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Browning wins Monumental Development Merit Award for Innovation Building 1
Browning was honored with the Real Estate Development Merit Award for Innovation Building 1 at 16 Tech during the Indy Chamber's 43rd Annual Monumental Awards held Wednesday, October 7th at the historic Tibbs Drive-In Theater on the west-side of Indianapolis.
Scott Hirschman watches Monumental Awards at Tibbs Drive-In
The Monumental Awards focus on excellence in the built environment – recognizing the most significant achievements by individuals and businesses that contribute to excellence in architecture, engineering, interior design, landscape architecture, construction, real estate development, neighborhood revitalization, innovate reuse and public art throughout the Indianapolis region.
The Real Estate Development category, sanctioned by the Urban Land Institute (ULI), recognizes projects that demonstrate exceptional achievement of best practices consistent with the ULI mission, which includes the responsible use of land and creating and/or sustaining thriving communities. Nominations were considered from private, public and non-profit sectors.
"This 16 Tech project is vital to the City's efforts for talent attraction and investment in neighborhoods," said Dale Pfiefer, Vice President of Development at Browning. "Innovation 1 is more than just a building – it is the culmination of a vision shared by three administrations and countless stakeholders with the planning, infrastructure and capital that will shape the future of 16 Tech and Indianapolis."
As the first developer in 16 Tech, Browning has worked closely with the 16 Tech Community Corporation (16TCC), and a myriad of stakeholders, to ensure the benefit of this investment reverberates throughout the Near West, Near Northwest and greater Indianapolis community. The land encompassing Browning's development at 16 Tech was primarily older stock industrial space, much of which was abandoned or underutilized. With Indiana Biosciences Research Institute (IBRI) as its anchor tenant, Browning worked to find a real estate solution for their objectives while also supporting a larger development that meets best practices for placemaking.
Unlike a traditional office building of varied tenants, the 120,000 SF of progressive office/lab space tenancy was intentionally cultivated, and tenants are already leveraging their varied expertise and combined creative energy to plant the seeds for the region's future economic growth. Innovation Building 1 has adaptable programing spaces and flexibility in the lab/office spaces, providing the perfect setting for the headquarters of IBRI, Central Indiana Corporate Partnership and its industry-focused initiatives (AgriNovus Indiana, Ascend Indiana, BioCrossroads, Conexus Indiana, Energy Systems Network, TechPoint) and IU School of Medicine.
Community inclusion and participation of diverse voices were central in the development of Innovation 1. The building boasts meeting space, local art installation and café that are important tenant amenities and also accessible to residents, neighborhood organizations and local non-profits.
Browning's engagement with the surrounding community has been substantial. We focused early on becoming an engaged neighbor – attending neighborhood meetings and community events and including residents and businesses at development/construction milestones (check out the Groundbreaking and Topping Out Ceremonies), which is ultimately reflected in our 50% XBE participation and inclusion of local firms during construction and our 2019 Mayor's Diversity Award.
Connectivity and walkability were also key drivers in the design of Innovation 1 and Browning collaborated with 16TCC to incorporate placemaking design elements into our development plan to integrate three future projects by Browning (renovation of HqO, a multi-family project, and Innovation Building 2) all of which will eventually connect to the Cultural Trail on 10th Street as well as the hospital system and IUPUI campus via the future 16 Tech bridge.
About Indy Chamber
The Indy Chamber empowers business to assure all have the opportunity to succeed in the Indianapolis region by connecting, convening, and taking action to move our region forward. Through membership, economic development, entrepreneur services, and advocacy, the Indy Chamber and its nearly 2,000 businesses strive for inclusive economic growth and mobility. For more information, please visit IndyChamber.com


Alan Powell has been working as a video artist for the past forty years. He is currently an Associate Professor at Arcadia University in the Communication Department. Since the mid 19070's Alan Powell has been involved with the relationship between video and dance. From 1984 until 2011, Alan Powell has worked with Susan Hess Modern Dance documenting the Pioneers of Modern Dance and Modern Dance Masters projects. Those archives are being housed in the NYC Public Library at Lincoln Center. Recently Powell has been an artist-in-residence at Artpark, Lewiston,NY, Mountain Lake Biological Research Station and at Signal Culture in Owego, NY.


Mutual and private water companies with an aggregate cost of $100,000 or more of personal property or who have received a request to file by the Assessor are required to report personal property with this form on or before April 1.
The Assessor may provide forms to allocate by code area the property described in this statement. All property (wells, pump houses, pumping plants, reservoirs, tanks, pipe lines, services, etc.) located on land owned by the assessee must be identified by the Assessor's Parcel Number of the land upon which located. If additional space is needed, attach a schedule that lists the parcel numbers.
The exact location of personal property (office furniture and equipment, other equipment, unlicensed equipment, construction work in progress, materials and supplies) on the land owned by the assessee, must be identified by the Assessor's Parcel Number of the land upon which located. If additional space is needed, attach a schedule that lists the parcel numbers.
Each system which is not connected to any other system by pipe lines or canals is considered to be a unit for appraisal purposes.
If costs are available, complete the schedule of Financial Data on the front of the property statement, along with the statistical data on the reverse side.
If cost data is not available and it is not feasible to develop cost, a description of the physical property, with date of construction or installation and original costs, should be reported in the schedule headed, Statistical Data as of December 31.


