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STOP IDENTITY THEFT ONLINE . INVOKE CA CIVIL CODE 3344 [ You Are At This CLICKs Page ]
CIVIL CODE 3344
STOP IDENTITY THEFT ONLINE BY SEARCH ENGINES and ISPs (and Others) USING CA Civil Code 3344 To Include Everyday People Just Like Celebs were before they Became Famous(c) Carrie Devorah :
My Licensing Industry colleague was behind what eventually became huge business, licensing the dead for Life Ever after and then some. California attorney Roger Richman co-authored the Celebrity Rights Act. Richman began his steps in to licensing as a staff attorney for ASCAP. Richman, an associate producer and financier of some movies, pioneered and co-authored Dead Celebrity Licensing back in the early 1980's fighting to protect the images and equity of the Dead. States followed in the footsteps of California bringing on board similar Legislations.
In the thirty years, the definition of Celebrity has changed to include persons finding fame on Vimeos, Youtube, Selfies they put on line and anything that can be passed forward instantly, possibly detrimentally, through ever emerging technology such as Google Class. People are not even knowing they are becoming Celebrities until it is too late.... such as online, in a video, intended to Bully and Harass. Children are committing suicide bullied in shame from what is posted online.
Spybots are being employed by Search Engines, ISP and Technology to find online Personal Data including Images that is then bundled and sold. A Texas soldier's photo was discovered on a Dating Website. The young man was killed deployed overseas. Names of the military are used in protest and for fundraising without permission of their families. Images and personal stories of the 9-11 victims, Hurricane Sandy victims, Trayvon Martin and the Newtown 21 are making money too much of which doesn't reach the Victims survivors. Within minutes of the world learning my baby brother, a well known Journalist and Psychologist, was murdered in a terrorist attack, alleged charities circulated my brother's Image and stories online, for their profit, without permission of his wife, our mom or my seven orphaned nieces and nephews.
There is a way to stop these posthumous violations to the dead. Acknowledge that all people put their pants on one leg at a home, Celebrity and Non-Celebrity and New Day Celebrity alike.... follow in the steps of California's Celebrity Rights Act. Today is a new age. The basic Tenets of Civilization are old. The Tenets have merit in Legislating Etiquette for Technology. Thou Shalt Not Steal. Thou Shalt No Stalk. Thou Shalt Say Please and, the important, here is your money. Anything less, is a Robbery of ARTS from IP owners. The Bible says to Judge a culture by how they treat their Dead. The adage is Judge a Man by how he treats a child or a dog. Current culture would do well on all of these counts if CIVIL CODE 3344 became the Model that would provide oversight on to Technology using Users ID & 2D(dimensional) IP(intellectual property) online....
CIVIL CODE 3344. (a) Any person who knowingly uses another's name, voice, signature, photograph, or likeness, in any manner, on or in products, merchandise, or goods, or for purposes of advertising or selling, or soliciting purchases of, products, merchandise, goods or services, without such person's prior consent, or, in the case of a minor, the prior consent of his parent or legal guardian, shall be liable for any damages sustained by the person or persons injured as a result thereof. In addition, in any action brought under this section, the person who violated the section shall be liable to the injured party or parties in an amount equal to the greater of seven hundred fifty dollars ($750) or the actual damages suffered by him or her as a result of the unauthorized use, and any profits from the unauthorized use that are attributable to the use and are not taken into accountin computing the actual damages. In establishing such profits, the injured party or parties are required to present proof only of the gross revenue attributable to such use, and the person who violated this section is required to prove his or her deductible expenses. Punitive damages may also be awarded to the injured party or parties. The prevailing party in any action under this section shall also be entitled to attorney's fees and costs.
(b) As used in this section, "photograph" means any photograph or
photographic reproduction, still or moving, or any videotape or live television transmission, of any person, such that the person is readily identifiable.
(1) A person shall be deemed to be readily identifiable from a photograph when one who views the photograph with the naked eye can reasonably determine that the person depicted in the photograph is the same person who is complaining of its unauthorized use.
(2) If the photograph includes more than one person so identifiable, then the person or persons complaining of the use shall be represented as individuals rather than solely as members of a definable group represented in the photograph. A definable group includes, but is not limited to, the following examples: a crowd at any sporting event, a crowd in any street or public building, the audience at any theatrical or stage production, a glee club, or a baseball team.
(3) A person or persons shall be considered to be represented as members of a definable group if they are represented in the photograph solely as a result of being present at the time the photograph was taken and have not been singled out as individuals in any manner.
(c) Where a photograph or likeness of an employee of the person using the photograph or likeness appearing in the advertisement or other publication prepared by or in behalf of the user is only incidental, and not essential, to the purpose of the publication in which it appears, there shall arise a rebuttable presumption affecting the burden of producing evidence that the failure to obtain the consent of the employee was not a knowing use of the employee's photograph or likeness.
(d) For purposes of this section, a use of a name, voice, signature, photograph, or likeness in connection with any news, public affairs, or sports broadcast or account, or any political campaign, shall not constitute a use for which consent is required under subdivision (a).
(e) The use of a name, voice, signature, photograph, or likeness in a commercial medium shall not constitute a use for which consent is required under subdivision (a) solely because the material containing such use is commercially sponsored or contains paid advertising. Rather it shall be a question of fact whether or not the use of the person's name, voice, signature, photograph, or likeness was so directly connected with the commercial sponsorship or with the paid advertising as to constitute a use for which consent is required under subdivision (a).
