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Two firearms manufacturers have announced they will no longer sell their products to law enforcement agencies in New York after state lawmakers endorsed Andrew M. Cuomo's proposed assault-weapons ban in early February.
Washington-state-based firearms manufacturer Olympic Arms, a manufacturer of AR-15s and other semi-automatic rifles, announced on Feb. 13 that it will no longer sell its products to New York state law enforcement agencies, three days after Templar Custom Arms made a similar pledge.
"We will not sell arms to agents of the state of New York that hold themselves to be 'more equal' than their citizens," reads Templar Custom's statement on Breitbart.com. "As long as the legislators of New York think they have the power to limit the rights of their citizens, in defiance of the Constitution, we at Templar will not sell them firearms to enforce their edicts."
"Legislation recently passed in the state of New York outlaws the AR-15 and many other firearms, and will make it illegal for the good and free citizens of New York to own a large selection of legal and safe firearms and magazines," Olympic Arms wrote on its official Facebook page. "We feel as though the passage of this legislation exceeds the authority granted to the government of New York by its citizens, and violates the Constitution of the United States."
Olympic Arms' Facebook page notice announcing its Empire State boycott had nearly 11,000 "likes" by noon on Feb. 19.
New York's assault-weapons ban allows law enforcement agencies to purchase assault-style weapons, but Olympic says it no longer will serve the state's first responders, according to Fox News.
The law also restricts ammunition magazines from 10 to seven bullets and current owners of higher-capacity magazines have a year to sell them out of state. An owner caught at home with eight or more bullets in a magazine could face a misdemeanor charge.
"It didn't make sense that citizens can't have what police departments have," Brian Schuetz, Olympic's president and co-owner, told the Albany Times Union.
According to Oliver VanDervoort in a Feb. 16 column on www.inquisitr.com, Olympic Arms and Templar Custom are among six American gun manufacturers that have released statements making it clear that they will not sell to states that enact tougher gun laws.
In addition to Olympic Arms and Templar Custom, the others include LaRue Tactical, Extreme Firepower Inc.,York Arms, and Cheaper Than Dirt.
**For more, go to: **
-- Firearms maker pulls business from N.Y. after new gun law


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Something for the weekend!
The CD covers that seemed like a good idea at the time:
Hot off the press: surely they should have saved this for a CD of Ludwig van Beethoven? Or a spot of Ralph VW? Even a recital by Anja Kampe. But Handel?
A good week for… Igor Stravinsky
... who became the face of Google on Wednesday. The internet search engine celebrated the Russian composer's birthday (17 June) with a logo based on The Firebird and The Rite of Spring.
'I find Stravinsky's compositions undeniably fresh and full of life,' says Google 'doodle' designer Ryan Germick. 'We, on the doodle team, always try to push ourselves … during a brainstorming session Stravinsky popped into my head as a great composer to feature.'
What they've said…
'I was asked to be naked for The Fairy Queen; they wanted me to wear a fig leaf but I don't want to say yes to everything'
Soprano Lucy Crowe, who bared all for English National Opera, rules out a repeat at Glyndebourne
On air and screen
Don't miss the chance to hear a portrait of Vaughan Williams in the Sunday Feature (21 June). Presenter Stephen Johnson embarks on a journey across England to visit the places where the ever-popular composer lived and worked, and to talk to the people who knew him, including his assistant Roy Douglas, his student Arthur Butterworth and his friend Simona Packenham. Produced last year to celebrate Vaughan Williams's 50th anniversary, make sure to tune in to this repeat broadcast.
In good hands…
'The more I studied Beethoven, the more I found his style is necessarily frank, open and human,' says Murray Perahia, here playing Beethoven's Fourth Piano Concerto. 'I have become completely won over by him.'
Read what else the world-renowned pianist has to say on returning to Beethoven's music in this month's issue of BBC Music Magazine.
- Article Type: | Article |
- Article Category: | World of Music |

