text:
Procedures for Issuing Guidance Documents
A Rule by the Interior Department on 10/26/2020
Information about this document as published in the Federal Register.
Printed version:
Department of the Interior
This rule is effective October 26, 2020. Comments will be accepted until December 28, 2020.
Comments Close:
Document Citation:
85 FR 67666
67666-67670 (5 pages)
CFR:
43 CFR 51
Agency/Docket Numbers:
Docket No. DOI-2020-0001
201D0102DM, DS6CS00000, DLSN00000.000000, DX6CS25
RIN:
1093-AA27
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DOI-2020-0001
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Implementation of Executive Order 13891: Guidance Documents
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SUPPLEMENTARY INFORMATION:
Discussion of the Interim Final Rule
Required Determinations
Administrative Procedure Act (APA) (5 U.S.C. 551 et seq.)
Regulatory Planning and Review (Executive Orders 12866 and 13563)
Regulatory Flexibility Act
Small Business Regulatory Enforcement Fairness Act
Unfunded Mandates Reform Act
Reducing Regulation and Controlling Regulatory Costs (E.O. 13771)
Takings (E.O. 12630)
Federalism (E.O. 13132)
Civil Justice Reform (E.O.12988)
Consultation With Indian Tribes (E.O. 13175)
Paperwork Reduction Act, 44 U.S.C. 3501, et seq.
National Environmental Policy Act
Effects on the Energy Supply (E.O. 13211)
List of Subjects in 43 CFR Part 51
PART 51—GUIDANCE DOCUMENTS PROCEDURES
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Start Preamble
Office of the Secretary, Interior.
Interim final rule; request for comments.
We, the Department of the Interior (Department), through this interim final rule (IFR), revise our rulemaking procedures to implement an Executive order (E.O.) entitled "Promoting the Rule of Law Through Improved Agency Guidance Documents." The E.O. requires Federal Agencies to finalize regulations or amend existing regulations to establish processes and procedures for issuing guidance documents and to establish exceptions for categories of guidance documents.
You may submit comments by one of the following methods:
Federal e-Rulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments to Docket No. DOI-2020-0001. Please note that if you are using the Federal eRulemaking Portal, the deadline for submitting electronic comments is 11:59 Eastern Standard Time on the comment due date.
Mail: Address comment to Public Comments Processing, Attn: Docket No. DOI-2020-0001; Department of the Interior; MS: 7328; 1849 C Street NW, Washington, DC 20240.
Start Further Info
Bivan Patnaik, Deputy Director of Regulatory Affairs, Office of the Executive Secretariat and Regulatory Affairs, by phone at 202-208-3181 or via the Federal Relay Service at 800-877-8339, or via email account guidance_document@ios.doi.gov.
End Further Info End Preamble Start Supplemental Information
E.O. 13891, entitled "Promoting the Rule of Law Through Improved Agency Guidance Documents," which published in the Federal Register on October 15, 2019 (84 FR 55235), is intended to improve the guidance document development process while maintaining an open and fair regulatory process for the public. On October 31, 2019, the Office of Management and Budget (OMB) issued a "Memorandum for Regulatory Policy Officers at Executive Departments and Agencies and Managing and Executive Directors of Certain Agencies and Commissions" (M-20-02).[1] One of E.O. 13891's requirements is that Federal Agencies promulgate final regulations or amend existing regulations that set forth processes and procedures for issuing guidance documents.[2] The purpose of this IFR is to codify these processes and procedures for issuing guidance documents as well as to allow the public to comment on the rule. The Department is amending its regulations under an IFR and will forgo issuing a proposed rule. The IFR will take effect on the date specified above in DATES, with public comment to conclude as set forth in DATES. Based on public comments received, the interim rule may be revised. The final rule will contain responses to comments received on the IFR, state the final decision, and provide the justification for that decision.
This IFR creates a new part 51 in title 43 of the Code of Federal Regulations (CFR), which concerns Public Lands and the Department of the Interior. This rule promulgates the Department's procedural requirements governing the development, review, and clearance of guidance documents; the processes for Start Printed Page 67667the public to petition for withdrawal or modification of a particular guidance document, including designating the officials to whom petitions should be directed; and the procedures for review and approval of significant guidance documents.
