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Rays re-Joyce after walk-off homer vs. O's
ST. PETERSBURG -- A couple of long balls, a short one and a little cloak and dagger made for a memorable 8-7 Rays win over the Orioles on Wednesday night at Tropicana Field.
After falling behind 4-0, the Rays stormed back to take a 7-5 lead, saw Fernando Rodney blow his first save after going 48-for-50 in save opportunities last year, then hoped for something good to happen when Matt Joyce stepped to the plate to lead off the bottom of the ninth with the scored tied at 7.
It did.
Facing a 3-1 count, Joyce hammered Tommy Hunter's fifth pitch into the right-field stands to end the topsy-turvy affair with a walk-off homer.
"Man, that's a great way to jump start the season," Joyce said. "No better way to have your first win with a walk-off and just get things rolling that way. I mean, that's a great feeling."
Joyce arrived home to a mob scene that moved to the clubhouse, where the Rays celebrated in the unique style they do after every win. The American League East rivals will square off in a 3:10 ET Thursday afternoon contest to determine the series.
The Orioles appeared to be in good shape in the early going. Chris Davis hammered a three-run homer off Jeremy Hellickson in the first inning and added a two-out RBI single in the sixth to put the Orioles on top 4-0.
Meanwhile, Orioles starter Wei-Yin Chen dodged early damage thanks to his infielders. Rays leadoff hitters singled to start the first three innings before getting erased via three double plays. Chen hung five zeros on the scoreboard before Ben Zobrist singled home Desmond Jennings with two outs in the sixth to cut the lead to 4-1.
That's when the chess match between the two managers began to play out. Orioles manager Buck Showalter and Rays manager Joe Maddon are both regarded as out-of-the-box thinkers and ultimate strategists who like to play their cards close to the vest. So when Showalter brought in right-hander Luis Ayala to face the right-handed-hitting Evan Longoria, both manager's minds -- fueled by copious amounts of data -- began their high-speed game of chicken.
Designated hitter Shelley Duncan stood on deck while left-hander Brian Matusz warmed in the bullpen with Longoria at the plate. After Longoria stroked a single to left, the next play fell to Maddon: Let the right-handed-hitting Duncan bat against Ayala, or bring in the left-handed-hitting Joyce as a pinch-hitter, which would have prompted Showalter to bring in Matusz?
Maddon went with Duncan -- who was making his first start for the Rays -- and he responded to his manager's confidence by depositing a 1-0 offering into the left-field stands to tie the score at 4.
"It's your choice right there, which one do you prefer?" Maddon said. "I liked Duncan better against Ayala than Matusz versus Joyce."
Ultimately, Maddon's choice would pay a rich dividend for the Rays in the seventh after the Orioles took a 5-4 lead in the top half of the inning.
Right-hander Pedro Strop took over for the Orioles, at which point Maddon began to roll out all of his available left-handers, beginning with pinch-hitter Sam Fuld, who lined out to start the inning. Joyce then pinch-hit, and the Orioles' defense shifted. Rather than hit into the clutter on the right side of the diamond, Joyce bunted to the left side and beat out a single.
"I wasn't expecting that bunt because he's kind of a power hitter," Strop said. "We were up by one run and a power hitter like that can just come in and tie the game. I was just focusing on putting the ball wherever I wanted. … It was a good bunt, too. I don't know him as a good bunter. It surprised me."
Kelly Johnson followed with a single to center that moved Joyce to third. Strop then uncorked a wild pitch that allowed Joyce to cross the plate and tie the score at 5. One out later, left-handed pinch-hitter James Loney doubled home Johnson. Zobrist then singled home Loney to put the Rays up 7-5.
Matt Wieters hit an RBI single in the eighth to move the Orioles to within one run of the lead. Rodney walked Nolan Reimold to start the ninth before Brian Roberts doubled to left to drive him home and tie the score at 7.
"We just play these kinds of games with them," Maddon said. "They have really ascended within our division and in baseball in general. They're very difficult to beat. You have to do everything right. … So when we play the Orioles, whether it's here or up there, it's this kind of game."