(f) Nothing in this section shall apply to the owners or employees of any medium used for advertising, including, but not limited to, newspapers, magazines, radio and television networks and stations, cable television systems, billboards, and transit ads, by whom any advertisement or solicitation in violation of this section is published or disseminated, unless it is established that such owners or employees had knowledge of the unauthorized use of the person's name, voice, signature, photograph, or likeness as prohibited by this section.
(g) The remedies provided for in this section are cumulative and shall be in addition to any others provided for by law.
CIVIL CODE 3344.1. (a) (1) Any person who uses a deceased personality's name, voice, signature, photograph, or likeness, in any manner, on or in products, merchandise, or goods, or for purposes of advertising or selling, or soliciting purchases of, products, merchandise, goods, or services, without prior consent from the person or persons specified in subdivision (c), shall be liable for any damages sustained by the person or persons injured as a result thereof. In addition, in an action brought under this section, the person who violated the section shall be liable to the injured party or parties in an amount equal to the greater of seven hundred fifty dollars ($750) or the actual damages suffered by the injured party or parties, as a result
of the unauthorized use, and any profits from the unauthorized use that are attributable to the use and are not taken into account in computing the actual damages. In establishing these profits, the injured party or parties shall be required to present proof only of the gross revenue attributable to the use, and the person who violated the section is required to prove his or her deductible expenses. Punitive damages may also be awarded to the injured party or parties. The prevailing party or parties in any action under this section shall also be entitled to attorney's fees and costs.
(2) For purposes of this subdivision, a play, book, magazine, newspaper, musical composition, audiovisual work, radio or television program, single and original work of art, work of political or newsworthy value, or an advertisement or commercial announcement for any of these works, shall not be considered a product, article of merchandise, good, or service if it is fictional or nonfictional entertainment, or a dramatic, literary, or musical work.
(3) If a work that is protected under paragraph (2) includes within it a use in connection with a product, article of merchandise, good, or service, this use shall not be exempt under this subdivision, notwithstanding the unprotected use's inclusion in a work otherwise exempt under this subdivision, if the claimant proves that this use is so directly connected with a product, article of merchandise, good, or service as to constitute an act of advertising, selling, or soliciting purchases of that product, article of merchandise, good, or service by the deceased personality without prior consent from the person or persons specified in subdivision (c).
(b) The rights recognized under this section are property rights, freely transferable or descendible, in whole or in part, by contract or by means of any trust or any other testamentary instrument, executed before or after January 1, 1985. The rights recognized under this section shall be deemed to have existed at the time of death of any deceased personality who died prior to January 1, 1985, and, except as provided in subdivision (o), shall vest in the persons entitled to these property rights under the testamentary instrument of the deceased personality effective as of the date of his or her death. In the absence of an express transfer in a testamentary instrument of the deceased personality's rights in his or her name, voice, signature, photograph, or likeness, a provision in the testamentary instrument that provides for the disposition of the residue of the deceased personality's assets shall be effective to transfer the rights recognized under this section in accordance with the terms of that provision. The rights established by this section shall also be freely transferable or descendible by contract, trust, or any other testamentary instrument by any subsequent owner of the deceased personality's rights as recognized by this section. Nothing in this section shall be construed to render invalid or unenforceable any contract entered into by a deceased personality during his or her lifetime by which the deceased personality assigned the rights, in whole or in part, to use his or her name, voice, signature, photograph, or likeness, regardless of whether the contract was entered into before or after January 1, 1985.
(c) The consent required by this section shall be exercisable by the person or persons to whom the right of consent, or portion thereof, has been transferred in accordance with subdivision (b), or if no transfer has occurred, then by the person or persons to whom the right of consent, or portion thereof, has passed in accordance with subdivision (d).
(d) Subject to subdivisions (b) and (c), after the death of any person, the rights under this section shall belong to the following person or persons and may be exercised, on behalf of and for the benefit of all of those persons, by those persons who, in the aggregate, are entitled to more than a one-half interest in the rights:
(1) The entire interest in those rights belongs to the surviving spouse of the deceased personality unless there are any surviving children or grandchildren of the deceased personality, in which case one-half of the entire interest in those rights belongs to the surviving spouse.
(2) The entire interest in those rights belongs to the surviving children of the deceased personality and to the surviving children of any dead child of the deceased personality unless the deceased personality has a surviving spouse, in which case the ownership of a one-half interest in rights is divided among the surviving children and grandchildren.
(3) If there is no surviving spouse, and no surviving children or grandchildren, then the entire interest in those rights belongs to the surviving parent or parents of the deceased personality.
(4) The rights of the deceased personality's children and grandchildren are in all cases divided among them and exercisable in the manner provided in Section 240 of the Probate Code according to the number of the deceased personality's children represented. The share of the children of a dead child of a deceased personality can be exercised only by the action of a majority of them.
(e) If any deceased personality does not transfer his or her rights under this section by contract, or by means of a trust or testamentary instrument, and there are no surviving persons as described in subdivision (d), then the rights set forth in subdivision (a) shall terminate.
(f) (1) A successor in interest to the rights of a deceased personality under this section or a licensee thereof shall not recover damages for a use prohibited by this section that occur before the successor in interest or licensee registers a claim of the rights under paragraph (2).