subset: commoncrawl


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U.S. Equal Employment
Opportunity Commission
Volume XIV, No. 4
Office of Federal Operations
Fall Quarter 2003
Back Pay
Compensatory Damages-Nexus Requirement
Constructive Discharge
Disability Law--Disability-Related Inquiries
Disability Law-Regarded as Disabled
Disability Law-Medical Confidentiality
Disability Law-Qualification Standards
Disability Law-Reasonable Accommodation
Failure to State a Claim-Security Clearances
Failure to State a Claim-Collateral Attacks
Failure to State a Claim-Contract Employees
Final Orders
Mixed Case Appeals/Jurisdiction
Notice of Right to a Hearing
Racial Profiling
Res Judicata
Summary Judgment
The Digest of EEO Law is a quarterly publication of EEOC's Office of Federal Operations (OFO).
Carlton M. Hadden, Director, OFO
Donald Names, Director, OFO's Special Services Staff
Editor: Arnold Rubin
Writers: Gerard Thomson, Arnold Rubin, Lauren Schwartzreich
Available in accessible formats for persons with disabilities. The Digest is now available online through EEOC's homepage at www.eeoc.gov. If you wish to receive a copy in print, you must send a request, in writing, to Arnold Rubin, EEOC, Office of Federal Operations, 1801 L Street, N.W., Washington, D.C. 20507.
Agency Must Include Interest in Back Pay Award.
EEOC's regulations at 29 C.F.R. Section 1614.501 (c)(1) provide that back pay with interest, where sovereign immunity has been waived, are included as a remedy for unlawful discrimination. In the Civil Rights Act of 1991, Congress waived the government's sovereign immunity with respect to interest on back pay awards in cases where the employment provisions of the Rehabilitation Act had been violated. In this case, involving a nonselection, the EEOC Administrative Judge (AJ) found a violation of the Rehabilitation Act and awarded back pay. On appeal, the Commission found that complainant was entitled to interest on the back pay, which was not included in the agency's calculations. The Commission remanded the matter, directing the agency to calculate the interest on complainant's back pay award. Treadway v. Department of Veterans Affairs, EEOC Appeal No. 01A30237 (May 15, 2003).
No Nexus Found Between Discrimination and Foreclosure. In this case, the Commission affirmed the agency's decision that complainant was not entitled to compensatory damages in connection with the foreclosure and sale of his home. EEOC found that complainant had failed to show the necessary nexus between the agency's discriminatory actions and the pecuniary losses he suffered as a result of the foreclosure and sale of his residence. The Commission found that complainant's financial challenges, which he faced regarding his household budget, began with his wife and her income departing from the marital home in the months preceding the agency's discriminatory action. Gancayco v. United States Postal Service, EEOC Appeal No. 01A23324 (May 15, 2003), request to reconsider (RTR) denied. EEOC Request No. 05A30948 (July 15, 2003).
No Forced Retirement Found. Complainant claimed, on several bases of discrimination, that he was forced to retire. The AJ found no discrimination, and the Commission agreed. The Commission found no evidence that complainant was subjected to intolerable working conditions, for unlawful discriminatory reasons, such that a reasonable person would have been compelled to retire or resign. EEOC found that complainant took advantage of an early retirement that afforded him increased benefits as to retirement pay and medical insurance. Moore v. Department of the Navy, EEOC Appeal No. 01A21625 (June 12, 2003).
Agency Violated Rehabilitation Act Regarding Its Disability-Related Inquiry. The Commission reversed the agency's final decision (FAD) finding no discrimination based on disability. The Commission found that the agency's District Manager (DM) had improperly asked complainant to stand up in a staff meeting and explain that she was going to the hospital due to her bi-polar disorder. EEOC also found that DM had unlawfully asked complainant, upon her release from the hospital, to provide a doctor's note stating that she was neither homicidal nor suicidal. The Commission noted that the agency had failed to meet its burden of showing that DM's disability-related inquiry was job related and consistent with business necessity. The agency had failed to show that DM had a reasonable belief, based on objective evidence (i.e., directly observed or provided by a credible third party) that complainant's ability to perform essential job functions was impaired by her medical condition; or that she posed a direct threat due to a medical condition. By way of relief, the Commission ordered the agency to conduct Rehabilitation Act training for all management officials involved in this matter and to notify complainant of her right to submit evidence on compensatory damages. Chambliss v. Social Security Administration, EEOC Appeal No. 01A21179 (March 19, 2003).
Agency Regarded Complainant as Disabled and Failed to Show High Probability of Substantial Harm. After initially selecting complainant for the position of Mail Handler, the agency informed complainant that it would not hire her. The agency's Medical Director rated complainant, who was 5 feet, 5 inches tall and weighed 343 pounds, a "moderate risk," because she might have difficulty with prolonged standing and walking due to her weight. The agency had a policy of denying employment to any applicant who was rated a "moderate risk," and determined in this case that the strenuous duties of Mail Handler would jeopardize complainant's health and safety. The Commission found that the agency had failed to meet its burden of showing a high probability of substantial harm. EEOC noted that the agency's finding of unsuitability was not explained in any detail, nor did it address the duration of the risk posed by complainant's weight (complainant had no current limitations or restrictions); the nature and severity of the potential harm; the likelihood that the potential harm will occur; and the imminence of the potential harm. Accordingly, the Commission found that the agency unlawfully regarded complainant as substantially limited in the major life activity of working, perceiving complainant as unable to perform a broad range of jobs in various classes requiring heavy lifting, continuous standing, walking, pushing, pulling, bending, and reaching. EEOC ordered the agency to offer complainant the position at issue, or a substantially equivalent position, as well as back pay with interest; training for the agency's human resource personnel; and remanded the issues of compensatory damages and attorney's fees to an EEOC Administrative Judge. Henderson v. United States Postal Service, EEOC Appeal No. 01A05175 (June 3, 2003).
Release of Medical Information Violated the Rehabilitation Act. Complainant's former supervisor (S1) provided his new supervisor (S2) with complainant's work folder containing a letter from complainant's physician referring to "work-related stress." Complainant claimed that the presence of medical documentation in his work folder violated the Rehabilitation Act, and the Commission agreed. EEOC found no exceptions, in this case, to the requirement that information pertaining to any disabled or not disabled employee's medical history or condition be maintained on separate forms and in a separate file from a non-medical file, and be treated as a confidential medical record. By way of remedy, the Commission ordered the agency to remove all medical documentation from complainant's work folder, post a notice of a finding of discrimination, and pay any reasonable attorney's fees. Higgins v. Department of the Air Force, EEOC Appeal No. 01A13571 (May 27, 2003).
Agency's "Reinstatement/Re-hire Policy" Impermissible Qualification Standard. In 1992, the agency terminated complainant as a Mail Handler when she failed to adhere to a Last Chance Agreement (LCA), which had been implemented as a purported reasonable accommodation of her medical condition (lupus), because of continued absences associated with her medical condition. Beginning in 1995, complainant made repeated requests for reinstatement, informing the agency that her medical condition was stable and that she could return to work. The agency denied her requests and complainant filed an EEO complaint. An AJ found disability discrimination, and the agency declined to implement the AJ's decision and filed an appeal with EEOC. The Commission reversed the agency, finding that the agency's policy not to rehire employees discharged for cause, when applied to complainant, who was discharged because of excessive absences associated with a disability, screened her out on the basis of disability, failing to provide any measure of her ability to perform the essential functions of the position to which she sought reinstatement. EEOC further found, citing 29 C.F.R. Section 1630.10, that the agency's proffered business necessity, i.e., employees must have good attendance, was a rigid application of the policy that permitted the agency to ignore complainant's updated medical and employment documentation, which showed that her medical condition had been stable for four years and that she had recently and currently successfully maintained employment with no attendance problems. Accordingly, the Commission found that the agency's reinstatement/rehire policy, as applied to complainant, was an impermissible qualification standard. It ordered retroactive reinstatement with back pay, interest, and retroactive benefits and seniority. Pointer v. United States Postal Service, EEOC Appeal No. 07A10057 (April 24, 2003).
In the following cases, the Commission found that the agency had violated the Rehabilitation Act by not providing complainants with reasonable accommodation.
In the decisions below, the Commission found that complainants' complaints were not cognizable.
AJ's Award Becomes Agency's Award Upon Failure of Agency to Appeal. In Smith, et al. v. United States Postal Service, EEOC Appeal Nos. 01994524, et al. (January 31, 2001), an AJ issued a decision finding that the three named complainants were entitled to an award of compensatory damages and attorney's fees as follows: complaint "A," $190,445.95 compensatory damages; complainant "B," $65,000 compensatory damages; complainant "C," $54,000 compensatory damages and $4,200 attorney's fees. In his decision, the AJ indicated that the agency must issue an order stating that it did not intend to fully implement the AJ's decision and file an appeal with the Commission. Although the agency filed an appeal brief with the Commission, it did not issue its Notice of Final Order within the requisite 40 days of its receipt of the AJ's decision. See 29 C.F.R. Section 1614.110(a). Accordingly, the Commission found that the AJ's decision became the final action of the agency and dismissed the agency's appeal. EEOC ordered the agency to provide the complainants with the relief ordered by the AJ. Gibby, et al. v. United States Postal Service, EEOC Appeal No. 07A20025, et al. (September 13, 2002), RTR denied, EEOC Request No. 05A30107, et al. (March 20, 2003).
EEOC Has No Jurisdiction Over MSPB Decisions in the Absence of Discrimination Claims. In 1995, the agency found petitioner disabled for his position of Postal Service Clerk due to a psychiatric condition. In 2001, petitioner requested that the agency find him recovered from his disability. Subsequently, the agency issued a decision finding complainant recovered and no longer eligible for continued disability payments. Complainant appealed to MSPB requesting reinstatement, arguing that his removal was invalid since he was now considered recovered. In 2002, MSPB dismissed the appeal for failure to state a cause of action, finding that complainant's recovery did not invalidate prior decisions of the MSPB or the agency, which previously addressed the issue of removal. Complainant filed a petition with the Commission from the MSPB Final Order denying complainant's petition for review. EEOC denied complainant's petition for review of the MSPB's decision. The Commission stated that a determination as to whether petitioner was recovered, and no longer eligible for continued disability payments, was not a basis over which EEOC has jurisdiction. Tyler v. Office of Personnel Management, EEOC Appeal No. 03A20090 (March 4, 2003).
Complainant Entitled to a Hearing in the Absence of Evidence That She Received the Proper Notice.
In this case, EEOC vacated the FAD's finding of no discrimination and remanded the matter for a hearing in the absence of evidence that she received the investigative file or was notified of the right to request a hearing, in accordance with 29 C.F.R. Section 1614.108(f). Complainant claimed that she wanted a hearing and was misinformed about the process for requesting a hearing before an AJ. Williams v. Department of Veterans Affairs, EEOC Appeal No. 01A21667 (April 14, 2003).
Complainant's Claim of "Racial Profiling" Not Supported by the Evidence. In affirming the FAD's finding of no discrimination, the Commission found the claim of "racial profiling" by complainant (African-American) when he was detained and questioned by security forces at a military base, because they suspected he was intoxicated, was mere speculation. EEOC found sufficient evidence that the security forces reasonably suspected complainant was intoxicated. Tate v. Department of the Air Force, EEOC Appeal No. 01A31691 (May 15, 2003).
The Doctrine of Res Judicata Precludes Complainant From Filing Second Complaint. In affirming the agency's dismissal of complainant's complaint, the Commission found that the claim raised by complainant in complaint 1, concerning the agency's alleged failure to support him for a promotion, was also raised, and ultimately adjudicated, in the Commission's appeal decision on complaint 2. Thus, complaint 1 was precluded by the doctrine of res judicata, irrespective of the bases raised in connection with his ultimate non-selection for promotion. Bezelik v. National Security Agency, EEOC Request No. 05A11104 (May 8, 2003).
Commission Sets Forth Appropriate Criteria for Summary Judgment. Complainant, a GS-11 investigator with the agency's activity, filed a complaint claiming discrimination on a number of bases when he was not promoted to a GS-12 investigator's position even though he applied and was certified as eligible for one of five vacancies. The agency accepted complainant's complaint and conducted the required investigation. In response to complainant's request for a hearing, an AJ was assigned and took control of the complaint, directing the parties to engage in discovery within certain specified parameters. Subsequently, complainant filed a motion to compel discovery. The agency filed a motion for a decision without a hearing, as well as a reply to complainant's motion to compel discovery. In opposing the agency's motion for summary judgment, complainant criticized the agency for failing to thoroughly respond to his discovery requests. Complainant also asked the AJ to impose sanctions on the agency for its failure to produce requested discovery data. The AJ granted the agency's motion for summary judgment, finding no discrimination, and denied complainant's motion to compel and request for sanctions. The agency issued a final order fully implementing the AJ's decision. On appeal, the Commission vacated both the agency's and the AJ's decisions, and remanded the matter for a hearing.
The Commission found that the AJ had refused to compel the agency to turn over evidence in its possession, which may have been critical to complainant's effort to effectively oppose the agency's motion for summary judgment. EEOC found that, instead of reviewing each of complainant's original requests and determining which had merit and which did not, the AJ ignored the discovery dispute and accepted the agency's position and adopted its arguments. The Commission further found that the agency's failure to respond in good faith to complainant's initial discovery request could have justified an AJ's decision to grant complainant's sanctions request against the agency, e.g., by providing complainant with the opportunity to propound additional discovery requests, notwithstanding the AJ's order setting forth the boundaries of discovery.
Finally, the Commission found that the AJ had acted impermissibly as a fact finder in rendering his ruling, adopting the agency's "Statement of Facts." The Commission found that, in crediting the agency's version of the material facts, the AJ inappropriately assessed the credibility of the various parties' explanations, weighed the evidence, and determined the truth of the matters that should not have been decided until after a hearing was held.
In issuing its decision, the Commission set forth the following criteria, which must be met before a case is decided without a hearing, as a matter of law:
Petty, Jr. v. Department of Defense (Defense Security Service), EEOC Appeal No. 01A24206 (July 11, 2003). See also Murphy v. Department of the Army, EEOC Appeal No. 01A04099 (July 11, 2003) (judgment as a matter of law should not have been granted to the agency due to many unresolved issues, which require assessment as to the credibility of various management officials in light of the evidence submitted by complainant).
This article addresses the nature, process and criteria for certification of class actions in administrative proceedings with regard to claims of workplace discrimination in the Federal sector. It is not intended to be an exhaustive discussion of class complaints. Its purpose, instead, is to provide the reader with a general procedural overview from the initiation of a class complaint to certification or dismissal. Therefore, the discussion does not include the hearings process or findings on the merits of the complaint and the nature of relief awarded in the event discrimination is found. The Commission's regulations regarding class complaints are set forth at 29 C.F.R. Section 1614.204 et seq. (as revised, November 9, 1999). In addition, information pertaining to class complaints is set forth in Chapter 8 of the Commission's EEO Management Directive for 29 C.F.R. Part 1614 (EEO-MD-110), as revised, November 9, 1999. The discussion that follows is based, therefore, on the Commission's regulations, its management directive, and Commission case law.
A class complaint is a written complaint of discrimination filed on behalf of a class by the agent of the class. The agent of the class is a class member who acts for the class during the processing of the complaint. The class is defined as a group of employees, former employees, or applicants for employment who, it is claimed, has been or is being adversely affected by an agency personnel management policy or practice that discriminates against the group on the basis of race, color, religion, sex, national origin, age, or disability.
The class complaint must allege the following, which we will more fully address later in this article:
The Commission's regulatory requirements for class complaints provide a framework different from that for individual complaints. Class complaints require a four-stage process. The first stage is the establishment of a class complaint. At this stage, the class agent must seek counseling from an agency EEO Counselor. The second stage is a determination by an EEOC Administrative Judge (AJ), subject to final agency action, as to whether to certify the complaint as a class action. The third stage, assuming that the complaint has been certified as a class action, involves a recommended decision from an AJ on the merits of the class complaint, subject to final agency action in the form of a final agency decision. The fourth stage, where there has been a finding of class-based discrimination, is the determination of the claims of relief of the individual class members.
As with individual complainants, an employee, who seeks to represent a class of employees, must initiate counseling and undergo pre-complaint counseling within the 45-day period set forth at 29 C.F.R. Section 1614.105, with one exception: a complainant may move for class certification at any reasonable point in the process when it becomes apparent that there are class implications to the claim raised in an individual complaint. 29 C.F.R. Section 1614.204(b).
MD-110 defines the term "move" to mean that the complainant must make his or her intention to process the complaint as a class action clear to the investigator if the complaint is still in the investigation phase of the process; to the AJ if the complainant is at the hearing phase of the process; or to the agency if the investigation has been completed and the complainant has not elected to proceed to a hearing. A complainant may make his or her intention clear through a letter, a formal motion, or any means that effectively informs the agency, investigator (if the matter is in the investigative stage of the process), or AJ of the complainant's intent to pursue a class action.
Again as with an individual complaint, a class complaint must be filed with the agency that allegedly discriminated against the putative class. 29 C.F.R. Section 1614.106. A class complaint must be signed by the class agent (the complainant) or a class representative and must identify the policy or practice adversely affecting the class as well as the specific action or policy affecting the class agent. 29 C.F.R. Section 1614.204(c)(1).
Within 30 days of an agency's receipt of a class complaint, including the agency's receipt of the class complaint during its investigation of the aggrieved person's individual complaint, an agency must designate an agency representative and forward the complaint, along with a copy of the EEO Counselor's report and any other relevant information about the complaint, to the Commission. 29 C.F.R. Section 1614.204(d)(1). When any complaint is filed, an agency must preserve any and all evidence with potential relevance to the class complaint. This is a continuing obligation that begins as soon as the complaint is filed, even before the class has been certified, and continues throughout the processing of the complaint. The agency must forward the class complaint to the EEOC District Office having jurisdiction over the agency facility where the complaint arose. MD-110 provides additional information pertaining to where the class complaint should be forwarded.
The Commission will assign an AJ to issue a decision on certification of the complaint. 29 C.F.R. Section 1614.204(d). A class complaint will be dismissed if any of the following criteria apply and are not satisfied:
The AJ may direct the complainant or the agency to submit additional information relevant to the issue of certification. 29 C.F.R. Section 1614.204(d)(1).
With regard to the relationship of class complaints and individual complaints, an individual complaint that is filed before or after the class complaint is filed, and that comes within the definition of the class claim(s), will not be dismissed but will be subsumed within the class complaint. If the class complaint is dismissed at the certification stage, the individual complaint may still proceed, unless the same or another basis for dismissal applies. If the class proceeds to a hearing, the individual claim may be presented at the remedy stage by the complainant. If the class complaint is dismissed at the certification stage, the class members may not proceed unless they have timely filed individual complaints. Within 30 days of receipt of a decision dismissing a class complaint for failure to meet the criteria of a class complaint, the agency shall issue the applicable acknowledgment and process each individual complaint that was subsumed into the class complaint in accordance with the relevant regulations under 29 C.F.R. Part 1614.
The AJ determines whether the class complaint is certified; certified conditionally, for a reasonable time period, until complainant finds representation; or dismissed. However, certification of a class will not prevent an AJ from modifying the certification order or dismissing the class complaint in light of subsequent developments. Further, the AJ has the authority, in response to a party's motion or on his or her own motion, to redefine a class, subdivide it, or dismiss it if the AJ determines that there is no longer a basis for the complaint to proceed as a class complaint. The AJ then transmits the decision to accept or dismiss a class complaint to the agency and the agent. It is incumbent upon the agency to take final action by issuing a final order within 40 days of receipt of the AJ's decision. The final order notifies the agent whether the agency will implement the AJ's decision. If the final order will not fully implement the AJ's decision, the agency shall simultaneously appeal the AJ's decision in accordance with 29 C.F.R. Section 1614.403 and append a copy of the appeal to the final order. The complainant has 30 days from receipt of the final order to file an appeal, on the EEOC appeal form provided to complainant by the agency.
If the decision is to accept (certify) the class complaint, the agency must notify all class members. 29 C.F.R. Section 1614.204(e)(1). The agency must use all reasonable means to notify all class members of the acceptance of the complaint within 15 days of its receipt of the AJ's decision, or within a reasonable time frame specified by the AJ. Class members may not "opt out" of the defined class; however, they do not have to participate in the class or file a claim for individual relief. In the event the matter is settled, all class members must receive notice of any settlement or decision on the class complaint, whether or not they participated in the action. In addition, they are to be given the opportunity to object to any proposed settlement and to file claims for individual relief if discrimination is found. Where a resolution is proposed, all class members must be notified in the same manner as the notification of certification of the class was given. The notice of proposed resolution must include a copy of the proposed resolution; set out the relief, if any, that the agency will grant; and inform the class members that the resolution will bind all members of the class. As indicated above, class members have the right to submit objections to the settlement. If the AJ finds that the resolution is fair, adequate and reasonable to the class as a whole, the resolution will bind all members of the class. 29 C.F.R. Section 1614.204(g)(4). An AJ's determination with regard to the resolution is subject to appeal by the parties.
In cases where the AJ dismisses the class complaint at the certification stage, the AJ's decision will inform the agent that the complaint is being filed on that date as an individual complaint and will be processed under the Commission's regulations set forth in 29 C.F.R. Part1614; that the individual complaint is also being dismissed in accordance with 29 C.F.R. Section 1614.107(a); or, in the case of a complaint forwarded to the AJ during the agency's investigation of the complaint, that the complaint is being returned to the agency and will continue from the point that the agency's investigation ended with the referral of the complaint to the AJ.
We now turn to the specific criteria, cited above, which must all be satisfied in order for a class complaint to be certified by an AJ. In Tyson, et al. v. Department of the Army, the complainant, the class agent, filed a class complaint, claiming discrimination based on race, on behalf of purportedly eligible Black employees and applicants for employment with regard to promotions and appointments to positions at the GS-14 level and above at HQ TRADOC and Fort Monroe, VA. Complainant asserted that, although Blacks comprised approximately one quarter of the workforce, only two Blacks encumbered positions at that level. Complainant averred that the agency "positioned, prepared, and promoted/appointed" White employees in such a manner as to result in the disparate treatment of Blacks. In support of his claim, complainant identified two recent promotions to GS-14 and GS-15 positions, respectively, which were both awarded to White employees.
After discovery, an AJ issued a recommended decision denying certification for failure to satisfy the requirements for class certification and indicated that complainant could pursue his individual complaint of workplace discrimination under Title VII. The AJ determined that the allegations were too vague to be a class claim. The AJ also found that complainant failed to satisfy the criteria of numerosity, commonality, typicality, and adequacy of representation as set forth in 29 C.F.R. Section 1614.204. In its final order, the agency adopted the AJ's decision.
In affirming the agency's final action on appeal, the Commission noted that, in the case of class complaints, the requirements of commonality and typicality have to be addressed prior to addressing the criterion of numerosity so that the appropriate parameters and size of the class membership could be determined.
In Tyson, the Commission pointed out that the purpose of the requirements of commonality and typicality is to ensure that the class agent suffers the same injury as the members of the proposed class. The Commission noted that, in application, the two criteria tend to merge and are often indistinguishable from each other. Commonality requires that there be questions of fact common to the class. Therefore, the class agent has the burden of establishing some evidentiary basis from which an overriding policy or practice of discrimination can reasonably be inferred. The class agent may not merely set forth conclusory claims, alone, to satisfy commonality. Rather, he or she must identify, specifically, facts common to the class. This may be achieved through allegations of specific incidents of discrimination, supporting affidavits containing anecdotal testimony from other employees against whom an employer allegedly discriminated in the same manner as the class agents, and evidence of specific adverse actions.
As for typicality, the Commission stated that the claims of the class agent must be typical of the claims of the class. The overriding typicality principle, opined the Commission, is that the class members' interests must be fairly encompassed within the claim of the class agent. (Cf. Gilyard, III, et al. v. Department of Energy, EEOC Appeal No. 01A01550 (June 9, 2003) (to establish typicality complainant must show some nexus with the claims of the class, e.g., similarity in the conditions of employment, as well as alleged discrimination affecting both the agent and the class).
In Tyson, the Commission agreed with the AJ's conclusion that complainant had failed to satisfy the commonality and typicality elements because he failed to submit evidence demonstrating that other similarly situated, qualified Black employees, or outside applicants, were also denied the opportunity to apply for these positions. In this regard, the Commission noted that it was irrelevant in determining commonality or typicality whether complainant, or anyone from the putative class, submitted an application because complainant had contended that the agency pre-selected candidates or only provided vacancy notices to select employees or groups of employees, or arbitrarily restricted eligibility to certain groups, effectively precluding the opportunity for otherwise qualified candidates to apply for GS-14 and above positions.
The Commission further stated that complainant's statistical evidence failed to show that Black employees encumbering GS-13 positions would have, in fact, been qualified for promotion/appointment to the GS-14 and above positions filled by the agency during the pertinent time period. The Commission found it speculative to merely assume that the Black employees, by virtue of their GS-13 positions (i.e., the next lower grade), were qualified in the absence of further evidence regarding their qualifications. Moreover, complainant provided no evidence to show that, like himself, the members of the purported class were also unaware of the vacancies, or were arbitrarily eliminated from eligibility by restrictions in the vacancy announcements.
Turning to the requirement of numerosity, the Commission in Tyson, citing 29 C.F.R. Section 1614.204(a)(2)(i), noted that the putative class must be so large as to make joinder impractical. Considerations, stated the Commission, include the following: the number of class members; the location and dispersion of class members; the ease of identifying class members; and any other factors which would indicate a substantial hardship in the class members participation in the complaint. No set number is required and each matter is evaluated on a case-by-case basis. While the exact number of class members need not be shown pre-certification, some showing must be made of the number of individuals affected by the alleged discriminatory practices who, therefore, may assert a claim. (Cf. Gilyard, III, et al. v. Department of Energy supra (courts generally reluctant to certify classes below approximately 50 members)).
In Tyson, the Commission found that complainant provided no evidence of the number of Black employees, or outside applicants, who were qualified for the vacancies. The Commission also noted that not even an approximation of the number of the putative class could be attempted. The Commission found that joinder of the complainants may be impractical, given that the class included potential outside applicants for employment. However, because the record was devoid of any evidence suggesting a number for the purported class, complainant failed to satisfy the requirement for numerosity.
In Tyson, the Commission found that complainant had failed to satisfy this perhaps most critical requirement because the rights of the absent class members would be determined by the judgment. The Commission cited the requirement, in 29 C.F.R. Section 1614.204(a)(2)(iv), that the agent of the class or, if represented, the representative, can fairly and adequately protect the interests of the class. The Commission agreed with the AJ's determination that complainant had failed to demonstrate that he had the necessary knowledge and skills to represent the class, or that he was able to insure adequate funding to obtain representation. Accordingly, the Commission sustained the agency's dismissal of the class complaint.
Finally, we address the agency's obligation, pursuant to 29 C.F.R. Section 1614.204(d)(7), when dismissing a class complaint, to notify a complainant that the complaint is also being either accepted or dismissed as an individual complaint. In Pruett v. Department of Defense, Defense Logistics Agency, the Commission found that the agency did neither. Instead, the agency merely notified the class agent that rejection of the complaint as a class complaint did not preclude the use of the individual complaint procedures. The Commission deemed the agency's action to be tantamount to a dismissal of the individual claim. Accordingly, the Commission reversed the agency's dismissal of the class agent's claim concerning his individual complaint and remanded that claim for further processing.


