text:
Arlington, Texas - The Texas Rangers selected right-handed pitcher Luis Ortiz with the 30th overall pick in the 2014 Major League Baseball First-Year Player Draft.
The 6-foot-3, 220-pound right-hander attended Sanger (Calif.) High School, where he was named all-league after his senior season. He went 5-3 with a 1.04 ERA and 72 strikeouts against just 7 walks in 43.2 innings this year. He was named World Cup MVP after serving as closer for the gold medal-winning 18-and-under USA Baseball national team, earning a win and 3 saves in 5 appearances for that squad. Ortiz was rated as the 28th-best prospect by Baseball America, and was listed as the 14th-best right-handed pitcher by that publication. MLB.com rated him as its 24th-best overall prospect. He has committed to Fresno State University.
The Rangers gave up their original first round pick with the signing of free agent Shin-Soo Choo, and were awarded the 30th overall selection as compensation for the Orioles' signing of free agent Nelson Cruz.
Texas will also have the 59th overall pick in the draft's second round, which will take place later tonight.

subset: commoncrawl


text:
It was considered one of the key achievements of President Obama's first term.
Now the hunting and killing of Osama bin Laden is the basis for one of the most fancied movies of the 2013 awards season. The relationship between Washington and Hollywood is closer and more controversial than ever. And Kathryn Bigelow's Zero Dark Thirty is proving difficult to divide from the political weather system brewing around it.
The movie follows the 10-year trail of intelligence work that led from 9/11 to bin Laden's death.
The film-makers claim it is all based on fact, down to the details of the Pakistani art that graced the walls of the al-Qaeda leader's compound.
Bigelow and screenwriter Mark Boal were granted access to sources within the CIA, the Pentagon, the Navy Seals and the White House. Among them was the dogged CIA agent who appears in the film as Maya, played by Jessica Chastain.
As the extent of this co-operation became apparent, Republicans feared a propaganda coup for the Democrat President who'd ordered the 12.30am raid from which the film takes its title.
The Republican chairman of the House homeland security committee demanded an investigation into whether Bigelow and Boal had been privy to classified information.
Documents released this year reveal they never had such access. However, the film-makers were granted a number of meetings with high-level officials, including CIA deputy director Michael Morell.
The film has already picked up several awards for best picture from critics' groups, not to mention four Golden Globe nominations. But in among the good reviews are the gory details: Zero Dark Thirty begins with graphic scenes of a detainee being waterboarded and otherwise inhumanely treated. A morsel of information that he provides to his US interrogator is depicted as a potentially significant part of the intelligence picture that led to bin Laden.
So does the film somehow endorse torture, or does it just demonstrate the moral cost of the mission? Does the minuteness of that morsel gleaned from the victim suggest such tactics were worthwhile?
Or is Zero Dark Thirty simply, as Bigelow and Boal suggest, journalistically detached? The film doesn't have an agenda, the director told The New Yorker, and it doesn't judge.
That's not what the reviewers think. David Edelstein, film critic of New York magazine, has named Zero Dark Thirty his film of the year, yet also claims it borders on the politically and morally reprehensible.
"I'm betting that Dick Cheney will love the new movie," wrote Frank Bruni, in a column for the New York Times, recalling the former vice-president who helped to coin the phrase "enhanced interrogation".
Boal rejected their suggestions, saying, "The movie has been, and probably will continue to be, put in political boxes. Before we even wrote it, it was [branded] an Obama campaign commercial, which was preposterous. And now it's pro-torture, which is preposterous."
But Steven Gaydos, executive editor of Variety, argues: Zero Dark Thirty is honest about the usage of these tactics. But it's neutral. And there are people who will say, 'We can't be neutral about torturing people; it doesn't work, and an artist should take a stance against it'."
At least the charge that the film is an Obama campaign commercial is demonstrably unsubstantiated.
Obama himself barely features and, writes Peter Bergen, CNN's national security analyst and one of the few Western journalists to have interviewed bin Laden, "the one time the President does appear is in a clip from a 60 Minutes interview in which he criticises the use of torture".
By this point in the film, the audience has already seen that the CIA has employed coercive interrogation techniques on an al-Qaeda detainee that produced a key lead in the hunt for bin Laden. In the film, Obama's opposition to torture comes off as wrongheaded and prissy.
Elsewhere in Zero Dark Thirty, the President's caution is implicitly criticised, as he demands confirmation and further intelligence to prove that the Abbottabad compound's occupant is really the al-Qaeda mastermind. It took Obama nine months to order the raid from the moment bin Laden's location was first identified, much to the frustration of Maya, who is told by a White House adviser, by way of explanation: "The President is a thoughtful, analytical guy."
The film was delayed until after the election after howls of dismay from Republican Party lawmakers, who presumed it would be a campaign boost for their opponent. Its release has been called off indefinitely in some Middle Eastern countries, such as Lebanon and Qatar, for fear of inflaming local tensions.
Hollywood, it appears, remains convinced of its ability to alter the political landscape.
Steven Spielberg's Lincoln, another Oscar contender, was also said to have been postponed so as not to affect the election. Its depiction of the 16th President's fight to pass the 13th Amendment, ending slavery, was compared by some to Obama's battle on behalf of universal healthcare.
Zero Dark Thirty might have been a different movie altogether: when bin Laden was killed, Bigelow and Boal had already spent three years developing a script about the failure to find him. They scrapped the project, and started over.
- Independent
*Zero Dark Thirty opens in cinemas here on January 31.


text:
Logwood + Tannin mixture + Iron
%100 Rayon
Diamond Dress
The Diamond dress is such a beautiful and flattering cut!
The reason it is called the diamond dress is because the angle of the main pieces of the dress attaches at a right angle (diamond top) in the middle of the back, and wraps to the front bust.
There are pockets and the piece is open and flows nicely.
This is not a traditional dress, it is somewhere between a sewn wrap, kimono, and robe-- serious goddess gear.
%100 Rayon - a soft and light flowing weave
One Size fits All


text: Retrospect Group FACE WITH BIRDS Ceramic 11 Ounce Mug (MUG078) is dishwasher safe and Prop 65 compliant. The black handle and black rim give this mug a uniquely modern look. Any of our witty and artful 11 oz. ceramic mugs will make a fantastic companion for your desk or kitchen. Also makes for a fun gift for those creative and wordy people in your life! With beautiful imagery over gleaming white ceramic, this collection makes a great impression at every party.


text:
Welcome to Asshole Coach Digest, where we regale you Deadspin folk with stories of the meanest, cruelest, most batshit insane coaches you ever had. Email me your asshole coach story here.
Sweep the hand.
So when I was on the freshmen football team in HS, we had a scrimmage with another freshmen team that was really good.
We had 2 "coaches" who were former "greats" turned college-dropout juicehead assholes who would come to our practices as unpaid assistant coaches only to find them using it as an excuse to flirt with cheerleaders 10 years younger than them.
Anyways, the team we scrimmaged had some stand-out future D1 nose tackle whose father played at USC or something and, given this was only freshmen year, this kid was a beast. He was stuffing runs, getting ridiculous numbers of sacks, etc and he was HUGE to boot.
Obviously, our two brilliant coaches didn't like us being embarrassed on our home field during a scrimmage and decided to put an end to this kid's game and possibly his career. Maybe they were jealous of his potential or maybe they just wanted to see someone cry, but they were sure going to get their way that day.
So they grab two of our bigger lineman and devise an ingenious plan in which one of them chop blocks the kid and while the kid is on the ground, the other TO STOMP ON HIS HAND AS HARD AS HE CAN.
I don't remember exactly when it happened, but I do remember hearing the blood curling scream of the kid as 11 bones shattered in his hand. I'll never forget the sight of this beast of a kid being helped off the field holding the mangled remains of his hand as the two coaches snickered in amusement and patted themselves on the back for a job well done. I heard later that the kid had permanent damage in his hand and was never able to play football again. Excellent job, coaches.
Surely there's an Urban Dictionary term for this.
The two most successful D-III hockey coaches of the last 20 years, who coach at colleges 70 miles apart in Vermont, have had a personal feud that goes back almost 40 years to their time at UNH. The story is that Mike McShane, who was and is known as a bit of a cocksucker, decided to prank the newest hotshot member of the '70-'71 Wildcat hockey team, a sophomore (remember, this was when freshman weren't allowed to play varsity) named Bill Beaney.
Instead of the regular hazing rituals, such as itch powder in the jock or tape on the bottom of the skate blades, McShane decided to leave a particularly nefarious and highly unsanitary joke; he took a shit in Beaney's skates. The next day at practice Beaney loaded his bare toes into the front of his skate, only to have his digits greeted by the stinky deposit, and a Duellists-level obsession began.
To this day, through something like 70 matches against each other over the years, they continue to skip the customary post-game hand shake.
I was playing on a Babe Ruth League (13-15 year olds) team in the L.A. area. One of our assistant coaches was a typical Southern California, mid-1980s burnout type–about 30, tall and skinny, with long, dirty blond hair and a thin beard. He always wore sunglasses and always seemed stoned (he probably was) - sort of a skinny, less charismatic Jeffrey Lebowski.
Kevin and I were the main pitchers on the team and were taking turns throwing off the mound during pre-season practice one Saturday morning while the coach gave us pointers. Kevin was a real smartass, punk teenager and didn't respect the coach. After the coach gave him some advice Kevin muttered, "Whatever, you dumb hippie" under his breath. The coach heard it and called him on it. Kevin didn't back down though, and got in a full-on argument with the coach and made it clear he didn't respect him, even going so far as to tell the coach he could kick his ass.
The coach told Kevin to shut up because he (coach) was a black belt in karate, to which Kevin replied, "like hell you are." After a couple second pause, the coach jumped up, did a 360, and kicked Kevin's baseball cap off the top of his head, coming within an inch or two of kicking Kevin's face with his beat up Converse All Star high tops. It was really fucking spectacular and I couldn't believe what I had seen. Kevin and I just stood there for about 10 seconds with stunned looks on our faces, then Kevin picked his cap up off the ground and resumed pitching. Kevin didn't talk shit to the hippie coach after that.
It's Henri, the coach who's going to steal your girlfriend!
This story takes place circa 2004.
One of my teammates in college was dating this girl, and one night they decided to go out for some drinks at a local bar. This girl had some trust/jealousy issues and became very upset that her boyfriend was talking to other girls at the bar. They end up going back to his house where the girlfriend flips out about him talking to these other girls and is later seen outside of the house trying to smash his car windows.
The next day at practice, my teammate is standing in the outfield during batting practice telling everyone about the previous night's festivities. Somewhere during his rant, one of our coaches enters the discussion and proceeds to provide his input. Coach says that he has to get rid of her because you can't be dating a girl that's crazy like that. So my teammate follows our coach's advice and gets rid of her. About three weeks later its rumored that our coach is now dating this girl. It turns out to be true, and here we are six years later and Coach ended up marrying her.
Honestly, what coach steals one of their players' girlfriends?
That reminds me of a story. I once went a school where one of the teachers was confronted by a female student after class. The female student told this teacher, "I love you. I've always loved you." So the teacher said this to her:
"I can't date you while you're a student! Uh… Come back after you graduate."
And she did. And they got married a few years thereafter. These teachers and coaches, they're all underage pussy hounds, I tell you!


