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Tornado sirens wail eerily above the rising sound of the wind. A twister could be headed your way. You have just seconds to get your family to safety.
"If you do find yourself in that situation, you're going to have to make some critical last-minute decisions as to where you might be able to survive if you're hit," says Greg Carbin, warning coordination meteorologist for the National Oceanic and Atmospheric Administration Storm Prediction Center (SPC). The wrong decision could be fatal, but deadly misconceptions abound. As tornado season heats up, remember not to fall for these five myths about tornado safety.
Myth 1: Overpasses are good tornado shelters for motorists.
On April 26, 1991, a group of motorists huddled under an overpass on the Kansas Turnpike during a tornado and shot video of their ordeal. They were lucky to survive this close encounter, and the dramatic footage of their experience has led many to believe that overpasses are viable tornado shelters.
The space beneath an overpass can create a wind tunnel, accelerating the already-violent winds of the tornado. And wind speed increases with height, so climbing the embankments beneath the girders of the overpass may expose you to even stronger winds.
"People have tried to take shelter and been killed in overpasses," Carbin says. "The wind forced through a small, rigid opening like that can actually increase the wind speed and likely tear you right out of there, which has happened."
Leaving your car near the overpass can also endanger other drivers trying to flee the tornado because parked vehicles cause traffic to back up on the highway. "The tornado moves in and perhaps causes even more injury and death because you've got vehicles flying around that might have been able to get through," he says. And if the tornado wedges those vehicles under the overpass, they can create a roadblock for emergency responders.
Myth 2: A ditch or other low spot is a better place to hide.
There's a partial truth here. The lower you can be, the safer you are from the tornado's powerful wind, not only because wind speed increases with altitude, but also because you are less likely to be picked up by the wind. Some experts also claim that tornadoes tend not to follow topography precisely, so they may pass over a ditch rather than dipping into it.
As a result, many sources advise leaving your vehicle and hiding in a ditch, but Carbin disagrees. Why? Carbin says that ditches are dangerous places during a severe storm, and their hazards might outweigh whatever shelter they offer. "Many of these storms produce incredible amounts of rainfall, and getting in a ditch is probably not the best idea when there's the potential for flash flooding as well," he says.
Remaining in your car may be your best option, especially since it gives you the best chance to get away from the tornado in the first place.
Myth 3: You should never try to outrun a tornado.
Several authoritative sources, including the Centers for Disease Control and the National Climatic Data Center (NCDC), warn that twisters are too fast to outrun. And even before the funnel catches up to you, strong winds can flip a car. It is true that tornadoes can move along the ground at up to 70 miles per hour and can change course unpredictably, but most cars can easily top 70 mph if no traffic gets in the way.
"You can outrun a tornado, but you have to know what you're doing," says Carbin. "You have to know where you are in relation to the tornado, you have to know what direction the tornado is moving, and if you know those things, there is a good chance you can actually get out of the way. But you have to know those things. You can't just assume."
If you have the option to pull off the road and seek shelter in a sturdy building, then do so. But if you find yourself out on the open highway with no better shelter than an overpass or ditch, your best option may be to just keep driving.
Watch for traffic, debris, or other obstacles. If the wind becomes too strong, then the SPC advises pulling off the road but remaining in your car. Keep your seatbelt fastened and your engine running, which will allow your airbags to deploy if needed. Cover up with whatever you have available, like a blanket or coat. This is not ideal, but it is hardly worse than a flooded ditch with no cover.
"In some cases, when you're faced head-on with a tornado and you're in a vehicle, there really aren't any safe options," Carbin says.
Myth 4: Open your house's windows to equalize air pressure.
"After a significant tornado, it looks like a bomb has gone off," Carbin says, "so perhaps this originated with the idea that the pressure in the tornado is so low that buildings literally explode." Opening windows supposedly allows the higher air pressure inside the house to equalize with the lower pressure of the storm and prevent a devastating explosion. But Carbin says this is a dangerous misconception.
First, he says, the mythical pressure differential is nonexistent. "Most buildings are not airtight, so any pressure difference is probably going to be released through cracks that are already there." You could try to open the windows in advance, but this will only create an opening for wind and debris to sweep into the house, creating a wind-tunnel effect that can make wind damage a certainty rather than just a threat. As the NCDC says: "Don't worry about equalizing the pressure. The roof ripping off and the pickup truck smashing through the front wall will equalize the pressure for you."
So, concentrate on taking shelter, not opening a bunch of windows. Remember, the first advice that accompanies a storm warning is "Stay away from windows." If a tornado is approaching, seconds count. So use them to take shelter and move away from the windows, not toward them.
Myth 5: The southwest corner of your basement is the safest place to hide.
Tornadoes usually move from southwest to northeast. So the idea behind this myth is that most of the debris will fall on the trailing edge, making the southwest corner the safest.
"I don't think there's any evidence to suggest that one corner of the basement is better than another," Carbin says. "If you do have a basement, it probably doesn't matter where. But you might want to consider something sturdy above your head, because if the building collapses, you're going to have to dig your way out of that." You should also try to avoid being directly beneath heavy appliances on the upper floors of the house.
If you do not have a basement, the best place to be is the center of the ground floor. "The key is to try to get as many walls between you and the outside as possible, avoiding windows and getting low," Carbin says. An interior bathroom is usually a good alternative, because pipes help reinforce the walls, it has few if any windows, and the bathtub itself provides some added shelter.
NEXT: How to Prepare Your Home for an Emergency »
Photo: Gene Rhoden/Weatherpix/Getty
This story originally appeared on PopularMechanics.com
From: Popular Mechanics


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Liberty News
Financial expert Dave Ramsey offers advice to students
Following his visit to Liberty University, Dave Ramsey shared his excitement from the experience on his radio broadcast, "The Dave Ramsey Show."
"I spoke to 10,000 college students at Liberty University. Inspiring. That is all I can tell you. Inspiring young people," Ramsey said. "Got to meet several of them. … Excellent, smiling, intelligent, believing in the future, men and women of faith."
After visiting Liberty, Ramsey said he is optimistic about the future of America, which he said seems bleak when looking at what is taking place in Washington, D.C.
Ramsey said after visiting with Liberty students, which he called "the cream of the crop," he believes "we are going to be all right." He pointed to their "level of character (and) understanding of the vision of the future."
"They sure got their act together in ways I didn't even dream of at that age," he added. "I went there to talk to them and maybe instruct or inspire … but I came away the beneficiary of that trip. This nation has a future as long as there is stuff going on like (what is happening at Liberty)."
- Listen to the full broadcast (Oct. 30, 2013) on Ramsey's website.
Liberty University students had the unique privilege to hear from Dave Ramsey, one of the nation's leading experts in personal finance, in Wednesday's Convocation.
Ramsey is a New York Times best-selling author of four books that have helped millions of people make sense of their life and manage their finances. He also has a nationally syndicated radio show that is heard on 500 radio stations across the country.
In 1992, Ramsey formed The Lampo Group to counsel individuals who are under financial stress. Liberty recently partnered with the company and has launched a free Financial Literacy course open to the first 5,000 students who enroll. It features instruction from Ramsey's Foundations of Personal Finance: College Edition on budgeting, savings, debt, and college essentials while integrating biblical principles. Liberty is the largest school in the country to offer this material and the only one offering it for free. Staff from Liberty's Financial Aid Office were available after Convocation to hand out information about the course.
According to President Jerry Falwell, Jr., Ramsey's message provided some of the most relevant and useful common-sense advice he has heard.
"Dave Ramsey echoed the teachings of Jesus to boldly rebuke Christians who are judgmental and envious and explained clearly how the Judeo-Christian work ethic made America the most prosperous nation in the history of the world," Falwell said. "Mr. Ramsey's speech this morning is one of my favorite Liberty Convocation messages of all time."
This was Ramsey's first time at Liberty. When he took the stage, he reminded students of a simple principle: "money is not the root of all evil," but rather, as the Bible says, the love of money is (1 Timothy 6:10).
He said antagonizing people who have become successful is a dangerous socioeconomic trend in our culture.
Ramsey told the students that on an average household income scale, most of them would be considered "rich." Americans today are the most successful group of people in the history of humankind, ranking in the top 1 percent of the world in annual income, he said.
He posed three possible views of wealth and possessions, using the lives of Martha, Judas, and Mary as seen in Luke 10:38 and John 12:21 — the spirit of pride (performance-oriented individuals like Martha); the spirit of poverty (individuals, like Judas, who think being wealthy is evil); and the spirit of gratitude (Mary, who was always thankful).
Ramsey said the spirit of gratitude is the proper spirit to have. When an individual starts understanding money and wealth with this spirit, they will learn what the Bible says and "get out of debt and stay out of debt," he said.
"My reaction, my gratitude, the way I say 'Thank you' is with the passion and with the excellence in which I handle all that (God) has given me to manage. When I am excellent, and I am faithful with the little things, He gives me more to manage," Ramsey said. "This is my best shot at being Mary. Because the Lord knows I have been Judas, I have been the one who said, 'There should be no one with a car that nice.' … I have operated with a spirit of pride. My goal, as I get to be an old man, is to more often operate with a spirit of gratitude … and I hope (after I am gone my children and grandchildren will say) 'He loved Jesus and he knew who owned his stuff. He was managing it for God.' That's the legacy I want to leave."
Ramsey's daughter Rachel Cruze will be the keynote speaker in Convocation on Monday, Nov. 4, at 10 a.m. in the Vines Center.
Ramsey's visit and free course is one of the many ways Liberty works to prepare its students for a better future, said Rob Ritz, vice president for Financial Aid.
"Proactive work like this in the past has already helped students," he said. "Liberty students borrow less in student loans than students do nationally. Additionally, Liberty's loan default rate is almost half of the national average. With lower average borrowing and better repayment, Liberty's long-term value is gaining more attention from families who want an affordable and top-quality private Christian education."

