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SEC To Second Circuit: 'Please Don't Make Us Do Our Jobs!'
from the hens-guarding-the-foxhouse dept
You don't want to live in a town where the police and the mob work together.
In a completely unrelated note, the Second Circuit recently heard arguments from the SEC — the federal agency statutorily charged to enforce the nation's securities laws — and Citigroup — a company targeted for securities laws violations that it refuses to admit or deny committing — on the SAME SIDE.
This should be a red flag.
They wanted the Second Circuit to spank Judge Jed Rakoff for having the audacity to ask the SEC to kindly do its job. The nerve of some people.
Well, securities law may not be as sexy as drone strikes, but I watched the SEC try to pull off just as naked an executive power grab.
So it was my first return in my new capacity as a journalist to the federal courthouse that I've visited time and time before as a lawyer. It's a different experience walking in without a suit and without drilling yourself to make sure you remembered everything you needed for the hearing. Almost relaxing in a way.
The courtroom was an absolute zoo, built far too small for a hearing that had the attention of the media and every financial institution worried about the future of their relationship with their regulator. Add in the army of clerks dropping in to watch, and the courthouse had to set up an overflow room with folding chairs and a TV simulcasting the event (and even that room was eventually standing room only).
When I first got there, the TV only showed the floating face and torso of Judge Rosemary Pooler, joining the proceedings from the Northern District of New York, in a courtroom that looked eerily like the backdrop to a hostage video with sparse, utilitarian walls, a light switch and a flag. I felt bad watching her sit like an interviewee in a green room with a hundred lawyers and journos watching her every move. It felt like Legal Big Brother.
The background of the case is simple enough. In 2011, the SEC and Citigroup brought a consent decree to Judge Rakoff. The judge felt obliged to ask for some factual backup before rubberstamping a decree that basically let Citigroup off the hook for activity that, at the time, public opinion thought pretty severe. When the SEC and Citigroup failed to meet this basic standard to Judge Rakoff's liking, he declined to approve their consent decree. Basically, if the SEC really has gathered enough evidence to reach a reasonable settlement with someone, they should be able to provide the judge with some evidence to back up its reasonableness. In math class you have to show your work.
This isn't the first time Judge Rakoff has issued a controversial ruling challenging accepted government policies. Remember, this is the guy who made the death penalty unconstitutional for a hot minute. Now he's questioning the SEC's
chummy totally professional and arms-length relationship with Wall Street.
Interestingly, because the subsequent acquittal in the Stoker case brought to light facts that the SEC and Citigroup originally failed to provide Judge Rakoff, he no longer believes that he must deny the consent decree and would almost assuredly approve the agreement on remand. No harm, no foul, right?
But Michael Conley for the SEC and Brad Karp for Citigroup weren't thrilled with this possible result, asking the Second Circuit instead to reverse the lower court decision.
Why? Well, the money exchange came when Judge Raymond Lohier (the final judge on the panel was Judge Susan Carney) asked about deference and why an Article III judge would question the judgment of an executive agency that presumably reached its decision based on a sound review of the evidence.
The lawyer for Judge Rakoff, Rusty Wing [disclosure: I used to work with Rusty at LSW, though I had no involvement whatsoever with this matter], pointed out that the SEC is entitled to deference — but that doesn't mean they aren't wrong, eliciting laughter from the audience and a snarky "No! Really?" from Judge Lohier himself.
It sounded a lot like the SEC was going to the mat on this one because they didn't want "deference" as much as they wanted "tyranny" — a ruling affirming that any decision they reach is subject to zero judicial review based on their status as part of the executive branch because we should all just trust the executive branch without any transparency. Sounds a lot like drone strikes to me.
Depending on the outcome of the hearing, when Mary Jo White gets there and starts kicking tail, as Elie suggests, she will have a couple drones at her disposal.
Judge Rakoff Rejects SEC's "Contrivances" In Citigroup Settlement [Forbes]
More stories from Above The Law:
- California Law School Claims Free Speech Right To Offer Piss-Poor Education And Be Accredited For It
- Mom Hires Lawyer to Force Son to Go To The U. Amateurs!
- A Law School Scarier Than The Job Market?


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Taylor Swift gets "nervous" when her minders send picture messages of her stalkers.
The 22-year-old singer hates talking about her crazed fans because she gets worried they might try to "steal her" one day, and as a result she is "so grateful" for her "amazing" security team for making sure she stays safe.
She said: "I get nervous when I have stalker incidents. I try not to talk too much about it because it scares me. Sometimes you get a dude who kind of wants to steal you.
"That's why I'm so grateful I have people looking after me, like Dennis [bodyguard]. Over the past couple of years it's got worse. I get told if there's been an attempt or a threat.
"My security text me a picture and say, 'Look out for this dude; he's driven across the country, he's off his meds,' or something like that. No one has ever been successful in getting into my house or anything like that. I have an amazing security team."
The 'I Knew You Were Trouble' hitmaker - who is currently dating One Direction singer Harry Styles - tries to live her life "in spite" of being stalked rather than dwelling on it, and she admits the situation is simply the "price you pay" for being famous.
She told Britain's Cosmopolitan magazine: "There are a lot of them. I just try to be safe and be conscious of people around me. It's the same with paparazzi; it's something you just have to deal with. It's the price you pay for getting to do what you love.
"You can let it take over your life and make you fearful all the time, or you can live your life in spite of it."

subset: commoncrawl


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Q: My pond froze over. How do I get it open again?
Janet – Minneapolis, MN
A: Brrrr. Jack Frost, Elsa and the rest of the cold-weather crew sure have been busy lately, haven't they? Despite the use of a de-icer, aeration system and other ice-prevention tactics, long bouts of frigid temperatures and wind-whipped nights can cause ponds to freeze over. And that's not good news for your fish.
So what can you do? When considering your hibernating finned pals, time is critical. Too long without an open area in the ice for gas exchange could mean dangerous conditions for your koi, goldfish and other pond fish.
Overnight, No Problem
If the pond has been frozen over since last night, your fish should be just fine. Cold, windy nights often cause extra layers of ice to form on the pond's surface. If your de-icer and aeration are on and functioning properly, some of the ice should melt on its own. Meanwhile, your fish will have plenty of dissolved oxygen in the water to tide them over.
A Week or More, Get Busy
If it's been a week or longer with no hole in the ice, it's time to take some action. Without a hole, ammonia and other noxious gases are unable to escape into the atmosphere, and your fish will have no access to fresh oxygen. Here's what to do when ice overtakes your pond.
- Melt It: First, melt a hole back open in the ice by pouring a bucket of hot water onto the frozen stuff near your de-icer or aerator's airstones. Do not drill through the ice or bang on it with a hammer as this will stress your fish, which are probably already stressed out.
- Systems Check: Once a hole is open, check to be sure your de-icer and aeration systems are still running and functioning properly. If not, repair the damage or replace the unit altogether. The PondAir™ & Thermo-Pond Combo, which is an all-in-one aerator and de-icer, works to keep a vent open in ponds up to 2,000 gallons. See the video below for tips on installing the PondAir™ & Thermo-Pond De-Icer Combo.
- Reposition Airstones: Finally, if your airstones are positioned at the bottom of your pond, relocate them. Put them in a shallower area that's closer to the water surface. This will create more movement – and that means a bigger hole.
Should frigid temperatures and a solid ice sheet persist, take a daily trip to your pond to check on the gas exchange hole. Your aerator and de-icer should do the trick, but be ready to melt through the ice if needed.
Pond Talk: How often does your pond freeze over in the winter?
Filed under: Aeration - WG, Deicer, Oxygen Depletion, Season-Long Control, Seasonal Care, Water Gardens & Features, WG-Winterizing | Tagged: aeration in winter, de-icer, de-icers, frozen pond, hole in ice, keep hole in ice, pondair, Thermo Pond, water froze | 3 Comments »


