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In Supreme Court, a Battle Over Fracking and Citizens' Rights
Jessica Ernst's long fight to challenge legislation putting energy regulator above the law reaches top court.
Andrew Nikiforuk 13 Jan 2016TheTyee.ca
Andrew Nikiforuk is an award-winning journalist who has been writing about the energy industry for two decades and is a contributing editor to The Tyee. Find his previous stories here.
Nikiforuk's book on hydraulic fracturing and the Ernst case, Slick Water, was published this fall by Greystone Books.
This coverage of Canadian national issues is made possible because of generous financial support from our Tyee Builders. Please considering joining.
Jessica Ernst on her land in Alberta. Photo: Colin Smith.
After years of legal wrangling, Jessica Ernst and Alberta's powerful energy regulator finally squared off in the Supreme Court of Canada yesterday.
Charter Rights at Issue in Fracking Supreme Court Case
For almost two hours, all nine justices questioned lawyers from both sides in a case that will determine if legislation can grant government agencies blanket immunity from lawsuits based on the Charter of Rights and Freedoms.
At times the debate was so bogged down in legal jargon and little known cases that it felt as though the participants were holding a conversation in a foreign language.
STANDING UP TO FRACKING: A TYEE EVENT
Join The Tyee and acclaimed energy journalist and author Andrew Nikiforuk for a special evening on fracking. Nikiforuk will survey the latest energy battleground and discuss his new book, Slick Water, which centres around Jessica Ernst's landmark case. The event takes place Jan. 28 in Vancouver. Find further details and ticket information here.
But the heart of the matter remained simple: Can a regulator prevent a citizen from suing it for damages when the citizen feels their charter rights have been violated?
Ernst alleges the Alberta Energy Regulator violated her rights by characterizing her as a "criminal threat" and barring all communication with her.
The claims are part of her multipronged lawsuit related to the regulation of fracking. She says fracking contaminated aquifers near her homestead near Rosebud, about 110 kilometres east of Calgary, and is seeking $33 million in damages.
The Supreme Court hearing dealt with Ernst's allegation that the provincial energy regulator denied her the right to raise her concerns about groundwater contamination. She argues that the legislation shielding the regulator from citizen's lawsuits should not bar charter claims.
Lawyers for Ernst, the BC Civil Liberties Association and the David Asper Centre for Constitutional Rights all argued that the Alberta Energy Regulator's immunity clause undermined the spirit of Canada's charter, which is designed to protect citizens from government abuses of power.
It is patently unfair to allow a government to violate a citizen's basic freedoms and then deny them an appropriate remedy in the courts, especially when the charter itself grants that right, they argued.
"This is all about getting your foot in the door," said Cory Wanless, the lawyer representing Ernst.
Glenn Solomon, a high-profile Calgary lawyer representing the energy regulator, argued the Ernst case didn't deserve such attention because her problems were largely administrative and should have been addressed with a judicial review. Furthermore, the immunity clause barred a charter claim.
But under questioning, Solomon later said the court must look at each charter breach "case by case" and that the Alberta regulator's immunity clause shouldn't be read as a total ban on all charter claims -- just ones involving money or damages.
Making legal history
Eight years ago, Ernst sued Alberta Environment, the Energy Resources Conservation Board (which has since become the Alberta Energy Regulator) and Encana, one of Canada's largest unconventional gas drillers. She claimed her well water had been contaminated by fracking and government agencies had failed to investigate the problems.
But the regulator argued that it couldn't be sued because it had an immunity clause that protected it from civil action.
After an Alberta Court of Appeal agreed, Ernst's lawyers appealed the matter to the Supreme Court in 2014.
Initially three provincial governments and the federal government announced their intention to intervene in the case.
"But once they looked at the arguments, they withdrew," said Murray Klippenstein, another of Ernst's lawyers, after yesterday's hearing.
"So there was no government here to support the argument of the [regulator]," added Klippenstein. "It kind of shows in a common sense sort of way how ridiculous the position is."
The case made legal history, too. "This is the first time the Supreme Court has heard a case about human rights with an environmental context," noted Lynda Collins, a professor of law at the University of Ottawa's Centre for Environmental Law and Global Studies.
She said the case concerns the right of a citizen to pinpoint environmental wrongs, such as groundwater contamination, without being penalized by a regulatory body.
Whenever a regulator allegedly takes punitive measures against a citizen addressing key environmental issues in the public interest, "you have a serious allegation," added Collins.
ANOTHER QUAKE RATTLES FRACK FIELDS
Shortly after the Supreme Court hearing on the Ernst case, a magnitude 4.8 earthquake rattled the community of Fox Creek, Alberta, where fracking has caused hundreds of earthquake swarms for the last two years.
The ground shook hundreds of miles away, and the incident may count among the largest earthquakes ever caused by hydraulic fracking. Industry-induced quakes have rocked so far three different parts of Alberta, including Rocky Mountain House, southern Alberta and Fox Creek.
The controversial practice of injecting fluids underground to crack low-grade rock containing small amounts of oil and gas has resulted in groundwater contamination, gas migration and unprecedented seismic activity that has unsettled regulators in Texas, Oklahoma, Alberta and B.C.
Last December, the BC Oil and Gas Commission confirmed that a magnitude 4.6 seismic event on Aug. 17, 2015 in northeast B.C. was caused by fluid injection during hydraulic fracturing by Petronas.
In recent years, hydraulic fracturing and wastewater injection have triggered hundreds of earthquakes in the province and changed seismic patterns.
–- Andrew Nikiforuk
'It is about how a citizen can push back'
Wanless, one of Ernst's lawyers, told The Tyee that the core issue in today's hearing was "whether governments can legislate themselves out of charter enforcement."
"It is about how a citizen can push back when their charter rights have been infringed. We say the court has to be open to these challenges because if they aren't, no one is," added Wanless.
Raj Anand, former chief commissioner of the Ontario Human Rights Commission and human rights expert with the law firm WeirFoulds, also addressed the court and said the issue was a simple one.
"It would be improper for a government or a legislature which are subject to the charter to exempt themselves with blanket immunity clauses," he said after the hearing.
He compared it to a newspaper enacting rules barring its reporters from any oversight by the Press Council.
Anand explained that there were probably 500 laws that gave immunity of one kind or another to government bodies or agencies across Canada.
But very few were as restrictive as the Alberta Energy Regulator's clause. In fact, most immunity clauses say the government agencies must act in "good faith."
Citizens travelled from as far away as Alberta and Quebec to hear the case.
Linnet Fawcett, a childhood friend of Ernst and concerned citizen from Montreal, said she didn't understand all the legal jargon but appreciated what Ernst was fighting for.
"I find it despicable that a regulatory body has the power to stop a citizen from having their day in court. Jessica always said that she knew that this case was going to be one big battle."
The case is being closely watched by Canada's oil and gas industry. In 2014, Borden Ladner Gervais, Canada's largest national full-service law firm, included the Ernst case in a top 10 list of important judicial decisions affecting the energy industry.
"The Ernst case has brought into focus the potential for regulator or provincial liability arising out of oil and gas operations.... If Ernst proceeds to trial, it will likely provide more guidance on the scope of the duty of care and the standard of care required by the province and the oil and gas operator to discharge their duties in the context of hydraulic fracturing."
The fracking industry has been the subject of scores of lawsuits across North America. Landowners have sued over property damage and personal injury related to industry-caused earthquakes, air pollution and the contamination of groundwater.
In one major Texas case, a jury awarded one family $3 million. The verdict found that Aruba Petroleum "intentionally created a private nuisance" though its drilling, fracking and production activities at 21 gas wells near the Parrs' Wise County home over a three-year period between 2008 and 2011.
The Supreme Court will likely make a ruling on the Ernst case within four to six months.
Read more: Energy, Rights + Justice, Environment
Teen Programs at Emily Carr University
Emily Carr University is known as a world leader in art and design education and research. But did you know that in addition to degree programs, ECU Continuing Studies offers accessible and innovative programming for youth?
Emily Carr's teen programs focus on skills development, creativity and personal growth. Individual courses, afterschool and weekend workshops, camps and intensives are on now, offered in-person and online.
Check out the pre-university Summer Institute for Teens and the upcoming Spring Break Art Camp today!