subset: commoncrawl


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Holly Bracuti and Damian Cauceglia – March 24, 2012 – Lawnhaven
Lawnhaven Pocono Wedding Venue
Our journey together began at the tender age of 16, thanks to my older sister and a mutual friend introducing us. Damian and I lived over anhour apart from each other, and at the time we were not old enough todrive. Our relationship consisted of talking on the phone everyday andseeing each other on the weekends. Without the help of our parents, wewould have had no way of seeing each other. We attended his Juniorprom together, and felt so in love. Our whirlwind romance came to faststop when we got into a serious car accident.
After the accident we went our separate ways, still keeping in contact with one another over the years. The time apart allowed us to grow, make mistakes, and experience other relationships on our own. It is the fact that we went our separates and still found a way to come back together that truly makes me believe in fate. I do not think we ever stopped loving one another, because we quickly fell back in love. Our love was deeper than before and faced a lot of hardships along the way.
Damian knows that Christmas is one of my most favorite times of the year and when it came time to asking my hand in marriage he took that into consideration. It was Christmas Eve and my family just finished dinner. Damian was waiting for the perfect time to ask me, but was extremely nervous. He finally grew the courage and stood up at the table asking for everyone's attention. He looked my family in theirs eyes and gave a truly heartfelt and loving speech about his love he had for me. He got down on one knee and asked me the question that would change the rest of my life, "Holly, will you marry me?".


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[THIS WEEK] James Pallister reads a series of illuminating essays on nationalism and architecture and reflects on the shared temperaments of architectural and nation-building visionaries
The nation state, as W C Sellar and R J Yeatman might have put it, was invented in the 19th century. It was a Good Thing, ushered into being by charismatic leaders Garibaldi (romantic) and Bismarck (romantiker), noted for their facial hair.
This madcap pair, as well as both single-handedly creating their nations, had a choice repertoire of bad behavior; the kind of quirks that would make big jessies out of even the most ascetic and obnoxious of practitioners.
When Bismarck's assistant Baron von Holstein wrote about 'a psychological necessity to make his power felt by tormenting, harrying and ill-treating people' and a 'constant orgy of scorn and abuse', he wasn't referring to student crits or famous architects with a proclivity for telling tearful students to 'Fuck off' , but the behavior woudn't be too unfamiliar to many architecture students…
Garibaldi, like a starchitects' accountant, was familiar with the financial power of a bit of masochistic romance. One can imagine his enticing proposition of offering ' neither pay, nor quarters, nor food; only hunger, thirst, forced marches, battles and death' appealing to the romantic sensibilities of some of the more ascetic (and independently-wealthy) architects.
Raymond Quek's new book, Nationalism and Architecture, edited with Darren Deane and Sarah Butler, traces the relationship between nation-building and architecture. Back in the pre-unification Germany of 1850, King Maximillian of Bavaria initiated a competition to invent a new architectural style to be used at an institution of higher learning.
Quek writes in his introduction that the demand for a new style to be invented ab initio alarmed the Germanic art intellectuals. It did, however, illustrate the paradoxical challenge of nationalistic architecture: overtly expressing something which is latently manifest.
The editors contend that, unlike regionalism, nationalism is under-represented in academic literature and that most is gained by looking at case studies from across the globe. Hence the essays include case studies on Lewis Mumford's quest for a Jewish architecture, the impact of post-war church architecture on Irish immigrant identity, Louis Kahn's American institutions and Alvar Aalto's Finland.
Murray Edelman characterises architectural nationalism as the 'relocation from the here and now to the remote past or anticipated future'. Different attitudes to national architecture can be expressed in buildings of the same era, and Quek gives the example of the Palace of Westminster and Buckingham Palace, both built in the 19th century.
Westminster, in high Gothic Revival, associated the 'ascendant middle classes [and] their modern, democratic society' with a medievalist past, while the stolid Neoclassicism of Buckingham Palace and its tripartite symmetry articulated British unity under monarchy, and its association with European royalty and classical architecture.
With the Scottish referendum looming and our relationship with Europe under closer examination, we may soon see yet more debates on nationalism and architecture.
Read: Nationalism and Architecture, edited by Raymond Quek, Darren Deane and Sarah Butler, Ashgate Studies in Architecture, 346pp, hardback, $99.95
- Bismarck: A Life by Jonathan Steinberg
- 1066 and all that by WC Sellars and R J Yeatman
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Tuxedo Pants Trend (Celebrity Pictures and Shopping)
Celebrities Are Going Dapper in Tuxedo Pants — See Who's Obsessed!
As POPSUGAR editors, we independently select and write about stuff we love and think you'll like too. POPSUGAR has affiliate and advertising partnerships so we get revenue from sharing this content and from your purchase.
Celebrities Are Going Dapper in Tuxedo Pants — See Who's Obsessed!
Move over colored jeans and printed denim. There is a new celebrity obsession that has taken over Hollywood: tuxedo pants. Tinseltown trendsetters have been spotted donning the dapper bottoms with everything from blazers and pumps to slick leather jackets and combat boots. Gwen Stefani went edgy-chic in an orange blazer and gray tuxedo pants in LA, Miranda Kerr was prim and polished in cropped A.L.C. trousers and patent Manolo Blahnik pumps in NYC, while Jessica Alba brought florals to Fall in a blooming Stylestalker blazer and blue Current/Elliott tuxedo-stripe denim in LA. Cruise through to see what other fashionistas have been rocking these dashing bottoms, then test-drive the trend in similar, and exact pairs, for yourself.


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The number of ways stars can find to die bizarre deaths will never cease to amaze me.
Some explode, supernovae which blast radiation across the Universe. Others fade away slowly over hundreds of billions of years, longer than the cosmos has been around. Some blow off winds of gas and dust, taking on strange shapes from perfect spherical shells to elongated structures that look like two jellyfish kissing.
And then some – a very few – are like R Sculptoris, a red giant on the thin hairy edge of death. And its death is both spectacular as well as just plain old damned weird.
Check THIS out:
This is not a drawing! It's actual data, observations of R Sculptoris made using the Atacama Large Millimeter/submillimeter Array (ALMA). ALMA looks at light far too low energy for our eyes to see; it's actually out past infrared in the spectrum. Cold dust and gas emits light at this wavelength, including carbon monoxide. That molecule is created copiously in red giants and shines brightly in the submillimeter, making it easy to see with 'scopes like ALMA. That's nice, because CO can be used as a tracer for other, harder to detect molecules like hydrogen. Looking at CO really tells you a lot about what's going on in the gas and dust.
And what's going on? Ah, this is the really cool part.
When a star like the Sun (either a bit less massive, or up to about 8 times as massive) ages, the core heats up, which causes the outer part of the star to expand (like a hot air balloon), turning it into a red giant. The details are complicated – read this post on a similar star where I explain it in more detail (and you want to because the details are awesome) – but the bottom line is that helium builds up in a thin shell outside the star's core, where it fuses into carbon. The fusion rate is insanely sensitive to temperature, and periodic imbalances in temperature cause vast and very sudden increases in the fusion rate – and by sudden I mean over a timescale of just a handful of years, the blink of an eye to a star. Called a thermal pulse, this huge fireball of energy is dumped into the star's interior, blows upward like a tsunami, and then blasts material clear off the star's surface.
The result is an epic paroxysm which blows out a massive wave of material, expanding in a sphere around the star. We've seen this before, like in the star U Cam. After a few years, you get an eerie detached shell of expanding material, like a smoke ring trillions of kilometers across.
OK, so that's the thin shell thing on the outside. So what's the deal with R Sculptoris that makes that freaky inner spiral pattern?