The procedures contained in this IFR apply to all guidance documents, which E.O. 13891 defines as any statement of agency that is of general applicability and intended to have future effect on the behavior of regulated parties, that sets forth a policy on a statutory, regulatory, or technical issues or an interpretation of a statute or regulation, with certain exceptions. OMB's M-20-02 further clarifies and provides information for Agencies to consider in determining when a document is indeed a guidance document, including a functional test for rules of agency organization, procedure, or practice. This IFR codifies the Department's existing procedures and implements new procedures regarding the development, review, and clearance of guidance documents. These procedures ensure that all guidance documents receive legal review and, when appropriate, Office of the Secretary review. Before guidance documents are issued, they must be reviewed to ensure they are written in plain language and do not impose any substantive legal requirements above and beyond those imposed by statute, regulation, or contract. If a guidance document purports to describe, approve, or recommend specific conduct that extends beyond what is required by existing law, regulation, or contract, then it must include clear and prominent language effectively stating that the contents of the guidance document do not have the force and effect of law and are not meant to bind the public in any way, and the guidance document is intended only to provide clarity to the public regarding existing requirements under the law, regulation, contract or agency policies.
In recognition of the fact that although guidance documents are not legally binding, they could nevertheless have a substantial economic impact on regulated entities that alter their conduct to conform to the guidance, this IFR directs Bureaus and Offices within the Department to undertake a benefits and cost assessment of the impact of the guidance document when appropriate. Further information that describes identifying and measuring benefits and costs are found in OMB's Circular A-4 (add footnote). Further Bureaus/Offices of the Department are to be in compliance with E.O. 13891, Section 4(a)(iii)(C) and (D). The procedures for the development, review, and clearance of guidance documents can be found at 43 CFR part 51.
Under section 553(b)(3)(B) of the APA, a proposed rule is not required "when the agency for good cause finds (and incorporates the finding and a brief statement of reasons therefor in the rules issued) that notice and public procedure thereon are impracticable, unnecessary, or contrary to the public interest." There is good cause to forgo notice and public comment on a proposed rule in this instance and instead take immediate action because this IFR codifies the Department's existing procedures and implements new procedures regarding the development, review, and clearance of guidance documents as directed by E.O 13891. Additionally, it does not reach any right or benefit, substantive, or procedural, as an enforceable action against the United States or the Department. The Department finds good cause in accordance with 5 U.S.C. 553(d)(3) to make the IFR effective less than 30 days after the date of publication to allow for swift implementation of this program. Although this IFR is effective immediately, comments are solicited from the public on all aspects of the interim final rule. The Department will consider all public comments received in the development of a subsequent final rule.
E.O. 12866 provides that the Office of Management and Budget's (OMB's) Office of Information and Regulatory Affairs will review all significant rules. The Office of Information and Regulatory Affairs has determined that this rule is not significant.
E.O. 13563 reaffirms the principles of E.O. 12866, calling for improvements in the nation's regulatory system to promote predictability, to reduce uncertainty, and to use the best, most innovative, and least burdensome tools for achieving regulatory objectives. E.O. 13563 directs agencies to consider regulatory approaches that reduce burdens and maintain flexibility and freedom of choice for the public, where these approaches are relevant, feasible, and consistent with regulatory objectives. This IFR is in compliance with E.O. 13563 and is intended to promote predictability, to reduce uncertainty, and to use the best, most innovative, and least burdensome tools for achieving regulatory objectives.
This IFR will not have a significant economic effect on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) as it will not directly impact small entities or impose any regulatory burdens on them.
In accordance with section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996, the Department will assist small entities in understanding this rule so that they can better evaluate its effects. If the IFR rule will affect your small business, organization, or governmental jurisdiction, and you have questions concerning its provisions, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section of this rule. Small businesses may send comments on the actions of Federal employees who enforce or otherwise determine compliance with Federal regulations to the Small Business Administration's Small Business and Agriculture Regulatory Enforcement Ombudsman and the Regional Small Business Regulatory Fairness Boards. The Ombudsman evaluates these actions annually and rates each agency's responsiveness to small business.
A statement containing the information required by the Unfunded Mandates Reform Act (2 U.S.C. 1531 et seq.) is not required.
This rule:
(a) Will not impose an unfunded mandate on state, local, or tribal governments or the private sector of more than $100 million per year.
(b) Will not have a significant or unique effect on State, local, or tribal governments, or the private sector.
This rule is not an E.O. 13771 regulatory action because this rule is not significant under E.O. 12866.
This proposed rule does not affect a taking of private property or otherwise have taking implications under Executive Order 12630. This rule is not a Government action capable of interfering with constitutionally protected property rights. It does not impose any obligations on the public Start Printed Page 67668that would result in a taking. A takings implication assessment is not required.