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How Are Hotels Star Rated?
Hotels Near Carrer del Bruc in Barcelona, Spain
4-Star Hotels Near Las Ramblas in Barcelona
Danielle Hill, Leaf Group
The Ramblas is a pedestrian-friendly street with many performers and vendors. (Photo: Jupiterimages/Pixland/Getty Images )
What Is a Seven Star Hotel?
New Orleans French Quarter 4 Star Hotels
For a deluxe stay right in the heart of Barcelona, you may select among several four-star establishments that line the exciting Ramblas and surrounding streets. You'll particularly appreciate the extra luxuries of your top-of-the-line hotel, granted that you'll find yourself amidst Barcelona's busiest street the minute you step out the hotel door. Take advantage of the central location, popping back in for a short "siesta" on fine linens whenever you tire of sightseeing.
At any of the four-star hotels lining the Ramblas, you can expect flat-screen tvs, complimentary wireless Internet throughout the hotel, air conditioning, room service, stylish furniture and gourmet restaurants. In most cases, they'll also have a pool or at least a rooftop terrace or solarium. Business centers, meeting rooms, saunas, spas and indoor parking are other potential perks.
"Four Stars"
As international travelers can attest, a four-star rating doesn't mean the same thing across the globe. In Europe, four stars is typically the highest possible rating, whereas in the states, hotels might garner a rating of up to five stars. In Spain, hotels' room size is very important to determining its star rating, whereas the official Italian star system details elements like the number of spare toilet paper rolls and how many hours a day porters are available to carry bags. Four-star hotels near the Ramblas generally have very luxurious facilities and furnishings with modern conveniences and amenities such as pools, spas, gourmet restaurants and fitness centers.
A Handful of Options
Several four-star hotels line the Ramblas. The 1898 has 169 rooms, some with private gardens and pools, besides the hotel pools and spa. A boutique option, it's decorated in a classic contemporary style that draws attention to the historic building, with lots of exposed brickwork. At the Hotel Pulitzer, furnishings are modern with a trendy vibe, attracting younger guests. The Hotel Montecarlo has a more traditional look and, unusual given its location, it has private indoor parking.
When booking a room on the Ramblas, it would be foolish to expect total quiet. However, splurging at a four-star hotel should block out most of the noise from the surrounding streets. When booking, inquire about the room orientation; interior or patio-facing rooms may receive less light, but will inevitably be quieter. Hotels just off the Ramblas may be difficult to reach by car, depending on how deep they lie within the latticework of ancient, narrow streets. Generally, however, four-star accommodations shouldn't prove too difficult to access. One exception is the Hotel Neri, a boutique four-star hotel located on one of Barcelona's oldest streets.
Telegraph: European Hotel Star Ratings Explained
Tablet Hotels: Hotel 1898
Tablet Hotels: Hotel Pulitzer Barcelona
Barcelona Tourist Guide: Hotel Neri
Hotel 1898: Contact
Hotel Pulitzer: Home
Montecarlo: Contact
Hotel Neri: Contact
Tablet Hotels: Neri Hotel
Danielle Hill has been writing, editing and translating since 2005. She has contributed to "Globe Pequot" Barcelona travel guide, "Gulfshore Business Magazine," "Connecting Lines: New Poetry from Mexico" and "The Barcelona Review." She has trained in neuro-linguistic programming and holds a Bachelor of Arts in comparative literature and literary translation from Brown University.
Packing List for a Trip to Lisbon, Portugal in April
4 Star Hotel Requirements
How to Compare London Hotels
Florence, Italy Trips
Information on the Alexandra Hotel in Rome, Italy

redpajama_set_name: RedPajamaCommonCrawl


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Guns N' Roses, Beastie Boys, Chili Peppers Lead Rock Hall of Fame's 2012 Class
Daniel Kreps // December 7, 2011
The times they have a-changed. For arguably the first time, the Rock and Roll Hall of Fame induction ceremony won't be synonymous with classic rock radio and dad's record collection: Guns N' Roses, the Red Hot Chili Peppers, and the Beastie Boys have all been voted into the Cleveland shrine.
The Class of 2012 will also include psychedelic rocker/Beatles drug buddy Donovan, the Steve Marriot-led Small Faces and their Rod Stewart-fronted offshoot Faces, singer-songwriter Laura Nyro, famed TV presenter/music publisher Don Kirshner, and producers Glyn Johns (Ryan Adams' Ashes & Fire, among other more classic albums), Tom Dowd (Eat a Peach), and Cosimo Matassa. That means the following folks on the ballot didn't receive enough votes this year: Joan Jett, the Cure, Eric B. & Rakim, the Spinners, Rufus with Chaka Khan, Freddie King, Donna Summer, and War.
The obvious question now is "How did Laura Nyro get in the Rock Hall." OK, not really, it's "Will the original Guns N' Roses lineup reunite for the ceremony?" When asked if their inevitable Rock Hall induction would result in a reunion, Slash, Duff McKagan, and other former GN'Rers have always expressed interest in getting the gang back together for the first time since 1993. However, there's Axl Rose and his seemingly undying hatred toward his former guitarist Slash, as evidenced by his Guitar Hero lawsuit and his furious accusation that former manager Irving Azoff was scheming to assemble a GN'R reunion. Rose has invited McKagan to perform with the Chinese Democracy-era Guns N' Roses in the past, so there are faint hopes that the Use Your Illusion gang gets back together, but it's still more likely that Axl either shows up with DJ Ashba and Tommy Stinson or he doesn't show up at all.
On a more positive note, the Rock Hall induction ceremony should (hopefully) mark the return of the Beastie Boys to the stage for the first time since Adam "MCA" Yauch's cancer battle. The Red Hot Chili Peppers, meanwhile, will already be touring throughout 2012, so they'll just have to change up their schedule a bit in order to make sure they're at the induction ceremony at Cleveland's Public Hall on April 14th.
The event will be open to the public, but for those who can't make it, HBO will broadcast the ceremony in early May, Rolling Stone reports.
This past summer, MTV celebrated its 30th anniversary, which means that many of the bands that at least owed a part of their fame to the channel are now eligible for the Rock and Roll Hall of Fame (artists can get on the ballot 25 years after their first release). With the induction of GN'R, the Peppers, and the Beasties, the MTV generation's has finally started to make its mark on one of rock's hallowed institutions.
Daniel Kreps
Tags: beastie boys, guns n roses, Music News, Red Hot Chili Peppers, Rock and Roll Hall of Fame
Watch Pearl Jam's Mike McCready Perform With Members of Red Hot Chili Peppers and Foo Fighters
Ex Guns N' Roses Drummer Steven Adler's Injury Was an Accident, Not a Suicide Attempt
Ex Guns N' Roses Drummer Steven Adler Hospitalized After Reportedly Stabbing Himself
Beastie Boys Release To the 5 Boroughs Deluxe Edition for 15th Anniversary
Geto Boys & Rick Rubin: Spin's 1990 Feature, 'Censorship Isn't Def American'
To Live and Die in L.A.: Our 1999 Feature on Red Hot Chili Peppers' 'Californication'