text:
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text:
Final 10 games sour six months of hard work
Bats went silent, pitching struggled down stretch
ARLINGTON -- The Rangers had a five-game lead with nine to play. Ten games later, their season was over.
The Rangers have never had a season come to a sudden and stunning end like what happened in 2012. They still won 93 games, but what happened in the final two weeks won't easily be forgotten.
"We just got cold," outfielder Josh Hamilton said. "We played our hearts out and we got cold."
"It's baseball," closer Joe Nathan said. "It just seemed like down the stretch there, our timing and everything was off. We weren't swinging the bats well. We didn't pitch well. For most of the season, we played pretty good baseball and stayed consistent. But we picked the worst time to get into a funk and the last two weeks didn't go our way for sure."
The simple explanation is the Rangers wore down physically after playing deep into October in each of the past two years. The Rangers got off to a fast start, but then cracks started showing. The pitching staff was hit hard by injuries. The offense went into a slump in June and July. Key offensive players like Ian Kinsler, Michael Young, Nelson Cruz and Mike Napoli saw their production fall off from previous seasons.
The Rangers rallied over the final two months and seemed ready to make another deep run into the playoffs. Then came the sudden and unexpected conclusion. In the end, this was not the season the Rangers expected.
Record: 93-69, 2nd in the AL West
Defining moment: For all the good things that happened to the Rangers, this season will be remembered for the three straight losses to the Athletics at the end of the season. That knocked them out of first place and into the Wild Card playoff game, which they lost to the Orioles.
What went right: Yu Darvish and Matt Harrison combined for 34 victories as All-Star starters ... Joe Nathan recovered completely from two years of dealing with Tommy John elbow reconstruction surgery and saved 37 games ... Elvis Andrus had another All-Star season at shortstop and David Murphy hit .304 with a .380 on-base percentage and .479 slugging percentage, all career highs for a full season ... Josh Hamilton and Adrian Beltre combined for 79 home runs and 230 RBIs in the middle of the order ... Robbie Ross, Tanner Scheppers and Michael Kirkman showed the potential for being key members of the future bullpen ... Craig Gentry played well in a part-time role ... pitchers Martin Perez and Justin Grimm, infielders Mike Olt and Jurickson Profar, and outfielder Leonys Martin showed they have a future at the big league level.
What went wrong: Starters Colby Lewis and Neftali Feliz suffered season-ending arm injuries ... Kinsler, Cruz and Young all stayed healthy, but did not have the seasons expected of them ... Napoli's physical problems left the Rangers scrambling at catcher ... relievers Alexi Ogando, Mark Lowe, Koji Uehara and Mike Adams missed significant time due to injuries, as did starter Derek Holland. Scott Feldman had a six-game losing streak, a six-game winning streak and a five-game losing streak as part of his unusual season ... Roy Oswalt went from the rotation to the bullpen to out the door as quickly as possible when it was all over ... Ryan Dempster won seven games after being acquired from the Cubs, but had a 5.09 ERA and let a 5-1 lead slip away on the final day of the season.
Biggest surprise: Ross came out of nowhere to win a job as a reliever in Spring Training and won a job in the bullpen. He pitched in 53 games and went 6-0 with a 2.22 ERA.