(2) Any person claiming to be a successor in interest to the rights of a deceased personality under this section or a licensee thereof may register that claim with the Secretary of State on a form prescribed by the Secretary of State and upon payment of a fee as set forth in subdivision (d) of Section 12195 of the Government Code.
The form shall be verified and shall include the name and date of death of the deceased personality, the name and address of the claimant, the basis of the claim, and the rights claimed.
(3) Upon receipt and after filing of any document under this section, the Secretary of State shall post the document along with the entire registry of persons claiming to be a successor in interest to the rights of a deceased personality or a registered licensee under this section upon the Secretary of State's Internet Web site.The Secretary of State may microfilm or reproduce by other techniques any of the filings or documents and destroy the original filing or document. The microfilm or other reproduction of any document under this section shall be admissible in any court of law. The microfilm or other reproduction of any document may be destroyed by the
Secretary of State 70 years after the death of the personality named therein.
(4) Claims registered under this subdivision shall be public records.
(g) An action shall not be brought under this section by reason of any use of a deceased personality's name, voice, signature, photograph, or likeness occurring after the expiration of 70 years after the death of the deceased personality.
(h) As used in this section, "deceased personality" means any natural person whose name, voice, signature, photograph, or likeness has commercial value at the time of his or her death, or because of
his or her death, whether or not during the lifetime of that natural person the person used his or her name, voice, signature, photograph, or likeness on or in products, merchandise, or goods, or for purposes of advertising or selling, or solicitation of purchase of, products, merchandise, goods, or services. A "deceased personality" shall include, without limitation, any such natural person who has died within 70 years prior to January 1, 1985.
(i) As used in this section, "photograph" means any photograph or photographic reproduction, still or moving, or any videotape or live television transmission, of any person, such that the deceased
personality is readily identifiable. A deceased personality shall be deemed to be readily identifiable from a photograph if one who views the photograph with the naked eye can reasonably determine who the
person depicted in the photograph is.
(j) For purposes of this section, the use of a name, voice, signature, photograph, or likeness in connection with any news, public affairs, or sports broadcast or account, or any political campaign, shall not constitute a use for which consent is required under subdivision (a).
(k) The use of a name, voice, signature, photograph, or likeness in a commercial medium shall not constitute a use for which consent is required under subdivision (a) solely because the material
containing the use is commercially sponsored or contains paid advertising. Rather, it shall be a question of fact whether or not the use of the deceased personality's name, voice, signature, photograph, or likeness was so directly connected with the commercial sponsorship or with the paid advertising as to constitute a use for
which consent is required under subdivision (a).
(l) Nothing in this section shall apply to the owners or employees of any medium used for advertising, including, but not limited to, newspapers, magazines, radio and television networks and stations, cable television systems, billboards, and transit advertisements, by whom any advertisement or solicitation in violation of this section is published or disseminated, unless it is established that the owners or employees had knowledge of the unauthorized use of the deceased personality's name, voice, signature, photograph, or likeness as prohibited by this section.
(m) The remedies provided for in this section are cumulative and shall be in addition to any others provided for by law.
(n) This section shall apply to the adjudication of liability and the imposition of any damages or other remedies in cases in which the liability, damages, and other remedies arise from acts occurring directly in this state. For purposes of this section, acts giving rise to liability shall be limited to the use, on or in products, merchandise, goods, or services, or the advertising or selling, or soliciting purchases of, products, merchandise, goods, or services
prohibited by this section.
(o) Notwithstanding any provision of this section to the contrary, if an action was taken prior to May 1, 2007, to exercise rights recognized under this section relating to a deceased personality who
died prior to January 1, 1985, by a person described in subdivision (d), other than a person who was disinherited by the deceased personality in a testamentary instrument, and the exercise of those rights was not challenged successfully in a court action by a person described in subdivision (b), that exercise shall not be affected by subdivision (b). In that case, the rights that would otherwise vest in one or more persons described in subdivision (b) shall vest solely in the person or persons described in subdivision (d), other than a person disinherited by the deceased personality in a testamentary
instrument, for all future purposes.
(p) The rights recognized by this section are expressly made retroactive, including to those deceased personalities who died before January 1, 1985.
CIVIL CODE 3344.5.
(a) Any person whose signature is used in violation of, and any candidate for elective office whose election or defeat is expressly advocated in any campaign advertisement that violates, subdivision (b) of Section 115.1 of the Penal Code, shall have a civil cause of action against any person committing the violation.
(b) If a mass mailing or other printed matter that violates subdivision (b) of Section 115.1 of the Penal Code expressly advocates the election or defeat of more than one candidate only a person whose signature is used and the candidate or candidates to whom the unauthorized signature directly relates shall have a civil cause of action pursuant to this section.
(c) Any person bringing a cause of action pursuant to this section may recover damages in an amount of two times the cost of the communication, but not to exceed fifty thousand dollars ($50,000), with regard to which the unauthorized signature was used.
(d) As used in this section, "signature" means either of the following:
(1) A handwritten or mechanical signature, or a copy thereof.
(2) Any representation of a person's name, including, but not limited to, a printed or typewritten representation, that serves the same purpose as a handwritten or mechanical signature.
(a) Any candidate for elective office whose election or defeat is expressly advocated in any campaign advertisement which violates subdivision (a) of Section 115.2 of the Penal Code shall have a civil cause of action against any person committing the violation.