text:
Starting over - Vyki Alleman roars back with Rockit Multimedia
It's not often that you find somebody in business having to make a comeback at the tender age of 24, but Vyki Alleman is doing just that.
She made a splash in 2010 as marketing and new media director for start-up Network Centric Solutions in Beaumont. She devised campaigns and a communications strategy that put the company on the map, and co-hosted the weekly BizTech radio show that presented valuable information on a variety of topics, including social media. A string of technical and product issues threw a wrench in the machinery, and NCS shut its doors shortly after founder and CEO Desi Ramsey left the company.
Alleman knew her knowledge and techniques could boost almost any business, so she took a deep breath and founded Rockit Multimedia.
By way of introduction, she offered this: "Your business is your dream. Is your dream getting the exposure it deserves? Rockit Multimedia is a new marketing company with new ideas. We specialize in Web design, social media marketing, video production and search engine optimization."
For business owners who don't want to ask their children about social media, Alleman offers expert advice.
"It's obvious that in today's world, Facebook, Twitter and LinkedIn are where the people are," she commented. "Did you know that people are more likely to follow a brand or company and buy their products and services if their friends are doing the same? Did you know that social media is the most effective form of advertising? Did you know that you can actually track your return on investment and insights with social media?"
For those who query 'Then why do I still need a Web site?,' Alleman has an answer.
"Image is everything. In today's world, a company without a Web site is a company without a face. People are searching for your products or service, and you want to be found. Also, unlike social media profiles, Web sites are fully customizable," she added.
How would a company go about doing that? Alleman is glad you asked.
"Rockit Multimedia is a full-service Internet marketing agency that helps clients succeed online by creating effective online marketing campaigns. Rockit's services start with a proven digital strategy that evolves into a complete solution including creativity, technology and marketing. Rockit works with small to medium sized businesses and brands to create comprehensive, easy to understand, results-driven campaigns. In addition, Rockit offers fully customized and affordable online marketing solutions that you can manage yourself, or we can manage for you so that you focus on your business while we focus on growing your business."
"I moved to Orange from Sorrento, Louisiana about four years ago because I was ready for something different," she recalled. "I halfway expected to eventually move back to Louisiana but this place has become a part of me and I really enjoy living and working here. When I started Rockit Multimedia I briefly thought about establishing my business in Beaumont because it's perhaps more well-known but seeing as I can work from anywhere I realized it wasn't necessary. I see a need for businesses in this area to step into the online and social media marketing arena and I'm really excited that I get to be a part of that."


text: Need to add a clock function to your next Arduino project? This Real Time Clock (RTC) breakout board kit is your answer. Based on a DS1307 RTC and equipped with an onboard battery and crystal, this kit is simple to solder together, works well, and is easy to use thanks to Adafruit's online documentation. It's a great starting point for building your own clock, or even just time-stamping any data your project is gathering.


text:
The District of Columbia government is providing more information to workers about how the administrative expenses of their retirement plans are paid for.
A letter detailing the expenses was sent last week to workers who participate in the district's deferred-compensation plan. It follows an article by The Associated Press that detailed how the government is taking money out of the plan for expenses without telling participants. Some of that money is going to the accounting firm founded by Jeffrey Thompson, who's at the center of a federal corruption probe.
The District's Office of the Chief Financial Officer says it has met all legal requirements for disclosure. But the letter says the office is working to improve transparency and will now post annual reports about the retirement plan on its website.


