Fox's "American Idol" still lurks in the shadows, but as the halfway point of the season approaches, it's CBS that's ruling primetime — and with some historic achievements to boot.
The Eye, which rode its comedies, dramas and Tim Tebow to an easy victory last week, is the season leader in all of the key broad categories, according to Nielsen. It holds a 7% advantage over Fox in adults 18-49 and is winning the total-viewer derby by a ridiculously large margin (3.4 million over runner-up ABC) — the largest for any net since NBC in 1987-88.
Its dominance shows in the program rankings: Among adults 18-49, CBS possesses half of the broadcast top 20 — including "Two and a Half Men," "NCIS" and hot newbie "2 Broke Girls"; Fox has five shows on the list, ABC has four and NBC just one.
This is the net's best showing in the category since at least 1987 (the advent of People-Meters), and no network has so dominated the early part of the season since NBC had 12 of the top 20 midway through the 1996-97 season.
CBS also has more improved time periods than any net this season, up in 14 half-hours — compared to five a year ago.
Last week, CBS led in adults 18-49 with a 3.3 rating/9 share, followed by NBC (2.7/7), ABC (2.3/6), ESPN (1.8/5) and Fox and Univisoin (both at 1.4/4). The Eye also had it in adults 25-54 (4.2 vs. 3.2 for NBC) and cruised in total viewers (12.7 million to 8.3 million for NBC).
For CBS, "60 Minutes" (4.8/11 in 18-49, 18.07m) and "The Good Wife" (2.7/6, 11.65m) were boosted by the football overrun. And earlier in the week, "Two and a Half Men" (4.5/10, 13.94m) and "2 Broke Girls" (4.4/10, 12.10m) led Monday, while "NCIS" (4.1/11, 19.81m) and "NCIS: Los Angeles" (3.5/8, 17.08m) topped Tuesday.
The net also benefited from a massive NFL overrun on Sunday, as the final 73 minutes of the Denver-Pittsburgh NFL Wild Card Playoff game averaged a 17.8/44 in adults 18-49 and about 50 million viewers overall; its overall average audience (41.37 million) is the most in at least 24 years for a game in pro football's opening round of the postseason.
NBC aired the week's No. 1 primetime program with Saturday's NFL Wild Card game between Detroit and New Orleans (11.3/31 in 18-49, 31.78m) — the top scores for any primetime telecast this season.
Net didn't have much going on the series side, as "The Biggest Loser" kicked off its latest season on the low side (2.4/6 in 18-49, 6.59m) and its top scripted skeins aired in repeats.
ABC got a running start on the New Year by going with originals across the week. New Tuesday laffer "Work It" didn't do much in its bow (2.0/5 in 18-49, 6.16m), but the net fared better later in the frame.
Wednesday's "Modern Family" was the week's No. 1 comedy (5.7/14 in 18-49, 14.03m); Thursday's "Grey's Anatomy" was the No. 1 drama in demos (4.5/12, 12.12m), returning from a two-month break to hit a season high; and Sunday's "Once Upon a Time" (3.7/8, 10.35m) was the week's No. 1 new drama among young adults.
ABC's primetime Republican presidential debate Saturday drew 6.27 million viewers and 1.74 million adults 25-54, making it the election's No. 2 debate — behind only ABC's on Dec. 10 (7.63m, 2.10m in 25-54) and Fox News Channel's most recent one, on Dec. 15 (6.71m, 1.87m in 25-54).
Fox had a very quiet week, airing mostly repeats prior to Sunday, when the late-running football game on CBS cut into viewership for the net's "The Simpsons" (2.3/5 in 18-49, 5.07m). CW welcomed back top show "The Vampire Diaries" to good numbers (1.5/4 in 18-49, 3.32m), but leadout "The Secret Circle" was nothing special (0.8/2, 2.05m).
Highlights outside the Big Four included a strong start for the returning PBS drama "Downton Abbey," as preliminary Nielsen data show it averaging 4.2 million viewers on Sunday, or about twice the network's typical primetime average.
This is also a nearly 20% improvement over last season's first-season average of the critically acclaimed World War I-set program.
On the cable side, MTV's "Jersey Shore" kicked off its fifth season with more impressive numbers (4.0/10 in 18-49, 7.58m) — down from its most recent season opener but still among the week's top 10 primetime programs in 18-49.
Disney Channel drew a big aud for Friday's series finale of "Wizards of Waverly Place" (1.9/7 in 18-49, 9.76m), which hit series highs in core demos like kids 6-11 (4.2 million) and tweens 9-14 (3.8 million). It was the night's top scripted program in 18-49, edging out a pair of CBS firstrun dramas.
That same night saw another strong outing for Discovery's "Gold Rush" (1.9/6, 4.69m), which was television's No. 1 program for the night (excluding sports) in men 18-49 (2.4/8). Net was also pleased with the season-finale perf of "Moonshiners" on Wednesday (1.4/4, 2.90m), with the show hitting series highs.
ABC Family's new series "Jane by Design" got off to a decent start Tuesday (0.6/2 in 18-49, 1.61m), airing behind the return of "Switched at Birth" (1.0/3, 2.74m). "Jane" retained about 70% of its lead-in among femmes 12-34 (1.8 vs. 2.6).
And "Dog the Bounty Hunter" kicked off its eighth season with good numbers Wednesday (1.3/4, 2.94m), helping A&E stand as the top-rated entertainment cable net for the night in 18-49 and 25-54.
On Monday of the current week, ESPN rolled with the Allstate Bowl Championship Series national championship, which did an 8.7 rating in 18-49 and 24.21 million viewers overall. The game, pitting conference rivals against each other for the second time this season, saw Alabama blank LSU, 21-0.
This is the second largest audience to date for the cabler, behind only last year's BCS title game between Auburn and Oregon (27.32 million); prior to last year, the BCS championship had aired on broadcast television.
The No. 2 bowl game this season was the high-scoring Rose Bowl contest between Oregon and Wisconsin on Jan. 2, which drew 17.56 million viewers.


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10 Electronic Albums for Maximum Productivity in 2015
By Jillian Mapes
Productivity talk can edge into dystopian territory, but at the beginning of the year, I like to think of that kind of research and the tips that follow as a necessary self-help effort. And anyway, we've all heard the studies about what music does to our brains while we're trying to work.
"When the task is clearly defined and is repetitive in nature… research seems to suggest that music is definitely useful," Fast Company notes. As Quartz points out, nine out of ten people are more efficient at work while listening to music. A landmark 1972 study proved that factory workers performed better when "upbeat, happy" songs were played overhead. But what exactly does "upbeat" and "happy" mean to the individual desk worker with access to anything and everything (thanks, Spotify)? And what if "happy" and "upbeat" isn't really your thing?
I polled a few co-workers here at Flavorpill HQ. Pop hits, Philip Glass, drone metal (like Earth), ambient techno (like Gas), low-key indie rock (like Beach House) were among the answers I received. Personally, I need wordless electronic music in bouts of productivity crisis. Ambient music does the job, but sometimes I need more of a steady bpm to motivate me.
It wasn't until the late '70s that Brian Eno started using the phrase "ambient music" to apply to his own sound, at that point already having made his own lasting mark on the genre, first via 1975's Discreet Music. "Actively listened to with attention or as easily ignored, depending on the choice of the listener" is how Eno described the ambient genre, and indeed the ability to be ignored is helpful in the work environment. I hate multi-artist playlists for workdays because they force my brain to acknowledge stylistic shifts, even subtle ones. So I use full albums. Specifically, I use these full albums (plus my own Aphex Twin megamix), or at least I have for the last six months. I hope you find them as effective as I have.
Daft Punk — Alive 2007
A followup to Alive 1997, Daft Punk's Grammy-winning second live album is my go-to album when I just need to knock out work quickly. It helps if the task is tedious in some way, as Alive brings even more energy to Daft Punk songs than originally existed by mashing up what is essentially a best-of set.
Clark — Clark
For his seventh album, Warp Records producer Clark created a world that feels a little like the TV show Black Mirror: recognizably distorted. The 2014 self-titled effort loops between slow deterioration and hyper-speed rebirth, sometimes simultaneously. This may sound like music that demands one's full attention, and at times it is if you let it. But the beat pushing the dark narrative forward has also worked for me as a driving force when I'm on the final legs of an intense, multi-faceted project.
Ricky Eat Acid — Three Love Songs
On his electronic debut last year, Sam Ray bounces between dark and light worlds with marked entry points. The most obvious — the album's proper start — features a monologue about moving through a house only to realize you're alone. In that sense, Three Love Songs feels not only intimate but manageable — not fully demanding of one's conscious attention. It's a true ambient album in the sense that found sound and bits of white noise creep in. I find it a useful soundtrack for deeply creative work.
Brian Eno — Small Craft on a Milk Sea
While Brian Eno's four-part Ambient series from 1978 to 1982 (and his releases in the years directly before and after) make up the bulk of his masterclass on the genre that remains one of the best soundtracks to a desk job, his late career output is full of albums that also work well for these purposes. Small Craft on a Milk Sea, from 2010, is a contained universe in each song, some demanding more attention that others. Again, a great album for multi-faceted projects and switching between tasks requiring varying levels of focus.
Air — Moon Safari
French duo Air's 1998 debut album is the Friday afternoon productivity album (besides Jock Jams, which I've used in my most desperate times). Moon Safari is an intergalactic dance party that requires very little of its listener: just chill out, get happy, and bop along when you can.
Nine Inch Nails — Hesitation Marks
I often listen to Nine Inch Nails' catalogue as a motivational device for the most horrendous tasks on my to-do list (head like a hole, amirite), but Trent Reznor's most recent NIN album — 2013's Hesitation Marks — steps down the intensity while keeping up the pace. When I say Hesitation Marks is the most ignorable NIN album, I don't mean it's the most forgettable. Though lyrical, songs like "All Time Low" and "While I'm Still Here" lend themselves to instinctual grooving with just a few listens. In the midst of a long, tedious task, there's nothing I love more than a subconscious dance party at my desk to shake it up.
The Social Network Soundtrack — Trent Reznor and Atticus Ross
Speaking of Reznor, his soundtrack work with Atticus Ross for David Fincher films has been known to make great finish-line music for big projects. The intensity seethes through in a way that's far less demanding than the NIN catalogue. The high-energy, wide-varying Social Network soundtrack is my favorite among them, and the one I work to most often.
Dawn of Midi — Dysnomia
Brooklyn trio Dawn of Midi — comprised of pianist Amino Belyamani,bassist Aakaash Israni, and drummer Qasim Naqvi — have variations of a theme on lock. Their stunning 2013 album, Dysnomia, moves methodically, so it works best at a low volume while making your way through a structured project.
Arca — Xen
We've praised Xen — the Mute Records debut from Yeezus and FKA twigs producer Alejandro Ghersi — a number of times here on Flavorwire throughout 2014. Part of why I connected with Xen so intensely is that it makes for a great soundtrack to deeply creative work — brainstorming, big-picture type of stuff. Xen does demand some amount of your attention, but the inspiration you get out of it in return is worth it.
Lone — Reality Testing
British electronic musician Matt Cutler made a career-defining album with 2012's overloaded Galaxy Garden, but it's his streamlined follow-up that works best for, well, work. This is a fun one for when you're in a bad mood about your work, as it dips between house, techno, ambient, and more with an easiness that doesn't call attention to itself. I always feel better about the day after I complete a task to Reality Testing.

redpajama_set_name: RedPajamaCommonCrawl


Delicate gold chain with various flowers attached in colors such as purple, pink, gold, red and green. This would look lovely with a purple dress. Also check out Mint Jewel Flower Earrings.
It's not a regular, cheap looking accessory. This is classy made from refined materials. First time I wore it, I already got a lot of compliments.