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To All the Winston Lovers/Haters
Vent your rants and raves here about whatever makes you mad, angry or frustrated.
Moderators: fschmidt, jamesbond
Post Reply
To All the Winston Lovers/Haters
It's funny it's it? I haven't seen any posting(besides my own) about foriegn women and how to met them and/or romance them. I thought this board was supposed to be about how to meet such women and perhaps have a relationship with them.
Instead all we have in juvenile "bitching and whining" back and forth between the Pro-Winston and the Anti-Winston groups. Hell, nobody has even responded or gave any comments on my post "My thoughts on foreign women". I've given up on Winston answering any of my questions about his behavior, which I admit to posting so you all could get over Winston's behavior and get on to serious discussions about the topic of foreign women vs western women and the relationship pitfalls of each. I guess I didn't realize that this board, in addition to the website, also was a monument to the ego of Winston Wu.
This leads me to believe that all of you fall into three categories....
1.)Winston lovers who are ONLY interested in "banging" young foreign chicks to make up for their low self-esteem, constant "teasing" in High School, and overall "ickyness" factor you project to any women who comes within 20 feet of yourselves. Here is a little insight gentlemen: If you are a social pariah here, you will be a social pariah there. Unless, of course, you open your wallet, and pay to play like so many pathetic men just like you do. You don't need Winston to do this, just hop a plane, disembark in your third world country of choice, and flash those Benjamins..... SAD!
2.)Winston haters who seem to THRIVE on giving him negative attention. Juvenile insults really get old after awhile. Hashing up "Winston" episodes gets old after awhile. Thinking of new ways to slam "Winston" is just pathetic. If you really want to help anybody on this board, give them some useful advice instead of insulting them. Just shows how immature you all are. I understand you have all had problems with Winston, but isn't it time to perhaps move on and let Winston's karma take care of Winston? You are not going to change him, or convince him he is wrong in anything, so why bother? I know all the stories about Winston, but if anybody is so pathetic, ignorant and desperate enough to follow any of his advice, then I believe they deserve what they get. I agreed with some of his views, but after reading his ebooks, I realized exactly what kind of person he is, and therefore I disregard anything he has to say. You are just feeding your own little egos by feeding his. It's a vicious cycle that grown men shouldn't be a part of. PATHETIC!
3.And last but not least, the porn spammers. Keep up the good work gentlemen!!!! FUNNY!
In closing, I wish to state that I won't be back because I have decided that playing with my own feces is more desireable and more interesting then reading the juvenile crap on this board.
To anybody here that is seriously interested in foreign RELATIONSHIPS, read my previous posts for much better sites then this pathetic joke of a site.
Check out our Dating Sites and International Romance Tours!
The board is still pretty new, and I don't think it's quite in full swing yet but I'm optimistic that it will have some good discussions about finding women abroad in the future.
I read your post, but there wasn't much someone could say, in terms of a response. I mean, it was a good post but it seemed more like an introduction to yourself rather than the start of a debate or a question. It mostly just listed facts about finding foreign women that I think most of us already knew.
Anyway, I hope you'll swallow your pride and give the board another chance.
Ozmodius, I'm glad you're going to be gone because you had absolutely nothing of any value to say on this board.
And it's not true that people weren't talking about foreign women. I was talking about Polish women, Winston was talking about Filipina women, and gmm567 was talking about German women. Just because nobody responded to your particular post doesn't mean that nobody was interested in foreign women.
All you did Ozmodius was bash Winston and label people into groups, which is what you did in your departing post.
I am only going to respond to your part about the Winston fans, because I am a Winston fan.
You know what really is sad? That we continue to hear only about supposed "pathetic men", but we never hear about "pathetic women", even though that is pretty much the way it is in America. You are towing the PC line here because you want to look good in front of the crowd by jumping on the bandwagon of putting men into the category of "pathetic men." That in itself is pathetic, and I'm not buying it. I've actually read, I don't remember whether it was here or somewhere else, that bar-girls from the Philippines will actually show you more affection than you would ever get from an American girlfriend. And I'm going to go over there to see for myself whether or not that is true, and I don't give a damn about silly people such as yourself and your PC blabber.
You contribute nothing to this board. You do nothing but come up with bullshit reasons to shame men who want better in their lives and are willing to do something about it. I think that that is complete trash. I hope Wu bans you along with the rest of the haters, because you deserve to be banned too.
Let's not make this board about pathetic women in the US, but lets recognise what social pariahs they have become. Banging hooldums and thugs?Squeezing out babies from the what is the worst elements of society? Destructive degeneracy..that's what we've got.
It's ozmod if you only want to only have sex in a relationship, lots of us are more flexible, and if noone gets hurt there's nothing wrong with it.
A pathetic man barely begins to describe you Lukey. In gmm's case one could make the case that as he has never ventured abroad, he may see the light and how stupid Wu is when he does make that leap. As for you though, you have been abroad but still wallow in your pathetic loser status. So pitiful is your self esteem you need to seek out the company of whores for companionship.
Now Lukey, it was Wu who said that about bar girls. Only someone as dumb as Wu would say that. And how frigging stupid can you be? Honestly mate. You're as dumb as Wu. Do you think these bar girls are going to be stand-offish? Of course they are going to be friendly. Do you have any concept of sales? To sell something you suck up to the customer. The bar girls are selling their bodies so they suck up to you, flattering you and making you feel special. At the end of the day though it is all an act. An act designed to part you with your hard earned (bludged in Wu's case). Have a good read of Wu and his encounter with a Vyborg prostitute. So sweet and cute until she got paid then the charade ended. Classic example.
Q. Why does Winston like to play his video's of his whore exploits backwards?
A. Because he likes to see the whore's giving him money.
I believe in Wu. Wu was right about the Polish girls and them being really friendly and giggling and blushing. Wu was right about being able to go over to the girls' tables and immediately go and sit with them. Wu was right about the society being more open in Poland than in America. WU WAS RIGHT!!!
Fulley, I have seen pictures of those bar-girls in the Philippines. They are gorgeous and I want them. I don't know why that makes you label me all of a sudden. If it's all an act, fine, who cares.
Fulley, Wu's going to come back on and ban you. Nobody wants to listen to you Fulley.
Up until now I was really trying to listen to you equally. And at times you even said something that was helpful. I was really trying to find out whether you had a legitimate grievance against Wu. I now see that it's clear that you don't. You don't have even the slightest legitimate grievance against Wu.
Wu is a man who moved abroad so that he could live a better life. You guys are really messed up for knocking that.
If I were Wu, I would take all mention of you and your little club off of my website, and I would take all of you off of my forum. I wouldn't even MENTION you Fulley.
Fulley you need to be banned. I don't want to talk to you anymore.
Wu is trying to help other people's lives. And he helped my life because I stumbled upon his website and read his stuff and I was inspired in part by his website to try Poland. AND IT WORKED!!!!! WU WAS RIGHT!!!! WU WAS CORRECT!!! YOU WERE WRONG!!!
Oh, I miss Poland so bad.................................................
You suck Fulley.
In gmm's case one could make the case that as he has never ventured abroad.
Wrong again. I've been to Russia 5 times but not to date. I lived in London for 6 months where I worked for a Member of Parliament. Too bad I never met more natives , but I lived in a american dorm of 90 women and 10 guys and I was kept busy. I've been to Italy, Germany, Norway, but just for vacation.
I've had a bunch of other people validate what Wu says in general about European Culture. The last guy I talked with posted that message about Spain and the women he met. He too is confirming what Wu has said.
Enough of you.
And instead of going back trying to pursue attractive intellectual women in place like Poland, you choose to chase uneducated bar girls in the Philippines with god know what STD's. They love GI Joe long time with all his greenbacks. Dumb arsed metal head wannabe never-will-be loser. LOL! You are too funny.
Q. Why does Winston like to play his video's of his whore exploits backwards?
A. Because he likes to see the whore's giving him money.
Correction: Winston is a man who bummed a ride with me to the Philippines and now can't afford to (a) return to the US or (b) live in the US if he ever did return. He also can't afford to import his pregnant whore fiancee... not that earning $1,000 per year meets the Affidavit of Support requirements anyway.
Having become bored of $200 and $500 whores in the US, he was lured to Asia by cheaper ones. He's now finding out that whoring isn't everything there is to life... and most likely getting all sorts of shit about his lifestyle from his and Dianne's families.
It will be interesting to watch what he does now, and to watch you fall into the same trap.
Do you REALLY want to follow in the footsteps of a complete imbecile who would probably have to ask his Daddy to pay for his trip home?? Listen to what Dr. Atuw has said with regards to Winston leaching a ride off of him to the Philippines. Hell, word on the street has said that The Great Lord Wu proved himself worse than useless in pretty short order.
So, sell all your worldly goods(of course, don't forget a generous donation to Wu for his priceless advice ) and live the dream in the Philippines....
Ya know what, Redd_Hitler?? This LukeWarm has got to be dumber than Wu by a Texas Country Mile......bwahahaha!!
OJ Simpson got away with murder, but he couldn't outrun KARMA.................
W: I applaud Luke's decision to go to Poland. Going there was an enlightening step for him into the world beyond the US matrix.
If you want to see the real Fuller, here are his rants against me from years past:
The bar girls are gorgeous, but most of them are nice girls who just want to find a nice boyfriend who is not a player. That's what they will tell you. They are in the entertainment business, but they are not prostitutes in that they will not go with anyone who pays. They only go with guys they like.
It's not true love but it's not all business either, it's something in between.
That's what expats here will tell you.
My friend Jeff is here with a bar girl that he met, who has already decided to quit working the bar to be with him. She is a very nice sweet girl. And YOU Luke, can find someone like that too.
Ozmodius complained about the lack of advice on this board. My advice is to GO ABROAD, and just be a nice sweet civilized looking guy, and you'll do fine.
Post Reply


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vinnyonfire necesitaba un nuevo diseño de logotipo y lanzó un concurso de diseño en 99designs.
Un ganador ha sido elegido entre 59 diseños de 15 diseñadores freelance.
A new logo is required for PromoSafari. The business is a new, web-based provider of custom-imprinted business merchandise and products.
NONE - Not looking for ideas at this point either. Just the logo.
Desired Color Scheme:
Simple charcoal colour, contrasted with a brighter colour like orange or lime green would look nice. Open to all ideas.
Desired Style:
WEB 2.0 Style. Modern (not sci-fi style) eye-catching, nice and simple
Accepted File Formats:
Preferably vector formats, but it doesn't matter. JPEGS would be fine also. Keep the logos simple though - no full colour images.
PromoSafari's target audience includes advertising agency account managers, marketing communications managers at large businesses as well as smaller business owners and managers that have an interest in advertising their business using custom-branded business giveaways and advertising specialty products.      Â
What sets PromoSafari apart from its many Australian competitors, is that the website is easy to browse, search and purchase products, upload logos and etcetera to be printed and more. It is basically, a one-stop-shop for everything relating to advertising specialties.Â
The Safari concept was chosen to be included in the business name because searching for the perfect product to integrate into an advertising campaign can be a little bit like going on safari in search of animals, etc. Only with PromoSafari, you are searching for products.  Â
Descubre cómo funciona un concurso de diseño u obtén más información sobre nuestros servicios de diseño de logo.


