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The Supreme Court heard arguments on Monday in the case of Milavetz, Gallop & Milavetz v. the United States. The specifics of the case were discussed in a series of articles in the New York Law Journal Monday and yesterday by Marcia Coyle.
The Milavetz & Gallop firm, based outside Minneapolis, Minnesota, along with some of their clients, challenged certain provisions of the amendments to the Bankruptcy Code of 2005, called BAPCPA (Bankruptcy Abuse and Prevention Consumer [credit card company, actually] Act) on First Amendment grounds, only one month after it became law.
The Milavetz firm most prominently challenged provisions of the Code which demands that they place a notice on all Bankruptcy related advertising that indicates that the firm is a "debt relief agency," thus equating law firms with the fly-by-night debt counselors you hear about on the radio. The firm argued that this is insulting to lawyers and an unconstitutional regulation of true, non-misleading speech.
They also challenged the Code's new requirement that attorneys representing clients contemplating bankruptcy may not advise those individuals, if they are below a certain income level, to take on any new debt. Milavetz asserts that this rule unconstitutionally interferes with the lawyer/client relationship. It also prevents attorneys from advising clients to consolidate debt by taking out a new loan, a strategy which may help keep some people out of bankruptcy altogether.
Milavetz even said that if the high court doesn't come down on their side, holding the challenged provisions of the Bankruptcy Code to be unconstitutional, "we will handle no more consumer bankruptcy cases…"
Hopefully the Supreme Court will indeed find these overeager provisions of the 2005 Bankruptcy Code amendments unconstitutional.
If you need help with a Bankruptcy, Foreclosure, and Mortgage Modification matter in the New York area, please give us a call at 800-344-5431 or you can click here to contact us by e-mail.
Picture courtesy of Milavetz, Gallop & Milavetz, P.A.
In the United States today there are more than more than twenty-two hundred (2,200) juveniles who are incarcerated as adults. These juveniles are serving life sentences without the ability to obtain parole (to be released from jail prior to the end of their sentence). Among the twenty-two hundred (2,200) juveniles, there are some prisoners who are as young as thirteen (13) years old.
In 2005, the United States Supreme Court, in a close decision (5-4), held that an individual who committed a crime when he or she was younger than eighteen (18) years of age cannot be executed. The court held this was unconstitutional.
On Monday, November 16, 2009, attorneys representing two minors sentenced in the State of Florida argued before the United States Supreme Court that the theory behind the prior death penalty decision in 2005 should also be extended to minors receiving life sentences.
The theory behind the death penalty decision of the United States Supreme Court was based on two key factors: (1) minors are not as culpable for this crimes as adults and they can be reformed and (2) The Supreme Court held that it would be "cruel and unusual punishment" to execute minors. Cruel and unusual punishment is banned by the 8th Amendment to the United States Constitution.
Terrence Graham and another individual robbed a restaurant. He is in jail for this crime. In 2004, when he was only seventeen (17) years of age, he was sentenced to life in prison without parole. This action was taken because he violated the terms of his probation by committing another robbery at gun point.
Joseph Sullivan, committed a burglary when he was thirteen years old. He thereafter was convicted of sexual battery against a seventy-two year old woman. Joseph Sullivan, a mentally disabled individual, has been convicted of several serious felonies and seventeen criminal offenses overall.
In the aforementioned two cases, both of the juveniles were given life sentences for crimes that did not involve homicides. It should be noted that more than 135 countries throughout the world do not allow life sentences for juveniles.
The United Nations Treaty prevents the imprisonment of children without the possibility of parole. All of the countries who are members of the United Nations with the exception of the United States and lonely Samoa have executed this treaty.
Is our society mature and sophisticated enough to deal with errant juveniles without warehousing them in prisons for their entire life?
Picture courtesy of acslaw.org
Can The Police Strip Search You For Driving on a Suspended License?
September 9, 2009
Have you ever failed to pay all or part of a ticket, and then unknowingly had your license suspended, and then continued to drive using that suspended license?[1] Have you ever hung out in a club or bar where people were using drugs?[2] Do you know anyone who has failed to keep their property clean?[3] If so, it is possible for the police to arrest you and, until recently in New York City,[4] strip search you!
The law in New York states that a police officer may arrest you if he sees you commit a misdemeanor.[5] The three crimes listed above (and many others) qualify as misdemeanors, and so if the police observe you committing one of them, they are permitted to, but are not obligated to, arrest you.
The New York City Department of Corrections made it a practice to strip searchall misdemeanants charged with drug or weapons crimes who were detained upon arrest as well. The City claimed that "like felony detainees, [these misdemeanants] could never legitimately claim that they had a 'right' not to be strip searched."[6]
Unfortunately, there are major problems with the City's logic. The 4th Amendment to the U.S. Constitution, as applied against the States by the 14th Amendment, prohibits the government from conducting "unreasonable" searches and seizures. Claiming that the Dept. of Corrections violated this Constitutional provision, a group of arrestees who had been strip searched at Riker's Island without any individualized inquiry as to whether they were likely to be hiding weapons or contraband, sued the City of New York for violation their Constitutional right not to be searched "unreasonably."[7]
Mark Hamblett, in the New York Law Journal, pointed out Southern District Judge Gerard Lynch's recent finding in this case that the city is liable for violating the Constitutional right of those arrestees.[8]He pointed out that the Second Circuit Court of Appeals recently held that "it is 'long-standing precedent' that before a misdemeanant may be lawfully strip-searched on intake, the Fourth Amendment requires an individualized 'reasonable suspicion that [he] is concealing weapons or other contraband based on the crime charged, the particular characteristics of the arrestee, and/or the circumstances of the arrest.'"[9]
Judge Lynch reaffirmed the notion that the Constitutional default setting of the police should be "Do Not Search" mode. Deviations from that require some specific, individualized justification. The police must have some specific reasons to justify a "reasonable suspicion" that a detainee may be in possession of either contraband or a weapon that poses a danger to the police.
The bottom line is that it is better not to commit any misdemeanors to begin with. But if you are arrested for one, the police need some specific facts on which to base a suspicion that you in particular have contraband or weapons (that would be revealed by a strip search) in order to conduct a strip search. If the police find anything illegal during a strip search, and the search was conducted without "reasonable suspicion," you may be able to have that evidence suppressed. So be sure to hire a good criminal defense attorney to help you with this or any other criminal defense matter.
[1]NY Veh. & Traf. § 511(1) (West 2009)
[2] NY Penal § 240.36 (West 2008)
[3] NY Penal § 240.45 (West 2008)
[4]McBean v. City of New York City, 2009 WL 2524617 (S.D.N.Y. Aug. 14, 2009)
[5]NY Crim. Proc. § 140.50 (West 2004)
[6]McBean at *6.
[7]McBean at *1-2.
[8]McBean at *6.
[9]Kelsey v. County of Schoharie, 567 F.3d 54, 62 (2d Cir.2009)
Getting a Common Law Marriage Recognized in New York
August 24, 2009
Common Law Marriage Versus Regular Marriage
The majority of states have laws establishing that marriages are only recognized when created with a marriage license and an official marriage ceremony. This is very important because many rights are dependant on the existence of a valid marriage. For instance, only a wife is entitled to an equitable share in the couple's marital property and only a husband in a valid marriage will inherit from his wife if she dies without a Last Will and Testament.
Many situations exist, however, where a couple lives as husband and wife without ever formalizing their relationship with a marriage license and ceremony. This is referred to as a "common law marriage." The parties will only have marital rights if their common law marriage is valid in one of the few states that still recognize common law marriage. Those states include Pennsylvania, Alabama, Colorado, District of Columbia, Georgia (if created before 1/1/97), Iowa, Kansas, Montana, New Hampshire (for probate purposes), Oklahoma, Rhode Island, South Carolina, Texas, Utah, Ohio, and Florida (if created before 1968).
New York's Recognition of Out-of-State Common Law Marriages
Even where a couple lives in a state like New York that has abolished common law marriage, if the marriage is valid in a state that does recognizes common law marriage, then New York would recognize the marriage as well,[1] pursuant to the "full faith and credit" clause of the Constitution.
For instance, if a common law married couple lived in New York, and merely vacationed briefly in a state like Pennsylvania that does recognize common law marriage, New York State courts may very well recognize that marriage as valid.[2] This is because "Pennsylvania [does] not require that the couple reside within its borders for any specified period of time before their marital status will be recognized."[3]
Not only that, but "behavior in New York before and after a New York couple's visit to a jurisdiction that recognizes common-law marriage, like Pennsylvania, may be considered in determining whether the pair entered into a valid common-law marriage while cohabiting, even briefly, in the other jurisdiction."[4] Evidence of either actual cohabitation in Pennsylvania (like hotel receipts) or the renewal of the private marriage vows in Pennsylvania would still be required.[5]
Because New York only recognizes a common law marriage where that marriage is valid under the laws of a state that validates common law marriage, it is important to understand what the elements of a common law marriage are in that state. This will determine what one must prove in order to have the marriage recognized in New York. Using our Pennsylvania law example, there is one primary requirement that must be met to validate a common law marriage.
Common Law Marriage Under Pennsylvania Law
"A common law marriage can only be created by an exchange of words in the present tense, spoken with the specific purpose that the legal relationship of husband and wife is created by that."[6] "Present tense" means that there must be evidence that the couple made a verbal commitment to enter a marriage at the time of that verbal statement. This means that making statements affirming or acknowledging a pre-existing marriage status or verbally expressing the intent to get married in the future do not qualify.
Where one or both of the parties are unable to testify that words were spoken in the present tense to create a marriage status, Pennsylvania law will create a rebuttable presumption that a common law marriage exists when the party alleging the existence of the common law marriage offers "sufficient proof" that the couple was in (1) Constant Cohabitation and a (2) reputation of marriage "which is not partial or divided but is broad and general"[7]
Interestingly, in September of 2003, the Commonwealth Court of Pennsylvania in its PNC Bank decision purported to abolish all common law marriage going forward, after the date of that case.[8] However, other Pennsylvania courts may not be bound by its decisions,[9] and the Supreme Court of Pennsylvania declined to abolish common law marriage, deferring that decision to the legislature.[10]
But even assuming that the PNC Bank decision were binding, many common law marriages will still survive. If the facts that gave rise to the common law marriage took place before September 13, 2003, when PNC Bank was decided, the marriage would still be valid.[11] This means that if the couple made their private statements creating the marriage, cohabited in Pennsylvania, and had the general reputation of being married prior to Sept. 13, 2003, then their common law marriage would still be recognized under Pennsylvania law, even if PNC Bank were held to be binding precedent.
If a couple has (1) made statements to each other to effect their marriage, (2) has lived together continuously (and at least temporarily on vacation in a state like Pennsylvania that recognizes common law marriage), and (3) has held themselves out and has had the reputation generally of being husband and wife, then New York Courts may indeed recognize their marriage as valid for the purpose of equitable distribution in divorce, a spousal share in an estate, and many other purposes.
As always, these legal issues are complicated, and it is worth noting that our office has extensive experience in matrimonialand estate law. If you need legal representation in general, or if you find yourself in a situation where you may have legal rights under the theory of common law marriage in the divorce or estate contexts, please do not hesitate to contact our office.
[1] See, e.g., In re Steiner, 786 N.Y.S. 2d 83, 84 (N.Y. App. Div. 2nd Dept. 2004); Sears v. Sears, 700 N.Y.S. 2d 626, 627 (N.Y. App. Div. 4th Dept. 1999); Lancaster v. 46 NYL Partners, 651 N.Y.S. 2d 440, 443 (N.Y. App. Div. 2nd Dept. 1996); Tornese v. Tornese, 649 N.Y.S. 2d 177, 178 (N.Y. App. Div. 2nd Dept. 1996).
[2]Tornese at 178.
[3]Carpenter v. Carpenter, 617 N.Y.S. 2d 903, 904 (N.Y. App. Div. 2nd Dept. 1996); In re Landolfi, 727 N.Y.S. 2d 470, 472 (N.Y. App. Div. 2nd Dept. 2001).
[4] Carpenter at id.; In re Landolfi at id.
[5]In re Landolfi at id.
[6]Staudenmayer v. Staudenmayer, 714 A.2d 1016, 1020 (1998).
[7] Id.
[8]PNC Bank Corp. v. Workers' Compensation Appeal Board, 831 A.2d 1269, 1272 (Commw. Ct. Penn. 2003).
[9]Stackhouse v. Stackhouse, 862 A.2d 102, 104-05 (Pa. Super. Ct. 2004).
[10]Staudenmayer at 1020 (1998).
[11] Id. at 108.
Picture courtesy of ehow.com.
Two Articles from This Blog Featured on GetLegal.com
August 16, 2009
Two articles that originally appeared on this blog were recently featured at GetLegal.com.
One article which originally appeared here was published at GetLegal at the very end of last month: COMMENTARY: Fetal Homicide Laws & Legal Abortion – The Common Denominator
The other article which originally appeared here was published this past Monday: Driving While Intoxicated (DWI) Without Actually Driving
Picture courtesy of Daron Sutton.
Jewish Groups Support Reversal of NY Court's Nullification of Rabbinic Arbitration Decision
August 14, 2009
As reported here, and as Mitchell Rubenstein predicted, the Appellate Division of the Supreme Court will consider a teacher's appeal of a Kings County Supreme Court's nullification of a rabbinical arbitration panel's decision in an employment case.
Following a dispute between the Hebrew Academy of Five Towns and Rockaway and one of its teachers, Nachum Brisman, regarding the school's decision to terminate his employment, both sides agreed to have their dispute arbitrated by a well-known rabbinic panel, the Beth Din of America. The rabbinic panel's arbitration decision favored the teacher in the dispute and when the teacher brought the decision to the Kings County Supreme Court to enforce the decision, it instead vacated it. Judge Balter's decision can be read here.
Now, Brisman has appealed the lower court's vacature of the arbitration before the Appellate Division. Three major orthodox Jewish organizations, the Orthodox Union, Agudath Israel of America, and Torah U'Mesorah, joined together last week to file a "Friend of the Court" brief, arguing that the Appellate Division should reverse Judge Balter's vacature of the arbitration panel's decision.
You can read the amicus brief here.
The organizations' amicus brief emphasized that their support of Brisman's appeal "should not be construed as advocacy on behalf of either party with respect to their underlying claims." Rather, they clarified in the brief that they are advocating for the reversal of the Supreme Court's vacature of the rabbinic arbitration agreement in order to prevent the weakening of the rabbinic arbitration system in general.
