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Foreign Supreme Courts
433 Phil. 124
[ G.R. No. 146845, July 02, 2002 ]
SPOUSES MICHAELANGELO AND GRACE MESINA, PETITIONERS, VS. HUMBERTO D. MEER, RESPONDENT.
PUNO, J.:
Before us is a petition for review on certiorari[1] under Rule 45 of the Rules of Court, assailing two Resolutions of the Court of Appeals in CA-GR SP No. 52942 dated October 10, 2000 and January 26, 2001, respectively. The first Resolution[2] denied petitioners' Petition for Relief from Judgment while the second Resolution[3] denied reconsideration thereof. The antecedent facts are as follows:
Respondent Humberto Meer is a registered owner of a parcel of land located at Lot 15, Block 5, Pandacan, Manila evidenced by TCT No. 158886. Sometime in June 1993, he applied for a loan to construct a house thereon. However, he discovered that his certificate of title has been cancelled and a new one, TCT No. 166074, was issued in the name of spouses Sergio and Lerma Bunquin. The latter acquired said property by virtue of a deed of sale dated June 3, 1985 purportedly executed by respondent in their favor.[4]
On January 12, 1994, respondent sought the cancellation of TCT No. 166074 with the Metropolitan Trial Court of Manila, Branch 10. On the same day, a notice of lis pendens was annotated at the back of TCT No. 166074.[5]
On June 15, 1994, while the case was pending, TCT No. 166074 was cancelled and replaced by TCT No. 216518 issued in the name of the petitioners, spouses Michaelangelo and Grace Mesina. It appears that the subject property has been conveyed to the petitioners on September 28, 1993, even prior to the annotation of lis pendens. The Absolute Deed of Sale evidencing the conveyance was notarized on the same day, including the payment of taxes appurtenant thereto. The transfer of the title from Lerma Bunquin to petitioners was effected only on June 15, 1994 because of some requirements imposed by the National Housing Authority.[6]
Due to the foregoing developments, Meer impleaded petitioners as additional party defendants.[7]
Defendant-spouses Bunquin never appeared during the hearings, leading the court to declare them in default. Petitioners, however, participated actively in defense of their position.[8]
In its Decision dated February 16, 1998, the trial court ruled that the alleged sale between Meer and Banquin was fraudulent. However, petitioners were adjudged buyers in good faith and thus were entitled to the possession of the subject property. Pertinent portion of the decision reads:
"It bears notice that defendant-spouses Mesina not only relied on what appeared in Lerma Bunquin's title but beyond the latter's title and even made verification with the NHA and sought legal advice prior to the subject property's purchase. Their actuations incline the court to hold and consider that defendant-spouses Mesina acted in good faith when they acquired subject property.
As a basic rule, every person dealing with registered land may safely rely on the correctness of the certificate of title and issued therefore and the law will no longer oblige to go beyond the certificate to determine the condition of the property (Director of Lands vs. Abache, 73 Phil. 606). Also, persons dealing with the property covered by the Torrens certificate of title are not required to go beyond what appears on the face of the title (Pino vs. CA, 198 SCRA 434).
Measured by the above criteria, defendant-spouses Mesina were indeed purchasers in good faith and purchasers for value of subject property, and consequently, they have the right to the possession thereof which is presently titled in their names. xxx
WHEREFORE, judgment is hereby rendered dismissing the complaint against defendant-spouses Michael and Grace Mesina and the Register of Deeds of Manila. The counter-claim of defendant spouses Mesina against the plaintiff is hereby denied for lack of merit.
Defendant spouses Sergio and Lerma Bunquin are ordered:
To pay plaintiff the value of the subject property based on the prevailing price on the date of the decision;
To pay the plaintiff exemplary damages in the amount of P20, 0000.00;
To pay attorney's fees in the amount of P30, 000.00.
SO ORDERED."[9]
Respondent Meer filed a Motion for Reconsideration against the said Decision but the trial court denied the same. Respondent thereafter filed an Appeal with the Regional Trial Court.
Reversing the ruling of the MeTC, the Regional Trial Court[10] ruled that petitioners were not purchasers in good faith, reasoning that it is the registration of the Deed of Sale, and not the date of its consummation that will confer title to the property. Since the Deed of Sale was registered subsequent to the annotation of the lis pendens, petitioners were bound by the outcome of the case, viz:
"Having thus correctly ruled that the Deed of Sale between plaintiff Humberto Meer and Sps. Bunquin was a forgery and that the signature of Humberto Meer was forged and having recognized that a priorly registered lis pendens is superior to a belatedly registered Deed of Sale because the efficacy of the belatedly registered Deed of Sale depends upon the outcome of the case for which the lis pendens was annotated and having come to the conclusion that the case filed by Humberto Meer against the Bunquin is legally correct and justified, this court therefore has no other alternative but to rule in favor of the appellant and order the cancellation not only of the title issued in favor of the Bunquin but also of the title issued in favor of the Mesinas. The Court cannot consider the latter as buyers in good faith.
WHEREFORE and considering the foregoing, the appealed decision is therefore reversed and a new one is issued in favor of the plaintiff and against the defendant annulling the Deed of Sale executed by Humberto Meer in favor of defendants Sergio and Lerma Bunquin and ordering the Register of Deeds of Manila to cancel TCT No. 166704 issued in the name of the defendants Bunquin and TCT No. 216518 in the name of defendant Mesinas and restore TCT No. 158886 in the name of plaintiff Humberto Meer; ordering the defendant jointly and severally to pay plaintiff the sum of P 50,000.00 as attorney's fees, plus the costs of suit. The counterclaim of defendant Mesina is dismissed for lack of merit.
SO ORDERED."[11]
Petitioners appealed to the Court of Appeals, which affirmed the ruling of the Regional Trial Court in a Resolution dated May 10, 2000.[12]
On July 17, 2000 and after reglementary period for appeal has lapsed, petitioners filed a Petition for Relief from Judgment and prayed that the Court of Appeals set aside its Resolution dated May 10, 2000 for the following reasons: (a) extrinsic fraud was committed which prevented petitioners from presenting his case to the court and/or was used to procure the judgment without fair submission of the controversy; (b) mistake and excusable negligence has prevented the petitioner from taking an appeal within the prescribed period; and (c) petitioner has good and substantial defense in his action.[13]
On the first ground, petitioners argued that there has been collusion between the respondent and the Bunquins during the trial of the case at the Metropolitan Trial Court. Had the Bunquins testified in court as to the validity of the Deed of Sale as well as the authenticity of the respondent's signature, petitioners argued that the result would have been in their favor. Anent the second ground, petitioners averred that their failure to file the requisite appeal on time was largely due to the delay of counsel of record to produce the requested documents of the case. Finally, petitioners claim that they have good and substantial defense.[14]
As aforesaid, the Court of Appeals denied the petition reasoning that:
"As aptly pointed out by the respondent, the first ground raised by the petitioner spouses should have been filed before the court of origin, the Metropolitan Court of Manila, pursuant to Section 1, Rule 38 of the 1997 Revised Rules of Civil Procedure as amended. As to the second ground, the petitioner spouses who were the prevailing party before the Metropolitan Trial Court of Manila, did not mention the alleged extrinsic fraud when the case was on appeal before the Regional Trial Court. Petitioners cannot now challenge the decision of this Court for the fraud allegedly perpetrated in the court of origin.
Besides, it is extremely doubtful that the remedy of a petition for relief under Rule 38 may be availed of from a judgment of the Court of Appeals in the exercise of its appellate jurisdiction.
WHEREFORE, premises considered, the petitioners' Petition for Relief from Judgment is DENIED for lack of merit.
Petitioners' Motion for Reconsideration was denied, hence, this Petition for Review raising as issue the availability of Petition for Relief under Rule 38, as a remedy against the judgment of the Court of Appeals promulgated in the exercise of its appellate jurisdiction. If the remedy is thus available, petitioners pray that this Court rule whether or not the grounds relied by them are sufficient to give due course to the petition.[16]
After careful examination of the case, we resolve to deny the petition.
Relief from judgment is an equitable remedy and is allowed only under exceptional circumstances and only if fraud, accident, mistake, or excusable negligence is present. Where the defendant has other available or adequate remedy such as a motion for new trial or appeal from the adverse decision, he cannot avail himself of this remedy.[17]
Under the 1997 Revised Rules of Civil Procedure, the petition for relief must be filed within sixty (60) days after the petitioner learns of the judgment, final order or other proceeding to be set aside and must be accompanied with affidavits showing the fraud, accident, mistake, or excusable negligence relied upon, and the facts constituting the petitioner's good and substantial cause of action or defense, as the case may be.[18] Most importantly, it should be filed with the same court which rendered the decision, viz:
"Section 1. Petition for relief from judgment, order, or other proceedings.- When a judgment or final order is entered, or any other proceeding is thereafter taken against a party in any court through fraud, accident, mistake, or excusable negligence, he may file a petition in such court and in the same case praying that the judgment, order or proceeding be set aside."[19]
As revised, Rule 38 radically departs from the previous rule as it now allows the Metropolitan or Municipal Trial Court which decided the case or issued the order to hear the petition for relief. Under the old rule, petition for relief from the judgment or final order of municipal trial courts should be filed with the regional trial court, viz:
"Section 1. Petition to Court of First Instance for Relief from Judgment of inferior court.- When a judgment is rendered by an inferior court on a case, and a party thereto by fraud, accident, mistake, or excusable negligence, has been unjustly deprived of a hearing therein, or has been prevented from taking an appeal, he may file a petition in the Court of First Instance of the province in which the original judgment was rendered, praying that such judgment be set aside and the case tried upon its merits.
Section 2. Petition to Court of First Instance for relief from the judgment or other proceeding thereof.- When a judgment order is entered, or any other proceeding is taken against a party in a Court of First Instance through fraud, accident, mistake, or excusable negligence, he may file a petition in such court and in the same cause praying that the judgment, order or proceeding be set aside."
Petitioners argue that apart from this change, the present Rule extends the remedy of relief to include judgments or orders of the Court of Appeals since the Rule uses the phrase "any court".[20] We disagree.
The procedural change in Rule 38 is in line with Rule 5, prescribing uniform procedure for municipal and regional trial courts[21] and designation of municipal/metropolitan trial courts as courts of record.[22] While Rule 38 uses the phrase "any court", it refers only to municipal/metropolitan and regional trial courts.[23]
The procedure in the Court of Appeals and the Supreme Court are governed by separate provisions of the Rules of Court[24] and may, from time to time, be supplemented by additional rules promulgated by the Supreme Court through resolutions or circulars. As it stands, neither the Rules of Court nor the Revised Internal Rules of the Court of Appeals[25] allow the remedy of petition for relief in the Court of Appeals.
Petitioners beg this Court, on equitable grounds, not to strictly construe the Rules, arguing that their "only earthly possession" is at stake.[26] Indeed, in certain occasions, this Court has, in the interest of substantial justice and in exercise of its equity jurisdiction, construed the Rules of Court with liberality.
Nevertheless, the circumstances obtaining in the present case do not convince this Court to take exception.
As correctly pointed out by the Court of Appeals, the petitioners' allegation of extrinsic fraud should have been brought at issue in the Metropolitan Trial Court. If they truly believe that the default of the spouses Mesina prejudiced their rights, they should have questioned this from the beginning. Yet, they chose to participate in the proceedings and actively presented their defense. And their efforts were rewarded as the Metropolitan Trial Court ruled in their favor.
When the respondent appealed the case to the Regional Trial Court, they never raised this issue. Even after the Regional Trial Court reversed the finding of the MeTC, and the Court of Appeals sustained this reversal, petitioners made no effort to bring this issue for consideration. This Court will not allow petitioners, in guise of equity, to benefit from their own negligence.
The same is true with regard to the defenses forwarded by the petitioners in support of their petition. These contentions should have been raised in the MeTC, as they have been available to them since the beginning.
Finally, it is a settled rule that relief will not be granted to a party who seeks to be relieved from the effects of the judgment when the loss of the remedy at law was due to his own negligence, or a mistaken mode of procedure; otherwise, the petition for relief will be tantamount to reviving the right of appeal which has already been lost either because of inexcusable negligence or due to mistaken mode of procedure by counsel.[27] Petitioners, however, place the blame on their counsel and invoke honest mistake of law. They contend that they lack legal education, hence, were not aware of the required period for filing an appeal.[28]
In exceptional cases, when the mistake of counsel is so palpable that it amounts to gross negligence, this Court affords a party a second opportunity to vindicate his right. But this opportunity is unavailing in the instant case, especially since petitioners have squandered the various opportunities available to them at the different stages of this case. Public interest demands an end to every litigation and a belated effort to reopen a case that has already attained finality will serve no purpose other than to delay the administration of justice.
IN VIEW WHEREOF, this petition is DENIED for lack of merit and the assailed Resolutions of the Court of Appeals are AFFIRMED.
Panganiban, Sandoval-Gutierrez, and Carpio, JJ., concur.
[1] Rollo, pp. 9-22.
[2] Penned by Associate Justice Fermin A. Martin and concurred in by Associate Justices Romeo A. Brawner and Andres B. Reyes, Jr., Rollo, pp. 24-25.
[3] Id., p. 27.
[4] Decision penned by Tranquil P. Salvador, Jr. of Metropolitan Trial Court of Manila, Branch 10, dated February 16, 1998, Rollo, p. 50. TCT No. 166704 was in the name of Lerma D. Bunquin, married to Sergio Bunquin. See Records, p. 183.
[5] Id., p. 51-54.
[6] Ibid. TCT No. 216518 was in the name of Michaelangelo G. Mesina, married to Grace Domingo. See Records, p. 186.
[9] Id., pp. 61-62.
[10] The decision was penned by Judge Enrico A. Lanzanas of RTC Manila, Branch 7. See Rollo, pp. 64-82.
[11] Id., pp. 81-82.
[12] See Rollo, pp. 83-95.
[13] Rollo, pp. 28-30.
[14] Rollo, pp. 30-31. Petitioners alleged that:
The notarized Deed of Sale between respondent and the Bunquins shall, for all legal intents and purposes, be presumed genuine, authentic and regular in the absence of proof or evidence to the contrary pursuant to Rule 131, section 5 of the Revised Rules of Court which gives favorable presumptions to private transactions.
To overcome such presumption, respondent should have adduced evidence in support of his allegations other than his self-serving and gratuitous denial that his signature on said Deed of Sale is fake coming as it does from an interested party in the instant case.
Further, respondent as well as the lower courts, could have easily secured the services of a handwriting expert to establish the allegation. But no such expert was sought and the lower court on its own motion and instance relied on the identification cards presented by the respondent himself and compared the same with the signature on the Deed executed eleven (11) years ago.
Had the signatures been subjected to scientific examination and comparison by an impartial expert witness, the Deed would have been determined to be authentic and the signature genuine. As such, the position of the petitioner being purchasers for value and in good faith would have prevailed.
Let it not be overemphasized that a notary public participated in the execution of said Deed of Sale giving rise to the presumptions, which were not overcome by the respondent, that official duty has been regularly performed and that the ordinary course of business has been followed.
[15] Supra note 2.
[16] Supra note 1, pp. 12-14.
[17] Palmares, et al., vs. Jimenez, et al., 90 Phil. 659 (1951).
[18] Rule 38, sec. 2.
[19] Id., sec. 1.
[21] Section 1. Uniform procedure – The procedure in the Municipal Trial Courts shall be the same as in the Regional Trial Court, except (a) where a particular provision expressly or impliedly applies only to either of said courts, or (b) in civil cases governed by the Rule on Summary Procedure.
[22] See R.A. No. 7691 (1994).
[23] See Florenz D. Regalado, Remedial Law Compendium (1999), vol. 1, pp. 391-392; Jose Y. Feria, 1997 Rules of Civil Procedure Annotated (2000), p. 111.
[24] See Rules 44-56.
[25] As amended by Supreme Court Resolutions dated October 20, 1988, November 3, 1988, February 27, 1991, April 1, 1992, November 24, 1992 and June 14, 1993.
[26] Supra note 1, p. 17.
[27] Espinosa vs. Yatco, 7 SCRA 78 (1963).
[28] Rollo, p. 30.
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text:
United Lining Up Replacement for Moyes This Summer?
Reports have surfaced this week claiming that Man Utd will show Moyes the door and bring in Jurgen Klopp this summer, if Moyes doesn't manage to end the season in the top four.
I remain unconvinced that the Glazers would be up for ditching Moyes so soon, but the prospect of Klopp managing United is pretty exciting to say the least. I'm just not ready to get my hopes up yet.
Assuming there is some truth to this, however, and the United hierarchy are genuinely lining up an approach for Klopp this summer, how tempting would the offer be for the German coach?
It's not hard to see how he could be finding himself somewhat disillusioned with life at Dortmund. Bayern Munich's dominance seems absolute right now – they're unbeaten and 17 points clear of 3rd-placed Dortmund in the Bundesliga, and they're hoovering up some of Kloppo's best players (Mario Gotze joined Bayern in the summer, and Lewandowski will follow him on a free in the next window).
Klopp's achievements at Dortmund are impressive. After taking over in 2008, he led them to their first domestic title in 10 years in 2010/11, did the double in 2011/12, and took them to the Champions League final last season, where he held Bayern until the 89th minute.
After 6 great years at Dortmund, it's not that hard to imagine Klopp feeling the time's right for a new challenge, and United would definitely be that!
I'd love to see Klopp bring his 'heavy metal' football to Old Trafford, reunited with Kagawa and maybe even with Marco Reus in tow, although he doesn't seem like the kind of guy who would feel great about pinching players from the team he's taken so far.
His calmness and charisma is a total contrast to Moyes, and, at 46, he's already got a CV that puts DM to shame. He clearly respects Fergie, which, let's face it, would be a pre-requisite of the job, but he has enough about him to stamp his own identity on the club.
Let's not get carried away. Klopp has already turned down the chance to manage in England – rejecting advances from City and Chelsea – and he signed a new contract at Dortmund late in 2013. But if there's any chance we could bring in former Stuttgart man, we should take it all day long. With money to spend and a chance to prove himself in what is still surely the world's most exciting league, he could be a revelation.
Klopp is a man worthy of managing the biggest club on the planet, and so far Moyes seems to be nothing of the sort.
Given the choice between this
there's no contest.
Exclusive: Man United Ready to Sack David Moyes as Club Line-Up Jurgen Klopp As Summer Replacement
Why Jurgen Klopp is a tactical genius?
Klopp: Dortmund still a selling club
Poll: Would Europa League Qualification Do Man Utd More Harm Than Good?
Who Should We Be Buying and Selling for 2014/15?