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The trite, overworked cliché, "It's a miracle!" has been replaced with the far more arrogant "I'm so blessed." "Praise the Lord" has always been around but it too is gaining in popularity. We hear it all the time. "We're so blessed." People will say this when a tornado misses their house even though it wiped out the rest of their neighborhood. Blessed? A woman who recently told me her car loan had been approved was understandably happy, but she ruined the news for me by adding, "I'm so blessed." I was tempted to say, "Did you know that over 6 million children younger than 5 die every year? Why aren't they blessed?" But I bit my tongue.
As recently as 2010 there was an article in the Los Angeles Times that read, "Underscoring historic recent gains in global health, the number of children younger than 5 who die this year will fall to 7.7 million, down from 11.9 million two decades ago, according to new estimates by population health experts." Fall?! Is 7.7 million anything to be happy about? If we can say yes, then shame on us.
This same article (May 2010) points out that the USA ranks 42nd globally in child mortality rates. That is inexcusable. If you want some eye-opening albeit depressing statistics, Google the World Health Organization and see how we are not taking care of each other. It's very sad. I also think the constant praising of the Lord who helps us find a parking space or whatever, is distasteful and outrageously selfish. But hey! At least we're approving some car loans. Thank God!
On a recent "Judge Show" (Alex, Mathis, whatever) the litigants were fighting over a cell phone bill. After the ruling the winner said, "Praise Jesus. I knew Jesus was on my side." Yes, thank you, Jesus! This time I didn't bite my tongue. I yelled at the TV. Well, at least it was cathartic.
Likewise, on The People's Court a woman said on microphone, "God is good because I got my money!" Those were her exact, excited words. Good grief! My TV must have blushed at the outraged invectives I hurled at it this time. How can anyone be that selfish, especially in an economy that is circling the drain as millions are unemployed and in desperate straits? God is good? Well, he has a hell of a way of showing it.
Blessed by Whom?
The eternally vexing problem of who is doing the blessing is naturally avoided, evaded, side-stepped and just generally ignored by all the recipients of all those blessings. And while I realize how often I pose this question, it is the Achilles' heel of all religions so it must be asked: Which deity is blessing all those lucky enough to be blessed? The logically extended sentence about being blessed would be, "I'm so blessed by my God because my God is the only true God, which means that three-quarters of the world's population are worshipping false gods, poor souls." I ask you, blessed people, isn't this what you're actually saying?
Here in the USA the Judeo-Christian tradition still reigns supreme. Jews and Christians alike often refer to "blessings" even though the two groups obviously disagree completely on the enormously important question of Jesus. Nevertheless, for any of you who believe in blessings, I ask again, loudly and clearly, WHO is blessing you? (Spoiler alert: I know the contradictory answer[s] to that question.)
I live in a lovely part of California's Central Valley, but here in "God's Country" I am so frequently bombarded with those phrases "I'm so blessed" and "Praise the Lord" that I often want to smack someone. There's nothing wrong with being happy. I would express joy or relief that a car loan had been approved for me, but I would not believe, at the same time, that there was an all-powerful God responsible for it. It would be my own good credit rating, or dumb luck, or both, but not a supernatural event. Why can't True Believers see the problem with their God-helped petty accomplishments in a world filled with misery? What is wrong with these people?
Like many atheists I bite my tongue too often. I'm afraid of offending someone as they drone on about their trivial triumphs and their talk of being so blessed. But these people are actually gloating, aren't they? They are flat-out saying that they deserve to be blessed because they are so deserving. It really boils down to gloating, doesn't it? I find it ugly.
The occasional bake sales and soup kitchens are nothing more than a way of easing some guilty consciences. And guilty they should be! The term "homeless Vet" should be an oxymoron. It should not exist. What's more, we (meaning the whole world) have the means of ending almost all of the poverty that exists. We just don't care enough. Well, about others. We certainly care a great deal about ourselves though, and we praise God for bringing about a win for our favorite football team in the Super Bowl! Yes, indeed. Praise the Lord! We can be truly blessed on Super Bowl Sunday!
Fighting Back
Since we are surrounded by all these self-congratulatory, "blessed" people, who are taking bows for their God's blessings, why not point out what is obviously wrong with this picture? And that would be, How can an all-merciful God, one Sunday afternoon, offer supernatural help to a 6-million-dollar-per-year football player while allowing thousands of little children to die on that same day? Hmmm? There is something drastically wrong with this arrogant arrangement, so why should we atheists be afraid of saying so? If we are afraid of offending the people doing the gushing about their many blessings, maybe we need different friends. I think it's time to put an end to all tongue-biting. Enough is enough.
I have been asked many times how to avoid this ticklish social dilemma, since I have done my fair share of the Talk-Back thing (surprise! surprise!) and the results were sometimes disdainful disapproval; but more often than not the results were startled embarrassment—on the part of the "blessed." Let's see: million-dollar football players, starving children. Who should God be blessing? I honestly believe that many otherwise kind people have simply never looked at things in such a stark but honest way. We can always, calmly and gently, point a harsh spotlight on such subjects, can we not? We would only discuss such things after someone had thanked God out loud for a touchdown or whatever. And I think we should do so. Fair is fair.
You're so blessed? Well, goody for you. Now take some of those blessings and donate them to UNICEF. Or someone truly in need. But please stop preening about your God-given blessings, will you? It is disturbing, offensive and puke-inducing. Its disappearance would be greatly appreciated.
I am personally going to try to renew my efforts in this area and do a better job of practicing what I preach. I think . . . oh, damn! My printer is flashing a LOW INK message on my screen. And I don't have a backup cartridge. Double-damn! Hey, just a minute here . . . Wait. Yes! I do have a backup cartridge after all. Thank God!
# # # #
Is she a hoot, or what?
She's had two books published. The first one, In God We Trust...But WHICH One? is out of print, but you may be able to find it on Half.com. (I have two copies, but I'm not letting either one out of my hands because they're both signed!) The second book, simply titled The Happy Heretic, is still available from Prometheus books. I think.
Anyway....ENJOY! Visit her web site and get acquainted.

subset: commoncrawl


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Leapin' Lizards! The popular comic strip heroine takes center stage in one of the world's best-loved musicals, designed expressly for elementary and middle school students. With equal measures of pluck and positivity, Little Orphan Annie charms everyone's hearts, despite a next-to-nothing start in 1930s New York City. She is determined to find her parents, who abandoned her years ago on the doorstep of an orphanage run by the cruel, embittered Miss Hannigan. With the help of the other girls in the orphanage, Annie escapes to the wondrous and magical world of New York City. In adventure after fun-filled adventure, Annie foils Miss Hannigan's evil machinations and befriends President Franklin Delano Roosevelt. She finds a new home and family with billionaire Oliver Warbucks, his personal secretary Grace Farrell, and a lovable mutt named Sandy. The showkit contains a director's guide, 30 actor's scripts, a piano/vocal score, a choreography DVD, 2 Performance/Accompaniment CDs, and 30 Family Matters booklets. Order the audio sampler first, for an overview of the show, licensing information, and full recordings of the songs. 30 minutes.
Important information - Please read
Please see additional important information regarding the kit contents and licensing requirements.Click here for more information.


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Pictured: Marcus Way hit a homer in the second game on Saturday.
PHILADELPHIA, Pa. – Spencer Branigan's 12th inning sacrifice fly in the second game gave the Penn Quakers a doubleheader sweep of visiting Harvard on Saturday in the Ivy League openers for both schools. The sac fly gave the Quakers an 8-7 win after taking the opener, 8-1.
The loss in the nightcap was especially tough for Harvard (3-18, 0-2 Ivy) as three Crimson errors led to all eight unearned Penn runs. The game was sloppy on both sides with the teams combining for nine errors – most of them in the early innings before both sides made series of dramatic plays to extend the game. In the end, Harvard out-hit the home team, 13-11.
After Harvard claimed a 3-0 lead in the top of the first inning on the strength of a two-run single by Sean O'Hara, a fielding error by the normally sure-handed shortstop in the bottom of the first paved the way for six unearned runs for Penn (11-9, 2-0 Ivy) against ace starter Max Perlman.
The Crimson battled back as Jake McGuiggan doubled home a run in the third, Dillon O'Neill stole home in the fourth and Marcus Way homered in the fifth to regain the lead, 7-6. A throwing error by Perlman in the sixth allowed Penn to tie the game as Derek Vigoa followed with an RBI double as part of a 3-for-4 day.
In relief of Perlman (7 inn, 4 KO), Will Keuper worked out of a bases loaded jam in the eighth and finished with two hits against in four scoreless innings. Ben Sestanovich took the loss in the 12th as his throwing error helped the Quakers load the bases prior to Branigan's fly ball. The play came after a leadoff single when Jeremy Maas tried a sacrifice bunt with Sestanovich's throw to first hitting him in the back.
In the top of the 12th, Harvard put runners on first and second with one out but Cody Thompson worked out of trouble with a strikeout and a groundout.
O'Hara had three this to pace the Crimson while O'Neill, McGuiggan and Albright all had two hits. O'Neill and Sam Franklin each had two stolen bases.
In the opener, Harvard grabbed a 1-0 lead on an RBI fielder's choice by Franklin by Penn responded with four runs in the third and three in the fifth to take a commanding lead behind Paul Cusick, who struck out 12 batters in a complete game effort.
O'Neill was Harvard's lone hitter with multiple hits in the game.
Harvard is back in action on Sunday with a twinbill at Columbia.


