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Mel Gibson is Staging His Comeback Years After Case Involving Anti-Semitic Rant Was Dismissed
The conviction connected with the anti-Semitic rant heard 'round the world is off the record books. In fact, it has been for quite some time—since 2009. How is that most of us don't know that? Well, it's due to the perfectly legal concept of expungement (and a little bit because of the First Amendment). Let's go back to 2006 when it all went down.
Mel had a little too much to drink on July 28, 2006 (At the time, Mel was a self-pronounced, long-suffering alcoholic) at a popular bar on the Pacific Coast Highway in Malibu. Nevertheless, he got into the driver's seat of his Lexus and proceeded to speed down the PCH doing 85 in a 45. I am very familiar with this stretch of road and I can tell you that he put his life, and the lives of others, in danger that night.
Once the officer pulled Mel over, it was very obvious that Mel was drunk. The officer had Mel perform field sobriety tests and when he advised him that he was detaining him for suspicion of drunk driving that's when all hell broke loose. Mel refused to get in the cop car, tried to run back to his own car, touted his celebrity status and "who he was", and launched into the infamous anti-Semitic tirade that we all seem not to be able to forget. Mel was ultimately charged with misdemeanor drunk driving, driving with an elevated blood-alcohol level (his was .12 the legal limit in CA is .08) and driving with an open container of alcohol in his car (a bottle of tequila was found in the Lexus). Mel never appeared in court on the matter. His lawyer brokered a deal, and, on Mel's behalf, entered a plea of no contest to driving with a blood alcohol level of 0.08 percent or higher; the other charges were dropped as part of the deal. Just so my PROOF readers are clear, in California, no contest is not an admission of guilt but is equivalent to a guilty plea for the purposes of sentencing. It is not an uncommon plea in situations involving the types of charges levied against Mel Gibson.
As for his nolo plea (that's fancy legal talk for a no contest plea which comes from the Latin phrase nolo contendere), Mel was sentenced to three years probation with a requirement that he spend the next year in a 12-step program for alcoholism, pay more than $1,600 in fines and fees, restriction of his driver's license for 90 days, and to undergo a state-mandated alcohol abuse education program for three months.
In 2009, that conviction was expunged or dismissed, as it is called in California. In plain language this means that the conviction is off of Mel's record; it's as if it never happened (though it is visible to law enforcement and can be considered should he have a subsequent arrest). Well, why is that? Did he get special treatment because he's a celebrity (On a related note, some believe Mel got special treatment during the arrest but an investigation found that procedures were properly followed)? No, as for the dismissal, Mel did not receive special treatment. But before, I explain why he didn't get special celeb treatment, let's discuss briefly the concept of expungement. Expungement is an essential part of our criminal justice system. There are many reasons why someone would seek to have a conviction expunged. Those reasons range from the inability to rent an apartment or an office, the inability to get a job, and today's world, it might even mean the inability to get a date. Landlords and employers routinely do criminal background checks on potential tenants and candidates and, with such easy access to criminal records via the internet potential dates are now doing the same for potential mates! So rather than have to live with the stigma of a conviction and/or have to explain sensitive situations from one's past, if one meets the eligibility requirements, an expungement can be very helpful.
Expungement eligibility varies by state but the requirements are generally similar and by analyzing Mel's dismissal we can learn how the convictions of others might be handled. Here's what the judge in 2009 considered when dismissing Mel's case:
Mel was convicted of a misdemeanor
Mel was not sentenced to time in prison
Mel satisfied all the requirement of his punishment
Mel had not gotten into any other legal trouble ( He was arrested 2 years later though!)
More than a year had passed since Mel's conviction
Thankfully no one was physically injured as a result of Mel's drunk driving. The most heinous part of Mel's arrest, to most of us, is those terrible, hateful comments that spewed from his mouth that night. And for those who believe alcohol is a truth serum it is very hard to forgot what he said or believe that he did not mean what he said despite his apologies. But, Mel did not violate any laws by saying what he said. The First Amendment, protects his words no matter how odious or hurtful and so you will notice that Mel's comments are not part of the dismissal discussion. Quite simply, they play no role in the expungement analysis. No matter how bothered some may still be by his comments, the judge's actions in not considering them in his dismissal determination, was proper. As for whether you forgive or dismiss from your mind Mel's arrest, well, that's solely for you to decide.
Meet Two of Bill Cosby's Accusers: Ruehli and Constand
Going to Court? Make Sure You've Got Your Little Black Dress


More than simply a method of communication shared by a common people, the Hebrew language was always an integral part of the Jewish cultural system and, as such, tightly interwoven into the lives of the prophets, poets, scribes, and priests who used it. In this unique social history, William Schniedewind examines classical Hebrew from its origins in the second millennium BCE until the Rabbinic period, when the principles of Judaism as we know it today were formulated, to view the story of the Israelites through the lens of their language.
Considering classical Hebrew from the standpoint of a writing system as opposed to vernacular speech, Schniedewind demonstrates how the Israelites' long history of migration, war, exile, and other momentous events is reflected in Hebrew's linguistic evolution. An excellent addition to the fields of biblical and Middle Eastern studies, this fascinating work brings linguistics and social history together for the first time to explore an ancient culture.
William M. Schniedewind is Kershaw Chair of Ancient Eastern Mediterranean Studies, Professor of Biblical Studies and Northwest Semitic Languages, and Chair of the Department of Near Eastern Languages and Cultures at UCLA.


We are looking for a volunteer mobile app developer to create an app for Gaucher's Chat. An outdated SDK will be supplied. Once complete, feel free to sell your app anywhere you choose and/or place a credit in the app (Developed by My Name).


What is the precise meaning of these two statistics in Course Analytics?
So if a student views the same page multiple times is that multiple views. Or is each page view only noted once.
My my the clock in the sky is pounding away, there's so much to say-0-goodbye!
If the student clicks on a page, leaves that page and comes back, then yes, it would be multiple page views. So not, unique page views.
If a student submits an assignment late, it seems participation is not generated in this specific piece of the analytics. The submission shows under submission, but not under participation for that date.
Re: What are page views and participations?


This beautiful 4 bedroom for 10 oceanfront villa offers breathtaking views from nearly every room!
Fabulous oceanfront pool and sundeck! Amazing whale watching from late November to May!
Only 1.5 blocks to Brenneckes and Shipwreck Beach, and 2 blocks to Poipu Beach! Some of the best ocean views on the whole island! Bedding: 1 king, 1 queen, 4 twins, sofa sleeper.
A true gem nestled in the heart of Poipu!
Kapa'a Resort Condo w/Pool - Walk To The Ocean!


text:
Classify is an extensible DOM utility for class helper functions. It's designed to simply the use of instance methods such as `.addClass()`, `.removeClass()`, `.hasClass()`, and `.toggleClass()`.

## Usage

1. `classify.has(elem, "my-class")` for boolean conditions
2. `classify.add(elem, "my-new-class")`
3. `classify.remove(elem, "my-unwanted-class")`
4. `classify.toggle(elem, "my-class")`

## Configure

1. Reference `classify.js` in any framework or boilerplate. You can also bundle it with other JS if you use a build process.

    ~~~html
    <script src="classify.js"></script>
    ~~~

2. Use it to replace class instance methods.

    ~~~js
    toggleElement.onclick = function() {
        classify.toggle(body, "push");
        classify.toggle(navElement, "pull");
        classify.toggle(iconElement, "hidden");
        classify.toggle(toggleElement, "fixed");
        classify.toggle(subnavElement, "hidden");
    };
    ~~~

## License

Our code and documentation is licensed under the MIT license. By contributing your code, you agree to license your contribution under the terms of this license.

redpajama_set_name: RedPajamaGithub


MesmerEyez cosmetics have grown to become the No.1 brand in eye colour change.
New unique combe applicator to apply the colouring gells into the hair.
Designers and producers of GLOW IN THE DARK 3D stickers stickers etc. Disney licence holders for GLOW IN THE DARK.
Glow in the Dark Wholesalers,Glow in the Dark Dropshippers, Glow in the Dark Suppliers,Glow in the Dark Traders,Glow in the Dark Manufacturers,Glow in the Dark Importers and exporters.