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Connected and autonomous driving by road and rail will shape future mobility
Connected and self-driving vehicles are on the horizon. Autonomous taxis and minibuses could cover the last mile between homes and public mass transit and long-distance transport hubs, helping make private cars superfluous in cities and relieving congestion. In rail transport as well, fully automated systems and connectivity can help satisfy the rapidly growing demand for mobility. Making vehicles and infrastructure more intelligent can ensure better availability and make mobility safer. All this adds up to vastly improved urban environments. Siemens is working with municipalities, public transit authorities and research institutes to develop these transport concepts.
Feature | 08. Oct 2019 | Siemens Mobility
Munich | 08. Oct 2019 - 08. Oct 2019 | Siemens Mobility Save the date
New trains for Berlin's S-Bahn
S-Bahn Berlin GmbH has signed a framework contract with the consortium of Stadler Pankow GmbH and Siemens for the delivery of up to 1,380 vehicles. A firm order was placed for the first 106 trains. The 85 four-section and 21 two-section trains have a high triple-digit million-euro order volume. S-Bahn Berlin, a subsidiary of Deutsche Bahn, plans to use the new trains on the Ringbahn lines (S 41 and S 42) as well as on the system's southeastern feeder lines S 47, S 46 and S 8. These lines comprise roughly one-third of the entire S-Bahn network in Berlin. The first ten vehicles will be ready to enter service as of 2020. Subsequently, all remaining vehicles will be delivered continuously to the Berlin system up to 2023. The vehicles will be manufactured and assembled at the Berlin plant operated by Stadler Pankow GmbH.
Siemens technologies at the Munich Oktoberfest
Let the good times roll: Starting September 21, about six million people from all around the world will be enjoying themselves at the Oktoberfest in Munich for two weeks. Traditionally, Siemens supplies drives and control systems as well as energy distribution for the festival's rides. Automation solutions from Siemens also control special beer pipelines – the only ones of its kind worldwide –that supply the Hacker, Winzerer Faehndl and Braeurosl festival tents with their tasty Oktoberfest brews. Because many breweries use Siemens technologies within their brewing process, Siemens doesn't only ensure fresh beer at the Oktoberfest.
Feature | 19. Sep 2019 | Siemens AG, Smart Infrastructure, Digital Industries
Munich | 19. Sep 2019 - 19. Sep 2019 | Siemens AG, Smart Infrastructure, Digital Industries Save the date
Siemens builds new metro for Vienna
Wiener Linien commissioned Siemens at the end of 2017 with the delivery of 34 fully automated metro trains. The contract also includes the maintenance of the trains for a period of 24 years and an option for an additional eleven trains. The "X cars" will be operated fully automated on the new U5 line in Vienna beginning in 2024. The trains can also operate semi-automated or manually on previously existing lines. Delivery of the trains is scheduled to begin in mid-2020 and to be completed by 2030. The trains will be manufactured at the Siemens factory in Vienna.
Feature | 22. Aug 2019 | Siemens Mobility
Munich/Vienna | 22. Aug 2019 - 22. Aug 2019 | Siemens Mobility Save the date
Odessa Texas Support Center
High-speed reciprocating compressor (HSRC) and mobile power support center opened in Odessa, Texas to serve expanding customer base in Permian Basin
New support center provides operators with expedited access to parts while increasing the capabilities of Siemens Oil & Gas in a key region
Feature | 10. Sep 2019 | Gas and Power
Houston | 10. Sep 2019 - 10. Sep 2019 | Gas and Power Save the date
Desiro ML multiple units for Austrian State Railways (ÖBB)
Austrian Federal Railways (ÖBB) has ordered a total of 189 Desiro ML regional trains from Siemens. The trains will operate under the name "Cityjet". The trains will be produced at the Siemens Mobility plants in Krefeld, Germany, and Graz, Austria, and final assembly will take place at ÖBB's Technical Services factory in Jedlersdorf, Austria. Two design alternatives of the Desiro ML are built: the urban train design for large metropolitan areas such as Vienna and the regional train design. The ÖBB cityjet also offers a variable, low-floor seating arrangement as well as spacious entrance and intercar gangway areas, an attractive, innovative design and maximum riding comfort, and barrier-free entrance to all 550-mm station platforms in Austria. Austrian Federal Railways (ÖBB) and Siemens Mobility are jointly investing in the future of passenger transport and are developing an electro-hybrid battery drive for trains. Operating as a battery-powered train, the Cityjet eco is an alternative for non-electrified rail lines primarily served at present with diesel-powered passenger trains. Battery operation can reduce CO2 emissions by up to 50 percent compared to diesels. Following extensive testing of the prototype train, it is expected to first be used in passenger service in the second half of 2019. On August 26, the joint project reached its next milestone: The battery driven EMU got the homologation and is starting passenger service beginning of September 2019, bringing more sustainability to non-electrified tracks in Austria.
Vienna | 26. Aug 2019 - 26. Aug 2019 | Siemens Mobility Save the date
As urban populations continue to grow, the need to provide reliable and efficient transportation that allows passengers to connect seamlessly door-to-door becomes more critical. From public transportation to ride-sharing, bike-sharing and scooter-sharing, passengers are increasingly looking for options that allow them to select their transportation options on demand, planning and paying for their commutes in one easy-to-use application. Together, Siemens Mobility, HaCon, eos.uptrade, Bytemark and Padam are providing these digital solutions that are making commutes easier and faster.
Munich | 16. Aug 2019 - 16. Aug 2019 | Siemens Mobility Save the date
Largest order: Siemens is building ICE 4 trains for Deutsche Bahn
The ICE 4 will be the backbone of the Deutsche Bahn's future long-distance network. In May 2011, the German national railway company concluded a framework agreement with Siemens Mobility for up to 300 trainsets. At this time the largest train contract that Siemens has ever won in its nearly 170 years of corporate history. The ICE 4 sets new standards in intercity traffic. A unique train concept has been developed, that means it can be individually adapted to the requirements of various transport tasks. The modular drive concept is based on independent Powercars with identical traction technology, resulting in more flexibility than ever before. High operational availability is guaranteed by a large number of reliable systems with high redundancy. All in all, DB will be receiving 1,511 cars with which it can configure 50 12-car, 50 13-car and 37 7-car trainsets. DB will keep two end cars in reserve. The 12-car and 13-car trainsets will be operated in Germany, Austria and Switzerland. The shorter 7-car trains are planned for use in Germany and Austria.
Feature | 16. Jul 2019 | Siemens AG, Siemens Mobility
Munich | 16. Jul 2019 - 16. Jul 2019 | Siemens AG, Siemens Mobility Save the date
Siemens successfully commissions Zimpro® wet air oxidation unit for olefins plant
Siemens Water Solutions successfully installed and started up a Zimpro® wet air oxidation (WAO) system at a global petrochemical company's olefins plant in the Southern U.S. The order, received in November 2017, is the second Zimpro® wet air oxidation system supplied to the customer. The first system was supplied in 2004.The Zimpro® WAO system will treat spent caustic generated in the production of ethylene by destroying odorous and high chemical oxygen demand (COD) pollutants. The system also generates an effluent that can be safely neutralized and sent to a biological treatment plant, where it is further treated for discharge.Siemens Water Solutions addresses water and wastewater needs of the oil and gas industry with a portfolio that includes physical and chemical separation, biological treatment, and complex hydrothermal technologies.
Feature | 26. Jun 2019 | Gas and Power, Portfolio Companies
Rothschild | 26. Jun 2019 - 26. Jun 2019 | Gas and Power, Portfolio Companies Save the date