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Search URJ.org and the other Reform websites:
These are search results for "simchat torah"
Learn the blessings for Havdalah, the beautiful ritual that ends Shabbat and separates it from the start of the new week.
In search of a unique Hanukkah gift for the social justice hero in your life? Look no further than this guide for all your gift-giving needs - with an emphasis on tikkun olam, the repair of our broken world.
A guide for talking to your children about religious identity.
An activity guide for 4-7 year-olds and their parents.
Find everything you'll need with this handy checklist.
We assembled a group of Reform Jewish clergy and educators to help.
Jacob now sent messengers ahead of him to his brother Esau in the land of Seir, in the countryside of Edom. - Genesis 32:4
Want to explore Reform Judaism but have no in-person opportunities to study? This class is for you!
It's easy to feel helpless, but as Reform Jews, we know that inaction is not an option.
There's a deep relationship between Judaism and social action.
Reform Zionism is a continuation of the early Zionist dream to foster a living, breathing national culture that represents the highest ideals of Jewish peoplehood.
What does it mean to stand up for your people unequivocally if they physically harm you because they disagree with you so vehemently?
The artwork on this note card was created by 5768 WRJ Art Calendar artist Césan d'Ornellas Levine.
Show your WRJ pride with this zippered canvas bag. Features the phrase "Well-behaved women rarely make history" and the WRJ logo.
$18 $15


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Artist Visa Improvements Advance in Senate
June 25, 2013
Improvements to the U.S. visa process for international guest artists are now included in the comprehensive immigration reform package under consideration in the U.S. Senate! The Arts Require Timely Service (ARTS) provision, which will require U.S. Citizenship and Immigration Services (USCIS) to ensure timely processing for visa petitions filed by, or on behalf of, nonprofit arts-related organizations, was originally introduced by Senators Patrick Leahy (D-VT) and Orrin Hatch (R-UT) just over one week ago. Last night, the provision was wrapped into a broader package of amendments to the comprehensive immigration reform bill under Senate consideration.
American nonprofit arts organizations and artists – in communities large and small across our country – provide an important public service and boost international diplomacy by presenting foreign guest artists in performances and educational events. Only with consistent improvements over time, will confidence in the U.S. visa process continue to be re-built among U.S. organizations and foreign artists alike, greatly enhancing international cultural exchange.
How would it work? The Arts Require Timely Service (ARTS) provision has had strong bipartisan support in Congress and would improve the reliability of the visa process by reducing total maximum processing times for O and P nonprofit arts-related visa petitions to under 30 days. Currently, USCIS provides Premium Processing within 15 calendar days for petitioners able to pay an extra $1,250 fee – which is unaffordable for most arts organizations. Under the ARTS Act, USCIS would be required to treat as a Premium Processing case, free of additional charge, any arts-related O and P visa petition that it fails to process within the 14 days required in current law.
Thank you for your ongoing advocacy! Since 2001, orchestras, the League, and our arts colleagues have urged Congress and USCIS to remove barriers to international cultural engagement by improving the historically burdensome and unpredictable O and P artist visa process. We are now working to ensure that the recent incremental improvements to the artist visa process are locked into law so that confidence in the U.S. artist visa process can be restored. Our policy work is carried out in coordination with the Performing Arts Visa Working Group, which includes the American Federation of Musicians, Association of Performing Arts Presenters, Dance/USA, League of American Orchestras, North American Performing Arts Managers and Agents, OPERA America, Performing Arts Alliance, Theatre Communications Group, and our partners at The Recording Academy. As the Senate began debate of comprehensive immigration reform, the League initiated a coordinated effort by a broad array of national arts organizations supporting improvements to the visa process.
Next steps: We are especially grateful to the many orchestra advocates who contacted key Senate offices in the past week to describe how improvements to the artist visa process will support access to international artistry both in the U.S. and abroad. Action on comprehensive immigration reform provides the opportunity to make enduring policy changes to ensure that the U.S. visa process for artists is reliable, efficient, and affordable. The Senate plans to complete action on its immigration bill by the end of this week, while House consideration begins to move forward. We will keep you informed of ongoing advocacy opportunities. In the meantime, visit our advocacy center to learn more.


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In all likelihood, California could be the very first state in the union to legalize the recreational use of marijuana this November.
After legalization activists submitted nearly 700,000 signatures for a proposition to legalize marijuana, California's Secretary of State Debra Bowen certified a ballot initiative earlier this week to legalize the cultivation, possession, and sale of marijuana in the state of California for recreational purposes.
The initiative will go on the ballot this November, and it needs only a simple majority to pass and become law (just as if the legislature had passed it and the governor had signed it), which should be a breeze considering that state-wide polling shows that 56% of California's registered voters support legalizing and taxing marijuana.
But what does this all mean, and what deeper controversy will it ignite? Read the rest of the article here to find out.


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Food & Drink
Anatomy of a romantic hotel room
By Katia Hetter, CNN • Updated 13th February 2013
View Gallery
5 Pictures
Skip the room that looks into the office building next door. Nobody wants to be reminded of work entanglements during a getaway a deux.
Infinity pools and swanky lobbies are nice, but the room matters when it's a trip for two. In honor of all the romantic getaways coming up for Valentine's Day weekend, we asked some relationship gurus for their romantic room essentials and added a few or our own.
A tub for two
. The ideal hotel would have a bathtub and a cozy arm chair, each large enough for two, says
Nancy Dreyfus
, a couples therapist and author of "Talk to Me Like I'm Someone You Love: Relationship Repair in a Flash."
"While the centrality of a bed during a romantic weekend is obviously not up for debate, additional opportunities for snuggling on land and on sea only serve to enhance my experience, expand the sensuality of it all, and keep my partner and me from just 'heading for bed' because it happens to be a romantic weekend."
Travel Snapshots: City of Light -- and love
A fireplace and a view.
Your room should go above and beyond the standard-issue kind bed with a puffy duvet and that decorative scarf laid across the foot. In addition to crisp linens, perhaps you'd like a fireplace and a lovely view of the water or the forest or a nearby mountain that also promises privacy?
"Extra credit for a balcony that I can step out onto when wearing a robe or less," says
Ian Kerner
, a sexuality counselor and New York Times best-selling author, who writes about sex and relationships for CNN Health.
Luxury counts.
Feeling pampered is important, says Dreyfus.
"Luxury can definitely make an evening feel particularly special and the participants feel taken care of, and feeling well taken care of can be heart-deepening, making you feel even more giving towards each other," she says. "Being in luxurious surroundings with designer soap, linens, lighting and chocolate always makes me feel thankful to the universe -- but it's my partner who'll be the recipient of my gratitude."
World's most romantic islands
Thick walls.
"You want to be uninhibited, and you don't want to hear anyone else's efforts," says sociologist
Pepper Schwartz,
co-author of "Getaway Guide to the Great Sex Weekend" with Janet Lever.
Enough said.
Romantic dining.
If you want to leave your room to drink or dine, there's nothing worse than the glare and noise of a hotel restaurant that's not sensitive to your love. Yes, you can always make reservations at that lovely four-star restaurant down the block or check into a hotel where gourmet dining has replaced the lonely-business-traveler bar and grill.
But if you don't want to leave your room, prompt, delicious room service is key. When you need that well-iced champagne, a 45-minute wait is unacceptable. You might fall asleep! And it would be a shame to mar an otherwise lovely occasion with a soggy club sandwich.
Bon appetit! Amazing hotel room service
A massage for two.
There's nothing more relaxing than a tension-reducing massage, and many higher-end hotels and resorts offer it for two if booked in advance. Some properties will bring this service to you in your room.
Suzanne Braun Levine
took it a step further on a trip to a spa in Karala, India, booking an ayurvedic hot oil massage for two.
"You lie in a sort of canoe and gallons of warm oil are poured over you as two masseuses work simultaneously, one on each side," says Levine, author of "How We Love Now: Women Talk About Intimacy After 50." "I had this with my husband in the next canoe. Bliss."
The lost art of offline dating
What about the kids?
Before you scoff, many parents travel with their children most of the time (and actually enjoy it). Should you give up on intimacy because you're traveling with them?
No, says CNN.com columnist Kerner. He often travels with his wife and kids, and he seems unwilling to give up the romance because he has children.
A second room, preferably with a door, is key, he says. Also, a good kids program in the hotel can help get the kids out of the room for a time. Who says romance only happens at night?
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text: Share: Comments Print November 29, 2011 at 11:30 AM Where they're biting, where they're not Posted by Mark Yuasa This is an interactive map that shows the best and worst places to cast a line in Western Washington. It's usually updated on Mondays. [ do action="custom_iframe" width="630″ height="400″ frameborder="0″ scrolling="no" marginheight="0″ marginwidth="0″ url="http://maps.google.com/maps/ms?ie=UTF8&hl=en&om=1&msa=0&msid=102401819280027006994.00044f7f5f740cc9e0eab&source=embed&ll=48.034019,-122.585449&spn=5.877755,13.842773&z=6&output=embed"][/do]View Larger Map Comments