If your data warehouse is under-delivering to the enterprise or if somehow you have not deployed one, you have the opportunity to deploy or shore up this valuable company resource. As a matter of fact, of all the constructs in information management, the data warehouse would be the first entity to bring to standard for maximum ROI. There are innumerable subtleties and varieties in architecture and methods. Many are appropriate in context of the situation and the requirements. We will explore these in this report.
First, the data warehouse is an analytic database that is not meant to be operational in the sense of running the business. It is meant to deliver on reporting and analytics, whether straightforward basic reports or deep and complex predictive analytics. In this context, the data warehouse will be the generalized, multi-use, multi-source analytic database for which there may or may not be direct user access. This data warehouse distributes data to other analytic stores, frequently called data marts. The data warehouse ideally sits in the architecture at the same level as many of the other analytic stores. It is possible for an enterprise to have multiple data warehouses by this definition.
You should primarily make sure the data warehouse(s) is well suited as a cleansing, distribution, and history management system. Beyond that, be prepared to supplement the data warehouse with other analytic stores best designed for the intended use. At the least in this, where possible, smaller analytic stores will procure their data from the data warehouse, which is held to a data quality standard.
Regarding the platform, housed on a non-analytic database management system (DBMS), (not an appliance, not columnar, all HDD storage), if the analytics do not weigh it down, big data volumes will. As companies advance their capabilities to utilize every piece of information, they are striving to get all information under management.
The more one data warehouse can accomplish for an organization, the better. The reality is that many were built years ago to a standard that can no longer deliver the needs of the entire organization, and many have been built with too many limitations to reasonably overcome to make it a high maturity data warehouse.
The answer may not be to just build up more analytic (non-warehouse) stores. The answer may be to build another data warehouse, or to build a new one to replace the one you have. This continues the "build once, use many" value proposition of the data warehouse concept as far as it can reasonably go.
It means multiple business projects can use the data without having to build separate data layers. Allowing concurrent use of data at the data warehouse layer or creating a mart off the data warehouse is a lot less work, reduces risk, and lowers overall costs than does building from uncultivated, original source data. The shared data approach is worth pursuing.
You could add virtualization over the top (actually you should) or add a common semantic layer but usually you need the performance and usage benefits of some high measure of physical consolidation.
There will be non-warehouse analytic stores but at the same time, there will be data warehousing for the actionable, foreseeable future. Each organization should look at their relationship to data warehousing and make their unique plan. There is no "one size fits all" and no two organizations come to this table with the same backstory and architecture and none are willing to "scrap everything" and start over.


text:
HomenewsInternationalRansomware trends for 2022
Ransomware trends for 2022
As the year is coming to a close, it's time to take a look at the evolution of the ransomware landscape in 2022. Security experts believe that the level of sophistication and scale of cyberattacks will continue to increase, causing record-breaking financial losses.
Ransomware will become more aggressive and widespread, while threat actors behind major ransomware operations will attempt to extend their operations targeting mobile and IoT devices.
To stay ahead of threats, end-users and businesses must be aware of the tactics, techniques, and procedures associated with the major ransomware operators. As such, individuals and organizations alike must protect their attack surface.
Needless to say, the extortion practice through ransomware will continue to grow, despite the efforts of government organizations and law enforcement agencies to curb this criminal phenomenon.
Ransomware gangs will continue to target large organizations that can afford to pay a ransom, but they will also benefit from penetration tools to carry out a dragnet offensive against SMEs. At the same time, financial services and healthcare organizations will experience a surge in ransomware attacks in the next months.
The year of Ransomware-a-as-Service
In 2022, we will also observe a growing number of ransomware gangs that will spread ransomware provided by multiple Ransomware-a-as-Service (RaaS) affiliates.
Recently, the French CERT published a report on the activity of a new ransomware gang named Lockean that is responsible for a long list of attacks against French companies over the past two years.
The Lockean group used different ransomware strains over the last two years, such as DoppelPaymer, Egregor, Maze, REvil, and ProLock, a circumstance that suggests the group was an affiliate for these RaaS services.
Over the next months, RaaS cartels will use even more affiliated groups to increase the efficiency of their operations, which will make it even harder to investigate their activities.
The affiliate model will allow these gangs to conduct operations that are resilient to takeover by law enforcement against a single ransomware group.
In 2022, the RaaS business model and the double extortion model will continue to fuel the threat landscape for ransomware attacks. A growing number of criminal organizations, even without specific technical skills, will decide to launch their own operations.
The rise of remote access markets
In the next months, we will see the consolidation of another model in the cybercrime ecosystem, dubbed Access-as-a-Service.
Remote access markets are automated stores that allow threat actors to sell and exchange access credentials to compromised websites and services.
Remote access markets have an essential role in the cybercrime underground, especially for RaaS operators.
Threat actors could buy access to an organization to rapidly gain access to its infrastructure and deploy their ransomware.
Growing pressure to fight back
To analyze the evolution of ransomware operations in the next months, we must also consider the response of government and law enforcement agencies.
Ransomware attacks represent a serious threat to critical infrastructure and global supply chains. For this reason, the US Government held a global meeting in October to curb cybercriminal activities and fight ransomware. Unfortunately, Russia was not invited to the meeting, as it is widely known that most ransomware gangs are operating from the country, and with tacit support from the Russian government.
Following the global ransomware summit, law enforcement agencies worldwide intensified their actions against ransomware gangs: recently, Europol and Interpol conducted multiple successful investigations that allowed to dismantle prominent ransomware operations, such as the REvil operation.
This means that pressure from governments to fight ransomware worldwide will have a significant impact on the ransomware landscape in 2022.
As an example of the growing pressure to act against ransomware gangs, the US Government announced sanctions for ransomware negotiation firms that will support victims of cybercriminal organizations, such as the Evil Corp group, in the ransom payments. Due to these sanctions, Evil Corp launched several ransomware operations that employed different strains of ransomware, such as WastedLocker, Hades, Phoenix Locker, and PayloadBin.
China: a new safe haven for ransomware gangs?
In the next months, the actions of the authorities, sanctions from governments, and the dissolution of some groups will likely lead to the rebranding of many operations and to the emergence of new ransomware gangs.
Moreover, with the pressure from other governments increasing, we cannot exclude that Russia will no longer tolerate ransomware operations on its soil, a decision that could force major ransomware organizations to migrate to other states.
The Groove ransomware gang is already calling on other ransomware groups to attack US public sector, after a law enforcement operation shut down the infrastructure of the REvil gang.
Recently, Groove published a message in Russian on its leak site:
Figure 1 – Call to Action published on Groove leak site
The message also asks other ransomware gangs to avoid targeting Chinese companies, because China could represent a safe place for ransomware gangs in case Russia will stop tolerating ransomware operations.
"In our difficult and troubled time when the US government is trying to fight us, I call on all partner programs to stop competing, unite and start fucking up the US public sector," states the message.
"I urge not to attack Chinese companies, because where do we pinch if our homeland suddenly turns away from us, only to our good neighbours – the Chinese!"
– Groove ransomware message
State-sponsored ransomware
Let's close the forecast on ransomware trends in 2022 by evaluating the impact of nation-state hacking on the ransomware landscape.
In the next months, rogue governments could use ransomware operations for fundraising and escape sanctions from other states.
Targeted ransomware and nation-state attacks will be very dangerous due to the cyber capabilities of APT groups and the large ransom demanded by these groups.
One thing is almost entirely certain: ransomware groups will cause huge financial losses in the next months, and we can only hope that their cyberattacks will not deal irreparable damage to critical infrastructure worldwide.

redpajama_set_name: RedPajamaCommonCrawl


text:
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Topic Homework - A reminder that Topic Homework is handed in every WEDNESDAY - one task at a time please! You can choose which task you would like to do every week. Please make sure written tasks are done in pencil and your name is on each task you hand in. Homework that is of a high standard will be put into our topic books or put on our topic display board!
Maths Homework - This will be handed out every Thursday afternoon unless notified. Homework must be done in pencil and handed in by the following WEDNESDAY. Maths homework will be based on learning that has gone on in the classroom in the week. Our very popular '99 club' (times table challenge) is done every Wednesday so practising these times table facts every week is encouraged.
Spellings - Y3 spellings will be handed out on a Thursday afternoon and a spelling test will be done on the following WEDNESDAY. Y3 Dictation words will start after October half term and will also be checked on a Wednesday.
Reading - Try and do some reading as much as you can most nights - around 15/20 minutes. Please use your reading journal to record what text you are reading and the date you started it. After you have finished, write a mini review about what you have read and perhaps a small picture of a favourite part or a favourite character! Remember, you can read your book to adults at home - it is still good for them hear you read and to discuss the book together! Final reminder, your reading book and journal must come to school each day for independent reading times.
PE - PE for the Autumn term will be on Wednesdays and Thursdays. Thursdays will be gymnastics and dance, Wednesdays will be swimming until February half term. If your child cannot do swimming for any reason, please send in a note with your child. A reminder for children with pierced ears - earrings must be removed before swimming as requested by the swimming coaches. It would be helpful if your child didn't wear earrings on this day and children with long hair must have it tied back. A helpful tip for girls - if they can wear trousers or long socks with their skirt/dress for swimming days, this will make it easier for them to get changed afterwards, many thanks!
GENERAL REMINDERS - Our corridors in school are narrow and there is limited space where our pegs are. It would helpful to have small rucksacks for pegs and to use a drawstring bag (like our school PE bag) to bring swimming kits in. Children can still use a school book bag which can fit in their drawer in the classroom if they wish. Please provide a water bottle for your child which can be kept in the classroom. Lost jumpers, cardigans, coats etc are much better found again if they have a name in it, please do check that all uniform is clearly labelled including PE kits.