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Officials: 16 killed in road accident in Egypt
ASSUIT, Egypt (AP) — Officials say a truck collided with a bus on a highway in southern Egypt that was flooded after heavy rains, killing 16 people.
A security official in the city of Assiut said the bus driver lost control of the wheel on an inundated stretch of road, striking the truck and then overturning. The official spoke on condition of anonymity because he wasn't authorized to speak to reporters.
Health official Ahmed Abdel-Hamid said 16 were killed and five injured in the Monday accident.
Unusually heavy seasonal rain and floods hit Egypt on Sunday, inundating homes in rural areas. Another eight died when a bus overturned on a flooded road near the Red Sea coastal resort of Hurghada. Separately, the ceiling of its airport collapsed.
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A bra that fits well can do more than just help you look good — it can also make you feel healthier. "A bra that's too big, too small or just doesn't fit right can cause back pain, irritate your skin and generally make you feel uncomfortable," says Jené Luciani, author of The Bra Book. Follow these buying tips from Dalian YouLan to find the perfect bra, no matter what your shape or size.
1. Measure before you go.
Your bra size can change from year to year, so make sure you're up to date. Changes in weight and hormonal fluctuations (pregnancy, breastfeeding, menopause) can both affect size. Use a flexible cloth measuring tape to measure two areas: directly below your breasts around your rib cage, and around the fullest part of your breasts. The first number determines your band size, the second your cup size—each inch above your band size equals one cup size. So if your band measurement is 32 inches and your cup 35 inches, you'd be a 32C. You can also ask a salesperson at a lingerie or department store to do it for you. But it's a good idea to have some baseline numbers before you go.
2. Wear a T-shirt when you shop.
This way you'll be able to see what the bra looks like even under the thinnest clothing.
3. Try it on the right way.
Lean about halfway forward, swoop and scoop your breast tissue into the cups, then fasten the back. Stand up and adjust the straps to ensure that all of your breast tissue is where it should be.
4. Watch for key fit concerns.
On the no-no list: Boob spillage over the top of the cups (too small). Gaping in the cups (too big). Straps digging into your shoulders or sliding down. Any kind of pinching in the backband, or rolls of skin that bulge beyond the edge. You should be able to comfortably fasten a bra on the second or third hook—if only the last hook will do, it's too small. The bridge of the bra (centered between the cups) and the underwire around the sides should sit completely flush with the skin.
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Depending on how often it's washed and worn, the average bra can last from 6 months to a year without getting stretched out. Investing in two or three styles at once means you'll have plenty of choices in the months ahead
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Katy Perry's already "got the eye of the tiger," but now she's also got her ears tuned to her very own vanity music label.
In a collaboration unlike any she's done thus far, the pop singer joined forces with her own record label, Capitol, to launch Metamorphosis Music.
And she took to social media to ecstatically make the announcement, while also revealing singer/songwriter Ferras Alqaisi as her first signed artist.
Singing the newly signed crooner's praises on Twitter--declaring him "incredibly talented &soulful"--Perry promoted his self-titled EP that she produced which includes their duet, "Legends Never Die."
PHOTOS: See these musicians performing live on stage!
Ferras took to Instagram to do some promoting of his own!
"The secret is out! I've signed to my dear friend @katyperry's new record label Metamorphosis Music. Today is the day that my EP is finally out and I'm so happy I now get to share it. Let me know what u think!!! Also, catch me opening up for Katy on #ThePrismaticWorldTour starting June 22!..." the pop singer shared his album cover with a rapidly increasing legion of fans.
PHOTOS: Take a look at Katy Perry's rise to fame!
According to USA Today, this is not his first foray into the music industry. The up-and-comer was discovered by Limp Bizkit lead singer Fred Durst while he was still studying at Berklee College of Music and was subsequently signed to Capitol Records in 2007. That led to his chance meeting with Perry and their new promising partnership.
"Ferras is a man with a message, and a unique lyrical way of communicating his perspective on life that makes you feel connected to every note when you listen," the "Dark Horse" singer said in a statement about the signing. "I believe he is going to be an important artist to watch unfold."
PHOTOS: Check out Katy Perry's Prismatic World Tour costumes!


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Columns & Blogs
Bobcats playing too well to tank
There are two ways the Charlotte Bobcats can go.
They can tank, lose games they ought to win and get a guaranteed lottery pick. I believe in karma (for people other than me). I believe that because of the Bobcats' consistently abysmal lottery luck they will, if they get in, win a higher pick than their record suggests. The 2014 draft is vast. It looks like a reward.
When I say tank, Rod Higgins, Charlotte's president of basketball operations, looks as if he was stricken by a sudden disease.
Of course, the Bobcats aren't going to lose intentionally. You can't ask a starter such as Kemba Walker or a reserve such as Jeff Adrien to give less than they have. You can't ask anybody on the roster, any player or coach or executive. They didn't make it to the NBA by going at half speed.
But there are ways to subtly slip into the lottery. As the Feb. 20 trade deadline approaches, the Bobcats could draw in instead of reaching out for a player who can lift them.
Charlotte coach Steve Clifford said before the Charlotte-Dallas game at Time Warner Cable Arena Tuesday that Charlotte's actions will depend on "who's available and what makes sense."
At halftime, Higgins says he can't put a percentage on the likelihood of a trade.
"But the thing you should know is we're definitely shaking the tree," he says.
Higgins wants to trade. He wants to improve.
He goes so far as to say that he hopes "a trade pans out."
Higgins is tired of losing. They all are. They won fewer games in 2011-12 than some teams win in two weeks. They won seven. Last season they won 21.
The Bobcats' impressive 114-89 victory against Dallas gave them 23 victories. They're in eighth place in the Eastern Conference and 1½ games behind seventh-place Brooklyn.
Obviously, they don't want to finish eighth or seventh and open against Indiana or Miami. They're six games below .500. Going into Tuesday's games, only four teams in the conference were above .500. Atlanta was one game above and Toronto three.
With center Al Jefferson (30 points Tuesday) playing like an all-star and the Bobcats creatively and consistently and, against Dallas, beautifully finding ways to get him the ball, they can be pretty good.
Of course the Bobcats can't give up a player and undermine the progress they've made.
But how long do they wait? The season is their 10th. They made the playoffs once, and they were guests, swept by Orlando. And they made the playoffs only because of two veterans who, as talented and as versatile as they were, had peaked. They were never as effective again.
The Bobcats are (said to be) interested in Philadelphia's 6-foot-7 Evan Turner. Give him room, or the opportunity to create it, and watch him work. He averages 17.4 points, six rebounds and 3.7 assists. He shoots 43.1 percent from the field. (He's not a 3-point threat; he shoots 28.7 from deep.)
In the last 10 games, however, Turner and his team have gone into the – sorry, Rod – tank. In that span Turner has averaged 12.8 points, 5.2 rebounds and 3.6 assists. He's shot 37.8 percent from the field.
The Bobcats presumably are offering Ben Gordon, whose contract expires after the season, and a first-round pick. But which pick? They own Portland's, which will be late, and Detroit's, which will be good to decent.
Turner's contract also expires at the end of the season. He might want max money and he's not a max player. But by joining Jefferson and Walker and Josh McRoberts, who had 13 assists all by himself Tuesday, he would get opportunities he doesn't now.
A wing that can score is an interesting concept.
So is trading not to move up in the draft but to win.


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Hillary Clinton and Donald Trump will make their third appearances on "The Tonight Show Starring Jimmy Fallon" in the week preceding the first presidential debate of the general election.
Trump's appearance on "The Tonight Show" is scheduled for Sept. 15, and Clinton's for Sept. 19.
Last week, the Democratic and Republican presidential nominees appeared on NBC's Commander in Chief forum, hosted by Matt Lauer. The two rivals appeared separately at the forum, answering questions and talking issues of national security and the military.
The upcoming debate, to be moderated by NBC News anchor Lester Holt, is set for Sept. 26. It will be the first time Trump and Clinton publicly go head-to-head on policy.
The question-and-answer style debate is scheduled for 90 minutes, beginning at 9 p.m. Eastern time.


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Manage my Android device
This article only applies to G Suite customers. Learn more about G Suite.
If your Android device is missing, you can remotely locate, ring, wipe, or lock it from a web browser. If your device is lost or stolen, contact your G Suite administrator to find out if they should remotely wipe it.
There are two ways to remotely manage your Android device:
- You can manage your device using Find My Device.
- If the device has the Google Apps Device Policy app installed, you can sign in to your My Devices page. Your administrator doesn't have access to your My Devices page.
Note: The maximum number of devices that can be displayed per G Suite account is 100.
You can only manage your device if it's turned on and connected to a network. For example, you can't manage your device if it's in airplane mode.
- Using your G Suite account information, sign in to your My Devices page.
- Click the device you need to manage and select from the following options:
- Reset PIN: Resets the PIN you use to unlock your device.
- Ring Device: Rings your device at a high volume for 5 minutes to help you locate it. Your device will ring, even if it's in silent mode or if the volume is turned off.
- Lock Device: Locks your device with your PIN. This setting is useful if you lose your device and want to prevent unauthorized access.
Note: For certain Android devices that have non-standard lock and screen timeout features, Lock Device just shuts off the screen.
- Wipe Device: When you click Wipe Device, you will be asked to confirm that you want to remotely wipe your device. Your administrator needs to enable this setting for it to appear on your My Devices page.
Note: You should always consult with your administrator before wiping your device, as it will erase your personal data, such as mail, calendar, and contacts. However, it might not delete data stored on your device's SD or removable storage card. Regardless, your G Suite data remains available through a web browser and on other authorized mobile devices. Only wipe your device if you think it's lost or stolen.
- Locate: When you click Locate device now, your device is located in Google Maps. To determine your device's location, it must be turned on and connected to a network with location services turned on. Your location is only accessible on this page, and it's never shared with anyone else.
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Orthopedic Latex Line
Stella's Corset is the best solution for slimming, shaping, loosing inches off your body while looking sexier and feeling good, giving you the maximum back support and posture you need. Our Slimming Orthopedic Corsets can instantly improve your body shape while giving you an hourglass figure.
Our corsets and vests will allow you to mold your body figure. A slimming orthopedic corset will help you to lose weight and look slimmer instantly due to its latex material that is made of.