Under the criteria in section 1 of E.O. 13132, this IFR will not have sufficient federalism implications to warrant the preparation of a federalism summary impact statement because it will not substantially and directly affect the relationship between the Federal and State governments. Accordingly, a federalism summary impact statement is not required.
This IFR complies with the requirements of E.O. 12988.
Specifically, this rule:
(a) Meets the criteria of section 3(a) of this E.O. which requires that all regulations be reviewed to eliminate errors and ambiguity and be written to minimize litigation; and
(b) Meets the criteria of section 3(b)(2) of this E.O. which requires that all regulations be written in clear language and contain clear legal standards.
The Department strives to strengthen its government-to-government relationship with federally recognized Indian tribes through a commitment to consultation and recognition of their right to self-governance and tribal sovereignty. Under the criteria in E.O. 13175 and Departmental Manual Part 512 Chapters 4 and 5, this IFR will have no substantial direct effects on federally recognized Indian tribes or Alaska Native Claims Settlement Act (ANCSA) Corporations, and consultation under the Department's consultation policies is not required.
This IFR does not contain any new collections of information that require approval by OMB under the Paperwork Reduction Act. This IFR will not impose recordkeeping or reporting requirements on State, local, or Tribal governments, individuals, businesses, or organizations.
This IFR does not constitute a major Federal action significantly affecting the quality of the human environment. Pursuant to Departmental Manual 516 DM 2.3A (2), section 1.10 of 516 DM 2, Appendix 1 categorically excludes from the requirement to document an environmental assessment or impact statement policies, directives, regulations and guidelines of an administrative, financial, legal, technical or procedural nature; or the environmental effects of which are too broad, speculative or conjectural to lend themselves to meaningful analysis and will be subject to the NEPA process, either collectively or case-by-case. See also 43 CFR 46.210(i). The Department has reviewed this rule and determined that this categorical exclusion applies, and that none of the extraordinary circumstances that would preclude use of the categorical exclusion are applicable. See 43 CFR 46.215. Therefore, a detailed statement under the National Environmental Policy Act of 1969 (NEPA) is not required.
This IFR is not a significant energy action under the definition in E.O. 13211; therefore, a Statement of Energy Effects is not required.
The Department is required by section 1(b)(12) of E.O. 12866 and Section 3(b)(1)(B) of E.O. 12988 and by the Presidential Memorandum of June 1, 1998, to write all rules in plain language. This means that this rule must:
(a) Be logically organized;
(b) Use the active voice to address readers directly;
(c) Use common, everyday words and clear language rather than jargon;
(d) Be divided into short sections and sentences; and
(e) Use lists and tables wherever possible.
If you feel that we have not met these requirements, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section of this preamble.
The Department publishes this IFR in accordance with the APA as codified in the text of chapters 5 and 7 of Title 5, United States Code, that govern procedures for agency rulemaking and adjudication and provides for judicial review of final agency actions and E.O. 13891.
Start List of Subjects
Administrative practice and procedure
End List of Subjects
For the reasons discussed in the preamble, 43 CFR part 51 is added to read as follows:
Start Part
Review and clearance by the Office of the Solicitor.
Requirements for clearance.
Public access to effective guidance documents.
Cost and benefit estimates.
Approval procedures for guidance documents identified as "significant."
Definition of "significant guidance document."
Designation procedures.
Notice-and-comment procedures.
Petitions for guidance.
Rescinded guidance.
Exigent circumstances.
Reports to Congress and the Comptroller General.
No judicial review or enforceable rights.
Start Authority
Authority: 5 U.S.C. Chapter 5, Subchapter II; Chapter 7, E.O. 13891, 84 FR 55235, 3 CFR, 2019 Comp., p. 371.
End Authority
§ 51.1
(a) This part governs the issuance of Departmental guidance documents.
(b) Subject to the qualifications and exemptions contained in this part, the procedures in this part apply to all guidance documents issued by all Bureaus/Offices of the Department of the Interior (the Department) after October 26, 2020.
(c) For purposes of this part, the term "guidance document" is any statement of agency policy or interpretation of a statute, regulation, or technical matter within the jurisdiction of the agency that is of general applicability and intended to have future effect on the behavior of regulated parties, that sets forth a policy on a statutory, regulatory, or technical issues or an interpretation of a statute or regulation, with certain exceptions. The term is not confined to formal written documents; guidance may come in a variety of forms, including (but not limited to) letters, memoranda, circulars, bulletins, advisories, and may include video, audio, and Web-based formats. See Office of Management and Budget (OMB) Bulletin 07-02, "Agency Good Guidance Practices," (January 25, 2007) ("OMB Good Guidance Bulletin").