text:
No. 92,051
1. The determination of whether a statute violates the Constitution is a question of law over which we have unlimited de novo review.
2. The general rule governing the standing of a party to challenge the constitutionality of legislation is that a litigant to whom a statute may constitutionally be applied will not be heard to challenge the statute on the ground that it may conceivably be applied unconstitutionally to others in situations not before the court.
3. An appellate court may not speculate as to what evidence may have existed at the time of the administrative hearing but rather must consider the evidence of record and base its conclusions on facts in the record.
4. Under the facts of this case, K.S.A. 8-1020(g), which limits witnesses at the administrative hearing under the Kansas Implied Consent Law, did not deny the licensee due process of law as applied, where the licensee failed to establish that she was unable to subpoena other relevant witnesses to the hearing. Accordingly, the licensee has no standing to make a facial constitutional attack upon the provisions of K.S.A. 8-1020(g).
Appeal from Riley district court, DAVID L. STUTZMAN, judge. Opinion filed April 29, 2005. Affirmed.
Michael S. Holland II, of Holland and Holland, of Russell, argued the cause, and Michael S. Holland, of the same firm, was on the brief for appellant.
James G. Keller, Kansas Department of Revenue, argued the cause and was on the brief for appellee.
The opinion of the court was delivered by
DAVIS, J.: Aimee Elizabeth Cross was arrested for driving under the influence. Cross agreed to testing and requested an administrative hearing after receiving a notice of suspension. The administrative hearing officer affirmed the suspension, and Cross petitioned the district court for review arguing that K.S.A. 8-1020(g), a limitation on witnesses who may be called for the hearing, denied her due process of law. Cross also contends that the above statute is constitutionally defective on its face. The district court held that Cross was afforded due process in the hearing, denied her claim that K.S.A. 8-1020(g) as applied was unconstitutional, and further held that Cross lacked the standing to facially attack the statute. Cross appealed, and we affirm on our transfer of this case pursuant to K.S.A. 20-3018(c).
On February 15, 2003, Riley County Police Officers Steere and Curtiss were dispatched to a report of a pedestrian vehicle accident and were the first officers to arrive at the scene. Curtiss stayed with the person who had been injured in the accident while Steere spoke with appellant Cross. Officer Asher subsequently arrived at the scene and took witness statements and completed the accident report.
Steere was the first person to speak with Cross and Cross identified herself as the driver of the vehicle. Steere observed the odor of alcoholic beverages coming from Cross, and Cross failed the field sobriety tests Steere administered. Steere observed that Cross had slurred speech, bloodshot eyes, difficulty in communicating, and poor balance or coordination. Cross told Steere that she had drunk a few alcoholic beverages. Steere relied solely upon his own observations and conversation with Cross in determining that he had reasonable grounds to ask her to submit to an evidentiary breath test.
Officer Steere placed Cross under arrest for driving under the influence and transported her to the Law Enforcement Center. Cross consented to a breath test which showed a blood alcohol concentration of .158. Steere completed an officer's certification and notice of suspension, commonly referred to as a DC-27 form, and personally served it upon Cross. Steere was the only officer to complete and sign the form.
On February 17, 2003, Cross requested an administrative hearing, asking that subpoenas duces tecum be issued "for any and all officers who signed or initialed the Law Enforcement Officers' Certification, Form DC-27, to appear and testify." Steere was the only witness subpoenaed to the hearing, which was held on July 18, 2003. No transcript of the hearing is in the record on appeal, making it difficult to determine precisely what arguments were raised. Relevant to this appeal, the hearing notes provided: "Other issues raised: DC-27 not properly completed since other off on paperwork. [sic]" The hearing officer affirmed the administrative action to suspend Cross' driving privileges.
On July 25, 2003, Cross timely filed a petition for review in the Riley County District Court. The petition sought review of all issues raised at the hearing, specifically: "That the order suspending plaintiff's driving privileges should be vacated by this Court because the officer did not properly complete the law enforcement officer's certification; the officer lacked probable cause to arrest; [and] the officer failed to follow KDHE [Kansas Department of Health and Environment] protocol regarding breath testing."
On December 5, 2003, a trial de novo was conducted on the petition. Officer Steere was the only witness to testify at the hearing and was examined by both parties. Afterward, the district court heard substantial oral argument wherein Cross' counsel identified the sole issue as whether the certification was improper because the other officers did not sign the certification and her due process rights were violated. Counsel argued the 2001 amendments that limit the witnesses that can be called at the administrative hearing violates due process both on its face and as applied to Cross' case.
Counsel for the Kansas Department of Revenue (department) responded that Cross was not denied due process under the facts of this case because she had admitted in the request for admissions that reasonable grounds existed for the officer to believe she was driving under the influence. Additionally, Steere was the only officer to conduct the DUI investigation, he signed the certification, and he was subject to examination at the hearing. The district court took the matter under advisement.
The order on petition for review identified the two issues raised by Cross: "(1) that the 'Officer's Certification and Notice of Suspension' (hereafter 'DC-27') was improperly completed because it was signed by only one officer involved in the arrest process; and (2) that Petitioner was denied due process by the single signature on the DC-27." In denying the petition to set aside the suspension of Cross' driving privileges, the district court reasoned in relevant part:
"The facts of this case offer no support for Petitioner's due process argument. Officer Steere testified that he gathered all of the information upon which he relied, without information from or reliance on other officers. He administered the testing referred to on the DC-27 and signed and served that certification on Petitioner. He was, therefore, subject to subpoena for the administrative hearing. The right to call Officer Steere to the administrative hearing afforded Petitioner the opportunity to confront and cross-examine the person who made the observations and assessments and gave her the breath test. Multiple officers were not involved with her part of the case. The Court has no reason, therefore, to address the constitutionality of the witness limitations of K.S.A. 8-1020(g). Based on the evidence, the challenge to the completion of the DC-27 must also fail, as the certification was completed by the single officer who investigated the facts and drew the conclusions upon which the suspension rested."
On appeal, Cross attacks the constitutionality of K.S.A. 8-1020(g), a provision which was enacted by the Kansas Legislature in 2001 as part of significant amendments to the Kansas Implied Consent Law. Before addressing Cross' arguments, it is helpful to first review how these amendments changed the Kansas Implied Consent Law.
2001 Implied Consent Law
K.S.A. 8-1001(b)(1) and (2) provide that if the officer has reasonable grounds to believe the person was operating or attempting to operate a vehicle while under the influence of alcohol or drugs and the person has been arrested or taken into custody in relation thereto or the person was involved in a vehicle accident or collision resulting in property damage, personal injury, or death, then the officer shall request the person to submit to a test. The officer directing administration of the test(s) may act on personal knowledge or on the basis of the collective information available to law enforcement officers involved in the accident investigation or arrest.
If the test is failed, a law enforcement certification must be prepared and signed by one or more officers to certify that reasonable grounds existed to believe the person was operating a vehicle under the influence of alcohol or drugs; the person had been placed under arrest, was in custody, or had been involved in a vehicle accident; a law enforcement officer had presented the person with the oral and written notice required by K.S.A. 8-1001; and the result of the test showed that the person had an alcohol concentration of .08 or greater in such person's blood or breath. K.S.A. 8-1002(a)(2).
"[C]ertification shall be complete upon signing, and no additional acts of oath, affirmation, acknowledgment or proof of execution shall be required. The signed certification or a copy or photostatic reproduction thereof shall be admissible in evidence in all proceedings brought pursuant to this act, and receipt of any such certification, copy or reproduction shall accord the department authority to proceed as set forth herein." K.S.A. 8-1002(b).
When a test failure is established while the person is still in custody, the officer shall serve the licensee a DC-27 form. In addition to the requirements of (a)(2), the form must include the following information: The person's name, driver's license number, and current address; the reason and statutory grounds for the suspension; the date notice is being served and a statement that the effective date of the suspension shall be the 30th calendar day after the date of service; the right of the person to request an administrative hearing; and the procedure the person must follow to request an administrative hearing. K.S.A. 8-1002(d). A copy of this form is forwarded to the division, which will review the certification to ensure that all requirements were met. If so, it will suspend the licensee's driving privileges in accordance with the notice of suspension already served. K.S.A. 8-1002(e), (f).
If the licensee fails the test, the officer shall take his or her driver's license and issue a 30-day temporary license. K.S.A. 8-1002(e). Upon receipt of the officer's certification and notice of suspension, the licensee has 10 days (13 if served by mail) to request an administrative hearing, which will keep the temporary license active until 30 days after the hearing. K.S.A. 8-1020(a), (b).
K.S.A. 8-1020 governs the requirements and procedures of the administrative hearing. Except for a hearing conducted by telephone or video, the hearing shall be conducted in the county where the arrest occurred or a county adjacent thereto. K.S.A. 8-1020(d). Relevant to this case, if the officer certifies that the licensee failed the breath test, the scope of the hearing is limited to whether the officer had reasonable grounds to believe the person was operating a vehicle while under the influence of alcohol or drugs; the licensee was in custody or arrested for an alcohol or drug-related offense or was involved in a vehicle accident or collision resulting in property damage, personal injury, or death; a law enforcement officer had presented the person with the oral and written notice required by K.S.A. 8-1001; the testing equipment used was certified by the Kansas Department of Health and Environment; the person who operated the testing equipment was certified by the Kansas Department of Health and Environment; the testing procedures used substantially complied with the procedures set out by the Kansas Department of Health and Environment; the test result determined that the licensee had an alcohol concentration of .08 or greater in such person's breath; and the licensee was operating or attempting to operate a vehicle. K.S.A. 8-1020(h)(2)(A-H).
Subsections (e) and (l) limit the evidence at the hearing to the officer's certification and notice of suspension, the test results, an affidavit showing the certification of the officer and the instrument, the KDHE testing protocol checklist, testimony of the licensee, testimony of any certifying officer, testimony of any witness present at the time of the issuance of the certification called by the licensee, affidavits submitted from other witnesses, testimony regarding the existence of a relevant medical condition, and any video or audio tapes of the events at issue. K.S.A. 8-1020(e), (l). Subsection (g), the subject of this appeal, limits the witnesses at the hearing to any officer who signed the certification form and to one other witness that was present at the issuance of the certification.
At the administrative hearing, the licensee has the burden of proof by a preponderance of the evidence to show the facts set out in the officer's certification are false or insufficient and that the order suspending or restricting the driving privileges should be dismissed. K.S.A. 8-1020(k).
If the suspension or restriction is affirmed by the hearing officer, the suspension or restriction shall begin 30 days later unless the licensee petitions the district court for a trial de novo, in which case, the temporary license is again extended throughout the appeal process. K.S.A. 8-1020(m), (o). Upon petition for review to the district court, the licensee is entitled to a trial de novo and the evidentiary restrictions of subsection (l) are inapplicable. K.S.A. 8-1020(p).
Constitutionality of K.S.A. 8-1020(g)
The determination of whether a statute violates the Constitution is a question of law over which we have unlimited review. Mudd v. Neosho Memorial Regional Med. Center, 275 Kan. 187, 197, 62 P.3d 236 (2003).
As noted above, K.S.A. 8-1020(g) sets forth what witnesses may be called at the administrative hearing:
"Witnesses at the hearing shall be limited to the licensee, to any law enforcement officer who signed the certification form and to one other witness who was present at the time of the issuance of the certification and called by the licensee. The presence of the certifying officer or officers shall not be required, unless requested by the licensee at the time of making the request for the hearing. The examination of a law enforcement officer shall be restricted to the factual circumstances relied upon in the officer's certification."
Cross argues the above statute is unconstitutional on its face and as applied. Cross contends it is unconstitutional on its face because K.S.A. 8-1020 prevents the subpoenaing of other relevant witnesses to the administrative hearing. Cross attacks the statute as applied to her, claiming that she was denied due process because she was unable to subpoena other relevant witnesses to her administrative hearing.