redpajama_set_name: RedPajamaCommonCrawl


text:
Cardellina és un gènere d'ocells de la família dels parúlids (Parulidae). Dins aquest gènere es reconeixen actualment dues espècies que abans estaven incloses al gènere Wilsonia (Bonaparte, 1838) i dues a Ergaticus (Baird, 1865). Ambdós gèneres desapareixen a la classificació de l'IOC (versió 3.1, 2012).

Llista d'espècies
Segons la Classificació del Congrés Ornitològic Internacional (versió 3.3, 2013) aquest gènere està format per 5 espècies:
 Cardellina canadensis - bosquerola del Canadà.
 Cardellina pusilla - bosquerola de Wilson.
 Cardellina rubrifrons - bosquerola caravermella.
 Cardellina rubra - bosquerola vermella.
 Cardellina versicolor - bosquerola rosada.

redpajama_set_name: RedPajamaWikipedia


text:
Домаћа рок група ЕКВ (Екатарина Велика)
Катарина Велика, царица Русије од 1762. до 1796. године


With typical October skies and right before your eyes unfolds a sunset different from any I have shot this week. I am not sure if it was due to the fact a full moon was about to complete itself in full circle, that it is October or because of the fires on the west coast, but tonight on Anna Maria Island the moon was hot pink and displayed such a beautiful sight as it gently tucked itself away behind the Gulf of Mexico due west!
Please, enjoy the sunset in all of the glory and splendor that my camera can capture. Be sure to click on the picture to enlarge them.
Written by Melinda Bordes ~ Please feel free to contact me ~941~705-0146~ to assist you with all of your real estate needs whether buying or selling on Anna Maria Island or surrounding areas! With better news in our financial market, gas prices down a bit, interest rates low and home prices hitting bottom maybe it is time for you to purchase you slice of paradise on Anna Maria Island and capture you very own sunset!


I have a gift. It's the gift of time. My own time actually. So, more than a gift I created a new time. It's called Mom Minutes. Now, Mom Minutes are very special in the fact that they don't actually require the ability to tell time. They don't go by a clock or require a person to constantly look at their phone for the time. No, Mom Minutes is more like guessing. It goes by what feels right.
You see, when I had children, time changed. It moved faster in all the times I wanted it to slow down and moved slower when I wanted it to move faster. Much like many aspects of parenthood, it's frustrating. When my third child was born I unwittingly created Mom Minutes (my husband actually calls them Special Ash Minutes....and he's not meaning it as a compliment). Mom Minutes work unlike any other time out there.
Five minutes can be thirty minutes....or thirty seconds. Thirty minutes can be twelve minutes. Saying "bedtime is in a half hour!" could mean bedtime is actually in .2 seconds (especially after a crazy day) or when I'm involved with something, bedtime could be in an hour. Mom Minutes can give you more time if you're in the middle of The Bachelor and don't want to stop watching. It can also speed way up when the whining has gotten to be too much. Also, Mom Minutes completely work in Mom's favor.
While that's a huge selling point, the biggest selling point is no one argues with Mom Minutes! Even when the kids are old enough to look at a clock and plainly see that only two minutes has gone by after the "ten minutes until clean up!" call, no one says a thing. Maybe they haven't caught on to Mom Minutes yet? Or maybe they just know not to call Mom out on it? Either way, Mom Minutes are magic. Pure magic.
"Two minutes until bedtime!" said as I'm already pouring myself that refreshing glass of wine. I really wish everything else in life worked like my Mom Minutes....and I really hope the kids don't catch on!


Information on Western Australian U3As.
List of courses available for independent study using the internet. Based at Griffith University in Brisbane.
Information on U3A activities available in the Perth Metropolitan Area. Based at the University of WA in Perth.
A comprehensive and informative website for Australian Seniors.
Fun activity centre for the over 55's in Mandurah. View the activities available, lunch menu, events.
Check the catalogue on the Internet, join on-line, collect your card later, receive messages from the Library by email or SMS, request books, check what you have on loan and renew items.
The first University of the Third Age was founded in Toulouse, France, in 1972, to improve the quality of life for older people by bringing them into contact with academic programmes run by a university. The idea spread rapidly in France.
The success of the French experiment led to the rapid spread of U3As to many countries - particularly in Europe. An International Association of U3As was established by 1975. It has gained recognition from such bodies as the UN and UNESCO.
In 1981, the concept was introduced to Britain through a group based at Cambridge University. In contrast to the French practice, the British U3As quickly moved away from the model based on courses provided by a University. The idea of a self-help or mutual aid organisation was adopted. This self-help approach reduces the need for dependence on outside resources and, in a way, goes back to the original concept of a community of scholars - the medieval origin of a university. Hence the broad acceptance of the term University in the titles of so many of these groups, describing a community in which learning is an end in itself, where individuals learn what they want to, at the pace they prefer and where no qualifications are needed to enter and none are awarded.
U3A Mandurah was formed in 1990.