DMCI Homes continues to enrich the quality of life of urban families with an anticipated return in Cavite through Alea Residences.
Alea Residences brings the familiar charm of the South mixed with the distinguishing hallmarks of a DMCI brand of resort-inspired living and quality crafted themed developments perfect for young and growing families looking for an exclusive and secured environment.
URBAN REVERIE. Neighboring the warm and friendly communities of the south, Alea Residences isstrategically located within the Southern delta- providing convenient access to major roads such as Cavitex, Alabang-Zapote Road and easy access to urban centers of the metro.
For daily conveniences, the condo development is strategically located near major roads such as Cavitex, Alabang-Zapote Road and Emilio Aguinaldo Highway. Close by are schools which include the St. Dominic Academy College of Asia, University of Perpetual Help and Southville International School; commercial centers like the SM City Bacoor, Star Mall Las Piñas and Puregold Bacoor, and hospitals such as the University of Perpetual Help System and St. Dominic Hospital.
Take SLEX heading southbound and exit via Sucat towards Dr. A. Santos Ave.
SM City Las Piñas - 2.9 km/11 mins.
SM City Bacoor - 3.4 km/12 mins.
Aseana City (via Cavitex) - 8.9 km/ 16 mins.
Alabang CBD (via Alabang-Zapote Road) - 10.4 km/ 30 mins.
Makati CBD (via Cavitex) - 14.8 km/ 30 mins.
University of Perpetual Help DALTA - 3.1 km/ 11 mins.
St. Dominic Academy College of Asia - 1 km/ 5 mins.
Southville International School - 5.7 km/ 17 mins.
Divine Light Academy - 2.3 km/ 8 mins.
De La Salle Santiago Zobel School - 10.3 km/ 27 mins.
De La Salle University Dasmarinas - 18.7 km/38 mins.
University of Perpectual Help Medical Center - 3.1 km/ 7mins.
Las Pinas Doctors Hospital - 5.6 km/ 11 mins.
Alabang Mediacal Center - 8.1 km/ 17 mins.
St. Joseph Parish - 2.8 km./ 11 mins.
Be greeted by the serenity of exclusive condominium living. With 24/7 security, be assured of restful and serene nights.
MAXIMIZED LIVING AREAS. Each unit is designed to perfectly maximize the livable floor area of every section of your home, ensuring that there will always be room for all your family's needs.
Your comfort and relaxation extends beyond the floor area of your unit. With a bigger amenity area allocation, future residents are assured of a home where family and community relationships will be fostered. The amenities, landscaping and overall planning of Alea Residences were designed to enhance interaction and congenial relations among neighbors. The pool, lounge area and open spaces are all venues for social activities.


Watch 90 minutes of United States vs. Mexico in 90 seconds.
ANNOUNCER 1: Lopsided in the USA's favor. Only the one loss. That was back in 2010 in Cancun. But if you're the USA, Allie? You don't look at those numbers, those stats.
ANNOUNCER 2: No, it's irrelevant. What matters is tonight and the performance they can put forth. And I don't think it matters for Mexico either. I think this is a different squad than we've seen before.
ANNOUNCER 1: So far, all possession for the USA. Lavelle's pass is behind her, Rapinoe [INAUDIBLE]. Sent forward, Morgan looking for it. On what looks like a broken play. Rapinoe scores! The US leads!
ANNOUNCER 2: And it's been all US from here on out. It's the play between the lines with Rose Lavelle that opens this up and Megan Rapinoe filtering inside gives that overload essentially the little quick combination. And then she's there for the follow up.
ANNOUNCER 1: Puts one up, and inviting ball in! That's headed up off the crossbar. Loose. [INAUDIBLE] Goal, 2-0 US!
ANNOUNCER 2: But how about this ball by Rapinoe? Just lands delicately in behind that back line where everyone drops and shifts. Henninger can't react, it pings off the cross.
ANNOUNCER 1: Rapinoe to strike. She had the game's first goal. Plays it in, nice run, nice goal! Morgan coming through 3-0, 91st goal.
ANNOUNCER 2: Well now the scoreline is a bit more reflective of the play in this half. Alex Morgan just loses her mark. Looks like she got picked there, gets herself wide open at the top of the six.
ANNOUNCER 1: Move to the outside. Here's Crystal. Playing it in. The header! Another goal! Tobin Heath!
ANNOUNCER 2: And then pinged that one across for Tobin Heath, who's really ghosting inside. Doesn't make the far post run hard. She just comes at that penalty spot, meets it. And what a power driven header that is.
ANNOUNCER 1: Heath. Lavelle had been taking them but she's out. Horan up. Lloyd, blocked, Rapinoe, tap in goal! 5-0 US! She has two.
ANNOUNCER 2: Horan goes up, wins the first. But then you get the numbers crashing. Lloyd sacrifices herself to win it. Bianca is off her line. And then it's a tap in for Rapinoe. As you can watch Henninger. She's got to come out and try to make a play on it.
ANNOUNCER 1: Moving forward. Dunn. Into the middle, there's Morgan. [INAUDIBLE] the way. Simon high up! Morgan! Goal number six for the US, her second.
ANNOUNCER 2: Wide open on this near-side. And then gets her head up and slots that one back. Perfectly weighted into the run, into the path of Alex Morgan, who stayed with it. Beat her defender.
ANNOUNCER 1: That is it. US with a convincing 6-0 win over Mexico. How do you wrap this one up?
ANNOUNCER 2: Strong statement for this opening match in group stage. And I think you're seeing a new level that the US has reached with their ability to tear apart an opponent. Look out the rest of the world. Look out the rest of CONCACAF.


I've taken a little break from posting here on the blog for personal reasons. But I'm getting back into the swing of things and hoping to post more regularly. I thought I would start by sharing my current skin care routine.
I've always taken my skin care quite seriously, but in the last few months I've tried extra hard to keep my skin looking healthy. I recently did dermapen (which I might do a post on at some point) I've seen great results with it and it has given my skin such a great texture. I've said before that I also have facials regularly, which really does keeps my skin clean and healthy.
A few months back I decided to change my skin care products. I wasn't sure how my skin would do with the change but I'm so happy I did it, my skin has never been better. At first I wasn't totally taken by Avène products, I wasn't crazy about the smell and I wasn't sure that it work for my skin. But after trying their products out I'm totally hooked.
Mattifying Cleansing Foam - After seeing that this product had great reviews I was excited to try it out. It's mostly used for oily skin which I don't have but I've actually really enjoyed the shine free matte effect my skin is left with after using it. I don't find this works as a normal face wash would, I like to use Bioderma's Sensibio Gel Moussant in the evenings and then mornings I use the Avène cleansing foam. I feel it leaves my skin feeling matte and clean and ready for applying makeup.
Gentle Purifying Scrub - I try to use this scrub about three times a week. It suits my skin well, it lightly exfoliates it without causing breakout or dry skin. I find it does the job without being harsh.
Gentle Toner Dry Skin - this toner is made for dry and sensitive skin unlike the mattifying foam which is for oily skin types. My skin is more dry so my skin loves this toner. It's gentle and helps in removing impurities. I like to use this in the evenings after washing my face and then again in the mornings. It also seems to help in keeping breakouts at bay. I absolutely adore this toner and it's a really one to try in my opinion.
One of the reasons I love my Avène products is that they are hypoallergenic and non comedogenic which is a lot less harsh on your skin and body. Since changing skin products my skin has been so much healthier and these Avène products have really worked for me.
What are some of your secrets to good skin? Do you have any skin care favourites?


In my lecture in Tel Aviv last night, on the most influential domestic interiors of the 20th century, I included the Charles Rennie Mackintosh's Hill House. Here, the accomplished architect established a new way of negotiating issues of gender and aesthetics in the Victorian society, creating a manifestation of the gesamstkunstwerk, a home as a total work of art. Situated in the town of Helensburgh, Scotland, the Hill House was also an expression of anti-industrialist sentiments when the feminine aspect of the interior was was dressed in pink and white while the masculine - in dark.


A Lovely Little Life: Fill-in-the-blank-Friday AND New Orleans!!!
who is getting married on the beach next April!!! And I can. not. wait!
1. The last thing I do before going to sleep is..... kiss my hubs goodnight!
3. The first thing I do when I wake up is..... take out my sweet puppies!
4. When I'm tired I..... get cranky and whine until I can get to my couch or bed.
I've shown this one before...doesn't it look just heavenly?!?!?
7. The longest sleep I've ever had was......... when I had mono....slept for like 3 weeks....with breaks to wake up and eat ice cream. and that was a lot of effort.
10. My bedtime is usually...... around 10....sometimes earlier...I like my sleep. Who am I kidding, I'm old.
And that's all she wrote kids! I hope everyone has a delightful weekend and I will have plenty of fun pics next week!
Love your blog, seriously so cute! Please follow me so I can follow you!
Thoughtless Thursday - Katie P's Trip!
New York, Canada, and a Wedding!!