We address Cross' second argument first, for if she is unable to establish that the statute as applied to her violated her due process rights during the administrative hearing, she would have no standing for a facial attack on the constitutionality of K.S.A. 8-1020(g). In Ulster County Court v. Allen, 442 U.S. 140, 154-55, 60 L. Ed. 2d 777, 99 S. Ct. 2213 (1979), the United States Supreme Court affirmed this principle:
"A party has standing to challenge constitutionality of a statute only insofar as it has an adverse impact on his own rights. As a general rule, if there is no constitutional defect in the application of statute to a litigant, he does not have standing to argue that it would be unconstitutional if applied to third parties in hypothetical situations."
This court has also adopted the same principle:
"The general rule governing the standing of a party to challenge the constitutionality of legislation is that a litigant to whom a statute may constitutionally be applied will not be heard to challenge the statute on the ground that it may conceivably be applied unconstitutionally to others, in situations not before the court. [Citation omitted.]" State v. Thompson, 237 Kan. 562, 563, 701 P.2d 694 (1985).
Cross argues that K.S.A. 8-1020(g) was unconstitutional as applied. She argues her due process rights were violated because she was unable to subpoena "other relevant witnesses" to testify at the hearing regarding her driver's license suspension. Cross does not proffer the substance of the testimony she expected from other witnesses but claims such evidence would be relevant to establish whether reasonable grounds existed to request testing in her case. Cross relies primarily upon Wulfkuhle v. Kansas Dept. of Revenue, 234 Kan. 241, 671 P.2d 547 (1983), and Carson v. Division of Vehicles, 237 Kan. 166, 699 P.2d 447 (1985), in support of her argument.
We note at the outset that the Kansas Implied Consent Law in effect during those cases is different from the current law discussed above. In Wulfkuhle, the applicable statutes were K.S.A. 1981 Supp. 8-1001, which required the arresting officer to make a "sworn report of the refusal," and K.S.A. 8-255 (Weeks), which granted the director the discretion to "issue subpoenas for the attendance of witnesses." Like the current law, the 1981 version of the implied consent law provided the opportunity for an administrative hearing prior to the suspension of driving privileges. K.S.A. 1981 Supp. 8-1001(c).
In Wulfkuhle, the department declined the licensee's request to subpoena the arresting officer and the notary public who signed the officer's refusal report to appear at the hearing. The licensee appealed to the district court, contending the department's refusal violated his constitutional right to examine his accuser and was arbitrary, capricious, and without legal authority. The licensee did not ask the judge to subpoena the arresting officer or notary public for purposes of the trial de novo and did not raise any underlying factual issues. The district court granted summary judgment in favor of the department, finding the licensee could not mount a collateral attack on the procedures utilized in the administrative hearing where he had an opportunity to appeal to the district court for a trial de novo on the issue of the reasonableness of his refusal to submit to a test. At this time, the sole issue to be decided at the administrative hearing and the district court hearing was the reasonableness of the failure to submit to a test.
This court reversed on appeal, finding the department was required to issue subpoenas when requested by the licensee to compel the arresting officer, notary public, and other relevant witnesses to appear at a hearing conducted under K.S.A. 8-255(b) (Weeks) to establish that the chemical test refusal report was sworn to as required by K.S.A. 1981 Supp. 8-1001 or to be examined concerning the reasonableness of the licensee's refusal to submit to the test. 234 Kan. at 243-49. The court reasoned that K.S.A. 1981 Supp. 8-1001's requirement that the officer prepare a "sworn report" of the refusal was jurisdictional under Wilcox v. Billings, 200 Kan. 654, 438 P.2d 108 (1968). The court rejected the department's argument that a trial de novo cures constitutional defects in lower level proceedings because the district court could not create jurisdiction where none existed at the administrative level. 234 Kan. at 244-46.
Regarding the reasonableness of the refusal, Wulfkuhle argued that the department's refusal to issue the subpoenas violated his constitutional right to examine his accusers. The court found that a licensee's revocation hearing is quasi- judicial in nature, and "the right to cross-examine witnesses testifying at administrative hearings of a 'quasi-judicial' character is an important requirement of due process." 234 Kan. at 246. The court found that the necessity of cross-examination of the arresting officer on the issue of reasonableness of refusal was readily apparent:
"The officer's report itself, absent the officer's testimony, will ordinarily be the only evidence presented by the State to establish the unreasonableness of the refusal to take the chemical test. The instant case demonstrates the filing of such a report creates a presumption that refusal to take the chemical test was unreasonable. The report contains three 'statements of fact' which do not deal with the 'reasonableness' of the refusal. The first states the officer had reasonable grounds to believe the person was operating a vehicle under the influence of alcohol. The second states the arrest was lawful and the person refused the test. The third states that, to the best of the officer's knowledge, the refusal was knowing, intelligent, free and voluntary. Such a refusal could be either reasonable or unreasonable. Cross-examination might reveal the facts upon which the officer relied in making these statements of fact, and, in a given situation, these statements could be brought into serious doubt through cross-examination. Without cross-examination, the hearing board has before it an unimpeachable report as evidence against the word of a self-interested licensee. The result is predictable." 234 Kan. at 247.
The department also argued that K.S.A. 8-255(b) (Weeks) made the issuance of the subpoenas discretionary. See K.S.A. 8-255(b) (Weeks) ("Upon such hearing, the director or the director's duly authorized agent may administer oaths and may issue subpoenas for the attendance of witnesses and the production of relevant books and papers and may require an examination or reexamination of the licensee."). We noted however:
"Assuming the issuance of subpoenas is a discretionary function, where the attendance of the arresting officer or other relevant witnesses is requested by the licensee to establish the validity of the verification of the refusal report or the reasonableness of the licensee's refusal to submit to the chemical test, the refusal to issue subpoenas to compel the attendance of those witnesses at the hearing is an abuse of the agency's discretion. This does not suggest, however, that the licensee's right to have witnesses subpoenaed for the hearing is unlimited. The Director of Vehicles is entitled to exercise his discretion to limit the subpoenas issued to those persons whose testimony is relevant to the issues to be determined at the hearing." 234 Kan. at 247-48.
In Carson, six cases were consolidated for appeal concerning K.S.A. 8-1001 (1982 Ensley), which required the arresting officer to make a report of the refusal verified on oath to the division of vehicles. In each case, the licensee's license was suspended after an administrative hearing where the only evidence presented was the arresting officer's affidavits of refusal. Although the licensees had not requested that the arresting officers be subpoenaed, they argued in part on petition for review that the arresting officers failure to appear deprived them of their right to confrontation and cross-examination. The district court agreed, finding that due process was violated because the affidavits were insufficient to find the refusals were unreasonable without the presence of the arresting officer.
On appeal, this court framed the principal issue as "whether due process of law and the right of confrontation and cross-examination under the federal and state constitutions require the presence of an arresting officer at administrative hearings held pursuant to K.S.A. 8-1001." (Emphasis added.) 237 Kan. at 168. The court considered whether an arresting officer's sworn oath regarding a person's refusal to submit to a chemical test was sufficient on its face to permit suspension of their license consistent with due process. After discussing Wulfkuhle and Illinois v. Batchelder, 463 U.S. 1112, 77 L. Ed. 2d 1267, 103 S. Ct. 3513 (1983), at length, the Carson court concluded that the officer's affidavit per se was insufficient to support the suspension of a person's driving privileges and failed to meet the constitutional requirements of due process of law or the right of confrontation and cross-examination. 237 Kan. at 174.
"As we understand the record in these cases, it was the policy of the KDR to rely on the conclusionary affidavit of the police officer and, if the licensee presented testimony or evidence at the administrative hearing which might support the licensee's contention that the refusal to take the test was reasonable, then the hearing officer continued the hearing to a later date and required the arresting officer, and perhaps other witnesses, to appear to rebut the licensee's position. Such a procedure is not only duplicative but an undue burden upon the taxpaying public, the hearing officer and the licensee. The additional inconvenience and expense to all parties does not justify such a procedure except in unusual or unexpected situations. If the officer's affidavit contains the necessary factual background to support the three 'statements of fact' recognized in Wulfkuhle and if the licensee is advised that such affidavit will be taken as true, federal and state due process of law requirements will be adequately met and the affidavit itself will be sufficient to constitute a prima facie case. The burden of proving those alleged facts false or insufficient will then be upon the licensee and if he intends to offer evidence to that effect he must so advise the KDR in sufficient time for it to subpoena the officer or other witnesses. Such a requirement places no unreasonable burden upon the licensee and gives the KDR the opportunity to determine whether to call witnesses in support of its position or whether to rely upon the affidavit. Such a procedure should in most cases avoid the added expense and inconvenience to all parties occasioned by a second hearing and will avoid the calling of unnecessary witnesses. Of course, if the licensee requests the presence of the officer, or any other relevant witnesses, subpoenas are required to be issued for them. State v. Wulfkuhle, 234 Kan. 241. In the absence of notice to the KDR that the licensee intends to offer evidence in opposition to the officer's affidavit, the constitutional right of confrontation may be deemed waived." (Emphasis added.) 237 Kan. at 175-76.
While numerous revisions to the implied consent law have been made in Kansas following Wulfkuhle and Carson, in both of those cases, unlike the case we now consider, the department refused to subpoena the arresting officer and/or a notary public who could testify on the jurisdictional issue of the "sworn affidavit" requirement. No question exists that the arresting officer and the notary public identified by the licensees were relevant witnesses in those cases. In contrast, under the facts of this case, Cross has not demonstrated that she was denied the opportunity to subpoena any relevant witnesses.
The district court found and the record establishes that Officer Steere was the only officer involved in the detention, arrest, and testing of Cross. Steere testified that he was the only officer to conduct the DUI investigation and the field sobriety tests, and he relied upon no outside evidence other than his own observations and conversations with Cross in determining that he had reasonable grounds to ask her to submit to a breath test. Evidence established that other officers at the scene stayed with the injured person, took witness statements, and completed the accident report. Steere arrested Cross, transported her to the law enforcement center, administered the tests, completed the DC-27, and was the only officer to sign the certification form. Under the current law, the certification of the DC-27 was complete upon signing by the certifying officer. See K.S.A. 8-1002(b).
Cross did not testify or present any evidence to the contrary at the hearing or before the district court, nor did she submit affidavits from other witnesses as permitted by K.S.A. 8-1020(l). In the request for admissions before the district court, Cross admitted that she told the officer that she had consumed an alcoholic beverage and that the officer had reasonable grounds to believe she was operating or attempting to operate a vehicle while under the influence of alcohol. This admission alone supports the conclusion that reasonable grounds existed for the officer to ask her to submit to a breath test. While Cross' counsel told the district court that these admissions were merely framing issues since they were not raising this issue before the district court other than regard to her inability to have a fair hearing at the administrative level; no evidence was presented or proffered to contradict the testimony of Officer Steere.
On appeal, Cross asks this court to speculate that "other relevant witnesses" existed who were denied access to her administrative hearing by the operation of K.S.A. 8-1020(g). Without identifying the witnesses below or proffering their testimony at either the administrative hearing or the trial de novo, Cross provides this court with no means to review her claim other than to simply believe that such witnesses existed. However, an appellate court may not speculate as to what may have existed at the time of the hearing but rather must consider the evidence of record and base its decisions on facts in the record.
In light of Officer Steere's uncontradicted testimony, Cross' own admissions, and her mere speculation as to how these other witnesses might testify, Cross has not established that other witnesses were relevant to establish the absence of reasonable grounds to ask her to submit to the test. As the certifying officer, Steere was subject to subpoena under K.S.A. 8-1020(g), and Cross had the opportunity to cross-examine the only officer who made the observations and assessments and administered the breath test.
Based upon the facts of this case, we hold that K.S.A. 8-1020(g), as it applied to Cross, did not deny her due process of law at her administrative hearing. Accordingly, Cross has no standing to make a facial constitutional attack upon the provisions of K.S.A. 8-1020(g). See Thompson, 237 Kan. at 563.
GERNON, J., not participating.
LARSON, S.J., assigned.1
1REPORTER'S NOTE: Senior Judge Edward Larson was appointed to hear case No. 92,051 vice Justice Gernon pursuant to the authority vested in the Supreme Court by K.S.A. 20-2616.