Indeed, it is difficult to fathom how the court could nullify an arbitration decision that both parties had agreed in advance to abide by. Such a decision seems to encourage the losing party in any kind of arbitration decision to appeal any decision if he knew that the state courts would vacate any decision that the losing party was unhappy with, as long as he could convince the court that the arbitration panel's decision is "irrational."
We will see if the Appellate Division agrees. Update 2/19/10: It does!
Picture courtesy of vosizneias.com
Norm Simon and Samantha Ettari wrote an article for Monday's edition of the Metropolitan Corporate Counsel magazine regarding how New York's long-arm statute (§ 302(a)(1)) may give New York courts jurisdiction over non-New Yorkers by merely sending e-mail to someone in New York!
Mr. Simon and Ms. Ettari surveyed a number of recent cases that relate to whether's New York's jurisdiction statute gives the state jurisdiction over foreign parties, even where that party's only contact with New York was by phone, e-mail or other electronic communication.
A leading case cited by the authors is Deutsche Bank Sec., Inc. v. Montana Bd. of Inv. In that case, an out-of-stater used an electronic messenging service to transact a deal with a trader, based in the trader's home office in New York. Under those facts, the Court of Appeals held that "proof of one transaction in New York is sufficient to invoke jurisdiction, even though the defendant never enters New York, so long as the defendant's activities here were purposeful and there is a substantial relationship between the transaction and the claim asserted."
However, recent New York Supreme Court cases have held that e-mail, and even telephone conversations alone will not support New York long-arm jurisdiction without something more. The authors cited one recent case, CPI NA Parnassus B.V. v. Ornelas-Hernandez, Index No. 600997/08 (Sup. Ct. N.Y. Co. Feb. 6, 2009), where a business deal was transacted electronically, but the two out-of-state parties dealt with a third party based in New York. In that case, the court found a sufficient nexus between the transaction from which the litigation arose, the parties, and the state. However, the same judge ruled in Shahidsaless v. Ebadi, Index No. 115835/07 (Sup. Ct. N.Y. Co. Jan. 14, 2009) that one meeting in New York by two out-of-state parties, along with an e-mail exchange between them was not sufficient to establish jurisdiction.
The authors concluded that the courts consider many factors when determining long-arm jurisdiction based on electronic or other contacts with parties in New York. The cases mentioned indicate that small differences in the facts of a situation can make all the difference in ambiguous cases.
As always, you may contact our office with any questions about this or a related matter.
Picture courtesy of peripersonalspace.
Right now, it depends which part of New York you live in. In Westchester and Albany, the police do not need a warrant to place a GPS tracking device on your car, but in Nassau County they do.
On March 24th, the New York Court of Appeals heard oral arguments (video here) in the case of People v. Weaver, which will probably lay out a uniform rule for all of New York State (the Supreme Court of the United States has not yet ruled on the matter). In that case, the Defendant is appealing of the affirmation of his conviction by the Appellate Division, 3rd Dept. People v. Weaver, 52 A.D.3d 138 (3d Dept. 2008).
In this case, Albany police secretly placed a GPS tracking device on the Defendant's car to track his movements without acquiring a search warrant beforehand. The issue in the case is whether tracking someone with a GPS device constitutes a "search." If it does, then the police must either get a warrant first or justify their decision not to obtain a warrant under one of the established warrant requirement exceptions. If it is not a search, then the Fourth Amendment would not be implicated at all and no warrant would be required.
The trial court and the Appellate Division reasoned that placing the GPS tracking device on the car was not constitute a search and thus did not require a warrant because the police were not learning anything from the tracking device that they could not have learned by simply following the car. The courts held that since anyone can follow any car on the road, individuals do not have a "reasonable expectation of privacy" that the location of their cars on the roads will remain a secret.
During the oral arguments in the Weaver case, Chief Judge Lippman asked the attorney for the government whether he would see any constitutional problem if the police decided to work with car dealerships to install GPS tracking devices on everyone's car to watch their every vehicular movement. He elicited an admission by the government lawyer that his position was that such a practice would not offend individuals' "reasonable expectation of privacy" under either the New York or U.S. Constitutions.
My legal e-pen pal, James Maloney, Esq., alerted me to this case and recently watched oral arguments as well, and predicted that the new Chief Judge Jonathan Lippman will pen a majority opinion finding that surreptitiously installing a GPS tracking device on a car does constitute a search and would ordinarily require a warrant absent some kind of exigent circumstances (emergency). Or, even if he does not write a majority opinion, that he would write a strong dissent arguing that placing a GPS tracking device on a car does constitute a search.
In this case, the danger of a limitless right by the police to track individuals' every movement justifies a constitutional requirement that they obtain a warrant before doing so in order to avoid abuses.
As always, if you need criminal defense help or feel that you are being investigated by the police for a crime, you are invited to contact our office.
Update 5/12/09: I posted one day too early. I have not gotten to read the case yet, but apparantly the Court of Appeals just issued their decision in this case, finding that the New York Constitution does indeed prohibit warantless placement of GPS tracking devices without a showing of Exigent Circumstances by police. LINK.
Picture courtesy of consumertracking.com. As always, if you need help with any criminal matter, you are invited to contact our office.
Edward Zalinsky, a Tax professor at Cardozo Law School (Yeshiva University's law school in New York City), wrote an interesting article at the Oxford University Press Blog.
In it, he explained how he sometimes telecommutes from his home in Connecticut to his job in New York City. He did not include the income he made that he felt was attributable the work he performed in Connecticut. He argues that the Due Process and Commerce Clauses of the Constitution prevent New York state from taxing income earned outside of its borders.
He has taken his case all the way to the New York Court of Appeals, but he was not successful. He argues that, especially now, people should be encouraged to telecommute in order to help prevent the spread of Swine Flu.
Here's the article: Swine Flu, Telecommuting and New York's Extraterritorial Taxation of Nonresidents' Incomes
Last week, the Supreme Court announced the groundbreaking decision of Arizona v. Gant, significantly limiting the police's ability to conduct searches of automobiles "incident to a lawful arrest" without either a warrant or probable cause. Before the Gant case, however, New York courts have consistently interpreted the State Constitution much more strictly, in this regard, than the Supreme Court had interpreted the U.S. Constitution.
This post will explore whether the new Gant decision makes the national rule regarding incident-to-arrest searches more lenient, as strict as New York's rule, or stricter than New York, which would invalidate the New York rule to the extent that it was more lenient than the new Gant rule. This post will conclude that the Supreme Court's new rule in Gant is still more lenient than New York's rule, and that New York's search-incident-to-arrest jurisprudence will probably not be affected by the holding in Gant.
For a nice summary of the development of the Supreme Court's rules with regard to searches of automobiles incident to a lawful arrest, see the first part of Evidence ProfBlogger's post at PrawfsBlawg, Coming Out of the Closet: How Arizona v. Gant Could Lead to the Shrinking of the Scope of Searches Incident to Lawful Home Arrests.
In short, before Gant was decided on Tuesday, the national rule, established by the Chimel case, was that was that incident to any lawful arrest, police may search "the area from within which he [an arrestee] might gain possession of a weapon or destructible evidence." In the context of car arrests, the Court, in New York v. Belton, made a bright line rule that "when a policeman has made a lawful custodial arrest of the occupant of an automobile, he may, as a contemporaneous incident of that arrest, search the passenger compartment of that automobile." This right was automatic. It did not depend on the arrestee's actual ability to reach a weapon or destructable evidence, nor did the police have to show probable cause or reasonable suspicion that the car was likely to contain evidence or a weapon.
These cases set a very low bar for what would constitute an "unreasonable search and seizure" in the context of a search-incident-to-arrest of an automobile. But New York has consistently interpreted its own Constitution more strictly, not adhering to the lenient bright line rule set by Belton.
People v Blasich, 541 N.E.2d 40 (1989), and, later, People v. Galak, 616 N.E.2d 842 (1993), have interpreted the New York State Constitution's "[s]ecurity against unreasonable searches, seizures and interceptions" provision (Article I, § 12) as follows: The Court of Appeals has held that the "search-incident-to-arrest exception to the warrant and probable cause requirements of our State Constitution… exist[] only to protect against the danger that an arrestee may gain access to a weapon or may be able to destroy or conceal critical evidence." Blasich.
Alternatively, the Court held that police may search the car, even where the arrestee factually cannot reach it, where they have
"probable cause to believe that the vehicle contains contraband, evidence of the crime, a weapon or some means of escape. If so, a warrantless search of the vehicle is authorized, not as a search incident to arrest, but rather as a search falling within the automobile exception to the warrant requirement." (emphasis added)
The Blasich court further held that "the proper inquiry in assessing the propriety of [the] search is simply whether the circumstances gave the officer probable cause to search the vehicle… Which of those crimes the officer selected when formally notifying the suspect that he was under arrest has little bearing on the matter." In other words, it is immaterial whether the probable cause justifying the car search is also probable cause of the same offense that justified the initial arrest. As long as there is probable cause of some crime justifying the automobile search, the police may search it.
The question is whether the Supreme Court's Gant decision last week brings up the U.S. Constitutional test for searches incident to arrest to the point where it is stricter than, more lenient than or the same as New York's rule.
In order to answer that question, we must first understand what level of certainty the Supreme Court now requires the police to have that they will find evidence in the arrestee's car. According to Gant, the police may only search an arrestee's vehicle when when he "is unsecured and within reaching distance of the passenger compartment the time or the search", or when it is "reasonable to believe that evidence of the offense of arrest might be found in the vehicle." (emphasis added)
How certain must they be that evidence of the offense of arrest may be found in the car? The same level of certainty as "probable cause?" "Reasonable suspicion?" Some new test?
Orin Kerr offers a fundamental discussion of this question in a post at The Volokh Conspiracy, entitled When Is It "Reasonable to Believe" That Evidence Relevant to An Offense is In A Car? Does that Require Probable Cause, Reasonable Suspicion, or Something Else?.
In that post, he rules out the idea that "reason to believe" means probable cause because if that is what it meant, the search would be justified under the "automobile exception" to the warrant requirement irrespective of the "search incident to a lawful arrest" exception. Furthermore, he points out that Justice Alito's dissent specifically distinguishes the "reason to believe" standard from "probable cause," indicating that he understood the majority's "reason to believe" test to be something other than probable cause.
I would add that even though the New York Court of Appeals in Blasich, above, uses the phrase "reason to believe" to mean "probable cause, I do not think it is necessarily relevant in determining the Supreme Court's intended meaning when using the phrase "reasonable to believe."
Professor Kerr also reasons that it is unlikely that Terry's "reasonable suspicion" test is the underlying meaning of "reason to believe." As applied to the car search context, "reasonable suspicion" would probably be defined as "whether 'a reasonably prudent man in the circumstances would be warranted in the belief' that there was evidence relevant in the arrest in the passenger compartment of the car." Prof. Kerr opines that this standard would seem difficult to apply in the context of a determination of whether a search for evidence is reasonable, in contrast with its simpler application in a Terry frisk, when the officer has to make a quick decision about whether the person in front of him may be concealing a weapon.
Prof. Kerr concludes that "reasonable to believe" is probably something less than probable cause, but it is not clear to him exactly what level of certainty it is.
"Reasonable to believe" is most likely less than probable cause. Partly, this is because, as Prof. Kerr pointed out, Justice Alito understood the majority this way in his dissent (and Stevens opinion in Gant also takes note of how influential the Brennan dissent in Belton was in shaping courts' interpretation of the Belton majority). Also, if the majority opinion had intended to invoke the big gun, the probable cause standard, it should have and probably would have done so explicitly.
But there is another reason why this author believes that the court requires less than probable cause to justify the car search when the arrestee is secured. The fact that the court requires that the officer have a reasonable belief that evidence of the "offense of arrest" might be found in the car indicates that this level of certainty is not synonymous with probable cause. Because if it were, then the probable cause of whatever offense would justify the search of the car under the automobile exception, without the need to invoke the incident-to-arrest exception.
It is evident that the Court is trying to grant added protection to defendants by requiring that the reasonable belief must be that evidence of the offense of arrest will be found specifically because the justification for the search is something less than probable cause. Such a stringency in the search-incident-to-arrest doctrine would not be needed if probable cause that evidence would be found in the car were present and the automobile exception applied.
The court probably requires "offense of arrest" specific reasonable suspicion in order to limit the use of "pretextual stops," where police pull someone over for some traffic offense, for which the driver could be arrested, because they want to find evidence of some unrelated offense, in a search of the vehicle in incident to that arrest.
All of that being said, it appears that New York's rule is still stricter than the Supreme Court's rule.
It may appear from the Court of Appeals' Blasich decision, mentioned above, that New York is more lenient than the Gant case because it allows searches of secured arestees' vehicles for any offense, while Gant only allows searches for evidence of the offense of arrest.
This is not so, however, because Blasich explicitly stated that the search of a secured arrestee's car for evidence of any offense is not justified "as a search incident to arrest, but rather as a search falling within the automobile exception to the warrant requirement." The New York rule, therefore, permits car searches supported by probable cause that evidence of any offense will be found, using the automobile exception. While Gant holds that police must reasonably believe that evidence of the offense of arrest might be found.
This author believes, therefore, that in situations where a suspect has been secured and police do not have probable cause that evidence of some crime will be found in the car, New York will continue to apply the stricter rule that police may not search the vehicle without a warrant. While outside New York, the new Gant rule will be followed that would allow a search of a secured arrestee's vehicle when police have a reasonable belief that evidence of the offense for which the suspect was arrested might be found in the car.
Picture courtesy of howstuffworks.