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According to Business Insider (2017), 80% of people drop theirs by the second week of February every year. By January 20th most are already losing momentum.
The majority of us don't make New Year's resolutions for many reasons—in fact, it is determined that only 8% of the people who do make resolutions actually fully achieve them. If you're part of that group, congratulations! If you're not, there might be a way for you to see the dreaded New Year's resolution, or at least the underlying healthy habit—in a new light.
The key to making a healthy change is to set yourself up for success. Whether you're looking to lose weight, gain muscle, sleep more, disconnect from your devices, live a happier life, or develop a spiritual discipline, there are strategies you can use to set a New Year's resolution that is actually achievable.
Here are five tips for accomplishing healthy goals when New Year's resolutions seem too intimidating.
1. Mix it up day by day, month by month, quarter by quarter.
If your goal is to be healthier and live a better, more fulfilling life, consider making a list of beneficial changes and then focus on one each month. Having a set time to really focus on one positive change at a time can make resolutions feel less daunting and more achievable.
There's no reason your short-term resolutions can't carry over and turn into year-long habits. That would be the ultimate achievement.
Resolution Tip: One resolution you might want to consider is getting adequate sleep, which might just be the most important and most underrated goal. Succeeding at any new healthy change will require self-discipline, focus and energy all of which are hard to come by if you're short on sleep. According to researchers, a well-rested person will have a much easier time resisting that piece of cake than a tired one. So if you find yourself struggling with willpower or stamina, you may just need to sleep on it.
If you're trying to accomplish a monumental achievement like quitting smoking or losing weight, you'll have a better chance of sticking to it if you talk about it. Feeling accountable to others and getting the support of friends and family greatly increases your chance of success.
Tell your family, friends and coworkers. Find a loyal friend, an encouraging healthy eating partner, or someone who will subtly and kindly swat that cigarette right out of your hand. Your own personal team of supporters will come in handy when you find yourself struggling or experiencing a moment of weakness.
If you're more of a private person, there are still ways to get support from others without asking your desk partner to snack on carrots with you. There are countless online support groups, programs and even apps for your phone that can help you stay on track, whether your goal is to lose weight, get in shape, or quit smoking.
Resolution Tip: Don't be afraid to be selective when it comes to forming your support group. Surround yourself with people who share the same healthy visions you do. Try to limit your interaction with negative people or influences, and know that it's perfectly okay to make yourself and your personal goals a priority.
3. Set up "check points" to measure milestones.
If you want to choose one goal and stick to it for the full twelve months, consider breaking the year down into small timeframes. Many people miss out on making positive changes because they immediately think, "I can't hit the gym five days a week for an entire year! What about holidays? What about summer? What about [insert excuse here]." Instead of choosing a resolution that sabotages itself before it even starts, write out a list of attainable achievement points. Exercise three to five days a week for one month. Then do two more months. If you know you're coming upon a busy month, reduce your workout schedule to three days a week, or an amount you know you can manage. You can always increase your plan for the next milestone. This way, you won't feel crushed and tempted to just forget the whole thing.
This same strategy can work for losing weight, eating healthier and getting more sleep. Using milestones can help you manage your expectations and hit your goals without feeling frustrated and defeated when life throws you a curveball, or your schedule changes.
Resolution Tip: Planning ahead and rewarding yourself go hand in hand when it comes to successful resolutions. If your goal is to lose 20 pounds, break it into five pound milestones, and reward yourself with each success. Just make sure you choose a healthy reward like new workout gear, fresh flowers or a day trip somewhere fun, not a hot fudge sundae.
4. Prepare for the resistance and sabotage.
If you do decide to completely give up one of your vices like cookies, caffeine or alcohol, be sure you have a game plan in place that will help you stick to your goal when temptation comes knocking, or when your body starts to fight back.
Be patient and have a little grace. It's completely possible to combat bad habits and create new ones if we are both realistic and intentional. We cannot "wing it.' We must be both strategic as well as tactically on purpose. In the morning and throughout the day do simple things like staying realistic and reasonable with your goals hourly, daily and weekly.
Practice these small changes allowing yourself to experience the success of even the smallest victory. If it boundaries in what you think, eat, or even hours at work and home. Take a few moments to celebrate the intentional effort.
Most people see making a resolution as a chance to better themselves. To look better, feel better, save more, earn more, develop a closer walk with God, and develop a spiritual depth and the list goes on. That's great, but you could also consider a resolution that focuses on others instead of yourself. Some people find that it's much easier and more rewarding to keep a promise to someone else rather than themselves. Give to someone who can't pay it back.
The options are truly endless, and can start right in your own home. Doing things like visiting nursing homes, donating food and clothing to charity, sending letters and cards (not email!) to family and friends, even just vowing to have more family dinners around the kitchen table, can have a profound effect on your life and health. Research shows that volunteering makes people feel healthier and improves their mood, stress levels and provides an overall sense of purpose. One study showed that volunteering created the greatest health benefit for people 40 years and older. The benefit increased as people got older and volunteered more.
In the end, there's really no such thing as an unsuccessful New Year's resolution. Every time you try to better your body, mind or spirit, it's a good thing—and it can happen any time of year. The best way to form a healthy habit is to choose something you like to do or have been meaning to do for years, and just start doing it. The better you can seamlessly add your goal to your everyday life, the more likely you are to succeed.
How Intelligent Is Your New Year Resolution Toward Decision Making?
Take the following quiz and see where you end up.
We make decisions every day. While simple decisions require a fairly straightforward decision-making process, complex decisions usually require more effort to properly deal with challenges such as uncertainty, risk, alternatives and consequences.
Because of the possibility of conflict and unwanted outcomes, making decisions can be stressful. Being aware of your strengths and weaknesses, and those of your team, helps alleviate that stress, and puts you on the road to taking decisive and intelligent action.
To determine whether your decision-making skills are as sharp as they could be, answer True or False to the following questions.
1. True / False: Prior to making decisions I ensure that I have established clear objectives that identify the desired outcome.
3. True / False: When a group decision is required, I know where to find the appropriate stakeholders and how to approach them to ensure they are represented accurately.
4. True / False: I make every effort to create a supportive environment in which debate, discussion and scrutiny of potential decisions can occur.
5. True / False: The overall objective is to make the best decision for the situation; the goal isn't to compete with colleagues or find the "perfect" answer.
6. True / False: Built into my decision-making process is the awareness and acceptance that the unforeseen will occur, and I have taken that into account without unnecessarily holding up the process.
7. True / False: I think in terms of responding rather than reacting. That approach will help to circumvent any problems that current decisions may create in the future.
8. True / False: I'm aware of my bigger purpose and use that insight to determine if the decisions I make reflect that purpose.
11. True / False: I make the distinction between decisions based on inner perception vs. impulse.
12. True / False: When I make a decision based on a "gut feeling," it comes not only from a feeling, but from my entire core of inner wisdom, experience and knowledge.
13. True / False: I want my life filled with people, circumstances and objects that reflect the real me, and my decisions reflect that.
14. True / False: I rarely second guess my instinct—when it feels right I go with it.
15. True / False: Not making a decision is a decision in itself, and sometimes the best course of action is taking no direct action at all.
16. True / False: With every decision comes an element of risk. Although it can be difficult to consistently predict outcomes, I use intellect as well as emotion to mitigate that risk.
If you answered true to 10 or more statements, you are a fearless and astute decision maker. If fewer, you may wish to explore your process of decision making. Please don't hesitate to call.
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(Reuters) - European stocks took a breather on Thursday after hitting an eight-month high in the previous session, with banking mergers in focus while investors awaited more developments in U.S.-China trade talks.
Commerzbank (DE:CBKG) shares rose 3 percent as the race to acquire the German lender heated up. The Financial Times reported that Italy's UniCredit was preparing a bid as Deutsche Bank's attempt faces obstacles.
Britain's exporter-heavy FTSE 100 continued to be pressured by a rise in sterling, boosted by hopes of progress or at least a longer Brexit delay as Prime Minister Theresa May seeks a joint approach with opposition leader Jeremy Corbyn to end a parliamentary deadlock.
Steel maker Thyssenkrupp (DE:TKAG) fell 1.5 percent as workers demanded substantial guarantees for jobs and plants even if a planned joint venture with India's Tata Steel falls apart.
Novartis dipped after an influential non-profit organization said the $4 million to $5 million value put on a course of its experimental gene therapy for spinal muscular atrophy (SMA) is excessive.
Among bright spots was the British home repairs provider HomeServe Plc, which led gains on the STOXX after forecasting full-year adjusted pretax profit at the upper end of market expectations.