If you plan to file for bankruptcy, you must itemize your monthly living expenses, identify all sources of income, list all assets such as real estate property, vehicles, furnishings and investments and report any major financial transactions or transfers you have made over the last two years. You will also be required to disclose all of your debts, including any mortgages, car loans, student loans, medical bills and credit card debt.
At Lewis & Monroe, PLLC, Orlando bankruptcy lawyers offer more than 30 years of combined experience handling bankruptcy matters. Mr. Monroe is certified in consumer bankruptcy law by the American Board of Certification. The American Board of Certification is recognized by the American Bar Association, American Bankruptcy Institute and the Florida Bar Association. Cynthia Lewis is a certified public accountant.
The firm if you wish to discuss the life cycle of Chapter 7, a Chapter 13 or Chapter 11 bankruptcy so you know what to expect.
In order to file for Chapter 7 business or consumer bankruptcy, you must submit a two-page petition in the federal bankruptcy court as well as several schedules which list all of your assets, all of your debts and all of your financial transactions, as well as your income and expenses.
When you file, you can list all property you believe is exempt from liquidation. The information you provide throughout your bankruptcy petition and schedules must be accurate. You are required to sign, under penalty of perjury, that it is. Your documents may be reviewed by a judge, your creditors, the Chapter 7 trustee assigned to your case and the U.S. trustee's office. Typically, the filing fee for your petition costs around $299 (though this may be waived in certain situations).
In Chapter 13 bankruptcy, you must additionally submit a debt repayment plan for consideration by the court that includes all payments to secured creditors and any amount to be given to your unsecured creditors. This is called a Plan of Reorganization. Consequently, you must calculate how much disposable monthly income you have after paying for reasonable living expenses and other bills.
Your proposed repayment plan should reassure unsecured debt creditors that they will receive as much under your proposed Chapter 13 plan as if you had filed for Chapter 7 bankruptcy. You may be required to pay only a portion of what you owe to unsecured creditors over a three- to five-year period. There is a $275 filing fee for Chapter 13. If your repayment plan is accepted, you will make your plan payments to the Chapter 13 bankruptcy trustee. The trustee is responsible for dispersing funds to creditors.
Regardless of whether you file Chapter 7 or Chapter 13 bankruptcy, a month or so after you file for bankruptcy you will be required to attend a meeting with your assigned trustee and whichever of your creditors decide to attend. Referred to as "the 341 meeting," after the Bankruptcy Code that mandates it, you will be placed under oath so the trustee and your creditors can ask you questions. Although creditors usually don't appear, our attorneys accompany our clients to their 341 meetings to represent them during their testimony with both the trustee and any creditors who may attend.
For Chapter 7 bankruptcy, once the trustee indicates that your bankruptcy estate has been fully administered and there are no objections on file, the court will approve the discharge of your unsecured debt. Under Chapter 13, your debt repayment plan will go into effect and you will be expected to adhere to its payment schedule. Once you have successfully completed your payment plan, you will, in most instances, receive notice that any remaining unsecured debt has been discharged.
If you are having trouble paying off monthly bills and staying current on your mortgage, contact our bankruptcy attorneys today to get answers to your questions and discuss your situation during a free initial office consultation.


Books are powerful tools for communicating and sharing different cultures and world views. They also make excellent souvenirs and gifts.
We are also delighted to stock a wide range of quality children's books for the little people in your life.
Let us know if you have a book you'd like us to feature on this webpage.
Injalak Arts has produced three books in the last three years – two children's book and Injalak Hill Rock Art book. All are available from Provenance Arts.
Printed and launched at Provenance Arts in Darwin in July 2018, this book has been a few years in gestation but the wait was worth it. It's the idea companion for anyone going on the Injalak Hill Rock Art Tour being A5 in size with 44 pages in full color and detailed information about the history and context of the rock art on Injalak Hill.
Published in 2016 by Injalak Arts and launched alongside the collection of original artworks at Nomad Art in Darwin, this book has become a bestseller. Gabriel Maralngurra, co-founder of Injalak Arts and now also co-manager, created 14 beautiful original paintings that have been used as illustrations for the book. He also contributed to the text with knowledge and anecdotes about the different animals he had painted. The hardback rights have been acquired by Enchanted Lion and it is scheduled for publication in 2019.


After October 22, 2010, you'll no longer be able to buy new PCs with Windows XP installed.
We know you love Windows XP, and you're in good company. Millions of Windows XP users are fans of the operating system, and many depend on Windows XP to run earlier applications and hardware that is not compatible with Windows 7.
This means any major consumer software developer would be crazy to release a new product that does not support Windows XP or if they do, they kiss goodbye to more than 50% of potential customers.
There is still reason for XP lovers to rejoice. While you may no longer be able to buy computers with XP preinstalled from the big name PC manufactures, there are still small independent system builders would can create a computer with the latest hardware With an OEM or Retail version of Windows XP installed.


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Bahreliya, also called Barholia, Bahrauliya or Bahrela) is a rajput, found in and around the Barabanki district in the Indian state of Uttar Pradesh.

His lineage is - Sisodia, it is the descendant of Suryavanshi Rana Raja Brahm Singh Sisodia (Baram Bali Singh) of Marwar and some descendants of Trilokchandi Raja Bannar Shah Bais of Etawah who came to Taluka Surajpur Bahrela, they are called Bahrelia.

In Hijri 964 AD 1547, Maharaja Brahm Singh Sisodia (Baram Bali Singh) was ordered that Raja Awar Khan Adil Khan Jor Khan of Bahrela had refused to pay the goods, so he should be punished. Maharaja Brahm Singh Sisodia reached village Bahrela of Dariyabad district via Etawah Gohamunj, with him Trilokchand Bais Rajput Raja Bannar Shah from Etawah Gohamunj also came to his aid. and defeated and killed Avar Khan and his army. And Maharaja Brahm Singh Sisodia got 71 villages near Bahrela and Maharaja Brahm Singh Sisodia made his residence in Bahrela and established Surajpur state and made Surajpur his capital. Raja Bannar Shah Bais was also given 8 villages but he did not remain, in the 18th generation of Maharaja Brahm Singh Sisodia became Raja Gurdutt Singh (Raja Singh ji).

Raja Man Singh and the British Governor General's forces took Raja Singh ji hostage. And sent to Lucknow jail and the same Raja Singh was sentenced to death, after which Raja Singh ji's wife Rani Lekhraj Kunwar constructed Ramsnehi Ghat Chamirganj from Surajpur Bahrela and made her residence there. This property included fifty-six villages. Its owner was Udatt Pratap Singh, who had become the head of Bahreliya. But he was mentally and physically unfit to manage his property, but as long as his maternal grandfather, Udat Narayan, lived, there was no fear of betrayal of the family by under-owners, tenants or patwaris. After that Raja Mahipal Singh became the king of Hathonda, after his death his son Raja Prithvipal Singh Bahrelia Surajpur Bahrela became the king of Hathonda.