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4G is here! More Gs means more faster, right? And who doesn't want their phone to be faster? Except—maybe you don't need 4G today.
What are you gonna do with all those Gs?
Today's 4G networks (leaving the semantic niggles of 4G aside) offer real-world downstream speeds that range from 3-6Mbps on Sprint's WiMax, 3-6Mbps on T-Mobile's HSPA+ network, and Verizon's promised 5-12Mbps. That's roughly 2x-6x faster than the 3G speeds we were seeing a year ago; it's closer to DSL-level speeds in lots of cities across the US.
When I peer over people's shoulders to see what they're looking on their smartphone (I'm very nosy) half the time they're looking at Facebook. This is what a typical procession of usage looks like to me: Facebook; email; Twitter; web browser; Twitter (again); maps.
Is 4G going to make that stuff—the majority of what people do on their smartphones—that much faster?
Consider how fast your phone feels on Wi-Fi, which is the kind of experience 4G is promising, compared to how it runs out in the open. The comparatively skimpy CPUs in tablets and phones are as much the bottleneck behind web pages taking longer to load on a phone than they do on your laptop. In the end, with 4G, you're talking about shaving seconds, not radically redefining the experience of posting on somebody's wall. (And we're not the only ones who feel this way.)
The applications that'll really tap 4G powers on phones and tablets are still in their infancy. (Aside from downloading apps.) The most obvious application right now is video, because apps have historically been designed to minimize how much bandwidth you're eating on a mobile device, rather than treat it as freely as it would on your home network. There aren't very many killer high-bandwidth, non-video applications in the pipeline. Audio streaming could sound better, perhaps. So could voice calls, except 4G networks are data-only for now. Torrenting won't fly. The problem with online gaming is latency—and these networks still have a fair amount of it. Multi-megapixel image uploads to Flickr will be faster, though.
So there's video streaming! Netflix, arguably the premiere video streaming service now, is only on a handful of phones. Video chat: Still a messy minefield. Video uploads to services like YouTube. It's good 4G networks are rolling out now, to get developers thinking about how they'll use these 4G networks. But unless you're an aggro-nerd—tethering, watching tons of video over the air and doing who knows what else—you're probably safe waiting out jumping on the 4G bandwagon for another generation of more powerful phones and the really amazing apps that'll come with them, tapping higher power CPUs and that fat, over-the-air pipe.
On the flip side, given that carriers are increasingly moving to payment models where you pay for every byte that you use—Verizon's got a 5GB cap for its LTE network, just as stingy as its 3G data cap—maybe all of those high bandwidth applications still won't look all that attractive. The 2GB and 5GB caps from AT&T and Verizon seem roomy enough now, but what about in a year or two?
Holy coverage, Batman
The thing about new networks is that they take time to roll out. So, coverage is limited or spotty, no matter whose 4G network you're on. Verizon's rolling LTE out to just 38 markets this year. Sprint's is available in just 68 markets—New York just got it, and SF won't see it until Dec. 28. T-Mobile covers 75 cities with its HSPA+ network. And even inside of "covered" cities, coverage is rarely a snuggly blanket of smooth coverage, in our experience, at least compared to established 3G networks. When are you gonna get 4G in your town?
It's a battery killer
Know what happens when you flip the 4G switch on an Evo to start sucking in lots of data? Your battery rapidly sputters to death, like a man swallowing too many McRibs at once. [Delicious citation needed. –Ed.] And that's going to an issue in general: The faster your phone is pulling in data with these modems, the faster your battery's going to die. Of course, if you've ever flipped your phone from 3G to EDGE to save battery life, you already knew that.
So, in the end, 4G sounds shiny and awesome and fast, but it's worth a gut check before you buy a phone just 'cause it has 4G tacked on the end of it: Do you really need all those Gs?
You probably don't.


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PORTSIDELABOR November 2011, Week 2
Beyond Ohio: Why Public Sector Unions Need to Show Solidarity for Private Sector Workers
Portside Labor <[log in to unmask]>
[log in to unmask]
Tue, 8 Nov 2011 20:22:07 -0500
(206 lines)
Beyond Ohio:
Why Public Sector Unions Need to Show
Solidarity for Private Sector Workers
By Jefferson Cowie
The New Republic
November 8, 2011
Pro-labor forces appear en route to win an important
battle in Ohio on Tuesday, but the greater war they're
engaged in is very much undecided. As significant as
issues like taxes, bargaining, and benefits are for the
health of the country's public sector unions, their
real savior has largely gone unspoken in this most
recent battle--namely, the bolstering of pay and
benefits in the private sector. Progressives will no
doubt be tempted to celebrate their victory--not least
because it marks a setback for Governor Kasich, and a
good omen for Obama's struggle for this key swing state
in 2012--but they should also be wary of myopia.
Anti-labor forces certainly have their eyes set on the
broader terrain.
When Wisconsin's Governor Scott Walker
recently declared that "public employees can't be
haves, while private sector employees are have-nots,"
he was peddling an obvious half-truth, but also
suggesting the outlines of a pernicious anti-labor
strategy. Republicans gladly acknowledge the divide in
our economy that often places many of private sector
workers on the side of have-nots--only to exploit it by
mobilizing resentment against those with relative
security. Public unions should be thinking of ways to
help pull up their embattled fellow laborers in the
private sector--or risk being dragged down themselves.
THE LATEST POLLING in Ohio gives the pro-labor forces a
25 point lead in the referendum to repeal legislation
that effectively gutted collective bargaining for the
state's public workers. The unions appear to be
succeeding for a number of reasons. First, there does
seem to be an important groundswell--from Wall Street to
Oakland--against these dramatic attacks on working
people. Beyond that, the most important factor is
labor's pouring of massive funds into the struggle,
which puts this on a financial par with a stiff
gubernatorial race.
Also at play is Republican hubris,
evidenced by their inclusion of firefighters and police
in the legislation. Safety workers are both beloved and
conservative--at least until their turf is attacked.
Then they tend to shun their social conservatism and
turn out the troops. But the promise of Tuesday's vote
as a pro-labor harbinger is undermined by the
persistent weakness of private sector unions in Ohio
and elsewhere in the country.
Indeed, the successes of
public sector employees have always been closely linked
with that of laborers in the private sector: it's
largely private sector workers, after all, who are
asked to pay for public sector employees through their
tax receipts. Having the mega-rich pony up will
certainly help--especially in a place like New York
City--but outside the worlds of finance capital, working
people are going to be paying a good share bills.
Unfortunately, the numbers here tell a dispiriting
story. Today 36.2 percent of public workers are
organized--a slightly higher number than the private
sector was even in the heyday of American labor history
in the 1950s. Private workers today, in contrast, have
tumbled to a mere 6.9 percent--a figure suggestive of
the wider rot in pay and benefits among unorganized
It doesn't take a labor scholar to see the
problem here: A relatively large and well-remunerated
public sector is teetering precariously on a rickety
and crumbling private-sector working class. No wonder
public workers fall under right wing attack as some
sort of aristocracy of labor. This isn't simply a
matter of mean spirited attacks, as these issues
genuinely tap into private sector workers' ability to
pay. We know that once we control for educational
level, public sector workers are not paid significantly
more than private sectors workers, but their benefits
do outstrip those in the private sector--and they've
often given up pay at the bargaining table to pursue
those better benefits.
A glance at recent history puts
this divide between public and private workers into
even starker relief. Today, private sector workers look
with either envy or scorn at public sector workers, but
it used to be the other way around: When public
employee unions got their start, their goal was to
catch-up to the better-off private sector workers. In
the mid-20th century's age of "industrial pluralism,"
things looked promising for all workers. Wisconsin's
decision to grant unionization rights to public
employees in 1959 and John F. Kennedy's 1962 Executive
Order providing unionization rights to federal workers
laid the groundwork for a widespread expansion of
public sector unionization. By 1970, twenty-two states
had enacted collective bargaining rights for their
employees, allowing them to match the quality of their
remuneration with their private sector brothers and
By the mid 1970s, the incredible growth of
public sector unions began to look a bit like the
upsurge of industrial unions in the 1930s. By 1975, in
fact, a national public employees relations act of some
sort--often thought of as a "Wagner Act for public
workers"--seemed unavoidable. (Had such legislation
passed, it would have taken collective bargaining out
of the morass of state-level politics that public
unions are currently struggling with.)
Despite signs of labor's private sector rebirth in
the early seventies, the decade ended in retrenchment.
Core industrial unions lost their base, cultural
concerns trumped economic issues, and the Left began
to believe unions to be part of the problem not the
solution. Even then, the rising conservative movement
tried to catalyze divisions between public and private
unions in the midst of a set of city and state fiscal
crises that parallel our own. While public sector
unions only hit a plateau, private unions collapsed
into freefall. By the end of the seventies, the
densities of public and private sector unionization
crossed paths--public unionization was on the way up
and private on the way down.
Today, there are, in real numbers, more unionized
public workers than there are unionized private sector
workers. To the extent that public sector unionism has
always rested upon the resources of private sector
workers, that split means trouble. Public sector
unionization has often faced a rough road, because of
the sketchy right to strike against the public good, of
course, but mostly because the taxpayers pay the bills.
When the taxpayers are flush, it's much easier to argue
that we deserve a first class public sector.
So rather than simply organizing to protect the
achievements of that diminished number of workers
who are still unionized, progressives should be
thinking about how to spread those privileges to
even more workers. In that way, private sector
workers wouldn't think of their public sector
colleagues as adversaries in terms of their tax
money--they would think of them as their
allies on a much more pressing issue: how to pry more
wages out of private employers. That said, those
seeking to expand organized labor will have their work
cut out for them.
After years of being exposed to
conservative messaging, much of the nation remains
skeptical about organized labor. Less than half of the
nation approves of unions today, a figure that
approaches historic lows. Compare that with polling
back in the 1950s (when collective bargaining worked as
advertised), and three fourths of Americans approved of
unions. The Occupy Wall Street movements suggests that
the spark for the national discussion of inequality may
come from outside of the formal labor movement, but
it's hard to imagine right now a more efficient or
proven way of actually redistributing wealth than
bargaining collectively with one's employer.
Progressives will certainly cheer if and when the Ohio
referendum is defeated, as well they should. But let's
not pop too much champagne yet. No matter what happens
in Ohio, public sector workers everywhere will be
vulnerable until workers can find ways to make the
private sector give up a greater share of its wealth to
its workers. The divide among workers between haves and
have-nots isn't sustainable for much longer. What
remains to be seen is whether it will be resolved to
the benefit of workers at all.
Jefferson Cowie teaches at Cornell University and
is the author of Stayin' Alive: The 1970s and the
Last Days of the Working Class.
PortsideLabor aims to provide material of interest to
people on the left that will help them to interpret the
world and to change it.
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text:
We are hosting a party and would like some form of ticketing web app to help with registration and collecting the ticket fees. Eventbrite is a good service, but it doesn't perfectly fit with our requirements, which are:
- We would love to have two different ticket types, like one for premium and one for normal packages.
- In addition to that we have a total number of tickets in each category to sell, such as 100 premium tickets and 40 normal packages.
- The total number of tickets should be under some form of quota for men and women, as we want to have an equal number of men and women attending. Which is tricky, because during the signup period there may be times when we have, say, too many women, and we then want to have the extra women on a waiting list and only be admitted when extra men sign up.
- we would also have the need for collecting extra data fields from the participants, such as food requirements (vegetarian, vegan,...?)
It would be great, if:
- the web app automatically can send an email to people who bought their ticket
- it can handle payment options such as PayPal, credit card and bank transfers in Europe
- one can export lists of participants
Do you have an idea which web app/service could help?