An Environmental Technique of Pipe Installation.
ATL were awarded a contract to install cross carriageway drainage as part of the above works, the initial number of crossings amounted to 16. However, the client Skanska- Balfour Beatty very quickly understood the benefits of trenchless technology and ATL finally constructed an incredible 150 crossings an unbelievable 1.49 miles of augerboring!
Adopting trenchless technology on the scheme saved vast quantities of materials and did not require huge earth movements to be carried out.
Using traditional open cut method of pipe installation has a very negative impact on the environment.
On this scheme alone ATL have saved the client the procurement of materials amounting to 3450M3 of pipe bedding (7,600 tons) , 11630M3 of Type1 fill ( 26,000 tons ), saved muck away lorry movements of 7813M3 ( 173,000 tons ) which equates to 9611 Loads, and 660M2 of Tarmac.
During the contract ATL helped reduce clients costs even further by introducing a whole new technique of augerboring which we called 'BLIND' , thus only access to the drive pit was required, these proved very successful and a huge benefit to the scheme.
ATL's work on this scheme has been very successful and we have delivered one of the largest single augerboring contracts ever awarded to both budget and program.


Join The Royal Marines | Royal Navy Jobs | Who are the Marines?
It's a state of mind, find out if you have it.
The UK's elite amphibious fighting force. The team that's on the most dangerous operations, all over the world. The one with the endless reach. These are the Royal Marines.
Royal Marines personify courage, selflessness and positivity in the face of any challenge. Ready to deploy anywhere, in all conditions by land, sea or air, on the frontline of combat and humanitarian aid operations.
Being in the Royal Marines is a state of mind: one that's projected by the famous green beret, and protected by a unique camaraderie and unity.
Courage. Determination. Unselfishness. Cheerfulness in the face of adversity. Combined, these are the ethos of the Royal Marines, and what sets them apart from anything else. You'll embody this ethos at all times, whether you're in scorching heat, biting cold or dense jungles. This is an elite force, and it's one that will need you to aim higher than just rising to the challenge. And once you've found your physical and mental limits, you'll go beyond them, push yourself further, and show a type of strength you've never needed before.
By land, sea or air, Royal Marines Commandos are our elite amphibious fighting force. Ready to deploy anywhere, in all conditions.
One of the world's most respected military bands. Adventure meets a rigorous musical education, to play for heads of state, dignitaries and royalty.
Reservists combine civilian life with being fully trained Commandos, serving part-time in this elite amphibious force, to learn the unique Marines state of mind.
There's one thing that all our people share. That special state of mind. It's the foundation of life in the Royal Marines.


text:
Q: How to scroll horizontally a div to be placed in right? I have extracted the following code from a question in stackoverflow. The green box will appear to be left of the main Div when scrolling to it. Can I move to a green box, So it will be appeared in right side of the main Div?
http://jsfiddle.net/o8ngaq0e/
I tried the following function, but didn't work:
var $scroller = $('.scroller');
$('button').on('click', function () {
  var divIdx = $('input').val();
  var scrollTo = $('#d'+divIdx)
    .css('background', '#9f3')
    .position().right;
  console.log(scrollTo);
  $scroller.animate({'scrollLeft': scrollTo}, 500);
});

.position().right; is only doing the coloring part. It is not scrolling to the box. How can I do this?

A: I think this is what you want. I documented the calculations in the JS code.
Note: this only works for elements in the container that are not visible. So you cannot put the first element at the right side of the container.

var $scroller = $('.scroller');
// assign click handler
$('button').on('click', function() {
  // get the partial id of the div to scroll to
  var divIdx = $('input').val();

  // retrieve the jquery ref to the div
  var scrollTo = $('#d' + divIdx)
    // change its bg
    .css('background', '#9f3')
    // retrieve its position relative to its parent
    .position().left;
  /*
    To position the element at the right side of the container
    subtract the width of the container and add the width
    of the element. Including the margin.
  */
  scrollTo = scrollTo - 300 + 70;
  // simply update the scroll of the scroller
  // $('.scroller').scrollLeft(scrollTo);
  // use an animation to scroll to the destination
  $scroller
    .animate({
      'scrollLeft': scrollTo
    }, 500);
});
.scroller {
  width: 300px;
  height: 100px;
  overflow-x: auto;
  overflow-y: hidden;
}

.container {
  position: relative;
  /*important for the .position() method */
  height: 100px;
  width: 770px;
}

.container div {
  height: 90px;
  width: 60px;
  float: left;
  margin: 5px;
  background: #39f;
}

<button>Scroll to: </button> <input type="text" value="4" />

redpajama_set_name: RedPajamaStackExchange


text:
It Takes a Worried Mom to Sing a Worried Song
Don't Worry About a Thing...I'm Doing Plenty of That For Both of Us!
By Lee Ann Lewis
Considering the fact that I'm not much of a worrier, I sure have done a lot of it over the past few years, especially when it comes to my kids. Oh sure, like every Mom I experienced my share of anxieties when they were small, but it wasn't until they got to college that I perfected worrying to an art form worth bragging about.
Take Lauren, for instance. I'll never forget her freshman year at college, when she called to tell me that she and two other girls from her dorm were on their way to a concert. "Don't worry, Mom," she said, "We'll be back in time for class on Monday." Don't worry, she said. As if that was enough to keep me from spending the next seventy-two hours conjuring up images of my precious daughter in a muddy cornfield, wearing a beaded headband, sitting braless astride some bearded guy's tattooed shoulders, playing a tambourine just before the National Guard swooped in and hauled them all off to jail.
Of course in the end, nothing even remotely like that happened, but it didn't stop me from fearing it might. No matter what she did, my vivid imagination automatically kicked into gear. If she told me she was going on a ski trip, I visualized her group getting stuck in a snowdrift and having the misfortune of flagging down a mass-murderer to rescue them. If she said she was sitting alone in the dorm, I envisioned her future as a reclusive old woman who let her hair go to seed and fed stray cats. I kid you not – I actually used to lose sleep over stuff like that.
Then it was Jason's turn to go off to college, and I couldn't believe what a difference there was in how I handled things. With Lauren I obsessed about everything that could go wrong. In Jason's case I didn't have a chance because I never found out what he was up to until long after the fact. Probably the best way to explain what I mean is to borrow a concept from a Joni Mitchell song: "I've looked at worry from both sides now – from Lauren and Jason and still somehow, it's my illusions about Lauren that I recall. I really don't know about Jason's stuff at all."
Case in point: The time he scaled a forty-foot tree with a huge knife in his mouth to cut down a "bear bag" of leftovers on a fraternity campout (he told me six weeks later.) Or the time he and a buddy decided to test their gear by rappelling down the side of a building (an incriminating photo forced a confession out of him the following summer.) Or my personal favorite – the weekend he went sky-diving (he never did tell me about that one. A friend accidentally let it slip just before graduation.) And people wonder how come I just up and went gray all of a sudden!
The only thing, and I do mean the only thing, that got me through all those nail-biting, hand-wringing, floor-pacing, ulcer-inducing college years was dreaming of the day when my kids would grow up and I could finally relax. Well look at me. Do I look relaxed to you?
No. And you want to know why? Because now I am a grandmother, and that means only one thing. My worry button has just been permanently duct-taped to the "on" position. These days every time my phone rings, it's Lauren calling to tell me that Aidan has learned to jump off the side of the pool all by himself and that Avery can climb out of her crib now. Or that Aidan has figured out how to turn on the bathtub faucet, and Avery can reach the front door knob. Now I ask you – what kind of an idiot would answer a phone call like that? Never mind. Forget I asked.
You know, for someone who isn't by nature much of a worrier, I sure seem to be doing an awful lot of it.
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Every once in a blue moon, the boys' play room needs a good cleaning. It's the kind of things where kids need to not be present. Momma needs a chance to sort through juice box straw wrappers and annoying little toys that serve no purpose. She needs to throw broken car track pieces and partially-torn paper airplanes in black trash bags. She needs to organize the toys back in the bins where they are supposed to be.
I continue to trip around an elaborate town the boys have set up.
It's when I take the time to really look at it that I find myself in awe.
A circular racetrack made of two sets of Neotracks (one regular, one glow-in-the-dark).
A Little People fire station and accompanying Little People fire truck and police helicopter.
Tiny firemen from a different firetruck set.
Cars made out of Legos driven by multiple little Lego men.
A large tow truck and a jeep driven by more Little People and a few 1980s-era GI Joe men.
One of our toy buckets is turned upside down and placed carefully in the curve of the track. I assume it's a building of some sort.
Nothing matches, but it appears to be a fairly harmonious, well-functioning city or town of sorts – created from the brains of my two little guys.
I destruct the town and return all the toys to their rightful bins. Animals in one. Figures in another. Small cars in a car bucket. Mid-size vehicles in their own bin. I print more labels with my label maker that say things like "Rescue Figures," "Play Animals," and "Medium Sized Vehicles." I know even as I place the labels above the bins that this is futility, but I do it anyway.
Pinterest, Facebook, Etsy, and even retail websites have moms convinced that this is the way it MUST be, but I have become less and less convinced.
I pull K'Nex pieces out of the Lego bin and vice versa. I pick up crayons and markers scattered all around. I think about the audiobook I just finished listening to, Play: How It Shapes the Brain, Opens the Imagination, and Invigorates the Soul. I am reminded about all of the things I've learned about the importance of play and how it prepares kids for life.
I feel slightly guilty destroying the boys city creation, but I know it will be rebuilt. It is during this process that I am filled with gratefulness for the progress they have made.
Two months ago, both of our boys began programs run by an organization that specializes in caring for special needs families. This organization has programs designed not just for special needs kiddos – but also for their siblings, who often fall through the cracks. They also realize that sometimes, some kids need a little extra help with behavior and social skills, even if they fall short of diagnostic criteria for something like ADHD or autism.
Their programs are play-based and focus on social skills, emotional skills, and behavioral regulation. There are no "bad" kids, just "our friends" that need a little extra help.
LB attends this behavior and sensory-friendly preschool four days a week in the morning. Ezra attends an after-school program for grade-school children a few days a week in the afternoon. While they are in different programs, they share staff members and a main teacher.
I realize as I clean the play room that the disorganization…the chaos…the mess…are proof that what they are doing in these programs is working.
We have seen such an improvement both in their independent play skills and their cooperative play skills. They are becoming true best friends as they have moved from parallel play to cooperative play.
Sure, they will still whine and complain when I tell them to "go play" when they want to watch a show, but once they get "over the hump" of resistance, they go downstairs and work together.
Sure, they still fight, but that's happening less and less as they improve in their collaboration skills. They build, they create, they imagine. They come up with pretend scenarios, a combination of scenes from their favorite shows and their own imaginations. They build a town or a city. They combine Legos and Little People and it all works.
I was so glad to have the basement play room cleaned. I loved the order of having everything in its rightful place. I loved the fact that I could vacuum the floor for the first time in months.
The basement is now a blank slate, with clean floors and everything put away. But I am excited. I look forward to see what they will create next.
And maybe…from now on…I won't worry about organizing the toys quite so often.
Thanks AFS for your hand in this!