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A relaxed and open holiday experience
Danish hostels are for everyone. You can book to stay in private rooms, family rooms or shared dorms depending on availability and budget. It is reasonably cheap to stay at hostels, so they are a very popular accommodation choice for groups, backpackers and people looking to meet and interact with other travellers on their holiday.
Average hostel prices in Denmark
A family room for two people costs on average 400 to 600kr, while a bed in a shared room costs on average 150 to 300kr. If you use an international hostel card you can enjoy a 10% discount on your hostel stay in Denmark. Read more at our Hostel card section.
Hostel ratings and booking
You can see how many stars a hostel has received (between one and five) and book hostels in Denmark on the Danhostel website - Copenhagen Downtown Hostel


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Cornelius Waggoner
1863 - 1902
Contributed on 7/25/07 by salmil16
Email This Contributor
Record #: 31636
Thank you for visiting the Ohio Gravestone Photo Project. On this site you can upload gravestone photos, locate ancestors and perform genealogy research. If you have a relative buried in Ohio, we encourage you to upload a digital image using our Submit a Photo page. Contributing to this genealogy archive helps family historians and genealogy researchers locate their relatives and complete their family tree.
Submitted: 7/25/07 • Approved: 7/25/07 • Last Updated: 8/13/15 • R31636-G0-S3


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When was the last time you thought about Avril Lavigne? 2003? Oh. Well, get ready to flashback to a time when you cared about her particular brand of punk pop, because her new video for 'Rock N Roll' features two of the internet's favorite things — grown-up '80s TV stars and BearShark.
Avril debuted her video for 'Rock N Roll' recently to little fanfare. (Let's be honest, the song's a little…basic.) But slowly, people started to realize three things:
1. Billy Zane's in it, playing some sort of action hero in a post-apocalyptic Russ Meyer-meets-'Tank Girl' style future that is plagued by shark attacks. (How 2013!)
2. Avril makes out with her costar Danica McKellar, aka Winnie from 'The Wonder Years.' She even does a Kevin Arnold-style voiceover when they lock lips.
3. Billy Zane is in it. Also, BearShark, whom Avril takes down with a razor-sharp electric guitar while Billy Zane watches on a Segway.
Basically, it's the greatest Avril Lavigne video since…ever? Okay, now you may go back to never thinking about Avril Lavigne again.
Авторский пост


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Benvie necesitaba un nuevo diseño de botón o icono y lanzó un concurso de diseño en 99designs.
Un ganador ha sido elegido entre 36 diseños de 12 diseñadores freelance.
Four icons are needed for the categories of Web Design, Web Development, E-Commerce, and Internet Marketing. These icons will appear in two places: on the homepage as watermarks BEHIND the text describing that particular services, and on a services page next to the header for that category.
Ingenuity Studios
The purpose of the icons is to add flair and presence to the page while not looking overly gaudy and overly complex. The website which these icons will be used on is http://www.ingenuitystudios.net. The methodology behind the web design company I am creating is simple, clean, professional and I want that expressed with these icons. On the homepage they will be a subtle enhancement as watermarks which become more saturated on mouse hover. On the services page they will anchor the text describing each category. I do want them to be colorful (appropriate for each icon) but also simple.
The concepts for each icon are as follows:
- Web Design - Art Palette. Example: http://www2.istockphoto.com/file_th…ted-3d.jpg
- Web Development: Gears. Example: http://www2.istockphoto.com/file_th…wheels.jpg
- E-Commerce: Shopping Cart. Example: http://www2.istockphoto.com/file_th…-carts.jpg
- Internet Marketing: Graph. Example: http://www2.istockphoto.com/file_th…iagram.jpg
The examples above are just to give you a concept of what I'm looking for. Don't feel obliged to copy them closely or anything, it's just the concept for each that I'm interested in.
On the homepage the space available for each is roughly 225x150px (reference http://www.ingenuitystudios.net while designing). On the services page the size will be roughly half that. What you produce will I presume be a much larger size and I will scale it down, but keep those dimensions in mind when designing.
- Simple, clean, professional
- Consistent look
- Good use of color
- Vector art look and feel
- Usable as both watermark and normal
- Usable at both largish dimensions (225x150) and smaller (maybe 112x75 or 75x50)
- No monochrome designs
- No words, just icons


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© 2019 Palm Beach Board of Realtors MLS (PBBORMLS) Information deemed reliable, but not guaranteed
By registering, you agree to our terms of use and that real estate professionals and lenders may call/text you about your inquiry, which may involve use of automated means and prerecorded/artificial voices. You don't need to consent as a condition of buying any property, goods or services. Messages/data rates may apply.


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Your Cart...
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Basket | Checkout
Cross Stitch Kits
Cross Stitch Charts
Embroidery Kits
Long Stitch Kits
Needlepoint / Tapestry
Blackwork Kits
Canvas Work
Craft Kits
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Cross Stitch Design Software
Handeze Therapeutic Gloves
Hoops & Frames
Lamps & Magnifiers
Magnetic Boards
Needles & Accessories
Scissors & Accessories
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Handeze Therapeutic Support Gloves provide relief for wrist & hand pain.
Handeze Energising and Therapeutic Support Gloves are doctor recommended and are user proven to reduce pain resulting from strain, stress, cramping, swelling and pain from the fingers, hands and wrists while performing continuous or repetitive motion activities.
Developed by the New England Therapeutic Research Group, Handeze Gloves combine three proven pain relievers: heat, support and massage.
By merely putting on these non restrictive gloves, body heat becomes contained, raising the blood temperature in the wrist, hand and fingers. The form fitting design gives support to the flesh and muscle structure of the hand and wrist. The four way stretch material, Med-A-Likra, produces an automatic massaging and energising effect. The more you work, the more the massage.
Handeze gloves help to alleviate pain relating to:
Tunnel Syndrome
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Thousands of people are finding Handeze Therapeutic Gloves beneficial. These include:
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Handeze Glove Sizes
The first thing you must do, is determine the size of glove you require.
To do this, place your hand along the edge of a piece of paper as show...
Original Handeze Gloves
Original Handeze Therapeutic Support Gloves provide relief for wrist & hand pain.
Handeze Energising and Therapeutic Support Gloves are do...
Flex-Fit Handeze Gloves
Handeze have introduced 'Flex-Fit' gloves which feature all the benefits of the original gloves plus an adjustable wrist support for further thera...
3/4 Length Finger Handeze Gloves
Just like the original Handeze gloves with more material to cover 3/4 of the fingers. Perfect for people with swelling and stiffness in the ...
Very Crafty are retailers for:
Bothy Threads
All Our Yesterdays
Cinnamon Cat
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Derwentwater Designs
Design Perfection
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Maria Diaz Designs
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The Stitch Studio
Copyright Very Crafty. Site design & maintenance by Bang Online


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Another branch of the family was found at Thorpe in Surrey in later years. "The manor appears to have been held under the abbots of Chertsey in the 15th century, by a family named Thorpe: after the Dissolution, Queen Elizabeth granted the lands to Sir John Wolley, her Latin secretary." [3]CITATION[CLOSE]
Lewis, Samuel, A Topographical Dictionary of England. Institute of Historical Research, 1848, Print.
|Popular Products
|Armorial History With Coat of Arms
|Coat of Arms & Surname History Package
|Family Crest Image (jpg) Heritage Series - 300 DPI
|Coffee Mug
|Armorial History with Frame
|Framed Surname History and Coat of Arms


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Dope NBA Fan Made Clip Of The Week: Michael Jordan | Kobe Bryant | Lebron James - Dark Knight Rises
Credit: THESiCKISHEAR
Please click the "Report" button below if the video on this page is not working properly.
Comments will only be displayed by verified emails. No Spamming or Racism.


