I didn't realize is that if you cook it quickly and delicately, the batter will crisp up, while still leaving the avocado its usual creamy and cool self. Basically, it's like getting your chips and guacamole all in one go: the tempura shatters on contact, while the avocado mixes with the pickled watermelon radish and serrano to make a guac I wouldn't hesitate to serve at a party. Of course, it only helps that the housemade corn tortillas are light and fragrant.
Masa Azul
2901 West Diversey Avenue, Chicago, IL 60647 (map)
This post may contain links to Amazon or other partners; your purchases via these links can benefit Serious Eats. Read more about our affiliate linking policy.


text: Look at him, he's really going for it! Not sure if he needs a cream for that, or fork, or something. Or maybe that's what's called dancing now and Michael Jackson is rolling over in his grave — and it's not because he's busting a move, it's because he's disgusted.


text:
Posted by Chalyce Woods on Aug 5, 2014 in | Comments Off on Menz Den
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