Museum 45 X-bar (Chunky) 30cms For use with M45 30cm stretcher bars. A crossbar is not normally required for the M45 chunky canvas frames of this size. However if you are making a larger frame i.e. 30cm x 130cm, one 30cm M45 X-bar would be advisable.
Museum 45 X-bar (Chunky) 170cms (with two holes) For use with 170cm M45 stretcher bars to add strength to your canvas frame. Two mitred holes in this length. e.g. a frame 170cm x 150cm would require three crossbars - one 170cm and two 150cm to provide added strength to your frame.
Museum 45 X-bar (Chunky) 300cms (with 3 holes) For use with 300cm Museum 45 stretcher bars to add strength to your canvas frame. Three mitred holes in this length. e.g. a frame 300cm x 200cm would require four crossbars - two 300cm andthree 200cm to provide a double cross shape.


In today's market, more and more people are turning to rental housing. If you own a second home such as a house or condo, or plan to rent out your basement suite or coach home, there are several things you'll need to do to prepare the unit for new tenants. Even if you're not a handyman, most of these improvements are easy to do!
In this article, your Vancouver handyman on the basic 'renos' that your handyman can perform in order to get the unit in tip top shape and ready for its new inhabitants. The more obvious things, like electrical, plumbing, fire prevention etc. will be covered in another article.
These tips will help your property to be more appealing to potential renters, and will also help attract the right kind of tenants. After all, if you are renting out a dump, it's unlikely you'll attract nice clean responsible tenants.
Before performing repairs and other preparations, it's wise to give the entire unit a good general cleaning.
Closets, cabinets and appliances should all be cleaned inside and out.
Sinks, tubs and toilets should all be cleaned and sanitized.
Windows should be cleaned inside and out.
If the unit has in-built mirrors, they should be cleaned to a shine.
Once general cleaning is complete, it's time to perform the rest of the work. A word of advice – save cleaning floors and carpets until everything else is done, otherwise you risk dirtying up clean floors, tiles and laminates we you do the other tasks on the list.
Curtains and blinds can gather lots of dust and dirt over time, even if your unit has been unoccupied. Have all window coverings cleaned and dusted to cut down on allergens.
There's nothing like a fresh coat of paint to spruce up a space. Before painting, be sure to repair and fill any holes or dings in the wall. Then apply one or two coats of a neutral color to the walls and ceilings. Many paints these days only require a single coat, and are dry within 5 to 10 hours. Hanging modern wallpaper is also a great option.
Ensure that all kitchen and bathroom fixtures (taps, spouts, shower head, garburator etc.) are all functioning properly with no blockages. If necessary, reseal the areas around taps and dials to prevent leakage and mold.
While it isn't the landlord's obligation to provide light bulbs, it's a nice courtesy to your new tenant, and will also help when you do your initial walk through inspection.
If your unit includes appliances such as fridge, stove, dishwasher, washer/dryer etc. give each appliance a test run to ensure they are working properly.
Test all door locks to ensure proper operation, and be sure you have several sets of keys – one or two sets for the tenant(s), and two backup sets for you. Ensure that all window locks are also working properly.
For hygienic reasons, you should always have the carpets cleaned prior to a new tenant moving in. This will ensure a healthy environment for your new tenant, but eliminating mold, mildew, dust mites and stains.
Once all of the above steps are complete, your rental unit is ready for its new family! Still not up to performing any of the above tasks? Give your Vancouver handyman a call and he'd be happy to assist!


Madison common council member Mark Clear is offering a new proposal that requires private ownership of the Overture arts facility, unlike the original Focus Model that requires city ownership. That is a bold and favorable step in the right direction for the short term, but it does not provide a long term solution.
Clear's recommended proposal should be viewed as an interim solution.
Clear's proposal also calls for privatization of the work force. That needs to be changed. For the next two two years, despite the serious problems of having a work force employed by the city and directed by 201 State, the non-profit operator, the workers should remain public employees. That is because we do not know the final arrangement for Overture in 2012.
Clear's proposal would be amended to call for the appointment of a Madison Commission on Overture.
That commission is an independent body with representation from the city government, 201 State Street, prospective donor, resident companies, members of the arts community with no association with Overture, and interested citizens with no allegiance to any specific arts organization or Overture.
That body should conduct three studies. First an examination of the potential for long term private giving that will lead to a building endowment fund, secondly an independent examination of the building and its financial, and thirdly an inventory of Madison's artistic needs.
It is this last point that is most critical and it should have been the focus in 2000, 2005, 2008, and 2010.
I personally want to apologize to Madison's artists, the performers, and the audiences. Those of us who served on the Ad Hoc Overture Committee had little time to hear from you. We were presented with the AMS study and the constraints upon us required that we look at the financial and the building itself. Maybe this time we can get it right.
As a community we must look at our needs as artists and their audiences and then we will know the best structure for the operation of Overture.
When the study is completed, I do not know if the recommendation will be public ownership, my original preference, or private ownership.
When the study is completed, I do not know if the recommendation will be public management, my original preference, management as envisioned by 201 State, which I find unacceptable, or management by another non-profit more responsive and representative of the community, an acceptable alternative.
When the study is completed we will have a better knowledge of the staffing needs and which employees should be public and private.
In any case, we will make better decisions with better results because of a better process.
In the meantime the first of several new reports is available.
The report is optimistic about the tile floor which suffered from from red wine spills to high heels cracking and puncturing the surface. The report suggests that the sealant is working and that the floor should survive for another 15 years. In several of my visits to Overture on the days following performances of Wicked I spotted fresh punctures in the tile floor. I am curious as to how many punctures like this the floor can withstand and how the sealant helps to prevent them.
There is no mention of the 700 different lamps in the facility, that many are energy inefficient, and that the German manufacturer of some of them indicated they will discontinue their production. Does the absence of a discussion on this subject mean that Mortenson feels that the subsequent refurbishing costs are insignificant?
If the lamp issue is significant, are there additonal design areas of concern not covered in the report?
The capital budget is analyzed for 15 years. My experience is that capital budget analysis is usually 20 years , or at least multiples of 10. I am wrong? Sorry if I am.
Besides the lighting issue, are there other costs associated with bringing the facility up to city energy efficiency standards?
The story was first reported by yesterday in The Capital Times by Kristin Czubkowski in her Laptop City Hall column, Council working on model for private Overture Center,and subsequently in the Wisconsin State Journal by Deam Moisman, In a major change, officals will consider private ownership of Overture.
George Hesselberg was the right reporter to write this story. Eric Roang, the proprietor of the Fruit Stand, has packed up his fruit and stand into his truck for the last time. He will be sorely missed on the UW-Madison campus.
Eric Roang, 59, garrulous owner and operator, temporary confidant to thousands of apple-polishers, opened in 1980 with "a few boxes of fruit on a couple of planks" adding fresh fruit to the menu for thousands of students and workers.
In addition to the recent opening of a new, full-line supermarket nearby, Roang said "the nature of pedestrian traffic here has changed."
The university has moved administrative offices away from the corridor, which cut into business from workers, he noted. Business this year is down 50 percent, he said. And attracting student walkers to trail mix, apples and oranges is not easy when eyes and attention are fixed on their cell-phones, Roang said.
"We have a whole different ball game than even three years ago," he explained. "People don't talk anymore, they are almost timid. A whole section of our business is attracting people walking by."
He said life after the Fruit Stand may include a run for mayor, which he is looking into and has been thinking about for the last 20 years.
I'm not sure Eric should make the run for mayor, which he has been considering for years. Mayor Dave isn't going without a fight, and Eric is far too straightforward a speaker to not offend voters with his pronouncements. The County Executive job is more wide-open, but the voters are probably going to want someone a bit more polished.
Locate a permanent, indoor kiosk selling fruit and healthy snacks in the new Union South. Grant the franchise to Eric. Engineering students can be educated to add fruit to their Cheetos and cola diets. Add the Fruit Stand to the list of places that take Athletic Department food vouchers and have Coach tell the team to all eat fruit twice a week.
Otherwise, it's thanks to Eric Horang for 30 years of making Library Mall a more healthy, funny, and welcoming place. Thanks also to Don Helly, Eric's longtime (24 years) sidekick fruit seller and resident philosopher.
Another great Madison institution ends a long run.
Before reading further, understand that the orginal article is Timothy Noah's The United States of Inequality: Introducing the Great Divergence in SLATE.
One of the hallmarks of banana republics, says the NYT's Nicholas Kristof, is income inequality. In some countries, the wealthiest 1% of the population takes home 20% or more of the national income.
A candid examination of right-wing policies and the Democrats who play along and the horrid liberal policies designed to assuage the moderates but end up irritating everyone. And other stuff.
This is not other stuff.
On Tuesday night the city of Madison Common Council began deliberations regarding the future of the Overture Center for the Performing Arts.
For those uncertain as to the issues, the troubled center has a robust and determined group of supporters (we will call them MCAD/201 STATE) who claim that if the city does not accept their three conditions, the facility 'will go dark.' This would presumably cast a spell upon the the denizens of Madison, who will forever wear a scarlet letter as a reminder that they ruined the economy, turned their backs on their benefactors, and are clearly uncivilized pagans with no appreciation of the arts.
The fiscal review shows no serious problem - That is not the central financial issue. Overture has had a rocky and troubled fiscal past. Clearly, the books were not reconciled. MCAD/201 STATE failed to follow generally accepted accounting principles. The real problem is the accuracy of the income projections going forward. Troubled past accounting issues can easily be rectified by hiring competent staff, not an impossible challenge even for Overture's management. Flawed revenue projections can destroy the facility or at least create havoc for the city of Madison.
Overture shows increased revenues from Broadway touring companies. From coast to coast, major performing arts centers are forecasting a decline in revenues from touring road shows.
Kids in the Rotunda is marvelous, it warms my heart. Yes, it warms mine too. That is why a commitment to free programming for kids was an essential element of the Civic Center from the first planning in 1978. Then it was called Kids in Crossroads.
Kids coming out of the school buses to see the performances is marvelous, it warms my heart. Yesm it does; mine too. That is why a commitment to cheap tickets for kids to see performances was part of the old Civic Center.
No matter what happens to Overture, the programming for kids will continue. Loving the kids is nice but it does not get to the core issue of making the facility stable. Note: why is it that so many of the people who love the kids' programs are not residents of Madison and don't pay the bills?
If the city of Madison does not accept this deal, Overture goes dark. Here is what happened. A group from MCAD/201 STATE met with the banks and negotiated a deal - the deal had three key points. These folks get to operate Overture, the city of Madison had to take ownership which means taking the responsibility of maintaining the building, and the city had to agree to terms by December 31, 2010. If the city refused these conditons, Overture goes dark, and it is the city's fault.
This is so simple. Tell the MCAD/201 STATE people that the city will help out with another $1 million or so a year for Overture (give them the money that claim they need) and these wealthy people can own Overture for a payment of $1.
And if they refuse the offer, Overture goes dark and it is their fault.
These are red herrings. I do not know if they are fresh but there is plenty of fish for everyone and more on the way.
Seriously, as the past two months unfolded and I learned more about this proposed deal, I became suspicious as to why MCAD/201 STATE was so determined to have its own way -- it just did not make sense, since there are so many reasonable choices that do not put the city of Madison at risk and yet give the city an opportunity to significantly help Overture.
There is something going on here. There is another agenda item that is not disclosed. And that is part of the entire problem with Overture for the past decade - lack of transparency.
Hopefully, whatever it is will come out before long.
The old rules of politics no longer apply.
You can win every debate, as Feingold did.
You can get practically every newspaper endorsement in the state, as Feingold did, including some very conservative ones.
You can be a loyal and dutiful servant of your constituents, coming home every weekend and visiting every county every year, as Feingold did.
And you can still lose.
One reason is money, and the hideous Supreme Court decision in the Citizens United case, which opened the floodgates.
"Common Cause of Wisconsin estimated the total spent at $40 million to $45 million for the senate race, a record amount. Outside groups spent about $5 million, most of that on ads opposing Feingold," according to the Wisconsin State Journal.
How ironic it is that Feingold, who more than any other Senator tried to limit the poisonous influence of corporate money in politics, succumbed to that very disease.
...Now Feingold leaves with his dignity and his principles intact.
It is all written down and put in a time capsule to be opened in 100 years. Publishing it would make no difference.
It is good that there are two political parties. Neither could win without the other.
Wisconsin AD-77: Hulsey Stumbles In Stretch; Manski Gaining As Spencer Black Decries Hulsey's "Problem With Trustworthiness"
...Friday afternoon, current District 77 Rep. Spencer Black spoke out that Hulsey's campaign had used a made-up quote from him urging voters to choose Hulsey because he "will continue my progressive and environmental tradition," "create jobs, make our schools better and safer, and promote cleaner energy and lakes." The quote was attributed to Black despite his specifically saying not to do so, Black says, and used in a brochure and briefly on Hulsey's website. Made-up quotes are not unusual in the public relations industry, but using them without permission is, for obvious reasons, a faux pas.
Black says in an interview that he was "shocked" when he saw the false quote and that he had originally told Hulsey that "I will say what I have to say in this race."
Black forwarded an e-mail to me sent on Friday morning to Hulsey in which he says this incident is an example of why Hulsey has a "problem with trustworthiness."
"You can't use a statement that I didn't write. I don't let people put words in my mouth," Black writes. "You can't assume someone says something that they didn't or a Congresswoman endorses you when she doesn't."
Retiring Democratic legislator Spencer Black said Saturday he is "rethinking" his support for Brett Hulsey after the Democratic nominee for the 77th Assembly District sent out campaign fliers and e-mails with a made-up statement from Black that Black did not approve.
"Trust is very important," Black said. "It's a key to being effective in the Legislature."
Previously, Waxing America set the odds on Ben Manski winning at 10-1 against, a very long shot. These developments have tightened the race somewhat, but the odds are still very much against a Green Party victory. If you could find any suckers willing to bet real money on Manski, they should get at least a 5-1 payoff. Hulsey is putting new meaning into the phrase "winning ugly."
UPDATE: Paul Soglin's endorsement of Ben Manski today lowers his odds again. Morning line on election day is now 3-1.