(d) This part does not apply to the following documents, which are not included in the definition of "guidance document" for purposes of this part:
(1) Rules promulgated pursuant to notice and comment under 5 U.S.C. 553, or similar statutory provisions;
(2) Rules exempt from rulemaking requirements under 5 U.S.C. 553(a);
(3) Rules of agency organization, procedure, or practice;
(4) Decisions of agency adjudications under 5 U.S.C. 554 or similar statutory provisions;
(5) Internal guidance directed to the issuing agency or other agencies that is Start Printed Page 67669not intended to have substantial future effect on the behavior of regulated parties; or
(6) Internal executive branch legal advice or legal advisory opinions addressed to executive branch officials that are not intended to have substantial future effect on the behavior of regulated parties.
All Departmental guidance documents, as defined in § 51.1(c), require review and clearance in accordance with this part.
(a) Guidance proposed to be issued by a Bureau/Office of the Department must be reviewed and cleared by the relevant Division of the Office of the Solicitor. In addition, as provided in paragraph (b) of this section, some Bureau/Office guidance documents will require review and clearance by the Immediate Office of the Solicitor.
(b) Guidance proposed to be issued by the Office of the Secretary must be reviewed and cleared by the Immediate Office of the Solicitor.
The Department's review and clearance of guidance documents must ensure that each guidance document proposed to be issued by a Bureau/Office of the Department satisfies the following requirements:
(a) The guidance document complies with and cites all relevant statutes and regulations (including any statutory deadlines for agency action);
(b) The guidance document identifies or includes:
(1) The term "guidance" or its functional equivalent;
(2) The issuing Bureau/Office and the date of issuance;
(3) A unique identifier, including, at a minimum, the date of issuance and title of the guidance document and its Z-Regulatory Identification Number (Z-RIN), if applicable;
(4) The activity or entities to which the guidance applies;
(5) Citations to applicable statutes and regulations;
(6) A statement noting whether the guidance document intends to revise or replace any previously issued guidance document and, if so, sufficient information to identify the previously issued guidance document; and
(7) A short summary of the subject matter covered in the guidance document at the top of the document;
(c) The guidance document should not use mandatory language, such as "shall," "must," "required," or "requirement," unless the language is describing an established statutory, regulatory, or contractual requirement or is addressed to Department staff and will not foreclose the Department's consideration of positions advanced by affected private parties;
(d) The guidance document is written in plain and understandable English; and
(e) The guidance document must include a clear and prominent statement declaring that the contents of the document do not have the force and effect of law, except as authorized by law or as incorporated into a contract, and are not meant to bind the public in any way, except as authorized by law or as incorporated into a contract, and that the document is intended only to provide clarity to the public regarding existing requirements under the law or agency policies.
Each Bureau/Office that is responsible for issuing guidance documents must:
(a) Ensure all effective guidance documents, identified by a unique identifier which includes, at a minimum, the document's title and date of issuance or revision and its Z-RIN, if applicable, are on the Department's website in a single, searchable, indexed database, and available to the public in accordance with the notice titled "Implementation of Executive Order 13891: Guidance Documents";
(b) Note on its website that guidance documents lack the force and effect of law, except as authorized by law or as incorporated into a contract;
(c) Maintain and advertise on its website a means for the public to comment electronically on any guidance documents that are subject to the notice-and-comment procedures described in § 51.17 and to submit requests electronically for issuance, reconsideration, modification, or rescission of guidance documents in accordance with § 51.21; and
(d) Designate an office or official(s) to receive petitions for withdrawal or modification of guidance documents and address complaints from the public that the Bureau/Office is not following the requirements of OMB's Good Guidance Bulletin or is improperly treating a guidance document as a binding requirement.
(a) The Bureau/Office must evaluate whether, although not legally binding, an agency guidance document may result in a substantial economic impact (e.g., by inducing private parties to alter their conduct to conform to recommended standards or practices) where "significant" as defined by E.O. 12866. E.O. 12866 requires agencies to estimate the net benefits of regulations. Net benefits are defined as total benefits minus total costs. When it is determined that a guidance document will be economically significant, the Bureau/Office must prepare a Regulatory Impact Analysis and make it publicly available in the same manner it what would accompany an economically significant rulemaking.