text:
Robert and Stephanie met at Indiana University. On their first date, the soon-to-be couple went ice skating and grabbed dinner at Finch's Brasserie, one of the best restaurants in towns. After the meal, Robert got called into work but Stephanie was having so much fun that she ended up going along with him. To thank her for waiting while he closed up shop, Robert gave her a bottle of her favorite wine.
A few dates later, Robert took Stephanie on a walk through Indiana's campus that ended at the Rosewell House. Legend has it that if a couple kisses there, they'll never kiss anyone else. Stephanie and Robert knew that they wanted to be together forever, so they sealed their date with a kiss.
Almost four years later, Robert proposed to Stephanie in November 2015 by recreating their sweet Rosewell House date. He told Stephanie that they were just going on a walk through campus but lead her back to the romantic building. Here, Robert got down on one knee and asked her to be his wife. Unable to get any words out, all Stephanie could do was shake her head yes with tears in her eyes. However, the surprise wasn't over just yet- Robert pointed out towards the field near the house and Stephanie saw that all of his groomsmen and family had come down to share their love and support.
Robert and Stephanie will tie the knot this December at the Orchard Ridge Farms Pavilion in an elegant winter ceremony. Surrounded by 130 acres of apple orchard, Stephanie will walk down the aisle in a stunning ivory and champagne-gold dress and celebrate late into the night with her new husband, family and friends. The couple are beyond excited to become husband and wife, but now the celebration has an extra cherry on top: their ChicagoStyle Weddings honeymoon! The couple will spend six idyllic days at El Dorado Spa Resorts in Mexico, courtesy of Hotels by Karisma (provided by Starship Travel.)
Want to see what else ChicagoStyle Weddings is giving away? Head over to chicagostyleweddings.com and check out our latest contest!