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What makes our Saffrosun for Children so effective?
Saffrosun for Children contains 14mg of organic saffron extract and a minimum of 3.5% lepticrosalides - the full range of active ingredients - crocin, picrocrocin and saffranal - in comparison to alternative products that feature only 0.3% of only one of the required bioactive ingredients.
Aged 6 -10 years: Give one capsule each morning with food.
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My child is constantly feeling tired and exhausted. How will Saffrosun for Children help?
Saffrosun for Children contains 100% of the daily amount for vitamin B12 which has been shown in clinical research studies to reduce tiredness and fatigue. Saffrosun for Children is unique in that it also contains high-quality Spanish saffron extract which has been shown in clinical studies to help emotional balance. However, it is important to note that long term symptoms of tiredness and fatigue can be caused by a variety of symptoms such as iron deficiency. We would advise that any child who is experiencing problems for more than four weeks should speak to their medical practitioner to investigate the cause of their symptoms further.
How will I know that Saffrosun for Children will be effective?
The Naked Pharmacy has formulated Saffrosun for Children using the exact amounts of active ingredients proven to be effective for these symptoms in clinical research. We have purchased the best quality ingredients that contain the highest levels of active components. Our gold standard saffron contains extracts of saffranal, crocin, picrocrocin and a minimum of 3.5% of lepticrosalides by HPLC.
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Free stand wooden strong stand with marble base coat, hat, umbrella, stand. This is available into three different colours: walnut, white and Mahogany. The polished wood and created design within gives traditional theme for your room environment.
Due to the quality wood and marble base we have used will neednot you to worry of fall or broken down.
This design has 10 angle hooks on top,4 level hooks middle and a semi circle hook,totally 15 hooks to suit various needs.
Heavy black marble base makes it sturdy and easily matches your floor.
Available colours: Walnut, White and Mahogany.
We keep our products away from cheaper versions available in the market.