(b) If a mass mailing or other printed matter which violates subdivision (a) of Section 115.2 of the Penal Code expressly advocates the election or defeat of more than one candidate, only the candidate or candidates to whom the misstatement or misrepresentation directly relates shall have a civil cause of action
pursuant to this section.
(c) Any person bringing a cause of action pursuant to this section may recover damages in an amount of two times the cost of the communication, but not to exceed fifty thousand dollars ($50,000).
CIVIL CODE 3345.,
(a) This section shall apply only in actions brought by, on behalf of, or for the benefit of senior citizens or disabled persons, as those terms are defined in subdivisions (f) and (g) of Section 1761, to redress unfair or deceptive acts or practices or unfair methods of competition.
(b) Whenever a trier of fact is authorized by a statute to impose either a fine, or a civil penalty or other penalty, or any other remedy the purpose or effect of which is to punish or deter, and the amount of the fine, penalty, or other remedy is subject to the trier of fact's discretion, the trier of fact shall consider all of the
following factors, in addition to other appropriate factors, in determining the amount of fine, civil penalty or other penalty, or other remedy to impose. Whenever the trier of fact makes an affirmative finding in regard to one or more of the following factors, it may impose a fine, civil penalty or other penalty, or other remedy in an amount up to three times greater than authorized by the statute, or, where the statute does not authorize a specific amount, up to three times greater than the amount the trier of fact would impose in the absence of that affirmative finding:
(1) Whether the defendant knew or should have known that his or her conduct was directed to one or more senior citizens.
(2) Whether the defendant's conduct caused one or more senior citizens or disabled persons to suffer: loss or encumbrance of a primary residence, principal employment, or source of income; substantial loss of property set aside for retirement, or for personal or family care and maintenance; or substantial loss of
payments received under a pension or retirement plan or a government benefits program, or assets essential to the health or welfare of the senior citizen or disabled person.
(3) Whether one or more senior citizens or disabled persons are substantially more vulnerable than other members of the public to the defendant's conduct because of age, poor health or infirmity, impaired understanding, restricted mobility, or disability, and actually suffered substantial physical, emotional, or economic damage resulting from the defendant's conduct.
WRITE YOUR CONGRESSMAN
Capitol Hill Switchboard
(202) 224 3121 _____________________
WRITE YOUR
KNOW YOUR CONGRESSMAN OR
The 2D ARTS IP
TELL HERE HOW COPYRIGHT INFRINGEMENT HURT YOU ______________
The Census Bureau American Community Survey Said As Of 2012 That
22 Million Living Veterans
7.4 Vietnam War
5.4 Gulf War
2.3 Korean War
1.6 WW II
5.3 Peacetime
THANK YOU FOR SERVING OUR COUNTRY
KEEP YOUR HANDS OFF MY COPYRIGHT
HONORING THOSE WHO GAVE THEIR ALL
SO WE MIGHT HAVE OUR
ALL INTELLECTUAL PROPERTY STARTS with a Pencil &Paper in 2D(dimension)
Everything Else about IP(intellectual property) comes down to COMMERCE .


This academic year, the University of California, Irvine is a campus fit for foodies, having prepared a feast of events and activities that explore and expand upon the role food plays in the major social, political and scientific issues of the day.
Standing inside the food pantry at UCI's Student Outreach & Retention Center are (from left) ASUCI food security co-commissioner Erica Wong, Orange County Food Bank director Mark Lowry, SOAR director Graciela Fernandez and ASUCI food security co-commissioner Karina Lopez.
Aiming to satisfy the appetites of underfed students, the University of California, Irvine has launched a campus food bank.
Stocked with canned spaghetti, soup, energy bars and other nonperishables, the free food pantry is part of a systemwide UC effort to combat student hunger.


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Technology, Behaviour and Change
The Innovation Mapping process
The review of methods (See PhD chapter 8) shows that there are many methods which seek to explore alternatives but they do so in conceptually different ways. For example, the analytical interpretation not only concerns how to reach lower levels but also the dimensions that are being deepened. The Causal Layered Analysis emphasizes underlying paradigms as the cause of change and continuity, while the Iceberg model investigates the dynamics of relations between elements. Another possibility is to analyse power structures and the social constructions which shape configurations of actors and the discourse on different phenomena. Few scholars and practitioners reflect upon the underlying assumptions of their particular methods and scopes of application, which only adds to the confusion.
My aim is to develop a methodological framework to create an innovation map which focuses on a specific situation, so in the following I will put together a methodology for suited for this particular purpose.
Both the analytical and value-based approaches contain important aspects in relation to the overall ambition to explore alternatives. However, there is no unifying theory on how to integrate these elements into a coherent whole combining the best of both. Dennis List (2005) has for example put together a comprehensive framework with the aim of creating a 'scenario network', but it lacks the value-based component. There are also examples of models which, to a certain degree, integrate the analytical and visionary components into a single model, such as the VIP approach or Theory U, but they do not bring out the full potential of both approaches.
There are no fundamental incompatibilities between the two approaches, but when combining the two approaches, their individual characteristics should be considered. Most importantly they address different horizons of the radical change. The analytical approach builds on an understanding of the present and is best suited for the near future, which to a large extent is confined to the present structures and emerging developments. The value-based approach assumes a very different mindset which is open to radical change on a large scale and a belief that the future may be shaped by intervention. This level of change usually extends into the far future.