text:
The recommendation of the National Commission on Fiscal Responsibility and Reform to repeal the mortgage interest deduction has attracted support across the political spectrum. Yet neither the Commission itself nor most commentators have stopped to assess the implications of such a major change in the tax laws.
Owning your own home has often been considered a central aspect of "The American Dream." How would repeal of the mortgage interest deduction affect homeownership for middle-income American families? What would be the social implications of repeal? How much tax revenue would repeal actually produce?
To address these important issues, Hudson Institute invited a leading member of the House Financial Services Committee, Rep. Rubén Hinojosa, and a panel of distinguished experts who have written and spoken about the mortgage interest deduction from diverse points of view.


text:
Horsemans Riding & Training Manual
Hunter, Ross
AbeBooks Seller Since June 10, 2004Quantity Available: 1
AbeBooks Seller Since June 10, 2004Quantity Available: 1
About this Item
Bibliographic Details
Title: Horsemans Riding & Training Manual
Publisher: Olympic Press, U.S.A.
Publication Date: 1967
Binding: Stapled Soft Cover
Illustrator: Ross Hunter
Book Condition: Fair
Edition: First Edition / First Printing.
Store Description
Visa, MasterCard, Discover and American Express credit cards accepted. We also accept Bankdrafts, Money Orders, Paypal and personal checks (book will not be sent til check clears). We offer a full book guarantee, if for any reason a customer is not satisfied with their purchase, they may return their purchase for a full refund *NOTE: Return policy includes full reimbursement for the book (books) purchased excluding all shipping costs which are the responsibility of the purchaser. Conover Books w...More Information
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text:
- Podpora
- Registrace
- Vypracování registrační dokumentace
- Jak vytvořit vaši registrační dokumentaci pomocí cloudové služby IUCLID
Jak vytvořit vaši registrační dokumentaci pomocí cloudové služby IUCLID
If you are an SME or a consultant for an SME, you can take advantage of the IUCLID Cloud for SMEs to create your dossier in the IUCLID format.
To use the service, you will need an ECHA account and to subscribe to the IUCLID Cloud service. To do so:
- Go to 'ECHA Cloud services' web page. Here you will find a brief description of the services and a set of useful resources.
- Select 'Access ECHA Cloud services' from the right-hand side menu.
- Select 'Login' and enter your login username and password if you already have an account. If you do not have an account, create one by selecting 'Register' and then:
- enter some basic information to identify your account, and
- create your legal entity. The system will then send you a confirmation email, which you will need to verify.
- Subscribe to IUCLID Cloud by clicking subscribe to the service 'IUCLID Cloud for SMEs'. You are asked to read and accept the terms and conditions for the service.
- After you have subscribed you can then select 'Access service', which will take you to the web interface of IUCLID Cloud.
These are the main steps to follow when creating your registration dossier in the IUCLID Cloud.
The first thing to do in is to create your substance dataset, which includes the administrative and scientific data for the substance you are registering. It is the basis for your registration and you need to include all the required information on the properties, use and exposure of the substance. You can edit the dataset at any time in the future, for example, if you find new information on your substance. If you have included any information in your substance dataset that should not be published on ECHA's website, you need to indicate this by using confidentiality flags. Each confidentiality claim needs to be strongly justified.
Before going any further, check the completeness of your substance dataset by clicking on 'Validate' from your main substance view. This will show you if your dataset is complete or whether you need to adjust it.
The validation report marks the fields you need to take a closer look at. To successfully submit your dossier to ECHA, you will need to correct all submission checks. Quality checks are there to help you improve the quality of your data. Future updates of IUCLID will introduce more quality checks to help you create a high-quality dossier.
The file that you submit to ECHA to register your substance is called a dossier. A dossier is a read-only copy of your substance dataset, complemented with information about the type of your registration.
To create your dossier, you need to fill out the dossier header information of your substance dataset and then select 'Create dossier'.
When editing your dossier header information, pay attention to the following:
- Submission type: choose the correct submission type. Are you registering a substance for standard uses (substance is used as such or in mixtures) and with standard information requirements? Does your registration cover a substance for intermediate uses (substance is used to make another substance) only? Are you a lead registrant or a member?
- Administrative information: you can claim information as confidential, such as your tonnage band or registration number.
- If you are eligible for a fee waiver for 1-10 tonne per year dossiers, you also need to indicate this information here. This is the case if you voluntarily provide the standard information package for your substance although you would be able to register with a reduced set of information.
- Name your dossier: you should give a name to your dossier under 'Dossier name'. The dossier name should enable you to easily identify the dossier in your own system. Do not use confidential information in the name, as it will be seen by anyone you share the dossier with.
After you have created your dossier from your substance dataset you should review it one more time. Even if the Validation Assistant showed no failures when you ran it on the substance dataset, it is important that you also validate your final dossier – you may have added some information during dossier creation that can result in a different completeness outcome.
Once you are satisfied with the data in your IUCLID dossier, select 'Export' from the top corner of the main dossier view to save your dossier onto your computer before submitting it to ECHA using REACH-IT.
You are now able to select which dossier you would like to submit directly in REACH-IT.
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text:
PETG Starter Pack S - 12/10 - Pure & Power
Under the label "CoolForce - powered by Nanoxia" we present selected components for demanding water cooling and modding enthusiasts.
Our PETG Starter Pack S – 12/10 includes a package of PETG Hard Tubes, the corresponding rubber core, and a small selection of fittings. A carefree package for fans of water cooling who would like to create a clean circuit of CPU and GPU cooler, reservoir, and radiator.
Included are a total of six of our standard Nanoxia Hard Tube adaptors for 12/10 mm Hard Tubes, two rotary 90° adaptors for the VGA card, two 90° Hard Tube adaptors, as well as two stopper plugs. Also included is a package of five 12/10 mm Hard Tubes and the rubber core for them. Rounding off the set is a 1l bottle of our CoolForce No.1 Pure & Power Cooling Fluid.
Our CoolForce fittings are of the highest grade and offer outstanding quality. Sealing rings ensure that the fittings are permanently sealed. Using our fittings makes it very easy to lay out the tubes in your system.
The use of high-quality PETG gives our Hard Tubes a unique firmness, making them almost impossible to break. By employing a heat source, for example a heat gun, the tubes can be bent easily. We recommend using the CoolForce Rubber Core, which gives the Tubes the necessary stability in order to ensure a safe and accident-free bending.
Our CoolForce CF No.1 additives improve the performance and appearance of your water cooling and will protect your system in the future. You don't need any additional additives. This product has been tested in leading water cooling solutions. The fluids are non-conductive, with corrosion protection added, and they prevent algae growth in your cooling system.
With our Starter Packs, we offer the perfect set for a long-lasting and attractive water cooling circuit.
|The CoolForce PETG Starter Pack S - 12/10 consists of the following products:
|1 x PETG Hard Tube 12/10 mm - 5 x 50 cm
|1 x Rubber Core for Hard Tubes
|6 x Hard Tube Adaptor G1/4 male to 12 mm Ø
|2 x 90° Hard Tube Adaptor - 2 x 12 mm Ø
|2 x Stopper Fitting G1/4 male
|2 x 90° Rotary Threaded Adaptor G1/4
|1 x CF No.1 Pure & Power
|Order Data
|Code: 4260285296086
|Manufacturer Number: CF-STPSPP
|Order Number: 300300755