text:
Protecting truthful advertising by attorney-cpas—ibanez V. Florida department of business & professional regulation, board of accountancy
Size 239.33 Kb.
PROTECTING TRUTHFUL ADVERTISING BY ATTORNEY-CPAs—IBANEZ V. FLORIDA DEPARTMENT OF BUSINESS & PROFESSIONAL REGULATION, BOARD OF ACCOUNTANCY, 114 S. CT. 2084 (1994)
Edward L. Birk*
©1995 Florida State University Law Review
When Winter Haven attorney Silvia S. Ibanez advertised her qualifications as a member of The Florida Bar, as a certified public accountant (CPA), and as a certified financial planner (CFP), she knew she was telling the truth about her qualifications. She also thought she was providing information to her clients and potential clients that would help them make informed choices. The Florida Board of Accountancy1 (the Board), however, saw Ibanez's advertisements quite differently. The Board attempted to reprimand her for using the initials JD, CPA, and CFP in her telephone advertisements, on her business cards, and on her firm letterhead.2 The Board proposed a reprimand and accused Ibanez of engaging in false, misleading, and deceptive advertising.3
Ibanez fought back, challenging the Board's action before a state administrative tribunal, in state court and, ultimately, in front of the United States Supreme Court, asserting her right to advertise truthful information that could be useful to potential clients.4 The Supreme Court decided in Ibanez's favor by upholding her right to advertise her professional qualifications.5 In doing so, the Court affirmed the standards for government regulation of commercial speech that it announced in 1980 with Central Hudson Gas & Electric Corp. v. Public Service Commission of New York6 and has consistently affirmed in the years since.7 The popular press heralded Ibanez's fight and the Court's decision in her case as a vindication of free speech.8 Others, however, have been less enthusiastic about the holding in Ibanez and the impact it will have on regulation of professional advertising.9
This Note examines Ibanez and considers the substantial government interests states must demonstrate before they may regulate truthful commercial speech.10 It concludes that the Ibanez Court failed in its reasoning and holding to extend—under its own precedent—the maximum possible protection to consumers who may be misled, or at least left uninformed, by professional advertising similar in content and form to that used by Ibanez.11
II. Ibanez: Attempting to Regulate Truthful Commercial Speech
As case law in general and Ibanez in particular indicate, the Supreme Court's rules for regulating professional advertising have been on a course toward increasingly well-settled doctrine.12 This trend notwithstanding,13 state interpretation and application of those rules has been less settled as state bar associations and other regulatory agencies explore their power in an attempt to prevent public disrespect for the practice of law and other professions through restrictions on otherwise protected professional commercial speech.14
A. The Facts
1. Advertising the Truth
Silvia Ibanez is a sole legal practitioner who holds degrees in business administration15 and law;16 she has been licensed to deal in securities, annuities, and insurance; she is a certified circuit court mediator; and she established her own financial planning firm in 1985 and operated it until 1988, when she started her law practice.17 She has been a member of The Florida Bar since 1983.18 As a CPA, she is licensed by the Board of Accountancy to perform the "attest" function of auditing.19 She also holds the designation of CFP, issued by the Certified Financial Planner Board of Standards, a private, non-profit group.20 Ibanez believed that all of these qualifications could be important to potential clients, so she included them on her letterhead, on her business cards, and in telephone book listings.21
2. The Complaint
The Florida Board of Accountancy issued a complaint against Ibanez after an anonymous source sent a page torn from the Winter Haven Yellow Pages directory.22 Circled on the telephone book page was Ibanez's attorney advertisement, which included the initials CPA and CFP next to her name.23 Upon investigation, the Board discovered her other uses of CPA and CFP.24 In spite of the veracity of her advertisements,25 the Board charged in its administrative complaint that she violated the Board's "holding-out" rule, which prohibited Ibanez and others from advertising her status as a CPA unless she practiced as one.26 The three-count complaint also charged that Ibanez was practicing public accountancy in an unlicensed accounting firm,27 was using a specialty designation—CFP—not approved by the Board28 and, by advertising her CPA designation, was implying that she had complied with the Public Accountancy Act's prohibition against "fraudulent, false, deceptive, or misleading" advertising.29 The Board asserted Ibanez was holding herself out as a CPA through an unlicensed accounting firm—a fact Ibanez readily acknowledged—and therefore "an uninformed person may not be able to differentiate whether she is in the practice of public accounting."30
Ibanez responded to the Board's disciplinary complaint and filed an additional complaint under the Florida Administrative Procedure Act31 challenging the validity of the Board's "holding-out" rule.32 During the administrative challenge, Ibanez freely admitted her use of the CPA designation, asserted that her legal clients derived benefit from her training and experience as an accountant, and protested the Board of Accountancy's attempt to impose jurisdiction over her legal practice.33 The hearing officer decided in favor of Ibanez, finding the "holding out" rule to be an invalid exercise of delegated legislative authority because the rule
seems intended to prohibit publication of a licensee's CPA status when that publication would confuse or mislead consumers as to whether the licensee is performing public accounting services . . . . The rule does not accomplish that intent, but rather utterly confuses a licensee as to when an activity, legitimate on its face, is proscribed and subject to disciplinary prosecution.
The Board seeks to impose disciplinary oversight to protect the public against both fraud and negligence, but one statutory and regulatory scheme ranges far beyond that legitimate purpose, contrary to the expressed legislative intent for the Board. The rule is overbroad, vague, contradictory, and ambiguous.34
In her disciplinary proceeding, Ibanez argued that she was practicing law, not accountancy, and therefore should not be subject to the Board's regulatory power.35 She argued that her advertising was nothing more than "nonmisleading, truthful, commercial speech."36 For some reason, the Board dropped its single count of practicing public accounting in an unlicensed firm, and subsequently, the hearing officer ruled in Ibanez's favor on all remaining counts.37
The Board, however, rejected the hearing officer's recommended order, substituted its own final agency order and found Ibanez guilty of "false, deceptive, and misleading" advertising.38 The final agency order reasoned that to attach the initials CPA to one's advertising was to invoke the Board's jurisdiction.39 The Board asserted that Ibanez had so invoked its jurisdiction, but then denied the Board's authority to regulate her activity as an attorney.40 This, the Board reasoned, was to render her use of the CPA designation misleading to the public because the Board protects the public by regulating CPAs. For Ibanez to flout Board jurisdiction, members reasoned, was to leave the public not knowing to whom Ibanez should answer for regulatory violations.41 The Board also held against Ibanez for her use of the CFP designation, reasoning that any use of the word "certified" to refer to any organization other than the Board "inherently misleads the public into believing that state approval and recognition exists."42
B. The Holding
Ibanez appealed the Board's final order, and the First District Court of Appeal issued a per curiam affirmance without opinion.43 The U.S. Supreme Court granted certiorari44 and subsequently reversed the Board's final order.45
Ibanez, issued on the same day as another noteworthy decision upholding First Amendment principles,46 was a strong reaffirmation of the principle that state actors must show substantial government interest if they seek to regulate truthful advertising.47
The record reveals that the Board has not shouldered the burden it must carry in matters of this order. It has not demonstrated with sufficient specificity that any member of the public could have been misled by Ibanez's constitutionally protected speech or that any harm could have resulted from allowing that speech to reach the public's eyes. We therefore hold that the Board's decision censuring Ibanez is incompatible with First Amendment restraints on official action.48
The Court unanimously upheld Ibanez's right to use the CPA designation in her attorney advertising and on her law office letterhead.49 The Court, by a 7-to-2 vote, also upheld her right to advertise her CFP status without a disclaimer identifying the organization that had conferred the designation.50
C. The Reasoning
Stated broadly, the Court was faced with two issues: whether Silvia Ibanez was subject to the jurisdiction of the Board of Accountancy even though she was practicing only law and not accountancy; and whether, in spite of the apparent truthfulness of her advertising, the Board could restrict her use of professional designations she had earned and maintained according to the requirements of reputable conferring organizations.51
Initially, Ibanez asserted that, although she was a licensee of the Board, the Board had no power to exercise jurisdiction over her because she did not engage in any professional services that could be construed as public accountancy.52 The Board argued to the Court that by using the CPA designation in her advertising, Ibanez was telling the public that she abided by all rules and regulations of the Board. But by denying the Board's jurisdiction, the Board argued that "she believes and acts as though she is not" subject to its jurisdiction.53 The Board provided no evidence beyond Ibanez's assertions denying Board jurisdiction to prove that she actually was flouting Board regulations.54 Ruling on this first issue, the Court held that regardless of the Board's ability to exert regulatory jurisdiction over her, Ibanez's beliefs alone were not grounds for sanction.55 The Court relied on Baird v. State Bar of Arizona56 in holding that neither Ibanez's beliefs nor the Board's mere assertions of her unwillingness to comply with Board regulations would be sufficient to justify official discipline:
To survive constitutional review, the Board must build its case on specific evidence of noncompliance. Ibanez has neither been charged with, nor found guilty of, any professional activity or practice out of compliance with the governing statutory or regulatory standards. And as long as Ibanez holds an active CPA license from the Board, we cannot imagine how consumers can be misled by her truthful representation to that effect.57
The Court next addressed the Board's contention that use of the CFP designation was inherently or potentially misleading, a threshold requirement for state regulation of commercial speech. The Board contended that otherwise uninformed consumers would know that the state had "certified" Ibanez as a public accountant and would therefore assume erroneously that because Florida had conferred the CPA designation on Ibanez, the State also had "certified" her as a financial planner, when in fact it was a private organization that had conferred the CFP designation.58 This, the Board asserted, would be inherently misleading.59