At Community Hospital we strive to provide excellent customer service beginning at the registration desk with the admissions process and ending with the completion of your medical service and dismissal.
We hope you will find this information on the admissions process, patient portal, online bill pay and financial assistance helpful. Thank you for selecting Community Hospital as your medical needs provider.


As a company that caters primarily to law enforcement, Taser is often intertwined in public incidents that require a command of complex policy and legal issues. Sydney quickly taught herself the ins and outs of the issues relating to the company's products, which include electrical weapons, on-officer cameras and digital evidence management. She is responsible for fielding reactive media requests during high profile events while also proactively positioning the company as a major tech player.
In the wake of the events in Ferguson, Missouri this past summer, Taser found itself inundated with media requests in relation to body-worn cameras. Sydney quickly took the reins of Taser's response and coordinated the executives and specific law enforcement agency partners for interviews with national outlets like the New York Times, Fox Business News and CNN, as well as in countless local markets. She ably balanced a reactive response with a more proactive approach, providing brief, one-off quotes for time sensitive requests while also getting ahead of the story with efforts such as drafting op-eds and customer emails.


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SHOULD U.S. WATER TAKINGS JURISPRUDENCE INFLUENCE NAFTA CH. 11 APPROPRIATION CLAIMS FOR WATER?
2. Towards the Future: Water Resources and Global Changes
Author(s): Jonathan R. Schutz
Jonathan R. Schutz Attorney Somach, Simmons & Dunn 813 Sixth Street, Third Floor Sacramento, CA 95814 916-446-7979 (Phone) 916-446-8199 (Fax) jonathanrschutz@yahoo.com I am a water attorney in California, United States.
Keyword(s): Nafta, transboundary, trade, globalisation, governance, institution, treaty, appropriation, taking, water law, law
AbstractIn 2001, Roger Marzulla in won a historic legal case in the United States in Tulare Lake Basin Water Storage District v. United States, 49 Fed. Cl. 313 (Fed. Cl. 2001). This case threatened to change U.S. takings law as it applied to water. In Tulare Lake, Marzulla successfully sued the U.S. government on behalf of irrigators who had their water supply reduced to leave water in the streams for fish pursuant to the U.S. Endangered Species Act. The irrigators successfully argued that because the amount of their available water was reduced, the federal government had taken the irrigators' water rights without financial compensation as required under the U.S. Constitution. The case was decided in the U.S. Court of Claims—the court in the U.S. that decides compensation claims against the federal government. Riding on the success in Tulare Lake, Mr. Marzulla filed a NAFTA Chapter 11 claim against Mexico on behalf of a group of Texas farmers and irrigators. This case is still pending. The claim alleges that Mexico withheld water that originates in Mexico but is rightfully owned by the irrigators pursuant to a 1944 Treaty between the U.S. and Mexico for the Rio Grande and Colorado Rivers. The Texas irrigators argue that Mexico appropriated the water, thereby violating the provisions of NAFTA's Ch. 11. Recently, Mr. Marzulla also filed three more lawsuits in the Court of Claims alleging the taking of private irrigators' water rights by the federal government. The courts in all three of these cases have determined that no takings occurred and that no compensation was due to the irrigators. The courts so held because water rights are treated differently than other forms of property. This paper analyzes the nature of water rights in the U.S. and under NAFTA. The NAFTA tribunal is poised to rule on the Texas irrigators' Ch. 11 claim against Mexico. One of the issues in this case, and in other NAFTA cases over water resources, is the nature of water rights under NAFTA and whether U.S. water takings jurisprudence should be applied to NAFTA Ch. 11 appropriation claims. This paper will review water rights takings jurisprudence in light of the recent Court of Claims cases. This paper concludes that the courts were correct in determining that water rights should not be subject to the same takings jurisprudence as other forms of real property. Lastly, this paper argues that U.S. water law takings jurisprudence should not be used to evaluate NAFTA Ch. 11 compensation claims. However, if U.S. water takings law is used to evaluate the pending Texas irrigators Ch. 11 claim, the three recent Court of Claims cases should make it clear that no appropriation has occurred and that the Texas irrigators are not entitled to compensation. Other Themes Addressed: 1. Water Governance and Water Security: Improving legal and institutional frameworks 2. Water Governance and Water Security: Transboundary river basins and shared aquifers 3. Water Availability, Use and Management: Regional Sessions, North America