(b) While it may be difficult to predict with precision the economic impact of voluntary guidance, the issuing Bureau/Office must, to the extent practicable, make a estimate the likely economic cost impact of the guidance document in order to determine whether the guidance document is economically significant. When a Bureau/Office is explaining to OMB's Office of Information and Regulatory Affairs (OIRA) whether it believes a guidance document is economically significant, it should, at a minimum, provide the same level of analysis that would be required for a major determination under the Congressional Review Act.[1]
§ 51.11
(a) Guidance documents proposed to be issued by a Bureau/Office must be submitted (or a summary of it) to the Office of the Executive Secretariat and Regulatory Affairs (OES). OES will submit these documents or summaries of them to OIRA for significance determinations. If OIRA determines that a proposed guidance document is significant, then the Bureau/Office must obtain a Z-RIN and clearance through the Data Tracking System (DTS) or successor data management system. Each proposed guidance document determined to be significant must be approved by the Secretary before issuance.
(b) As with regulations or rules, including significant regulatory actions, OES will submit significant guidance documents to OIRA consistent with the requirements set forth in § 51.13(c). In addition, OES may determine that it is appropriate to coordinate with the Office of the Secretary and OIRA in the review of guidance documents.
(c) Significant guidance documents must be reviewed by OIRA under E.O. 12866 before issuance and must demonstrate compliance with the applicable requirements for regulations or rules, including significant regulatory actions.Start Printed Page 67670
(d) If the guidance document is determined not to be significant as defined by § 51.13, OES will advise the proposing Bureau/Office to proceed with issuance of the guidance through its standard clearance process.
(a) The term "significant guidance document" means a guidance document that may reasonably be anticipated to:
(1) Lead to an annual effect on the economy of $100 million or more or adversely affect in a material way the U.S. economy, a sector of the U.S. economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or tribal governments or communities;
(2) Create serious inconsistency or otherwise interfere with an action taken or planned by another Federal agency;
(3) Alter materially the budgetary impact of entitlements, grants, user fees, or loan programs or the rights and obligations of recipients thereof; or
(4) Raise novel legal or policy issues arising out of legal mandates, the President's priorities, or the principles set forth in E.O. 12866, as further amended.
(b) The term "significant guidance document" does not include the categories of documents excluded by § 51.1(d) or any other category of guidance documents exempted in writing by OIRA in consultation with OES.
(c) Significant guidance documents must:
(1) Be reviewed by OIRA under E.O. 12866 before issuance;
(2) Be approved on a non-delegable basis by the Bureau/Office head or by an agency component head appointed by the President, before issuance; and
(3) Demonstrate compliance with the applicable requirements for regulations or rules, including significant regulatory actions, set forth in Executive Orders 12866, 13563, 13609, 13771, 13777, and 13893.
(a) The OES may request a Bureau/Office to prepare a designation request for certain guidance documents. Designation requests must include the following information:
(1) A summary description of the guidance document; and
(2) The Bureau/Office recommended designation of "not significant," "significant," or "economically significant," as well as a justification for that designation.
(b) OES must seek significance determinations from OIRA for guidance documents in the same manner as for regulatory actions. Prior to publishing such guidance documents, and with sufficient time to allow OIRA to review the document in the event that a significance determination is made, OES will provide OIRA with an opportunity to review the designation request or the guidance document, if requested, to determine if it meets the definition of "significant" under Executive Order 13891.
(a) Except as provided in paragraph (b) of this section, all proposed Department guidance documents determined to be a "significant guidance document" within the meaning of § 51.13 will be subject to the following informal notice-and-comment procedures prior to issuance. The issuing Bureau/Office must:
(1) Publish a notice in the Federal Register announcing that a draft of the proposed guidance document is publicly available;
(2) Post the draft guidance document on its website;
(3) Invite public comment on the draft document for a minimum of 30 days through a Federal Register notice;
(4) All public comments received must be posted and made publicly available; and
(5) Prepare and post public responses to major concerns raised in the comments, as appropriate, on its website, and through a Federal Register notice either before or when the guidance document is finalized and issued.
(b) The requirements of paragraph (a) of this section will not apply to any significant guidance document or categories of significant guidance documents for which OES finds, in consultation with OIRA, the proposing Bureau/Office, Solicitor, Assistant Secretary, and the Secretary, that good cause exists such that notice and public procedure thereon are impracticable, unnecessary, or contrary to the public interest (and incorporates the finding of good cause and a brief statement of reasons therefor in the guidance issued). Unless OES advises otherwise in writing, the categories of guidance will be exempt from the requirements of paragraph (a) of this section.