References

Rajput clans

redpajama_set_name: RedPajamaWikipedia


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(615)226-4236 sean@musiccityvisa.com
Attorney Sean Lewis
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Detained by ICE?
Chattanooga Location
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"Inside Trump's Secretive Immigration Court"
by Redacción | Jun 27, 2017
"Inside Trump's Secretive Immigration Court: Far from scrutiny and legal aid"
By: Oliver Laughland
"Behind two rows of high fencing and winding coils of razor wire, and surrounded by thick forest in central Louisiana, hundreds of miles from the nearest major city, stands a newly created court the Trump administration hopes will fast-track the removal of undocumented immigrants.
Hearings take place in five poky courtrooms behind reinforced grey doors where the public benches, scratched with graffiti, are completely empty. There is no natural light. The hallways are lined with detainees in yellow jumpsuits awaiting their turn before a judge. The five sitting judges were quietly flown in by the US justice department from cities across the United States and will be rotated again within two weeks.
This is the LaSalle detention facility that, since March this year, has been holding removal proceedings for hundreds of detained migrants in courtrooms adjoining a private detention center, which incarcerates more than 1,100 men and women and has the highest number of prisoner deaths of any in America over the past two years.
The new setup is part of Donald Trump's attempts to ramp up deportations by vastly expanding the arrest powers of federal immigration enforcement and prioritizing more vulnerable groups of detained migrants in new court locations around the country. It has received little scrutiny since its introduction following a presidential order in January, and the Guardian is the first news organization to observe proceedings here.
Inside courtroom No 2, during proceedings last Wednesday, Judge Arwen Swink, who usually sits in San Francisco, presided over a crowded morning docket. In an indication of the hastily arranged nature of the setup, the judge's name was printed out on a piece of paper and stuck to a door behind her, the courtroom also functioning as a makeshift office, complete with a photocopier and in-trays attached to the wall.
Marcos Ramirez Jr, sat alone before the judge, listening through a headset as a translator interpreted proceedings in Spanish. The court heard how the Guatemalan national had lived in America for almost four decades after crossing the border into the US in 1980. He had been with his wife in Alabama for 15 years and had no criminal history.
In April, Ramirez was apprehended by law enforcement for allegedly driving recklessly and without a license. The charges were enough to see him transferred to immigration detention. At a hearing earlier in May, he had been offered a bond of $7,000 but told the court on Wednesday he had no ability to pay it.
"It has been two weeks since I heard from my wife," he said, his head cradled in his hands. "She has stage three cancer." Ramirez had no idea if she was now in hospital or, by extension, whether she was alive or dead.
As things stood, without the money to pay for his bond, he would remain in detention until his full hearing, known as a merits hearing, where his chance of being ordered to be deported was much higher than if he had been released on bond and gone to trial at another non-detained court, according to studies of official data.
This building is operated by the Department of Homeland Security (DHS) and had never functioned as a court. Before March, the five rooms were used for video conferencing, allowing detainees to appear via video-link in preliminary hearings at an established immigration court (that now technically administers the court at LaSalle) in the small city of Oakdale 90 miles away.
Lawyers and advocates say the new system increases the risk of due-process violations as cases move more rapidly through the system, at a remote venue that already has the lowest rate of legal representation for detainees in the US. The union representing immigration judges, meanwhile, argues that reassigning judges from around the US where courts are already chronically overburdened is simply a waste of resources.
The justice department's executive office for immigration review (EOIR), which administers America's immigration courts, declined to respond to a list of detailed questions about the new court.
The Guardian was also prevented from viewing the LaSalle court's public docket, which had previously been printed out and displayed outside the courtrooms but removed on the day of the visit. The Guardian was instructed by a court officer, employed by private security firm GEO Group, that court clerks and administrative staff – public employees – would not take any questions for clarification. This meant that basic fact-checking, including the spelling of detainees' names, could not always be completed.
Deportation without representation
In a number of ways, Ramirez's story was typical of many of the 43 cases brought before judges that day.
Numerous hearings observed by the Guardian last Wednesday involved people who had been apprehended by law enforcement after allegedly committing minor traffic offenses. One individual, Osmani Radiya, appearing before Judge Patrick Savage, also on detail from San Francisco, had been arrested after accidentally reversing into a parked van allegedly under the influence. The father of three, two of his children US citizens, had no driver's license or insurance documents and wound up in detention facing deportation.
Another, 21-year-old Diego Garcia, who appeared before Judge Margaret McManus (detailed from New York), had been picked up in Arkansas after driving without a license and providing a false name to police. "I'd like to apologize for what happened, it won't happen again," Garcia told the court. Both men were granted bond.
In the Trump administration's first 100 days the number of immigration arrests have soared, with the sharpest increase among those with no criminal record. The LaSalle detention facility, which holds both men and women, serves as a major hub for arrestees from many of the southern states.
Paul Scott, an immigration attorney who has represented clients detained at LaSalle for nine years, characterized the new system as "taking a large mallet and trying to hit a small nail".
"This fast-track system is now being backed up by less dangerous people who actually might have stronger cases [for relief from removal]," he said. "It's not a very smart or precise plan."
While the administration may have ramped up arrests, the number of people it has actually been able to deport has remained relatively consistent with the past two years of the Obama administration.
But Ramirez's case was also typical in another manner: he had no lawyer representing him.
Jeremy Jong, a pro-bono attorney who previously worked at the detention center. 'Time and time again, you hear from your clients that conditions there are horrible and brutal.' Photograph: Oliver Laughland for the Guardian
In US immigration courts, respondents have no right to a public attorney as the proceedings are administrative, not criminal. Those without representation, recent statistical analysis shows, are far more likely to be removed from the US than comparable cases where a lawyer is assigned.
According to data gathered by the Southern Poverty Law Center, only 6% of detained immigrants brought to the Oakdale court between 2007 and 2012 (which during this period heard cases from LaSalle) had attorneys. This marked the joint lowest rate of representation at any immigration court in the US.
Just a handful of private lawyers like Scott currently serve clients in the LaSalle detention facility and some argue that the creation of the new court, coupled with the recent mothballing of the only pro-bono legal service working with LaSalle detainees, could mean the rate of representation is now lower than it was before.
Scott, who practices in the city of Baton Rouge more than 150 miles away, said in many cases under the new setup, detainees have been brought into proceedings within two days of their arrival at the detention center, making it almost impossible to receive advice from an attorney.
"Of course, nobody wants to be detained longer than they need to be, but before, in the Oakdale court, they might have had maybe 10 days or so [before a first appearance], which gave their family time to find a lawyer and intervene on their behalf. Now, sometimes, their family members don't have time to find a lawyer for them because they don't even know where they are being held."
As a result, Scott said he had more frequently come into contact with potential clients who had already abandoned their case before obtaining legal advice. In many instances the individuals would have been eligible for bond but were deported instead after revoking their rights to fight in court.
On Wednesday, a number of detainees in preliminary hearings, known as master calendars, complained to judges they had not been given enough time find a lawyer.
In one hearing before Judge Savage, a detainee said he was not even aware if he had an attorney. "I called all the pro-bono ones but couldn't get through," he said. Adding: "I am afraid to go back to Mexico." His merits hearing was then set for 19 June – just 20 days away. He was asked to complete an asylum application, which often take months, in that time.
'I'm not sure how things work'
There are also structural issues in the LaSalle court that have led to due-process concerns affecting even those who have lawyers.
Philip Hunter, a trial attorney from Scott's firm, was the only defense counsel physically present in the court at any point during the day on Wednesday. Dressed in a sharp navy suit and clutching a file bursting with papers, the 26-year-old visits the facility once a week.
Lawyer Philip Hunter outside the LaSalle detention facility. Photograph: Oliver Laughland for the Guardian
The new court, he said, is fraught with technical flaws that make it tougher to act on behalf of clients and to ensure smooth running of the judicial process: broken fax lines make it hard to send and receive documents, teleconferencing systems often fail when a lawyer is patched in remotely, and there are chronic difficulties contacting prosecutors who have no direct phones lines at the new venue.
In two cases observed by the Guardian on Wednesday, individuals claimed to have paid their bonds days ago – meaning they should already have been released from detention – but had not had their money accepted into the system.
"I'm not sure how things work at LaSalle," Judge Savage conceded as a DHS prosecutor was forced to admit she too did not know what was going on. (Government lawyers, like judges, have also been detailed from other locations.)
Hunter said it appeared that government attorneys were now briefed with fighting cases more aggressively than they ever had been before, contesting bonds, pursuing shorter timeframes between hearings. "They fight everything now," he said.
But perhaps the most fundamental issue is the constant rotation of judges. Cases here are rarely, if ever, heard by the same judge through to conclusion – meaning judges are not well versed in the individuals before them as proceedings begin. The rotating jurists also operate from different case law precedents.
As a result, the behavior of the new court is harder to predict, making preparation more difficult. On some occasions judges flown in from non-detained courts approve bond for clients that Hunter would never have expected. In others, the reverse occurs.
"It's a tossup," said Hunter. "Every time you go to court there's a new judge. You don't know what they're going to do because you've never had them before and you don't know who they are until you turn up in court."
It's just really stressful. This is my whole life
Carlos Vargas, detainee at LaSalle
EOIR did not respond to questions about any of the due-process concerns or technical issues at LaSalle. The department also declined to answer questions over how many cases had been heard by judges at LaSalle, which other locations judges had been flown in from, and how long the court was due to stay open. But the Guardian understands that the venue will remain open until at least August and that judges from a variety of other cities, including Houston, Los Angeles, Atlanta and Arlington, have been flown into the facility so far.
Dana Leigh Marks, president of the National Association of Immigration Judges, shared some of the due-process concerns articulated by lawyers operating at LaSalle, describing the conditions as "extremely challenging" for detailed judges.
But the union is also frustrated that judges from courts that are already massively overburdened are being pulled away from their own dockets to serve in LaSalle and other venues where the backlog is tiny in comparison.
US Immigration courts are currently experiencing the highest buildup of cases on record. According to statistics published by Syracuse University's Transactional Records Access Clearinghouse there are almost 600,000 pending cases before immigration judges across the US. The immigration court in New York, where judge McManus was flown from, has over 77,000 pending cases. In San Francisco, where judges Swink, Savage and Dalin Holyoak – another judge detailed to LaSalle on Wednesday – are from, the average wait time is 1,113 days, meaning that some hearings are being scheduled for July 2022. In contrast, the average wait time at LaSalle is now 46 days, substantially less than last year.
Marks added that the justice department has been less than forthcoming with information about which newly created courts – referred to by the union as "executive order courts" – are still receiving detailed judges.
"The program has been rolled out in a manner that has not provided a lot of access to information," she said.
Recently, the justice department ended judge details at two family detention centres in south Texas, conceding that the dockets were too small to justify their presence. The Guardian has established that four judges are still being rotated to another remote detention facility, the Otero County processing center in New Mexico. The venue had never operated courts before and immigration lawyers there articulated many of the same due-process concerns as those at LaSalle. A newly created court for detainees in Chicago is also holding hearings.
'Everyone is getting sick'
The LaSalle facility has long been associated with poor standards of care and detainees regularly reported substandard medical attention to researchers at the Southern Poverty Law Center.
Stood in the corridor outside the courtrooms, bathed in intense artificial light, 26 year-old Carlos Vargas dreaded his return to the facility. The Honduran, a client of Hunter's, was one of those picked up in what he described as a "bullshit traffic stop" in Alabama. He said he was on a wing of the facility with 100 people sharing just three toilets. The food, he said, "is disgusting … everyone is getting sick".
"It's just really stressful. This is my whole life."
Vargas's experiences are not uncommon, according Jeremy Jong, an immigration attorney who up until recently worked on the only pro-bono legal program servicing the detention center.
"Time and time again, you hear from your clients that conditions there are horrible and brutal," Jong said. "Detention there drives a lot of people crazy, to the point where a lot of people would rather go [back] to a place that they know is dangerous, where they have no family, where they might be tortured."
Ice spokesman Thomas Byrd said the facility was subject to regular inspections and "has repeatedly been found to operate in compliance with Ice's rigorous detention standards". Ice was not able to comment on Vargas's individual allegations.
Back in courtroom number two, Judge Swink suggested Marcos Ramirez Jr may be eligible to complete a 42B form, which could cancel the removal proceedings against him if he were able to prove "good moral character", given he had no prior convictions.
Ramirez, however, felt he was simply unable to carry on pursuing his case. "I just can't stand being incarcerated anymore," he told the court in softly spoken Spanish. "Can I please just have my deportation?"
There was a moment's silence as Judge Swink weighed up the options. Ramirez stared towards the floor.
The Guatemalan was eventually granted voluntary departure, meaning he would have to leave the US within 20 days but would not have a deportation recorded on his record.
It was a small blessing. He stood from the chair, smiled at the judge and was escorted out of the room. The court broke for lunch."
Link to article: https://www.theguardian.com/us-news/2017/jun/07/donald-trump-immigration-court-deportation-lasalle
All pictures owned by Oliver Laughland
**LAW OFFICE OF SEAN LEWIS DOES NOT OWN THIS ARTICLE; UPLOADED FOR YOUR ENTERTAINMENT. SPECIAL THANKS TO OLIVER LAUGHLAND**
NEW IMMIGRATION RULE ALLOWS CERTAIN PEOPLE TO OBTAIN LEGAL STATUS
by Redacción | Aug 17, 2016
By Sean Lewis, Esq.
Immigration Attorney, Nashville, TN
Music City Visa
615-226-4236 (615-ABO-GADO)
On August 29, 2016 new rules come into place expanding who can apply for provisional waivers inside the United States. This will affect thousands of people in the United States and you could be one of them!
Who needs a waiver?
People who have accumulated between 180 days but less than a year of unlawful presence in the United States will obtain a 3 year bar from reentering the country. If an individual has accumulated over 1 year of unlawful presence in the United States, they will be barred from re-entering the country for 10 years. This provisional waiver allows immigrants to apply for a pardon of the 3 and 10 year bar while still inside the United States, minimizing the amount of time that they would have to spend in their home countries.
Who is eligible to apply for a provisional waiver inside the United States?
Anyone who is eligible for an unlawful presence waiver, as long as they have a U.S. Citizen or Legal Permanent Resident spouse, parent or child and can prove that such relative would endure "extreme hardship" if denied.
This means anyone who is eligible for an immigrant visa, whether that is family or employer sponsored or a Diversity Visa, however, the applicant must be able to prove hardship to a US Citizen or Legal Permanent Resident spouse, parent or child.
An example of who would be eligible are spouses, children or parents of US Citizens or Legal Permanent Residents.
What if I'm eligible to apply for a provisional waiver: What do I have to do?
If you meet the criteria for applying for a provisional waiver, you must be able to prove that the denial of the provisional waiver would cause an extreme amount of hardship to a U.S. Citizen or Legal Permanent Resident spouse or parent and that your case warrants a favorable outcome. You must also be willing to provide your biometrics to USCIS for a background check.
Before you are allowed to fill out a provisional waiver from inside the United States, you must have: 1) A case pending with the Department of State based on either an approved immigrant visa (the Department of State fee must have been paid) or 2) be selected to receive a Diversity Visa.
What happens if I have a removal or deportation order?
Before you are able to apply for a provisional waiver under this new rule, you would have to have submitted and gotten approved a I-212 form, which is an application for consent to reapply for admission. The approval of an I-212 will be conditionally approvable-meaning approved before leaving the U.S.
Who is ineligible to apply for a provisional waiver?
Anyone under the age of 17
Those who do not have an already pending case with the Department of State (For an Immigrant Visa)
Those currently in removal proceedings. If your case has been Administratively Closed, you would be eligible to apply for a provisional waiver but would have to terminate proceedings before proceeding abroad.
Applicants with a final order of removal, however, you are able to file an I-212 form before leaving the U.S. in order to become available for the provisional waiver.
Those with a permanent bar having returned to the U.S. after a final order of removal and CBP or ICE reinstated such order.
What happens after your provisional waiver is approved?
Once your provisional waiver is granted you will have to return to your home country for a brief period of time to conduct your interview for the immigrant visa with the consular office.
I still have to return to my home country, Why is this a big deal?
This waiver allows you to significantly decrease the amount of time you would have to spend in your home country and away from your loved ones in the United States.
IMPORTANT!! It's important to specify that this provisional waiver only applies to certain bars of admissibility. Specifically the unlawful presence bar. You might be granted this waiver, but if you are ineligible due to other ground of inadmissibility they can revoke it. This is why it's important to tell your lawyer all of your information and immigration history. Meeting the extreme hardship requirement requires the professional experience of a licensed immigration attorney.
© 2016 Sean Lewis
Double-penalty on immigrants convicted or charged with crime
by Redacción | Jan 5, 2016
U.S. Immigration Laws impose a double-penalty on immigrants convicted or charged with crime. The laws are strict and cause automatic deportation in many cases. Criminal defense attorneys are required to know the deportation consequences and advise their clients about them, but that rarely happens in practice. Immigration attorneys often have to ask the criminal courts to re-open convictions in order to save their clients from deportation. In cases involving refugees, deportation be a sentence of death.
Nashville, Tennessee Immigration Attorney Sean Lewis understands that many people from other countries fail to understand that once they have complied with probation, and even have had their cases expunged, they are facing secondary punishment by the federal government. The case of Sawng Hing is one example of how deportation consequences can follow even when a person followed the advice of an attorney and does everything the state has asked her to do, including completing probation. Remember that the easy deal offered by the prosecutor in a criminal case could lead to the biggest disaster in a life one could ever experience.
Call the Immigration Law Offices of Sean Lewis if you are faced with a criminal case and are not a U.S. Citizen. 615-226-4236 (615-ABO-GADO).
Nashville Immigration Lawyer Gets Results for #1 Australian Country Star 8 Ball Aitken!
by Abogado Sean | May 12, 2014
Lana New United States Citizen from Vietnam
by Abogado Sean | Aug 17, 2012
Lana moved to the United States six years ago from Vietnam and is now a Citizen in the United States. Mr. Lewis worked hard to help her through the process.
Residence thru a family member
New Law in TN: Frequent Asked Questions
Immigration Attorney in Nashville, Sean Lewis Interviews Judge Sheila Calloway
Her father was detained & had an Immigration hold
Happy Holidays from Immigration Attorney Sean Lewis and Team
abogado de inmigración
Immigration Attorney Blog in Tennessee
Knoxville Immigration Lawyer
Latest Immigration News in Tennessee
Memphis Immigration Lawyer News
Nashville Immigration Lawyer
This site is owned by The Law Offices of Sean Lewis, PLLC. and is maintained by them.
The content on this site is offered only as a public service to the web community and does not constitute solicitation or provision of legal advice. Neither the transmission of the information contained on this site nor your use of the information or communication with The Law Offices of Sean Lewis, PLLC creates an attorney-client relationship between you and The Law Offices of Sean Lewis, PLLC.This site should not be used as a substitute for obtaining legal advice from an attorney licensed or authorized to practice in your jurisdiction. You should always consult a suitably qualified attorney regarding any specific legal problem or matter. The comments and opinions expressed on this site are of the individual author and may not reflect the opinions of the firm or any individual attorney. Nothing on this site is intended to create an attorney-client relationship and nothing posted constitutes legal advice. No information communicated to The Law Offices of Sean Lewis, PLLC through this site will be protected by either the attorney-client privilege or the work product doctrine. Not licensed in Texas, or any other state not listed in the attorney's information. More…
Law Offices of Sean Lewis, PLLC
5010 Linbar Drive, Ste. 169
Click for Directions/Map
Law Offices of Sean Lewis, PLLC/Music City Visa
Regus Office Building
13727 Noel Road, Tower 2 – Suite 200
* Sean Lewis is licensed to practice law by the state of Tennessee and his practice in Texas is exclusively for Immigration and Nationality law. In TX, Sean Lewis is only available with prior appointment.
Peabody Place Executive Center 119 Main Street, Suite 500
Law Offices of Sean Lewis,PLLC
200 W M L King Blvd #1000
200 Prosperity Road
Law Offices of Sean Lewis (615)226-4236 5010 Linbar Dr.Suite 169 Nashville, TN 37211