subset: commoncrawl


text:
Robert William Service
Robert William Service (16 January 1874 - 11 September 1958 / Preston)
» Click to list general statistics » OR, select a date :
Oh if it were not for my wife
And family increase,
How gladly would I close my life
In monastery peace!
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- Hits: Number of visitors who read the poem on the given date.
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- Dates that have "0" hits may not be shown on the list.
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Hand Poured 100% Soy Wax Candle (Lead Free Wicks)
From Our Home To Yours, Enjoy!!!
Sasha Sass Candles ~ "Where Candles Make Scents For Your Home"
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Sena slams BJP over NCP support, likens Sharad Pawar's party to mouse
Firing a fresh salvo ahead of Maharashtra BJP government's trust vote today, Shiv Sena has warned its former ally that it will be disrespecting people'smandate if it takes support of NCP which "nibbled the state coffers like a mouse"
Mumbai: Firing a fresh salvo ahead of Maharashtra BJP government's trust vote today, Shiv Sena has warned its former ally that it will be disrespecting people's mandate if it takes support of NCP which "nibbled the state coffers like a mouse".
"(Maharashtra Chief Minister Devendra) Fadnavis once said that he wants to run the government for the people. But how do you plan to run the government taking support of a party that has been discarded by the people of the state? "Will you win the trust vote taking support of a party which has nibbled at the state coffers like a mouse? Will you take support of a mouse?", the Sena said in an editorial in its mouthpiece 'Saamana'.
Shiv Sena
Taunting its former ally, the party said the BJP is ready to take Sena's support to save face during the trust vote, but is unrelenting on carrying forward talks regarding Sena's role in the state government. "BJP asks us to give it support on the basis of similar ideologies and principles.
You (BJP) also know that the ideology of NCP is only to loot Maharashtra," it alleged. "But you (BJP) have nothing to do with that? You are ready to take their unconditional support," the Sena said while asking the BJP "on whose tunes it plans to dance now".
It is a strange scenario where the party with largest mandate is joining hands with a party that fared badly during the recent Assembly elections, the Sena said. "Why was the NCP thrown to the fourth position this time? What kind of principles does the BJP talk about when it agrees to take support of a party which was relegated to the fourth position by the people," it said.
"Saving the government is the only priority of BJP,for which it will also take support of the MIM which is working towards vitiating the minds of people," the Sena alleged.
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This beautiful, feminine set features a top with a large, bold tie-up front knot, providing a distinctive, individual look while allowing multiple levels of support and comfort. Complemented with classy, tie-side bottoms, this set is entirely reversible, transforming between two beautiful, contrasting prints.
Sets cannot be broken up. Prints may vary. This top does not come with padding.
Made and designed by Moana Bikini for the carefree, active girl.
Print designs are © Moana Lifestyle Pty Ltd
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Phase ZERO establishes the "Main Street" as the new town center.
Gathering Lawn
The main green of Phase ZERO is called the Gathering Lawn. This area enclosed by: the Market Hall, the Coffee House/Brew Hall and Makers Court.
Food Hall
The center piece of the Phase ZERO project is the Market Hall 'food court' building. This facility will house up to seven cafes and a common dining hall.
Makers Court
Serving as the retail anchor of the development, the Makers Court is a shipping container concept with an enclosed 'court' for artisan displays.


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Max Height
Trip Days
Trip Highlights:
Trip Information:
Helambu Trek is known as immaculate best short cultural visit in the mid slope around 72 kilometers upper east of Kathmandu valley beginning from Sundarijal. Following few hour walk we enter Shivapuri National Park. Continuing along the Chisopani, Kutumsang, Thadepati and Sermathang, the trek closes at the Melamchi Pul Bazar in the Helambu district. During the trek, we will encounter many inhabitants of the place; mostly Tamang and Sherpa on both side of Malemchi Khola in the way to Helembu. This trek gives an intriguing perspective of moderate flowing rivers, extraordinary pine woodland, quick streams, rough shake and snowcapped pinnacles and more spectacular minor lakes with icy masses drifting on them. Moreover, the waterfalls and snowcapped Himalayans at the fringe of Tibet and the religious communities make the Helembu trek additionally intriguing.
10 Nights / 11 Days Helambu Trek
Detailed itinerary:
Day 1: Arrive Kathmandu
Upon your arrival in Kathmandu, our delegate will meet you at the Tribhuvan International Airport and escort you to your assigned hotel.
Day 2: Sightseeing in Kathmandu
After breakfast, you will be guided to visit different sites, for example, Pashupatinath, Bouddha Stupa, Swoyambhunath, Kathmandu Durbar Square and Patan Durbar Square.
Day 03: Drive to Sundarijal and Trek to Chisapani
On this day, you will start the trek from Sundarijal to Chisapani. The trail climbs steeply past Tamang towns and on through rhododendron woods to Chisapani from where the astonishing viewpoints over the whole Himalayan range from Manaslu to Everest can be encountered if the atmosphere is clear.
Day 04: Chisapani – Kutumsang
From Chisapani the trekking trail makes a precarious for Pati Bhanjyang (1770m). From here the trail leaves heading towards the town of Gul Bhanjyang and a short climb and dive through harsh route will take us to Kutumsang.
Day 05: Kutumsang– Tharepati
Today you trek up to Tharepati from Kutumsang.The trekking trail follows one of the best courses among all trail in Nepal experiencing timberlands to Magen Goth which offers the most explosive point of view of Langtang and Gosainkunda crests, in conclusion take us to Tharepati (3490m). The trail to Gosainkunda grows north – west beginning here.
Day 06: Tharepati – Melamchi
From Tharepati, you will follow steep tight valley through delightful Sherpa town of Malemchi Gaon (2530m) by diving down a slender steep. Melamchi Bazaar has a few agreeable hotels and Gompa.
Day 07: Melamchi – Tarkegyang
After your breakfast, you will start your trek. You will head down incline crossing town and Melamchi Khola Bridge at 1890m driving up the connecting side of the valley Tarke Gyang at 2620m which is the greatest town in Helambu.
Day 08: Tarkegyang – Sermathang
From Tarkegyang you head for the course that brings you down through the superb woods up to Sermathang (2620m) - which is remarkable as an apple cultivating zone.
Day 09: Sermathang – Melamchi
Today, you will trek to Melamchi Bazaar which is occupied by the Sherpa, yet there are also people of various ethnicities.
Day 10: Drive Melamchi to Kathmandu
At a young hour in the morning after breakfast, you will be made a beeline for Kathmandu which takes around 3 – 4 hours. In the wake of reaching Kathmandu you will have extra time for some shopping and unwinding.
Day 11: Depart Kathmandu
After your breakfast, we will drive you to Tribhuvan International Airport for your flight back home.
Classification of our Tour package:
Deluxe: Deluxe hotels (4 - 5 star), best available private transport with A/C car and coach, Tourist guide during sight seeing, tour escort for entire the tour etc.
Standard: Standard hotels (3 - 4 Star), best available private transport with A/C or non A/C Car and Coaches, Tourist guide during sight seeing, Tour escort for entire the tour / trek etc.
Budget: Includes Tourist standard hotels (1 - 2 stars), choice of available transport, private or tourist bus – transfer, Tourist guide during sight seeing, etc.
Cost of the Tour
We will furnish our best competitive price upon your request and service you are looking for Deluxe, Standard & Budget, number of person traveling together for the same Tour / Trek. Please send us your request. We will back to you on same day.
For more information please contact us: firstname.lastname@example.com ; email@example.com
Blue Bird Travels & Tours P. Ltd (NEPAL) - SERVE YOU SINCE 1993 !!!
Inbound & Outbound -Travel & Tour operator for NEPAL / INDIA / CHINA / TIBET / BHUTAN / THAILAND / DUBAI / MALAYSIA / SINGAPORE & EGYPT.
Tour cost Includes:
Tour cost Excludes:


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The Many Tom Hankses Of Past And Present
There are few things that effectively bridge the gap between generations. Baseball. S'mores. And Tom Hanks.
President of the A-Listers, Tom Hanks started out on a wild ride through the Reagan era, making the speed-addicted young adults of the day laugh at things like cross-dressing roommates (Bosom Buddies) and interspecies dating (Splash). But then came a softer Hanks—a few softer Hankses, actually. The romantic. The dramatic. The wooden. No matter who you are or when you were born, there's a Hanks that you know and love. And we're taking a look at each of them as a tribute to the man who has brought us so many gems. And The 'Burbs.
The Dawn of Hanks
Hanks' feature film career began in 1984, with the release of Splash and Bachelor Party: both kooky comedies, albeit directed at different audiences. Little did Hanks know at the time (unless he is a clairvoyant genius) that this pair of movies would afford him two very dissimilar, but very dedicated fan-bases that would follow him beyond the next two decades.
The Funny Hanks
After Bachelor Party, Hanks performed in a slew of comedy films befitting of the '80s era, which favored sight gags over story and substance (that is, until John Hughes was elected the decade's President of Movies). Among Hanks' films geared at '80s young adults were The Money Pit, Volunteers, Dragnet, Punchline and Turner and Hooch. Although not all of these were what you'd call critical or commercial hits, they still managed to cement Hanks as one of the nation's increasingly beloved comedians.
The Romantic Hanks
Splash foreshadowed Hanks' next image to the American public: a favorite among adults of the 1990s. In 1990, 1993 and 1998, Hanks teamed up with Meg Ryan to release a trio of bizarrely memorable romantic comedies. Together, the pair battled the threat of magmatic eruption (Joe Versus the Volcano), West Coast insomnia (Sleepless in Seattle), and dialup modems (You've Got Mail). Although in the six years between Splash and 1990's Joe Versus the Volcano, Hanks did not make any films matching the traditional "romantic comedy" format, this interim period was peppered with several more sentimental comedies, the most notable of which was, Big, which is impossible to resist watching whenever it's on television. ("I'll just keep it on until after they do the piano scene. Then I'll start my research paper.") It was this set of films that helped to pave the way for his softer path.
"Tom Hanks is stuck on an island" in Joe Versus The Volcano circa 1990
The Dramatic Hanks
Early films like Nothing in Common hinted that Hanks was willing and able to take on more dramatic roles, but his transition was hardly gradual. His first major non-comedic role is pretty much the most serious, heart-twisting movie ever made: Philadelphia. Not only was the film a severe tearjerker, it was also extremely culturally-significant because of the groundbreaking stance it took on the AIDS crisis. All this came from the guy who dressed like a woman to trick his landlord into…well, that part was never especially clear.
Hanks continued his dramatic career throughout the 1990s and into the 2000s, pumping out another piercingly intense film, Saving Private Ryan. The Hanks familiar to audiences of the time was becoming almost unrecognizable to those of the cinematic past.
The Wooden Hanks
Somewhere among his affable trysts with Meg Ryan and his less pleasant rescue of James Ryan, Hanks lent his voice to Sheriff Woody. If you are a kid, were a kid, have a kid, or are not legally prohibited from being in the vicinity of kids, you love Toy Story. But Toy Story is MY generation's trilogy. Seriously. Back off, everyone else. When Andy was five, WE were five. When Andy was leaving for college, WE had just gotten back from college (close enough). But this isn't about Andy. It's about Woody: Tom Hanks' most important role for everyone born in the late 1980s. March of 1988, to be specific. Seriously, I'm very territorial over this movie.
Sure. It's a little strange that I just dubbed Tom Hanks' most important role one that doesn't even show his face. Some people say that voice actors aren't as crucial to the expression of a character as regular actors. Actually, I don't think I've ever had this conversation, or heard of anyone else having it—but I'm pretty sure people would say make the argument. Well, hypothetical people, you are wrong. What if Harvey Fierstein was the voice of Woody? What if Wallace Shawn was the voice of Woody? Those are the only two options I want you to consider. But seriously, Hanks has the voice of a guy who you can trust. And he made Woody trustworthy. He made Woody a walking (sometimes) epitome of friendship and loyalty. Thus, the Hanks that has effected affected so many members of my generation the most takes the form of an animated toy cowboy.
"Tom Hanks is stuck on an island" in Toy Story 2 circa 2010
The Contemporary Hanks
The new generation's Hanks is somewhat of a grab bag. He took his comedic roots to a darker level with The Terminal and The Ladykillers, tried his hand at two biopics—playing second to Leonardo DiCaprio in Catch Me If You Can and taking the lead in Charlie Wilson's War — and brought Dan Brown's Robert Langdon to the screen in the mystery-thriller films, The Da Vinci Code and Angels and Demons. Hanks these days is somewhat indefinable—although it seems like he's attempting to borrow from Hanks of past years. On this token, he is reviving his romantic side from the upcoming Larry Crowne, in theaters on July 1.
But of course, Hanks is not limited to his old habits. The actor proves, time and time again, that he is always willing to take on new pursuits…
The Hanksiest Hanks of All
Whatever your age, gender, ethnic background, social caste, dietary restrictions—I do believe that you will invariably come back to defining Tom Hanks as Forrest Gump. No other actor can have a critically and commercially successful career spanning three-plus decades and still be pinpointed to one role. I guess Sean Connery can. Also, Marlon Brando. But no one else. Don't keep thinking. The point is, Forrest Gump is one of the last modern classics. Few films made in my lifetime have earned such universal affection and memorability among American audiences. And that is owed in large part to the man who so affably portrayed the beloved character.
So, whether you were a supercharged Reagan-era twenty-something hungering for cheap laughs, a sentimental young adult in the '90s, a kid born just in time to appreciate the first swing of Pixar, or that one guy who saw The Great Buck Howard, what it all comes down to is that you love, admire and cherish Tom Hanks. So on behalf of all of us, Mr. Hanks, I'd like to thank you, and to ask that you please keep doing that thing you do.


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Kitty String will be guesting at Spingear Nico-nico livesteam on August 24, 2015.
Kitty String will be one of the guest tomorrow at Spingear Nico-nico livestream.
Nico-nico livestream is the Japanese stream channel where World YoYo Contest 2015 was also aired thru out Japan.
As Spingear will be featuring some yoyo stuff, we Kitty String will be promoting also the brand and have fun with fellow Spingear stuff.
The Show will start 8:00 pm Japan time. So please do visit the link and watch the whole live stream.