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Empowering The Need it Now Generation
Designed with simplicity in mind, SkyDesk enhances Windows® Remote Desktop Services (RDS) providing an on-demand application delivery platform effectively bridging the gap between native RDS and Citrix. SkyDesk adds indispensable management capabilities and scales to accommodate growing numbers of users, applications and servers, securely, reliably, and cost-effectively.
OneGate seamlessly integrates with SkyDesk allowing secure remote access to SkyDesk applications through the gateway. OneGate can be used as a replacement for the Single Port Relay service that is built into SkyDesk allowing greater scalability, availability, security and stability. Our SkyView bundle features our HTML5 integration into OneGate, allowing for client-less access from any browser to your applications.
Secure, scalable and robust, client side software for every device. Thinspace focuses a great deal of effort on assuring that the client side experience is equally as rich as our application management solution. If users can't maximize their experience whats the point.
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The first clue that Stephen Fung's "Tai Chi Zero" is not your usual kung-fu kickfest is when our hero -- Yang Lu Chan (Yuan Xiaochao) -- is introduced on a 19th century Chinese battlefield to the strains of heavy metal. And then, for several minutes that follow, it becomes a silent film complete with title cards.
This is just a taste of the cross-cultural steampunk/martial arts/comic-book Sino-Anglo mash-up that makes "Tai Chi Zero" so visually entertaining. But, unless you're a die-hard fan of Chinese action films, its considerable charms -- "Tai Chi Zero" is littered with in-jokes and references to other movies -- may prove exhausting before its relatively brief 95-minute running time is over.
Lu Chan was born with an uncanny sense of kung fu but he wants to learn the legendary style taught in the remote village of Chen. One problem: the residents don't teach their ways to outsiders. As luck would have it though, the British East India Company and their Chinese allies want to bring a rail line and Western technology to the town, whether its citizens want it or not. If Lu Chan can help Chen maintain its pure way of life, maybe they'll let him in on their secrets.
Fung has assembled a star-studded cast and crew for followers of Chinese pop culture -- Xiaochao is a real-life wushu (martial-arts) champ, the action choreography is from frequent Jackie Chan collaborator Sammo Hung, while co-stars Tony Leung Ka Fai ("Detective Dee and the Mystery of the Phantom Flame") and Qi Shu ("The Transporter") even have a bit of a profile in the West. There are brief cameos from other notables in the world of martial arts and Chinese films. No doubt, this has helped "Tai Chi Zero" become a box-office sensation in China and Taiwan.
It may not be enough for others who may be put off by the stiff acting (especially when the actors speak in stilted English) or Fung's frenetic pace. But no one can say that "Tai Chi Zero" is boring; many of the fight scenes are wildly entertaining. It will be intriguing to see what Fung does in the future in which his colorful visual sensibility can be married to something less lightweight.
If you do make it to the end, be sure to stay through the credits. Not only is there a coda but also clips from the already completed sequel.
'Tai Chi Zero' -- 3 stars
No MPAA rating (mild language, martial-arts violence)
Running time: 1:35; in Mandarin with English subtitles.
Opens: Friday


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The tablet as we now know it now has only been around since the launch of the iPad in 2010 and already the gadget are taking over. 2012 was the year which really made the tablet, with devices in all shapes and sizes for all budgets leading to a boom in demand.
IDC raised its worldwide tablet forecast a number of times during 2012 due to strong demand and high expectations. The firm's December figures predicted tablet shipments for the entire year to reach 122.3 million. See also: What tablet should I buy? iPad, Kindle Fire HD, Nexus 7...
"Tablets continue to captivate consumers, and as the market shifts toward smaller, more mobile screen sizes and lower prices points, we expect demand to accelerate in the fourth quarter and beyond," said Tom Mainelli, research director of tablets at IDC.
Google was a key player in the growth of tablets during 2012 with the introduction of the Nexus 7, a high-end tablet with a game changing price tag of just £159. The tablet has sold out on a number of occasions on the Google Play Store.
See also: Group test: what's the best tablet PC?
Although Google hasn't released sales figures for the Nexus 7, it has been reported that the Android tablet is being bought up at a rate of one million per month. Sales were aided by the decision to double storage capacities and introduce a 3G model.
As well as setting a new standard for budget tablets, Google took on the iPad with its Nexus 10 – a Samsung made tablet with a Retina beating resolution of 2560 x 1600. There hasn't been any word on sales figures but at the time of writing both models are sold out. See also: Group test: what's the best Android tablet?
Amazon announced that Black Friday was the biggest sales days is had ever had for the Kindle family. The online retailer said that sales of Kindle devices, including tablets and eBook readers, were higher than any other day in its entire history.
The bestselling product on Black Friday for Amazon was the original Kindle Fire. This was mainly down to the fact that Amazon dropped the price down to £99 for a period of a few days – a discount of £30.
Meanwhile, as we go to press, the Kindle Fire HD, priced the same as the Nexus 7, is predicted to be the must-have tablet for Christmas.
Nexus 7 vs Kindle Fire HD vs Nook HD tablet comparison review
Jorrit Van der Meulen, vice president of Kindle, said: "the reaction has been incredible. Customers purchased more than three times as many Kindle devices on Black Friday than on any other day in its history on Amazon.co.uk, and our previous record was impressive,"
Last month we reported that Apple had lost 15.1 percent share to Android in the tablet market. However, this was during a period leading up to the launch of two new iPad models.
The fourth generation iPad, known as the iPad with Retina display and iPad mini sold incredibly well over their first weekend on sale at the beginning of November. According to Apple, it sold three million iPads in the space of three days setting a new launch weekend record.
The figure, which included all models of the iPad 4 and iPad Mini was double that of the third generation iPad. Reports suggested that it was the smaller iPad which sold more units, at 2.3 million.
Apple also joined in the Black Friday celebrations offering discounts on various products. The gadget maker offered up to £51 off the price of an iPad 4 and £21 less than the regular asking price for an iPad 2.
A big and important addition to the tablet party in 2012 was Microsoft with its Surface RT – Windows 8 tablet aiming to be ideal for both work a play. The firm hasn't released any sales figures but various reports suggest lower demand than expecting forcing Microsoft to lower its order from four million units down to two because of the poor performance.
Follow Chris Martin and @PCAdvisor on Twitter.