text:
Olympia és una pintura a l'oli realitzada per Édouard Manet el 1863 i actualment pertany al museu d'Orsay de París.

Després del clamor provocat per El dinar campestre, Manet va esperar dos anys abans de sotmetre Olympia al judici del públic; el quadre va ser acceptat al Saló de 1865, però la reacció general fou encara més violenta. «Una dona goril·la», va comentar amb burla un crític. «La dama de piques sortint del bany», va assenyalar un altre. En realitat, el principi inspirador del quadre era anàleg al de El dinar campestre; en aquest cas Manet va prendre com a referència per a la seva creació La Venus d'Urbino, de Ticià, de la que havia fet una còpia en la seva joventut durant una estada a Florència, i la va transformar en actual utilitzant com a model Victorine Meurent, que havia posat també per a El dinar campestre.

Elements formals o característiques

 A l'escena es veu una dona nua que mira directa i provocativament als espectadors. És contrastada, juntament amb els llençols i els coixins, pel fons fosc ressaltant així l'atmosfera d'íntima sensualitat. En segon pla es veu una dona negra portant un ram de flors amb el rostre gairebé imperceptible sobre el fons fosc, que contrasta amb els tons clars de la seva vestimenta oriental.
 Igual que a El berenar campestre, destaca el contrast de colors: la claredat de les teles del divan i la pell nua, d'una banda, i el fons fosc amb cortinatges verds, de l'altra.
 La il·luminació que utilitza Manet en l'obra també és semblant a la de El berenar campestre, amb una potent llum frontal que il·lumina al personatge principal, que no admet ombres.
 Les persones estan disposades al quadre triangularment (la dona nua ajaguda i la dona negra plantada) utilitzant com a base dels triangles el llit. El quadre està partit per la meitat amb una línia vertical daurada en segon pla que separa a les dues dones.
 L'equilibri de l'obra està en la diagonal que va de la cantonada superior esquerra fins a la cantonada inferior dreta; la diagonal crea una harmonia entre la part inferior, que està il·luminada, i la part superior, que és fosca. A més, la dona negra, amb el ram de flors i el seu vestit, evita que hi hagi una brusca separació de colors. El punt de fuga és la mà de la dona nua ajaguda al llit. Va ser precisament aquesta transposició moderna el principal motiu d'escàndol; els visitants del Saló estaven acostumats a veure nus de divinitats o figures al·legòriques, però el quadre de Manet era massa realista, i el mateix títol -Olympia era el nom donat a les prostitutes a les novel·les de l'època- no deixava dubtes sobre la professió de la dona. A més, darrere del divan una serventa sosté un ram de flors, el regal que els clients oferien a les prostitutes d'elevada categoria.

Referències

 Los siglos del Arte. El siglo XIX. Ed. Random House Mondadori.

Vegeu també
 Je-ne-baise-plus

Quadres d'Édouard Manet
Quadres al Museu d'Orsay
Obres del 1863
Obres pictòriques de la dècada del 1860


Today I want to share a great andriod game that name is Solar Realms Rising VR (latest version) Andriod Game.
Install the Solar Realms Rising VR.apk and place the "com.scarpelli.spacevr" folder in sdcard/Android/obbacted folder.
This article is written by Bobylov. Please leave comment if the link is broken. Thank you!
Related Post "Solar Realms Rising VR"
Offered By Science Mobile, LLC.