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Writing Wrinkles, and Random Ramblings
Smoothing the wrinkles in this wrinkly's writing
Editing etc.
Libraries and Me
Tag: pond pumps
Bloganuary week 2
January 14, 2023 January 19, 2023 ~ Cathy Cade ~ 12 Comments
I don't blog daily. I'm sort of taking part in Bloganuary by posting a summary of the week's prompts. Some responses have been brief. ### 8th Jan How far back in your family tree can you go? Another short one. . . I have the name of my birth mother on my original birth certificate. No … Continue reading Bloganuary week 2
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Bloganuary week 4 January 28, 2023
Bloganuary week 1 January 7, 2023
Singing as Therapy December 31, 2022
A Christmas story I made earlier December 23, 2022
Angels December 17, 2022
Christmas Wrapping December 11, 2022
One-sided December 7, 2022
Still Diverting November 30, 2022
101 Word Flash Fiction November 22, 2022
Why Am I Writing This Boring Story? November 18, 2022
Wash Behind Your Ears November 12, 2022
Piece of Cake November 6, 2022
One Big Happy Family October 29, 2022
Dust If You Must… October 26, 2022
News Without Nuance October 21, 2022
Least Favourite Things October 13, 2022
Things I picked up along the way October 5, 2022
A Right Pickle September 27, 2022
Déjà Vu September 19, 2022
End of Life September 12, 2022
Ageing Gratefully September 4, 2022
Online Editors August 27, 2022
Where Do Ideas Come From? August 19, 2022
Slip-up August 11, 2022
Colour Me Faded August 3, 2022
Fashion? July 26, 2022
The Camino Santiago – The Way of St James July 18, 2022
Living on Less July 16, 2022
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Read A Christmas Carol by author Charles Dickens, FREE, online. (Table of Contents. ) This book and many more are available. Christmas (12/25) Kwanzaa (12/26) New Year's Day (1/1). Hallmark's recordable storybooks are easy to use and come in a variety of classic children's stories. This book is about three girls who love Christmas. One of the girls wake up to see Santa but he came in something Santa wouldn't. . It started on. Free Short Christmas Stories to read Online with your children. Free Short Christmas Stories to read Online with your children.
Original Christmas Stories - Stories that were written especially for Family. actual books, we have listed a few recommendations in our Christmas Books page. Unlike other books in this list, The White Christmas contains plays, not novellas or short stories. Written by Walter Ben Hare, the author of numerous plays, the book contains 6 children's plays about Christmas, complete with tips on how to prepare a perfect Christmas play. 'Twas The Night Before Christmas' Book: Read The Full Text Online Here, Original Poem By Clement Clarke Moore.
By Rebecka Schumann @RebeckaSchumann. " Happy Christmas to all, and to all a good. The Indianapolis Public Library Ready To Read Blog: For Ages 1 – 5 Years. story time online is an awsome reading website!. The Bear that ate your sandwich and. Christmas Stories; short stories and audio books online for kids. Children's books online and downloadable audio books for free. Scarlett's 2nd Christmas Scarlett Rose was very excited. It was almost Christmas time and she was wondering if Santa would come again this year with.
Dec 21, 2017. More great stories can be found at 25 Multicultural Christmas Books for. All Ready to Read Booklists – links to free online books, activities and. More than 25 free online Christmas stories to read aloud to kids and teens favorite picture books and chapter books for the holiday season! 25 Free Christmas Books and Holiday Stories - Edventures with Kids Many Christmas storybooks were published by Little Golden Books.
Little Golden Books was the idea of Georges Duplaix, who was the head of Artists and Writers Guild, which was a division of Western Publishing Company. Christmas Books This page will contain links to Christmas-themed books that we feel are worth reading, some to ourselves, some to our children, and some by our children.
If your favorite book isn't on our page, take heart, we have many more in our" queue, " but we started with our very favorite books first. Children's Books Online: the Rosetta Project, Inc.
would like to thank Anneli Salo for her wonderful translation of" The Night Before Christmas" into Finnish. This heartwarming story about the effects of the Christmas spirit will grow even the coldest and smallest of hearts. Like mistletoe, candy canes, and caroling, the Grinch is a mainstay of the holidays, and his story is the perfect gift for young and old. Authors reading children's books online for free. It's Storytime in the Reading Room from A Story Before Bed.
The Reading Room. On Christmas Eve night, the elves. Books shelved as christmas-stories: A Christmas Carol by Charles Dickens, How the Grinch Stole Christmas! by Dr. Seuss, The Polar Express by Chris Van Al.
Speakaboos offers a library of interactive stories for kids designed to motivate children to read more by engaging them with popular topics and characters and improving comprehension. Make this Christmas special with our personalized kids Christmas story books. Nine titles to choose from. Christmas Books This page will contain links to Christmas-themed books that we feel are worth reading, some to ourselves, some to our children, and some by our children.
If your Online story books christmas book isn't on our page, take heart, we have many more in our" queue, " but we started with our very favorite books first. Books shelved as christmas: A Christmas Carol by Charles Dickens, The Night Before Christmas by Clement C. Moore, How the Grinch Stole Christmas! by Dr. 20 Magical Children's Christmas Books To Read Aloud. Heartwarming stories of the season that children and adults will love.
20 Magical Children's Christmas Books To Read Aloud. Heartwarming stories of the season that children and adults will love. Free Short Christmas Stories to read Online with your children. More than 25 free online Christmas stories to read aloud to kids and teens favorite picture books and chapter books for the holiday season!