text:
+ Add kit to stash (beta) + Add new Blog/Work in Progress + Request instruction + Upload new instruction
"It is more blessed to give than receive"
Upload unique instruction to get 10 extra points right after my approve.
Upload unique instruction to get 10 extra points right after my approve.
Click on advertise to get +3 extra point.
Blogs Alert From now, You can share Your modelling Work in Progress at: Blogs section
Browse folder by manufacturer: Aurora
Latest stash update:
- OA-4M Skyhawk by tbeccone
- H.M.S. WARSPITE - Queen Elizabeth Class by carter
- North American P-51D Mustang - 8th Air Force by Papito
- Gloster Meteor F.3 by lanagreg
- Nieman R-10 by Polish12
- F-14D Tomcat 'CVW-14' by lanagreg
- Kfz 1/20 K2s Schwimmwagen by luap
- GRUMMAN A-6E INTRUDER by lanagreg
- F-104C STARFIGHTER by lanagreg
- Su-27UB LE by lanagreg
- Hawker Hurricane Mk.IA RAF by lanagreg
- Hawker HUNTER F.Mk.6 by lanagreg
- Mig-29 Fulcrum by lanagreg
- P-38L Pathfinder by lanagreg
- Spitfire Mk. XIVc by lanagreg
- Curtiss P-40C Tomahawk by lanagreg
- Heinkel He 177 A-6 "Greif" & HS 293 by lanagreg
- Hawker Sea Fury FB.11 by lanagreg
- TBF-1C Avenger by lanagreg
- KFIR C1/C2 by lanagreg
Soon in library:
- Pz.Kpfw.IV Ausf.F-1 DAK
(Dragon, 1:35, no.9044)
(AFV Club, 1:35, no.35S64)
- M35A2 2 1/2 Ton Cargo Truck
(AFV Club, 1:35, no.35004)
- U.S. M-18 Hellcat Tank Destroyer
(AFV Club, 1:35, no.35015)
- Nebelkraftwagen Sd.Kfz.11/4
(AFV Club, 1:35, no.35051)
- IDF Shot Kal 1973
(AFV Club, 1:35, no.35124)
- T34/76 Model 1942/43 Factory Nr.183
(AFV Club, 1:35, no.35144)
- IDF Centurion Shot Mk.5 1960-Shot Mk.5/1 1967 (Six Day War)
(AFV Club, 1:35, no.35159)
- British Infantry Tank Churchill Mk.III Dieppe Raid
(AFV Club, 1:35, no.35176)
- Early type M42A1 self-propelled Anti-Aircraft Gun Duster
(AFV Club, 1:35, no.35192)
Latest downloads:
- Williams Fw-11 Honda F-1 (No.20019)
- Yakovlev Yak-3 (No.250)
- Hawker Hurricane Mk.IA RAF (No.AK 48026)
- Resistance X-Wing Fighter - The Force Awakens (No.0202289)
- Polar Lights The Forgotten Prisoner of Castel-Mare (No.7509)
- German King Tiger (No.13229)
- Subaru Impreza WRC Monte Carlo 05 (No.24281)
- Brabham BT50 BMW Turbo (No.20017)
- Republic P-47D Thunderbolt 'Razorback (No.61086)
- OA-4M Skyhawk (No.5436)
- Haubitze 203mm M110 A2 SF (No.03037)
- Leopard 2A6EX (No.82403)


text:
July 24
At 12:20 a.m. Geraldo Wilbur Flores, 26, of Sterling, was arrested at 403 W. Main St. on a Sterling Municipal warrant for failure to pay a fine and cost, with a bond of $500.
July 23
At 1:49 p.m. James Ervin Perryman, 53, of Sterling, was arrested at 331 Chestnut St. on a charge of violation of a restraining order.
At 9:50 a.m. Matthew Janda, of Sterling, reported the theft of a Toro self propelled walk behind mower, valued at $800, from 801 Iris Dr., sometime between 12 p.m. July 19 and 11 a.m. July 21.
At 7:29 a.m. Sterling Service Center, 807 W. Broadway St., reported the theft numerous items sometime between 5 p.m. July 22 and 9:26 a.m. July 23. Items stolen included the front office cash draw, valued at $80; a Dell laptop, valued at $$300; a cash draw in a personal office, valued at $60; a computer tower, valued at $467; a router, valued at $75; a camera DVR; an arrowhead collection, with an unknown value; and a lighter collection, valued at $250.
At 2:44 p.m. while at the Logan County Jail, Edward Anthony Baltazar, 21, of Sterling, was advised of a warrant out on him, out of Sterling Municipal Court, for failure to comply. He was told the bond was $211 cash bond and in lieu of the bond he could pay restitution, a $175 fine and $30 court cost.
July 22
At 6:42 p.m. Jesus Moreno, of Sterling, reported vandalism at 616 Jay Dr., occurring sometime between 8 a.m. July 15 and 6:42 p.m. July 22. There were scratches down the side of a 2004 Nissan TK pickup.
At 5:46 p.m. Christina Renteria, of Sterling, reported the theft of a license plate, 124UZB, valued at $4, from 608 Phelps St., sometime between 5 p.m. July 18 and 11 a.m. July 22.
At 10:48 a.m. Shaela Ann Kelley, 20, of Sterling, arrested at Platte St. and Hays Ave. for a felony warrant out of the Logan County Sheriff's Office for failure to comply. She was transported to the Logan County Jail, where she is being held on no bond, per the warrant.
At 11:47 p.m. Paige Lee Turner, 22, of Sterling, was arrested at 501 N. Division Ave. on a charge of possession of a controlled substance – less than 2 grams of meth.
At 2:42 p.m. Janice Smyj, of Sterling, reported the theft of a stainless steel ice machine, valued at $200; an old soda machine with no logo, valued at $175; and a brown gazebo swing, valued at $100, from 915 S. Division Ave., sometime between 2:42 and 3:05 p.m. July 22.
July 21
At 7:27 p.m. Phillip Pollock, of Sterling, reported vandalism and theft at 709 Holly Dr., occurring sometime between 6 p.m. July 17 and 7 p.m. July 21. The door handle on a shed was cut open, with the damage costing $20. Taken from the property were a Toro lawn mower, valued at $150; a Craftsman snowblower, valued at $250; a Homelite weed trimmer, valued at $100; a green Craftsman power washer, valued at $250; and two, one-gallon gas cans, one was full of gas, the other had a gas/oil mix.
July 19
No injuries were reported after a 996 Lincoln Towncar, driven by Michael Campbell, 68, of Sterling, collided with the rear of a 2011 Ford Edge, driven by Denise Miller, 55, of Sterling, in the intersection of W. Main St. and S. 6th Ave., at 5:14 p.m. There was no visible damage to the Lincoln. The Ford sustained slight damage to the rear end. Campbell was issued a citation for following too closely.
No injuries were reported after 2010 Ford F150 pickup, driven by Jeannette Johnson, 73, of Crook, began backing and collided with a 2009 Cadillac STS, driven by Jacqueline Griffee, 44, of Sterling, that was stopped at the intersection of N. 3rd St. and Chestnut St. at 5:01 p.m. Johnson's vehicle sustained slight damage to the rear end. Griffee's vehicle sustained moderate damage to the front. Johnson was cited for improper backing.
July 15
At 5:30 a.m. a city of Sterling patrol car was in pursuit of a person who was on foot, who had multiple felony warrants. They chased the suspect into the lot of Ertle Brother's Discount Auto, 302 W. Main St. The officer exited the vehicle, believing it had been put in park and began a foot pursuit with the suspect. The vehicle backed westbound, colliding it's right rear quarter panel area with the left front end of a sales vehicle, a 2012 Chrysler 300c sedan. Both vehicles sustained slight damage.
July 14
One person was injured after a 1987 Oldsmobile Cutlass Ciera LS, driven by Melinda Holmes, 49, of Sterling, collided with a parked, unattended 2003 Hyundai, in the 1100 block of Nottingham Ct., at 10:07 a.m. Holmes complained of foot injuries and was transported to Sterling Regional MedCenter and later released. Her vehicle sustained severe damage to the front and moderate damage to both sides. The other vehicle sustained moderate damage to it's back side and slight damage to the right, back side. Holmes was issued a citation for careless driving and not wearing a seatbelt.
July 13
No injuries were reported after the left rear of a 2006 Dodge Charger, driven by Brittany Dock, 27, of Sterling, collided with the right front of a 2004 Chevrolet SUV, driven by Kraig Lambert, 37, of Sterling, on Sidney Ave., at 11:06 p.m. Dock had been attempting to change lanes. Her vehicle sustained slight damage to the left rear side and Lambert's vehicle sustained slight damage to the front right side. Dock was issued a citation for improper lane change.
July 9
One person was injured after a 1999 Chrysler Sebring, driven by Kristi Jones, 19, of Sterling, collided front to side with a 1979 Chevrolet Impala, driven by Everett Wallace Jr., 33, of Sterling, after failing to yield at a stop sign at the intersection of N. Division Ave. and Platte St., at 4:12 p.m. Jones reported no injuries. Wallace Jr. had complaint of injury and was transported by Sterling Fire Department. Each sustained moderate damage. Jones advised she was unfamiliar with the area and did not see/know she had to stop at the intersection. She didn't have her vehicle registered. The license plates attached to the vehicle were the previous owners license plates. Jones advised she attempted to register the vehicle, but was not allowed to register it until she had insurance on the vehicle, which she still didn't have. She was issued a citation for failure to stop at a stop sign and charged with displaying canceled license plates and operating an uninsured motor vehicle. Plus, she was served an insurance affidavit and notice of suspension and her physical driver's license was retained.
July 8
No injuries were reported after a 2002 Saturn sedan, driven by Brittany Lopez, 26, of Iliff, attempted to make a left turn from the parking lot of Best West Tires onto the 100 block of Western Ct. and collided with a 1990 Dodge Grand Caravan, driven by Edward Abila, 46, of Sterling, at 12:15 p.m. Lopez gave information and left the scene. She was contacted approximately one hour later. Abila remained on scene. Lopez was cited for vehicle entering the roadway, driving a vehicle when license under restraint and operating an uninsured motor vehicle.
July 22
At 11:55 p.m. fire units responded to 312 Hereford Ave. for a report of a fire. Prior to response, dispatch provided an update that this was on the roof of a structure. The report also stated that it was an oil stack on fire. Upon arrival, fire and smoke were visible exiting a roof vent on the side of the structure approximately midway. Access to that area was limited due to other structures and various materials stored outside the facility. An area was cleared so that a unit could gain access to the roof for a crew to attack the visible fire directly. Two personnel extinguished the fire with a dry chemical extinguishing medium. The cap of the vent was then removed and extinguishment was confirmed. The inside of the building was checked for extension. No more overhaul was necessary, as the fire spread was limited. It appeared that a belt had overheated in the exhaust motor and ignited the surrounding material. Fire units cleared the scene at 1:01 a.m. and at 2:30 a.m. a fire watch was conducted to confirm that no rekindle was present. There was approximately $250,000 worth of property damage and $750,000 worth of damage to the contents on site.
July 21
Sarah Emily Hall, 28, was booked by the SPD on a warrant for failure to appear.
July 20
Jefferson Ed Wood, 36, was booked by the Colorado State Patrol on charges of speeding, driving under the influence and DUI per se.