Welcome! My name is Peggy and I am a graphic designer in NYC. Most of my work has been in the entertainment industry and advertising, but I love branching out.
I bike this city as often as I can. Its definitely one of my favorite things to do.
Enjoy looking around my site. Lots of layout and design projects to see. Click the last tab on the upper right hand corner to view my blog.
And for something completely random, you can watch a video of me getting assaulted by a penguin. Don't worry, it didn't hurt a bit!


text:
Tagged 'TLS'
Articles Tagged 'TLS'
SUN-AIR starts new sector between Germany and France
SUN-AIR starts its first international route not involving its home market – Bremen to Toulouse.
Budapest Airport sees Portuguese expansion with Ryanair
Budapest Airport welcomes the announcement that Ryanair will commence two further new routes during W19/20, as the Irish ultra-low-cost carrier confirms it will launch links to Lisbon and Porto, becoming the airline's 43rd and 44th routes from the Hungarian gateway.
TUI Airways adds long-haul connections to Malaysia and Thailand
Tui Airways adds 10 new routes including links to Langkawi, Malaysia and Utapao, Thailand.
easyJet adds 19 new routes from 11 different bases
easyJet launches 19 new routes during first weekend of W18/19 season – includes Warsaw return.
Ryanair to launch French bases at Bordeaux and Marseille in S19; anna.aero's predictions prove correct
In January, Ryanair indicated that France was foremost in its thoughts for potential new operating bases and anna.aero predicted the four French airports most likely to host a hub. On 27 September the ULCC confirmed that two of these airports, Bordeaux and Marseille, will become bases in time for S19.
30-Second Interview – Paul Winfield, Director of Aviation Development and Marketing, Liverpool Airport
A few weeks ago anna.aero's Assistant Editor Jonathan Ford sat down for a chat with Liverpool Airport's Director of Aviation Development and Marketing Paul Winfield. In the meeting the two discussed recent route launches and upcoming announcements, plus the airport's strategy for the coming years.
Paris traffic climbed 2.8% during H1 2018; 19.56 million more passengers than in 2009; Norwegian becoming a major player
Paris is served by Beauvais, CDG and Orly airports, with the three processing 105.16 million passengers in 2017, up 23% versus 2009. Jonathan Ford highlights which airports are reporting the biggest net gain in passengers, the top destinations, plus the growth patterns of the French capital's leading airlines.
easyJet's Nice operation doubles in size between 2008 and 2018; has a 27% market share of all seats; Tenerife South next new destination
One of easyJet's first non-UK destinations was Nice, an airport it started serving in 1996. This summer the airline is offering 38 destinations from the French Riviera hub, with a 39th service launching in September. Jonathan Ford looks at the carrier's developments from its 12th biggest airport operation this summer.
Toulouse Airport welcomed 9.26 million passengers in 2017; easyJet is the top carrier this summer, while Paris is the leading destination
Toulouse welcomed 9.26 million passengers through its terminal in 2017, a 15% increase on the previous year. Nick Preston examines the recent traffic and capacity trends at an airport which is at the heart of France's aerospace industry, including its leading airlines, routes and country markets.
There were 15.37 million two-way seats on offer between the UK and France in 2017, a 4.4% increase on the previous year. The European country pair has now enjoyed four consecutive years of growth. Nick Preston examines this mature market's leading trends, including the top airlines, airports and routes.
FIFA World Cup 2018 winner predictions versus anna.aero odds; England-France final predicted
With only eight teams left in the 2018 FIFA World Cup, anna.aero thought it would be fun to have a look to see which countries are best paired, and if airport rankings have any correlation whatsoever to FIFA's rankings. Jonathan Ford explores the possibilities of the potential World Cup order in more detail and predicts […]
easyJet starts 16 routes and adds two new airports to its network
easyJet starts new services from bases in France, Germany, Italy, Switzerland and the UK.


text:
package me.tipi.kiosk.ui;

import android.Manifest;
import android.annotation.TargetApi;
import android.content.Context;
import android.content.Intent;
import android.content.SharedPreferences;
import android.content.pm.PackageManager;
import android.graphics.Rect;
import android.net.Uri;
import android.os.Build;
import android.os.Bundle;
import android.preference.PreferenceManager;
import android.support.annotation.NonNull;
import android.support.design.widget.Snackbar;
import android.support.v4.app.ActivityCompat;
import android.support.v4.content.ContextCompat;
import android.support.v7.app.AppCompatActivity;
import android.view.MotionEvent;
import android.view.View;
import android.view.WindowManager;
import android.view.inputmethod.InputMethodManager;
import android.widget.EditText;
import android.widget.Toast;

import com.afollestad.materialdialogs.MaterialDialog;
import com.drivemode.android.typeface.TypefaceHelper;
import com.f2prateek.rx.preferences.Preference;
import com.google.android.gms.analytics.HitBuilders;
import com.google.android.gms.analytics.Tracker;

import javax.inject.Inject;
import javax.inject.Named;

import butterknife.ButterKnife;
import me.tipi.kiosk.KioskService;
import me.tipi.kiosk.R;
import me.tipi.kiosk.KioskApp;
import me.tipi.kiosk.data.PrinterPreference;
import me.tipi.kiosk.data.api.ApiConstants;
import me.tipi.kiosk.data.api.AuthenticationService;
import me.tipi.kiosk.data.api.models.LoginRequest;
import me.tipi.kiosk.data.api.models.LoginResponse;
import me.tipi.kiosk.ui.fragments.LoginFragment;
import retrofit.Callback;
import retrofit.RetrofitError;
import retrofit.client.Response;
import timber.log.Timber;

public class MainActivity extends AppCompatActivity {

  @Inject AuthenticationService authenticationService;
  @Inject PrinterPreference printerPreference;
  @Inject
  @Named(ApiConstants.USER_NAME)
  Preference<String> username;
  @Inject
  @Named(ApiConstants.PASSWORD)
  Preference<String> password;
  @Inject
  @Named(ApiConstants.HOSTEL_NAME)
  Preference<String> hostelName;
  @Inject
  @Named(ApiConstants.HOSTEL_KEY)
  Preference<String> hostelKey;

  @Inject AppContainer appContainer;
  @Inject Tracker tracker;
  @Inject TypefaceHelper typeface;

  private MaterialDialog loading;
  private static final int PERMISSION_REQUEST_CODE = 8000;
  private static final int CAMERA_GALLERY_PERMISSIONS_REQUEST = 9000;

  @Override
  protected void onCreate(Bundle savedInstanceState) {
    super.onCreate(savedInstanceState);
    setContentView(R.layout.activity_main);
    getWindow().addFlags(WindowManager.LayoutParams.FLAG_KEEP_SCREEN_ON);
    ButterKnife.bind(this);
    KioskApp.get(this).inject(this);
    typeface.setTypeface(this, "SF-UI-Text-Regular.otf");
    printerPreference.set(false);
    loading = new MaterialDialog.Builder(this)
        .content("Loading")
        .cancelable(false)
        .progress(true, 0)
        .build();

    SharedPreferences sp = PreferenceManager.getDefaultSharedPreferences(this);
    sp.edit().putBoolean(KioskService.PREF_KIOSK_MODE, false).apply();

    if (!checkWriteStoragePermission()) {
      requestWriteStoragePermission();
    }

    if (username.isSet() && password.isSet()) {
      this.login();
    } else {
      showLoginFragment();
    }

    Timber.d("Created");
  }

  @Override protected void onResume() {
    super.onResume();
    Timber.d("Resumed");
    tracker.setScreenName(getResources().getString(R.string.hostel_login));
    tracker.send(new HitBuilders.ScreenViewBuilder().build());
  }

  @Override protected void onPause() {
    super.onPause();
    Timber.d("Paused");
  }

  @TargetApi(Build.VERSION_CODES.M)
  private boolean checkWriteStoragePermission() {
    return ContextCompat.checkSelfPermission(this,
        Manifest.permission.WRITE_EXTERNAL_STORAGE) == PackageManager.PERMISSION_GRANTED;
  }

  private void requestWriteStoragePermission() {
    if (!ActivityCompat.shouldShowRequestPermissionRationale(this, Manifest.permission.WRITE_EXTERNAL_STORAGE)) {
      ActivityCompat.requestPermissions(this, new String[]{Manifest.permission.WRITE_EXTERNAL_STORAGE}, PERMISSION_REQUEST_CODE);
    }
  }

  @Override
  public void onRequestPermissionsResult(int permsRequestCode, @NonNull String[] permissions, @NonNull int[] grantResults) {
    switch (permsRequestCode) {
      case 8000:
        boolean writeAccepted = grantResults[0] == PackageManager.PERMISSION_GRANTED;
        getPermissionToOpenCameraAndGalley();
        break;
    }

    // Make sure it's our original READ_CONTACTS request
    if (permsRequestCode == CAMERA_GALLERY_PERMISSIONS_REQUEST) {
      if (grantResults.length == 2 &&
          grantResults[0] == PackageManager.PERMISSION_GRANTED && grantResults[1] == PackageManager.PERMISSION_GRANTED) {
        Timber.v("Camera Permission Granted");
      } else {
        Toast.makeText(MainActivity.this, "Sorry you can't use this app without permission", Toast.LENGTH_LONG).show();
        Timber.w("Camera permission denied");
      }
    } else {
      super.onRequestPermissionsResult(permsRequestCode, permissions, grantResults);
    }

  }

  /**
   * Gets permission to open camera and galley.
   */
// Called when the user is performing an action which requires the app to show camera
  @TargetApi(Build.VERSION_CODES.M)
  public void getPermissionToOpenCameraAndGalley() {
    // 1) Use the support library version ContextCompat.checkSelfPermission(...) to avoid
    // checking the build version since Context.checkSelfPermission(...) is only available
    // in Marshmallow
    // 2) Always check for permission (even if permission has already been granted)
    // since the user can revoke permissions at any time through Settings
    if (ContextCompat.checkSelfPermission(this, Manifest.permission.CAMERA)
        != PackageManager.PERMISSION_GRANTED) {

      // The permission is NOT already granted.
      // Check if the user has been asked about this permission already and denied
      // it. If so, we want to give more explanation about why the permission is needed.
      if (shouldShowRequestPermissionRationale(
          Manifest.permission.CAMERA)) {
        // Show our own UI to explain to the user why we need to read the contacts
        // before actually requesting the permission and showing the default UI
        Timber.d("Should ask again for permission");
      }

      // Fire off an async request to actually get the permission
      // This will show the standard permission request dialog UI
      requestPermissions(new String[]{Manifest.permission.CAMERA, Manifest.permission.READ_EXTERNAL_STORAGE},
          CAMERA_GALLERY_PERMISSIONS_REQUEST);
    }
  }

  @Override public boolean dispatchTouchEvent(MotionEvent ev) {
    View view = getCurrentFocus();

    int x = (int) ev.getX();
    int y = (int) ev.getY();

    if (view instanceof EditText) {
      EditText innerView = (EditText) getCurrentFocus();

      if (ev.getAction() == MotionEvent.ACTION_UP &&
          !getLocationOnScreen(innerView).contains(x, y)) {

        InputMethodManager input = (InputMethodManager)
            getSystemService(Context.INPUT_METHOD_SERVICE);
        input.hideSoftInputFromWindow(view.getWindowToken(), 0);
      }
    }
    return super.dispatchTouchEvent(ev);
  }

  protected Rect getLocationOnScreen(EditText mEditText) {
    Rect mRect = new Rect();
    int[] location = new int[2];

    mEditText.getLocationOnScreen(location);

    mRect.left = location[0];
    mRect.top = location[1];
    mRect.right = location[0] + mEditText.getWidth();
    mRect.bottom = location[1] + mEditText.getHeight();

    return mRect;
  }

  /**
   * Show login fragment.
   */
  private void showLoginFragment() {
    getFragmentManager().beginTransaction()
        .replace(R.id.container, LoginFragment.newInstance(this)).commit();
  }

  /**
   * Login.
   */
  public void login() {
    loading.show();
    authenticationService.login(new LoginRequest(username.get(), password.get()), new Callback<LoginResponse>() {
      @Override public void success(LoginResponse response, Response response2) {
        loading.dismiss();
        Timber.d("LoggedIn");
        hostelName.set(response.data.name);
        hostelKey.set(response.data.doc_key);

        tracker.send(new HitBuilders.TimingBuilder("Login", "Logged In", System.currentTimeMillis()).build());

        startActivity(new Intent(MainActivity.this, SignUpActivity.class));
        finish();
      }