Wisconsin businesses and other workplaces can save landfilling costs, earn money from the sale of materials and help Wisconsin's economy and environment by recycling.
Wisconsin's recycling laws banned certain materials from landfill disposal, and this applies to all residential and non-residential locations. Businesses and other workplaces must recycle designated materials, as well as provide for the recycling of these materials by their clients or customers.


World reserves are reported to be sufficient to meet anticipated demand for the next decade. Canada has greater approved resources of indium than any other country. It hosts about 27% of the world reserves and 35% of the world reserve base. Reserves were estimated at 600 tons in 1994 and 700 tons in 2000. Its current reserve base is 2,000 tons of indium. Canada has become one of the world's largest indium producing country. Most indium is recovered from lead-zinc-silver and zinc-copper ores of sediment-and volcanic-hosted exhalative origin. Corresponding amounts for the United States are 12% (300 tons) and 11% (600 tons), respectively (Brown 1996, 1997, 1999, 2001). Second largest indium reserves are located in China which accounts for current reserves of 400 tons (15%) and a reserve base of 1,000 tons (18%). Largest reserves may be expected in the base metal-rich deposits of the Dachang district.


Picture taken from a German prisoner.
A group of army doctors and the nurses on a tea break between shifts.
Part of one of my mother's letter written to her beloved family. We are fortunate to have a complete set of these letters.
A picture taken after the war of the St. Francis Hospital (Pittsburgh) Class of 1917. My mother is at the front of the picture.


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Q: XPages: Navigating arround a document collection I create a document collection and am able to put the docid of the second doc in the first doc, third in second and so till the last Document which enable me to navigate from first to second document when the user approved a job and so on, but i want to be also able to go from second back to first when the user reject the task but i have not be able to store the docid of the first in the second documnet. Below is the code i am currently using
Document nextJob= null;
Document thisJob =null;
DocumentCollection col = lookup.getAllDocumentsByKey(ID, true);
if (col != null){
Job= col.getFirstDocument();

while (job!= null) {
    thisJob.createDocument()
    thisJob =Job;
    thisJob.replaceItemValue("DocID",thisJob.getUniversalID());
    thisJob.save(true);
    if(nextJob!= null){
        nextJob.replaceItemValue("TaskSuccessor",thisJob.getUniversalID());
        nextJob.save(true);
    }
 nextJob= thisJob
 tmpDoc = Job;
 Job = col.getNextDocument(Job);
}
}

A: To echo Frantisek and others, updating the documents is not best practice. The key to how to achieve it is to consider a number of questions:

*

*What you mean first next and previous job?

*What is the numbers of jobs involved?

*How are save conflicts going to be minimised / resolved by you / users?

*How are deletions being handled, to ensure referential integrity?#

*What happens when you need to archive data?

If it's for all users and next on date created, create a view based on date created. It will be quicker to create, completely negate the issue of save conflicts or deletes and not have a significant performance hit unless you're dealing with very large numbers of jobs (in which case you should be considering archiving).
If it's a small number of jobs, store them in a Java Map. But you need to handle deletions. Because you'll be loadingn the map when the app loads, archiving is not a problem.
If it's next / previous per user, a better method would be storing the order in a document per person in the database. If replicas are not involved, Note IDs can be used and will be shorter. It will negate save conflicts. But it may cause problems with large numbers of jobs - you will probably need to create new fields programmatically and also handle deletions.
DonMaro's suggestion fits with a graph database approach of edges (the third documents) between the vertices (the jobs).
In most cases, views will be the easiest and most recommended approach. IBM have included view index enhancements in 9.0.1 FP3 and will allow view indexes to be stored outside the NSF in the next point release.
Even if you're confident that you can build a better indexing system than what is already included in Domino, there are other aspects like save conflicts that need to be handled and you're decision may not allow future functional requirements like security, deletion, archiving etc.

A: Well, despite pointing out to really consider Frantisek Kossuth's comment (as UNIDs get changed in case you have might have to copy/paste a document back into the database, e.g. for backup; try considering generating unique values by using @Unique):
just create a third document object "prevJob" and store the previous document there when/before changing to the next one.
Then you can access the UNID just as you already do by "prevJob.getUniversalID()" and store it in the document you're currently processing.

redpajama_set_name: RedPajamaStackExchange


MGSU Time UG/PG Time Table will announce very shortly. All the students can check and download MGSU BA Bcom BSC previous second final year Exam schedule PDF format online here. for more details MGSU MA Mcom MSC previous & final year exam program & related any infromation through main web portal.
Good news for all candidates of Maharaja Ganga Singh University (MGSU), Bikaner. The MGS University is going to release BA/BSC BCOM and MA/MSC/MCOM Exam time table for written exams. Students who are waiting to MGSU Time Table 2019 they will able to download it from official web page after some time. Our team will available MGSU UG and PG Exam Date Sheet on here so all candidates connect with me. All Privates, Regulars and Ex-Students are looking for Bikaner University time table on various web pages. The process of Online exam form has been completed in November Month for UG & PG Exams by MGSU. Various boys and girls have enrolled from MGS University for these exams. Now all enrolled candidates are waiting to their MGSU Time Table 2019 at last one month. New changes & updates will provide on this web page by our team.
All candidates who have submit their exam form successfully they are will able to download their Admit Card after some time from official web page of University. But at now, MGSU Exam Time Table/Scheme/Date Sheet is very compulsory for all students. Candidates can make study plan with time table help so we are suggested to download it. The MGSU BA/BSC/BCOM Scheme will upload in PDF file for all candidates. We are understood that after exam form process has completed you are wants to download their exam schedule. The Students will able to download MGSU Time Table 2019 after official released so wait some time for it. MGSU UG PG Exam Routine is very important point of exams so University will provide it before two months of exam start. The exam authority will disclosed Hall ticket/Admit card before two weeks of exams. So you can follow our education web page.
If you are discovering/searching Bikaner University UG and PG exams time table then open good web page. Because here we will upload it completed and correctly. The exam will start in March/April Month. MGS University Bikaner conducts various UG & PG examinations every year for the students. MGSU is located in Bikaner in the state of Rajasthan, India. It was established in 2003. Now the university is planning to release MGSU Time Table 2019 for annual exams. All candidates will able to download their exam time table in 3rd Week of January month. Some candidates are very excited to download Bikaner University MA/MSC/MCOM Exam Schedule at now. On this web page we have updated various simple steps to Exam Date Sheet download so you can use it.