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Smartly dressed
A welcome change or reign of the fashion police? Students, parents and staff comment on the new district-wide uniform policy.
(page 2 of 2)
C&J School Uniform Co. also hems pants and skirts to school-appropriate lengths so they can be adjusted later.
"Customers can bring them back in two or three months so we can let down the hem an inch," she says. "It's enough to get them to the next growth spurt."
Edwards also has seen more family harmony as the uniform policy has spread throughout TPS. She has heard feedback from families shopping in her store that mornings are a lot smoother because it's easier to get kids dressed, especially girls.
"It cuts down on the confusion in the house and the ugliness at the breakfast table," she says. "Families can discuss what they'll do at night rather than argue in the morning."
For some families, uniforms represent a fashion issue or barrier to personal expression. For other families, the hurdle is financial. In TPS, 87 percent of students are in the free or reduced-cost lunch program.
Foreseeing potential objections to cost, TPS considered clothing assistance in its uniform policy, stating, "No student will be denied an education due to a bona fide financial inability to obtain clothing that complies with the school dress code."
The district and individual schools have several options for getting students the khakis, polos and other assorted items they need at a reduced or no cost.
At Will Rogers College High School and Junior High, parents and students are building a uniform closet filled with new or gently worn separates. Principal Stacey Vernon says the items come from the PTA, staff or parents. School counselors or social workers also get uniforms from other resources.
It helps that most students at Rogers have worn uniforms in earlier grades, so the new policy presented virtually no learning curve. Some Rogers students even spoke at the school board meeting in spring 2012 in favor of the uniform policy.
And many have found ways to personalize their looks. Students, for example, have leeway with the color and style of lanyards that hold their student IDs.
"We allow some flexibility with socks and belts, if they're not distracting," Vernon says. "Some students have hair that's a different color every week — blue, red, purple (something not allowed in younger grades). That's one way of expressing themselves."
The students at Rogers also can request additions to the approved uniform list, such as blazers with the 1939 school crest.
"They're for high schoolers only," Vernon says. "Some students wear them every day; others for college visits."
The policy has other pluses.
"As an administrator, it's easy for me to glance down the hall to see if someone isn't a student and doesn't belong there," she says.
For her students, wearing uniforms takes the pressure off and removes the anxiety that can result in keeping up with the Joneses.
"Several students own just two pairs of pants, but no one has to know that," Vernon adds.
Terri Hozhabri is the executive director of Project Elf, an organization she founded with Laurie Tilley that helps students with the basics they need for school — including uniforms.
"We keep an inventory of kids', juniors' and men's and women's sizes, mostly new, usually on sale or donated," she says.
In addition to supplying uniforms, the organization also provides winter coats, hats, gloves and shoes.
Project Elf doesn't work directly with families, but through school counselors or social workers.
"There are some heart-wrenching stories of parents being out of work or in need," Hozhabri says. "We have students in every school. With uniforms, though, no one knows who's living in a shelter or who's living in a home. That's made it easier on the kids."
The TPS website provides no shortage of items on the what-not-to-wear list (cue the cheers from parents, school officials, and Stacy and Clinton of the TLC hit TV show by the same name). Gone are exposed bra straps, plunging necklines, off-the-shoulder tops or bare backs. Spaghetti straps are history; tank tops must have shoulder straps that are a minimum of two fingers wide (two adult fingers).
No more tattoos showing, no T-shirts with crude, vulgar, profane or gang-related symbols, mottoes, words or acronyms, according to policy. Excessively large or baggy pants are but a distant memory.
Expectations for the allowed pieces are especially aspirational. Shirts or blouses must be appropriately buttoned. Sleeveless garments can't expose undergarments or "be otherwise immodest" (there's a word not heard in many rap songs). Also, "garments must be of appropriate length, cut and/or fit to meet these requirements while sitting and/or bending." Really, no butt cracks?
And, in case there was any doubt, suspender straps must be attached and worn on shoulders, zippers on pants and shirts must be zipped (thank you), and belts must be fastened.
Pants and shorts are worn at the waist, which means no boxers or briefs can be visible. Pant legs can't puddle on the ground below the heel of the shoe. No bike shorts, no swimwear, no sleepwear. Forget dog collars, tongue rings or studs. Pierced jewelry is for ears only. Bye-bye house slippers, shower slippers, curlers and bandanas. Sunglasses are no-nos in the classroom. Don't even think about chains that connect one part of the body to another (was anyone thinking about that?) because it's strictly taboo.
What about every kid's favorite staple, the hoodie? The answer varies by school. But as rules are made, rules can change. As Heidi Klum tells her designers, "in fashion, one day you're in, and the next day you're out."