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Parra has four hits as D-backs bully Cards
PHOENIX -- For one day, at least, it all went according to plan for the new-look Arizona Diamondbacks.
Put together tough at-bats, check. Play good defense, check. Get a good performance from the starting pitcher, check.
Led by Gerardo Parra's 4-for-5, three-double performance, the D-backs racked up 15 hits and followed their new formula to a 6-2 win over the Cardinals in front of a sellout crowd at Chase Field on Monday night -- the club's seventh straight Opening Day victory.
"It was a good game, well played," D-backs manager Kirk Gibson said. "A lot of things we worked on showed up."
The D-backs underwent a transformation during the offseason, as the club traded home runs for hitters more prone to putting the ball in play, hoping to string together long innings to put pressure on the opponent. That philosophy took shape against Cardinals ace Adam Wainwright in the fourth inning.
Trailing, 1-0, the D-backs applied the pressure.
First, there was a seven-pitch at-bat by Miguel Montero that resulted in a two-strike single. Paul Goldschmidt then worked a five-pitch at-bat and hit a two-strike curve to left for another hit.
Jason Kubel also had a five-pitch at-bat and hit a 1-2 pitch for an RBI double. Then A.J. Pollock, a rookie making his first Opening Day appearance, hit a 1-1 pitch for a double to center that scored two more runs and put the D-backs up, 3-1.
"Guys are always making adjustments and watching the opposing pitcher," Goldschmidt said. "Everyone had seen him once, so guys had kind of seen his pitches and we were able to put something together and have good ABs."
Exactly what the D-backs were hoping to get from the reconstructed lineup.
"They put together good at-bats against him," Cardinals manager Mike Matheny said. "Real good pitches he made once he did get his curveball going, they were just fouling them off and forcing them onto the bigger part of the plate. Those are the kinds of at-bats that run a pitch count up and gave him a tough time."
The D-backs did not stop there, though, they continued to battle Wainwright, getting an insurance run in the fifth before finally getting to the St. Louis bullpen for couple of tack-on runs in the seventh.
That was more than enough support for D-backs right-hander Ian Kennedy.
Kennedy was touched for a run in the first when Matt Carpenter and Matt Holliday had back-to-back doubles, but after that, he seemed to find his groove.
"The pitching performance by Ian was awesome," Gibson said. "I don't how else to explain it. He had everything working. Fastball spotted well, it was pumped up to 94. It was kind of the old Ian we saw a couple years ago."
After the two doubles, Kennedy allowed just one hit over the next five innings. His control was impeccable with 67 of his 94 pitches going for strikes. Kennedy also had his curveball working, something he focused on making sure was ready during Spring Training after not feeling it was effective in his first few starts of 2012.
"I felt like I was commanding my pitches, every single pitch," he said. "Except for the last two curveballs I threw, I was pretty happy with it. That makes a difference when you're throwing all three pitches for strikes."
Kennedy allowed five hits and a walk while striking out eight.
"There's no doubt he pitched well," Cardinals outfielder Carlos Beltran said. "He didn't throw too many fastballs right down the middle of the plate. He was hitting corners, and the changeup was working good for him and the curveball, too. When he needed to throw it hard, he did that also. He pitched a good game."
Kennedy gave an assist to the crowd of 48,033, which had plenty to cheer about.
"It makes it a little easier to warm up when you have this many people out," Kennedy said. "I wish it were like this every game it would make it a little easier in August when your arm and body don't feel very good. It's a lot of fun when we have a crowd like this."
Of course, it was just one game. There will be 161 more over the next six months.
"If we're going to get 15 hits we're going to be pretty successful," Goldschmidt said. "But it's a long season and so obviously we had some success, but who knows tomorrow what's going to happen? We'll hopefully go out there and play our best and see what happens."


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Truth Be Told
Daniel Ellsberg talks about the Pentagon Papers.
By Kerry Barger '11
The year 2010 brought the release of thousands of secret governmental cables — from nuclear arms information to personal attacks on some of the world's most prominent leaders — leaked by Internet activist Julian Assange. Assange, editor in chief of the whistleblower website Wiki-Leaks, has been both hailed as one of the most important social and media activists of his time and publicly condemned for his actions.
But before Assange rocked the contemporary political landscape, another media maverick shook the foundation of five presidential administrations and the Vietnam War. In 1971, Daniel Ellsberg released top-secret, classified documents pertaining to the Vietnam War, which later became collectively known as the Pentagon Papers.
"It was a huge blow to the United States' presence in Vietnam at the time," says Jeff Cohen, associate professor and director of the Park Center for Independent Media, of the disclosure. "People were being lied to, and Ellsberg let everybody know about it."
Since then, Ellsberg has continued his support of civic activism and independent media. He spoke to IC students, faculty, and staff last October, following the screening of The Most Dangerous Man in America: Daniel Ellsberg and the Pentagon Papers. The Oscar-nominated documentary highlights the events leading up to the release of the secret documents. The film's title was taken from a comment Henry Kissinger made about Ellsberg.
Before being published as the Pentagon Papers, the report was first officially titled "United States–Vietnam Relations, 1945–1967: A Study Prepared by the Department of Defense" and was commissioned by then secretary of defense Robert McNamara. Ellsberg, who had briefly served in the Pentagon under McNamara in 1964 and as a consultant with Rand Corporation from 1967 to 1971, was on the task force McNamara assembled to write this chronicle of the decision-making on Vietnam. The document revealed that the Truman, Eisenhower, Nixon, Kennedy, and Johnson administrations had lied to the U.S. public about their intentions for entering the conflict between North and South Vietnam. Ellsberg, who had progressively adopted an anti- war stance, was out-raged that the string of administrations had breached their oath to the public as honest governments.
"It was a wrongful war, and the lies lasted for five administrations," said Ellsberg. "The papers were meant to enlighten the public about the ongoing misconceptions about the war."
Ellsberg leaked the documents to the New York Times, which gave them front-page coverage, beginning June 13, 1971, after first overcoming a government restraint on publishing the papers by taking the case to the Supreme Court. To ensure that public debate about the papers would not be squelched, Senator Mike Gravel entered 4,100 pages of the document into the Congressional record on June 29, thus legally protecting public disclosure under the First Amendment's protection of freedom of speech and precluding accusations of treason as a result of the release of the information.
Beacon Press published Pentagon Papers in June 1971, but Ellsberg admitted that many newspapers hesitated because they saw the content as a threat to the safety of troops stationed overseas. Ultimately, the release of the document turned out to be one of the most significant victories in the history of mainstream and independent press.
"I couldn't hide this information from the public anymore," Ellsberg said to the IC audience. "And I was ready for all the costs I was going to pay."
That included coming really close to serving a 115-year prison sentence. Ellsberg was indicted by a grand jury in Los Angeles on charges of espionage, theft, and conspiracy, but the charges were dismissed after a mistrial was declared in May 1973 on the grounds of governmental misconduct against him.