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text:
Victim's Advocacy
Wills & POA
Sugar Daddies Can Be on The Hook
by AllisterMacel | Feb 11, 2020 | Uncategorized
In continuation of my previous blog on Common Law marriages, I found an interesting recent case law dealing with the definition of a spouse under the Family Law Act – Jackson v. Moore. In this case law, the parties were never married. They have two children together. But there was a dispute as to whether they ever cohabited with each other. The two had a sexual relationship with each other; and, there was no dispute regarding the children's parenthood and the parties resolved their issues on custody, access and parenting issues.
Based on Jackson v. Moore, I shall address a few questions on Common Law relationship:
What is Meant by a Spouse?
Section 29 of the Family Law Act, says:
"spouse" means a spouse as defined in subsection 1(1), and in addition, includes either of two persons who are not married to each other and have cohabited,
(a) continuously for a period of not less than three years, or
(b) in a relationship of some permanence, if they are the parents of a child as set out in section 4 of the Children's Law Reform Act.
What is Cohabitation?
As per s. 1 of the Family Law Act, "cohabit" means to live together in a conjugal relationship, whether within or outside marriage.
The applicant, in this case, claimed that they have cohabited for three years and that she was a spouse as defined in the Act. Whereas the respondent acknowledged that they are parents of two children but claimed that they were friends who were sexually intimate, and they didn't live together in a conjugal relationship. Respondent further claimed that the applicant was living in his home as a tenant.
What Factors Determine A Spouse under the Law?
In order to determine whether a party is a spouse, it is essential to contemplate whether parties are committed to one another. In Y.S. v. S.B., the court determines the nature of the spousal relationship in the following words:
" It is not just in living together or having sexual congress or sharing expenses or providing childcare. These acts taken alone, or even together, will not unequivocally create spousal relations.… [F]or a spousal relationship, what is needed is a consensual acceptance by two people of each other as spouses and so declared by each person to the other by his or her words and actions."
This consensual acceptance is recognized in law only when both parties to the relationship expressly declare it.
There are other Molodowich factors to be considered for the determination of spouses – shelter, sexual behaviour, children, personal behaviour, fidelity, domestic services, social activities, and societal conduct.
Is it Mandatory to Live Under the Same Roof to Be Recognized as a Spouse?
Although the law says that each of the spouses has cohabited continuously for a period of not less than three years or a relationship of some permanence, but it is not mandatory to live under the same roof if the spouses have consensual acceptance of the relationship. In Hazelwood v. Kent, the parties were never married but had two children together. One of the spouses lived downtown close to his employment during the week, but he spent weekends living with the other spouse and the children in their home. The court held in this case that she was a spouse within the meaning of the Family Law Act and ordered spousal support.
In Jackson v. Moore, the court found that the parties were occasional sexual partners and held that the applicant was not a spouse within the meaning of the Family Law Act.
Given this unique case law, if one intends to live in a conjugal relationship with another person – it's recommended that you seek legal advice before or during the relationship, in order to protect your rights. Millars Law brings a history of success, dealing with complicated family law disputes and will be happy to assist you.
Contact Millars Law when you Can't Afford to Lose.
(519) 657-1LAW or info@millarslaw.com
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text:
Music transcriptions by Pete Billmann

Print ISBN: 978-1-4950-6476-0

ePub ISBN: 978-1-5400-0275-4

Kindle ISBN: 978-1-5400-0276-1

7777 W. Bluemound Rd. P.O. Box 13819 Milwaukee, WI 53213

In Australia Contact:

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For all works contained herein:

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public performance, or other distribution of the printed music

in this publication is an infringement of copyright.

Infringers are liable under the law.

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# Contents

Down To The Wire

Burned

Mr. Soul

Broken Arrow

Expecting To Fly

Sugar Mountain

I Am A Child

The Loner

The Old Laughing Lady

Cinnamon Girl

Down By The River

Cowgirl In The Sand

I Believe In You

After The Gold Rush

Southern Man

Old Man

Helpless

Ohio

Soldier

A Man Needs A Maid

The Needle And The Damage Done

Harvest

Heart Of Gold

Star Of Bethlehem

Tonight's The Night (Part 1)