In rejecting the Board's claim that Ibanez's advertising was inherently misleading, the Court relied on Peel v. Attorney Registration and Disciplinary Commission of Illinois60 when it ruled seven-to-two that "[t]he Board's justifications for disciplining Ibanez for using the CFP designation are scarcely more persuasive" than its justification for sanctioning Ibanez's defiant attitude toward the Board's authority.61 Following Peel, the Court further held that absent any evidence of actual deception, the Board's "concern about the possibility of deception in hypothetical cases is not sufficient to rebut the constitutional presumption favoring disclosure over concealment."62
The Ibanez majority noted that the Peel decision left open the possibility for regulation of professional advertising when the materials had the real potential to confuse consumers.63 For example, if an organization conferring a professional designation were not well known, the potential for misleading consumers would grow as would the state's justification for regulation. The Ibanez Court, however, noted that more than 27,000 people nationwide have earned the CFP designation and that more than fifty accredited universities and colleges have established courses of study in financial planning approved by the Certified Financial Planner Board of Standards.64 The CFP Board also requires rigorous examination of candidates before conferring the CFP designation.65
As in Peel, the Ibanez majority was satisfied that the layperson would be well protected from such potential confusion and well informed simply by telephoning the organization conferring the specialty status of certified financial planner.66 Although the Board of Accountancy regulates the use of non-Board specialty designations by requiring automatic disclosure of a conferring organization's full identity, the Court on this issue deferred to the rules of The Florida Bar.67 The Bar's rules require attorneys to disclose details of their experience, training, and specialty certifications only when asked.68 Further, the majority held that to require as detailed a disclaimer as the Board had sought from Ibanez in her advertisements might prohibit advertising in the Yellow Pages or on business cards because of space limitations.69
The Board had attempted to justify its disclaimer requirement by arguing that placement of the CFP and CPA designations close to one another was potentially misleading.70 In response to that contention, the Court relied on Zauderer v. Office of Disciplinary Counsel of the Supreme Court of Ohio.71 The Ibanez Court held that the phrase "potentially misleading" could not operate as a shibboleth, the mere invocation of which would allow those seeking to regulate commercial speech to overcome their heavy burden of "demonstrat[ing] that the harms it recites are real and that its restriction will in fact alleviate them to a material degree."72
The Zauderer Court quoted In re R.M.J., when it noted that "[t]o the extent that potentially misleading statements of private certification or specialization could confuse consumers, a State might consider screening certifying organizations or requiring a disclaimer about the certifying organization or the standards of a specialty."73 The Ibanez Court affirmed, that in the case of truthful advertisements that are only potentially misleading, disclaimers are an appropriate and narrowly tailored response.74 The Ibanez Court, however, did not find the CFP designation or its placement confusing.75 Had Ibanez's advertisements been demonstrably false, the Board would have been able to regulate those claims, perhaps by imposing an outright ban on their use.76
In concluding, the majority noted that Ibanez is a sole legal practitioner, and she did not engage in any professional conduct reserved exclusively for CPAs.77 For this reason, the Court found significance in the fact that The Florida Bar Rules of Professional Conduct authorize use of the CFP designation.78 Additionally, Ibanez was not advertising a specialty designation conferred by an organization that had "made no inquiry into petitioner's fitness" or had simply issued the designation for a fee.79 Such a designation would be per se misleading and thus subject to state regulation.80 Finally, the majority reminded the Board that it had presented a record so bare of substantive justification for the restriction of commercial speech, that "[t]o approve the Board's reprimand of Ibanez would be to risk toleration of commercial speech restraints in the service of . . . objectives that could not themselves justify a burden on commercial expression."81
D. The Dissent
Justice O'Connor and Chief Justice Rehnquist concurred in the majority decision permitting Ibanez's use of the CPA designation. They dissented, however, on the issue of displaying the CPA and CFP designations in close proximity without requiring a disclaimer identifying the conferring organizations, arguing that Ibanez may have created the potential for misleading the public into believing that the state had issued, and would monitor, both certifications, rather than just the CPA certification.82 According to the dissent, had Ibanez included some statement explaining what organization had conferred her certified financial planner designation, the Board's claim would have carried less merit.83
Justices O'Connor and Rehnquist also suggested that the Board could refile its only charge that held some chance of success—practicing public accountancy in an unlicensed accounting firm.84 This would allow the Board to exert its jurisdiction over Ibanez, revoke her CPA license, and then discipline her if she continued advertising as a CPA.
III. The First Amendment: Some Speech Is More Equal Than Others
To non-lawyers, Silvia S. Ibanez was merely advertising herself when she listed her name and professional qualifications in the attorney section of the telephone book, on her law practice business cards, and on her law office letterhead. To lawyers, however, she was speaking in the realm of commercial speech—the middle ground of the First Amendment's three-tiered classification of speech protections.86 Maximally protected against government regulation is political speech, the theoretical core of the First Amendment.87 On the opposite end of the spectrum is obscenity, which enjoys no protection from government regulation.88 Adrift in the middle region is commercial speech—protected from government restraint if it is truthful, yet subject to regulation if it has the potential to mislead, is false, or pertains to illegal activity.89 Commercial speech, formerly unprotected like obscenity, has gained this measured degree of protection in the past twenty years as a method to ensure consumers have access to information they need for decision-making in the marketplace.90
This next section gives a brief history of the commercial speech doctrine and commercial speech in the context of advertising by attorneys and other professionals.
A. History of the Commercial Speech Doctrine
Under the theory of our federalist system of democracy, the Constitution ostensibly grants to the central government only those powers the states relinquish.91 Thus, Alexander Hamilton asked in the Federalist Papers why our democracy should need constitutional language expressly protecting the rights of speech, press, religion, and of association when the Constitution granted no powers to the federal government permitting the abridgement of such rights.92 Several states balked at Hamilton's idealistic thinking.93 The result of this balking, however, was the Bill of Rights, passed in the first session of Congress in 1789.94 In retrospect, it was wise of the states to require the First Amendment and the other amendments in the Bill of Rights. Although the language of the First Amendment is absolute—"Congress shall make no law . . ."95—Congress has enacted, and the Supreme Court has enforced, many abridgements of the freedoms of speech and press.96 One can only imagine what Congress or the executive branch might have achieved without First Amendment constraints.97
Although the Court has deemed political speech to represent the founding purpose of the First Amendment,98 commercial speech was, for many years, not deemed part of that founding purpose.99 As recently as 1942, the Supreme Court held in Valentine v. Chrestensen that while governments could not "unduly burden or proscribe" otherwise protected speech in public places, the Constitution imposed "no such restraint on government as respects purely commercial advertising."100 This rule would remain steadfast until 1976, when the Supreme Court held in Virginia State Board of Pharmacy v. Virginia Citizens Consumer Council, Inc. that the First Amendment affords a measure of protection for speech pertaining to commercial transactions.101 The Court based its decision on a policy that consumers receiving product information could make better-informed purchase decisions than consumers kept in the dark by government regulations.102 In Virginia State Board of Pharmacy, the Court rejected Chrestensen when it invalidated a Virginia statute declaring pharmacists unprofessional if they advertised their prices for prescription drugs.103 The Court reasoned that the statute could leave consumers ignorant of information vital to their health,104 and that speech does not lose its First Amendment protection simply because money is spent to disseminate the speech.105 To justify government regulation of commercial speech, there must be a more substantial government interest.106
Four years later, when the state of New York attempted to promote energy efficiency by enacting a blanket ban on advertising that advocated the use of electricity, the Court—as it had in Virginia State Board of Pharmacy—found the statute's scope was broader than necessary to achieve its stated purpose, in this case conservation.107 In Central Hudson Gas & Electric Corp. v. Public Service Commission of New York,108 the Court recognized New York's important state interest in promoting energy efficiency and conservation because of the 1970s oil embargoes and attendant escalation of energy prices.109 Nevertheless, the Court held that a blanket ban on utility advertising was too broad to meet this interest.110
Under Central Hudson, a regulation of commercial speech must pass four hurdles to be valid.111 First, the speech must be truthful, must concern lawful activity, or must not otherwise be subject to regulation. Second, there must be a substantial government interest in regulation. Third, the regulation must directly advance that substantial government interest. Fourth, the regulation cannot reach further than necessary to achieve its intended result.112
Since 1980, advertisers generally have received Central Hudson and the protection of commercial speech enthusiastically.113 Professional advertisers such as attorneys and certified public accountants have enjoyed increasingly well-settled commercial speech doctrines allowing them to advertise free from government regulation in most instances. Regulators of professional advertising, however, have frequently been on the losing side of disputes challenging restrictions of such speech.114 State bar associations, in particular, have been challenged by the commercial speech doctrine to craft constitutional regulations of attorney advertising that address their concern for the public image of the legal profession yet survive consitutional scrutiny under Central Hudson.115
court relied
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florida board