I am MORTIFIED to learn that for some reason, I have no individual photos of these beautiful, beautiful homemade fruitcakes I was sent. Veda's cakes were both absolutely gorgeous, as you can see from the one--and only one--photo I have of the two cakes, flanking a home-made pie at my family's Christmas dinner. The dark fruitcake, towards the front, is surrounded by leftover slices of other fruitcakes I had reviewed during the year. That's the family tradition every since I created this blog - to feast on the leftovers from a season's review of fruitcakes (I freeze slices of any of the fruitcakes I deem worthy of being retained).
So as you look at the photo of my sister's beautifully festive table, the Dundee cake is towards the back, garnished with toasted almonds, while Veda's dark fruitcake is towards the front, garnished with fruit. I'll just talk about the dark fruitcake in this post, and provide the recipe as well in another post.
Veda's dark fruitcake contains pecans and walnuts as the nuts, and dates, golden and dark raisins, currants, glaceed cherries and candied lemon and orange peels for the fruit. If you've read my blog at all, you know how I'm not super keen on raisins in my fruitcake, as I think it gives it a syrupy burnt flavor, and the same was true with this cake. But that is simply an individual preference, and let me tell you, beyond that, I still ate the whole cake up. The glaceed cherries were of very high quality, and Veda even sometimes candies her own oranges and lemon peels, so all the ingredients were quite delicious. It has a delicious boozy flavor, from both brandy and rum. Yum. As recipes go, I'd say it's a keeper.


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Tell students that this is the fourth activity of their competition. The group who gets a bingo first earns 5 competition points. Instruct the students to sit with their Brain Power! Challenge groups; however, explain to them that, for this activity, they will participate individually and each play their own card. Only one person in the group is required to get a bingo for the team to earn the 5 points.
Pass out a bingo card to each student. Using the word bank at the bottom of the card, instruct students to write a word in each of the spaces on the card. Each word should only be used once.
Using the teacher bingo sheet, read each definition in order always announcing the number first because this is how the students will mark their cards. For example: Number 1—The active chemical in marijuana. At this time, instruct students to find the answer on their cards and mark with a "1." Continue reading the definitions in order, reminding students to mark the answer with the definition's number, until someone yells, "Bingo". Inform the students that they need to get 5 in a row—diagonally, across, or up and down. Other bingo patterns can be substituted if you choose to do so.
Use the teacher bingo sheet to check for correct answers. Marked words should correspond with definition numbers. If the player gets all answers correct, that team earns 5 points. If any of the answers are wrong, the game continues until someone wins.
Record the team points on the Group Scorecard.
In the 1960s, some people thought that marijuana was a "safe" drug. However, new research presents a different picture of this drug. During this activity, students have an opportunity to find out for themselves the latest research on the effects of marijuana on the body and brain.
Study current research about marijuana.
Create a scientific poster presenting findings from the research. The poster should include statistics about marijuana use, results of recent research, charts and graphs providing important information, and any other relevant findings.
Have each group present its findings to the class.
After all groups have presented, brainstorm as a class different ways of educating the general public about the latest marijuana research.


text:
Proxy Vote
Offered an opportunity to give their voting power to a representative
Generally, a proxy is a "written authorization to act in place of another." In simpler terms, the proxy statement is used by companies to seek approval from shareholders on issues related to corporate governance.
It also informs voters on the range of issues on which they will vote, recognizing that the majority of shareholders vote remotely "by proxy" instead of attending the company's annual meeting.
Moreover, it is a form of voting where a member of the concerned decision-making body is offered an opportunity to give their voting power to a representative so they can enable a vote in their absence.
These days, very few investors attend shareholder meetings in person; thus, most votes are cast as "proxy votes."
Therefore, proxy voting used in two instances:
When a shareholder is unable to attend the company's annual meeting
When a shareholder doesn't want to vote on a certain issue
Furthermore, there are two types of proxies: general and limited.
A general proxy is written in such a way that it gives the proxy holder the right to vote as they see fit on any business that may come up in a meeting.
A limited proxy includes on the proxy the business to be voted on, as well as a place for the member to sign and date the proxy.
How a Proxy Vote Works
Annual meetings are held so a publicly-traded company can report its recent activities to its shareholders.
A process is followed before publicly-traded company shareholders receive information on topics to be voted on during that meeting, such as share of ownership, for example.
The company in question might post proxy materials online, which are:
Annual report: containing information related to the company's financial position
Proxy statement: a booklet describing the issues to be voted on
Proxy card: offering voting instructions
However, these materials might also be sent in the mail to investors who are eligible to vote.
Any investor is given a choice to attend the annual general meeting (AGM) either physically or not.
In case they are not able to make it, investors may elect someone else to vote in their place, such as a member of the company's management team.
The person designated is therefore identified as a proxy and will cast a proxy vote based on the investor's wishes.
It can be cast either by mail, phone, or online.
How to apply for a Proxy Vote?
It can be applied using a paper form. It is mandatory to send it to your local Electoral Registration Office.
If you want to vote in England, Scotland, or Wales, you need to apply for a proxy at least six working days prior to election day.
When it comes to voting in Northern Ireland, for example, there's a different form to apply to vote by proxy.
It is imperative to apply at least 14 working days pre-election date.
However, if the deadline has passed, it is still possible to apply for an emergency proxy vote if both involved parties:
Are unable to vote in person due to employment or disability
Became aware of that reason after the proxy deadline
An "appropriate person" (whether your employer or doctor) is required to sign the application form.
After the COVID-19 pandemic, it also became possible to apply for an emergency proxy vote if the person concerned had to self-isolate.
As we all know, physical attendance at general board meetings is not always possible due to many reasons.
In such cases, when companies face restrictions, they may choose to conduct meetings entirely online.
In fact, companies worldwide have witnessed increased participation when e-meetings and e-facilities take place.
The e-proxy system offers a structured online platform to process electronic proxy appointments and voting instructions by shareholders.
When it comes to e-meetings, the shareholder or member in question connects to their space using a code or invitation they have received beforehand. In fact, from this space, they can carry out their proxy.
Once the representative has been appointed, a pdf file is generated, allowing an electronic signature of a power of attorney.
Elements of a Proxy Vote
You might be wondering what it consists of.
Some of the elements are:
Application from the voter stating the reasons for wanting proxy & identifying the person assigned
Evaluation of the reasons by the electoral management body and whether the proxy name is qualified to act as a proxy or not
The advice provided to the voting station manager in voting stations
Verification by the voting station manager that the proxy is, in fact, the person appointed by the voter before proceeding to vote
Advocates of proxy voting believe that conscious and active proxy sends a message to companies that shareholders wish to remain involved and expect honest and responsive management.
Most corporations give shareholders a great deal of power, including the right to elect board members and vote on certain compensation issues.
Shareholder resolution has the potential to promote change.
Nonetheless, one important facet is that most proxy proposals are non-binding. This means that even a majority vote doesn't require management to act.
The impact of proxy might increase in the future due to a proposal by the SEC, which would allow shareholders more access to a company's proxy ballot to name external directors.
How long are proxies valid?
Unless mentioned otherwise in the proxy or the company's governing documents, a proxy is valid for three years from the date it is signed.
Can a voting proxy be revoked?
Notwithstanding the period of irrevocability specified, the proxy becomes revocable when:
The pledge is redeemed
The agreement purchase is terminated
The seller either dies or does not own any shares
The debt of the corporation is paid
Does proxy voting make a difference?
The organizing efforts for proxy voting have grown stronger over the years.
Yes, it does make a difference.
Corporate board elections are a great example, as board composition can make a difference in the company's overall performance.
Who can act as a proxy?
You can ask anyone to act as a proxy, as long as they satisfy the following conditions:
They are registered to vote
They are allowed to vote in the type of election taking place
They can vote in the polling station stated on your poll card
In case the person assigned to act as a proxy cannot make it to your polling station, they will need to contact your local Electoral Registration Office to cast their proxy vote by post.
What is the biggest problem with Proxy Voting?
It is opaque, complex, and often hard to tabulate accurately.
Also, the lack of an auditable, end-to-end trail makes it hard to verify whether votes were cast and counted properly.
Members who don't attend the meetings can't hear the actual conversation and might base their vote on misinformation or no information at all.
Are proxies counted in the quorum?
It depends on whether the bylaws or state laws grant it.
If there is no provision for it in the governing documents, then proxies are not counted in the quorum.
For example, both the Washington HOA Code and the Condominium Act allow for proxies to be counted in the quorum of a meeting.
Everything You Need To Master LBO Modeling
Researched and Authored by Céline Khattar | LinkedIn
Adjusted Funds From Operations
Junior Tranche


text:
Front Page Politics U.S.ON CAPITOL HILL
Claim: Congressman 'exposed self' to female staffer
'He opened the door dressed in only a towel'
Published November 14, 2017 at 2:43pm
(THE HILL) -- Efforts to combat sexual harassment on Capitol Hill gained momentum on Tuesday as female lawmakers shared stories of male colleagues engaging in predatory behavior.
Lawmakers in both parties had already expressed support for mandatory sexual harassment awareness training, which currently is only voluntary for legislative branch staffers. But they went further in a House Administration Committee on Capitol Hill's harassment policies and said even more can be done in a male-dominated workplace where sexual harassment can be pervasive.
Rep. Jackie Speier (D-Calif.), in testimony before the panel, said at least two current members of Congress have engaged in sexual harassment.