text:
Analysis Of Google And Viacom's Arguments Over YouTube: A Lot Of He Said/She Said
from the read-the-details deptI've spent the last few hours going through the motions for summary judgment from both Google and Viacom in the YouTube case. If you'd like to kill a few hours yourself:
- Viacom Summary Judgment Motion (pdf)
- Viacom Statement of Undisputed Facts (pdf)
- Google Summary Judgment Motion (pdf)
- Viacom claims that YouTube employees uploaded infringing content themselves, and discussed this over email -- though, the filings carefully provide only fragments of the emails, which could easily have been taken out of context. And, even on top of that nowhere does Viacom explain how YouTube employees could distinguish which content was actually infringing and which was put up for promotional purposes or what was fair use. This is a major weakness in Viacom's motion.
- Viacom's secondary arguments get weaker as you go down the list. It argues that because YouTube uses advertising to make money, that shows the company directly profits from infringement. That argument makes no sense -- because it would effectively wipe out any safe harbors for any commercial operation, which clearly was not the intent of Congress. Based on this argument, any ISP that hosts content from a paying customer loses its safe harbors. That's ridiculous on its face.
- Viacom argues that Google could have blocked uploads with fingerprinting technology it had licensed, but fails to note the massive weaknesses in those fingerprinting technologies (which we still see thanks to Google's bad automated takedowns). It tries to bolster this argument by saying that Google refused to use the fingerprinting on Viacom content unless Viacom agreed to license its content to YouTube. Perhaps there's more to it than this, but I think that's also taking Google statements out of context. The way the fingerprinting works is that Google would need copies of the content to be able to recognize them -- and the only way to do that is if Viacom licensed works to them.
- Then the arguments get really weak. Viacom says that Google isn't just a secondary infringer, but a direct infringer, due to the terms of service that say you're granting a license to YouTube, and because to work, YouTube converts uploaded video to Flash. This is a weird legal argument that has been rejected before.
- The crux of Viacom's argument rests on trying to break the DMCA safe harbors because Google and YouTube execs knew that there was a lot of infringing content on the site. But Viacom's argument breaks down entirely when you realize it doesn't explain how Google could ever make the actual determination of which videos are infringing. Viacom tries to get around this with some legal tap dancing, basically saying that it doesn't matter and Google just should have known what was infringing and what was not. But that makes no sense. Viacom is basically saying Google should have had a magic wand to figure out what's infringing and make it disappear. That's impossible. No law could possibly require Google to do the impossible. The fact that some of the videos Viacom sued over were uploaded by Viacom itself proves this point clearly.
- Viacom argues that because YouTube "licensed" its videos to Apple and Verizon Wireless phones, it shows that it's more than just a passive service provider. Again, this seems like a weak overall argument, as what YouTube was doing was licensing access to the videos in a more convenient format, not claiming control over the videos themselves.
- Viacom's lawyers also have a bit of fun at the fact that some old emails relevant to the case were deleted, even though it's not that ridiculous that not everyone keeps all their emails. The motion also mocks Google and YouTube execs for developing "serial amnesia" when presented with "evidence." But, again, Viacom was asking people to remember specific sentence fragments (potentially taken out of context) from years-old emails.
- The "big surprise" in the Google motion is that Viacom apparently tried to buy YouTube itself. While interesting as a historical nugget, I'm not really sure that really helps the case one way or the other. It doesn't change how Viacom may have viewed YouTube as a platform. The attempted purchase may just have been a way to try to co-opt it into a limited platform, like what happened with Napster.
- Google argues that it has gone above and beyond the DMCA's requirements in providing tools to help copyright holders. Viacom's counter argument, of course, is that those changes are more recent.
- For every claim made by Viacom that Google/YouTube execs made damning statements, it looks like Viacom's statements were even worse. For example:
During these negotiations [to license content] Viacom deliberately allowed its content to remain on YouTube, in part because it thought that "having the content there was valuable in terms of helping the rating of our shows."Google effectively makes the case that Viacom knew the benefits of having its clips on YouTube, tried to negotiate with YouTube for a deal, and when Google came into the picture, basically Viacom just saw it as an easy money grab and massively upped its demands before suing. Google argues that the mass takedown and subsequent lawsuit was really just a negotiating ploy by Viacom to get an upper hand in the negotiations to squeeze more money out of Google.
- Amusingly, Viacom notes repeatedly in its own filings that YouTube didn't want to take down its videos because traffic to YouTube would suffer -- but Google counters by pointing out that it did take down all of Viacom's 100,000 takedown requests within hours and traffic to the site did not suffer and, despite Viacom's expectations to the contrary, traffic to Viacom's own sites did not soar. In other words, despite Viacom's over-inflated sense of how important Viacom's videos were to YouTube, the actual evidence suggests that Viacom was very, very wrong.
- Viacom tries to brush off the fact that it uploaded many videos itself, by saying (in a footnote) that most of those videos were clearly designated as being from Viacom. Google counters by pointing out that (a) this is not true and (b) Viacom repeatedly disguised who uploaded those videos on purpose -- even quoting Paramount's SVP of marketing saying that the clips "should definitely not be associated with the studio -- should appear as if a fan created and posted it." Among the users who uploaded Viacom clips on behalf of Viacom itself?
MMysticalGirl8, Demansr, tesderiw, GossipGirl40, Snackboard and KeithhnOn top of that, they registered with non Viacom email addresses, and even went to the local Kinkos to avoid uploading from Viacom directly. How Google was supposed to distinguish those clips from those uploaded by random users is not explained anywhere by Viacom, which is a hugely damning point against Viacom's case.
- Further damning to Viacom's case -- the fact that Viacom regularly had to backdown on its takedown notices after it was realized that the takedowns were incorrect. This is a point that we've made before and is driven home repeatedly in Google's filing. If Viacom itself can't get it right -- when it holds the copyrights and some of the videos were uploaded by itself -- how the hell is Google supposed to know which videos are legit and which are not?
- Even more amusing is the part that details how Viacom had incredibly complex and detailed rules with BayTSP (who monitored YouTube and sent the takedowns) over what should be taken down and what should be left up. Apparently, those rules changed every few days and the folks at BayTSP compared them to Crime and Punishment. Again, if Viacom required such a complex list of rules for its own partner, how could it expect Google to know what to do without knowing any of that information?
- Google also points out that many of the clips in question have serious questions over whether or not they could be considered fair use -- and those are questions for a court to determine. It is both unfair and outside the scope of the law to expect a third party like Google to be able to make that kind of decision on the fly.
What this comes down to in the end is a basic interpretation of what the DMCA really says and means with its safe harbor provisions. Viacom's interpretation would effectively gut the entire purpose of the safe harbor provisions, disqualifying pretty much any commercial entity that allows user created content from gaining safe harbor protections. Such a reading makes no sense as it would make the DMCA safe harbors effectively meaningless.
Google's motion, on the other hand, is quite compelling and highlights how even if execs are aware of general infringement across the site, it was impossible for them to distinguish what was authorized and what was not, as well as what was fair use and what was not. To require a third party like Google to make such determinations would effectively gut the ability of pretty much any user-generated content site to exist -- which, again, would clearly go against Congress' intentions.
Still, with these sorts of lawsuits, you really never know how things will play out -- and judges often get blinded by "infringement bad, must punish!" type arguments. Hopefully, in this case, reason prevails.
Update: Eriq Gardner over at The Hollywood Reporter basically came to the opposite conclusion and found Viacom's arguments persuasive. To him the discussions among YouTube founders is damning, though I still think there's a massive difference between saying "yes, there are infringing videos on the site" and "we know which videos are infringing" is a large and important gap -- and Viacom failed to close it.
Filed Under: copyright, dmca, fair use, videos
Companies: google, viacom, youtube