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The primary objective of the Talent Acquisition function within an organization is to align its strategies with the goals of the company it serves. With that in mind, our Talent Acquisition team at Cumming Corporation had a difficult task. We needed to figure out how to provide a better candidate experience while increasing engagement with prospects – and still be more efficient as a recruiting function. Put simply, we needed to communicate more, but spend less time doing so; a seemingly counterproductive concept. In this article, we'll take a look at 3 important steps we took to not only align ourselves with the needs of our business, but to do the impossible – take less time to communicate more.
It took almost all of 2013 to brand ourselves as an employer of choice while providing an inside view of the culture within our organization. We did this with little to no budget. Within this strategy, we built an entirely new corporate careers page (https://ccorpusa.com/careers/) focused on who we are, not who we want to be. We then branded our Recruiter LinkedIn profiles, bios, social sites, and various other channels to advertise a consistent message… a message which stated that everyone at Cumming Corporation has the opportunity to make their mark. Team Members have massive opportunity at our firm based on their own talent and success. It's the lifeblood of our organization.
The recruiting strategy behind this campaign was to allow our story to tell itself. When a company is transparent about their working environment, both good and bad, you will find applicable candidates reaching out and/or applying to your jobs more. Conversely, you'll find candidates who are not a fit to your organization lessen. This is how you communicate more, but spend less time doing so.
To measure its success or lack thereof, we tracked the 'quality' of incoming candidates. For 3 full years prior to this new initiative, Cumming would typically have a quality metric of 15%. This meant that only 15% of all candidates who applied for our jobs were qualified. After only a few months following the implementation of our newly branded messaging, we saw an increase in quality to 18%-20%.
Our current initiative is all about candidate facing hiring process transparency. First and foremost, it's the right thing to do. Take the following short story into consideration:
John is highly successful in his career. He works for a smaller, relatively unknown organization and has been there for over 10 years. Over the past 12 months, John has grown frustrated at his job. His role simply isn't as rewarding as it once was. His family can tell that he's not entirely happy. After much prodding from his loved ones, John finally takes the leap and puts together a resume. At night, he spends hours scouring through open jobs that are posted online. After all, his company has been good to him over the years so he's not going to jump for just anything. John finally picks 3 jobs that seem to be a very good fit. He applies. Each day, he waits for the phone call or email asking him to come in for an interview. He starts to get discouraged after not hearing anything for a week so he reaches out to the HR team at these 3 companies. Another week passes. Still nothing. By this time, John has already made up his mind that he's leaving his current employer so he starts applying to more jobs that may not be the best fit. (story credit: Mark Anderson, https://www.recruiter.com/i/the-dehumanization-of-online-recruiting/)
In this story, John learned the extremely unfortunate lesson that he's a commodity. Organizations globally treat candidates as such and unless employers do something about it, our open jobs will also continue to be commoditized. The more we look at humans as just another candidate, the more our career opportunities will be seen as just another job.
When the Talent Acquisition team at Cumming Corporation sat down to solve this issue, we decided that candidates don't need gift baskets when they interview. Instead, they deserved respect – a clear, concise, communicative, and transparent hiring process where they would be aware of the validity of their candidacy throughout the process. Additionally, we needed to align this initiative with the goals of our organization. So we jumped in…
In the Figure 1, you will find a simple equation to determine revenue loss per week when taking into consideration the length of time a requisition is open. When we looked at the number of open revenue generating requisitions at that time, we determined that the cost to the company was approximately $120,000 for each week those jobs went unfilled.
What if we figured out a way that we could respect candidates more, communicate more, and also increase our "Speed of Hire"? We did. We have installed an automated response mechanism within our Applicant Tracking System. Not only do candidates receive a communication when they apply to our job (which should be standard protocol for all organizations), but they receive a communication for each and every step they may find themselves in throughout the hiring process. On top of that, we are requiring Recruiters to either reject or follow-up with candidates within 5 business days of the candidate application. We've placed timelines on the number of days between a Recruiter phone screen to Hiring Manager submission as well as a Hiring Manager submission to a decision on whether or not to interview. Finally, we shared the exact same process on our careers website blog page to inform potential candidates and we provide a link to our Glassdoor page asking candidates to hold us accountable by writing reviews of their experience.
In the very early stages of this initiative, we've seen something startling. Our metric that measures the quality of incoming candidates has jumped in just 2 months from 18% to 25%. Our candidate submitted to candidate interviewed ratio has gone from 50% to 75%. Our time to fill has gone from 37 days to 31 days. To put it simply, we're being transparent, we're communicating more, and our recruiting function is much more efficient.
The final issue to consider is this: What do we do with all of the qualified candidates? You may be thinking, "We have a hard time finding one qualified candidate, why do we need to create a pool of candidates?" I understand, but those who apply are typically aligned to one job – not the numerous jobs that may follow in the future. Let's look at this at its core. We know that around 20% of the people who apply to our jobs are qualified, but we've found that we only hire approximately 2% of those who apply to our jobs. Therefore, 18% of our candidate population (with a database of approx. 30,000 people) needed to be addressed. Further, we needed to find a way to utilize these resources in a manner that aligned to our business needs.
"Talent Communities" are a hot topic in Talent Acquisition today, but that doesn't mean that they're used appropriately. We tried it. It didn't work for us. We didn't want to and couldn't accurately pool 5,000 people that may be qualified; we wanted to pool only the top prospects for each of our service lines, project sectors, and geographic regions. In the coming weeks, we'll doing away with our Talent Community and will instead install specific Talent Pools. Talent Pools are also built into our transparency initiative whereas candidates will be notified that they're not a match for the job they applied to, but that they are a good match for our organization. Additionally, we will add passive candidates from the likes of LinkedIn to these pools. When these pools are adequately installed, we will start targeted campaigns to the people within each pool. We'll screen them and interview them just as we would someone applying to an open job.
The goal of this very time consuming initiative is "On Demand Talent." Once we've pooled, communicated with, screened, and interviewed our top prospects within each Talent Pool, we will pipeline them for future opportunities. It's a difficult endeavor that needs buy-in from multiple parties, but its impact will be considerable when completed.
All of these initiatives and strategies take time. However, if you want to create a recruiting platform that is forward thinking and more effective than your current operations, they are extremely necessary.
The Human Resources / Talent Acquisition function within an organization can create tremendous value for the company it serves. You can build candidate engagement, increase your recruitment advertising ROI, push time-to-fill down, and increase candidate quality – all while treating your candidates with respect. Simply put, you have the opportunity to do the right thing while driving success at the same time.
Scott Weaver is the Director, Talent Acquisition & Development at Cumming Corporation.
Culture & Hiring Transparency Drives Recruiting Efficiency (For Employers)
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More than 30 municipalities in Denmark have already seen the benefits of using VisioSign's communication solutions for delivering effective, relevant and dynamic information on screens in public buildings. This trend is set to continue in other countries, as well. Screens in waiting rooms and reception areas capture visitors' attention and with solutions such as VisioSign's Wayfinder they are able to find directions within the buildings. Moreover, small meeting room screens can be placed outside each meeting room to indicate that visitors have arrived to the right place.
Visitors need access to different information depending on which public institution they are in and VisioSign's solutions are designed to meet those needs regardless of viewers' age, culture and technical skills.
Information screens optimize the allocation of available resources and make dissemination of information more effective.
Messages can be quickly and easily conveyed to any target group from either a central source or from individual departments, simultaneously. Furthermore, they can be scheduled to appear in a given period or prioritized to appear at the top of the news items queue, when necessary.
Take a look at our 360° concept for the public sector and discover the benefits of using information screens.
Read how information screens are being used in cities


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To continue the work on the engine, the next series of parts are for the cooling system, staring with the pump.
The gears for the pump are made from pinion stock, parting off two blanks.
To ensure both gears are exactly the same width, parallel and flat, my friend Brian helped me out with his surface grinder.
The finished gears, with the shafts installed.
The pump housing is milled from bronze.
along with the rear cover.
The finished pump housing parts:
With the gears installed.
And the pump installed on the engine.
For the plumbing to connect the pump output to the cylinder block passage, I made a couple of fittings. First the fitting to the cylinder block:
The original plan was to bend tubing from the pump to the inlet fitting, but that was an utter failure due to the small radius in my design. As solution, I made an elbow to be able to make the corner around the cylinder block.
The plumbing installed on the engine:
To make the connection from the coolant outlet passage on the cylinder head to a radiator hose, I needed to make a fitting. I took the inspiration for this fitting from a thermostat housing.
The fitting is made of two parts:
To assemble the two parts, slight press fit and some JB Weld for good measure.
The fitting installed on the engine:
The next set of parts I made were the pulleys to drive the pump. I'll be using two O-Rings as drive belts.
The bearings installed in the pump pulley.
The pulley installed on the pump:
At this point is was time for a test run. I used a pulley I messed up earlier and had to remake, chucked up in my drill motor to drive the pump.
Thank you for visiting my shop.
If you have any questions about the engine or any of the other projects, please leave a comment below, or email at yogisworkshop(at)yahoo.com
For other projects from the shop, please check out the Projects Page in the top menu.


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CPFT Chaplain John Nicholson is once again running the Mental Health Chaplaincy for Local People Course (a guided tour in seven sessions) from 19 January 2015.
John has been running the course for seven years. Last September, 11 graduates (pictured) completed the programme and those who complete the course will join a service that offers pastoral, religious and spiritual care to those who live with mental health challenges across Cambridgeshire and Peterborough.
John said: "The graduates' work will be vital as we help and support service users, community groups, churches and voluntary organisations."
More information about the course is available here, or you can contact John on 01223 218598.