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Ponemon Institute's Asia-Pacific report details the prevalence of and consequences associated with web application attacks and denial of service (DoS) attacks. More than 500 IT and IT security professionals in Asia-Pacific shared the experiences of their organizations with these types of cyberattacks. The report provides a clear breakdown of specific costs by category for web application attacks and DoS. You'll also see the security technologies the organizations are using to try to stop DDoS attacks and web application attacks, the rated effectiveness of each technology, and the barriers organizations in Asia-Pacific face in achieving effective protection.In viewing this Akamai content, we would like to share your data with Akamai. Click here for more info or to opt out.
Cognitive Publishing Ltd
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If I had to leave my organization for a year and the only communication I could have with employees was a single paragraph, what would I write? Does Travel management create potential expectations in other areas that need to be recognized and considered? Does Travel management systematically track and analyze outcomes for accountability and quality improvement? What other jobs or tasks affect the performance of the steps in the Travel management process? To what extent does management recognize Travel management as a tool to increase the results?
Why Own The Travel management Self-Assessment?
The Travel management Self-Assessment will make you a Travel management domain expert by:
Reducing the effort in the Travel management work to be done to get problems solved
- Ensuring that plans of action include every Travel management task and that every Travel management outcome is in place
- Saving time investigating strategic and tactical options and ensuring Travel management opportunity costs are low
- Delivering tailored Travel management advise instantly with structured going-forward plans
All the tools you need to an in-depth Travel management Self-Assessment. Featuring 635 new and updated case-based criteria, organized into seven core areas of process design, this Self-Assessment will help you identify areas in which Travel management improvements can be made.
What Is In The Travel management Self-Assessment?
The Travel management Complete Self-Assessment Excel Dashboard
- Ensures you don't miss anything: 635 criteria in 7 RDMAICS (Recognize, Define, Measure, Analyze, Improve, Control and Sustain) steps with easy and quick navigating and answering for 1 or up to 10 participants
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- Gives you a professional Dashboard to guide and perform a thorough Travel management Self-Assessment
- Is secure: Ensures offline data protection of your Self-Assessment results
- Dynamically prioritized projects-ready RACI Matrix shows your organization exactly what to do next
The Travel management Complete Self Assessment eBook version of the book in print
- Provides a convenient way to distribute and share among the participants to prepare and discuss the Self-Assessment
In using the Self-Assessment you will be better able to:
Diagnose Travel management projects, initiatives, organizations, businesses and processes using accepted diagnostic standards and practices
Implement evidence-based best practice strategies aligned with overall goals
- Integrate recent advances in Travel management and process design strategies into practice according to best practice guidelines
Assess And Define Travel management With This Travel management Self Assessment. Sample Questions From The Complete, 635 Criteria, Self-Assessment:
- Recognize Criterion: What vendors make products that address the Travel management needs?
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- Measure Criterion: Among the Travel management product and service cost to be estimated, which is considered hardest to estimate?
- Analyze Criterion: Record-keeping requirements flow from the records needed as inputs, outputs, controls and for transformation of a Travel management process. ask yourself: are the records needed as inputs to the Travel management process available?
- Improve Criterion: At what point will vulnerability assessments be performed once Travel management is put into production (e.g., ongoing Risk Management after implementation)?
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Statistics according to Glassdoor and Indeed tell these positions receive an average basic pay of $125,000. Daily rates of basic pay are computed by dividing an employee's annual pay by 260 days. The daily salary is then derived by dividing the annual salary of $125,000 by 260 days = a daily rate of $480.
- Top management consulting firms start at $2,000 a day, with rates typically charged up to 40 hours per week.
For a fraction of this the Self-Assessment will make you a Travel management domain authority.
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text:
Aaron Sorkin
Jump to navigation Jump to search
Aaron Benjamin Sorkin (born 9 June 1961) is a playwright and screenwriter, originally from Scarsdale, New York. He is known for his rhythmic dialogue and inventive television style.
- Socializing on the internet is to socializing, what reality TV is to reality.
- The Colbert Report at 7m35s. Aired 2010/09/30, retrieved 2010/10/16.
- said whilst promoting The Social Network in an interview with Stephen Colbert on The Colbert Report in defense of not having a Facebook account.
- Writing anything, it sorta starts the way you'd build a castle at the beach. You're just taking your hands and you're mounting up sand.
- The West Wing, Season Two Commentary Track: Noel.
- Is it (Sports Night) a comedy or a drama? That's generally not a question I try and answer for myself before I'm going to write something. The example I would use is, if you're driving in your car and you're listening to a rock 'n' roll station on the radio and a song comes on, and in the song you hear elements of jazz and folk and you hear strings in there … it's not necessary to answer the question, "Is this jazz, is this folk, or is this rock?" before you decide to listen to it and like it or not.
- Interview for Comedy Central. [specific citation needed]
- People who don't know anything tend to make up fake rules, the real rules being considerably more difficult to learn.
- The West Wing Script Book: Volume 1, Introduction.
- I love writing but I hate starting. The page is awfully white and it says. " You may have fooled some of the people some of the time but those days are over, giftless. I'm not your agent and I'm not your mommy, I'm a white piece of paper, you wanna dance with me?" and I really, really don't. I don't want any trouble. I'll go peaceable-like.
- The West Wing Script Book: Volume 1, Introduction.
See also[edit]
- A Few Good Men (play and film)
- Malice (film)
- The American President (film)
- Sports Night (television series)
- The West Wing (television series, first four seasons)
- Studio 60 on the Sunset Strip (television series)
- Charlie Wilson's War (film)
- The Social Network (film)
- Moneyball (film)
- The Newsroom (television series)
External links[edit]
- Aaron Sorkin quotes at the Internet Movie Database