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Get up and DanceJohn Jacobson - Hal Leonard Corporation
Get up and DanceJohn Jacobson - Hal Leonard Corporation
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From the "Hop 'Til You Drop" series comes this collection of 12 seasonal "get up and go" songs to get your whole body ready to make music all year long. Originally developed for John Jacobson's "Music Express" magazine, this all-in-one collection comes complete with piano/vocal arrangements, choreography, reproducible lyric sheets and helpful lesson plans and performance tips.
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Scroll down to see all the colors available
Note: Balls are typically a 4 - 6 week delivery and are special order, so are NOT refundable and payment is debited at the time of the order. The airfreight cost from Italy to our warehouse of $133.00 per set is included in the price.
See here for instock products.
EURA balls havea good thermal resistance, a fine dielectric stiffness as well as a good dimensional stability. They are creep resistant (malformation due to the wear and tear, affecting the structure) and have a low humidity absorption.
Ball Size: 107 mm dia and 920gm weight. ( Only correct size for International Competition play )
This set represents the passage from tradition to innovation. Avant-garde technology and traditional colors are combined to give a top quality finish. Includes set of four balls and a 40mm pallina. Inner core made of composite resins.
This ball is made with a unique core material that the outer skin is molded to. By using different sized cores ( which is lighter than the skin ) allows Perfetta to make different weight balls with the same outside diameter. In the USA we are only selling the 920gm balls. In Italy some clubs play with 900, 910 930 etc gm balls.
Note: Due to 2 separate materials of ball, owner must be careful when exposing balls to extreme temperature changes.
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Here is the first artwork for Left Behind, starring Nicolas Cage, Ashley Tisdale and Chad Michael Murray.
Directed by Vic Armstrong, the action thriller is a mainstream remake of the Christian-themed movie franchise, based on the series of books written by Tim LaHaye and Jerry Jenkins that have sold more than 65 million copies worldwide.
In the film, an airborne 747 is head to London when, without any warning, passengers mysteriously disappear from their seats. Terror and chaos spread not only through the plane but also worldwide as unusual events continue to unfold. For those who have been left behind, the apocalypse has just begun.


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Rom Winstar S-3 – Android 8.1
Firmware Winstar S3 MT6580 flashtool
Version: Q5P_80L_WE_3GW_B15_EMMC_DDR2_32_8_FWVGAP_JJKJ_H2_Winstar-S-3_20190720
Description: full_yuanda6580_we_l-user 5.1 LMY47I 1563592926 release-keys
Release: ALPS.L1.MP6.V2_YUANDA6580.WE.L
Brand: Winstar – preloader_yuanda6580_we_l
Official firmware
Gapps include – No Rooted
Language support: Multilang
Rom download:
Links download for membership only
How to flash rom using SP Flash Tool
- Always backup device before flash new rom. Flashing a wrong preloader or firmware, will make the device completely dead.
- Download SP_Flash_Tool and Driver from here
- Instal driver MTK65xx on PC computer.
- Unpack FlashTools, and Click on Flash_tool.exe
- Select "scatter-Loading" and search MT6xxx_Android_scatter.txt in ROM
- Select "Download Only" or if upgrade "Firmware upgrade". If the phone is brick select "format all + download".
- Click Download Button
- Turn off your phone, and connect your phone into the computer via USB data cable.
- The process will start and a red progress bar will appear after color purple, yellow.
- Wait for flashing process to complete
- And green circles display, Finish !
- Reboot device and waiting (5 - 10 minutes) for the phone boot up.
- If there was no cache or userdata inside the ROM folder, you might need to factory reset device from recovery after flash


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Insert the letters of the alphabet A through Z into the grid according to the rules below.
For each new puzzle there are seed letters already in place which cannot be moved.
Rule 1: Each new letter that you place must be either next to, directly above, directly below or on a diagonal adjacent to the previous letter of the alphabet; i.e., "D" must be next to "C"; "C" must be next to "B" etc [ADJACENT RULE]
Rule 2: Once you place a letter in any 2x2 Box, you must finish filling in that Box before placing a letter in a new Box. [BOX RULE]
Rule 3: Any row or column may contain only one vowel (A, E , I , O , U or Y) [VOWEL RULE]
While membership has it's benefits one does not need to sign up to play Mentagy. Follow the link below to select a puzzle. Choose from beginning, intermediate, advanced or try our expert level puzzles. After playing one of our mind expanding strategy puzzles you can save your score or just play another puzzle. Have fun and good luck.
Signing up for membership is very easy. All that is needed is for you to type in your email address.
The feedback is available for members to post their general comments about each puzzle.
If you wish, you can be automatically notified when a new puzzle is posted.
When you solve a puzzle you automatically receive a score based on the level of the puzzle and how fast you solve it. If you score well your handle will be posted in the Top Ten list for that puzzle.
T=Time L=Level C=Checks E=Errors
© 2020 Mentagy
Gulf Coast Makers is a creative community for entrepreneurial and creative DIYers. This is a place where everyone can join together to share resources, information, events and more!Visit the Maker Fair...
As Mentagy gains exposure more and more users are becoming addicted to this puzzle as it appeals to all ages, kids, teenagers, adults and seniors who want to keep their brains sharp.
Mentagy is a great puzzle, a sort of sudoku of letters. The hands on aspect of pegs and holes is more satisfying than paper and pencil and engages the brain in different ways. My 7 year old was able to play the simple puzzles after some hands on explanation. A great sturdy little puzzle that I am sure our family will enjoy for years to come.
The Mentagy puzzle book has 101 puzzles to solve, ranging from Beginner to Expert levels and comes with necessary instructions. Mentagy is a fresh new approach to puzzles and makes for a great brain workout. The time it takes to solve the puzzles varies with skill level making it a versatile activity. This game is intended to develop problem-solving skills and help children exercise to improve chess skills.
Champlain College Continuing Professional Studies Professor Allyn Kahn, of New Port Richey, FL, online instructor of math, statistics, philosophy and critical thinking since 2000, has received multiple awards for the puzzle he developed to help his chess students improve their decision-making. The puzzle, Mentagy, is now available as a game board, puzzle book, and on a digital puzzle platform. read complete article...
Creative Child Magazine's Awards Program is unique in that all products submitted are reviewed by parents, educators and professionals alike. Products are not reviewed by any one person. They are reviewed by many people-the very people who purchase them. Play Mentagy here for Free
In order to be selected as a Tillywig award winner, the toy/game must be determined by our testing team to have high entertainment and/or educational value. When assessing these values, our focus is on evaluating many factors.
Tillywig reviewers stated Mentagy looked and felt well-made. Mentagy receive a high rating for effectively promoting a high level of face-to-face playful interaction Tillwig also felt our puzzle inspired creativity during use/play and fueled the imagination. Many reviews recognized Mentagy for encouraging new ways of thinking and/or promoting physical development.
Karen Porter and Bonite Halpers both say "Congratulations Allyn!" Order the Paperback Book OR The Deluxe Wooden version
If you've been pondering getting your thinking cap out of the closet and dusting it off, fear not. Mentagy will have you flexing your mental muscles in no time. It is a series of puzzles whose solutions each use all the letters of the alphabet in a grid consisting of nine 2 X 2 boxes. There are puzzles ranging from beginner to advanced. Each new puzzle has different blacked out cells that cannot be used and different given letters in place at the outset. Your challenge is to fill in all the empty cells with letters such that each new letter is adjacent to the previous letter of the alphabet and each row and column, once you're done, contains exactly one vowel. Also, once you place a letter in any 2 X 2 box, you must fill in the remainder of that box before proceeding to a new box. How challenging you find Mentagy will shift over time. As you gain experience, you'll happily move to the more difficult puzzles. Regardless of your level, one thing is certain - logic and reasoning will get you everywhere. This set includes a paperback book loaded with Mentagy puzzles that can be solved right on the page, BUT, it is so much more fun to solve them in 3 dimensions using the hardwood game board and pieces that are included. Your brain will thank you! Tillywig 2012 Award Winners
In case you have not heard, the new award winning Mentagy ebooks on the Puzzazz iPhone app are doing well. If you have an Apple device, please go to the App store and download the free app at Puzzazz. You can try over 100 different kinds of puzzles there. During the first two weeks of the Puzzazz App launch, the Mentagy Challenge eBook consistently ranked among the top-ten in-app purchases. Several times Mentagy Challenge was at the Number 3 spot! Read more / Download App
How to play Mentagy, Customer testimonials, Video links, and more...
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Download a practice puzzle (same as above without score and rating)