(c) Where appropriate, OES or the proposing Bureau/Office may recommend to the Secretary that a particular guidance document that is not a significant guidance document should be subject to the informal notice-and-comment procedures described in paragraph (a) of this section.
Any person may petition the Secretary, through an electronic submission, to issue new, or withdraw or modify, a particular guidance document by using the procedures found in 43 CFR part 14 (§§ 14.1 through 14.4). The Secretary will delegate the petition to the appropriate Bureau/Office, which should respond to all requests in a timely manner but must respond no later than 90 days after receipt of the request.
A Bureau/Office may not cite, use, or rely on guidance documents that are rescinded, except to establish historical facts.
In emergency situations or when the issuing Bureau/Office is required by statutory deadline or court order to act more quickly than normal review procedures allow, the issuing Bureau/Office must coordinate with OES to notify OIRA as soon as possible and, to the extent practicable, must comply with the requirements of this part at the earliest opportunity. Wherever practicable, the issuing Bureau/Office should schedule its proceedings to permit sufficient time to comply with the procedures set forth in this part.
Unless otherwise determined in writing by OES, it is the policy of the Department that upon issuing a guidance document determined to be "significant" within the meaning of § 51.13, the issuing Bureau/Office will submit a report to Congress and the Comptroller General in accordance with the procedures described in 5 U.S.C. 801 (the "Congressional Review Act").
This part is intended to improve the internal management of the Department. As such, it is for the use of Department personnel only and is not intended to, and does not, create, any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its agencies or other entities, its officers or employees, or any other person.
End Part Start Signature
Dated: September 28, 2020.
Katharine Sinclair MacGregor,
Deputy Secretary, U.S. Department of the Interior.
End Signature End Supplemental Information
1. See Memorandum for Regulatory Policy Officers at Executive Departments and Agencies and Managing and Executive Directors of Certain Agencies and Commissions.
Back to Citation
2. See section 4(a) of Executive Order 13891.
1. See OMB Memorandum M-19-14, Guidance on Compliance with the Congressional Review Act (April 11, 2019).
BILLING CODE 4334-63-P


text:
A toast -- to smarter priorities on U.S. campuses
By MICHAEL LEO POMERANZ
Quick! Which American president led troops across the Delaware River on Christmas Day? Don't know? Don't be sad -- recent college grads probably don't either.
Studies by the American Council of Trustees and Alumni have shown that college students have a limited grasp of American history. For example, just over a third can correctly name the low point of the Revolutionary War. (That would be Valley Forge, by the way, where troops were led by that same future president, George Washington.)
This shouldn't surprise us. According to www.WhatWillTheyLearn.com, a study of more than 700 college general education curricula, only 140 schools require a survey course in American history or government. The numbers are similarly dismal for other core courses: nearly 40 percent of schools don't require a math class, fewer than 250 require intermediate foreign language, 160 require a survey of literature and only 25 require economics.
Instead of teaching students basic history, literature and math, colleges are building new buildings. In fact, they compete with one another to build and build and build -- and you, the taxpayer and tuition-check-writer, pay for it. A single square foot of construction can cost $300 -- and construction costs account for less than 30 percent of the lifetime costs of a building. In 2009, a space analysis firm estimated that an eighth of college buildings went up in the decade prior.
How to pay for it? Presidents and provosts borrow money to build buildings that make them look good. But your students don't need them. How do we know? Because they never needed them before. In 1974, schools averaged 160 assignable square feet of space per student. On average, schools now provide nearly three times that.
Meanwhile, you will find few classes in the evenings, on Fridays or even weekday mornings -- to say nothing of the Saturday classes that schools used to require: less education, more empty, costly buildings.
Is this any way to run a university system?
As we head into this new year, with many Americans bracing for another year of financial difficulties, it's time for colleges and universities to work together to save money and truly to educate the next generation of Americans. Some schools and states are doing this. For example, public universities in both North Carolina and Pennsylvania have taken advantage of distance learning technology to establish foreign language consortia: groups of schools will offer a language major or graduate program, saving the state money and producing future workers.
Higher education can provide better education and at a lower costs. Trustees and taxpayers should encourage administrators at their local schools to advance our students, not our debts.
Putting students first: that's what we need. And we need it quick.
Michael Leo Pomeranz is senior researcher for the American Council of Trustees and Alumni.

redpajama_set_name: RedPajamaCommonCrawl


For our own brand ranges we work directly with Europe's largest and best manufacturers of column radiators. This ensures that our Trade Essentials and Classic Column Radiator ranges are of the highest quality, whilst offering the best value possible. Meaning you benefit from cheap column radiator prices but still have peace of mind that you are installing a high quality radiator that has been manufactured by one of Europe's original column radiator makers, rather than settling for a cheap imported copy from the Far East.