text:
require "google/cloud/bigquery/analytics_hub/v1"

##
# Example demonstrating basic usage of
# Google::Cloud::Bigquery::AnalyticsHub::V1::AnalyticsHubService::Client#create_data_exchange
#
def create_data_exchange
  # Create a client object. The client can be reused for multiple calls.
  client = Google::Cloud::Bigquery::AnalyticsHub::V1::AnalyticsHubService::Client.new

  # Create a request. To set request fields, pass in keyword arguments.
  request = Google::Cloud::Bigquery::AnalyticsHub::V1::CreateDataExchangeRequest.new

  # Call the create_data_exchange method.
  result = client.create_data_exchange request

  # The returned object is of type Google::Cloud::Bigquery::AnalyticsHub::V1::DataExchange.
  p result
end
# [END analyticshub_v1_generated_AnalyticsHubService_CreateDataExchange_sync]


Albert Men's Georgian Pumps offer an elegant solution to both day and evening attire for gentleman in need of comfortable, stylish footwear.
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Albert Men's Georgian Pumps are available in men's standard D width sizing. We also offer a women's version of this shoe called "Bertie".


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text:
1/23/2020 1:13 PM CET SKA B: SEK 225.0 -0.1% n
Notice to attend the Annual General Meeting in Skanska AB (publ)
3/7/2018 8:30 AM CET
The shareholders of Skanska AB (publ), reg no 556000-4615 (the "Company"), are hereby given notice to attend the Annual General Meeting (the "Meeting") to be held on Friday April 13, 2018 at 10.00 a.m. CET in Stockholm Waterfront Congress Centre, Nils Ericsons Plan 4, Stockholm, Sweden. Registration will begin at 9.00 a.m. Coffee and cake will be served before the Meeting.
Right to participate
Shareholders who wish to participate in the Meeting must be recorded in the share register maintained by Euroclear Sweden AB on Saturday April 7, 2018 (please note that since the record date is a Saturday, shareholders must be registered in the shareholders register on Friday April 6, 2018, at the latest) and notification must be received by the Company not later than on Monday April 9, 2018 preferably before 12.00 noon.
Notice to participate in the Meeting may be addressed:
• by mail to Skanska AB (publ), Årsstämman 2018, c/o Euroclear Sweden, Box 191, 101 23 Stockholm, Sweden, or
• by telephone, +46 8 402 92 81, Monday to Friday from 9.00 a.m. to 4.00 p.m., or
• via www.skanska.com/group, under the heading "Annual General Meeting".
When giving notice, a shareholder must state name, personal identification number or company registration number, address, telephone number and, where relevant, the number of attending counsels (no more than two).
An admission card, which shall be presented at the entrance to the Meeting venue, will be sent by mail beginning on April 10, 2018.
Shareholders represented by proxy must issue a written, by the shareholder signed and dated, power of attorney for the proxy. The power of attorney may be valid for at most one year from the date of issue, unless the power of attorney specifies a longer period of validity, not to exceed five years from the date of issue. A power of attorney form can be downloaded from the Company's website under the heading "Annual General Meeting". The power of attorney in original, as well as, a certificate of incorporation or other authorization documentation, should be submitted to the Company at the address set out above well in advance of the Meeting.
Nominee-registered shares
Shareholders with nominee-registered shares held via a bank or other nominee must re-register their shares in their own name with Euroclear Sweden AB to be entitled to participate in the Meeting. Such re-registration, which may be temporary, should be requested from the bank or other nominee acting as trustee well in advance of April 7, 2018.
For Skanska employees, who have invested in Skanska-shares under the Skanska employee ownership programs Seop 1 (2008 - 2010), Seop 2 (2011 - 2013), Seop 3 (2014 - 2016) and Seop 4 (2017-2019) and who wish to vote at the Meeting, the Company may assist in such re-registration of the shares in their own name. Employees wishing the Company's assistance should inform the Company about this by telephone +46 10 448 03 83 or by e-mail: , stating full name, personal identification number, address and so-called global ID, received for the Skanska employee ownership programs, as soon as possible and not later than March 29, 2018. Such a request for re-registration will be regarded as a notice to participate in the Meeting.
Proposed agenda
1) Opening of the Meeting.
2) Election of the Chairman of the Meeting.
3) Preparation and approval of the list of shareholders entitled to vote at the Meeting.
4) Approval of the agenda.
5) Election of two persons to verify the minutes together with the Chairman of the Meeting.
6) Determination of whether the Meeting has been duly convened.
7) Addresses by the Chairman of the Board and by the CEO.
8) Presentation of the annual report and auditors' report for 2017 and the consolidated accounts and the auditors' report for the consolidated accounts for 2017.
9) Motion to adopt the income statement and balance sheet, and the consolidated income statement and the consolidated balance sheet.
10) Motion regarding the disposition of the Company's profit as shown in the adopted balance sheet, and determination of the record date for payment of dividend.
11) Motion to discharge members of the Board and the CEO from liability.
12) Determination of the number of Board members and deputy members to be elected by the Meeting and the number of auditors and deputy auditors.
13) Determination of fees for Board members and auditors.
14) Election of Board members and deputy members and election of the Chairman of the Board.
A. election of Board member: Pär Boman
B. election of Board member: Nina Linander
C. election of Board member: Fredrik Lundberg
D. election of Board member: Jayne McGivern
E. election of Board member: Charlotte Strömberg
F. election of Board member: Hans Biörck
G. election of Board member: Catherine Marcus
H. election of the Chairman of the Board: Hans Biörck
15) Election of auditor.
16) Decision for instruction to the Nomination Committee in Skanska AB (publ).
17) Decision for principles for salary and other remuneration to senior executives.
18) Decision to authorize the Board to decide on purchases of own shares and decision on transfers of own shares:
A. Decision to authorize the Board to resolve on purchases of Series B shares in Skanska; and
B. Decision to authorize the Board to resolve on transfers of Series B shares in Skanska.
19) Closing of the Meeting.
The Nomination Committee comprises Helena Stjernholm (AB Industrivärden) Chairman, Mats Guldbrand (L E Lundbergföretagen AB), Bo Selling (Alecta), Lars-Åke Bokenberger (AMF) and Hans Biörck, Chairman of the Board of Skanska AB (publ).
Proposals of the Board and the Nomination Committee respectively
Item 2 Election of the Chairman of the Meeting
The Nomination Committee's proposal: attorney Dick Lundqvist to be elected Chairman of the Meeting.
Item 10 Dividend and record date
The Board proposes a dividend of SEK 8.25 per share. April 17, 2018 is proposed as the record date for payment of the dividend. If the Meeting votes in favour of this motion, it is expected that dividend will be paid on April 20, 2018, through Euroclear Sweden AB.
The Nomination Committee's proposals under items 12-16
Item 12 Determination of the number of Board members and deputy members to be elected by the Meeting and the number of auditors and deputy auditors
The Nomination Committee's proposal: Seven board members and no deputies, and one registered accounting company elected as auditor with no deputy auditor.
Item 13 Determination of fees for Board members and auditors
The Nomination Committee's proposal:
It is proposed that a fee of SEK 2,040,000 is paid to the Chairman of the Board (year 2017: SEK 2,040,000) and SEK 680,000 (year 2017: SEK 680,000) to each of the other Board members elected by the Meeting.
A special appropriation is proposed for the committee work amounting to SEK 220,000 (2017: SEK 220,000) to the Chairman of the Audit Committee and SEK 157,500 (2017: SEK 157,500) to each of the other Committee members, SEK 110,000 (2017: SEK 110,000) to the Chairman of the Compensation Committee and SEK 105,000 (2017: SEK 105,000) to each of the other Committee members, SEK 205,000 (2017: SEK 205,000) to the Chairman of the Project Review Committee and the Committee members.
The proposed compensation for the committee work applies to the Board members elected by the Meeting. It is proposed that the fee to the auditor shall be paid in the amount shown on approved invoices.
Item 14 Election of Board members and deputy members and election of the Chairman of the Board
The Nomination Committee's proposal for election of Board members:
A. Pär Boman re-election
B. Nina Linander re-election
C. Fredrik Lundberg re-election
D. Jayne McGivern re-election
E. Charlotte Strömberg re-election
F. Hans Biörck re-election
G. Catherine Marcus re-election
The Nomination Committee's proposal on election of Chairman of the Board:
A. Hans Biörck re-election
The Nomination Committee's statement supporting its proposal and information about the proposed Board members are available on the Company's website, www.skanska.com/group.
Item 15 Election of auditor
The Nomination Committee's proposal: re-election of EY. EY has informed that, if EY is elected, the authorized public accountant Hamish Mabon will be auditor in charge.
Item 16 Decision for instruction to the Nomination Committee in Skanska AB (publ)
The Nomination Committee proposes that the Meeting adopt the same Instructions for the Nomination Committee in Skanska AB (publ) as before, with the addition of a final date, 31 December, for the Nomination Committee to consider inclusion of new members in connection with ownership changes.
The Board's proposals under items 17-18
Item 17 Decision for principles for salary and other remuneration to senior executives
The Board's proposal for salary and other remuneration to senior executives is the same as for 2017 (with the exception of minor editorial changes) and implies that the overall remuneration should be in line with the market and competitive and that distinguished performance will be reflected in the total remuneration.
Benefits shall comprise fixed salary, possible variable remuneration, other customary benefits and pension. The variable remuneration shall be payable in either cash and/or shares and it shall be capped and related to the fixed salary. Distribution of shares shall have a vesting period of three years and be part of a long-term incentive program. The variable remuneration must be based on results in relation to established targets and designed to increase the common of interest between the executive and the shareholders of the Company. For annual bonus, there should be a possibility to limit or refrain from paying variable remuneration if the Board considers that this is for any reason appropriate.
Pension benefits should be either defined-benefit or defined-contribution schemes, or a combination thereof, and normally provide right to receive pension at 65 years of age, or, in individual cases at the earliest at 60 years of age. In principle, variable remuneration shall not be pensionable.
The Board may under special circumstances deviate from these principles in individual cases.
Item 18 Decision to authorize the Board to decide on purchases of own shares and decision on transfers of own shares
Item 18 A. Decision to authorize the Board to resolve on purchases of Series B shares in Skanska
For the purpose of securing future deliveries of Series B shares under the Skanska employee ownership program adopted at the Annual General Meeting on April 6, 2016 (Seop 4), the Board proposes that the Annual General Meeting 2018 authorizes the Board to decide upon acquisitions of Series B shares on the following terms and conditions.
• Acquisitions of Series B shares in Skanska may only be effected on Nasdaq Stockholm.
• The authorization may be exercised on one or several occasions, however at the latest until the Annual General Meeting 2019.
• No more than 3,000,000 Series B shares in Skanska may be acquired to secure delivery of shares to participants in Seop 4 and for subsequent transfers on a regulated market in order to cover certain costs associated with Seop 4.
• Acquisitions of Series B shares in Skanska on Nasdaq Stockholm may only be made at a price within the from time to time applicable range of prices (spread) on Nasdaq Stockholm, meaning the interval between the highest purchase price and the lowest selling price.
Item 18 B. Decision to authorize the Board to resolve on transfers of Series B shares in Skanska
The Board proposes that the Meeting authorizes the Board to resolve that a maximum of 700,000 Series B shares in Skanska, that were purchased by virtue of previous authorizations to repurchase own shares, may, prior to the Annual General Meeting 2019, be transferred for the purpose of covering certain costs, mainly social security costs, that may occur under the Skanska employee ownership program adopted at the Annual
General Meeting on April 11, 2013 (Seop 3). The authorization may be exercised on one or several occasions, however at the latest until the Annual General Meeting 2019. Transfers of shares shall be effected on Nasdaq Stockholm at a price within the applicable range of prices (spread) on Nasdaq Stockholm, meaning the interval between the highest purchase price and the lowest selling price.
Majority requirements
A valid resolution according to the motions under items 18A and B above requires that it is supported by shareholders with at least two thirds of the voting rights as well as the number of shares represented at the Meeting.
For a description of Skanska's other share-related incentive programs, reference is made to note 37 in the Company's Annual Report 2017.
Complete proposals etc
The Board's full text of the motions under item 17 and 18 on the agenda, and the Board's statements in accordance with Chapter 19, Section 22 of the Swedish Companies Act will be made available to shareholders at the Company's offices, Warfvinges väg 25, Stockholm, Sweden, on Skanska's website, www.skanska.com/group as of March 8, 2018, and sent out to those shareholders who so request.
The Financial documents, the auditor's report and the auditor's statement in accordance with Chapter 8, Section 54 of the Swedish Companies Act regarding how the Meeting's guidelines for salaries and other compensation to senior executives has been followed will be made available at the Company's office, address set out above, and website www.skanska.com/group not later than three weeks before the Meeting and sent out to those shareholders who so request. The Board's statement in accordance with Chapter 18, Section 4 of the Swedish Companies Act regarding the proposed distribution of profit is included in the statutory administration report.
Information at the Meeting
The Board and the CEO shall, should any shareholder request it, and the Board is of the opinion that it could occur without significant damage to the Company, provide disclosures regarding conditions that could impact the evaluation of an item on the agenda, conditions that could impact on the evaluation of the Company's or a subsidiary's financial situation, and the Company's relationship to other Group companies.
Total number of shares and votes
At the time of issuance of this notice the total number of shares in the Company amounts to 419,903,072 of which 19,755,414 shares of Series A (ten votes per share) and 400,147,658 of Series B (one vote per share). As per the same date the Company's own shares amounted to 11,734,687 shares of series B, amounting to 11,734,687 votes in the Company. The Company must not vote for its own shares.
Personal data that has been collected from the share register kept by Euroclear Sweden AB, the notice of attendance to the shareholders' meeting and information about counsels will be used for registration, making a voting list for the shareholders' meeting and, where appropriate, minutes to the shareholders' meeting.
Stockholm in March 2018
Skanska AB (publ)
Complete press release 180307
Contact: André Löfgren, Senior Vice President Investor Relations
André Löfgren