Walk On

Tired Eyes

For The Turnstiles

Winterlong

Like A Hurricane

Deep Forbidden Lake

Love Is A Rose

Cortez The Killer

The Campaigner

Long May You Run

Rhythm Tab Legend

# Down To The Wire

#### Words and Music by Neil Young

Copyright © 1978 by Broken Arrow Music Corporation and Ten-East Music

All Rights Reserved Used by Permission

# Burned

#### Words and Music by Neil Young

Copyright © 1966 by Broken Arrow Music Corporation and Ten-East Music

Copyright Renewed

All Rights Reserved Used by Permission

# Mr. Soul

#### Words and Music by Neil Young

Copyright © 1967 by Broken Arrow Music Corporation

Copyright Renewed

All Rights Reserved Used by Permission

# Broken Arrow

#### Words and Music by Neil Young

Copyright © 1967 by Broken Arrow Music Corporation and Ten-East Music

Copyright Renewed

All Rights Reserved Used by Permission

# Expecting To Fly

#### Words and Music by Neil Young

Copyright © 1968 by Broken Arrow Music Corporation

Copyright Renewed

All Rights Reserved Used by Permission

# Sugar Mountain

#### Words and Music by Neil Young

Copyright © 1968 by Broken Arrow Music Corporation

Copyright Renewed

All Rights Reserved Used by Permission

# I Am A Child

#### Words and Music by Neil Young

Copyright © 1977 by Broken Arrow Music Corporation

Copyright Renewed

All Rights Reserved Used by Permission

# The Loner

#### Words and Music by Neil Young

Copyright © 1968 by Broken Arrow Music Corporation

Copyright Renewed

All Rights Reserved Used by Permission

# The Old Laughing Lady

#### Words and Music by Neil Young

Copyright © 1967 by Broken Arrow Music Corporation

Copyright Renewed

All Rights Reserved Used by Permission

# Cinnamon Girl

#### Words and Music by Neil Young

Copyright © 1969 by Broken Arrow Music Corporation

Copyright Renewed

All Rights Reserved Used by Permission

# Down By The River

#### Words and Music by Neil Young

Copyright © 1969 by Broken Arrow Music Corporation

Copyright Renewed

All Rights Reserved Used by Permission

# Cowgirl In The Sand

#### Words and Music by Neil Young

Copyright © 1969 by Broken Arrow Music Corporation

Copyright Renewed

All Rights Reserved Used by Permission

# I Believe In You

#### Words and Music by Neil Young

Copyright © 1970 by Broken Arrow Music Corporation

Copyright Renewed

All Rights Reserved Used by Permission

# After The Gold Rush

#### Words and Music by Neil Young

Copyright © 1970 by Broken Arrow Music Corporation

Copyright Renewed

All Rights Reserved Used by Permission

# Southern Man

#### Words and Music by Neil Young

Copyright © 1970 by Broken Arrow Music Corporation

Copyright Renewed

All Rights Reserved Used by Permission

# Old Man

#### Words and Music by Neil Young

Copyright © 1971 by Broken Fiddle Music

Copyright Renewed

All Rights Reserved Used by Permission

# Helpless

#### Words and Music by Neil Young

Copyright © 1970 by Broken Arrow Music Corporation

Copyright Renewed

All Rights Reserved Used by Permission

# Ohio

#### Words and Music by Neil Young

Copyright © 1970 by Broken Arrow Music Corporation

Copyright Renewed

All Rights Reserved Used by Permission

# Soldier

#### Words and Music by Neil Young

Copyright © 1972 by Silver Fiddle Music

Copyright Renewed

All Rights Reserved Used by Permission

# A Man Needs A Maid

#### Words and Music by Neil Young

Copyright © 1971 by Broken Fiddle Music

Copyright Renewed

All Rights Reserved Used by Permission

# The Needle And The Damage Done

#### Words and Music by Neil Young

Copyright © 1971 by Broken Fiddle Music

Copyright Renewed

All Rights Reserved Used by Permission

# Harvest

#### Words and Music by Neil Young

Copyright © 1971 by Silver Fiddle Music

Copyright Renewed

All Rights Reserved Used by Permission

# Heart Of Gold

#### Words and Music by Neil Young

Copyright © 1971 by Silver Fiddle Music

Copyright Renewed

All Rights Reserved Used by Permission

# Star Of Bethlehem

#### Words and Music by Neil Young

Copyright © 1975 by Silver Fiddle Music

Copyright Renewed

All Rights Reserved Used by Permission

# Tonight's The Night

#### Words and Music by Neil Young

Copyright © 1975 by Silver Fiddle Music

Copyright Renewed

All Rights Reserved Used by Permission

# Walk On

#### Words and Music by Neil Young

Copyright © 1973 by Silver Fiddle Music

Copyright Renewed

All Rights Reserved Used by Permission

# Tired Eyes

#### Words and Music by Neil Young

Copyright © 1975 by Silver Fiddle Music

Copyright Renewed

All Rights Reserved Used by Permission

# For The Turnstiles

#### Words and Music by Neil Young

Copyright © 1974 by Silver Fiddle Music

Copyright Renewed

All Rights Reserved Used by Permission

# Winterlong

#### Words and Music by Neil Young

Copyright © 1973 by Silver Fiddle Music

Copyright Renewed

All Rights Reserved Used by Permission

# Like A Hurricane

#### Words and Music by Neil Young

Copyright © 1976 by Silver Fiddle Music

Copyright Renewed

All Rights Reserved Used by Permission

# Deep Forbidden Lake

#### Words and Music by Neil Young

Copyright © 1977 by Silver Fiddle Music

Copyright Renewed

All Rights Reserved Used by Permission

# Love Is A Rose

#### Words and Music by Neil Young

Copyright © 1975 by Silver Fiddle Music

Copyright Renewed

All Rights Reserved Used by Permission

# Cortez The Killer

#### Words and Music by Neil Young

Copyright © 1975 by Silver Fiddle Music

Copyright Renewed

All Rights Reserved Used by Permission

# The Campaigner

#### Words and Music by Neil Young

Copyright © 1977 by Silver Fiddle Music

Copyright Renewed

All Rights Reserved Used by Permission

# Long May You Run

#### Words and Music by Neil Young

Copyright © 1976 by Silver Fiddle Music

Copyright Renewed

All Rights Reserved Used by Permission

# Rhythm Tab Legend

Rhythm Tab is a form of notation that adds rhythmic values to the traditional tab staff.

### Definitions for Special Guitar Notation

### Additional Musical Definitions

# Album compiled by Neil Young, Tim Mulligan and David Briggs

# Photos by: Joel Bernstein, Gary Burden, Henry Diltz and Tom Wilkes

# Thanks: Buffalo Springfield

# Crazy Horse

# Jim Messina, George Grantham

# Crosby, Stills and Nash

# James Taylor, Linda Ronstadt

# Emmylou Harris "Star of Bethlehem"

# The Stray Gators

# Elliot Mazer

# Greene & Stone

# Mo Ostin & Ahmet Ertegun

# David Geffen & Elliot Roberts & David Cline

# Further Credits:

# Cover layout by Tom Wilkes

# Tommy Grekel the album package

# Songbook Art Direction & Design: Gary Burden and Jenice Heo for R Twerk & Co

# Songbook Production Design: Jesse Burden and Mark Holley

# Reprise Records, a division of Warner Bros. Records Inc., a Warner Communications Company.

# 3300 Warner Blvd., Burbank, Calif 91510 • 44 East 50th Street, New York, New York 10022 • Made in U.S.A.

# © 1976 Warner Bros. Records Inc. Printed in U.S.A.

# Table of Contents

  1. Down To The Wire
  2. Burned
  3. Mr. Soul
  4. Broken Arrow
  5. Expecting To Fly
  6. Sugar Mountain
  7. I Am A Child
  8. The Loner
  9. The Old Laughing Lady
  10. Cinnamon Girl
  11. Down By The River
  12. Cowgirl In The Sand
  13. I Believe In You
  14. After The Gold Rush
  15. Southern Man
  16. Old Man
  17. Helpless
  18. Ohio
  19. Soldier
  20. A Man Needs A Maid
  21. The Needle And The Damage Done
  22. Harvest
  23. Heart Of Gold
  24. Star Of Bethlehem
  25. Tonight's The Night (Part 1)
  26. Walk On
  27. Tired Eyes
  28. For The Turnstiles
  29. Winterlong
  30. Like A Hurricane
  31. Deep Forbidden Lake
  32. Love Is A Rose
  33. Cortez The Killer
  34. The Campaigner
  35. Long May You Run
  36. Rhythm Tab Legend

redpajama_set_name: RedPajamaBook


text:
New Rentals from Netflix
Monday, May 17, 2010 at 10:53 am
It's almost Tuesday, which means it's time for more new rentals from Netflix. The online movie service has 38 selections to choose from this week, and I've simplified things by combing through and picking out 10 that you may enjoy. From anime and Australian films to Oscar-winning dramas, there's plenty of variety to be had.
Of course, you've got to be a member to enjoy these new rentals from Netflix. You can either try their free trial to see what you think, or you can just take the plunge and sign up. There's a large red Netflix logo to the right of this post, and clicking on that will get you on your way to becoming a full-fledged subscriber.
Crazy Heart – Jeff Bridges finally won a Best Actor Oscar for his portrayal of Bad Blake, an aging country singer who's seen better days. But his life begins a slow turnaround when he meets Jean Craddock (Maggie Gyllenhaal), a young reporter who interviews and then sleeps with him. Colin Farrell and Robert Duvall co-star in this bittersweet tale of love and regret, and, yes, Farrell does his own singing.
The Messenger – Woody Harrelson received critical praise (and an Oscar nomination) for his role as Tony Stone, a member of the Army's casualty notification service. Teamed with Iraq veteran Will Montgomery (Ben Foster), the two men deliver bad news to the families of soldiers. Fans of Harrelson have long known he's capable of more than playing rednecks and dimwits, but it's always nice to get a little critical validation. Samantha Morton and Jena Malone co-star.
Avatar – While it's hardly the greatest film ever made, it is the most profitable. For that reason alone, this special-effects extravaganza from James Cameron is worth a look. Starring Sam Worthington, Zoe Saldana and Sigourney Weaver. Sadly, Billy Zane doesn't appear as someone's weasely fiancee.
Once More with Feeling – Chazz Palminteri stars as Frank Gregorio, a psychiatrist who dreamed of being a singer as a young man. But when Frank discovers karaoke, those long-dormant passion comes rising back to the surface. Drea de Matteo co-stars as Frank's daughter, and Linda Fiorentino also puts in an appearance. Oddly, this is the second film in the last few months to feature Palminteri singing.
Walkabout – When they find themselves stranded in the Australian outback, a young brother and sister must rely on the kindness of a young aboriginal boy to survive. But will the roles be reversed once they reach civilization? With striking visuals and minimal dialogue, this 1971 film depicts the beauty and harshness of nature.
The World Unseen – Two Indian women begin a love affair in the apartheid South Africa of the 1950s. One is a free-spirited taxi driver, while the other is a wife and mother. Dealing with racism and sexism, the film also serves as a reminder of the enduring spirit of love, regardless of skin color or gender. Uplifting and visually stunning.
Queen's Blade: Wandering Warrior: Vol. 1: A Single Step – Based on a popular series of combat books in Japan, this 12-episode anime series focuses on Reina, a young woman who enters a tournament held every four years to determine the queen of the land. With the help of a veteran fighter, she advances in bloody fashion against lethal creatures and fierce females. If you like your anime packed with nudity and violence, then give this one a look.
The New Daughter – After his daughter comes into contact with an otherworldly mound, John James (Kevin Costner) begins to notice her odd behavior. As she gets increasingly worse, he must try to unravel a supernatural mystery to save her life…and her soul. While it never got a major release and ended up being dumped onto DVD, hardcore Costner fans will want to give it a peek (I suppose the same can be said about Harrison Ford and Extraordinary Measures, another disappointing film hitting shelves this week.)
Sunrise/Sunset – If you'd like to know more about the Dalai Lama, this is a good place to start. For example, he rises each morning at 3am and retires at sunset. In between, he discusses the nature of religion and its proper place in the universe. It'll also help you feel closer to Richard Gere.
American Radical – Often labeled as anti-Semitic by his own people, Norman Finkelstein is a passionate thinker on the topics of Israel and the Holocaust (both his parents having survived concentration camps during WWII). Due to his views, he's been denied tenure at DePaul University and later refused entry into the nation of Israel. This documentary takes a look at his controversial life, talking to both supporters and opponents.
If you'd rather buy your new release films, you can also visit Amazon. They carry thousands of DVD and Blu-ray discs, and their prices are the best around. Yes, we do get a commission if you subscribe to Netflix or buy from Amazon via our site, but that money goes right back into Only Good Movies.
This entry was posted on Monday, May 17th, 2010 at 10:53 am and is filed under Netflix Articles. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.
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One Response to "New Rentals from Netflix"
Derrick Lowentein
This is very nice !!