It follows that each approach is suitable for exploring different domains of change in the innovation map, but that they should be executed in series to make the best of each approach. Given their particular capabilities to enlighten different aspects of the possible and desirable, their union may provide an even stronger foundation for the innovation map. Furthermore, it can be argued that the value-based visioning should follow the analytical interpretation so that the visioning can build on the extrapolation of the present into the near future and emerging issues can be revealed in the process.
Extrapolation and Backcasting
In order to provide a comprehensive and transparent innovation map, the development of the near future and visions for the far future need to be connected to form a coherent whole. This is achieved by using two common techniques in future studies: extrapolation and backcasting.
The basic moves of the scenario process.
Extrapolation extends the development of the near future as far as possible into the future, while backcasting traces far future visions back to the present. Herein, it may be observed that multiple trajectories lead to the same goal. There is naturally a limit to the distance that either technique is able to reach in either direction. The idea is that they should meet midway and integrate seamlessly so that there is coherent insight across all horizons.
The four basic elements of the overall process are shown in above figure. Even though there is no formal convention, it seems natural to depict the process of analysis as going downwards towards 'underlying' patterns, while the search for values can be depicted as going upwards towards 'higher' levels of abstraction and meaning.
Exploring the innovation space.
The sequence of the basic elements leads to the following processes:
1.	Unfolding and population of the present
2.	Tracking the evolution of the relevant key aspects back in time
3.	Interpretation of change and forecasting of the near-future
4.	Clarification of values and visioning of desirable future situations
5.	Connecting the forecasting of the near future with the desirable future situation
6.	Integration across all domains
The overall process is illustrated below with different levels of abstraction and as an unfolding of the manifest level in the figure to the right. The final step takes into account that it may be useful to revisit and integrate the domains in an iterative process, but the step does not constitute a novel element in itself.
Constructing scenarios almost automatically results in an iterative process wherein people move back and forth between interrelated phases and activities.Postma & Liebl 2005, p.163
The above-mentioned framework assumes that the starting point is defined as an area of investigation in the present. Not all assignments come in this format. When the assignment is defined as a future area with no immediate relation to the present, it may be useful to start with the visioning process in step four and gradually investigate how those visions are related to the present.
Movements in the innovation space. The grey area in the middle corresponds to the manifest level. Numbers correspond to processes described in the text.
Extract from PhD thesis "Everyday-Oriented Innovation" p.87
Max Munnecke
Early inventions and visions
Value-based transformation
data-science digital-methods framing methodology research values
Introducing NetML April 20, 2018
The potential of digital tools to empower critical investigation March 11, 2018
What to measure in a smart city? December 7, 2016
Big data reveals the effects of pesticides February 3, 2016
Quote William Pollard July 7, 2012
Max Munnecke © 2016

redpajama_set_name: RedPajamaCommonCrawl


My children and I have a sensitivity to gluten. How do I know this? Well, I guess I don't know for sure yet. There is a blood test but we haven't taken it. We will know for sure by the way we feel once we eat it again. Some of our symptoms include gastrointestinal issues, allergies, irritability, and skin issues. We have made a commitment to eating gluten-free for the month of December. Really it was two days after Thanksgiving until Christmas. Each of us has chosen to do this. No one is being forced. It has been two and a half weeks and we are doing really well. Not only are some symptoms subsiding but we have enjoyed the challenge of finding nutritious foods without wheat, barley or rye ingredients. I have been surprised over and over again to find how pervasive gluten is in our food supply. The best way to avoid it is to eat whole foods (the way they are presented in nature). It seems that as soon as we start processing products, we need to find things to fill and bind. Apparently, gluten is good for that.
This adventure has already brought more gifts than challenges. With a shared goal, we are a unified group. As with many families raising teens, it can be hard to find common ground. We have been looking for meal solutions together and the kids are even making some stuff ahead of time to bring for their lunch and activities. Another cool result of being gluten-free is that we are all reading food labels. Both children are noticing other odd ingredients in standard American diet foods and commenting on it. I know it doesn't sound like a big deal but it really is. We have a nutritional epidemic happening in our country because adults have no idea what they are eating or what they are feeding their children. I am super proud of my kids for choosing to be aware and make the necessary changes. I am not saying that it has been easy. There is plenty that we miss but I most definitely am enjoying the experience.
Balancing tip – Just because something says it is gluten-free does NOT mean it is healthy. If you are on a gluten-free diet or considering trying it, please continue to read the description beyond the gluten-free labeling. Use good judgement and know that it is always the best option to eat food exactly as Mother Nature intended.
*Following up from my announcement a couple of weeks ago, I have launched a web boutique called Red Earth Warrior. I don't have everything loaded into the site yet but you are welcome to take a look around. I would love to hear any feedback you might have. In addition to the essential oil blends and clothing that is there, I am offering Salt Lamps, Salt Inhalers, Fair Trade Thai Silk Scarves, and more. Please feel free to share the link with your friends!
Posted in life, nutrition, parenting, Uncategorized, wellness and tagged Allergy, Christmas, Coeliac disease, diet foods, Food, Gluten, Gluten Free, Gluten-free diet, Health, Mother Nature, reading food labels, Special Diets, wheat barley. Bookmark the permalink.