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The question is,
A $45.5~kg$ girl is standing on a $140~kg$ plank. Both originally at rest on a frozen lake that constitutes a friction-less, flat surface. The girl begins to walk along the plank at a constant velocity of $1.47~m/s$ relative to the plank.
(a) What is the velocity of the plank relative to the ice surface?
(b) What is the girl's velocity relative to the ice surface?
In a commentary given on this problem, they are essentially that, when the velocity of the girl relative to the plank is $\vec{v}_{gp}$, and the velocity of the plank relative to the ice is $\vec{v}_{gp}$, the velocity of the girl relative to the ice is simply $\vec{v}_{gi}= \vec{v}_{gp} + \vec{v}_{gp}$.
I just can't conceive why finding the velocity of the girl relative to the earth is a simply sum. Could someone please elucidate this for me?
Also, they treat this situation as if momentum is conserved, that is, $\Delta \vec{P}=0$; but isn't it necessary that friction be present, between the plank and the girl's shoes, for there to be any motion? Wouldn't this force cause a change in momentum?


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America East Quarterfinals, No. 5 UMBC at No. 4 Albany
The fifth-seeded UMBC men's basketball team opens competition in its 11th America East Men's Basketball Championship when the Retrievers face No. 4 seed and host Albany on Saturday, March 8 at UA's SEFCU Arena. The contest is the second quarterfinal game of four on the day, as top-seeded Vermont kicks off the afternoon by taking on No. 8 New Hampshire at noon. The No. 5 seed is UMBC's highest since the 2007-08 team earned the No. 1 seed and went on to take the title. The two squads split a pair of thrilling contests this season, with Albany winning, 73-72, in double overtime at SEFCU on Jan. 8 and the Retrievers getting a last-second tip-in from Quentin Jones and triumphing, 71-69 at the RAC Arena on Feb. 12. Paul Mittermeier and Dan Levin have all the play-by-play action on (Q1370 AM (www.q1370.com, joined in progress after UMBC vs. Johns Hopkins lacrosse) and video streaming is available via ESPN3.
RETRIEVER UPDATE: UMBC achieved its most victories (9) since the 2008-09 season, but its last victory came versus Albany on Feb. 12 and the Retrievers enter the tournament tying a season-high with four consecutive setbacks. Three of those losses occurred on the road, including a 67-56 loss at Hartford on March 2. FR G Rodney Elliott (14.9 ppg), selected as the AE Fans' Choice Player of the Year, scored 21 points versus the Hawks, posting 20 or more for the seventh time in his initial campaign. The Retrievers have enjoyed great tournament success at SEFCU Arena, posting a 3-1 record in the 2009 and 2013 championships.


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Online resources for scientists interested in training in Europe.
American scientists will happily cross the Atlantic Ocean to attend scientific meetings and set up collaborations; however, few seek postdoctoral fellowships or scientific jobs in Europe. In fact, less than 3 percent of U.S.-born science doctoral recipients choose to train or work abroad. In contrast, 55 to 60 percent of postdocs in the U.S. are foreign citizens, according to the National Science Foundation.
Why is this? Logistical hurdles such as obtaining funding and a work permit may seem overwhelming. Many young scientists also fear that a stint at a European lab might make it harder to obtain a tenure-track job when they return to the U.S. These concerns, combined with language and cultural barriers, prevent many scientists from even considering leaving the U.S.
In reality, an experience abroad can expand a scientist's network and expose him or her to different approaches to science. Many former expatriates report that their experience was worth the journey overseas both culturally and scientifically. And there are many support networks to help overcome challenges in finding the ideal European job that can help launch a successful scientific career and provide a rich personal experience.
EURAXESS and EuroScienceJobs are two websites that provide a wealth of information on available jobs in Europe. The EuroScienceJobs site is broken down into four sections: job search, upload CV, career guides and recruiters. The job search section contains hundreds of job postings organized by scientific discipline, job type (academic versus industrial) and country. By registering, site users also can upload their CVs to the site for potential employers and recruiters to look at. The career guide section of the site gives advice on preparing for job interviews and updating a CV and also offers a self-evaluation guide to help job candidates highlight their strengths during interviews. The recruiters section gives an overview of the site's users (55 percent have doctoral degrees and 93 percent are willing to relocate) and shows that some of the site's clients include Johnson and Johnson, the European Molecular Biology Laboratory and CERN.
EURAXESS, a European Union-supported initiative, also lets users post their CVs and hunt for science jobs based on country, organization, research field and career stage. In addition to helping users find jobs, the site offers a broad range of other services to assist scientists in making smooth transitions to their new countries. This includes a support network for European researchers working outside Europe and a section listing more than 300 funding opportunities.
EURAXESS also will provide customized assistance free to any researcher looking to relocate to Europe. The site has 200 centers in 37 countries to assist scientists and their families. Users are walked through the process of obtaining a visa and work permit and supplied with useful information on legal issues, social security, health and taxes, everyday life, and family support. The site even includes information on accommodations.
Language barriers can be an additional burden for researchers doing training abroad. Luckily for Americans, most science is conducted in English. However, people adapt best if they learn enough of the foreign language to follow casual conversation. With that in mind, EURAXESS provides information on language classes in different countries.
Several countries also have websites to facilitate finding and transition into jobs:
• Destination AUSTRALIA
• Destination CHILE
• Destination JAPAN
• Destination SOUTH AFRICA
EURAXESS also has a separate section on the rights of researchers and a code of conduct for the recruitment of researchers. Although abuse of researchers is becoming less common, it is important to understand a scientist's rights to help prevent or lessen conflict.
Remember: Great science has no borders – the perfect job could be waiting for you across the ocean.
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Did you know the National League season just ended like half-an-hour ago? Yes, that was the Rockies and Padres pre-empting Family Guy on TBS. And it was quite a game.
Didn't watch every pitch of it (Stephanie was shocked that I wanted to watch any of it after my nonstop despondency since 4:30 PM Sunday), but found the back-and-forth fascinating. It was 6-6 through 12, when ex-Met Clint Hurdle sent ex-Met Jorge Julio into pitch and make it 8-6. But those indefatigable Rockies, on a leadoff double by ex-Met Kaz Matsui (whom I urged on vociferously, to my genuine surprise), tied that bad boy in no time off the Julioesque Trevor Hoffman (does he ever get a big save?). Troy Tulowitzki doubled home Kaz; then Matt Holliday, a more authentic MVP candidate than anybody in Queens, sadly, tripled home Tulowitzki. Helton was intentionally walked so Trevor could face Jamey Carroll, ex-Expo whom I always dreaded. Carroll was batting behind Helton because Hurdle pinch-ran him for Garrett Atkins; I missed that when it happened, but it didn't seem like a great idea in the 13th. But Carroll lined it to Brian Giles in medium-deep right and Giles, a good arm, fired home.
Michael Barrett, yet another ex-Expo who drove me nuts, blocked the plate beautifully. Holliday tried to slide to the outer edge of the plate but didn't touch it. Yet Barrett didn't handle the ball and Tim McClelland seemed more flummoxed than usual. The ball rolled around behind the plate while Holliday bloodied his face in the dirt. Barrett ran to pick up the ball and tag the dazed Holliday, but McClelland, after about an eternity, called him safe and the Wild Card belonged to Colorado, 9-8.
No argument from the Padres. Too crazy around the plate: Rockies descending on Holliday; trainer tending to his face (at first, Matt didn't get up, but he walked away all right); t-shirts and caps distributed. TBS did a lousy job of covering the moment of truth but offered the angles eventually.
Not sure if it was a great game, but it was a long one. And it felt, I don't know, fun to watch without the weight of worry that had attached itself to everything I had my eye on for the last couple of weeks. I'm sorry the Rockies aren't next flying to New York instead of Philadelphia, but I think I might actually look in on these playoffs sooner than I'd planned. I didn't think I was going to want to watch any of them.
There are teams I like a little in this postseason and some teams of whom I'm not fond. But I don't have a favorite and I'm really not in a mood to root against. Let's Go Baseball, I guess.