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No. 91,523
and ROGER KANDT,
Upon reviewing Kansas law, the answer to the certified question regarding whether self-insurers are required to provide UM/UIM benefits is no.
On certification of two questions of law from the United States Court District Court for the District of Kansas, J. THOMAS MARTEN, judge. Certified question one is not addressed; certified question two is determined. Opinion filed June 10, 2005.
E. Craig Kennedy, of Johnson, Kennedy, Dahl & Willis, of Wichita, argued the cause, and Gerald W. Scott, of Law Office of Gerald W. Scott, P.A., of Wichita, was with him on the brief for plaintiffs.
Timothy S. Pickering, of Southwestern Bell Telephone, L.P., of Topeka, argued the cause, and Bruce A. Ney and Melanie N. Sawyer, of Southwestern Bell Telephone, L.P., of Topeka, were with him on the brief for defendant.
The opinion of the court was delivered by
Per Curiam: The United States District Court for the District of Kansas certified two questions regarding the application of uninsured motorist coverage to a self-insured employer: (1) "Are [plaintiffs'] claims barred by the exclusive remedy provision of the Workers Compensation Act," and (2) "In Kansas, is a self-insurer required to provide uninsured motorist benefits to the occupants of its motor vehicles"?
On September 15, 1997, Roger Kandt was involved in an automobile accident in Wichita, Kansas. At the time of the accident, Kandt was driving a motor vehicle owned by his employer, Southwestern Bell Telephone Company (SBC). The driver of the other vehicle was Roman Williams, an uninsured motorist.
As a result of the accident, on December 15, 1999, Kandt filed a lawsuit in state district court against Williams. On September 15, 2000, Kandt was awarded a judgment against the uninsured, Williams, in the amount of $593,229. At the time of the accident, Kandt had an individual policy of automobile insurance with Farmers Insurance Company, Inc. (Farmers). Farmers paid Kandt $100,000 of the judgment against Williams pursuant to the uninsured motorist coverage provided by its automobile insurance policy with Kandt.
In December 1997, Kandt filed a claim for workers compensation with SBC. The workers compensation claim was settled on March 21, 2002. As a result of the settlement, Kandt was awarded workers compensation benefits from SBC totaling $83,054.15, which consisted of temporary total and permanent partial disability compensation in the amount of $43,664.12, and medical and hospital expenses in the amount of $39,390.03.
On November 13, 2002, Farmers and Kandt filed suit against SBC, a self-insured entity under the laws of the State of Kansas, for $500,000. Kandt sought payment by SBC for the judgment entered against the uninsured motorist. Farmers sought reimbursement from SBC for the $100,000 it had paid to Kandt pursuant to the uninsured motorist provision of its automobile insurance policy.
On December 16, 2002, SBC removed this action on the basis of diversity jurisdiction from the district court of Sedgwick County to the federal district court of Kansas. Pursuant to K.S.A. 60-3201, this court may answer questions of law certified to it by a United States district court. The United States District Court for the District of Kansas certified two questions. The questions are: (1) Are plaintiffs' claims barred by the exclusive remedy provision of the Workers Compensation Act, and (2) under Kansas law, is a self-insurer required to provide uninsured motorist benefits to the occupants of its motor vehicles? A certified question of law is reviewed using an unlimited standard. Danisco Ingredients USA, Inc. v. Kansas City Power & Light Co., 267 Kan. 760, 765, 986 P.2d 377 (1999).
To follow the order of the parties' briefs and the decision of a majority of this court, we analyze the certified questions in reverse order from that posed by the federal district court.
Under Kansas law, is a self-insurer required to provide uninsured motorist benefits to the occupants of its motor vehicles?
To determine whether the Kansas uninsured/underinsured motorist (UM/UIM) statute applies to self-insured employers, we first look to the language of the statute. When interpreting the language of a statute, the fundamental rule is that the intent of the legislature governs if that intent can be ascertained. Williamson v. City of Hays, 275 Kan. 300, 305, 64 P.3d 364 (2003).
Courts presume that the legislature expressed its intent through the language of the statute, so when a statute is plain and unambiguous, the court must give effect to the legislature's intent as it is expressed. 275 Kan. at 305. When interpreting a statute, ordinary words are given their ordinary meanings. A statute should not be read to add something that is not found in the plain words used by the legislature or delete something that is clearly found within the ordinary language used. GT, Kansas, L.L.C. v. Riley County Register of Deeds, 271 Kan. 311, 316, 22 P.3d 600 (2001).
The UM/UIM statute, K.S.A. 40-284, provides in pertinent part:
"(a) No automobile liability insurance policy covering liability arising out of the ownership, maintenance, or use of any motor vehicle shall be delivered or issued for delivery in this state with respect to any motor vehicle registered or principally garaged in this state, unless the policy contains or has endorsed thereon, a provision with coverage limits equal to the limits of liability coverage for bodily injury or death in such automobile liability insurance policy sold to the named insured for payment of part or all sums which the insured or the insured's legal representative shall be legally entitled to recover as damages from the uninsured owner or operator of a motor vehicle because of bodily injury, sickness or disease, including death, resulting therefrom, sustained by the insured, caused by accident and arising out of ownership, maintenance or use of such motor vehicle, or providing for such payment irrespective of legal liability of the insured or any other person or organization. No insurer shall be required to offer, provide or make available coverage conforming to this section in connection with any excess policy, umbrella policy or any other policy which does not provide primary motor vehicle insurance for liabilities arising out of the ownership, maintenance, operation or use of a specifically insured motor vehicle."
Without addressing the language of the statute, Farmers and Kandt argue that Kansas courts have equated self-insured retentions with other insurance and concluded that self-insurers must be treated the same as insurers. To support this conclusion, they rely on AT&SF Ry. Co. v. Stonewall Ins. Co, 275 Kan. 698, 749, 71 P.3d 1097 (2003).
After review, we note that AT&SF Ry. Co. does not support Farmers and Kandt's general conclusion that self-insureds must be treated like other insurers. In AT&SF Ry. Co., the issue was whether the insurance policies, which provided excess insurance, required indemnification of AT&SF for settlement payments it made to employees who had suffered work-related hearing loss. AT&SF claimed that its self-insured retentions (SIR's) were not "other insurance" within the terms of its insurance policies and that the excess liability insurers' policies, by contract, provided primary indemnification.
The AT&SF Ry. Co. court looked beyond the narrow definition of "insurance" to determine the purpose of the "other insurance" clause in AT&SF's excess insurance policies. The court reasoned that it was unacceptable for AT&SF to "'manipulate the source of its recovery and avoid the consequences of its decision to become self-insured'" by focusing on the literal interpretation of the word "insurance." 275 Kan. at 749. Inherent in the AT&SF Ry. Co. court's analysis was the court's interpretation of the excess insurance policies rather than a general analysis of self-insurers. The court noted this limitation, stating: "We conclude that the SIRs are 'other insurance' within the meaning of the policies in the present case." 275 Kan. at 749. Accordingly, AT&SF Ry. Co. does not provide a general conclusion regarding self-insurers that can be applied to this case.
SBC argues that the plain language of the statute applies only to purchased insurance policies and does not include self-insurers. SBC reasons that a certificate of self-insurance is not an automobile liability policy delivered or issued for delivery in this state because a self-insurer cannot contract with itself or pay premiums to itself. To support its conclusion that a certificate of self-insurance is not the same as an automobile liability insurance policy, SBC relies on Overbaugh v. Strange, 254 Kan. 605, 867 P.2d 1016 (1994). We also find that Overbaugh does not support this conclusion.
The Overbaugh court considered whether an out-of-state, self-insured employer was required to provide a defense for its negligent employee. The Overbaugh court concluded that the employer had not qualified as a self-insurer in Kansas because it had failed to file the necessary form with the Kansas Insurance Commissioner to be a self-insurer. As a result, the employer was required to comply with the requirements of K.S.A. 40-3107 (required contents for motor vehicle liability insurance policies) rather than K.S.A. 40-3104(f) (required coverage for self-insurers). 254 Kan. at 612. We conclude that Overbaugh does not determine whether an in-state, self-insured employer is equivalent to a motor vehicle liability insurer.
As noted by SBC, K.S.A. 40-284 refers specifically to an "automobile liability insurance policy." We note that a policy of insurance is "[a]n instrument in writing, by which one party (insurer), in consideration of a premium, engages to indemnify another (insured) against a contingent loss, by making him a payment in compensation, whenever the event shall happen by which the loss is to accrue." Black's Law Dictionary 1157 (6th ed. 1990). SBC does not contract with itself or pay premiums to itself. Thus, SBC does not issue a policy of insurance.
A further review of the appropriate statutes reveals that our legislature has separately defined insurers and self-insurers. K.S.A. 40-3103(g) defines an insurer as "any insurance company, as defined by K.S.A. 40-201, and amendments thereto, authorized to transact business in this state, which issues policies of motor vehicle liability insurance covering liability arising out of the ownership, operation, maintenance or use of a motor vehicle." K.S.A. 40-201 provides: "For the purposes of this article the term 'insurance company' shall, unless otherwise provided, apply to all corporations, companies, associations, societies, persons or partnerships writing contracts of insurance, indemnity or suretyship upon any type of risk or loss."
K.S.A. 40-3103(u) defines a self-insurer as "any person effecting self-insurance pursuant to subsection (f) of K.S.A. 40-3104, and amendments thereto, or any non-resident self-insurer that has filed the form prescribed in subsection (b) of K.S.A. 40-3106, and amendments thereto." K.S.A. 40-3104(f) provides:
"Any person in whose name more than 25 motor vehicles are registered in Kansas may qualify as a self-insurer by obtaining a certificate of self-insurance from the commissioner of insurance. The certificate of self-insurance issued by the commissioner shall cover such owned vehicles and those vehicles, registered in Kansas, leased to such person if the lease agreement requires that motor vehicle liability insurance on the vehicles be provided by the lessee. Upon application of any such person, the commissioner of insurance may issue a certificate of self-insurance, if the commissioner is satisfied that such person is possessed and will continue to be possessed of ability to pay any liability imposed by law against such person arising out of the ownership, operation, maintenance or use of any motor vehicle described in this subsection. . . .
"Upon notice and a hearing in accordance with the provisions of the Kansas administrative procedure act, the commissioner of insurance may cancel a certificate of self-insurance upon reasonable grounds. Failure to provide liability coverage or personal injury protection benefits required by K.S.A. 40-3107 and 40-3109, and amendments thereto, or pay any liability imposed by law arising out of the ownership, operation, maintenance or use of a motor vehicle registered in such self-insurer's name, or to otherwise comply with the requirements of this subsection shall constitute reasonable grounds for the cancellation of a certificate of self-insurance. . . .
"Self-insureds shall investigate claims in a reasonably prompt manner, handle such claims in a reasonable manner based on available information and effectuate prompt, fair and equitable settlement of claims in which liability has become reasonably clear.
"As used in this subsection, 'liability imposed by law' means the stated limits of liability as provided under subsection (e) of K.S.A. 40-3107, and amendments thereto."
A self-insurer must be able to pay any liability assessed against it that is not greater than $25,000 due to bodily injury or death of one person from a single accident or not greater than $50,000 due to bodily injury or death of more than one person from a single accident. See K.S.A. 40-3104(f); K.S.A. 40-3107(e). Likewise, the self-insurer must be able to pay any liability of not greater than $10,000 due to the destruction of another person's property in a single accident. K.S.A. 40-3107(e). We note that K.S.A. 40-3107 does not include UM/UIM coverage.
Since the Kansas Automobile Injury Reparations Act (KAIRA), K.S.A. 40-3101 et seq., was originally enacted, the legislature has limited the requirements for self-insurers. As originally enacted, K.S.A. 40-3104 provided:
"Any person in whose name more than twenty-five (25) motor vehicles are registered may qualify as a self-insurer by obtaining a certificate of self-insurance from the commissioner of insurance. Upon application of any such person, the commissioner of insurance may issue a certificate of self-insurance, if the commissioner is satisfied that such person is possessed and will continue to be possessed of ability to pay any judgment obtained against such person arising out of the ownership, operation, maintenance or use of any motor vehicle registered in such person's name." (Emphasis added.) L. 1973, ch. 198, sec. 4(d).
The legislature's use of the phrase "any judgment" in the original version of K.S.A. 40-3104(f) must be compared with the current statutory language which refers to "any liability imposed by law." The addition of the term "liability" is significant to the meaning of the statute. Although a self-insurer was originally required to pay any judgment against it, the self-insurer is now only required to pay any liability judgments within established limits.
The legislature has not defined "liability" in the KAIRA. The term "liability" could be interpreted broadly to include any type of legal responsibility for damages due to bodily injury, death, or property destruction, including any injuries to the persons occupying the self-insured vehicle or damages to the self-insured vehicle, regardless of fault. See Black's Law Dictionary 914 (6th ed. 1990). A broad definition would include UM/UIM coverage because fault would not be probative on the issue of liability. The legislature's use of the phrase "arising out of" in K.S.A. 40-284 and K.S.A. 40-3104(f) supports a broad definition.
However, a careful review of the language in K.S.A. 40-284 indicates that the legislature has defined "liability" narrowly to include only the damages caused by accident and arising out of the ownership, operation, maintenance, or use of the self-insurer's vehicle. In K.S.A. 40-284, the legislature refers to an "automobile liability insurance policy" and states that such policy must have a provision for UM/UIM coverage with limits equal to the "limits of liability coverage for bodily injury or death." (Emphasis added.) By requiring the UM/UIM coverage to have the same limits as the liability coverage, the legislature distinguishes the two. If the legislature considered liability coverage broadly to incorporate UM/UIM coverage, there would be no need to require equivalent coverage limits because they would already be the same. This narrow definition of "liability" depends on fault. Black's Law Dictionary defines liability insurance as "[t]hat type of insurance protection which indemnifies one from liability to third persons as contrasted with insurance coverage for losses sustained by the insured." Black's Law Dictionary 915 (6th ed. 1990). Thus, liability only results when the self-insured vehicle causes the injuries or damages. UM/UIM coverage, by its very name, requires the fault to lie with the other vehicle, not the self-insured vehicle. Accordingly, the legislature has not incorporated UM/UIM coverage in the term "any liability imposed by law" as used in K.S.A. 40-3104(f).
Furthermore, the legislature's distinction between liability insurance and UM/UIM coverage is further emphasized by the organization of the statutory requirements. Not only are the UM/UIM requirements in a separate statute, they also appear in separate legislative acts that preceded the KAIRA. See L. 1968, ch. 273 (K.S.A. 40-284); L. 1973, ch. 198 (K.S.A. 40-3101 et seq.). We note that when the legislature enacted the KAIRA, it did not incorporate K.S.A. 40-284 into the KAIRA, but left K.S.A. 40-284 in the general statutes pertaining to insurers and insurance policies. See K.S.A. 40-201 et seq. If the legislature had intended for self-insurers to comply with K.S.A. 40-284, it would have specifically included that requirement in K.S.A. 40-3104(f). Accordingly, the answer to the federal district court's question is NO, self-insurers in Kansas are not required to provide UM/UIM coverage to the occupants of its motor vehicles.
Our analysis of the legislation affecting self-insurers and UM/UIM coverage reveals four premises that support the conclusion that the legislature intended to treat self-insurers and insurers differently. First, the legislature, when enacting K.S.A. 40-284, used specific language which refers to an "automobile liability insurance policy." Second, our legislature defined insurer and self-insurer differently without stating that self-insurers were equivalent to insurers. Third, the statutory language implies a narrow definition of liability and limits the requirements for self-insurers. Fourth, the UM/UIM statute was placed in the general statutes pertaining to insurers rather than in the KAIRA.
Based on our analysis of the applicable statutes, the legislature articulated its intent to treat self-insurers differently than insurers. Thus, the requirements for insurers cannot be applied to self-insurers without a specific statement of the legislature. The legislature has outlined specific requirements for self-insurers and did not include a requirement that self-insurers provide UM/UIM coverage.
Are plaintiffs' claims barred by the exclusive remedy provision of the Workers Compensation Act?
Because this court's analysis determined that a self-insurer is not required to provide UM/UIM coverage, we will not address the federal district court's question regarding the exclusivity of workers compensation.
Certified question one is not addressed; certified question two is determined and the answer is no.
GERNON, J., not participating.
DAVIS, J., dissenting: I disagree with the majority analysis that the legislation affecting self-insurers and UM/UIM coverage supports the conclusion that the legislature intended to treat self-insurers and insurers differently. In reaching its conclusion, the majority first reasons that the legislature, when enacting K.S.A. 40-284, used specific language which refers to an "automobile liability insurance policy"; second, the legislature defined insurer and self-insurer differently without stating that self-insurers were equivalent to insurers; third, the statutory language implies a narrow definition of liability and limits the requirements for self-insurers; and fourth, the UM/UIM statute was placed in the general statutes pertaining to insurers rather than in the KAIRA.
Although there are no Kansas appellate court decisions on this issue, the parties acknowledge that authority exists in other jurisdictions for both sides of the issue. I believe this court should look at those jurisdictions which have recognized similar purposes for insurance laws as Kansas. I note that Kansas appellate courts have been consistent in stating the purpose of Kansas insurance laws and equally consistent on how those laws should be construed. In DeWitt v. Young, 229 Kan. 474, 478, 625 P.2d 478 (1981), this court stated:
"The legislative purpose mandating motor vehicle liability insurance for every motor vehicle driven on Kansas public highways is again expressed in K.S.A. 1980 Supp. 40-3118(a), and also in K.S.A. 40-284 which requires uninsured motorist coverage to protect an insured who is injured by an uninsured owner or operator of a vehicle."
In Winner v. Ratzlaff, 211 Kan. 59, Syl. ¶ ¶ 1, 2, 505 P.2d 606 (1973), this court recognized that the purpose of legislation mandating the offer of uninsured motorist coverage is to fill the gap inherent in motor vehicle financial responsibility and compulsory insurance legislation. The Winner court stated this coverage is intended to provide recompense to innocent persons who are damaged through the wrongful conduct of motorists who, because they are uninsured and not financially responsible, cannot be made to respond in damages. Remedial statutes mandating the offer of uninsured motorist coverage should be liberally construed to provide the intended protection.
Probably the best discussion of this issue is found in Cowell v. Allstate Insurance Co., 175 Vt. 61, 69-71, 819 A.2d 727 (2003). I note that Vermont is similar to Kansas in that it has a financial responsibility law and a separate uninsured motorist law. The Vermont Supreme Court held that these two statutes must be considered together. In Cowell, the Vermont court reviewed decisions from many jurisdictions on this issue and then concluded:
"First, the Legislature intended self insurance to operate on an equal footing with traditional liability insurance. Second, requiring Bell Atlantic to provide UIM benefits to injured workers is not inconsistent with the purpose of the Workers' Compensation Act and our precedents interpreting it. Third, the Legislature's intent to create universal UIM coverage should not be defeated by an employer's choice to self insure. . . .
. . . .
". . . Bell Atlantic asks this Court to construe the statute to exclude self insurers because § 941(f) refers to a 'policy' of insurance and self insurers do not issue 'policies.' To conclude Bell Atlantic's interpretation of § 941(f) is the correct one, we would have to agree that the Legislature intended § 941(f) to exclude from its protection all motorists insured through self-insurance plans or surety bonds. That construction of § 941(f) is incompatible with the Legislature's intent to equate self insurance with a commercial insurance policy. . . . Bell Atlantic has not offered any rationale for making the distinction between commercial insurers and self insurers that it suggests here, and we cannot discern one from the statutory language. Consequently, we conclude that § 941(f) directs mandatory UM/UIM coverage in all forms of motor vehicle insurance, including self insurance, so that all motorists have minimum protection from financially irresponsible drivers." 175 Vt. at 69-71.
In AT&SF Ry. Co. v. Stonewall Ins. Co., 275 Kan. 698, 71 P.3d 1097 (2003), this court was faced with multiple issues. One of the issues was whether AT&SF Ry. Co.'s (Santa Fe) self-insured retentions constituted "other insurance" that had to be exhausted before excess insurers might be liable. Santa Fe argued its self-insured retentions did not satisfy the policy requirements of "other valid and collectable insurance." We disagreed and concluded that the self-insured retentions were other insurance under the policy and, thus, were primary insurance. 275 Kan. at 753. We could not ignore the stated terms of the policies or the reality of self-insured retentions as primary insurance where the expectation and intent is to provide excess coverage. 275 Kan. at 754. We also concluded that under the facts of that case, Santa Fe's self-insured retentions constituted primary coverage for noise-induced hearing loss claims and, as such, were other insurance under the excess policies. Santa Fe was, therefore, required to exhaust the self-insured retentions before it could seek recovery under those policies. 275 Kan. 698, Syl. ¶ 7.
Clearly, this court treated self-insured retentions as insurance and placed a self-insurer in the same position as one who had purchased an insurance policy. Therefore, the answer to the second certified question is yes, in Kansas a self-insurer is required to provide uninsured motorist benefits to the occupants of its motor vehicles.
Are plaintiffs' claims barred by the exclusive remedy provision of the Workers Compensation Act?
When addressing this issue, we must be mindful of the well-established rule in Kansas applicable to uninsured motorist claims. This court consistently has held that uninsured and underinsured motorist statutes are remedial in nature and should be liberally construed to provide broad protection. See, e.g., Kilner v. State Farm Mut. Auto. Ins. Co., 252 Kan. 675, Syl. ¶ 2, 847 P.2d 1292 (1993). Likewise, this court has always held that the purpose of the uninsured motorist legislation was to fill the gap in motor vehicle financial responsibility laws and provide a method for innocent persons damaged through the wrongful conduct of uninsured motorists who cannot be made to respond for the damages they caused. See 252 Kan. 675, Syl. ¶ 1.
The first place the majority should look when considering SBC's argument is the workers compensation statute. The exclusive remedy set forth in the statute applies to "personal injury by accident" (K.S.A. 44-501[a])ndash;a tort action. This court has held that an uninsured motorist or underinsured motorist claim is not a tort action but a contract action. See Van Hoozer v. Farmers Insurance Exchange, 219 Kan. 595, 610-11, 549 P.2d 1354 (1976). For that reason alone, K.S.A. 44-501(b) does not bar plaintiffs' claim. This distinction has been noted and adopted by the Supreme Court of South Carolina in Wright v. Smallwood, 308 S.C. 471, 472, 475, 419 S.E.2d 219 (1992).
A review of K.S.A. 40-284 shows that the Kansas Legislature did not contemplate the workers compensation exclusive remedy rule prohibiting uninsured motorist claims. K.S.A. 40-284(e)(4) allows uninsured motorist carriers to exclude or limit coverage to the extent workers compensation benefits apply. The legislature allows insurers to limit their liability to avoid duplicate payments going to an injured party by the K.S.A. 40-284(e)(4) exclusion/limitation of workers compensation benefits. This exclusion/limitation was addressed by this court in Kilner, 252 Kan. 675, Syl. ¶ 4:
"K.S.A. 1992 Supp. 40-284(e)(4) allows an insurer to exclude or limit its uninsured and underinsured motorist coverage to the extent that duplicative workers compensation benefits apply. The legislature intended K.S.A. Supp. 40-284(e)(4) to permit an insured to recover underinsured motorist benefits which are not duplicative of workers compensation benefits. Any other result negates the legislature's intent to require underinsured motorist coverage protection."
The coordination of the UM/UIM and workers compensation statutes protects against double recovery by the worker but does not allow insurers to avoid uninsured motorist coverage in its entirety where an injured employee has suffered damages greater than the workers compensation benefits that may have been paid.
Finally, on more than one occasion this court has addressed K.S.A. 40-284(e)(4) and the issue of duplicative benefits and the amount of uninsured motorist coverage available to an injured employee who has received workers compensation benefits. See Fisher v. State Farm Mut. Auto. Ins. Co., 264 Kan. 111, 955 P.2d 622 (1998); Kilner, 252 Kan. 675. In neither of those cases did this court suggest that an injured employee who had suffered damages greater than the workers compensation benefits would be barred from recovering uninsured motorist or underinsured motorist benefits. The answer to the first certified question is no. Under the facts of this case, plaintiffs' claims were not barred by the exclusive remedy provision of the Workers Compensation Act.
ALLEGRUCCI, J., joins in the foregoing dissent.