So I took the summer off from blogging. I decided to focus any extra time I had on my family. It has been a great summer. We took a couple of vacations as well as enjoyed the beauty Sarasota has to offer. I continued to work and even had the opportunity to teach some yoga on the road. School starts on Monday and I think we are all feeling restored as individuals and as a family. During this time, I've made some new connections and strengthened existing friendships. Reflecting on the past couple months, I would have to say that this time has been about relationships with others.
There has even been a shift in my relationship with my husband. I feel we have grown as a couple because of our willingness to look at each other with appreciation, to give each other the benefit of the doubt, and to look for ways to find solutions instead of proving a point. After seeing the impact yoga has made on my life, spiritually, emotionally and physically, my husband is getting ready to start a yoga teacher training program. I am super excited for him! He really has no idea what he is getting himself into, but I think he will love it if he lets himself fully experience even half of what this program has to offer. I feel like this will expand our relationship even further. I look forward to sharing ideas with him about the deeper meaning of the Sutras, about the physical practice and about how the study of this practice can impact our family. I am content in knowing it will all unfold just as it should.
Posted in life, nutrition, parenting, wellness, yoga and tagged family, life, relationships, summer, vacation, Yoga, yoga teacher training. Bookmark the permalink.
I spend a lot of my time on the bleachers. There are days that I don't want to be anywhere else and there are days when I struggle to not pull out some work. It seems to be the one time when I'm not working, that I can do just one thing–watch baseball. I watch my son play baseball. He is in the local Little League. His team consists of 10, 11 and 12 year-olds. There are tons of benefits to his participation: exercise, teamwork, social skills, perseverance, etc. I think it's great that he has this opportunity. Some of the kids on the team are pretty good and some not so good. My son probably falls somewhere in the middle. The kids are great and so are the coaches.
What I find to be the most interesting is the other parents. Not all of the other parents. About half of them are pretty chill. During a practice, they might read a book or chat quietly with each other. During the games, they are cheering the kids on and enjoying themselves. It's the other ones I'm referring to. The ones that scream at their kids to make better plays or allow veins to bulge in their neck and forehead because a 10 year-old child swung at a ball that was at eye level. I just don't get it. These are children who are "playing". Although I don't get caught up in professional sports, I remember my father yelling at the TV during sporting events. My rational in being ok with the latter is that these are adults making serious money. They are paid handsomely to only swing at strikes. And even then, they make an out more than half of the times they are up to bat. What would make anyone think that a child could do better than that?
At last night's game, we were getting creamed by a team we had beaten the week prior. This was exceptionally hard on "those" parents. As I watched, I started to make a connection between these people and the people we know who make a lot of noise on the perimeter of our lives. You know, the ones who critique and voice displeasure even though it has nothing to do with them. They should be mixing it up in their own game, but instead stand on the sidelines and mock. I came to the conclusion that it was good practice for the kids for later in life. After the game, I asked my son if the comments bothered him. His response was, "What comments?" I hope he is still saying that 30 years from now.
Posted in life, parenting, Uncategorized, wellness and tagged family, life, Little League Baseball, parenting, wellness. Bookmark the permalink.
I had the day off. I realized at some point that it was opening day of the Sarasota County Fair. It seemed like the perfect thing to do. I could get away from my half-finished to-do list and the kids would be entertained.
When we arrived, Bella met up with some friends so Little Roger and I started to explore. I used to love going on rides, but they haven't been agreeing with me for the past couple of years. My eleven-year-old was a little bummed that he didn't have a companion for the amusement rides. Trying to be nice, I went on the ferris wheel. That was pretty much my limit. When we came to The Scrambler, I knew there was no way we would be able to stay at the fair if I went on it with him. He said he would go by himself. He got in line. The girl in front of him turned around and asked, "Do you want to ride?" He nodded. I wasn't sure what was happening and I don't think he was either. The ride operator opened the gate for them and Roger followed the girl to a car. She motioned for him to go in first. As he was climbing in, I wondered if I should stop him and tell him to get on one by himself, but I let it go. I was mesmerized by the situation. She climbed in after him and they buckled themselves up. I don't think there was any conversation between them other than the initial question from the girl. As they were waiting for the ride to start, Roger made faces at me as if he was also in disbelief about where he was sitting and who he was sitting with. I couldn't stop laughing. I acted like I was texting on my phone when I took the picture shown here. Just looking at it makes me laugh. Once the ride started, they both laughed. As it went faster and he started to slide into her, I could tell he was feeling uneasy. I really felt for him, but it was really funny!
"You don't need to do that, and how was he helpful?" I replied.
This child never ceases to amaze me with his compassion and generosity. He went on a couple more rides and we ate some crappy food. It was great! There were farm animals, motorcycle stunt shows and plenty of games. We spent hours just wandering around. No agenda, no time frame. We were lost in the moment and in that moment I felt wonderful.
When Bella had enough of her friends, we reunited and slowly made our way through the fair exhibits and back to the car. I feel very lucky that despite the fact that I often have no idea what I am doing as a parent, my kids seem to be doing well. They are growing up to be more than I could have ever hoped. Days like today help me to see that there is a balance point and that every once in a while, I hit it.
Posted in life, nutrition, parenting, recipes, Uncategorized and tagged balance, green smoothies, life, nutrition, parenting, sarasota county fair. Bookmark the permalink.