text:
Mike Gamble
Unreal Engine 4: majority of in-development titles are new IP, says Epic boss
Unreal Engine 4 licensees are mostly working on brand new properties rather than sequels, Epic's Mike Gamble has said.
Mike Gamble headlines
Mass Effect 4 tentatively slated for "late 2014 to mid-2015" is "inaccurate" says EA [Update]
Apparently, the "late 2014 to mid-2015" date for Mass Effect 4 is "inaccurate," according to an EA spokesperson.
Mass Effect 3 will get its largest patch to date this week
Mass Effect 3 will receive a its largest patch to date later this week, which promises to improve the gaming experience with various fixed, bug squashing for both the campaign and multiplayer.
Even BioWare struggles with Mass Effect 3's new multiplayer difficulty
This week's free Mass Effect 3 multiplayer expansion, Earth, adds in a new tier of difficulty so hardcore even its creators have a tough time beating it.
BioWare has "much more" Mass Effect 3 DLC in store
Although it's not ready to talk about it, the Extended Cut DLC definitely isn't the last extra content BioWare has planned for Mass Effect 3.
Mass Effect 3: Extended Cut to provide "a sense of personalization with the endings"
During a Mass Effect 3 panel at PAX East, BioWare producer Mike Gamble said the game's Extended Cut DLC would provide players with "a sense of personalization with the endings."
Maintaining Mass Effect: 90 minutes with ME3 single-play
Buckle-up soldier; the Reapers are at the door and Shepard's got a universe to save. Stace Harman goes hands-on with the first 90 minutes of Mass Effect 3 and chats to Bioware's Mike Gamble about the evolution of a franchise.
BioWare: Shooter and RPG elements balanced in Mass Effect 3
On a sliding scale of RPG to shooter, the Mass Effect series has made sorties on both ends – but is aiming right for the middle.
Mass Effect 3 ending may hurt - but keep your saves
Not every Commander Shepard fan is going to be happy at the end of Mass Effect 3, but don't put your hard drive out the airlock just yet.
Quick Quotes: Bioware on the action moments in Mass Effect 3
"You watch a movie and if it's hard hitting, crazy, turn it up to 11 every moment of the movie, it dulls your senses and you don't really appreciate the moments. Just like any movie, a game is like that, especially Mass Effect 3. You have your critical moments where decisions are important and big […]
Mass Effect 3 features a terribad ending option
We've suspected for some time that Commander Shepard could die in Mass Effect 3, but did you know everyone else can, too? Some Mass Effect 1 and 2 spoilers ahead.
Epic: PC gaming not in trouble, "just different"
Asked whether PC gaming might be entering a renaissance, Epic's European head Mike Gamble said it's a "fallacy" to suggest that it hasn't already.
Epic's Gamble: Studio closures can be a good thing as it leads to new ideas and companies
Epic Games' European boss Mike Gamble believes some publishers make "stupid acquisitions" thus causing studio closures like Black Rock by Disney as one such example.
Mike Gamble latest
Unreal Engine 4: majority of in-development titles are new IP, says Epic boss
Mass Effect 4 tentatively slated for "late 2014 to mid-2015" is "inaccurate" says EA [Update]
Even BioWare struggles with Mass Effect 3's new multiplayer difficulty
Mass Effect 3: Extended Cut to provide "a sense of personalization with the endings"
Quick Quotes: Bioware on the action moments in Mass Effect 3
Epic's Gamble: Studio closures can be a good thing as it leads to new ideas and companies


text: Prelude 1/2 Bass D String: Medium Catalog ID: STBAPRE32_1SUB Prelude bass strings are multi-stranded steel core strings that produce a warm tone quality with good bow response. The special core design and reduced tension creates strings that are very easy to play, especially for younger, developing players. Prelude bass strings maintain a clear, warm sound that blends well across the ensemble. These medium tension strings are optimized for a majority of players. Brand: Prelude String: D String Size: 1/2 Winding Material: Stainless Steel Core Material: Steel Gauge: Medium String End: Ball In StockOn Sale List Price: $41.50 Regular Price: $18.68 $13.62 Buy Continue Shopping


text:
You might recall that way back during the Oatmeal/Funnyjunk saga, Charles Carreon — the villainous attorney defeated in that story — went after an anonymous blogger, Satirical Charles.
After forcing Register.com to give up the blogger's name (by threatening to add Register.com as a defendant in a lawsuit to be filed the next day – a lawsuit Carreon never filed), Charles Carreon promised legal fire and brimstone, asserting a ridiculous theory of trademark liability (because Carreon trademarked his own name). Carreon warned that he would pursue the blogger to the ends of both earth and statute of limitations.
Satirical Charles, with an assist by Paul Alan Levy of Ralph Nader's Public Citizen, fired back with a Federal lawsuit seeking a declaration that his use of Carreon's name was protected by the First Amendment.
Despite Carreon's bravado, he has since been hiding out in his Tuscon, AZ abode, avoiding process servers like they were CIA agents out to get him. (Long story). Even though Carreon's a self-styled "internet lawyer," and even though he receives official court communications via an email address, our legal system continues to require physical service of process. The court insisted on personal service, though it documented Carreon's ridiculous evasions of service in its order (PDF). Without service of process, the case couldn't continue, and Carreon was free to let his censorious threats hang in the air (even going as far as to attempt to get the blogger fired, by threatening a lawsuit against Walgreens) with no repercussions.
Until Cathy Gellis found him in San Francisco. Cathy, one of the attorneys helping the blogger, learned that Carreon was slated to make a personal appearance in her local Federal court. Cathy waited patiently for Carreon to make his appearance, than served him in the hallway. The proof of service is here (PDF). I'm jealous of Cathy: she not only gets to help a blogger protect his speech rights, but she got to see the look on Carreon's face. Though the proof of service doesn't note it, I hope she took a picture.
The proof of service also contains this email from Carreon to Paul Alan Levy:
I have no interest in litigating this matter, and accordingly will not consent to or expose myself to service. There is no case or controversy, and your client has no Article III standing to file this suit, which is simply some bizarre form of harassment in which you play the role of officious interloper.
Not only does Carreon deserve little sympathy for complaining of legal harassment (having sent the below letter and tried to get the blogger fired using frivolous legal threats), he's singing a new tune. Just a few months ago, Carreon promised that he would sue the blogger with one of the most grotesque letters of censorious legal thuggery I've ever read:
- "As far as when and where I will sue your client, be certain that it will occur if your client does not cede the domain, and advise her of ten things:
- There there is essentially no statute of limitations on this claim, and the prima facie laches defense would not kick in for at least three years.
- That venue in this action can be validly laid in at least three places, maybe four, if she doesn't live in Arizona, Florida, or California. […]
- That the law in this area cannot be predicted with certainty, will evolve substantially over the next three years, during which I will be using digital forensics to establish actual trademark damages in addition to seeking the maximum cybersquatting penalty of $100,000; […]
- That you cannot guarantee that Public Citizen will provide her with free legal services on June 1, 2015, when I may very well send the process server 'round to her door. […]
- That the litigation, being of first impression in virtually every Circuit, grounded in a federal question, involving a registered trademark, and dispositive of many open issues in the field of Internet commerce and speech, might very well continue for a decade."
Well, Charles Carreon — you might get your wish. Too bad you no longer want it. But wait, there's more!
Charles could have been cooperative and waived personal service under Federal Rules of Civil Procedure Rule 4(d) The judicial system rewards cooperative parties: they get a whole 60 days to respond to a Complaint if they waive service and everyone saves some money. Because Carreon doesn't want to play nicely, he may have to pay the costs of being served (Rule 4(d)(2)) and he only gets 21 days to file his answer — meaning December 6th.
Why, that's just right around the corner — and just in time for the holidays! Get your holiday popcorn balls ready.
(Hat tip to the Satirical Takedown Lawyer, who's covering an equally bizarre internet controversy, for pointing this out.)