A few years ago, after the death of my beloved uncle, my family and I traveled to be with my aunt and her daughter. Since my uncle's death, my aunt and her daughter had taken to spending every day and night together. Their renewed connection through shared grief struck me as one of the most poignant connections I'd ever witnessed. I went home and, in my own grief for my uncle, wrote a story exploring grief of many kinds.
Not much later, my aunt died. And I went back to this story and found in it even more balm for the pain of losing someone I loved so much. Literature allows us to explore our emotions as metaphor. For someone like me, who for so many years kept a distance from her emotions, this ability to immerse myself in painful emotion slowly but honestly has been integral to healing and to breaking through that distance.
The story in question has now been published on the website of one of my favorite journals, Fairy Tale Review. And I can't think of a better home for it.
Today my very first novelette publication released online for free reading! "The Orangery" is available at Beneath Ceaseless Skies.
The women in mythology who turn into trees often do so to escape unwanted sexual advance or assault. That is where the repulsion comes from. Although I have always loved trees, I never felt like these mythological women were being gifted this new form. Instead, I felt like they were being punished. As if they were being told, you can either accept every advance that comes your way or opt out of a human life altogether.
In "The Orangery," I made a place for these women-turned-trees, the Orangery of the novelette's title, a walled-in grove watched over by a Guardian who tend to the trees' wishes and lives out her life within the woods. But when Apollo breaks through the wall to find and reclaim Daphne, the Guardian must fight him–and make sacrifices in the process.
One of my favorite writers, T.C. Boyle, chose my as-of-yet-unpublished short story "Barking Dog Nocturnal" as 2nd prize in Selected Shorts/Electric Lit's 2016 Stella Kupferberg Memorial Short Story Prize. Link to the announcement–and to read the 1st place story–here.
Speculative Fiction Showcase interviewed me on Strange Monsters, my writing soundtrack, and my influences here.
"Sisters" originally appeared in SCHEHEREZADE BEQUEST.


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text:
Yoshihiro Nitta (jap. , Nitta Yoshihiro; * 21. Januar 1929 in der Präfektur Ishikawa; † 15. März 2020) war ein japanischer Philosoph.

Leben
Yoshihiro Nitta studierte von 1949 bis 1957 Philosophie an der Universität Tōhoku in Sendai (Japan). 1969–1970 war er als Stipendiat der Alexander von Humboldt-Stiftung am Husserl-Archiv der Universität Köln und 1992 an der Albert-Ludwigs-Universität Freiburg. Von 1970 bis zu seiner Emeritierung 1999 lehrte er als ordentlicher Professor für Philosophie an der Tōyō-Universität in Tokio. Er war Vorsitzender der japanischen "Forschungsgesellschaft für Phänomenologie und Hermeneutik" und Präsident der "Japanischen Forschungsgesellschaft für Phänomenologie und Sozialwissenschaft".

Werk
Yoshihiro Nitta, der "Doyen der Phänomenologie Japans" (Helmuth Vetter), ist Schüler von Goichi Miyake, der an der Universität Sendai lehrte. In seiner philosophisch-wissenschaftlichen Arbeit orientiert sich Nitta außer an Edmund Husserl vor allem an den beiden anderen Hauptvertretern der Freiburger Phänomenologie, an Martin Heidegger und Eugen Fink. Schon mit seinem ersten größeren Buch Was ist Phänomenologie?, in dem er sich mit dem gesamten Feld von Husserls Spätphilosophie auseinandersetzt, hat Nitta den Problemgehalt der Freiburger Phänomenologie unter japanischen Lesern nachhaltig ins Bewusstsein gerufen und dadurch in Japan ein breites Interesse für die aktuellen Fragen der phänomenologischen Philosophie geweckt – ein Interesse, das bis heute ungebrochen anhält.

In späteren Publikationen versucht Nitta die Frage nach der Verschränkung von Phänomenologie und Hermeneutik vor dem Hintergrund einer Analyse der radikalen Selbstveränderung, die phänomenologisches Denken bereithält, zu vertiefen und auf diese Weise einen Weg zu einer "Phänomenologie der Medialität" zu bahnen. Ein Ergebnis dieses Forschungsprogramms ist sein Buch Welt und Leben von 2001.

Publikationen (Auswahl)

 Was ist Phänomenologie (japanisch), Tokio 1968.
 Phänomenologie (japanisch), Tokio 1978.
 Japanese Phenomenology, Hrsg. mit H. Tatematsu, Analecta Husserliana Band 8. Dortrecht 1979
 Mithrsg.: Phänomenologie, 4 Bände (japanisch). Tokio 1980
 Phänomenologie der Anderen, Hg. mit M. Uno (japanisch) Tokio 1982
 Hrsg.: Japanische Beiträge zur Phänomenologie, Alber, Freiburg/München 1984
 Der Weg zu einer Phänomenologie des Unscheinbaren, in: Zur philosophischen Aktualität Heideggers, Bd. II: Im Gespräch der Zeit, hrsg. von Dietrich Papenfuß und Otto Pöggeler, Klostermann, Frankfurt a. M. 1990.
 Das anonyme Medium in der Konstitution von mehrdimensionalem Wissen, in: Phänomenologische Forschungen, Bd. 24/25, hrsg. von E. W. Orth, Alber, Freiburg / München 1991. ISBN 3-495-47725-X
 Ab 1993 zusammen mit Kah Kyung Cho und Hans Rainer Sepp Herausgeber der internationalen Reihe >Orbis Phaenomenologicus<. Bis 2001 bei Alber, Freiburg / München (8 Bände), seit 2002 bei Königshausen & Neumann, Würzburg.
 Über die Selbst-Differenzierung des Lebens. Phänomenologie der Ungegenständlichkeit bei Kitaro Nishida (1870–1945), in: Facetten der Wahrheit. Festschrift für Meinolf Wewel, hrsg. von Ernesto Garzón Valdés und Ruth Zimmerling, Alber, Freiburg / München 1995. ISBN 3-495-47820-5
 Phänomenologie und neuzeitliche Philosophie (japanisch), Tokio 1995
 Moderne Philosophie – Phänomenologie und Hermeneutik (japanisch), Tokio 1997, 2. Auflage 2006
 Welt und Leben. Zur Phänomenologie der Medialität (japanisch), Tokio 2001
 Der Weltausgang und die Rolle des Menschen als Medium, in: Eugen Fink. Sozialphilosophie – Anthropologie – Kosmologie – Pädagogik – Methodik, hrsg. von A. Böhmer (Reihe: Orbis Phaenomenologicus – Perspektiven. Neue Folge Band 12) Königshausen & Neumann, Würzburg 2006. ISBN 3-8260-3216-0
 Hrsg. mit Toru Tani: Aufnahme und Antwort. Phänomenologie in Japan I. (Reihe: Orbis Phaenomenologicus – Perspektiven. Neue Folge 23) Königshausen & Neumann, Würzburg 2011. ISBN 978-3-8260-3895-2

Festschrift
 Phänomenologie der Medialität. Festschrift zum 70. Geburtstag von Yoshihiro Nitta. Hrsg. von H. Kawamoto, Y. Sato und I.Yamaguchi (japanisch) Tokio 2001

Weblinks
 Veröffentlichungen

Philosoph (20. Jahrhundert)
Phänomenologe
Person (Interkultureller Dialog)
Japaner
Geboren 1929
Gestorben 2020
Mann