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SoulTracks 10 Gems: Tinashe
Photo Courtesy of Tinashe Music, Inc.
November 5, 2020 — Welcome back to 10 Gems, our series featuring 10-song, single-artist playlists that we think may especially appeal to SoulTrackers. The focus here is not on track position or "hits," although some are included; rather, it's all about quality, atmospherics, groove and feel.
We feature this week Tinashe, an artist whom we have previously described as a "triple threat" — she can sing, write and dance with the best of them. We have featured Tinashe's music from her superb 2014 debut album Aquarius, through her most recent mixtape, Nightride, as well as her latest, first independent full-length album, Songs For You. Her music is a intoxicating mix of confessional alt-R&B and dance music, often exuberant and never dull. She is just as skilled delivering a nuanced, delicate vocal over a slow jam as she is at belting a full-throated anthem inviting you to bust a move. Enjoy.
By Robb Patryk


HANA FINANCIAL, INC. v. HANA BANK ET AL.
Petitioner, Hana Financial, Inc., and respondent Hana Bank both provide financial services to individuals in the United States. When Hana Financial sued Hana Bank for trademark infringement, Hana Bank invoked in defense the tacking doctrine, under which lower courts have provided that a trademark user may make certain modifications to its mark over time while, in limited circumstances, retaining its priority position. Petitioner's claim was tried before a jury, and the District Court adopted in substantial part the jury instruction on tacking proposed by petitioner. The jury returned a verdict in respondent's favor. Affirming, the Ninth Circuit explained that the tacking inquiry was an exceptionally limited and highly fact-sensitive matter reserved for juries, not judges.
Held: Whether two trademarks may be tacked for purposes of determining priority is a question for the jury. Pp. 3-8.
(a) Lower courts have held that two marks may be tacked when they are considered to be "legal equivalents," i.e., they "create the same, continuing commercial impression." Van Dyne-Crotty, Inc. v. Wear-Guard Corp. 926 F. 2d 1156, 1159. And "commercial impression" "must be viewed through the eyes of a consumer." DuoProSS Meditech Corp. v. Inviro Medical Devices, Ltd., 695 F. 3d 1247, 1253. When the relevant question is how an ordinary person or community would make an assessment, the jury is generally the decisionmaker that ought to provide the fact-intensive answer. See, e.g., United States v. Gaudin, 515 U. S. 506, 512. Pp. 3-5.
(b) Each of petitioner's four arguments in support of its view that tacking is a question of law to be resolved by a judge is unpersuasive. First, it may be true that the "legal equivalents" test involves a legal standard, but such " 'mixed question[s] of law and fact,' [have] typi-cally been resolved by juries." Gaudin, 515 U. S., at 512. And any concern that a jury may improperly apply the relevant legal standard can be remedied by crafting careful jury instructions. Second, petitioner offers no support for its claim that tacking determinations create new law in a unique way that requires those determinations to be reserved for judges. Third, petitioner worries that the predictability required for a functioning trademark system will be absent if tacking questions are assigned to juries, but offers no reason why trademark tacking should be treated differently from the tort, contract, and criminal justice systems, where juries answer often-dispositive factual questions or make dispositive applications of legal standards to facts. Finally, in arguing that judges have historically resolved tacking disputes, petitioner points to cases arising in the contexts of bench trials, summary judgment, and the like, in which it is undisputed that judges may resolve tacking disputes. Pp. 5-8.
735 F. 3d. 1158, affirmed.
HANA FINANCIAL, INC., PETITIONER v. HANA BANK, et al.
Rights in a trademark are determined by the date of the mark's first use in commerce. The party who first uses a mark in commerce is said to have priority over other users. Recognizing that trademark users ought to be permitted to make certain modifications to their marks over time without losing priority, lower courts have provided that, in limited circumstances, a party may clothe a new mark with the priority position of an older mark. This doctrine is called "tacking," and lower courts have found tacking to be available when the original and revised marks are "legal equivalents" in that they create the same, continuing commercial impression. The question presented here is whether a judge or a jury should determine whether tacking is available in a given case. Because the tacking inquiry operates from the perspective of an ordinary purchaser or consumer, we hold that a jury should make this determination.
Petitioner, Hana Financial, and respondent Hana Bank, a subsidiary of respondent Hana Financial Group, both provide financial services to individuals in the United States. Hana Bank (hereinafter respondent) was established in 1971 as a Korean entity called Korea Investment Finance Corporation. In 1991, that entity changed its name to "Hana Bank" and began using this name in Korea. In 1994, it established a service called Hana Overseas Korean Club to provide financial services to Korean expatriates, and specifically advertised that service in the United States. Those advertisements used the name "Hana Overseas Korean Club" in both English and Korean, and included the name "Hana Bank" in Korean and respondent's "dancing man" logo. See App. 206. In 2000, respondent changed the name of the Hana Overseas Ko-rean Club to "Hana World Center." In 2002, respondent began operating a bank in the United States under the name "Hana Bank." This enterprise amounted to respondent's first physical presence in the United States.
Petitioner was established in 1994 as a California corporation called Hana Financial. It began using that name and an associated trademark in commerce in 1995. In 1996, it obtained a federal trademark registration for a pyramid logo with the name "Hana Financial" for use in connection with financial services.
"A party may claim priority in a mark based on the first use date of a similar but technically distinct mark where the previously used mark is the legal equivalent of the mark in question or indistinguish-able therefrom such that consumers consider both as the same mark. This is called 'tacking.' The marks must create the same, continuing commercial impression, and the later mark should not materially differ from or alter the character of the mark attempted to be tacked." App. 173; see id., at 140 (proposed instruction).
The jury returned a verdict in favor of respondent, and the District Court denied petitioner's motion for judgment as a matter of law.
The Court of Appeals for the Ninth Circuit affirmed. The court explained that, although tacking applies only in "exceptionally narrow circumstances," 735 F. 3d 1158, 1160 (2013) (internal quotation marks omitted), it " 'requires a highly fact-sensitive inquiry' " that is "reserved for the jury," ibid. (quoting One Industries, LLC v. Jim O'Neal Distributing, Inc., 578 F. 3d 1154, 1160 (CA9 2009)). The court acknowledged, however, that whether tacking should be decided by juries or judges "is the subject of a circuit split." 735 F. 3d, at 1164, n. 5 (noting that the Federal and Sixth Circuits "evaluate tacking as a question of law"); see Van Dyne-Crotty, Inc. v. Wear-Guard Corp., 926 F. 2d 1156, 1159 (CA Fed. 1991); Data Concepts, Inc. v. Digital Consulting, Inc., 150 F. 3d 620, 623 (CA6 1998).