text:
TRD Miami Showcase
A dozen single-family homes planned in Lakeview with $2M asking price
Lexington Homes bought site after a developer's plan to build 28 townhomes fell apart
Street view of 1225–35 West School Street with former rendering plans (Google Maps)
A dozen single-family homes priced at about $2 million are coming to Lakeview next year.
Family-owned Lexington Homes aims to build the three-story houses on a 41,000-square-foot property at 1225–35 West School Street following the collapse of another developer's plan to build 28 townhouses early this year, Crain reported.
Lexington bought the site four months after the City Council voted to downzone the site in June. The price of the site, home for more than 40 years to Craftsman Plating & Tinning Corporation, wasn't undisclosed.
The homes will come in two models that are about 4,200 and 5,000 square feet and include rooftop decks and detached garages. Construction is expected to start next year and be complete in late 2022.
While the developer plans to price the homes a minimum of $2 million, there may not be demand in that range. Only one Lakeview home is listed at that price, compared with at least 13 sold in the past two years.
The median home price in Lakeview last month was about $390,000, down 16 percent from the same period last year, according to Redfin.
Lexington's previous highest-priced homes were in Glenview, where the asking price was between $1.1 and $1.4 million.
Lexington is also working on another development to build 50 single-family homes in Norwood Park. The townhomes are expected to go on sale next spring for up to the low $800,000s.
[Crain's] – Connie Kim
Contact Connie Kim
constructionDevelopmenthome builders
Lincoln Park mansion prices doubles in less than a year
South Side Chicago strip mall to be redeveloped
Eight lots on site of former Chicago nunnery to ask $21.5M
Chicago to invest $1B in affordable housing more than double the 2019 allocation
Chicago seeks funds from Biden bill for long-awaited Red Line extension
Nun of the above: retreat to become apartments
Australian firms snag $117M loan for South Loop's residential project
Former Obama Fundraiser Tony Rezko's son paid $13.7M for 22-story building site


text:
Q: Creating a link to a javascript function I'd like to link to a specific button that is activated with js.
Here is the page
Right now the "Base Vessel" image collection (bottom of page) is displayed when opening the page.
I want to be able to display directly "Fitness center" image collection instead whith my link and also scroll down.
Is this possible to code this in a link?

redpajama_set_name: RedPajamaStackExchange


All tested set to 200 dpi.
This is not optimal for graphics.
I think the methods for "automatic" should be worked over.
All what's imported from a PNG should be compressed looseles.
All what's imported as a JPG should be compressed loosey.
Sometime's, it happens that a PNG graphic shrinked to a smaller size has more kb than the original.
I guess the major question here is: What image compressions are allowed in a PDF?
I guess this page gives a hint on what formats are possible to use.
Scribus main target is printing, when printing the print quality is more important than file size, that's probably why the automatic setting gives big files.


text:
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            'label' => 'Display Name',
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redpajama_set_name: RedPajamaGithub


The exhibition will present the identity of Slovenian clothing culture and Slovenian identity through eight women's dresses, displaying the expressive sharpness of the Slovenian design through focus on local patterns.
Curated by Eric Maj Potočnik, with a dress selection by himself, Matjaž Plošinjak and Nina Jagodic, and the oh-so poetic supporting text by Denis Pucelj, Slovenia is being presented through a diverse selection of keywords, implying the authenticity of a small, yet creative nation. Future oriented, but with awareness of its heritage – from the pureness of the late master Zoran Garevski and the very sustainable IDENTITY DRESS 2013 designer Nika Ravnik, to new design forces, and the core of the IDENTITY DRESS concept – "La Métamorphose" little black dress by Eric Matyash.
Stay tuned for more information on I feel the Dress, or even better – visit the exhibition inside the ground floor hallway of the National Museum of Slovenia any day between 20 November and 13 December 2015!