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Financial Services Industry
Fueling efficiency & innovation
The financial services industry is highly regulated and as a result, financial institutions have to walk a fine line between digital transformation and maintaining compliance. At the same time, every segment of the financial services industry is under a continuous threat from new competition with intuitive online applications and disruptive business models.
To remain relevant, financial institutions have to find new ways to accelerate their IT infrastructure to enhance collaboration, reduce risk, and drive innovation. But the growing complexity of IT compliance and regulations can make this process incredibly convoluted.
That's where we come in!
At DataComm, we have partnered with a wide variety of financial institutions to deploy state-of-the-art technologies that enhance overall operations, increase security, reduce compliance risk, and create new opportunities. Furthermore, we ensure that our financial clients can focus on their most important asset, their customers.
As disruption becomes the norm across all industry segments, we help our financial services partners fuel efficiency and innovation across the entire institution. As our cutting-edge applications and systems deliver enhanced end-user experiences, our financial services partners also benefit from increased employee and customer engagement.
- 24×7 network monitoring and management– SecurNOC
- Windows event log monitoring – SecurLog
- Firewall configuration, monitoring, reporting, and backup – SecurFirewall
- IDS/IPS – Intrusion detection and prevention solutions – SecurShield
- Data Loss Prevention (DLP) and data risk auditing
- Data backup
- Hosted email, email encryption, spam filtering and archiving
- Help-desk block time
- Unified Communication systems
- Enhanced Contact Center solutions
- Virtual Information Security Officer program
- Colocation services operating system upgrades
HealthCare Industry
Reduce costs + deliver enhanced patient care
Digitization has transformed the healthcare industry across the board. As a result, healthcare services providers now require customized IT solutions that can help optimize operations, cut costs, and deliver enhanced patient experiences while maintaining strict compliance.
Healthcare institutions also need proven IT solutions that help reduce costs of both clinical and non-clinical systems while enabling them to deliver enhanced patient care.
At DataComm, we have helped our healthcare partners consistently achieve improved patient care, enhanced security, lower operating costs, and strict compliance. Furthermore, we also ensure that healthcare institutions are enabled to attain improved productivity (with quick access to relevant information), higher efficiency, enhanced privacy, and improved patient services.
DataComm's healthcare solution focuses on the following:
- Applications services
- Cloud and security
- Healthcare compliance
- Managed IT services
- Proactive managed IT support
- Real-time monitoring
- Scalability
- Unified Communications
Legal Industry
Customized IT solutions that support business growth
The legal industry landscape is currently experiencing a period of significant transformation in response to growing competition and economic challenges. As a result, law firms are currently facing increased pressure to become more client-centric and data-driven.
For law firms to thrive and grow in this landscape, they have to maintain a competitive advantage by delivering their services more efficiently and effectively. This requires an approach that is backed up by strong business processes and effective strategies that have IT at its core.
At DataComm, we have over three decades of legal industry experience that has equipped us with a comprehensive understanding of the technology challenges faced by law firms.
By working closely with us, our legal industry partners have been able to achieve a complete technology transformation that enables enhanced productivity, efficiency, and improved client services.
Furthermore, our customized IT solutions also support business growth, enhanced data protection, and improved operational processes. This means that law firms can concentrate on their core business while we manage all-things IT.
DataComm's legal industry solution focuses on the following:
- Enhanced productivity
- Cloud and security
- Remote and flexible working
- Increased business agility
- Maximized billable time while reducing operating costs
- Proactive managed IT support
- Real-time monitoring
- Scalability
- Unified Communications
- Virtual law offices
Helping educators gain more from their technology investment
Educational institutions have to work with unpredictable funding cycles to stay ahead and remain strategic. Furthermore, they require technology solutions that can consistently enhance the productivity and experiences of all stakeholders.
Whether it's students, teachers, or administrators, in the digital age, higher education comes with high expectations. That is why our primary focus is to help our education partners prepare our future generations by ensuring that all academic systems remain operational with reliable connectivity and enhanced security.
We also help educators achieve this while providing user experiences that exceed the expectations of today's technologically savvy and sophisticated user bases.
At DataComm, we are equipped with over 30 years of experience in education technology covering a wide range of industry-specific technology services. This enables us to help educators get the greatest benefits from their technology investments both on-site and online.
Whether it's a small school or a multi-campus university, we will work closely with you to build robust IT infrastructure that can seamlessly support multiple educational initiatives.


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I took a bunch of photos today… well I don't know if it's considered a lot but it a lot to me?? Either way here they are…
The stairs that I had to climb this morning… x8 = 94 stairs (yes that is exact) and a common sight that we all know and see everywhere. Anyone want to guess?
Yes. there were dandelions on the ground… taped… darn we can't get rid of them so easily.
Since it's spring what is spring preparation without a little Spring cleaning? So in order for me to do that I ended up going to get some organizational items and ended up with so much more.
So the stuff that I bought as you can tell is a panda garbage can, razors, soap from Rocky Mountain Soap Company, Clay mask from Botanics, a kid-proof lighter, Oh Henry!, 2 pepperoni sticks, EOS shaving lotion, organizational holders, Got2B Guardian Angel Heat Protectorant, Botanics Skin Brightening Cleanser, and a PC Blue Menu Blueberry and Acai Smoothie. Yup, lots of stuff. I'm going to do a review on the Smoothie later when I drink it with the rest of my family. ^_^
That is basically it for today… going to do a bunch more work mainly Chemistry and watching Youtube videos but yeah, until next time.


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A song about the Spanish teacher from my high school influenced by 1950's Mexican calendar girls and the theme music from Zorro.
She rose like a rose from the desert
A seniorita with text book in hand
But one never failed to drop things 'neath her desk
Cuz she wore nothing up under her dress
Ms Garcia
The vaguely slutty Spanish teacher
What young man could learn how to roll is R's
When his pants look like they are hiding cigars
The only phrase in his mind is "estoy cachando"
Which is Spanish for "I'm super horny"
Visions of hot dogs wrapped in tortillas
Twas the legend of Ms Garcia
Things got weird when she taught them "el burro" It's a donkey or ass she would say
Now use it in a sentence Frank, you're up to bat
He said, Can I wear your burro as a hat?
Ms Garcia
The vaguely slutty Spanish teacher
The girls in the class conjugate verbs correct
The boys cannot think cuz they're fully erect
She tells them "el gato, ees mean pussy cat"
And ten boys run for the bathroom
Except for poor Carlos, cuz she is his tia
Twas the legend of Ms Garcia
They scream "te amo" as they throw roses at her feet
To get a look at her back seat
Like a pinata filled with meat
Ms Garcia
The vaguely slutty Spanish teacher
They try to get her outside on a good windy day
Like a Mexican Marilyn on a subway grate
If the wind is just right you'd swear you smell tacos
And the boys become stiff as the breeze
They'd hoped she was easy like a shelf from Ikea Twas the legend of Ms Garcia
To me it was hearsay and rumor
Second hand knowledge at best
My own thirst for truth would never be quenched
Because I took French.
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Ask an Expert: Need Unique Title!
Moderators: kgudger, bfinio, MadelineB, Moderators
2 posts • Page 1 of 1
Need Unique Title!
I am currently doing a science project on "Which Food Can I Extract More DNA Out of?" Im having a tough time to figure out on what to put. Anything is appreciated! Thanks!
- Former Student Expert
- Posts: 11
- Joined: Thu Sep 13, 2018 12:06 pm
- Occupation: Student
Re: Need Unique Title!
That sounds like a really cool experiment! Creating a title is hard work, but most of the time you want to stick to something basic that lets a judge know what exactly this project will be based on. I think "Mission DNA extraction:Food edition" could be a cool title, but if you don't like it that's okay,there are always other options.
2 posts • Page 1 of 1


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- 1 Bed
- 1 Full Baths
Property TypeResidential – Condominium
SubdivisionVail Racquet Club Condos
Listing Date02/28/19
Year Built1974
AreaEast Vail
Lot Size0.03 Acres (1,307 SqFt)
Property Description
The Vail Racquet Club is a well-established complex in East Vail with Health Club Membership. On-site pool, hottub, tennis courts, exercise facilities with fitness classes for all. There's even a restaurant in the Club House for good food and revelry. This condo was completely renovated with a new washer/dryer added by the new owner. Classy unit for winter and summer stays or rent through the front desk when not using.
Presented By
- Bus Route
- Creek or River
- Creek/River
- Cross Country Trails
- Fitness Center
- Golf-Public
- Hiking/Pedestrian Trail
- On Bus Line
- On Site Management
- Pool
- Cable Available
- Fireplace - Wood
- Hot Tub / Spa
- Patio
- Pool
- Clubhouse
- Fitness Center
- Front Desk
- On Site Management
- Pool
- Spa and Hot Tub
- Cable TV
- District Sewer
- District Water
- Electricity Avail.
- Phone Available
- Snow Removal
- Trash Pickup
- Baseboard
- Electric
- Dryer - Electric
- Washer
Financial Information
1 Bed 1 Bath
1 Bed 1 Bath
2 Beds 2 Baths
1 Bed 1 Bath
2 Beds 2 Baths
2 Beds 2 Baths
We get asked this question a lot. Below is a tool that gives you the ability to see what the market is like in your community. Find out what homes like your own are selling for right in your back yard. Simply enter in your address, choose the proximity of the search and find out market data for other homes that are selling near you.
While we'll provide you with plenty of information, this is a snapshot of your market data and there are real people behind the high-tech and automated tools. If you would like more detailed information or help in understanding the results we are here to help.
Until then, enjoy the tools!
The data relating to the real estate for sale on this website comes in part from the Internet Data Exchange program of the Vail Multi-List Service, Inc.
Copyright © 2020 Vail Multi List, Inc. (VMLS). The information displayed herein was derived from sources believed to be accurate, but has not been verified by VMLS. Buyers are cautioned to verify all information to their own satisfaction. This information is exclusively for viewers' personal, non- commercial use. Any republication or reproduction of the information herein without the express permission of the VMLS is strictly prohibited.
Listing courtesy of Keller Williams Mountain Properties