text:
Objectives Edit
Ask Gardener Fran, Gai Lan, and Den Mudclaw for hops.
- Speak with Gardener Fran[48.3, 33.5]
- Speak with Gai Lan[38.5, 51.7]
- Speak with Den Mudclaw[44.3, 34.2]
Description Edit
With Li Li fetching grain, and Mudmug handling our water, all we need is hops, and some good wood barrels. I'll handle the barrels... but I need you to gather the hops.
I don't know much about the hops from this land, but I'm sure the nearby farmers have something worth brewing with. Go see what you can rustle up.
Completion Edit
After talking with the farmers, it seems like they all will be willing to part with some hops... provided that you help them out some way in return.
Dialogue Edit
- Gardener Fran
- I'm helping a friend brew some beer, and we need hops. Do you have any to spare?
- Gardener Fran says: Nothing is free, <race>. You want hops, you need to work.
- Accept and complete Gardener Fran and the Watering Can.
- Den Mudclaw
- Do you have any hops you can spare?
- Den Mudclaw says: You'll have to ask Mung-Mung about that. He maintains our food stores.
- Mung-Mung doesn't say anything until players complete Enough is Ookin' Enough.
- Gai Lan
- Can I buy some hops from you?
- Gai Lan says: Would that I could, <class>, but I have a bit of a weed problem. Say... you wouldn't be willing to help out, would you?
- Accept and complete Weed War.
Rewards Edit
You will receive:
- 9 80
Notes Edit
- Each person you ask will have you do quests before handing over the hops.
Progression Edit
- [86] Chen's Resolution
- Complete all of the following:
- [86] Hop Hunting
- Complete the following:
- [86] Gardener Fran and the Watering Can
- [86] Enough is Ookin' Enough
- [86] The Farmer's Daughter (optional)
- [86] Seeing Orange (optional)
- [86] Weed War
- [86] Stormstout's Hops
- Complete the following:
- [86] Li Li and the Grain
- Complete the following:
- [86] Taste Test
- [86] Wee Little Shenanigans
- [86] Out of Sprite
- [86] Grain Recovery
- [86] The Quest for Better Barley
- [86] The Chen Taste Test
- Complete the following:
- [86] Doesn't Hold Water
- [86] The Great Water Hunt
- [86] Barreling Along
- 3. [86] The Emperor
Patch changes Edit
- β Patch 5.0.1 (Beta): Added.
External links Edit
Community content is available under CC-BY-SA unless otherwise noted.


text:
SET 1: Reba, Llama, The Squirming Coil > Golgi Apparatus, Guelah Papyrus, My Sweet One, Colonel Forbin's Ascent > Fly Famous Mockingbird > The Sloth, I Didn't Know[1] > Possum[2]
SET 2: Suzy Greenberg[3], Caravan[3] > Divided Sky[3], Gumbo[3] > Dinner and a Movie[3] > Bouncing Around the Room[3], Split Open and Melt[3], Magilla[3] > Cavern[3] > Run Like an Antelope[3]
SET 3: AC/DC Bag[3] > The Landlady[3], Esther > Chalk Dust Torture, Bathtub Gin[3], Mike's Song[3] > I Am Hydrogen[3] > Weekapaug Groove[3], Hold Your Head Up[3] > Touch Me[4], Harry Hood
ENCORE: Contact[3] > Big Black Furry Creature from Mars[3]
Add a Review
March 27, 1993
25 years ago
Warfield Theatre
Set 1: Llama, Guelah Papyrus, Rift, Stash, Reba, My Friend, My Friend[1], Uncle Pen, Sample in a Jar, I Didn't Know[2], David Bowie[3]
Set 2: Buried Alive > Halley's Comet > It's Ice > Bouncing Around the Room, Chalk Dust Torture, The Man Who Stepped Into Yesterday > Avenu Malkenu > The Man Who Stepped Into Yesterday > Mike's Song > I Am Hydrogen > Weekapaug Groove, Hold Your Head Up > Cracklin' Rosie > Hold Your Head Up, Poor Heart > Golgi Apparatus
Encore: The Squirming Coil, Carolina
[1] Beginning featured Trey on acoustic guitar.
[2] Fish on trombone.
[3] All Fall Down signal in intro.
Phish.net is a non-commercial project run by Phish fans and for Phish fans under the auspices of the all-volunteer, non-profit Mockingbird Foundation.
This project serves to compile, preserve, and protect encyclopedic information about Phish and their music.
Credits | Terms Of Use | Legal | DMCA
The Mockingbird Foundation is a non-profit organization founded by Phish fans in 1996 to generate charitable proceeds from the Phish community.
And since we're entirely volunteer – with no office, salaries, or paid staff – administrative costs are less than 2% of revenues! So far, we've distributed just about $1,500,000 to support music education for children – hundreds of grants in all 50 states, with more on the way.


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- Professional Ballet tutu and Men
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Search results
This interactive quiz, for Grades 6 to 8, is designed to increase students' knowledge and understanding of alcohol marketing aimed at youth.
This interactive unit is designed to help kids between the ages of 5 and 8 recognize the marketing techniques used on commercial websites that target children.
In this game, designed for ages 8-10, the CyberPigs play on their favourite website and encounter marketing ploys, spam and a close encounter with a not-too-friendly wolf.
Think you know how to read and understand privacy policies and terms of use? Learn how to make sense of legal documents for websites and apps with this interactive game.


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excellence in student learning
By Tom Rochon
One of my father's favorite expressions is, "Fix the roof while the sun is shining."
I thought often about that advice during the past year as IC faculty, staff, and students worked together to create the strategic vision we call IC 20/20. After all, the sun has long been shining on our roof. IC's academic programs enjoy strong reputations....


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Career Center
Job Seekers, Welcome to CVMUFL Career Center
The job you tried to view is no longer active.
See similar jobs below or perform a new job search.
See similar jobs below or perform a new job search.
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2,917 'associate OR veterinarian OR maple OR valley OR wa OR STATECODE:"WA"' Jobs
Bellingham, Washington
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The Instructor
Label: Bonzai Basiks
Release date: 2013-09-09
Catalog number: BB2013107
Long time Spanish DJ and producer Jonathan Calvo debuts on Basiks with a stunning tech house fuelled package. Jonathan has been a DJ for more than 20 years and recently he has used this extensive experience to enter the world of production. He has seen many releases since 2011 on labels like Ambiosphere Recordings, White Island Recordings, New Era Recordings and many more. Here he delivers two tracks backed up with quality remixes.
The Original Mix of "The Intstructor" is a powerful tech house stomper, heavy kicks are accompanied with a deep throbbing bassline and steady rhythmic percussions. The overall sound is quite minimal but packs a massive punch, throughout the track a cool vocal sample subtly delivers a narrative to the vibe, top stuff.
The Club Mix delivers more of the same tech vibes but with a deeper house twist due to the synth chords coming through, perfect for a deep set on any floor.
Argentina born Martin Lacroix is up on remix duty with a superb gritty take on "The Instructor". Now residing in Barcelona this DJ and producer has seen releases on many labels over the years and currently DJ's at top venues around Barcelona. The track intros with a sort of metallic feel as the synths punch out their groove. Tough beats are matched well with cool percussions and deep basses. The vocal is much more prominent here as it gets beefed up to become the main feature of the track.
Jonathan's next track is "Sai Baba", the intro puts us right into a solid groove with a thumping kick and crisp percussion combo. The tech vibes begin to flow when the super low end bass kicks in with a very subtle synth coming through in the background. A relentless and infectious groove ensues which would be a perfect addition to any set list.
Barcelona based production duo Endika & Sesk make up the project Krusound and here they deliver a superb tech filled house remix on "Sai Baba". The intro gets the rhythm flowing early on and soon a deep throbbing bassline takes over the sound with cool synths and vocals adding to the dynamic vibe. Another fine addition to this pack and a must for the deeper floors out there.