      @Override public void failure(RetrofitError error) {
        loading.dismiss();
        showLoginFragment();

        if (error.getResponse() != null && error.getResponse().getStatus() == 504) {
          Snackbar.make(appContainer.bind(MainActivity.this), R.string.no_connection, Snackbar.LENGTH_LONG).show();
          return;
        }

        if (error.getResponse() != null && error.getResponse().getStatus() == 401) {
          Snackbar.make(appContainer.bind(MainActivity.this), R.string.enter_correct_email_password, Snackbar.LENGTH_LONG).show();
          Timber.w("Error Logging in with user: %s and password %s", username.get(), password.get());
          return;
        }

        Snackbar.make(appContainer.bind(MainActivity.this), R.string.something_wrong_try_again, Snackbar.LENGTH_LONG).show();
        Timber.w(error.getMessage());
      }
    });
  }

  public void forgetPassword(View view) {
    Intent browserIntent = new Intent(Intent.ACTION_VIEW, Uri.parse("http://dashboard.tipi.me/#/forgot"));
    startActivity(browserIntent);
  }
}

redpajama_set_name: RedPajamaGithub


text:
Filmstars
TV Stars
Sports Stars
Diet Dictionary
HomeStatisticsDirector/ProducerJulie Delpy Height, Weight, Age, Body Statistics
Julie Delpy Height, Weight, Age, Body Statistics
Julie Delpy Quick Info
Height 5 ft 7 in
Date of Birth December 21, 1969
Spouse Dimitris Birbilis
Julie Delpy is a French-American actress, film director, screenwriter, singer, and songwriter who is best known for starring as Céline in the Before trilogy of films – Before Sunrise (1995), Before Sunset (2004), and Before Midnight (2013). She is also well recognized for her work in films such as Europa Europa (1990), Voyager (1991), An American Werewolf in Paris (1997), 2 Days in Paris (2007), and 2 Days in New York (2012). For her work in Before Sunset (2004), she won the Empire Award for 'Best Actress' and the San Francisco Film Critics Circle Award for 'Best Actress'. Julie has written, directed, produced, and composed music for several films and was nominated for an Academy Award in the category of 'Best Adapted Screenplay' for both Before Sunset (2004) and Before Midnight (2013). She won the Prix Jacques Prévert du Scénario award for 'Best Original Screenplay' for 2 Days in Paris (2007). As a singer, she released a self-titled album in 2003, 3 tracks from which were featured in the film Before Sunset (2004).
Born Name
Julie Delpy as seen in an Instagram Post in October 2014 (Julie Delpy / Instagram)
Born Place
She splits her time between Paris, France, and Los Angeles, California, United States.
She holds dual nationality.
Julie had studied filmmaking at New York University's Tisch School of the Arts.
Actress, Film Director, Screenwriter, Singer, Songwriter
Julie Delpy as seen in an Instagram Post in April 2018 (Julie Delpy / Instagram)
Father – Albert Delpy (Actor, Writer, Director)
Mother – Marie Pillet (Actress) (d. 2009)
Pop-Folk, Folk-Rock, Slowcore
PIAS France
5 ft 7 in or 170 cm
59 kg or 130 lbs
Julie Delpy in an Instagram selfie from September 2019 (Julie Delpy / Instagram)
Boyfriend / Spouse
Julie has dated –
Adam Goldberg (1999-2007)
Marc Streitenfeld (2007-2012) – Julie began dating German film score composer Marc Streitenfeld in 2007. They have a son together named Leo Streitenfeld (b. 2009). The couple parted ways in 2012.
Dimitris Birbilis (2015-Present) – Julie got married to Greek assistant director and production manager Dimitris Birbilis in 2015.
She is of French descent.
Petite frame
Neck-length, straight hair
Charming smile
Brand Endorsements
Julie has been featured in a print advertisement for The GAP (2002).
Julie Delpy Favorite Things
Painter – Francis Bacon
Film Director – Ingmar Bergman
Hobby – Sewing
Actress – Marilyn Monroe
Actor – Richard Dreyfuss
Source – Wikipedia, IMDb
Julie Delpy as seen in an Instagram Post in September 2019 (Julie Delpy / Instagram)
Julie Delpy Facts
She revealed in an interview that she has been afflicted with several health issues since her childhood. Julie had to wear calipers at the age of 8 to support her weak frame caused by bone deformities. She also often experiences migraines and panic attacks and suffers from poor eyesight and low depth perception.
Early in her career, she was nominated for a César Award in the category of 'Most Promising Actress' for 2 years in succession – for her work in Mauvais Sang in 1986 and Beatrice in 1987.
Having acted in several French films at the beginning of her career, she moved to the United States in 1990 and had earned her American citizenship in 2001.
Her father, prolific French actor Albert Delpy, had appeared as her on-screen father in 2 films – 2 Days in Paris (2007) and 2 Days in New York (2012). Julie had written, produced, and directed both films and had also composed the music for both films. In the former film, her character's mother was played by her real mother Marie Pillet.
In 2019, she was on the verge of quitting the entertainment industry.
She has faced the problem of pay inequality while working in the movies Before Sunrise and Before Sunset. For the third installment of the Before movie series which is Before Midnight, she had asked for equal pay as that of Ethan Hawke in order to work in the movie.
Featured Image by Julie Delpy / Instagram
French-American
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Astronomy has been made a lot easier and simpler for beginners because of high quality telescopes available in the market. The Celestron NexStar 5 SE Telescope is an ideal one for aspiring astronomer as it combines the classical heritage of tube telescope with modern day computer technologies and software.
The Celestron NexStar 5 SE Telescope combines excellent optics and computerized tracking in a compact and lightweight package. It is ideally designed for visual observation of both terrestrial and celestial objects. Deep space photography is also enhanced with this telescope. The operation is easy to be understood even by a beginner.
Check Amazon for promotions and discounts on the Celestron NexStar 5 SE Telescope by clicking below.
The Celestron NexStar 5 SE is basically a 5-inch Schmidt-Cassegrain telescope. The eyepieces come with some high transmission coatings to improve image clarity and the brightness. Hence it is easy to view sharp and clear images of various celestial objects like views of the moons, planets, stars, galaxies, and cluster like Orion, Sirius and Nebulae.
The standard 25 mm plossl eyepiece allows for deep space astronomical observation. So, if you want to view the most wonderful rings of Saturn or moons of Jupiter, here is the ultimate telescope for you.
The Celestron NexStar 5 SE Telescope comes with "The Sky" planetarium software. It comprises of a database of about 40,000- celestial objects with their physical characteristics, appearances and images. Additionally, motorized altazimuth mount and slow-motion controls allow tracking of objects which are moving across the sky. It does not require any additional tools for assembly and is easy to setup.
An internal battery compartment is provided to prevent any kind of cord wrap during use. An accessory tray is provided to conveniently place the accessories on it during use.
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Unlike other models, the tripod is form and stable. The most appreciated features are the coated optics for enhanced image clarity. Many beginner level astronomers have started their experiences with this one. It has received many positive reviews, high ratings and is a highly recommended telescope.
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text:
Maritime Matters
Maritime Matters – July 14, 2021
Written by B.J. Rust on July 14, 2021
Welcome to Maritime Matters with host, Eric Shine!
On tonight's show Eric talks with USAF Lieutenant Colonel Karen Kwiatkowski, Ret. who grew up in western North Carolina.
Colonel Kwiatkowski joined the United States Air Force in 1983 and served tours in Alaska, Massachusetts, Spain and Italy. The Lt. Colonel later served in communications and political military analysis at the National Security Agency [NSA] and the Pentagon, retiring after 20 years as a Lt Colonel. While at the Pentagon, the Colonel wrote two books relating to air power and US policy in Sub-Saharan Africa.
https://en.wikipedia.org/wiki/Karen_Kwiatkowski
Since Colonel Kwiatkowski's retirement in 2003 to Shenandoah County, Virginia, she has spoken out against interventionist foreign policy and written numerous essays and articles, most of which are available at lewrockwell.com. Karen has been featured in several documentaries including the award-winning Why We Fight.
Karen has carried on numerous interviews and has a number of videos on the web.
The Colonel holds advanced degrees from Harvard University, the University of Alaska and a Ph.D. from Catholic University in world politics. She serves as a part-time adjunct faculty at Lord Fairfax Community College. Karen has been with her husband for 39 years, and raise cattle and sheep together. They have four children and eight grandchildren.
Karen is a regular contributor to Lewrockwell.com, RT America and Sputnik News.
For more information on Colonel Kwiatkowski's work check out these links:
https://www.salon.com/2004/03/10/osp/
https://www.c-span.org/person/?karenkwiatkowski
Maritime Matters – December 29, 2022
RINGSIDE POLITICS – JULY 15, 2021
SOMETHING TO SAY – JULY 14, 2021


I think the success of a Interior Design plan is a lot due to the illumination Lighting is a key decorative element that deserves all the care and attention we can give. Lighting a space can influence our behaviors and even our health.
Did you know that improper lighting can force your eyes and cause headaches?
The more natural light in a space, the more valuable and pleasant the environment is, which can be complemented by well-placed artificial light making the space even more comfortable and pleasant.
Lighting is not only a functional element, it can also be a decorative one, making the environment special, cozy and different.
In order to take advantage of its use, it is important that a space is adequately illuminated, being necessary to pay special attention to the tasks executed in order to illuminate them correctly.
Lamps and lighting equipment are pieces that I especially like to choose in decoration projects.
I leave here some good examples of lighting.


'I felt awful after my first assignment as a student of Industrial Design. I thought I was learning only how to make people buy what they don´t need. That is not true, though. You can use design to help others, and so I decided to design for healthcare,' says Ingeborg Griffioen, who held a lecture today at the DesignLab.
UT Nieuws belt elke week met een UT-student over de grens. Ruud Jacobs (26), masterstudent healthcare technology and management, is voor een semester exchange student in Taiwan. Hij volgt daar vakken aan de National Chiao Tung University (NCTU) in Hsinchu.
Patients with chronic diseases see general practitioners, neurologists, physiotherapists, and the list continues. It would make sense for these experts to align their treatments to benefit the patient most. But Vincent The knows that reality can be different. His PhD focuses on information quality and decision-making in healthcare. In fact, motivating himself and others to be better is a common theme in his life.