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Alisahs and Cafe Poca Cosa ,I believe, are the two best restaurants in Tucson. Great ,savory comfort food, Bosnian style. Everything is delicious. Business went crazy after Guy Fieri visited the place.
It's tucked in a corner of a small business strip south of Rudasill on Oracle. Ahmet, the owner, is a workaholic as is his wife. Hard work pays off. I've been doing restaurants in Tucson since 1962.
Many good places have gone by the wayside I am sorry to say. One of the toughest businesses to stay in. We have been going since they opened 10 years ago. When we lived on the north side we went twice a week and left large tips just so they wouldn't close. Lots of regular customers. Do not pass this one up!
Lovely people,lovely food.Jordanian dish with pine nuts is so good.
I'm an army brat and I spent 4 years in Iran so for me this place is comfort food. I haven't found a place in Tucson that does Iranian food well. There is nothing quite like their spices like sumak or saffron infused rice and the various kabob dishes. I was taking a trip down memory lane here. The owner was very friendly with us and the waitress was on top of everything. I don't get the negative reviews above. I found the meal great and the portions were huge.
Horrible experience. Rude waitress. Food was great but I won't be treated that way again. Never going back
Great food, but the service could use some work. The owner is nice to customers but doesn't seem to treat servers very well.
If you go this restaurant, you deserve whatever you may get. The food is good; depends on who's cooking. If you appreciate your waitress/waiter, DO NOT tip with your card. Use cash. The owner keeps all the credit card tips for himself, which I don't believe is legal. If you ask him about it, he will politely tell you that only he and the manager are "servers"; even though, many people actually "serve" food at this restaurant...I would also ask how it is that a City Of Tucson Employee could have passed this restaurant after inspection. Eating out is all the same, mostly. Restaurants are filthy....but....they're not all bad. The food can be very pleasing but, there needs to be less attention paid by the owner to female employees and female customers and more towards running a proper business; i.e.-not stealing tips from your employees. Oh...And, it's probably not alright to be drinking on the job.
I haven't been disappointed here. The lemon potatoes are amazing, the gyro is succulent and full of flavor, the falafal is one of the best in town. The service has been mostly good, The service is good and swift. This is one of my favorites.
Consumer BEWARE!!!
Check your carry out food before you leave the store.
In Alibaba, you'll be charged ($39.99) for a combo (Beef, lamb and ground beef) but they intentionally give you beef steak, double ground beef and no lamb, while they charge you for the price of the lamb in their combo meal. The food is covered professionally and you think you'll have no reason to open the cover and check the food.
When you let them know about it, they admit that was what they gave you and they've charged you for the lamb combo without telling you!!!
They say they do that sometimes to their customers and they don't refund the customer!!!!
Alibaba restaurant lacks business integrity and honesty.
I can not think of a better Med place except an Egyptian joint in Santa Fe. Very generous portions (as it should always be in the mid-east) lovely flavor profiles and yes, the BEST falaffel in town, crunchy on the outside, soft and moist on the inside. AMAZING house-made potatoes. My only complaint would be that the desert cart is almost bare.
I've been here twice and I wasn't impressed either time. It seems like a horrible value. I ended up paying $17 (tip and tax included) for some grilled veggies, lettuce, pita bread, and hummus. The water tastes really funky. Their sign says vegetarian paradise, but I didn't find that many vegetarian items on the menu. I'm not going back.
Slow service, took a half hour to get our food. Coupons are worthless, you spend way more money using their coupons than if you did not. This restaurant forgot almost half of our order. We had to remind them that some of our food was missing.............and when it finally arrived we were done eating. Worst restaurant ever!
We had food delivered to our office for a luncheon and were very pleased. We ordered a combo chicken and beef schwarma, greek salad, humuus, tabbouleh, baklava, pita bread, sauces, etc. The food was hot, well seasoned, plentiful, good value and on time. Even folks who weren't sure they liked Lebanese food thought it was delicious. We are ordering again this week.
Surly, slow service. Weird pureed "lentil" soup with no discernible lentils - tasted like Campbell's cream of tomato with dry herb garnish. The beef, lamb, chicken were gristly, un-choice cuts, overcooked, unmarinated, tasteless. Hummous was ho-hum, baba ghanoush disappointingly bland. Only the tabouli salad had any flavor. WARNING: Prices are more expensive in person than listed on their website, overly generous gratuity added automatically to check. Smallish portions considering price. VERY UNSATISFYING MEAL.
Food is ok but the service is terrible. Last time I went I waited ten minutes for someone to come out to seat us or even acknowledge our existence. Just left. Haven't been back since.
WOW! The other reviewer must have had a bad day...I went here with my family same exact day as the other reviewer's post. We must have been in different restaurant's. Our meals were outstanding and just the right portions. Service was great too, with our waitress continually asking us if we needed anything and promptly refilling drinks. I had the chicken schwarma with salad and motabal. Schwarma's are meant to be eaten with pita...they are not just plates of meat, hence the reason why they are not big chunks of meat. The chicken had some kind of paprika onions and a sauce that tasted like tahini - really good. The motabal was a roasted eggplant dip that had a really good depth of flavor. The rice, by the way, is not intended to be a "saffron rice" as the other reviewer posted. It was a buttery rice that was probably cooked in chicken broth. It was neither tasteless or dry. If you favor gigantic portions of fat laden food you should stick to McDonald's. If you want very flavorful food with great service, go here. This was a great place and a great experience.
Bad service and woefully over priced!
Finally got around to trying this place. Picked up the Lamb Shwarma with Rice for $13 and the Baklava for $3....
Firstly, they were 20 MINUTES LATE WITH MY ORDER so, needless to say that, by the time the bag finally actually showed up, I didn't really bother to check the contents, just blindly trusted that there was enough actual food in the containers to feed a person.
When I got home however, I opened it up to discover- I kid you not (I seriously had to get out my measuring cups to check) 1/4 cup of both a salad and some of the MOST TASTELESS AND DRIEST "Saffron" rice imaginable, and, in comparison to that skimpy portioning a "generous" 1/3 of a cup of tiny dribbles of meat with- and I had to count this part too, 4 of the tiniest "slices" of onion I HAVE EVER SEEN IN MY LIFE outside of a McDonald's burger!!!!
Seriously, I had to get a spoon because the meat dribbles weren't even big enough to scoop up with a fork- much less spear! And, of course, it was pretty much fat and grizzle (how in the seven hells they managed to make actual FAT dry too- I honestly don't even want to know- I mean, I'm the first to admit that a chef's only as good as the quality of their ingredients- and that was obviously the majority of the problem but COME ON!!!!!)
Now, I'll grant, the baklava was good.... all three bites of it....
But, needless to say that given that I was starving at the time, I still managed to choke it down and, obviously, even after polishing everything off, I had to get up and make an ACTUAL dinner for myself.
Sooooo not going back because, I can only surmise that, they've somehow spied out the critics and gave them VIP treatment of some kind here- because these portions at these prices with this piss-poor service and bad quality of ingredients SERIOUSLY SUCKS!
I think the food is great. I especially like the Beef Shawarma and their salads.
I would like to love this place but when I was there the food was incredibly bland. I left thinking that I had just had the worst middle eastern food in my entire life. I much prefer the place on university boulevard.
Worst Middle Eastern food in Tucson.
Worst Middle Eastern food in town.