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Eckhard Cordes
Born 1950. MBA and PhD, University of Hamburg.
Partner in Cevian Capital and EMERAM Capital Partners.
Board Chairman
Bilfinger SE.
Board member
Member of the Executive Committee of Eastern European Economic Relations of German Industry.
Holdings in Volvo, own and related parties?as per?March 8, 2019
Principal work experience
Started with Daimler Benz AG, where he has held several management positions, such as Head of the trucks and buses business, Head of Group Controlling, Corporate Development and M&A in AEG AG and CEO of Mercedes Car Group. Previously CEO of Metro AG, senior advisor at EQT and Board member of Air Berlin, SKF, Carl Zeiss and Rheinmetall AG. Since 2012 partner in Cevian Capital and EMERAM Capital Partners respectively.


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The Topic: Money Well Spent
The Dish: When I'm in the mood for shopping and low on cash, you know I'm a fan of buying (or swapping) second-hand. Which means when I found out about SOS Thrift, I was pretty ecstatic. An online thrift store you can both buy from and "sell" to, SOS is ran by four Etsy members set on raising funds for the horrific Gulf oil spill. All profits go to the Sea Shepherd Conservation Society, who are planning to send one of their ships to the Gulf and assist in rescuing marine life, which is a huge, challenging, and expensive job.
As far as the online selection, it's a mix of gently used items donated by shoppers (who in turn receive 25 percent off their next purchase) and new items that run a bit more price-wise, like this adorable handmade "respect, protect" turtle necklace. If you have a dog in your family, there's currently It's A Vegan Dog's Life for sale, which is a great resource, whether or not your dog is completely veg—including lots of great, easy recipes. New items are always being added, but there's already some great finds available. Oh, and a great steal? This never-used, certified-vegan Arbonne face masque for only $2—it retails for $18.
The Final Word: If you don't feel like acquiring more stuff but still want to help, you can still make a donation to Sea Shepherd, if you're able. But if there's anything on SOS you've been looking for, it's a win-win for everyone.
Bonus: Heads up—Matt & Nat will be on discount site Rue La La tomorrow, which I'm hoping means deep discounts on fancy bags! If you've been looking to splurge but still want to save money, check it out.
Thursday, June 24, 2010
Shopping for Sea Shepherd
Posted by VegNews Magazine at 9:06 AM
Labels: abigail young, it's a vegan dog's life, matt and nat, online shopping, rue la la, sea shepherd conservation society, second-hand, SOS Thrift, thrifting, VegNews
2 comments:
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Boost Your Detergent
If your normal detergent isn't making the cut, don't just toss away a half-full bottle and run out to get an expensive name brand. All you need to whip your laundry detergent into shape is a little help from your pantry.
Adding baking soda to a washing machine's rinse cycle will help your clothes become more thoroughly rinsed, and they will resist the stain buildup that can sometimes come with hard water. The baking soda helps the detergent work better and acts as a deodorizer for some of those rougher-smelling clothes. They'll also feel softer -- another bonus! Cleaner clothes, softer fabric and no extra money spent -- you can't beat that!


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Customer service: Your direct connection to HRS
HRS applies high standards to its customer service: as a reliable partner to assist with your hotel bookings, HRS is always at your disposal on several channels—especially whenever fast services are needed. Your travelers can reach the HRS Customer Service online through email or the HRS contact center, as well as calling directly. This way changes, cancellations, or bookings can be made whenever needed, which is an important factor for business travelers on the move.
Quick accessibility via all channels
Quick accessibility and high quality are the focus of HRS Customer Service. To enable us to understand and address travelers' needs as much as possible, HRS provides our service in 12 languages. HRS Customer Service offers quick and easy assistance to traveling employees if questions or issues arise, which relieves the workload of your travel management department.
Excellent service
HRS Customer Service is extremely proud of the awards we have won in different countries for our outstanding customer service.


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Who Wants to Be a Millionaire? is a extremely popular television game show which offers very large cash prize, which is normally 1 million dollar (or local currency) for correctly answering all 15 (or in some countries, 12) consecutive multiple-choice questions of increasing difficulty. Who Wants to Be a Millionaire? TV show has been shown in more than 100 countries worldwide. If you enjoy the game, but can't participate in real-life show, play the Who Wants To Be A Millionaire online game for free.
Play Who Wants to Be A Millionaire? Online Game
There are a total of 15 questions, starting from $100 to $1 million. After you answer a question correctly, you may choose to quit and walk away with the money or continue. Answering the 5th question (1,000) or 10th question (32,000) correctly will guarantee you that amount. You can only use each lifeline once during the game. The 1/2 lifeline allows you to remove two answers from the board. The Phone Call lifeline lets you call your friend and ask him the question. The Audience Poll lifeline will let the audience vote on which answer they think is correct.
There are a total of 1470 questions contained in the game. Well, too bad is that, the money you win is virtual. You can win 1 million dollars but you won't actually get it! But the game is fun for family or competition between buddies.


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|Jedediah Fay (2/7/1770 - 7/22/1842)
And his Descendants
John Fay
John (OPF #2) (11/30/1669 - 1/5/1747) son of John and Mary Brigham
Stephen (OPF #35) (5/5/1715? - 5/17/1781) son of John and Elizabeth Wellington
Stephen (OPF #119) (2/19/1739 - 5/26/1804) son of Stephen and Ruth Child
Jedediah (OPF #658) (2/7/1770 - 7/22/1842) son of Stephen and Susan Fiske
|Selection from S.G. Goodrich and Thomas G. Bradford, Vermont, 1841
|image copyright © 2006 by Cartography Associates
used with permission
|Although Jedediah did not take part in the first settlement of Calais, which was made in 1787 by Abijah, Asa and Peter Wheelock, he was among the earliest settlers. By 1789, the Wheelocks had been joined by Moses Stone, Samuel Twiss and Francis West. Jedediah's first child seems to have been born in Calais in 1794, and at the first town meeting of Calais on March 23, 1795, Jedediah was elected one of three listers. The full name of Jediah's wife is not known, but she is listed in the records of Calais as compiled by LDS as "Polly." I have not been able to find out anything more about her.
|What Orlin writes about the children of Jedediah leaves many open questions. For example, he writes that Sarah daughter of Henry married and had 5 children; and that Willard married and had two children. In Willard's case, I discovered information that allowed me to fill in the names of his wife and child. In the census of 1900, Lizzie (Elizabeth Ball) Fay registers only one child, and the timing of the marriage and birth does not seem to permit any more than one child. I was not able to find Willard and Lizzie in either 1870 or 1880. It is possible that Orlin confused Willard with Wallace G. Fay, who lived at the same time in the same area but was actually the grandson of Ansel Asa.
|The names of the men that Polly (b. 1802) and Susan (b. 1803) married appear in a Vermont Chronicle. While I have found Susan and her husband in census records, I have not been able to find Polly and Daniel Remick. Daniel is listed in the census of 1830, but I can't spot him in 1850 or 1860, and I can't find Polly in 1850, although Orlin says she did not die until 1857.


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Relationship Advice For Older Males With Youthful Ladies
Youthful ladies are discovering the benefits of dating older males increasingly. Now we have pioneered the biggest worldwide dialog about what it means to be a superb man within the 21st century. A gentleman courting a youthful lady is not like a time machine. The older man in a relationship with a youthful lady often struggles to appropriately determine what it's that has attracted her within the first place.
She's a lady, not a toddler, in spite of everything – even when she is your daughter's age. As a 70-12 months-outdated man, I would love to feel that younger romantic love once more. They've relationships and begin families, but their major focus is determining a solution to make it in the world.
Nevertheless, do not attempt to make the most of this truth to safe her affections. These issues can, of course, have an effect on couples who are the identical age and who've different priorities, however relationships with a large age hole are especially vulnerable to the "stage of life" downside.
It isn't that ladies our own age are much less attractive, it is that they lack the culturally-based mostly power to reassure our fragile, getting older egos that we're nonetheless scorching and hip and filled with potential. And that's the kind of man women want. Whereas younger guys are still figuring their shit out hoping to make it", older males have handed that part.
So if a youthful woman is at, say, a membership she's going to need to experience all the things going on that atmosphere. The phenomenon of males relationship younger women is depicted everywhere in popular culture. Because of this you needn't say or do anything particular in order to have success relationship younger girls.