text:
The Time Has Come to Eradicate Food Deserts
Michael Garry | Mar 15, 2010
In writing this week's news article on the food deserts issue, I thought about how it compares to the health care debate. For one thing, both involve large numbers of people lacking a basic service.
According to Census Bureau reports, the number of people in the U.S. without health insurance coverage was 46.3 million in 2008, and the recession has undoubtedly driven that number up. Meanwhile, the U.S. Department of Agriculture reports that 23.5 million people in the U.S. live in food desert communities that are more than one mile from a supermarket and thus lack ready access to fresh foods such as fruits and vegetables.
There's even a correlation between the two groups. Undoubtedly many of the people who live in low-income areas without supermarkets also can't afford health insurance. Yet because their diets include a much smaller intake of healthy foods, those people are more likely to suffer from obesity, diabetes and heart disease for which they will need medical care.
Here's where the food deserts issue looks very different. Unlike health care reform, the need to eradicate food deserts has lately inspired bipartisanship and unanimity of purpose among trade associations, local governments and community groups, along with support from the White House.
What's galvanized support for a national effort to eliminate food deserts is the remarkable success of Pennsylvania's Fresh Food Financing Initiative, as described in this week's news story. That public-private program has helped develop 83 new or improved grocery stores to underserved urban and rural communities. It's prima facie evidence that with the right government support, supermarkets can successfully operate in neighborhoods previously avoided by mainstream food retailers.
It is still up to individual supermarket companies to take the plunge. No one expects any food retailer to open up a store in a food desert because it answers a pressing social need. These stores need to be sound business propositions, and the Pennsylvania experience has demonstrated that they can be.
What's needed to succeed in low-income areas with diverse ethnicities, it turns out, is very similar to what's required in any community — a keen appreciation of customer wants and needs. Of course, those wants and needs may be very different from the mainstream — and quite challenging in many instances.
But the industry is already moving toward a much more ethnic, customer-centric and neighborhood-based orientation and a much less cookie-cutter approach. The emergence of smaller formats with a strong value emphasis also fits well with an expansion into urban markets. And the elevation of healthier and more natural foods coincides perfectly with the needs of nutritionally compromised communities.
The stars are aligned for food retailers to crack the food desert problem.
Respond to SN's Viewpoints online at supermarketnews.com


text:
Q: How to fin Win32Exception Error when adding Facebook SDK to Unity? After adding the Facebook SDK into Unity I am getting this error and the Android Build Facebook Settings arent showing a dropdown.
Win32Exception: ApplicationName='cmd', CommandLine='/Cecho "xxx" | openssl base64', CurrentDirectory='', Native error= The system cannot find the file specified.

System.Diagnostics.Process.StartWithCreateProcess (System.Diagnostics.ProcessStartInfo startInfo) (at <3845a180c26b4889bc2d47593a665814>:0)
System.Diagnostics.Process.Start () (at <3845a180c26b4889bc2d47593a665814>:0)
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Facebook.Unity.Editor.FacebookAndroidUtil.get_DebugKeyHash () (at <1e648b4081db4625b06f95d668cd2dd4>:0)
Facebook.Unity.Editor.FacebookAndroidUtil.get_SetupProperly () (at <1e648b4081db4625b06f95d668cd2dd4>:0)
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UnityEngine.GUIUtility:ProcessEvent(Int32, IntPtr)

A: install openSSL https://www.openssl.org/
I Solved Adding in Enviroment variable "C:\Windows\System32" example:
Path = C:\Windows\System32;C:\Program Files\Java\jdk1.7.0_51\bin;C:\OpenSSL\bin
be sure to add them in the exact order
ref : "Facebook SDK "Edit Settings" errors in Unity for Android"

redpajama_set_name: RedPajamaStackExchange


text:
Sheffield United down Coventry to boost promotion push
LONDON: Sheffield United eased to a 3-1 win against Coventry as a seventh success in eight Championship games boosted the Blades' bid to reach the Premier League.
Goals from James McAtee, Ciaran Clark and Tommy Doyle kept Paul Heckingbottom's team in second place in the table but level on points with leaders Burnley.
Viktor Gyokeres, who earlier missed a penalty, scored for Coventry midway through the second half at Bramall Lane.
Despite playing the final 13 minutes with 10 men after John Egan was sent off for a second yellow card, United held on for a victory that leaves them eight points ahead of third placed Blackburn.
"There will be bumps in the road, so the more we do now, the better we'll be at the end of the season," said Heckingbottom. Sunderland had dented Blackburn's promotion challenge earlier on Monday when Ellis Simms snatched the stoppage-time winner in Sunderland's 2-1 victory at the Stadium of Light.
Simms came off the bench in the closing stages to make the decisive intervention as he netted from Dan Ballard's pass
Ross Stewart's deflected header found his own net in the 18th minute to put Blackburn in front.
But the Sunderland striker was celebrating at the other end just four minutes later as he converted a penalty to level the scores.
Millwall kept the pressure on in the battle to reach the playoff places with an impressive 2-0 win at Watford.
Goals from Andreas Voglsammer and Zian Flemming saw the Lions move just two points behind their fourth-placed opponents.
Watford were reduced to 10 men in the 38th minute when Hassane Kamara was sent off.
Norwich's poor form continued with a 2-1 defeat at Luton to remain 12 points off the automatic promotion places in fifth.
Bristol City fans chanted for boss Nigel Pearson to be sacked after West Bromwich Albion won 2-0 against his struggling side at Ashton Gate. Chuba Akpom extended Kolo Toure's miserable start to life as Wigan boss as the Middlesbrough striker hit a second half hat-trick in a 4-1 win at the Riverside Stadium.Akpom took his tally to 12 for the season with his second-half strikes, leaving Wigan in the relegation zone despite the recent appointment of former Arsenal defender Toure.
Kaine Kesler-Hayden scored the late winner as bottom of the table Huddersfield earned a surprise 2-1 victory at Preston.
Stoke came from behind twice to salvage a 2-2 draw at Rotherham.
Ten-man Blackpool remain in the relegation zone and without a win in seven games following a 1-1 draw at fellow strugglers Hull.
Shahid Khaqan Abbasi quits as party senior vice president