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Records is home to thousands of new and used records and CDs,
covering all musical tastes
1950's singles and a few choice LP's
Always a good selection of Beatgroups
& Garage on 7" EP and LP
American and British Blues & F0lk, from old collectables
to recent issues
Always loads of collectable Rock / Prog
& Krautrock L Ps
Rare & deleted collectable compact discs
Wide selection of Dance from Hip Hop to House
to Beats including many classic dance tunes
1970's heavy rock to new wave of British &
American Metal
the eighth day.....
God created Manchester
Literally 1000s of Northern Soul singles
in stock from reissues to killer rarities
Loads of ex-chart hits and collectable
picture discs
Always a good selection of singles
and albums in stock
Large selection of new and used LP's. 1000s
of singles from the '60s onwards.
Check our regular auction of rare reggae
1000s of albums and singles from '70s funk
to '90s soul 12"
Weird & wonderful selection of
soundtracks and exotica
to sell? We are constantly
buying, particularly in our specialist areas - please contact us
- no collection too large or small
minute away! Open
10am - 5.30pm, Monday to Saturday
Copyright © 2007
- 2020 All rights reserved Contact


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Jackson & D.C.: We almost knew ya
Throughout the course of his life, pop star Michael Jackson bounced around from various homes, residences and hotel rooms all around the world.
Although Washington was never a primary destination for the King of Pop, we did get to see the Gloved One from time to time.
A trip down memory lane.
1984: Jackson accepts an award at the White House from President Ronald Reagan for his work helping people overcome alcohol and drug abuse. Reagan writes Jackson a letter which reads, in part: "You've gained quite a number of fans along the road since 'I Want You Back,' and Nancy and I are among them."
Reagan would later write in his journal (published decades later) that he was "surprised at how shy" Jackson was and said Jackson "is totally opposed to Drugs & Alcohol & is using his popularity to influence young people against them."
1990: President George H.W. Bush presents Jackson with the "Artist of the Decade" award at the White House.
"[H]e has a tremendous following," says Bush. "He does good work, what we call the Points of Light concept."
1992: Jackson swings into town to receive an award from the National Association of Black Owned Broadcasters. Jackson tells Ebony magazine that "I never get into politics."
1993: Jackson plays a big role in President Bill Clinton's inauguration, performing at the Lincoln Memorial along with Bob Dylan and Elton John, as well as at the Presidential Gala at USAir Arena.
At the gala, Jackson pleads with Clinton to provide sufficient money to fight HIV/AIDS. While in town, he swings by the Children's Hospital to visit patients.
2001: Jackson performs at RFK stadium for a post-9/11 concert - "United We Stand: What More Can I Give" — to benefit the American Red Cross.
2002: The Washington Post reports that "Washington film production company owner Joe Becker says close associates of Michael Jackson have stiffed him for the six-figure sum he advanced for an abortive music video of Jackson's tune, 'What More Can I Give?,' which was supposed to have featured the aging Prince of Pop and a cast of rock stars at the Lincoln Memorial."
2004: Jackson makes a trip to Capitol Hill to get help in the fight against HIV/AIDS. He remains mum during a news conference, and the Congressional Black Caucus is less than eager to meet with him.
USA Today reports: "They had turned down his request to attend its meeting Wednesday, saying they were too busy dealing with legislative issues affecting black Americans."
2007: Jackson tours the Smithsonian's National Air and Space and American Indian museums. Jackson scopes out potential summer homes on the Eastern Shore, causing quite a buzz that he might move to our neighborhood.
He never did.


text:
DescriptionXSplit VCam offers cutting-edge background removal and blurring that's possible with any webcam and without the need for expensive green screens, complicated lighting setups, and tons of space. Easily open an app, add XSplit VCam as your camera source, and replace, remove, or blur your background. XSplit VCam supports JPEGs, GIFs, PNGs, and full web pages so you can replace your background with whatever image you want. This tool works with streaming apps such as Open Broadcaster Software (OBS), Steamlabs, and XSplit. Perfect for podcasts, vlogs, talks shows, or other video projects, XSplit VCam also works with all major video chat applications and conferencing solutions so you can use it for remote work, virtual interviews, meetings, or teaching.
System Requirements
Important Details
About the DeveloperSplitmediaLabs is an innovative Hong Kong-based software development company that specializes in the creation of multimedia applications and technology. They create community-driven, fully inclusive gaming products that provide all the tools players need to create, discover and connect.


text:
- Destinations
- United States Of America
- New York
- Hyatt Centric Times Square New York
Things to do in New York
Take a stroll through Central Park
At over 800 acres, Central Park isn't your average city park. Size-wise, it's bigger than Monaco, so you can expect...Read More
Wander across the Brooklyn Bridge
For the finest, spine-tingling views of New York's poetic skyline, hotfoot it here. The first bridge to connect... Read MoreRead More
Travel back in time at the Museum of Natural History
Travel back in time at the Museum of Natural History
Jaw-dropping dinosaur skeletons. Mammoth Meteorites. And 36 million natural science specimens, gemstones and exhibits... Read MoreRead More
Visit Times Square at night
Visit Times Square at night
A trip to New York without seeing Times Square is like a visit to London without... Read MoreRead More
Admire Manhattan from the High Line
Admire Manhattan from the High Line
Once a beaten railroad track carrying freight trains, this elevated space has be... Read MoreRead More
Spend the afternoon people-watching at Grand Central
Spend the afternoon people-watching at Grand Central
Grand Central is one of the city's architectural showstoppers and a people-watch... Read MoreRead More
Catch a show on Broadway
Catch a show on Broadway
The only way to spend a spare evening in New York is on Broadway. It's arguably ... Read MoreRead More
Climb to the crown of the Statue of Liberty
Climb to the crown of the Statue of Liberty
Standing at the gateway to New York harbour, this iconic statue was the first gl... Read MoreRead More
Get a bird's eye view from the Top of the Rock
Get a bird's eye view from the Top of the Rock
If you're looking for a place to see the city skyline, try the Top of the Rock. ... Read MoreRead More
Pay your respects at the 9/11 Memorial
Pay your respects at the 9/11 Memorial
New York's most moving site, the 9/11 Memorial draws thousands of sightseers eac... Read MoreRead More
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Babette's Feast (Babettes Gæstebud)
Academy Award® Winner
Starring Stéphane Audran, Jean-Philippe Lafon, Jarl Kulle
Directed by Gabriel Axel
Running Time - 1:39
Genre - Drama
Opened in Theaters - Thursday, January 1st, 1987 (12105 days ago)
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Home VideoThis movie is likely available now on home video.
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Conservation Technology Conference
March 3 and 4 on the campus of Ohio Northern University in Ada. The meeting and program have been ... developed by The Ohio State University Extension Specialists along with Agriculture and Natural Resources ... crop and new developments in precision agriculture are included in the program. The popular "Corn ...
2019 Pilot Workshop- Taking Flight with Citizen Science
Flight with Citizen Science" was a pilot workshop series developed in 2019 for Ohio Certified Volunteer ... in SENR), Matthew Shumar (Program Coordinator for the Ohio Bird Conservation Initiative), and Denise ... Ellsworth (Program Coordinator for Ohio State Entomology Extension). Applications such ...
HCS graduate students receive 2020-2021 Ohio Soybean Council Foundation Graduate Scholarship
Congratulations to Tu Huynh and Christian Vargas-Garcia! They were each awarded a Ohio Soybean ... Council Graduate Scholarship for 2020-2021. There are three scholarships of up to $5,000 each. The Ohio ... available in this agricultural sector. The OSC scholarship support students at Ohio colleges and ...
Farm Bill Decision Deadline Fast Approaching
actual revenues. For those with prevent planted acres, the ARC-IC program may be worth consideration. ... a program election and decide you want to make a change, you may do so until March 16 th. Information about ... than one month. If you have not met with your FSA office staff to enroll in the Farm Bill program ...
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Communication; Home & Family; and Special Interest. As always, Ohio FFA state officers will be teaching one ... The 7 th Annual East Ohio Women in Agriculture Conference will be THURSDAY, March 19 from 9:00 am ... Massillon, OH 44646. This year's program will feature 18 break-out sessions presented by OSU Extension ...
Cover Crop Recipes for New Users
recipes were developed to address Ohio's most common crop cropping system, the corn/soybean rotation. The ... common cover crop species and links to other resources. Ohio is one of 13 states and provinces ... loads in surface or groundwater. Talking with Ohio State University Extension, NRCS, or Soil and Water ...
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Annual two-day educational program with 60 speakers in concurrent sessions with session titles ... Cover Crops, No-till, and Soil Health; Managing Cover Crops in Spring 2020; Building on Ohio No-till ...
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Production Budgets: pages 26-31 Ohio Planting Progress: page 22 2018 Farm Bill: page 32 The e-version of the ... a challenging year for many farmers including the eFields team but despite the challenges, the team was able to ... grow. The 2019 report covers 88 on-farm, field scale trials conducted in 30 Ohio counties. and provides ...


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Enrolling in the state's new health exchange? | Poll
by BBJ Staff
Filed on 04. Sep, 2013 in Polls
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