text:
the sloppy copy
'the nonsensical ravings of a lunatic mind'
Read this, too
sotd 07.06.10
Happy Birthday to BK. I wish you dozens more cancer-free birthdays.
"Joey" / Sugarland (2008)
It's such a sad song. But it means a lot to him, which means that it means a lot to me.
Film review: Behind Enemy Lines
Yeah, yeah, yeah: it took me nine years to see this movie. I've been busy, 'k? Anyway.
This film is unique in that I'm able to (almost) completely forgive the bad-ness (bleh dialogue, unbelievable action sequences) because the good-ness (Owen Wilson's character, the believable action sequences) managed to stick in my memory more.
First off, the most basic of summaries: Wilson is Lt. Chris Burnett, a Navy pilot shot down during a reconnaissance mission over Bosnia and Herzegovina. Gene Hackman is Adm. Leslie Reigart, the guy who (esssentially) tries to get him back. And yeah, that's really all you need to know. If I have to explain the meaning of the film's title, kindly navigate away from this page and never visit again, because the stupid might be catching.
Second off, here is what I like:
Burnett is not the easily likable, oh-so-resourceful, uber-industrious, hyper-obedient Tragic Hero of so many other war dramas. He's actually kind of an insolent little punk, not in an irritating way but a realistic one. I mean, really: how many career military men do you know who aren't (at least sometimes) cocky and full of themselves? I say this with love and admiration: We don't win wars with meek and deferential soldiers.
Ahem. So Burnett is a wise-ass who finds himself pretty severely fucked, and reacts accordingly. He needs to get his shit together before the automatic Survival Mode kicks in, and this seems pretty reasonable to me.
But let's back up: I also said that there were some believable action sequences. Particularly, The Big One: the actual shooting-down of ze aircraft. Heat-seeking missiles seek heat. They don't travel in straight lines. Being engaged with one is, you know, bad. Not having actually been in this situation myself, I prefer this film's depiction as opposed to others I've seen. I mean, not that I actually want to see this sort of thing, but you know. I'll leave it at that.
So there's the good. Are you ready for the bad?
I've established that Burnett is, in fact, Behind Enemy Lines. Did I also mention that he's being manhunt-ed by one rogue dude in a track jacket? He's a Bad Guy because he chain smokes. Actually, that's a pretty Universal Sign of Bad Guy-ness, am I right? Well, Track Jacket (his character's name is Sasha, but let's go with TJ)… TJ is tracking Burnett through the woods and the mountains and the everything else. And TJ is good at what he does – better, really, than Burnett is at evading. But the Final Showdown between the two… man!
Let's just say that I did not know that Navy pilots were trained in the art of sliding across frozen lakes while shooting, one-handed!, at the enemy with a 9-mil. The scene is horribly priceless, and exactly what I assumed the rest of the film would be full of. Thankfully, it wasn't.
Originally, I Netflix'd this one because I was intrigued by the casting: Owen Wilson? Really, Casting People? I just didn't see it. Actually, no: I had to see it. I assumed the absolute worst, but ended up being pleasantly surprised.
Also, for what it's worth: this film is (loosely) based on the true story of Scott O'Grady.
the facebooks
Search for stuff on this site (no porn, sorry)
RT @PapaJohns: Just ordered @PapaJohns! Use promo code PAPATRACK for 25% off your next regular menu price order. US/Online Only. #PizzaMood… 8 months ago
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text:
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Home » Tom Clancy Code of Honor (A Jack Ryan Novel #19) (Hardcover)
By Marc Cameron
(Save: $8.99 30%)
This is book number 19 in the A Jack Ryan Novel series.
#17: Tom Clancy Power and Empire (A Jack Ryan Novel #17) (Paperback): $9.99
#18: Tom Clancy Oath of Office (A Jack Ryan Novel #18) (Paperback): $9.99
As President of the United States, Jack Ryan has faced many challenges, but none have been as personal as this and never has he been this helpless in the face of evil in the latest entry in Tom Clancy's #1 New York Times bestselling series.
Father Pat West, S.J. was a buddy of the young Jack Ryan when they were both undergraduates at Boston College. Father West left a comfortable job in the philosophy department at Georgetown to work with the poor in Indonesia. Now he's been arrested and accused of blasphemy against Islam.
President Ryan is desperate to rescue his old friend, but he can't move officially against the Indonesians. Instead he relies on the Campus team to find out who is framing the priest.
There's one other twist to the story. President Ryan discovers a text on his private cell phone from the priest warning about a coming attack against America...
A little more than thirty years ago, Tom Clancy was a Maryland insurance broker with a passion for naval history. Years before, he had been an English major at Baltimore's Loyola College and had always dreamed of writing a novel. His first effort, The Hunt for Red October, sold briskly as a result of rave reviews, then catapulted onto the New York Times bestseller list after President Reagan pronounced it "the perfect yarn." From that day forward, Clancy established himself as an undisputed master at blending exceptional realism and authenticity, intricate plotting, and razor-sharp suspense. He passed away in October 2013.
A native of Texas, Marc Cameron spent twenty-nine years in law enforcement. He served as a uniformed police officer, mounted (horse patrol) officer, SWAT officer, and a U.S. Marshal. Cameron is conversant in Japanese, and travels extensively researching his New York Times-bestselling Jericho Quinn novels. Cameron's books have been nominated for both the Barry Award and the Thriller Award.
Publisher: G.P. Putnam's Sons
Series: A Jack Ryan Novel
Fiction / War & Military
Paperback, Large Print (November 19th, 2019): $32.00
Library Binding, Large Print (December 25th, 2019): $37.99
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The Republicans drove the United States into a ditch so they could grab the White House. We can't let them get away with it.
For the last two years Republicans stonewalled every attempt to get the economy going again. If the economy improved, Obama would be reelected. That would disrupt their business plan.
Paul Ryan is a liar and a hypocrite. He actively sought federal pork while saying he was opposed to pork. He was part of a budget deal that would withhold funds from the military if the Congress of which he was a part did not do its job, which it did not partly because of his efforts, and now he says he will go back on his word.
Ryan opposes abortion in every situation as dictated by his Pope, as does Mormon Bishop Mitt Romney, and both refuse to admit when and how they would impose their religious beliefs on the rest of us.
Romney will say anything, and has, to get elected. He tears down the Presidency, makes a mockery of America's place in the world, then says our President diminishes the office. Romney plays the bigot in Israel and says stupid things about the English and brags about his wealth.
Both men were born on third base and pretend they hit a triple. Romney says culture is what creates success, by which he means the Mormon culture. Ryan is an acolyte of atheist Ayn Rand but picks bits of her "philosophy," such as it is, that justifies his belief in himself. God, what a pair of putzes. With no compassion whatsoever, their hunger for power shows so little class.
Romney/Ryan want to end Social Security to enrich Goldman Sachs, the bankers who ruined the economy then profited from the chaos.
Romney/Ryan want to end Medicare to enrich the insurance industry which will enrich them in turn and pay their political hyenas.
Romney/Ryan want to rig the "non-free market" in favor of large corporations in which they have a stake, to hell with individuals, laborers and small business owners.
Romney/Ryan will take away individual rights and give them to giant corporations who view all citizens simply as consumers.
Romney/Ryan lie and cheat and steal. We can't let them steal our country. We just can't.
God you are so right on. Too bad Romney/Ryan couldn't be honest like Obama. A typical, tell-it-like-it-is, stand up, Chicago democrat.
We've got the bucket of water to throw. Just a matter of time until we have the broomstick.
"Chicago Democrat." That's it? That's all you got? That's the extent to which you address the issues raised?
Facts don't matter to you people, do they? You are sheep.
After being herded to another shearing, as if the last one the bankers and their minions in Congress gave you wasn't close enough, you turn off your brain and believe talk radio lies.
You are sheep. The corporatists are lying to you and laughing at you as they run you from pen to pen making you pay for using their gates.
Chicago politics is a national cliche. But here's a line from a recent article in the Christian Science Monitor... a damn fine and reputable journalistic source by just about everyone's standard.
"The Chicago area is the most corrupt federal jurisdiction in the United States, having averaged 51 public corruption convictions each year since 1976, according to a new report."
Obama is cut from this cloth.
One definition of bigotry is to blame a group for the actions of an individual. You are a bigot.
Proof? Even the Monitor (not quite the paper it used to be) does not assert that every Chicago politician is corrupt. Let's agree that the Chicago jurisdiction is the most corrupt, but also agree that not 100 percent of the politicians in Chicago are corrupt.
You don't like Obama so you grab the flimsiest of associations and assert he has those characteristics.
Our president is Black, too. And from Chicago. Does that mean he's a Jazz musician? A crack smoking gang banger?
That's all you need? No, not in this debate it's not.
A blog of things Oregon: politics, weather, living and laughing, shouting and crying and all that. Eye On Oregon is a point of view on our unique and wonderful place.
I am in the category of imbeciles you seem to understand, so, please fill me in on the disconnect. I googled "eyeon" for all sorts of bad reasons, mostly having to do with my poor keyboard skills, flipped through a couple of google pages while watching the rice burn, and voila! Something on the myths of Oregon runs in blue across the google results (disorganized in less than 3 seconds).
Okay. I'll wade a little further into this mud. Mud-wrestling without the benefits. I'm not real good in mud with clothes on -- hence, speed just ain't gonna happen here. So read my bad typing work very, very slowly to make certain I can keep up with you.
For example. "The Republicans drove the United States into a ditch so they could grab the White House. We can't let them get away with it." Perhaps you could explain, Lucy on the Oregon connection. (1) I know that Oregon is somewhere near one of the famous Washingtons or something like that, but does Oregon really have a White House? If so, are there some stiff, fearsome military cyborg types with the latest Bourne technology in their hands walking around on the roof? (2) I also know that Oregon has driven itself into some kind of economic ditch, but has it rear-ended the United States into a ditch as well?
Oh. Wait. I get it. You're ranting about NATIONAL politics without the fun of Saturday Night Live.
What laws were or weren't passed that kicked the crutch from out under the hobbling US economy?
What independent think tanks vetted the laws?
Who did / didn't vote for them?
How did the administration back the 'right thing'?
Oh yeah, you're thinking I'm one of those Republican types. I'd say "evil" Republicans, but, given your definition of the political party, that's probably redundant.
Nope, nope, nope. Just a person without ID who was looking for the myths on the mists of Oregon.
Since there is nothing on Oregon in the blog, can you help with the info that feeds the national rant?
As to what seems to be the substance of your complaint, Oregon is deeply affected by elements of this election. But I agree the connection has become too tenuous and it would be better to make it more direct.
No, Republicans are not "evil," though the Romney / Ryan team is about as dishonest as anything we have seen. Independent think tanks? Independent says who? Do they now, like corporations, have rights of "personhood."
What laws were passed that kicked the crutch? Phil Graham's Wall Street-inspired repeal of banking regulations, among others, that allowed "too big to fail" and the casino mentality that affected our financial system (and fed piranha like Bain Capital).
Then Republicans in Congress smelled an opportunity: If they could stonewall the recovery and blame Obama for problems created by Cheney and Rove (two unfunded wars while negotiating tax cuts for the wealthy), they could sweep to a win.
This was part of a strategy long in the making, developed by of the "independent think tanks" you revere, in fact. It was called "starve the beast" and came from the Heritage Foundation, I believe, though memory dims. It was designed to change the culture by introducing hardship.
Know what's weird? I am a fiscal conservative (unabashed social Liberal) and agree with the right about the dangers of entitlements, the value of risk, work, disparity in income etc. But Republicans are not fiscal conservatives anymore. Their "free market" has morphed into "anything goes."
The "free market" of ideas championed by Jefferson requires an honest discussion and we are not being offered that by the right. Instead, it is a game of misinformation as they believe "whatever it takes to win, the ends justify the means."
the way Mitt Romney actually made his fortune: by borrowing vast sums of money that other people were forced to pay back.
Apparently somebody has a severe case of cognitive dissonance.
We have reviewed your comment and believe cognitive dissonance is a survival trait when exposed to the lies of Romney-Ryan.
"We will cut taxes for the rich AND reduce the deficit but we won't tell you how ( we won't even give you details because if you figure it out you will vote for the other guy)."
"We will replace Medicare with vouchers but we won't tell you what health will cost you per year out of pocket." (You will find out sooner or later).
"We want you to trust us with your country but won't show you our tax returns." (Because we are better than you).
By the way, did you know Romney is still getting money from Bain? Did you know that Bain invests in hospitals? Wow.
I wonder how much recent Bain money is hidden in those documented offshore accounts in the Cayman Islands? From 2009? 2008?
You don't suppose Romney actually profited from the collapse of our economy? From Goldman Sachs? From the GOVERNMENT BAILOUT???
Mitt Romney: Mormon missionary to America?