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13 March 2013 | News | By BioSpectrum Bureau
Singapore: A study conducted by a transnational research team at the National Cheng Kung University (NCKU), Taiwan, has found the mechanisms of aging that are associated with nuclear pore complexes (NPCs). The groundbreaking study was carried out by NCKU together with University of Alberta, Canada; and Institute for Systems Biology (ISB), US, and has been published in the February 28, 2013, issue of the journal, Cell.
The team, which was led by Dr Jung-Hsien Chiang from the Department of Computer Science and Information Engineering, found that NPCs are an active participant in gene silencing and the formation of peripheral heterochromatin, which is one of the factors that lead to aging.
The paper titled, 'A role for the nucleoporin Nup170p in chromatin structure and gene silencing', draws a clear picture that the role of yeast NPC protein Nup170p in subtelomeric gene silencing is linked to its association with the chromatin-remodeling complex. The team also successfully illustrated that the Nup170p with regions of the genome that contain ribosomal protein and subtelomeric genes, functioned as a repressor of transcription.
In the study, University of Alberta was responsible for cell biology; ISB took care of the gene expression profiling; and NCKU focused on bioinformatics computing. Dr Chiang's team in NCKU handled data retrieving from the research and systematical computation provided by NCKU, which helped in deciphering the mystery of aging.
Dr Chiang said, "Our team has uncovered that the binding of Nup170p to subtelomeric chromatin is cooperative and necessary for the association of telomeres with the nuclear envelope, which is a comprehensive roadmap to explain that Nup170p plays a physiological role at telomeres. This is the first time that we unveil functional interactions between Nup170p and chromatin domains that generally reside adjacent to the nuclear envelope, including subtelomeric and telomeric regions."


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Direkter Kontakt für Lindab Produkte und Systeme in Ihrem Land (Landessprache)
Bilder 1/2
The air duct delivery to IKEA in Prague is just one of several deliveries to IKEA warehouses throughout Europe. The ventilation system for this Czech facility was originally designed as a Lindab Vent system, i.e. with fittings without rubber gaskets. Lindab convinced both IKEA and Luvex that using Lindab Safe would result in a ventilation system with superior tightness and energy efficiency. The Lindab Safe delivery to the 44,000 m2 warehouse provides just that.
Skandinávská 131/1
Praha 5-Trebonice
Czech Republic