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What is going on in these pictures? Is this an unsanitized view of society's margins — the aging, the sick, the poor, the painfully awkward? Or is this a grotesque fantasy of a photographer-exploiter who pokes fun at other people's misery? The photographs are incongruous and illogical; something about them is just not right.
The handful of spreads comes from Donigan Cumming's infamous and rare 1991 photobook, The Stage (Maquam Press). Published in an edition of 600, the work went largely unrecognized until its inclusion years later in Gerry Badger and Martin Parr's The Photobook: A History, Vol. 2 (Phaidon 2006). The Stage featured 250 jarring, full-bleed photographs across 125 pages — uncaptioned, unnumbered and undated. Though the imagery may have quoted the styles of social documentarians like Diane Arbus, Weegee and the lesser-known Chauncey Hare, the book was a first.
"I was stunned and could not recall seeing another like it," says Jeffrey Ladd, a founder of Errata Editions, who are releasing Books on Books #19, a study of Cumming's provocative monograph this spring. "It is a difficult work, often funny, and I found much of it offensive. I think it should be known in wider circles."
Cumming's art is meant to be challenging. "I want to be vexed, pushed, startled by a book," he told TIME. "It shouldn't be set up as too smooth a ride."
Over the years, Cumming (66), who was born in Virginia and moved to Canada in 1970 in resistance to the Vietnam War had developed a rather jaundiced attitude toward photojournalism and other "straight" image-making.
"There's a mythology of concerned photography that revolves around improving things for humans, stopping war and doing all kinds of things that are G-O-O-D," he says, literally spelling out the word. "At the same time, the people that make this are usually driven by another set of motives, and some of them are not very transparent, and pretty self-absorbed."
He decided he would adopt the documentary mode in order to expose its fracture points.
Cumming walked the streets and suburbs of Montreal, approaching people he thought looked interesting. He would offer them a picture of their apartment or their pet, and in exchange ask that they pose for one of his own. Motivated by a mixture of curiosity and desire, many agreed.
In their homes, surrounded by their possessions, Cumming directed his subjects into exaggerated, unreadable gestures while highlighting his own presence and the manipulation inherent to all photography with a heavy-handed head-on flash.
He sequenced the work from a distance of 15 feet — the length at which one might stand to view a large abstract expressionist canvas — arranging the pictures on a grid purely based on tonal quality, further disrupting narrative logic.
Cumming says he sought a truth about people by "confronting them as aggressively as possible and pushing them around, tricking them into revealing the secrets of their culture."
"People act themselves all the time," he says, "but it is not a theater that is false. It is a theater that leads to insight and a provisional truth."
Though some were surprised, nearly none of his subjects objected when he asked for permission to release the work. They were comfortable with their roles, as Cumming was with his.
Indeed, he was fine playing aggressive, mean and cold-hearted -- which is exactly how many view the photographer when they first encounter his work. Our own pained amusement at this compendium of wrinkles, sagging skin, awkward postures, gap-toothed grins and drool might make us feel complicit in the exploit. Instead, most blame the messenger.
Cumming hopes viewers get past that initial response. "If you leave unsettled and afterwards don't look at photographs the same way, the next time perhaps you won't approach them with the same shallowness," he says. "That's what's important."
Donigan Cumming is a Montreal-based visual artist who uses photography, video, painting, drawing, sound and text in experimental documentary films and multi-media installations.
Eugene Reznik is a Brooklyn-based writer, editor and photographer. Follow him on Twitter @ eugene_reznik .


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Exterior Design: ***
Not quite as large as a minivan yet bigger than a station wagon or tall hatchpact, the Rondo appears down the lines as a shrunken space wagon. The only angle we found somewhat odd was a direct side view. Fancy headlamps and wheels add style to economy.
Interior Design: ****
Space surrounds you in Rondo. Pawing around the better than average interior materials revealed more mystery compartments and fuzzy cubby holes than the Winchester Mystery House. Rear seat adjustment tracks and optional third row seating for kidlets makes Rondo a flexible and comfy people mover. Kia new car smell is oddly similar to that experienced sliding on a new KBC motorcycle helmet.
Acceleration: ***
The engine was somewhat slacking in early punch torque expected from a V-6. The power is there, but not so aggressive that the steering wheel puts up a fight. Smooth delivery got things going where they needed to and without drama. Passing gear power came on like a lamb yet went out more lion like.
Braking ***
While a slightly vague pedal feeling didn't help stop a distant quality in the brake feedback department, the brakes got the job done. Slowing Rondo down from high speeds down off ramps or quick stops in random city driving was uneventful. 4-wheel disc brakes with ABS and traction control comes as standard issue.
Ride ***
The Rondo fared well for a mini space wagon with suspension was obviously geared towards multiple human comfort over taut steering response. Over chuckhole filled city streets or at highway speed the ride was what you would expect from such a vehicle.
Handling ***
Rondo handled emergency maneuvers around random events with refreshing predictability. A tight turning radius made parking lot navigation and parallel parking turnarounds an easy task. Traction control kicks in if you push too hard, and causes an odd wha'happen sensation.
Gearbox ***
The five-speed Rondo gearbox shifted automatically without excess hunting or random searching. The key feature of this slushbox is the 10-Year 100K warranty. Worry not about shifting gears in Rondo!
Audio/Video ***
The Rondo EX tester was equipped with an optional Infinity AM/FM/CDC six-speaker system. This a huge leap forward from a Kia we drove last year that featured a cassette player! We were honestly too busy chowing down to fully test the system at peak levels, but it sounded fine on FM setting. Aux input jack for iPods and Cowon Mp3 players is coming for 2008.
Value *****
Price is a key consideration, as Rondo is currently the value leader in the small in North America seven passenger mini-space wagon class. Even fully equipped the Rondo hovers around the 20K range. Multi-person vehicular function and a certain amount of fun can be had on the cheap. Nearest competitor features a sliding door, but no V-6.
Toys *
We got the feeling Rondo is better equipped to carry toys than have too many built-in. Included multiple compartments and trap doors would be perfect for storing toys. Damping control on grab handles and glovebox door was a nice touch. We're not quite sure if the fuzzy lining inside the sunglasses holder qualifies as a toy or not.
Trunk ***
This Rondo had the optional third row split seating which folds flat for hatchback-type trunk action. Beyond the third row the rear seats also fold down giving Rondo 31.7 cubic feet with third row and 35 without. The third row looked entertaining, but we couldn't get anyone to actually sit back there. Roof rack features an adjustable track system.
Overall ***
We had a good time driving Rondo about, and so did everyone that rode around with us. Decent power and respectable mileage add up to functional mini-space wagon satisfaction at a reasonable price.
Kia Rondo Korean BBQ Tour, Part 1; Part 3 [Internal]