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On this run, you will experience some of Montgomery County, Maryland's finest single-track trails meandering along the beautiful Seneca Creek in Seneca State Park. This scenic trail is muddy, rocky, rooty, hilly and steep in sections with no major elevation gain/loss. This is a challenging but beautiful run for all!


text:
The Circuit Splits Are Out There—and the Court Should Resolve Them
Aug 13 2015 Publication
Engage Volume 16, Issue 2
Federalism & Separation of Powers
Federalism & Separation of Powers Practice Group
Federalist Society Review
Note from the Editor:
This article argues that the U.S. Supreme Court should resolve a number of circuit splits in consequential cases. As always, the Federalist Society takes no position on particular legal or public policy initiatives. Any expressions of opinion are those of the author. The Federalist Society seeks to foster further discussion and debate about the issues involved. To this end, we offer links below to briefs in opposition to certiorari in some of the past cases discussed by the author, and we invite responses from our audience. To join the debate, please e-mail us at info@fedsoc.org.
Under the circumstances, Chief Justice John Roberts appeared to be in excellent spirits. On June 29, 2012, the morning after he announced a badly fractured decision upholding the Affordable Care Act's individual mandate,1 the Chief Justice gave a talk at the District of Columbia Circuit judicial conference in which he covered various Court-related topics and took questions from the audience.2 When asked about the fact that the number of cases argued before the Supreme Court has continued to decline even as the number of petitions for writs of certiorari has increased, Roberts responded that the Court could hear "100 cases without any stress or strain, but the cases just aren't there." He also emphasized that circuit splits are far and away the most important consideration in deciding whether to grant cert petitions.
Three years later, the number of argued cases remains low in comparison with the Court's peak years. In the early 1980s, the Supreme Court decided more than 150 cases per year. In its 2014-2015 term, the Court decided 76, continuing a trend that has long been under observation.3 In 2009, the Supreme Court advocacy clinic at Yale Law School held a conference to explore the recent docket shrinkage. Professors and practitioners advanced various theories, but as Adam Liptak of the New York Times reported, "there emerged nothing like a definitive answer."4
And yet, there are a number of glaring (and judicially acknowledged) circuit splits with wide-ranging effects that stand in need of resolution. If the Court is indeed capable of hearing these cases "without any stress or strain," we need to seek to understand why it has not done so. As indicated by the partial survey below, the cases are there, and the Court should hear them.5
The Court's own Rule 10 sets out the considerations governing review on certiorari. The rule instructs that among "the reasons the Court considers" in deciding whether to grant or deny certiorari are whether a lower court of last resort (a federal court of appeals or a state court of last resort) (1) "has entered a decision in conflict with" another such court on "an important federal question"; (2) "has so far departed from the accepted and usual course of judicial proceedings, or sanctioned such a departure by a lower court, as to call for an exercise of this Court's supervisory power"; (3) "has decided an important question of federal law that has not been, but should be, settled by this Court"; or (4) "has decided an important federal question in a way that conflicts with relevant decisions of this Court."6 There has been a great deal of research devoted to the question of which of these reasons is most influential, and the presence (or absence) of a circuit split has long been identified as a paramount consideration.7 In this regard, the Chief Justice's focus on circuit splits was confirmatory rather than revelatory.
To hear Roberts tell it, the reason the Court's docket has shrunk so dramatically is not lack of capacity. His remarks suggest that the Court could and would hear more if it were presented with consequential circuit splits in need of resolution. Is it true that such splits "just aren't there"?
Earlier this year, the Institute for Justice sought review of a First Amendment challenge to a New Orleans law that made it illegal to give a paid tour of the city without first passing a history test and obtaining a license from the government. This law was upheld by the Fifth Circuit in Kagan v. City of New Orleans, which found that it did not restrict the tour guides' speech at all and thus applied the rational basis test rather than heightened scrutiny.8 Subsequently, the D.C. Circuit in Edwards v. District of Columbia reached precisely the opposite conclusion about a nearly identical law and struck it down.9 In Edwards, the court reasoned that a law which makes it illegal to speak about points of interest or the history of the city does, in fact, restrict speech and thus merits heightened scrutiny. In reaching this conclusion, Judge Janice Rogers Brown, writing for the panel, pointedly acknowledged and declined to follow Kagan.10 The Fifth Circuit denied a petition for rehearing en banc following the decision in Edwards.
The split over whether occupational speech is in fact speech entitled to meaningful constitutional protection affects, not only tour guides, but everyone who speaks for a living—from comedians to consultants to interior designers to therapists.11 As we move from an industrial to an information economy, more and more and more Americans will earn their livings in occupations that consist primarily in speaking.12 And yet, on February 23rd, the Supreme Court denied certiorari in Kagan, taking a pass on the question of whether the government can effectively deny them the ability to do so.
Yet another example: In Powers v. Harris, the Tenth Circuit concluded that a state could impose irrelevant credentialing requirements on casket retailers for the sole purpose of protecting state-licensed funeral directors from competition.13 Thanks to the so-called14 rational basis test, the Supreme Court and lower courts have generally turned a blind eye to blatant examples of protectionism. But the Court has always required a "fig leaf" of legitimacy—some assertion, however implausible, of a public-spirited end, like the protection of public health and safety.15
In Powers, however, the Tenth Circuit welcomed a wolf that came as a wolf, holding that economic protectionism—apart from even a disingenuous public goal—constituted a legitimate government interest.16 In Craigmiles v. Giles, the Sixth Circuit reached the opposite conclusion, holding that economic protectionism, standing alone, is not a legitimate government interest.17 More recently, in St. Joseph Abbey v. Castille, the Fifth Circuit followed Craigmiles, holding that mere economic protection of a particular industry is not a legitimate governmental purpose, but rather a "naked transfer of wealth."18 This is another circuit split, and it touches on an issue of fundamental importance to ordinary Americans across the nation—whether their right to earn an honest living can be extinguished on the basis of a naked governmental preference for entrenched incumbents whose lobbying power they cannot match.19 And, again, the Supreme Court took a pass.20
The circuits also remain divided over how to evaluate laws that burden interstate commerce. So long as the laws do not overtly discriminate between interstate and intrastate commerce, courts apply the test set forth in Pike v. Bruce Church, which asks whether the burden imposed on interstate commerce is "clearly excessive in relation to putative local benefits."21 The test contains an inherent tension—together, the terms "clearly" and "excessive" imply an evidence-based, quantitative analysis, whereas the word "putative"22 connotes supposition. The (predictable) result is that two directly conflicting lines of authority have emerged. The Second, Third, Eighth, and Tenth Circuits require proof that purported local benefits are both genuine and "credibly advanced."23 By contrast, the First, Fifth, Ninth, and District of Columbia Circuits require only the assertion of a local benefit by the state, however incredible.24 The Supreme Court made plain in Kassel v. Consol. Freightways Corp. that "(t)he incantation of a purpose to promote the public health or safety does not insulate a state law from Commerce Clause attack."25 In Kassel, the Court concluded that, while the state law restricting the length of tractor trailers was designed to benefit Iowa residents, it burdened interstate traffic too much and was therefore unconstitutional; in reaching that conclusion, the Court carefully scrutinized the evidence in the record.26 And yet no less than four circuits have held that a bare assertion is sufficient to establish a local benefit. In declining to grant certiorari on this question in Brown v. Hovatter, a case involving funeral home regulations, the Court missed an opportunity to resolve this simple but fundamental conflict between multiple circuits—one that threatens to balkanize the unified national market that the Commerce Clause is designed to protect.27
Further, despite having heard over 150 rational basis cases since formalizing the test in United States v. Carolene Products in 1938, the Supreme Court has yet to decisively answer the question of whether a statute that is rational when passed can be challenged as irrational at a later date if circumstances change. In Carolene Products, the Court unambiguously stated that "the constitutionality of a statute predicated upon the existence of a particular state of facts may be challenged by showing to the Court that those facts have ceased to exist."28 But the Supreme Court has not consistently affirmed that the rationality of the government's actions must be determined on the basis of presently existing facts in rational basis cases—indeed, it has implied that they do not. In FCC v. Beach Communications, for instance, the Court stated that "legislative choice is not subject to courtroom fact-finding" and that legislation should be upheld if any "conceivable state of facts" could justify it.29 Lower courts are understandably confused—some circuits continue to follow the changed-circumstances doctrine articulated in Carolene Products,30 while others look solely at whether the statute could be thought rational when it was passed.31 If the rational basis test—the default rule in constitutional cases—is to be a meaningful test, the Court must clarify that facts matter in every constitutional case. Yet last year the Court declined to review Heffner v. Murphy, a decision in which the Third Circuit upheld archaic laws that force funeral directors to (among other things) spend tens of thousands of dollars building useless "preparation rooms" because those laws could have been thought rational in 1952.32
There are also several unresolved splits regarding the Second Amendment, including splits over whether the Second Amendment guarantees the right to carry a handgun outside the home;33 whether states need to offer evidence in support of laws burdening the right to bear arms;34 and whether consumers have standing to challenge federal restrictions on gun sales.35 In McDonald v. Chicago, the Court affirmed that the Second Amendment protects a personal right to bear arms, and that that right is not a "second-class right," but is rather "among those fundamental rights necessary to our system of ordered liberty."36 Law-abiding citizens seeking to exercise that right deserve better than this state of uncertainty.