Our Trade Essentials and Classic Column ranges, offer the most popular sizes, at low prices and fast delivery. We also offer an all encompassing range, which brings you just about any size and any colour of column radiator you could possibly need. These are bespoke, made to order column radiators and will generally take a little longer to deliver but are made to your exact specifications. You are very welcome to visit our dedicated radiator showroom to view some of the paint finishes and textures available or you can call our sales team to get friendly help and advise on your radiator requirements.


Hartwood Hospital was, at one time, the largest asylum in Europe, designed to house 500 patients in six wards.
Construction started in the beginning of 1890 on land purchased from Lord Deas (the "hanging judge"), with a branch line built from the nearby Hartwood Station. The official opening was on 20th May 1895, and by 1901 the hospital had over 800 patients, in a hospital that was it's own self-contained world with it's own farm, power plant, water supply, cottages for staff, bowling greens and train service. Hartwood pioneered the idea that psychiatric patients should not just be locked away, but some attempt should be made to treat them – Hartwood was the first hospital in Scotland to use Lobotomy as a cure, pioneered occupational therapy, and in 1985 was the first hospital to try community care.
The hospital just about made it to it's centenary, and it's College of Nursing, annexed to Strathclyde University's Bell College, survived a bit longer and closed in 2000. Most of the wards were demolished, but the main building with it's twin towers survived, and for a time became the Lanarkshire Media Centre, home to Lanarkshire TV, a short-lived local TV station. That lasted a couple of years then the building was abandoned, and suffered a serious fire in 2004. It now stands very derelict.
Photograph was taken inside the building, hence the reversal !
My grandfather died here on 16 April 1935.
Anthony Dixon (Cssonis) from Viewpark.
Anyone any information on what went on in Hartwood.
Why was he put there?
My training started here in 1982 and I resided in Nursing Home . It was a truly unique place and most of the staff there were some of the most caring people I have ever encountered. They used all resources they had to ensure a caring clean comfortable environment for all residents. A truly beautiful building which even in 1982 required a full renovation to keep its standard acceptable. Its a pity it has now become so derelict as it was and is a truly remarkable piece of our history.
As part of my Registered Nurse training I had to go to Hartwood for the Psychiatric part of the course and my experience there left me traumatised not by the patients but by the way some of the psychiatric nursing staff mistreated them. This was approximately 1988 or 89. The ward I worked in was a male long term ward with a mixture of ages.
Patients were treated by several members of staff as sub human.
However, there were two female nurses who were wonderful with them and treated them like the human beings they were. Every second Saturday one of them used to take several of the patients to see Motherwell football team play at home and another one used to sing and tap dance for them. Both these girls were a ray of sunshine to their patients and a credit to their profession and must have made easier to bear what was otherwise the unbearable life these men had. Any nurse who rocked the boat by reporting anyone who mentally or physically abused patients would have been blacklisted of that I am sure.
I hated Psychiatry and could not get out of Hartwood quick enough but I have never ever forgotten the two good nurses.
I lust after that turret clock!
The big shame about a lot of buildings of this type is due to be listed they cost more to repair. This in conjunction with the budget struggles public bodies such as the NHS face means that these buildings are not suitable to hold onto and are difficult to then sell to possible developers that will have a positive use of them.
Wow, that beautiful clock mechanism! Stunning.


The signs are that Bush's emphasis is on diplomacy in the overseas arena.
We have now arrived at a critical point in the presidency of George W. Bush.
He faces major challenges in both domestic and foreign policies. Some may be successfully tackled by skillful diplomacy and political skill. Others may be beyond his control and will play out as they will.
At home he must tackle the extraordinarily controversial question of illegal immigration. His bid to solve the pending problems surrounding Social Security is still up in the air, while healthcare, the future financing of which remains even more problematic than that of Social Security, lingers in the shadows. All three of these issues are significant for future generations and demand bilateral statesmanship. Instead they are fraught with political peril for a president whose party is confronted by midterm elections later this year, whose standing in public opinion polls is down, and whose Democratic opposition thinks the Republicans are currently vulnerable. On top of all this, rising gas prices are irritating the electorate.
If by some magical process in the next four or five months the United States could capture Osama bin Laden, see enough stability in Iraq to start removing substantial numbers of American troops, and substantially bring down gas prices at home, the president and his Republican supporters would be riding high. But the likelihood of all three taking place in that time frame is thin indeed.