As discussed above, the general rule adopted by lower courts has been that two marks may be tacked when the original and revised marks are "legal equivalents." This term refers to two marks that "create the same, continuing commercial impression" so that consumers "consider both as the same mark."1 Van Dyne-Crotty, Inc., 926 F. 2d, at 1159 (internal quotation marks omitted); see, e.g., George & Co., LLC v. Imagination Entertainment Ltd., 575 F. 3d 383, 402 (CA4 2009); Brookfield Communications, Inc. v. West Coast Entertainment Corp., 174 F. 3d 1036, 1047-1048 (CA9 1999); Data Concepts, Inc., 150 F. 3d, at 623. "The commercial impression that a mark conveys must be viewed through the eyes of a consumer." DuoProSS Medi-tech Corp. v. Inviro Medical Devices, Ltd., 695 F. 3d 1247, 1253 (CA Fed. 2012); see 3 J. McCarthy, Trademarks and Unfair Competition §17:26, p. 17-71 (4th ed. 2014) (" 'Commercial impression,' like most issues in trademark law, should be determined from the perspective of the ordinary purchaser of these kinds of goods or services").
Application of a test that relies upon an ordinary consumer's understanding of the impression that a mark conveys falls comfortably within the ken of a jury. Indeed, we have long recognized across a variety of doctrinal contexts that, when the relevant question is how an ordinary person or community would make an assessment, the jury is generally the decisionmaker that ought to provide the fact-intensive answer. See, e.g., United States v. Gaudin, 515 U. S. 506, 512 (1995) (recognizing that " 'delicate assessments of the inferences a 'reasonable [decisionmaker]' would draw . . . [are] peculiarly one[s] for the trier of fact' " (quoting TSC Industries, Inc. v. Northway, Inc., 426 U. S. 438, 450 (1976); first alteration in original); id., at 450, n. 12 (observing that the jury has a "unique competence in applying the 'reasonable man' standard"); Hamling v. United States, 418 U. S. 87, 104-105 (1974) (emphasizing "the ability of the juror to ascertain the sense of the 'average person' " by drawing upon "his own knowledge of the views of the average person in the community or vicinage from which he comes" and his "knowledge of the propensities of a 'reasonable' person"); Railroad Co. v. Stout, 17 Wall. 657, 664 (1874) ("It is assumed that twelve men know more of the common affairs of life than does one man, [and] that they can draw wiser and safer conclusions from admitted facts thus occurring than can a single judge").
This is certainly not to say that a judge may never determine whether two marks may be tacked. If the facts warrant it, a judge may decide a tacking question on a motion for summary judgment or for judgment as a matter of law. See Fed. Rules Civ. Proc. 50, 56(a). And if the parties have opted to try their case before a judge, the judge may of course decide a tacking question in his or her factfinding capacity. We hold only that, when a jury trial has been requested and when the facts do not warrant entry of summary judgment or judgment as a matter of law, the question whether tacking is warranted must be decided by a jury.
Attempting to overcome our conclusion, petitioner offers four reasons why, in its view, tacking is a question of law that should be resolved by a judge. None persuades us.
Petitioner first observes that the "legal equivalents" test involves the application of a legal standard. See Brief for Petitioner 20. True enough, but "the application-of-legal-standard-to-fact sort of question . . . , commonly called a 'mixed question of law and fact,' has typically been resolved by juries." Gaudin, 515 U. S., at 512; see id., at 514 ("[T]he jury's constitutional responsibility is not merely to determine the facts, but to apply the law to those facts and draw the ultimate conclusion . . ."); Miller v. Fenton, 474 U. S. 104, 113 (1985) ("[A]n issue does not lose its factual character merely because its resolution is dispositive of the ultimate . . . question"). The "mixed" analysis that takes place during the tacking inquiry is no different. And insofar as petitioner is concerned that a jury may improperly apply the relevant legal standard, the solution is to craft careful jury instructions that make that standard clear. Here, however, petitioner can hardly criticize the instruction the District Court gave the jury, as it was essentially the instruction petitioner proposed.
Third, and related, petitioner worries that the predict-ability required for a functioning trademark system will be absent if tacking questions are assigned to juries. See Brief for Petitioner 25-27. But, again, the same could be said about the tort, contract, and criminal justice systems: In all of these areas, juries answer often-dispositive fac-tual questions or make dispositive applications of legal standards to facts. The fact that another jury, hearing the same case, might reach a different conclusion may make the system "unpredictable," but it has never stopped us from employing juries in these analogous contexts. Petitioner has offered no reason why trademark tacking ought to be treated differently. Moreover, decisionmaking in fact-intensive disputes necessarily requires judgment calls. Regardless of whether those judgment calls are made by juries or judges, they necessarily involve some degree of uncertainty, particularly when they have to do with how reasonable persons would behave.
Finally, petitioner argues that, as a historical matter, judges have resolved tacking disputes. See Brief for Petitioner 30-35. But petitioner relies on cases in which judges have resolved tacking disputes in bench trials, at summary judgment, or the like. See, e.g., Drexel Enterprises, Inc. v. Richardson, 312 F. 2d 525, 526 (CA10 1962) ("[This action] was tried without a jury"); Perfectform Corp. v. Perfect Brassiere Co., 256 F. 2d 736, 738 (CA3 1958) ("The district court dismissed the complaint"); John Morrell & Co. v. Hauser Packing Co., 20 F. 2d 713 (CA9 1927) ("In the court below, there was a dismissal of both the bill and of defendant's counterclaim"); Beech-Nut Packing Co. v. P. Lorillard Co., 299 F. 834, 835 (NJ 1924) (equitable claims tried solely before a judge). As we have noted, it is undisputed that judges may resolve tacking disputes in those contexts. But recognizing as much does not gainsay our conclusion that, when a jury is to be empaneled and when the facts warrant neither summary judgment nor judgment as a matter of law, tacking is a question for the jury.
The Ninth Circuit correctly held that whether two marks may be tacked for purposes of determining priority is a question for the jury. Accordingly, the judgment of the Ninth Circuit is affirmed.
The parties do not question the existence of the tacking doctrine or this substantive standard.
Our decision in Markman v. Westview Instruments, Inc., 517 U. S. 370 (1996), is not to the contrary. In Markman, we held that the task of construing patent terms falls to judges and not to juries. We held as much because "[t]he construction of written instruments is one of those things that judges often do and are likely to do better than jurors unburdened by training in exegesis." Id., at 388; see Teva Pharmaceuticals USA, Inc., v. Sandoz, Inc., ante, at 5. The tacking inquiry, by contrast, involves a factual judgment about whether two marks give the same impression to consumers. Making that kind of judgment is, as discussed above, not "one of those things that judges often do" better than jurors.