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MrPhil necesitaba un nuevo diseño de logotipo y lanzó un concurso de diseño en 99designs.
Un ganador ha sido elegido entre 498 diseños de 100 diseñadores freelance.
Game Legend
Who is this Game Legend?
It's not a person, or a title; it's a place. A place for Gamers to meet and share tips, strategies and cheat codes, ask questions, offer advice, tell stories, and help create a repository for gaming legend and lore.
Who is behind this?
Only one person: me. My name is Philip, and I'm a professional programmer by day. I dabble in game development on the side and am working on a game I hope to release commercially. If you want to learn more about me and my project, I have a blog at http://blog.mrphilgames.com/.
Why are you doing this?
The primary reason is that the technology is already available. As a programmer, I've been following the development of stackoverflow.com. It is a well thought-out medium for the exchange of Questions and Answers. When I discovered they are open to licensing the technology, it immediately struck me as an excellent way for gamers to share hints and get help with games. Secondly, I hope that the time I put into growing a community will pay off down the road when my own game is released. It's a small investment for me, with the potential for great benefits for both the gaming community and myself.
Gamers in general. PC, Wii, Xbox, PS3, indie, casual you name it. I don't want the logo to lean towards any particular type of gamer. So don't use color, themes or images that might alienate "non-typical" gamers. I consider the casual game market an important part of the audience and they are 60% women and usually over the age of 40s. So be careful not to fall into any "stereotype" traps.
You can see what the site is like. The beta is running at http://gamelegend.stackexchange.com. Please note the current colors are just a default theme.
Color - use your imagination, but I consider this very important. You are setting the tone for the whole project. My gut says a design with lots of different colors is not going to work.
Note: the colors on beta site are just a default theme. They have no significance. I'll have the design change after the logo is done.
Size - almost without exception logo will be present in 250 x 69 so focus you design to work at that size. Note how the logo is inline with the tags on the page and needs to visually flow to fit in nicely. The logo on stackexchange.com might help for reference in this regard.
I'm looking for something fresh, simple and memorable over cool, flashy or cutting edge.
The site's tag line is "A community for the open exchange of gaming wisdom" consider that the soul of the logo and website.
The files I will require are:
1. A PNG file 250 x 69
2. A useful layered .ai (CMYK)
3. A useful layered .ai (RGB)
Please do NOT use any stock images or clip art in the logo
The logo must not have any copyright applied to it, it must be your own work and royalty free. You are welcome to use it in a portfolio.
Descubre cómo funciona un concurso de diseño u obtén más información sobre nuestros servicios de diseño de logo.


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SIMFEROPOL, Ukraine � Ukraine's fugitive president resurfaced in Russia to deliver a defiant condemnation of a ''bandit coup,'' while Russian armored vehicles bearing the nation's tricolor rumbled across Crimea and men described as Russian troops took position at airports and a coast guard base � ominous signs of Russia's iron hand in Ukraine's confrontation.
The sudden arrival of men in military uniform patrolling key strategic facilities prompted Ukraine to accuse Russia of ''military invasion and occupation'' � a claim that brought an alarming new dimension to the crisis.
Associated Press journalists in Crimea spotted a convoy of nine Russian armored personnel carriers on a road between the port city of Sevastopol, where Russia has a naval base, and the regional capital, Simferopol.
Russia kept silent on claims of military intervention, even as it maintained its hard-line stance on protecting ethnic Russians in Crimea, a territory that has played a symbolic role in its national identity.
Appearing for the first time since fleeing Ukraine, Yanukovych struck a tone both of bluster and caution � vowing to ''keep fighting for the future of Ukraine,'' while ruling out seeking Russian military help.
''Any military action in this situation is unacceptable,'' he told reporters in the southern city of Rostov-on-Don near the border with Ukraine. In his closing remarks, seeking to make a firm point, Yanukovych tried � and failed � to break a pen.
Western powers, meanwhile, pressured Moscow to exercise restraint.
U.S. Secretary of State John Kerry said he had spoken with Russian Foreign Minister Sergey Lavrov � and delivered a warning against military moves that could further inflame tensions.
German Chancellor Angela Merkel spoke with Putin and expressed concern about an escalation in Crimea, her government said. The Kremlin said that Putin also had conversations with British Prime Minister David Cameron and EU President Herman Van Rompuy.
In Kiev, Ukraine's newly named interior minister accused Russia of military aggression.
''I can only describe this as a military invasion and occupation,'' Avakov wrote in a Facebook post.
The chief of Ukraine's security council, Andriy Parubiy, softened the tone later in the day, saying gunmen had tried to ''seize'' the airports in the Crimean cities of Simferopol and Sevastopol but insisting that ''de facto the airports are controlled by the law enforcement bodies of Ukraine.''
Parliament adopted a resolution demanding that Russia halt steps it says are aimed against Ukraine's sovereignty and territorial integrity, and called for a U.N. Security Council meeting on the crisis.
Ukraine's State Border Guard Service said about 30 Russian marines from Russia's Sevastopol-based Black Sea Fleet had taken up position outside the Ukrainian Coast Guard base in the area. It claimed the marines said they were there to prevent any weapons at the base from being seized by extremists.
Experts said Russia's hand in Crimea was clear � whether or not the armed men at the airports and the Coast Guard base were actually Russian soldiers.
''I think there two possibilities. One is that these are Russian forces, the second possibility us some kind of special paramilitaries,'' said Steven Pifer, a former U.S. ambassador to Ukraine who is now an analyst at the Brookings Institution.
The Russian armored personnel vehicles seen by AP reporters were parked on the side of the road near the town of Bakhchisarai, apparently because one of them had mechanical problems.
Russia is supposed to notify Ukraine of any troop movements outside the naval base it maintains in Sevastopol under a lease agreement with Ukraine.
The Russian Foreign Ministry said movements of armored vehicles belonging to the Russian Black Sea Fleet were prompted by the need to ensure security of its base and didn't contradict the lease terms.
A duty officer at the Ukrainian Defense Ministry said it had no information about the vehicles' movements.
AP journalists approaching the Sevastopol airport found the road leading up to it blocked by two military trucks and a handful of gunmen wearing camouflage uniforms and carrying assault rifles.
A car with Russian military plates was stopped at the roadblock. A man wearing a military uniform with a Russian flag on his sleeve got out of the car and was allowed to enter on foot after a brief discussion with the gunmen.
At the airport serving Simferopol, commercial flights were landing and taking off despite dozens of armed men in military uniforms without markings patrolling with assault rifles. They didn't stop or search people leaving or entering the airport, and refused to talk to journalists.
One man who identified himself only as Vladimir said the men were part of the Crimean People's Brigade, which he described as a self-defense unit ensuring that no ''radicals and fascists'' arrive from other parts of Ukraine. There was no way to verify his account.
The airport deployments came a day after masked gunmen with rocket-propelled grenades and sniper rifles seized the parliament and government offices in Simferopol and raised the Russian flag. Ukrainian police cordoned off the area but didn't confront the gunmen. They remained in control of the buildings Friday.
In Kiev, the prosecutor-general's office in Kiev said it would seek Yanukovych's extradition to Ukraine, where he is wanted on suspicion of mass murder in last week's violent clashes between protesters and police, during which over 80 people were killed.
Russia continued with massive combat readiness exercises involving most of its troops in western and southern Russia that it said were unrelated to the Ukraine conflict.
The Kremlin, in a statement published late Thursday, said Putin had instructed the government to ''maintain contacts with the counterparts in Kiev in what concerns trade and economic ties between Russia and Ukraine.''
Meanwhile, Swiss prosecutors announced they had launched a criminal investigation against Yanukovych and his son Aleksander over ''aggravated money laundering.'' They said police and Geneva's chief prosecutor conducted a search and seized documents Thursday at the premises of a company owned by Aleksander Yanukovych.
Switzerland, Austria and Liechtenstein all said they would freeze any assets Yanukovych and his entourage might have in those countries.
Ukraine's population is divided in loyalties between Russia and the West, with much of western Ukraine advocating closer ties with the European Union while eastern and southern regions look to Russia for support.
Crimea, a southeastern peninsula of Ukraine that has semi-autonomous status, was seized by Russian forces in the 18th century under Catherine the Great, and was once the crown jewel in Russian and then Soviet empires.
It became part of Ukraine in 1954 when Soviet leader Nikita Khrushchev transferred jurisdiction from Russia, a move that was a mere formality until the 1991 Soviet collapse meant Crimea landed in an independent Ukraine.
That complicated history hangs over Ukraine's crisis.
''Crimea,'' said Pifer of the Brookings Institution, ''is the flashpoint everybody needs to be watching.''
AP reporters Dalton Bennett in Sevastopol, Maria Danilova and Karl Ritter in Kiev and Nataliya Vasilyeva in Moscow contributed to this report.