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On our way to the city of Zarqa, the stronghold of the Jihadist Salafist movement in Jordan, we were stopped by two Jihadists. Then we were transferred in one of their vehicles to the birthplace of the leader of al-Qaeda in Mesopotamia, Ahmed Fadel Khalayleh, also known as "Abu Musab al-Zarqawi," who was killed in Iraq in 2006.
The driver of the vehicle, with a large beard and a short Afghan gown that evening, was focused on a CD that he held between his hands. The volume was gradually increasing, until we were capable of clearly understanding the speeches of late al-Qaeda leader Osama bin Laden. There were also some revolutionary songs, which included sentences such as: "I am a terrorist... I gaze at the hills of Hattin [site of the battle where Saladin decisively defeated a Crusader army]... I am a terrorist, and I terrorize the enemies of religion."
The vehicle headed toward the slum where the sister of "Abu Musab" lives. A couple of months ago, her son Mohammed Fawzi al-Harahsheh joined al-Qaeda fighters in Yemen. His family recently announced that he fatally succumbed to shrapnel in a raid carried out last week against an al-Qaeda stronghold in the region of Abyen.
Entering that impoverished neighborhood, you can see Zarqawi's house, built from brick and concrete blocks. You can see the houses of his brothers and his close associates, as well as the small mosque that he used to attend.
As for the house of his sister, who is proud of her son's "martyrdom,"as she put it, is located in a narrow alley surrounded by the doors of poor houses.
Inside the house, people are still shocked and confused. However, they are proud that Mohammad moved to a "high level in Paradise."
Harahsheh is from the clan of Bani Hassan, the biggest in Jordan. Jordanian police chased him several months ago for being involved in the Zarqa events of April 2011, which led to clashes between the Jihadists and the security forces. More than 150 Salafists were arrested as a result, but were later released.
Immigration to Yemen
According to Salafist jihadist sources, Harahsheh — who was the father of two children and a vegetable seller in the central market of Amman — managed to infiltrate his way into Yemen. His goal was to fight alongside his "brothers" against US bases, as well as Yemeni military elements and Yemen's new government.
"Abu Hammam" was greatly influenced by al-Qaeda leaders, according to his brother Ali, who gave an interview to Al-Hayat in his house in Zarqa. He was also called little Zarqawi by his brothers, given his close resemblance to his uncle "Abu Musab."
Ali said, "When my uncle traveled to the battlefields, Ahmed was six years old. Before that, he always used to accompany him to the mosque of the neighborhood and throughout all of his visits here."
He continued, "He was always convinced of the necessity of Jihad. One day, he told me that he was deeply saddened by the situation in Syria. He wanted to go there to fight the Assad regime, but God chose Yemen for him."
On an old wooden chair, Harahsheh's father took a small picture out of his pocket and contemplated his murdered son. In a small room allocated for visitors, he said, "My son went to fight the infidels and the enemies of religion."
Sources in the Salafist jihadist movement told Al-Hayat that there are Jordanians from the movement fighting in Yemen, Somalia and the Caucasus. Many of the current Jordanian jihadists are those who left Afghanistan following the US occupation. However, the sources did not reveal their number. A leading figure in the movement, Dr. Munif Samara, told Al-Hayat: "Wherever there is Jihad, there are Jordanian fighters. Many of our brothers who left Jordan have become the backbone of the global Jihad against the infidel regimes and the blatant foreign interference in the countries of Islam."
As for the reasons leading Jordanian jihadists to Yemen, Samara confirmed that "moving the headquarters of al-Qaeda to Yemen made the jihadist objective pretty clear. Many Jordanians are fighting for al-Sharia, one of the most prominent arms of al-Qaeda."
Samara reveals the presence of fighters from the Jordanian Salafist Jihadist movement in several regions that are currently witnessing turbulence, confirming that some of them are supporting al-Qaeda in Somalia, Chechnya and the Caucasus.
Abed Shehadeh, a leader of the movement who is also known as "Abu Mohammed al-Tahawi," refused to talk about jihadist elements leaving Jordan "to look for martyrdom." He told Al-Hayat that he "does not answer questions related to security."
However, he stressed the need to participate in what he called the [defensive jihad] in any country, whenever possible.
According to Tahawi, defensive Jihad is called for when "rulers declare the killing of Muslims as lawful and fail to apply Sharia Law." He believes that this type of Jihad is being practiced in Yemen.
Logistically, there is the question of how these jihadists reach the heated regions in a number of countries, especially since many Jordanian jihadists are under house arrest or are being constantly chased by security forces. However, a leading Salafist source confirmed that in the past few years, many young jihadists have accumulated valuable experiences and achieved unlimited technical capabilities, which enables them to reach combat zones without trouble.
This leader said that "there are people specialized in smuggling fighters from one country to another and others in issuing forged travel documents. Our engagement with the international al-Qaeda movement should lead to underground coordination which facilitates the process of passing to and from the hotbeds of Jihad."
The Salafist leader Mohammad Shalabi, also known as Abu Sayyaf, told Al-Hayat that a general preference is emerging in the ranks of al-Qaeda to fight in Yemen instead of Iraq and Syria. This is because of "the clarity of the issue and the strong presence of al-Qaeda supporters in that country."
The Region Instead of Iraq
He stressed that "the Jihadists in Yemen are fighting the US, the Houthis and the regime," adding that the fighting in Yemen has become a legitimate duty that all Muslims have to carry out.
One expert on Islamic groups, Mohammad Abu Rumman, has become absorbed by research on Salafist groups in Jordan. He believes that al-Qaeda in Yemen "has become the region's center instead of Iraq. Yemen's heated regions are now playing an important role in inciting young Salafists who are eager to fight."
He says that "fighting in Yemen, Somalia and the Caucasus is much easier than fighting in Syria. In many of these areas, al-Qaeda is in control on the ground. It has a remarkable presence which allows it to carry out significant operations."
According to Abu Ramman, there is ideological "contradiction" when it comes to the justifications utilized by jihadists in Jordan and in Yemen. While "some jihadist leaders in Jordan refuse to use violence against the state, we find jihadist leaderships in Yemen who justify the targeting of state institutions."
He says that "Jordan is different from Yemen, because the regime here did not use weapons against Muslims. Our limited capacity in countries where defensive jihad is practiced, makes us carefully consider any position we take."
However, Abu Ramman is confident that those who leave Jordan to fight in Yemen and other countries do not represent the core of Mohammed Issam Barqawi's ideas. Barqawi calls for peaceful actions. He sees these fighters as advocates of Zarqawi's movement. They strictly adhere to violence as a means to achieve their objectives within Arab societies.
Palestinians Fleeing Syria Under House Arrest
In Ramtha, a Jordanian city close to the Syrian border, behind high walls surrounded with barbed wire, local authorities are in the process of building a "special type" of camp for refugees fleeing the Syrian regime's crackdown. Inside this camp, Palestinians who hold Syrian papers are kept under house arrest, deprived of their basic human rights. The Palestinians describe the camp as a "prison" surrounded by dozens of policemen armed with batons and light weapons.
A tortuous and bumpy road led us to the camp's back gates. Access through the main road was risky; approaching the camp was prohibited by the local authorities which had designated it "a security zone."
All of our attempts to enter the camp to listen to the refugees' complaints and shed light on their suffering failed. Security forces holding batons and threatening to use tear gas prevented us from getting near the site.
The tragic scene of the walls and barbed wire surrounding the camp reflects the dramatic conditions of the refugees imprisoned inside.
The children's screams and the cry of men and women from behind the windows begging for help disturbed the silence of the site. This was another miserable scene of the hundreds of Palestinians who have entered Jordan to escape the Syrian regime's crackdown on Syrian cities.
There are conflicting reports on the number of Palestinians holding Syrian papers who fled to Jordan. The Jordanian Government refused to provide any accurate figure. However, certain humanitarian organizations said the Palestinian refugees in Jordan number 300. According to another organization 600 refugees were transferred to the camp of "Cyber City" which was established on the outskirts of Ramtha, away from populated areas.
This camp was once a residential complex for Asian workers who worked in industrial cities in the Jordanian north. However, following a Human Rights Watch investigation into the site's "unacceptable" conditions, the Jordanian government evicted the complex.
Many refugees told Al-Hayat how they fled to the camps at Yamrouk and Deraa in Syria where they were "illegally arrested" within residential areas. They also talked about the makeshift tents provided to them by the UN Relief and Works Agency (UNRWA) in "Cyber City."
Some refugees were able to smuggle cell phones into the camp. Countless text messages were sent to recipients outside describing their grievances. Palestinian refugees were banned from leaving the camp during their stay in Jordan. They were not treated equally when compared to their Syrian refugee counterparts. The sick and wounded Palestinian refugees were prevented from receiving treatment and were only provided with one meal a day. It must be noted that all of these meals were handed out at UNRWA's expense.
Ahmed, a 30-year-old Palestinian refugee coming from the Palestinian refugee camp at Deraa told Al-Hayat how he crossed the Syrian-Jordanian border. "The sound of explosions and bullets fired by the regime's guns to prevent refugees from crossing the border were deafening. We fled to Jordan, escaping a nightmare. However, we were surprised by the Jordanian government's decision to detain us in the so-called 'Cyber City' because we are Palestinians!"
Ahmed spoke about a "sense of oppression." "In Syria, we were killed and bombed. In Jordan, we are deprived. We have been denied medical treatment, food and water. There is no life within the walls of this dreary camp," he added.
Samer, 27, is Ahmed's friend. He spends his days in his small room inside the Jordanian camp. Samer has been begging camp officials to take him to the hospital to treat the shrapnel wounds in his hand which he blames on "Assad's Shabiha" thugs.
"My brother and I were returning home after a long, hard day at the construction site. My brother was shot in the right thigh," said Samer. "When I arrived in Jordan, I was carried on people's shoulders. When we arrived to the city of Ramtha I was given first aid. Afterwards, some security personnel transferred us to the Palestinian camp," he added.
According to the Jordanian writer Yasser Abu Hilala of Al-Ghad newspaper, "heinous crimes are being committed by the security forces against the Palestinian refugees coming from Syria."
Samer added that "an evil spirit controls the Jordanian Government and it has no qualms about showing hostility towards Palestinians. Palestinians should at least be treated like Egyptians or Filipino workers, who enter the country without any constraints."
However, a well-informed source within the Jordanian decision-making structure told Al-Hayat that some security officials are warning of a massive exodus of Palestinians from Syria into Jordan. "Over the past few days, the Kingdom has received hundreds of Palestinians refugees. We fear that a large influx of those will continue to pour into Jordan," said a security source.
According to the same source, the Jordanian situation cannot cope with additional numbers of Palestinians. Authorities fear that Jordan will become an alternative home for the Palestinians especially seen as half of the Jordanian population is of Palestinian origin. A prominent Jordanian official, who spoke on condition of anonymity, said, "the Kingdom is restricting the entry of Palestinians refugees coming from Syria, as it fears that they will spread throughout the country."
However, Samih Moaytah, the spokesman of the Jordanian government said that "the Jordanian state is providing the necessary services to all refugees fleeing Syria, regardless of their nationality." In a statement to Al-Hayat, Moaytah denied "any hostility toward Palestinians from Syria," confirming that the government "is providing help to all refugees, within its capabilities." However, he added that "the large influx of Palestinian refugees flowing into the Kingdom of Jordan makes it imperative for the Government to take certain actions (…)"
Moaytah said that the number of Palestinian refugees holding Syrian ID papers numbers between 500 and 600. He also pointed out that, according to official government data, the number of Syrian refugees who fled to Jordan since the beginning of the revolution has reached 150,000. The Kingdom has welcomed the refugees and left them under the care of the humanitarian organizations.
It should be noted that over the past period, the Kingdom of Jordan has received large numbers of Syrian refugees. Some Syrians have entered the Kingdom legally. However, the majority of them have done so illegally — especially those who defected from the Syrian army.
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I noticed some similarities between wumedical's anecdotal SCI neural stem cell treatment case, Asteria's prelim cervical AST-OPC1 reports and reports about use of 4-AP (4-Aminopyridine), a potassium channel blocker. They all appear to target demyelinated axons with poor conduction, a consequence of SCI. Asteria even mentions the target of their AST-OPC1 stem cells is demyelinated axons.
So I got 4-AP compounded and tested it at 10mg x 4 times a day dose (later went down to 5mg 4x a day due to nausea), after which, as a C4-incomplete I noticed:
- greatly reduced spasticity allowing noticably faster heel-to-toe walking
- sweating for the first time down my back -> a marked improvement in sensation
- increased firmess through the core
- better hand dexterity and alleviation of shoulder tightness/pain
These are similar benefits to what wumedical stories say.
I've then concluded then that anybody contemplating stem cell therapy should consider trying 4-AP first to gauge how much remyelination potential exists, along with functional gains obtained. 4-AP is a lot cheaper than say the US$25k Wumedical stem cell therapy though of course when you're not on it, the benefit is gone.
Asteria's AST-OPC1 stem cell treatment above and below the injury site is about as good as it gets. Though that's still at a clinical trial phase .
4-AP or even better 4-AP-3-MeOH support references
Where to buy 4-AP or the even better 4-AP-3-MeOH?
4-AP is available from your local compounding pharmacy with a prescription. Looking at 5mg every 2-4 hours dosage. I found 10mg in such doses caused nausea. In Australia, I was paying AU$100 for 100 tablets. A bit expensive for what used to be a bird repellent, so I found a significantly cheaper source that even stocks the better 4-AP-3-MeOH, though that form costs 3.33 times more than 4-AP.
I'm yet to try 4-AP-3-MeOH but the "requires 1/10 dose of 4-AP" literature of Dr. Shi is attracting me to do so.


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The Blacklist is moving to Fridays with a bang this January. NBC announced that the James Spader-led action drama's sixth season will premiere Friday, Jan. 4 with a two-hour special.
Following the Season 5 finale's shocking revelation that Raymond "Red" Reddington (Spader) isn't the real Red Reddington, Elizabeth Keen (Megan Boone) is torn between the relationship she's developed with the man she believed to be her father and her desire to get to the bottom of his years of secrets and lies. Meanwhile, Red leads Liz and the FBI to some of the most strange and dangerous Blacklist criminals yet, growing his empire and eliminating rivals in the process. All throughout, Liz and Red engage in an uneasy cat-and-mouse game in which lines will be crossed and the truth will be revealed.
The Blacklist premieres Friday, Jan. 4 at 8/7c on NBC. Subsequent episodes will air at 9/8c. Seasons 1-5 are available to stream on Netflix.
PHOTOS: The Best Netflix Shows to Binge in a WeekJames Spader, The Blacklist" data-image-credit="NBC, Will Hart/NBC" data-image-alt-text="�James Spader, The Blacklist" data-image-credit-url="" data-image-target-url="http://www.tvguide.com/galleries/best-netflix-shows-to-binge-in-a-week/" data-image-title="�James Spader, The Blacklist" data-image-filename="181109-the-blacklist.jpg" data-image-date-created="2018/11/09" data-image-crop="" data-image-crop-gravity="" data-image-aspect-ratio="" data-image-height="690" data-image-width="1035" data-image-do-not-crop="" data-image-do-not-resize="" data-image-watermark="" data-lightbox="">
Other Links From TVGuide.com The BlacklistJames SpaderMegan Boone


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Women's and Gender Studies is an interdisciplinary program that encourages the development of critical perspectives in both intellectual and activist contexts. Women's and Gender Studies teaches students to re-examine traditional beliefs and to recognize that gender, race, class, ethnicity, age, sexuality, and nationality are crucial aspects of identity and can be understood primarily in their intersections. The program offers a Major, a Minor, an Honors track, and a Graduate Certificate.
Make Women's and Gender Studies a part of your Immersion Experience