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Today's New Moon is together, or conjunct with Uranus, the planet of surprises and sudden twists and turns. The first New Moon after Spring Equinox in 18 degrees Aries today is a potent day to start anew. With Uranus, get ready, fasten your seatbelts!
Aries is already fast, always on the move. Uranus will bring a sudden jolt, something coming out of the blue to get you started. Very often, a new start means leaving something behind, and very often reluctantly, because anything you're used to feels right somehow, even if you're in pain.
Uranus and New Moon will hear none of that, so get ready for the surprise beginning. This is a good day, a good sign, if you choose to think it so. It's time to leave behind the old, and start again. In astrological terms, depending where this triple Sun/Moon/Uranus conjunction falls in your chart, you know a little about what area of life this will happen. You can check where Aries is in your chart (and if you're up for it, also the degree) in astrolada.com or astro.com. The birth chart will tell you the positions of the planets and also where the house cusps are.
I've posted a New Moon based horoscope for the month of April for each sign, but it's very general for each sign, more for fun, although it is based on astrological knowledge. To get the real meaning of your birth chart, you need to have your full birth chart, and usually an interpretation by a competent astrologer, as it's a symbolic language that needs an interpreter. Astrology is both a science based on the actual positions of planets, but also an art because blending the vast symbolism requires a lot of right brain activity!
Happy New Moon! Many lucky surprises!


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MOVIE REVIEW: Passengers – Don't take this voyage.
Written by T.A. Moreland
Published in Movie Reviews
Photo Credit: Photo Courtesy of Columbia Pictures Actor Chris Pratt serenading Jennifer Lawrence by playing piano at a bar on the Starship Avalon in the movie Passengers
Passengers is a moderately entertaining adventure starring Chris Pratt, Jennifer Lawrence, Michael Sheen, and Laurence Fishburne
Talk about a long nap, the 5000 passengers and crew on the Starship Avalon are on a 120-year voyage from earth to their new outer-space home. They are put into a state of hibernation for the super long journey. However, due to a malfunction, Jim Preston, (Chris Pratt) an engineer, wakes up after only 30 years. He panics when he realizes that he's likely to die before the vessel reaches its destination in 90 years. He finds his way around the spacecraft, locating the food and exercise facilities. His only companion is Arthur (Michael Sheen), the robot bartender. After a year, loneliness overwhelms him. He walks among the other passengers deeply sleeping in their pods. After a lengthy emotional and moral internal debate, he decides to awaken another passenger, journalist Aurora Dunn (Jennifer Lawrence). Once awake, she panics just as Jim had done. Also, as he had done, she tries to figure out a way to get back to sleep. But again like him, she eventually accepts her fate. And as would be expected, they fall in love and all is well until Aurora learns that unlike with Jim, her waking up was no accident. It was an intentional act on his part.
Jim (Chris Pratt) and Aurora (Jennifer Lawrence) talking with Arthur, a robotic bartender, on the Starship Avalon. Photo courtesy of Columbia Pictures
Passengers is a moderately entertaining adventure and viewers can't be sure where it's headed. However, it never reaches its entertainment destination. The writers start with an interesting premise: a young man and woman wake up 90 years too soon on an intergalactic voyage. After that, they just don't seem to know where to go from there. Another one of the crew members, Chief Gus Mancuso (Laurence Fishburne), wakes up and has a short, strange interaction with Jim and Aurora. The film deteriorates to the point where viewers laugh at scenes and dialogue not intended to be funny.
No complaints about Chris Pratt and Jennifer Lawrence. They serve their purposes: eye candy for viewers and are credible in their roles. The special effects are weak compared to the technological marvels Hollywood is capable of these days.
It's difficult to give this film a Cast Diversity rating, with such a small cast. It would have received a D- accept for the short appearance by Laurence Fishburne with lifts it up to a C+. As Jim walks past the passengers in pods, very few of the inhabitants are people of color; this was an opportunity to add some color to the cast.
Leave these Passengers alone. Just at Jim and Aurora feared about their own plight; Passengers is Dead on Arrival! It's 116 minutes and rated PG-13 for sexuality, nudity, and action/peril.
T.A. Moreland
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The Rhythm Section misses the beat.
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More in this category: « MOVIE REVIEW: Fences - See It! . . . with a critical eye. Movie Review: Say Hello to The Bye, Bye Man »


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Former A&M student guilty in 2004 sexual assault case
By LAURA HENSLEY
Eagle Staff Writer
A 21-year-old college student sat with her head down as the man she accused of raping her two years ago was found guilty Thursday.
The defendant, 23-year-old Elton Stepphon Yarbrough II, showed no reaction as the verdict was read inside a Brazos County courtroom.
It took a jury about two hours to find the Palestine resident and former member of the Texas A&M University Corps of Cadets guilty of sexual assault - a second-degree felony.
The decision came on the third day of the trial, during which the woman, who is a foreign exchange student, testified that after a night of drinking in November 2004, she awoke to find Yarbrough on top of her.
It is Eagle policy not to identify victims of sexual assault.
During closing arguments, defense attorney Stephen Gustitis told the jury that the case against his client was flimsy, based solely on the word of the woman and without physical evidence to prove the allegations.
He said the woman was worldly and sophisticated, and she and prosecutors downplayed the friendship she had with Yarbrough.
"It appeared like they liked each other," Gustitis said. "[The victim] is a very polished woman. She's not the naive, trusting, inexperienced woman that the state tries to say that she is."