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Tag: authorinterview
#BlogTour #AuthorInterview Martha's Revenge by Joanna Larum @jolarum @Books_n_all
Hello lovelies and welcome to my stop on the blog tour for Martha's Revenge by Joanna Larum. Today I'm going to be bringing you a Q&A with the lovely Jo herself but first a bit about the book:
Title: Martha's Revenge by Joanna Larum
Date Published: 5th April 2019
Martha's Revenge begins where Martha is pretending to have lost her memory after Dolly attacked her. She is finding playing the 'angelic younger sister' a strain but this is compensated by the adrenaline rush that she gets when she murders her next victim, Mrs Browne. This is so addictive she looks out for another victim and settles on Mr Gray, the inoffensive but rather weak printer who made such a mess of her advertising leaflets.
Martha and Daniel's mother, Edith, falls ill as she pays for all the years she spent working in the damp laundry in the cold and wet. She dies and her husband Bob is devastated, as is Daniel. Martha doesn't feel anything at the loss of her mother other than irritation at her failure to protect her children from the cruelty of their grandparents.
Georgie hero worships Daniel who rescued him from the work house and has been almost a father figure to him since he came to live in York Street with them. Dolly, a fat and unattractive older woman, was also taken in by Daniel and she adores him for being so kind to her. Her head is stuffed with Irish folk tales which she learnt from her Irish grandmother, as well as the conviction that she can see the kindness or cruelty in other people's auras. Daniel is the innocent in this, as he believes that Martha has reformed and is the delightful sister he always hoped she was.
Both Georgie and Dolly want to protect Daniel as they know he would be devastated by proof of Martha's wickedness and they both know that he won't help them to trap her. When the printer dies, strangled during the night by an 'unknown' killer, they realise that they could be next on her list and start to plan how they are going to trap her.
Daniel finds Frank Jackson, a twelve-year-old boy who has an alcoholic mother and younger siblings and has lost his father to the War, who is taken on as a shop boy to help Martha. Frank initially thinks that Martha is a wonderful person but, the more he sees of her behaviour in the shop, the more he realises how wicked and cruel she actually is. He mentions his concerns over Martha's behaviour to Dolly and she recruits him as a spy in the shop. Martha moves on to another victim, murdering old Mrs Jessop in her own kitchen. Frank is now frightened of Martha and glad that he took his concerns to Dolly.
Lucy Renwick, who Martha blackmailed over her affair with the married David Dundas, has sunk very low in the world. Jobless and living in one room which she can't afford, she spends her days looking for work, walking up to Normanby every day and then home again, still jobless. Mr Wilfred Chambers owns the manor house which faces Normanby Road and he watches Lucy every day. He has been invalided out of the Army and he wants to open a market garden on the land which surrounds his house, so that he can provide work and wages for those soldiers who have lost limbs to the War, or to the families of those soldiers who gave their lives in service to their country. He goes to the Baptist Chapel one Sunday morning and sees Lucy and offers her the job of housekeeper and overseer of the garden. He has admired the way that she has never given in or up, despite losing everything and wearing out her shoes walking the streets looking for work. She accepts the job and moves into the manor house where she loses her high-handed attitude and is genuinely loved by the garden workers and their families and the staff of the manor house.
Martha writes a letter to Lucy, admitting to being the person who tried to have her framed for burglary in the pawnbroker's shop. Lucy comes to the shop to see Martha and they make friends – genuine on Lucy's part but false on Martha's part. Frank is told to go home but he is frightened of Martha's mood and reports to Georgie and Dolly. They decide to keep watch on Martha, even if that means taking turns at staying awake all night in order to see what she does.
Martha has been invited to a garden party at the manor house where she decides to make a play for Mr Chambers, but he has eyes only for Lucy.
Meanwhile, Daniel has fallen in love with Bob Prosser's daughter and is devastated to learn that Bob is also his father. Their relationship is forbidden which plunges Daniel into a deep depression which worries Georgie and Dolly even more. Daniel is oblivious of all that is happening around him as he is so concerned about his love for Grace.
While at the garden party, Martha took the opportunity of taking an impression of the back door key in order to have it copied. Frank, Dolly and Georgie are convinced by Martha's behaviour that she has planned on killing Lucy as retribution for the times that Lucy was rude to her in Reed's shop. That night, when Martha sets off to storm the manor house, Georgie and Dolly follow her, unaware that Frank is following all three of them. Martha is also unaware that Mr Chambers has proposed to Lucy, although Lucy has to decline his offer as she is still married to her husband, the one who threw her out when he learnt of her adultery.
Martha reaches Lucy's bedroom but doesn't find Lucy as she is in her parlour next door to her bedroom, reliving Mr Chamber's proposal. A storm arrives and lightning hits the barns which house the tender plants as well as one of them being a dormitory for the workers. Chaos ensues as they all try to extinguish the fires which result from the lightning strike but the water in the pump runs dry and Lucy goes to try and find an old well at the bottom of the manor's garden. Martha accosts her there, away from anyone else and attempts to strangle her. SPOILER ALERT– Frank pushes Martha down the well and saves Lucy's life.