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Our staff will gladly answer any questions you may have about low-cost funerals or cremations, whether a death has just occurred or you're preplanning your own service. We are compassionate, knowledgeable, and ready to help you plan the funeral or cremation service that contains just the elements you want and need, at a price that's right for you.
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NEWARK, N.J., Aug. 21 (UPI) -- President Obama released a statement Wednesday backing Cory Booker's candidacy in New Jersey's special election for the U.S. Senate.
Booker, now in his second term as mayor of Newark, defeated three rivals in the Democratic primary last week.
"Cory Booker has dedicated his life to the work of building hope and opportunity in communities where too little of either existed," Obama said in a statement released by the Booker campaign. "Whether as a college student working in East Palo Alto or as mayor of New Jersey's largest city, Cory has time and again taken on tough challenges, fought for the middle class and those working to join it, and forged coalitions that create progress -- and that's the spirit he'll carry with him to Washington.
Obama and Booker have much in common. Booker, the son of two of IBM's first black executives, grew up in a mostly white New Jersey suburb, went to Stanford and attended Oxford as a Rhodes scholar.
Booker moved to Newark after receiving a law degree from Yale. He served on the city council before becoming mayor in 2006.
While Booker backed Obama in 2008 and 2012, he also criticized him for attacking private equity.
Booker is favored to defeat Republican Steve Lonergan in the October election being held to fill the seat left vacant by the death of Frank Lautenberg. If he wins, he will be New Jersey's first black senator.
New Jersey has not elected a Republican to the Senate since 1972.