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New Policy
Major Revision of Existing Policy
Minor/Technical Revision of Existing Policy
Reaffirmation of Existing Policy
Repealed Policy
The purpose of this policy is for the University of North Florida to strongly encourage its staff to pursue life-long learning opportunities for professional growth and development. II. STATEMENT OF POLICYIt is the policy of the University of North Florida (UNF) to provide financial assistance for the ongoing education of eligible employees, subject to published guidelines and procedures. This benefit only includes University paid tuition and associated fees (see the Controller's Tuition and Fees webpage for a list of associated fees http://www.unf.edu/tuition/). The benefit does not cover related fees, books, or supplies. Specific information on excluded fees and costs can be found here https://www.unf.edu/onestop/registrar/Fee_Waiver_-_Employee_Education.aspx. III. GUIDELINES A. Full time university faculty, administrative and support, and direct support organization (DSO) employees in good standing*, who have been employed for at least six (6) months in a budgeted position, and who qualify as Florida residents for tuition purposes, are eligible to enroll in up to six (6) credit hours of instruction per semester at UNF. Prior UNF OPS and/or budgeted employment may be considered for budgeted employees who have not met the six-month employment requirement.B. Part-time salaried employees (.5 FTE) in good standing*, who have been employed for at least six (6) months in a budgeted position are eligible to enroll in up to three (3) credit hours of instruction per semester. This program is not available to OPS or temporary personnel. This program is not available for Thesis, Dissertation, Internships, Directed Independent Study, non-credit courses, or sponsored credit program offerings.C. Resident aliens and non-Florida residents must pay the out-of-state portion of their tuition.D. In no case will a dependent and/or spouse be allowed to assign credit hours to the UNF employee. E. Unused tuition hours do not roll over nor can they be carried over into another semester. F. Any employee receiving student financial aid must notify the Student Financial Aid Office of their Employee Educational Assistance benefit prior to registering for classes. G. The value of courses taken using the Employee Educational Assistance Program is not used to compute the employee's base rate of pay or regular rate of pay. H. UNF will not be responsible for any tax liability arising from the use of this Program. I. The university reserves the right to exempt specific courses from eligibility for this program. For a list of exempted courses for a specific semester, contact the Registrar's Office J. The lifetime maximum is 132 attempted credit hours per individual through this Program. *For the purposes of this policy, an employee shall not be considered 'in good standing' if a notice of non-reappointment or just cause termination has been issued, or if the overall performance is below the satisfactory level. IV. PROCEDURES A. The employee must complete admissions and registration requirementsB. The employee is responsible for completing the Employee Educational Assistance Program application form. C. Any employee receiving student financial aid must notify the Student Financial Aid Office of the use of the Employee Educational Assistance Program. E. As a precondition to approving a request to participate in this program, the university will require the employee to enter into an agreement that requires the following in order to enjoy continued participation in this program: 1) Remain in good academic standing; 2) Complete all courses taken through this program which the user does not drop/withdraw before the expiration of the regular add/drop period. Designations such as withdraw (W) or incomplete (I) will not satisfy the requirements of this paragraph, and will count toward the lifetime maximum as stated in guideline J above. 3) Failure to remain in good academic standing or complete the courses as described in (a) and (b), above, will result in the user's loss of eligibility to participate in the program for the subsequent semester. F. Submit the fully approved original Employee Educational Assistance online form by the published last day to pay fees. G. Classes should not be scheduled during normal working hours without the prior permission of the department head and an approved plan to makeup the time missed through use of personal accrued leave or flexible scheduling. H. Under unique circumstances, the university can make exceptions to this policy. Request for exemptions should be submitted to the Registrar's office and should include documentation substantiating the request for the exemption – for example, a medical doctor's verification of an illness that prevented completion of the course; documentation of a change in the university job held by the employee that prevented attendance in the course. The request will be reviewed by the university administrators so designated.
Adopted by the University of North Florida Board of Trustees as part of the University's Personnel Program on January 26, 2006.


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Is there some way to stage individual lines of a file which has just been changed to include newline at EOF? I tried
add -p, but it wouldn't split the relevant hunk into small enough parts, and it's well known that git-gui throws a "corrupt patch" error when dealing with files without a newline at the end. The relevant hunk:
$courier: "courier new", courier, freemono, "nimbus mono l",
"liberation mono", monospace;
-$monaco: monaco, "lucida console", "dejavu sans mono",
- "bitstream vera sans mono", "liberation mono",
- monospace;
\ No newline at end of file
+$monaco: monaco, "lucida console", "dejavu sans mono",
+ "bitstream vera sans mono", "liberation mono",
+ monospace;
+h1 {
+ font-size: 2em;
I'd like to commit everything up to
h1 as a whitespace fix, and everything after in a separate commit.


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The BASTOW this week goes to Mason "Braveleg" Crosby for putting the Packers ahead with a 4th quarter field goal, a lead we would not relinquish (it shouldn't have come to this, but oh well). Mr. Crosby has icewater in his veins, and it showed. I must confess, the award this week is twofold for Crosby, or should I call him Mason Quasimoto? I would like to congratulate you, Mason, for having the best fantasy football commercial I've ever seen. A kicker having a football commercial? Braveleg Quasimoto, indeed. Plus, he loves bingo at the VFW, and who doesn't?
Tracy White Fact of the Day: Tracy White chose the number 59 because it was the number of special teams touchdowns he had in college....in his first two games. True.


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Former "American Idol" contestant Ayla Brown has a new job even before she graduates from Boston College.
The daughter of Massachusetts Republican Sen. Scott Brown is serving as CBS "Early Show" contributor. She's producing pieces focused on the youth audience.
Executive Producer David Friedman said Tuesday he became interested in Brown when she sang on the morning show. She had previously been an "American Idol" semifinalist.
He says, "You can't create the next Katie Couric; you just have to find talent that you think can develop into something."
The senator famously embarrassed his elder daughter on election night in January, when he told a nationwide audience she was single.
Her mother, Gail Huff, is already in television as a reporter for Boston's ABC affiliate, WCVB-TV.


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I have started to get into cycling for a number of reasons (whether or not you care).
1. Aquathons are rare. When one loves to run and swim, triathlons are really the best best competition modality. And one can't be even a decent triathlete without biking well.
Despite my reasons for wanting to bike, my expectations for yesterday's race were quite low. I don't think I am a good cyclist. I have little experience in drafting and knew if I didn't draft it would be a long, painful race.
We arrived with plenty of time and chatted with a bunch of hematologists.
The race start - me already dawdling, getting my shoes in my straps (I'm the pink girl to the right, if there was any doubt)
What was my gear (head to toe)? helmet, my tri jersey (I don't own bike shorts with padding, so I had to wear this) with SR's pink bike jesey over it (yes, he bought and owns a pink bike jersey - and he is all mine!), my camelbak hydration pack (trust me, I was the only one with something like this), power bar and candy bar in my jersey pockets, extra tire, plastic things for removing inner tube, mobile phone, new sunglasses (which I didn't wear), cycling gloves, my new BIOM running shoes (haven't tried click-in pedals yet).
So there was a confusing start where they said numbers 1-50 should start first (that was us), but nearly all 247 started at once, with a few people staying behind, looking confused. A fast peleton (á la Tour de France) took off with SR at the very back, looking backwards, perhaps concerned for my life. I had no idea what to expect since I had no interest in riding with the super fast men.
Here was one of the lead groups out on the course.
After a few km, I fell in behind 4 men with matching jerseys (white with a rainbow stripe). We were riding at an average of 3:15 miles/min. I felt comfortable and drafted off of them, but then found I could also switch with them taking the lead. I had never ridden so fast for so long and it was great fun! Unfortunately, after about 25km we got lost and had to get out maps and devise a plan. We found our way back on route eventually and it is hard to estimate how much time we lost. I think we added 2-3 km.
Anyway, I stayed with one of those guys and a few other guys and a woman until about 40km when all of them but one broke off since they were doing the shorter 63km route. Huh. The one guy and I looked at each other and laughed "Well, hello there". He turned out to be a very nice guy who switched off leading and drafting with me, though he led most of the time. He had two quotes that stuck with me. "Du cycler sgu da flot": "You bike fucking beautifully" and "Bramser ikke for fanden!": "Break not for the devil!". I could not believe how fast we continued to ride. I had kept up the 3:15 min/mile pace through a good 60km when things really fell apart for me. It started when we caught up to a group of riders and one of them said to me the metal fast release on my back wheel was loose. I got off to fix it and then couldn't catch up with the group again. I finally did when one of them got a flat. I waited, needing a rest and wanting to stay in a group. Once they started riding again, they dropped me quickly and I was like, hmmm, glad I waited to ride with them.
So the rest of the race was spent alone. And my legs were shaking and burning. I had trouble keeping up a good speed. And then with 5km left to go, I realized my bike was making a heck of a lot of noise and not much forward motion. It was my breaks. The chance that I could actually fix something on my bike was as slim as Ilsa. But I remembered how SR had loosened my breaks and that is what I did in the front and the back and gosh darn it, it worked, and I was riding smoothy in no time! I felt like a very sexy woman at that moment.
Suddenly I realized I was coming to the finish and was happy with my time despite getting lost and all the stops: 3:32 for 87km, though more like 89-90 km. And I wasn't last! Actually, it was really hard to determine placement. There was no result list.
I came through the finish sweating like a knock-kneed mule and soaked everywhere. I had actually sweated the entire time, at times so much that I couldn't see where I was going. This cycling stuff can be hard work with hills and turns and wind and playing catch-up with groups. I felt as though I had run a marathon and the time riding was certainly comparable.
I finally found SR, who was sitting with his hematolgists.
He is the guy with the thick head of hair to the far right (but seriously, doesn't he look good in a bike jersey?).
SR had told his friends it would be well over 4 hours by the time I arrived, if I arrived at all, so they were all at least mildly impressed. SR had also gotten lost, though much worse than me. He got so far off course that they came back on course way ahead of the leaders and ended up coming in first, having to explain they didn't actually win. I am bummed out for SR since I know he could have actually held on to the fast peleton the whole way had he not gotten behind at a critical point and then gotten lost almost immediately after that. But he always has a good attitude and didn't act disappointed.
I was shocked how much fun I had. Definitely more fun than many running races I have been to. But a race without pressure is almost always enjoyable. I am feeling more and more ready for an Ironman next year. Heck and maybe even another bike race in the nearer future. I almost feel I need to be apologetic to all of the runners who read my blog. I am sorry... I've been unfaithful and I don't regret it.