Once the fire has been extinguished, Frank explains everything that happened and produces Martha's suitcase which she had hidden in the garden. She intended killing Lucy and then escaping to London. She has a letter in the suitcase, stamped and addressed to Daniel which Georgie opens. It contains her confession of Lucy's (and other) murders and explains she is going to move to a city. She has taken all the money she amassed with her blackmailing.
Lucy, Mr Chambers, Georgie and Dolly decide to use the money to rebuild the barns and extend the garden. They tip the detritus from the fires down the well and then seal it, so Martha's body is never discovered and they all keep the secret of who killed Martha. The rest of the world, including Daniel, believes that Martha has moved to a big city, so no-one misses her.
Q&A with Joanna Larum
What inspired Martha and her story?
I was looking through a Victorian local newspaper at work one day, years ago, when I saw a report about an inquest on two children who had been found dead in their bed. The inquest decided it was as a result of their parents' treatment of them. It struck me that, even though it was a typical Victorian piece of dramatic reporting, there was a real story behind it. I put it to the back of my mind for the future where it became the story of Martha and her brother Daniel who had a terrible childhood, being very badly treated by their grandparents.
Out of all of the characters in Martha's Revenge, who is your favourite and why?
My favourite character is Dolly. I love her Irish background and her utter belief in her powers of soul reading. I think it is possible to read a lot about a person's character in their faces and Dolly has a heightened sense of this. I also love her down-to-earth character and her store of old wives' recipes.
I write every morning, 7 days a week. Afternoons are for housework, shopping, ironing etc. I miss it if I have to go out and can't get any writing done. Writing lifts me out of myself and I can be whoever I want to be while I am pounding the keys!
If you could recommend one book that everyone should read (apart from your own of course), what would it be?
It would be an American children's book which I read when I was about 8 years old. The Minipins by Carol Kendall. I remember struggling with the different words that are used in America but, once I got my head round them, the book was an absolute joy! I lent my copy to a friend at school who soon lost that title because she didn't return it and stopped being my friend! I found a copy on Amazon about three years ago, pounced on it and read it again. I wasn't disappointed, in fact, it was even better than when I had read it over 50 years previously! There were some wonderful episodes in it and it was where I first read the word 'muggle' – nothing to do with Harry Potter but I'm sure JK Rowling must have read the same book!
Life long favourites – Tolkien, CS Lewis, Chaucer, Austen, Jean Plaidy, Barbara Erskine, Catherine Cookson the list goes on!
Modern day favourites – Joy Ellis, Charlie Gallagher, Stewart Giles, Ann Cleves, same comment as above!
From my twenties to my early forties I read the Hobbit and The Lord of the Rings every summer and always found something new in them. Now that's the sign of a great book!
I've got two stories I'm working on at the moment. One is another story of life in a North East town at the time of the Great War where a mother has lost her husband to the War and the second is a children's book about the magic surrounding the Leven Casket. (or Gasket, as a dear friend called it!) It's the usual magic story where the children save the town ( and probably the rest of humanity!) And there is all the housework I haven't done because my writing time has overrun!
I only went to school to learn to read. At age 6, I decided I COULD read and promptly left, by the school gate, the same gate which my mother marched me back through 10 minutes later. So I had to spend the next 12 years at school, learning lots of different things, none of which lived up to the excitement of reading. Wanting to be a writer was a natural progression, because there is nothing as exciting as inventing the story yourself. But it's taken over 50 years before I dared to present my stories for other people to read. So, here they are! I'll just creep behind the sofa.
Facebook: https://www.facebook.com/profile.php?id=100008340517522
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Twitter: @jolarum
Author ljwrites85Posted on 07/04/2019 04/04/2019 Categories blog tour, book, Book Spotlight, books, historical fiction, newrelease, promo, Q&ATags #blogtour, authorinterview, bookpromo, books, bookspotlight, historicalfiction, joannalarum, marthasrevenge, newrelease, promo, promotion, Q&ALeave a comment on #BlogTour #AuthorInterview Martha's Revenge by Joanna Larum @jolarum @Books_n_all
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European Union›
Greeks Still Gloomy About Economic Outlook
Niall McCarthy,
The far-left Syriza party won Greece's general election on Sunday and formed a governing coalition with the centre-right Independent Greeks. Led by Alexis Tsipras, Syriza has vowed to renegotiate the country's bailout terms and end years of crippling austerity. Tsipras in particular has promised to write off half the nation's debt and end Greece's "humiliation and pain".
Even though his promises have appealed to Greek voters, they may prove difficult to keep. Despite a wave of optimism on the streets of Athens and beyond, Greece still comes first in the world for economic gloom. Pew Research carried out a poll in spring 2014 and found that 53 percent of Greeks expected their economic situation to worsen over the following 12 months. France was second for economic pessimism while Lebanon came third.
Several countries have voiced concerns about Syriza's anti-austerity plans and Germany has indicated it will not renegotiate Greece's bailout terms. If Tsipras fails to deliver what he's promised, a Greek exit of the eurozone could happen sooner rather than later.
Niall McCarthy
niall.mccarthy@statista.com +49 (40) 284 841 562
This chart shows the percentage of people expecting the economic situation to worsen in their country.
https://cdn1.statista.com/chart/3165/greeks-still-gloomy-about-economic-outlook/
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