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State Codes and StatutesStatutes > West-virginia > 16 > 16-5d-11
§16-5D-11. License limitation, suspension, revocation; ban on admissions; continuation of disciplinary proceedings; closure, transfer of residents, appointment of temporary management; assessment of interest; collection of assessments; hearings.
(a) The secretary shall, by order, impose a ban on the admission of residents or reduce the bed quota of the assisted living residence, or any combination thereof, where he or she finds upon inspection of the assisted living residence that the licensee is not providing adequate care under the assisted living residence's existing bed quota and that reduction in quota or imposition of a ban on admissions, or any combination thereof, would place the licensee in a position to render adequate care. Any notice to a licensee of reduction in quota or ban on new admissions shall include the terms of the order, the reasons therefor and the date set for compliance.
(b) The secretary may suspend or revoke a license issued under this article if he or she finds upon inspection that there has been a substantial failure to comply with the provisions of this article or the standards or rules promulgated pursuant hereto.
(c) Whenever a license is limited, suspended or revoked pursuant to this section, the secretary shall file an administrative complaint stating facts constituting a ground or grounds for the limitation, suspension or revocation. Upon the filing of the administrative complaint, the secretary shall notify the licensee in writing of the filing of the administrative complaint, enclosing a copy of the complaint, and shall advise the licensee of the availability of a hearing pursuant to section twelve of this article. The notice and copy of the administrative complaint shall be served on the licensee by certified mail, return receipt requested.
(d) The suspension, expiration, forfeiture or cancellation by operation of law or order of the secretary of a license issued by the secretary or the withdrawal of an application for a license after it has been filed with the secretary, may not deprive the secretary of the secretary's authority to institute or continue a disciplinary proceeding or a proceeding for the denial of a license application against the licensee or applicant upon any ground provided by law or to enter an order denying the license application or suspending or revoking the license or otherwise taking disciplinary action on any such ground.
(e) In addition to other remedies provided in this article, upon petition from the secretary, the circuit court of the county in which the conduct has occurred or is occurring, or the circuit court of Kanawha County, may determine that an assisted living residence's deficiencies under this article constitute an emergency immediately jeopardizing the health, safety, welfare or rights of its residents and issue an order to:
(1) Close the assisted living residence;
(2) Transfer residents in the assisted living residence to other facilities; or
(3) Appoint temporary management to oversee the operation of the assisted living residence and to assure the health, safety, welfare and rights of the assisted living residence's residents where there is a need for temporary management while:
(A) There is an orderly closure of the assisted living residence; or
(B) Improvements are made in order to bring the assisted living residence into compliance with all the applicable requirements of this article.
(f) If the secretary petitions a circuit court for the closure of an assisted living residence, the transfer of residents or the appointment of a temporary management, the circuit court shall hold a hearing no later than seven days thereafter, at which time the secretary and the licensee or operator of the assisted living residence may participate and present evidence.
(g) A circuit court may divest the licensee or operator of possession and control of an assisted living residence in favor of temporary management. The temporary management shall be responsible to the court and shall have such powers and duties as the court may grant to direct all acts necessary or appropriate to conserve the property and promote the health, safety, welfare and rights of the residents of the assisted living residence, including, but not limited to, the replacement of management and staff, the hiring of consultants, the making of any necessary expenditures to close the assisted living residence or to repair or improve the assisted living residence so as to return it to compliance with applicable requirements and the power to receive, conserve and expend funds, including payments on behalf of the licensee or operator of the assisted living residence. Priority shall be given to expenditures for current direct resident care or the transfer of residents.
(h) The person charged with temporary management: (i) Shall be an officer of the court; (ii) shall be paid by the licensee; (iii) is not liable for conditions at the assisted living residence which existed or originated prior to his or her appointment; (iv) is not personally liable, except for his or her own gross negligence and intentional acts which result in injuries to persons or damage to property at the assisted living residence during his or her temporary management.
(i) No person may impede the operation of temporary management. There shall be an automatic stay for a ninety-day period subsequent to the establishment of temporary management of any action that would interfere with the functioning of the assisted living residence, including, but not limited to, cancellation of insurance policies, termination of utility services, attachments to working capital accounts, foreclosures, evictions and repossessions of equipment used in the assisted living residence.
(j) A temporary management established for the purpose of making improvements in order to bring the assisted living residence into compliance with applicable requirements may not be terminated until the court has determined that the assisted living residence has the management capability to ensure continued compliance with all applicable requirements, except if the court has not made such determination within six months of the establishment of the temporary management, the temporary management terminates by operation of law at that time and the assisted living residence shall be closed. After the termination of the temporary management, the person who was responsible for the temporary management shall make an accounting to the court and after deducting from receipts the costs of the temporary management, expenditures and civil penalties and interest no longer subject to appeal, in that order, any excess shall be paid to the licensee or operator of the assisted living residence.
(k) The assessments for penalties and for costs of actions taken under this article shall have interest assessed at five percent per annum beginning thirty days after receipt of notice of the assessment or thirty days after receipt of the secretary's final order following a hearing, whichever is later. All assessments against an assisted living residence that are unpaid shall be added to the assisted living residence's licensure fee and may be filed as a lien against the property of the licensee or operator of the assisted living residence. Funds received from assessments shall be deposited as funds received as provided in section ten of this article.
(l) The secretary shall have the power to promulgate emergency rules that expand the power of the secretary in excess of that provided in this article to the extent required to comply with federal requirements, but any such rules shall expand the power of the secretary to the minimum extent required by federal requirements. The rules are subject to the provisions of article three, chapter twenty-nine-a of this code.
(m) The opportunity for a hearing on an action by the secretary taken under this section shall be as provided in section twelve of this article.