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DAVIDSON, North Carolina (Reuters) - North Carolina House Speaker Thom Tillis says national Democrats have spent millions attacking him because they are worried he will win the Republican nomination for U.S. Senate in the state's primary election on May 6 and take the seat in November.
"They fear our campaign the most," he said.
Tillis, 53, leads a crowded field of eight Republicans vying to challenge incumbent Democrat Kay Hagan, 60, who faces her first re-election test in a polarized state that took a more conservative turn after she defeated Elizabeth Dole in 2008 and Barack Obama won North Carolina on the road to the White House.
Republicans controlled both the governor's office and the legislature last year for the first time in more than a century. With the aim of creating a more efficient government and fair elections, they enacted broad voting restrictions, curtailed unemployment benefits, cut taxes and refused to expand Medicaid, prompting lawsuits and weekly protests by thousands of people in the state capital.
Now, due in part to her support for President Obama's signature healthcare law, Republican congressional leaders consider Hagan vulnerable. They aim to pick up her seat and several others across the country to regain control in the U.S. Senate, where Democrats currently have a 53-45 majority. There are two Independent senators.
While Tillis boasts that he helped lead the state's "conservative revolution," he is not the clear favorite among voters, and it remains to be seen whether he can muster enough support to avoid a runoff.
"There's this sense that he's the front-runner, but there's also this sense that he's not moved as far right as a lot of the Republican loyalists would like him to move," said Ferrel Guillory, director of the Program on Public Life at the University of North Carolina at Chapel Hill.
Nipping at Tillis' heels are several first-time political candidates with support from across the national Republican party.
U.S. senators Rand Paul of Kentucky and Mike Lee of Utah have backed Tea Party favorite Greg Brannon, an obstetrician who makes frequent references to the Constitution. Former Republican presidential candidate Mike Huckabee has expressed support for Mark Harris, a Baptist pastor who helped convince North Carolina voters to pass an amendment banning same-sex marriage in 2012.
At their first televised debate, held this week at Davidson College in Davidson, North Carolina, the Republican slate differed in style but showed little distinction in platform.
Joined by a fourth candidate, nurse practitioner Heather Grant, all were opposed to increasing the federal minimum wage and legalizing medical marijuana. They disputed climate change and named federal agencies that they would eliminate.
They took repeated aim at Obamacare, arguing that the law still deeply unpopular among conservatives should be scrapped, sounding the Republican "repeal and replace" slogan.
"I believe I'm going to be the 51st senator in a majority that's going to repeal this bill," Tillis said.
Tillis has been endorsed by the U.S. Chamber of Commerce, the National Rifle Association and the National Right to Life anti-abortion group. Yet some Republican primary voters remain unconvinced he will stand firm on their principles.
"He's cliche. He's supported by the establishment," said Carol Cheslock, 62, a Brannon supporter.
Hagan, the target of ads from groups backed by the conservative billionaire Koch brothers and Republican strategist Karl Rove, debuted a radio spot this month slamming Tillis for giving nearly $20,000 in taxpayer-funded severance packages to two legislative staffers who were forced to resign after admitting affairs with lobbyists.
Her campaign says he also has sent mixed messages about Obamacare, calling for its repeal while referring to it in an interview as a "great idea that can't be paid for."
Tillis says Democrats are "meddling" in the Republican primary, but Hagan campaign spokeswoman Sadie Weiner said: "That ad comes after $11 million in spending directed at defeating Kay, and it is simply an effort to set the record straight on how Tillis is trying to have it both ways."
Polls show Tillis falling short of the 40 percent of the vote needed to secure his party's nomination outright. Democrats delight at the idea of a protracted intra-party contest that would strain Republicans' financial resources.
Tillis has raised $3.1 million compared with Hagan's $12.7 million war chest as of March 31, according to campaign finance reports, which also show the Democrat with about six times more cash on hand than her potential Republican challenger.
Republican strategist Brian Nick predicts Tillis will pull away from his primary opponents, win the nomination and put up a strong challenge to Hagan.
"This has national race written all over it," said Nick, Dole's former chief of staff. "Both sides are going to say a lot about each other's records, but it's really going to be about the national climate and a referendum on Obamacare."
(Reporting by Colleen Jenkins; Editing by Scott Malone and Gunna Dickson)


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Cassette only – limited edition of 125 copies
Art by Sayako Sugawara
A: Day
B: Night
Written, performed and produced by Kumo in SE23.
"From a starting point of two field recordings taken from the balcony of my flat in South East London, one was taken during the day the other at night, the rest of the music was built up in response: synths and theremin played as karaoke to the sounds of the estate. Accompanying, mimicking, occupying the spaces between the deliveries, planes, dogs, birds and the kids next door writing grime tunes. 'Day' was written, performed, recorded and mixed in the flat during daytime with only natural light, 'Nigh' under cover of darkness." – Jono Podmore, London, 16.xii.2017
Kumo aka Jono Podmore – Professor of the Practice of Popular music at the prestigious Hochschule für Musik in Cologne, Germany – is best known latterly for his tireless work curating and managing the archives of Krautrock pioneers Can. In this respect, his masterstroke to date has been assembling the essential "The Lost Tapes" boxset.
Work under his Kumo alias across multiple releases, performances, DJ sets and installations has included collaborations with the likes of Irmin Schmidt, B.J. Cole, Jaki Liebezeit, Mr. C and Jose Padilla. His ongoing Horrorshow multimedia venture brings together live soundtracks and short films, and his established group Metamono finds new life in vintage analogue and hand made electronics, releasing two albums, and Secrets of Nature - Sounds Unseen: live electronic music for silent British film.
His label Psychomat was brought back to life in 2017 with two new single releases and more are planned. Jono is currently working on the score for feature film The Giaour, a book about Jaki Liebezeit's life and theories, and teaches Tai Chi in London.
Documentary Evidence (UK):
The Tapeworm imprint has always had an unerring capacity to release interesting sounds from interesting artists, and Day / Night by Kumo is yet another fine cassette among many. Kumo is the alias of Jono Podmore, a multi-disciplinary talent known on this blog for his work with Spoon on the Can back catalogue, the book he is assembling on sorely-missed Can drummer Jaki Liebezeit, the very fine Metamono albums and the Kumo and Cyclopean releases issued by Mute over the years.
For Day / Night, Podmore began with two field recordings taken from the balcony of his flat in South East London, adding synths and theremin later to the sounds he'd captured by chance – cars starting, dogs barking, planes droning overheard, snippets of conversation and so on. One recording was made during the day, one during the night. The effect is like listening to a microcosm of urban London life, never quiet for sure, but perhaps more peaceful than one might imagine.
Podmore's electronic responses to the field recordings vary from sinewy synth arpeggios that wobble and flutter around the ambience to spooky, dead-of-night bursts of drones, tones and bleeps that feel like the soundtrack to existential dread. There is a certain muted quality to the sounds he added to his balcony recordings, as if he wanted the two components – the organic and natural and the composed and artificial – to live in harmony with one another, and neither has the capacity to overburden the other.
Day / Night is the embodiment, for me, of what Brian Eno conceived of for ambient music when he was laid up in bed listening to classical music and environmental sounds together. Podmore's approach has a delicateness of touch, a sensitivity to his natural surroundings and a powerfully imaginative way of electronically responding to the sounds he hears.
Tapeworm releases are always issued in limited runs – get it now from the Touch shop before it's gone for good.
Postscript: this review was finalised somewhere over the Atlantic as my overnight return flight home from New York approached the Cornish coast. It was started on the flight to JFK earlier in the week, probably in roughly the same place but during the day. Philip from Tapeworm asked me whether 'Day' or 'Night' worked best for the night flight. My response was thus: 'Night' made me more edgy as we came into land. 'Day' made me yearn for home after the best part of a week away from my own familiar daily environmental soundtrack.
(c) 2018 Mat Smith / Documentary Evidence
Further information/reviewsFor more information, please visit this product's webpage.


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Will take a little time
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/ June 3, 2019
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From Erights
Sameness is an equivalence relation such that any two references which "are the same" are not distinguishable by any unprivileged client. The Equalizer object provides the sameness predicate to E programs.
For purposes of sameness, all references are either selfish, selfless, or unresolved.
Selfish objects have specific identities defined by the event of their creation. In most implementations this is "pointer equality". XXX Explain better for the casual programmer.
Selfless objects have identities defined by their "components"; a selfless object is the same as any other object made of the same components. See Selfless for more details on this.
Unresolved references (promises) are the same as any promise which will necessarily have the same resolution, i.e. a promise is the same as itself, another promise that is resolved to it, and the promise which it is resolved to, and so on transitively.
A promise is not different from any other reference; such sameness is not yet defined.
The tools to work with this are Equalizer#sameYet/2 and TraversalKey.