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Developing Self-Compassion: How to Show Yourself Some Love
Posted: 2/10/2019
Posted February 10, 2019
By Len Canter
HealthDay Reporter
FRIDAY, Feb. 8, 2019 (HealthDay News) -- A lot of importance is placed on developing self-esteem to create emotional well-being and to quiet the inner critic that causes people to doubt themselves. But even more essential to emotional wellness might be self-compassion -- extending to yourself the same feelings of empathy and concern that you show others.
Self-compassion leads to contentment and offers a kind of immunity against negative influences like fear, according to researcher Kristin Neff, associate professor of educational psychology at the University of Texas at Austin.
More than self-esteem, self-compassion can soothe you when you're upset, help you gain perspective, and allow you to accept your faults. With that mindset, you can flourish.
Neff has identified three important elements of self-compassion:
People with self-compassion experience less anxiety and are more comfortable in their own skin.
What's more, if you're a mom or dad, having self-compassion can help you feel more at ease with your parenting skills, which will benefit your kids. Other research shows that children of parents who are less judgmental about their parenting abilities report fewer symptoms of depression and anxiety.
Copyright © 2019 HealthDay. All rights reserved.
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Glamping in Luang Prabang Province
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Opened in 2004, Kamu Lodge is a private eco-lodge engaged with low-impact travel located on the banks of the Mekong River, in a remote valley of paddy fields between small villages and forested mountains. It is accessible only by boat. It is still a good example of integration within local life a...View Details
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Leaner, faster, greener: Nike's new supply chain goals
Leaner, faster, greener: Nike's new supply chain goals
Nike (NYSE: NKE) is making some big changes to how it manages its supply chain. As part of its sustainability report released Thursday, the retailer said it plans to launch a new manufacturing index in 2012 that will place factories' sustainable practices "on equal footing" with the traditional supply-chain measures of quality, cost and delivery. The index will now include environmental and labor-sustainability metrics, according to the report. And Nike will use that index to evaluate its suppliers.
It's an interesting move with potentially widespread implications globally among suppliers -- and would-be suppliers -- to Nike. And with other retailers -- including Walmart, which said last month that it was expanding its supplier scorecard program -- taking steps to add sustainability to its supply-chain requirements as well, it appears that the supply-chain landscape may be poised for a shakeup that could give greener and more socially responsible suppliers a competitive edge. Retail suppliers will likely be keeping a close watch on these leaders' criteria, which will begin to define sustainability for different products.
We recently caught up via phone with Hannah Jones, Nike's vice president of sustainable business and innovation, for more insight into Nike's goals and its manufacturing index. Here's an edited excerpt of our conversation:
GreenBiz: The report talks about making your factories faster, leaner and more efficient. How do you accomplish that without descending into a Foxconn situation?
Jones: [There are] two elements to 'lean.' One is the process change piece of it, and the engineering change around how you think about products' efficiencies and quality. And the other is really about the culture of empowerment that is core to making lean really work. For our industry, this is key. It requires…management [to] understand that the worker is the closest to the process and to the act of manufacturing and therefore has the greatest insight. And that actually what you need to do is put greater value on the worker and enable the worker to feel empowered, so that they can speak out and speak up and talk about where they can see improvements could happen.
It starts to change the conversation between the managers and the workers. It starts to change the conversation with the management, in how they have to stop viewing workers as a cost and start seeing them as one of the core, valuable assets that they have. That makes them think more about turnover rates. It makes them think more about HR systems, it makes them think more about supervisors being trained in management and it makes them really think through how do they communicate, how do they work with the workers to retain them. Because they want to invest much more in them, in terms of building up skill sets.
So to us, 'lean' is one of the components [of] how we think about building better working conditions. Because we think it's the business conditions that enable a lot of the additional work we do, through our code of conduct and through our Sustainability Manufacturing and Sourcing team. Then we have this new manufacturing index, which locks in performance on sustainability, performance on lean, performance on workers' rights into the core conversation between the buyer and the supplier around where growth and volume will go and where orders will go.
GreenBiz: What do your sustainability goals mean for current and potential suppliers to Nike?
Jones: I think it's a shift. And I think that the shift that's been happening over the last two or three years, that this report kind of begins to capture and signal, is that we have been rewiring the conversation internally and rewiring the conversation with our suppliers in which we really explain to them that there are some new rules of engagement. And that our sourcing strategy and our sustainability and working conditions strategies are one in the same. We've built a sourcing strategy that looks at having fewer partners for the longer term that are optimized, to enable us to have those fewer partners. And then really building in to how we have a business discussion with them.
So if you think before, in our industry, the traditional conversation between a buyer and a supplier is one of cost, delivery on time and quality. Those are always the driving kind of indicators [determining] are we going to give you more orders or less orders? And so now what was done is we've said: sustainability. And I want to emphasize [that] when I say sustainability it includes workers' rights. Sustainability is one-fourth of that equation now.
So our suppliers now know two things: one, their business with us is going to be dependent on how much they show their commitment to sustainability. And two, we've changed also from a 'make your systems less bad' [approach] to actually describing a vision of good. It's saying if you're going to be on the journey with us…we're going to need you to really think about investing in your workers, investing in lean and investing in efficiencies and green.
Photo of Nike store in Paris by Tupungato via Shutterstock.
GreenBiz: What do your suppliers need to do to stand out, to get good grades from your auditing team?
Jones: We have a whole set of indicators, performance indicators that they need to be meeting. So there are kind of incentives along the way, but there are also sanctions for failing to meet standards and [for] repeat offences, which go up to and including termination of the relationship. If you look at some of the data in the labor section of this [report], you'll see that we have eliminated a number of factories because of their unwillingness to consistently shift management strategy and culture [and] to build in sustainability and workers' rights.
GreenBiz: Other big retailers are on the sustainable supply-chain bandwagon: Walmart, for example, has a supplier scorecard program. Is the writing on the wall now for suppliers that transparency is needed to remain competitive?
Jones: I think the signals are getting louder and louder. I think what was a whisper is now a shout. I think that's a good thing. And I think that a lot of our suppliers are beginning to wake up; that there are new rules of engagement and that they will be, in this era of transparency, owning their reputations. And that it will be important; that it is a competitive advantage.
GreenBiz: How do you balance environmental and labor issues?
Jones: We've been pursuing a huge amount of work around… the labor side of things and the environmental side of things. And then you'll see in the manufacturing index, the environment piece is coming into it. I think what you're going to see is even more convergence in the years to come, where we pull all these different sorts of indicators together. And it's a balancing act.
GreenBiz: Where does Nike still need work to achieve its goals? Where are the places where you have the most catching up to do?
Jones: There are different areas that I think about and that the team thinks about. We run sustainability now as you would almost an innovation pipeline. There are different kind of issues that hit at different times in that pipeline. For some issues that we have out there, there simply isn't a solution yet that's obvious. And what we need is… solutions. We need new technology and new chemistry, new materials, to swap out with the old. So there is an innovation challenge and it's really about sending a signal to innovators in the company and outside the company, that we are in the hunt for alternatives.
As you get further down into the commercialization nature of things it's about how you get mainstream adoption. Because at the moment sustainability, absent strong policy levers being pulled, faces a scaling challenge. There is a cost to early leadership, and it's the early cost of investing at a prototype level and all the money that goes into that R&D. So the faster we can get this to market and the faster we can get sustainable options to be the default, the more viable it becomes. It becomes a kind of self-fulfilling prophecy in a very good way.


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MI Emergency Preparedness
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No doubt you've been checking out Cosmo's hot YouTube series Sexy vs. Skanky all year. We can't believe it, but it's time for season two! And with that, we'd like to introduce our new co-hosts Lyndsey Rodrigues and Mike Cannon.
For their debut, Lyndsey and Mike join forces with style expert Glamo to tackle boyfriend makeovers.
In this episode, you'll learn:
* How guys really feel about being made over
* Tips for (subtly) making over your man
* The sneaky little trick to get him to wear what you want
Check out the show, below, and click here to subscribe to Hello Style (it's free!), so you can get your Sexy vs. Skanky fix every week.