There is also a fundamental disagreement over how carefully trial judges, acting in their capacity as "gatekeepers," should scrutinize expert testimony before admitting it. Federal Rule of Evidence 702 requires that judges determine both that the expert relied upon "reliable principles and methods" and that "the expert reliably applied the relevant principles and methods to the facts of the case." In Daubert v. Merrell Dow Pharmaceuticals (1993), the Supreme Court made plain that, as part of their gatekeeping function, judges must ensure that expert testimony "both rests on a reliable foundation and is relevant to the task at hand."37 But the Seventh, Eighth, and Ninth Circuits have adopted the view that faults in an expert's methodology generally go to the weight of the expert's opinions, not their admissibility—thus delegating the gatekeeping function to the jury.38 In contrast, the Second, Third, Sixth, and Tenth Circuits have adopted the bright-line rule that "any step that renders the analysis unreliable under the Daubert factors renders the expert's testimony inadmissible, whether the step completely changes a reliable methodology or merely misstates that methodology."39 This circuit split has resulted in the lack of any uniform rule when it comes to scrutinizing expert testimony in federal courts.
These are not obscure circuit splits of interest only to constitutional law aficionados. They leave the rights of millions hanging in the balance. Questions about whether naked wealth transfers merit more than a judicial rubber stamp or whether the price of pursuing a vocation is the abandonment of one's right to speak freely are pressing and fundamental, and certainly worthy of the attention of a Court that (to hear the Chief Justice tell it) could easily hear some thirty additional cases. While it is true that some issues benefit from percolating in the lower courts before the Supreme Court wades in, that is an insufficient explanation for the Supreme Court's refusal to resolve consequential issues that have long been ripe for review. After years of fruitless efforts to solve the mystery of docket decline, it is time to subject the Court's inaction to exacting scrutiny.
1 See Nat. Fedn. of Indep. Business v. Sebelius, 567 U.S. 1 (2012).
2 Del Quentin Wilber, After the Health Care Ruling, Roberts Jokes But Declines to Talk About the Decision, Washington Post (June 29, 2012), http://www.washingtonpost.com/local/crime/after-the-health-care-ruling-roberts-jokes-but-declines-to-talk-about-the-decision/2012/06/29/gJQAzOHfBW_story.html (last visited August 10, 2015).
3 See David R. Stras, The Supreme Court's Declining Plenary Docket: A Membership-Based Explanation, 27 Const. Comment. 151 (2009); Margaret Meriwether Cordray & Richard Cordray, The Supreme Court's Plenary Docket, 58 Wash. & Lee L. Rev. 737 (2001); Arthur D. Hellman, The Shrunken Docket of the Rehnquist
Court, 1996 Sup. Ct. Rev. 403 (1996).
4 Adam Liptak, The Case of the Plummeting Supreme Court Docket, New York Times, (September 28, 2009), http://www.nytimes.com/2009/09/29/us/29bar.html?_r=0 (last visited April 5, 2015).
5 To help focus attention on this seeming anomaly, the Institute for Justice's Center for Judicial Engagement is planning to hold a conference at which professors and practitioners will identify and discuss the existence of circuit splits that have been presented to the Court, but that it has refused to resolve.
6 Sup. Ct. R. 10.
7 See Gregory A. Caldiera & John R. Wright, The Discuss List: Agenda Building in the Supreme Court, 24 Law & Soc'y Rev. 807 (1990) (finding that the existence of an actual conflict between the lower courts or between the lower Court and a Supreme Court precedent is a potent determinant of whether the Court grants certiorari).
8 753 F.3d 560 (5th Cir. 2014).
9 755 F.3d 996 (D.C. Cir. 2014).
10 Id. at 1009 n.15 ("We are of course aware of the Fifth Circuit's contrary conclusion… We decline to follow that decision, however, because the opinion either did not discuss, or gave cursory treatment to, significant legal issues.").
11 The Third Circuit and the Ninth Circuit have also taken differing approaches in cases involving sexual orientation change efforts (SOCE) performed by licensed counselors. This "talk therapy" consists largely in speech. But in Pickup v. Brown, 728 F.3d 1042 (9th Cir. 2013), the Ninth Circuit applied rational basis review to a law which prohibited counselors from engaging in SOCE with clients under 18, reasoning that the ban regulates only "conduct," not speech. In King v. Governor of the State of New Jersey, 767 F.3d 216 (3d Cir. 2014), the Third Circuit considered a similar ban and expressly disagreed with the Ninth Circuit's analysis. Following the Supreme Court's lead in Holder v. Humanitarian Law Project, 561 U.S. 1 (2010), the Third Circuit in King rejected the proposition that verbal communications are transformed from speech into "conduct" when they are used to deliver professional services, applying intermediate scrutiny rather than the rational basis test. The Third Circuit went on to uphold the ban, finding that it directly advanced the important government interest of preventing harm to minors.
12 See generally Alvin Toffler, The Third Wave (1980).
13 See Powers v. Harris, 379 F.3d 1208 (10th Cir. 2004).
14 See generally Clark Neily, No Such Thing: Litigating Under the Rational Basis Test, 1 N.Y.U. J.L. & Liberty 898 (2005) (describing the history and present state of the rational basis test and contending that it is not a meaningful "test" at all).
15 The Court has upheld laws barring people who are not licensed optometrists or opthalmologists from replacing broken lenses; denying pilotage licenses to anyone who is not a friend or relative of an incumbent pilot; and banning all pushcart vendors from a popular tourist location except those who had been there for more than eight years. Williamson v. Lee Optical of Okla., Inc., 348 U.S. 483 (1955); Kotch v. Board of River Port Pilot Comm'rs for Port of New Orleans, 330 U.S. 552 (1947); New Orleans v. Dukes, 427 U.S. 297 (1976). In all of these cases, the Court took the government's profession of public-spirited ends at face value.
16 See Powers, 379 F.3d at 1220 (holding that "protecting or favoring one particular intrastate industry… is a legitimate state interest").
17 See Craigmiles v. Giles, 312 F.3d 220 (6th Cir. 2002).
18 See St. Joseph Abbey v. Castille, 712 F.3d 215, 223 (5th Cir. 2013).
19 See generally Cass R. Sunstein, Naked Preferences and the Constitution, 84 Colum. L. Rev. 1689 (1985) (discussing how many of the most important clauses of the Constitution focus on a single underlying evil: "the distribution of resources or opportunities to one group rather than another solely on the ground that those favored have exercised the raw political power to obtain what they want.").
20 This split has since deepened. In April 2015, the Second Circuit Court of Appeals upheld a patently anticompetitive restriction on non-dentist teeth-whiteners in Connecticut. Writing for himself and another judge on the panel, Judge Guido Calabresi claimed that a "simple preference for dentists over teeth-whiteners" would constitute a legitimate state interest, even if the challenged rule did not—and was not designed to—promote public health. See Sensational Smiles v. Mullen, No. 14–1381–CV, 2015 WL 4385295 (2nd Cir. April 15, 2015).
21 Pike v. Bruce Church, Inc., 397 U.S. 137, 142 (1970).
22 See Bryan A. Garner, A Dictionary of Modern Legal Usage 721 (2d ed. 1995) (defining putative as "supposed, believed, reputed").
23 Southhold v. E. Hampton, 477 F.3d 38 (2d Cir. 2007); Lebanon Farms Disposal, Inc. v. County of Lebanon, 538 F.3d 241 (3d Cir. 2008); R & M Oil & Supply, Inc. v. Saunders, 307 F.3d 731 (8th Cir. 2002); Blue Circle Cement, Inc. v. Saunders, 27 F.3d 1499 (10th Cir. 1994).
24 Pharm. Care Mgmt. Ass'n v. Rowe, 429 F.3d 294 (1st Cir. 2005); All State Ins. Co. v. Abbott, 495 F.3d 151 (5th Cir. 2007); Spoklie v. Mont., 411 F.3d 1051 (9th Cir. 2005); Electrolert Corp. v. Barry, 737 F.2d 110 (D.C. Cir. 1984).
25 Kassel v. Consol. Freightways Corp., 450 U.S. 662, 670 (1981) (plurality opinion).
26 Id. at 672.
27 Brown v. Hovatter, 561 F.3d 357 (4th Cir. 2009), cert. denied 130 S. Ct. 741 (2009).
28 United States v. Carolene Products, 304 U.S. 144, 152 (1938). See also Borden's Farm Prods. Co. v. Baldwin, 293 U.S. 194, 210 (1934) (holding that where a statute is challenged under the rational basis test, the validity of that statute is "properly the subject of evidence and of findings").
29 508 U.S. at 315. See also Heller v. Doe, 509 U.S. 312, 320-1 (1993) (stating that rational basis does not require "foundation in the record").
30 See Long v. Robinson, 316 F. Supp. 22, 27-28 (D. Md. 1970), aff 'd,436 F.2d 1116 (4th Cir. 1971); Seaboard Air Line R.R. Co. v. City of West Palm Beach, 373 F.2d 328 (5th Cir. 1967); United States v. Moore, 644 F.3d 553 (7th Cir. 2011); Dias v. City & Cnty. of Denver, 567 F.3d 1169 (10th Cir. 2009).
31 See United States v. Then, 56 F.3d 464 (2d Cir. 1995); Burlington N. R.R. Co. v. Dep't of Pub. Serv. Regulation, 763 F.2d 1106 (9th Cir. 1985).
32 Heffner v. Murphy, 745 F.3d 56 (3d Cir. 2014), cert. denied 135 S.Ct. 220 (2014).
33 The Second, Fourth, Fifth, and Seventh Circuits have held or assumed that the Second Amendment encompasses the right to carry handguns outside the home for self-defense. Kachalsky v. Cnty. of Westchester, 701 F.3d 81, 93 (2d Cir. 2012); Woollard v. Gallagher, 712 F.3d 865, 876 (4th Cir. 2013); Nat'l Rifle Ass'n of Am., Inc. v. McCraw, 719 F.3d 338 (5th Cir. 2013); Moore v. Madigan, 702 F.3d 933 (7th Cir. 2012). The Third Circuit has refused to recognize this right. Drake v. Filko, 724 F.3d 426 (3d Cir. 2013), cert. denied 134 S.Ct. 2134 (2014).
34 The First, Second, Fourth, Seventh, and District of Columbia Circuits require evidence. United States v. Booker, 644 F.3d 12, 25 (1st Cir. 2011); Kachalsky v. Cnty. of Westchester, 701 F.3d 81 (2d Cir. 2012); United States v. Chester, 628 F.3d 673 (4th Cir. 2010); Ezell v. City of Chicago, 651 F.3d 684 (7th Cir. 2011); [DC Cir. cite]. While the Fifth, Ninth, and Tenth Circuits have not explicitly held that the government may only meet its burden with actual evidence, their decisions leave little doubt that at least some supportive evidence is expected. Nat'l Rifle Ass'n of Am., Inc. v. Bureau of Alcohol, Tobacco, Firearms & Explosives, 700 F.3d 185 (5th Cir. 2012); United States v. Chovan, 735 F.3d 1127 (9th Cir. 2013); United States v. Reese, 627 F.3d 792 (10th Cir. 2010). The Third Circuit does not require evidence. Drake, 724 F.3d. at 438.
35 The Fifth and District of Columbia Circuits have held that consumers do have standing. NRA of Am. v. BATFE, 700 F.3d 185 (5th Cir. 2012); Dearth v. Holder, 641 F.3d 499 (D.C. Cir. 2011). The Fourth Circuit has held that they do not. Lane v. Holder, 703 F.3d 668 (4th Cir. 2012), cert. denied 134 S.Ct. 1273 (2014).
36 McDonald v. City of Chicago, 561 U.S. 742, 780, 778 (2010).
37 Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579, 596 (1993).
38 Manpower, Inc. v. Ins. Co. of Penn., 732 F.3d 796 (7th Cir. 2013); Johnson v. Mead Johnson & Co., 754 F.3d 557 (8th Cir. 2014); SQM N. Am. Corp. v. City of Pomona, 750 F.3d 1036 (9th Cir. 2014).
39 Amorgianos v. Nat'l R.R. Passenger Corp., 303 F.3d 256, 265-270 (2d Cir. 2002); In re Paoli R.R. Yard PCB Litig., 35 F.3d 717 (3d Cir. 1994); Tamraz v. Lincoln Electric Co., 620 F.3d 665, 670 (6th Cir. 2010); Attorney General of Oklahoma v. Tyson Foods, Inc., 565 F.3d 769 (10th Cir. 2009).
https://fedsoc.org/commentary/publications/the-circuit-splits-are-out-there-and-the-court-should-resolve-them
Evan D. Bernick
http://sblog.s3.amazonaws.com/wp-content/uploads/2015/01/Kagan-Brief-in-Opposition.pdf
http://www.ij.org/images/pdf_folder/economic_liberty/ok_caskets/Respondents-Brief-in-Opposition.pdf
http://sblog.s3.amazonaws.com/wp-content/uploads/2014/09/14-53-Heffner-brief-in-opp.pdf