Assistant district attorney Jay Granberry called Gustitis' closing arguments a "Puritan defense" and lambasted him for insinuating that the victim should have known better.
"Do you ever forfeit your right to say no?" he asked.
Granberry said the case boiled down to consent and that the woman may have been friendly to Yarbrough before the assault but never gave him permission to have sex with her.
"Why would you put yourself through this?" he said "It takes courage to stand up and subject yourself to this, but it may be helping someone else down the road."
Yarbrough faces up to 20 years in prison for the second-degree felony sexual assault charge, but he is eligible for probation.
The sentencing phase of the trial began immediately after the verdict was read, and the state called to the stand two other women who claim that Yarbrough raped them. Both women testified that the assaults occurred after they became extremely intoxicated with Yarbrough.
One woman, a 22-year-old who worked with Yarbrough this summer, testified that he raped her the night after a pretrial hearing for the current case.
"I was shaking my head, and I told him, 'I don't want this. I'm engaged,'" the woman testified. "He hushed me, told me to be quiet and that nobody had to know."
Yarbrough has been indicted on a charge of sexually assaulting the former co-worker, and a separate trial is pending.
The other woman who testified Thursday is a childhood friend and former classmate of Yarbrough's. After dating informally in high school, the two met again in 2003 while both were attending A&M. But she said she was not interested in dating him again at that time. However, the two were friends, and after a night of drinking in his dorm room in 2003, she said, she too passed out and awoke to find him on top of her.
Both women who testified Thursday described Yarbrough as friendly and trustworthy before the alleged rapes.
A fourth woman who alleges that Yarbrough also raped her testified earlier this week, but has not yet been called back to the stand during the sentencing phase.
The defense will likely call Yarbrough's friends, family and acquaintances from the Corps of Cadets when the trial resumes Friday. Gustitis said a psychiatrist will testify that the young man is a good candidate for probation.
"We accept this verdict and take responsibility for it," Gustitis said. "There is good in [Yarbrough]. I ask you to fairly consider probation."
The sentencing phase of the trial will resume at 8:30 a.m. Friday in the 361st District Courtroom of the Brazos County Courthouse.
• Laura Hensley's e-mail address is [email protected]
DWI/DUI and
Alcohol Offenses


The challenge here is to jazz hands panda AND take a photo without crashing. Also see this strange sculpture photographed in China for some pose inspiration.
Careful if your jazz handy on the bike around the Treasure Coast. It's illegal there.
The SF Bombshell's jazz hands are in fingerless gloves.
Also see @cruftbox's jazz hands that he thinks are the best.
Bicycle Jazz Hands photo uploaded by Steven Vance, Strange Chinese Cyclist sculpture photo uploaded by omefrans | more from the Bike Hugger Photostream.


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Andrew Edwards reviews Southport Dramatic Club's production of Goldilocks and the Three Bears
CHRISTMAS just isn't complete without our annual family trip to the panto at the Little Theatre.
It's simply a perfect cocktail for the time of year, with a combination of community, warmth, fun, excellent presentation . . . and good old-fashioned audience participation.
Where else could grown men and women join in with a generation or two below them in bellowing their contempt for the villain, or warning hapless cast members of the perils lurking behind them on stage?
As you read this review of the Southport Dramatic Club's Goldilocks and the There Bears, the decorations are probably already down, and life is returning to something near normal after the festive period.
But I can assure you it is well worth getting the Little Theatre panto down in your diary for next year. If you are a regular at this jewel of ours on Hoghton Street, you will know what I am talking about.
If you are not – you have been missing out; not only on the group's annual panto, but an excellent standard of theatre all year-round.
Goldilocks, a panto classic, is set in a struggling circus, where owner Sadie Spangle (Trevor Ford) and her daughter Cinderella (Jessica Wall) are trying desperately to make ends meet.
The evil Wilberforce Whack, (Brendan Gillow), owner of a rival circus, tries in vain to buy them out, and bring his own brand of cruelty to the entertainment.
The three bears turn up and, once the apologies have been accepted for stealing porridge, sleeping in the wrong beds and sitting on other people's chairs, the bears agree to perform at Sadie's circus. All the problems seem to be over, until Whack decides to capture the bears and make them work in his sweat shop.
The ups and downs and the classic good-versus-evil struggle make for brilliant fun and high suspense.
The bears were charming and Mummy (Jan Cropper), Daddy (Peter Bruce) and Baby (Georgina Gillen) delighted the audience throughout. Whack's role was brilliantly executed by Brendan Gillow, and the decibels from the booing and jeering were testimony to his evil talents.
Jessica Wall was charming and loveable as Cinderella and Trevor Ford built up a wonderful rapport with the audience.
Panto veteran Les Gommersall played the role of Joey Wizzbang, Spangle's clown sidekick and general audience interactor, superbly. And fairy godmother Belinda (Alice Burns) was a crowd favourite. But it was a team effort as usual by the SDC, and it was teamwork that made it a slick, high- quality, all-round show.
Directed by Sandy Town, it was beautifully presented and the dancing and singing routines were well delivered by a talented young cast, drilled by choreographer Tracey Batchellor. The music was excellent, too, with Nick Tudor making his debut as musical director.
Next up for the SDC is Good Things, from January 25. Make a note in your diary.