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The Epistle of the Gallican Churches, Lugdunum and Vienna: With an Appendix Containing Tertullians Address to Martyrs and the Passion of St. Parpetua by Ca 160-Ca 230 Tertullian
The Epistle of the Gallican Churches, Lugdunum and Vienna: With an Appendix Containing Tertullians Address to Martyrs and the Passion of St. Parpetua
This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible.MoreThis work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work.As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant. The Epistle of the Gallican Churches, Lugdunum and Vienna: With an Appendix Containing Tertullians Address to Martyrs and the Passion of St. Parpetua by Ca 160-Ca 230 Tertullian
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Sergey Zuykov
Managing Partner / Patent Attorney of the Russian Federation / Eurasian Patent Attorney
A license agreement is a basic and indisputable form of the right holder's consent to use a trademark, while other types of such consent can still be guided mainly by law enforcement practice.
Approaches to assessing the form of consent in these cases largely depend on the circumstances in which such consent of the right holder was required.
For example, in a 2022 case N A41-13514/2020, the issue of the consent of the trademark owner was raised in order to agree on the placement of a sign on a pharmacy. In a case that reached the Supreme Court of the Russian Federation, the company applied to the administration for the provision of the service "Coordination of the installation of an information placement medium", attaching to the application the consent of the trademark owner for its use by the company.
The administration refused approval due to the fact that the administration considered the consent of the copyright holder to use the trademark in the absence of registration of the right to use it as inadequate evidence.
The recognition of the refusal as illegal was denied by all courts, since the consent of the trademark owner submitted by the company was not a proper confirmation of the right to use it - after all, the applicant did not provide evidence of registration of such a right.
In the cassation appeal filed with the Supreme Court of the Russian Federation, the company indicated that the written consent of the copyright holder received by it to use the trademark does not contradict the Civil Code of the Russian Federation . The applicant believed that the current legislation does not bind the expression of the consent of the copyright holder to use a trademark with a certain form, and the use of the result of intellectual activity is covered by the exclusive right of the copyright holder and does not require the mandatory conclusion of an agreement.
The Supreme Court of the Russian Federation noted that the list of ways to dispose of the exclusive right to a trademark is not exhaustive and is at the discretion of the right holder. Thus, by providing the applicant with his written consent to use the trademark, the right holder has lawfully disposed of his exclusive right.
In another case - on the recovery of compensation - the infringer referred to the exhaustion of the exclusive right to a trademark and emphasized that there were no requirements for the form of the consent of the trademark owner to introduce goods into civil circulation, and therefore believed that such consent could be expressed in any writing. He considered business correspondence to be such a form.
The court pointed out that the absence of a prohibition of the right holder is not considered consent (permission). Art. 1487 of the Civil Code of the Russian Federation does not really contain an indication of the form in which the consent of the right holder to use the trademark on the goods put into circulation on the territory of the Russian Federation or the country party to the Treaty on the Eurasian Economic Union should be formalized, but this does not mean that the right to use the trademark sign without concluding an agreement can be drawn up in any form.
The IP Court emphasized that consent must be expressed in a form that allows one to reliably identify the addressee of the consent, is capable of being perceived by the addressee, and will allow him, in the event of a dispute, to prove the issuance of such consent. With regard to the import of the original product and its further sale, the court noted that the will of the right holder to use the trademark by a specific person may follow, in particular, from documents confirming the right holder's application to the customs authority to enter the trademark in the customs register with the definition of authorized importers. There were no such documents.
In another case on the recovery of compensation4, it turned out that the absence of objections from the right holder was enough for the court - dismissing the claim, the court indicated that, according to the answer of the authorized representative of the company, the trademark right holder did not object to the resumption of the release of the disputed goods - that is, in fact, agreed to enter the disputed batch of goods into civil circulation, which excludes violation of the exclusive right to a trademark.
In case N А56-70471/2020 the company was not held liable under Art. 14.10 of the Code of Administrative Offenses of the Russian Federation, since the right holder informed the customs authority of his consent to use the trademark by a corresponding letter on the day when the company filed the corresponding declaration for the goods marked with the trademark. Additionally, the specified consent was confirmed by the right holder during the consideration of the case of an administrative offense.
Trademark termination cases traditionally abound in various forms of trademark consent.
For example, in case No. SIP-380/2015, the plaintiff emphasized that the only form of consent of the right holder to the use of a trademark by a third party is the conclusion of a license agreement between them. However, having considered the letter of consent and not establishing the vices of the will of the copyright holder, the court concluded that the trademark is still used with the consent of the copyright holder.
At the same time, in case No. SIP-110/2013, the court leveled even the importance of defects in the will of the right holder, indicating that when establishing the fact of using a trademark under the control of the right holder, the court should evaluate all the evidence presented in their entirety, regardless of the presence or absence of defects in the expression of this will.
Practice allows us to establish that, according to the IP Court, as a general rule, the will of the right holder to use a trademark by a third party can be expressed in an agreement with this third party; such agreements, in addition to the license agreement, may be a commercial concession agreement, a simple partnership agreement, a work contract, an agreement for the provision of services for a fee.
At the same time, the will of the copyright holder can be established without any of the above agreements or letters of consent - for example, if there are corporate relations between the copyright holder and the user of the trademark. In case No. SIP-247/2013, the use of a trademark under the control of the right holder was confirmed through the performance by the person using the trademark of the functions of the sole executive body of the right holder. At the same time, no other document formalizing the consent of the trademark owner, except for the agreement on the transfer of powers of the sole executive body, was submitted.
Thus, law enforcement practice also offers other forms of consent of the right holder to use a trademark, in addition to the traditional license agreement, and it can be stated that these forms depend on various types of circumstances in which such consent is required.
Originally published in Trademark Lawyer, Issue 5/2022
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New Release Blast: Shades Series Box Set by H. D. Thomson
From multi award-winning author, H. D. Thomson, comes three stories of romance, mystery and suspense. A simple pair of sunglasses aren't so simple. They're deadly.
Deadly Shades
Kennedy Sinclair is given a pair of simple sunglasses. Or so she thinks. Within twenty-four hours, she discovers they are far from simple or normal. The lenses open a door to the dark side of her personality and a serial killer, who turns his focus on her. Can she outwit, outrun a murderer? And if she survives the night, does she have the strength to become the person destiny has created for her?
Shades of Holly
Enter Zach Howard, a man who's finally managed to get his life on track, until that is, he comes across a pair of otherworldly sunglasses. Once on, they reveal scenes of a past he would like to forget and a future he finds terrifying. If he can trust what the visions portray, Holly, the one woman he's never stopped loving, is in danger of a psychopath.
Christmas is a breath away, but will Holly take her last breath? Holly has no idea what fate has placed in front of her this holiday season. Two years before, she turned her back on Zach because she wasn't strong enough to deal with his broken soul. This time around, does she have the courage to fight for Zach's life at the risk of her own? Or can miracles and angels save them both?
Killer Shades
Jenna Barnes slips on a pair of simple sunglasses, but they're not so simple. Jenna soon realizes they're dangerous when people start dying, including her soon to be ex-husband. His unnatural death has her on the police radar as a prime suspect. After all, she had the most to gain. But one of those police officers is none other than Kyle Newman, a man she'd loved and dumped five years ago.
Kyle Newman doesn't believe Jenna killed her husband, and he sets out to protect her, only to become a suspect himself in her husband's death. The killer is still out there. If Jenna doesn't stop asking questions, he knows she could be next. He needs to guarantee that doesn't happen. But is he willing to lose his career, even his life to save her? Because a pair of sunglasses can kill, and he's soon going to find out the death of Jenna's husband is just the beginning.
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