Iraq is the most pressing foreign problem confronting the American president. The nomination last weekend of Jawad al-Maliki as Iraq's prime minister, a Shiite political activist who spent 20 years in exile during Saddam Hussein's autocratic reign, appears to have eased a long drawn-out political crisis. The way is now open to form a government and approve a constitution. That government must win the trust of Kurds and Sunnis, as well as the Shiite majority, and rebuild Iraq's infrastructure, which currently is unable even to provide reliable electricity and water. All the while, the government must do this as terrorists try to bring it down.
Elsewhere in the world, we are more likely to see defensive, rather than offensive, US policies in play. A power like the United States, with worldwide interests and obligations, should prudently have contingency plans for the projection of military force. But all the signs are that the emphasis is currently on diplomacy, and alliances with countries of common interest.
The handling last week of Chinese President Hu Jintao's visit to the US exemplified this nonconfrontational strategy. Mr. Hu presides over a communist regime that has adopted many aspects of the free-market system to make China an exploding economic power. President Bush in Washington went on record with US distaste for China's human rights abuses, even as American businessmen in Seattle, who see big markets in China, wooed Hu. The US president indicated coolness for China's system of government but recognized China's importance as a trading partner and its usefulness as an interlocutor with North Korea and Iran, two nations whose nuclear weaponry ambitions are troubling to the West. In other words, preserve the status quo and don't rock the boat.
In part to offset China's growing influence in Asia, the president recently visited India to nurture a relationship that has been on and off over the years. Like China, India is fast emerging as a significant economic power, although under a robust democratic system of government. Mr. Bush's wooing of India included support for India's nuclear power development, and even acceptance of its nuclear weaponry program - controversial among some in the US Congress.
Bush did not offer similar endorsement of neighboring Pakistan's nuclear weapons program. This has consequently caused some tension in US-Pakistani relations. Pakistan has been a strong ally of the US in the war against terrorism, for which the US has been grateful. But it has been careless in allowing the export of nuclear expertise and materials to countries on the American blacklist, which the US does not appreciate.
Another problem country with which the US is pursuing its present "don't rock the boat" policy is Russia. In his second presidential term, Vladimir Putin is proving a disappointment, having taken Russia in a new authoritarian direction and aided rogue nations such as Iran. But Bush said recently: "I haven't given up on Russia." He believes that even a cool relationship with Russia can be more useful than a hostile one.
At a delicate time in his presidency, the president is treading gently with foreign friends and foes alike.


Following a $31.5 million verdict against a Dallas auto body shop for what the jury found was its role in a couple's serious injuries, the Auto Body Association of Texas plans to start holding members to a higher standard "in terms of safety," Executive Director Jill Tuggle said Monday.
Tuggle, who attended closing arguments Friday and the verdict Monday in Seebachan v. John Eagle Collision Center, said the idea was fresh and details had yet to be worked out.
Members might be asked to take an oath of some sort, she said. That way, ABAT can refer customers to those collision repairers with a locator on its website and be confident the shop is trained and willing to do a quality repair.
As noted earlier, the idea is raw and will be fleshed out by the trade group. ABAT would likely be working on the quality control initiative through the end of the year, Tuggle said.
John Eagle Collision panel-bonded a replacement roof to a 2010 Honda Fit rather than using the welds dictated by Honda OEM repair procedures, according to records and the deposition of John Eagle Collision Center director Boyce Willis.
An expert for the plaintiffs said the use of adhesive — thought to be 3M's 8115 — compromised the roof's ability to manage collision energy for the unibody vehicle, leading to a more severe collision experience for its subsequent owners, Matthew and Marcia Seebachan. The couple suffered serious injuries and were trapped inside the burning Fit in 2013 after T-boning a hydroplaning 2010 Toyota Tacoma which traveled into their lane.
The jury awarded $42 million and declared John Eagle Collision responsible for 75 percent of it; the rest of the culpability went to the other driver.
"We've got to take the word recommendation more seriously," said Tuggle, who described the jurors as feeling OEM recommendations were how cars should be fixed. Insurers and even John Eagle Collision had argued that they're merely suggestions, interchangeable with another idea of how the repair should be done.
"They thanked me," Tuggle said. She said she got the impression her comments helped them feel like "'I did the right thing'" with the verdict.
Tuggle called the case a tricky one for her as a trade group director. She hates to see a shop sued, but repairers seemed "mostly positive with the verdict today," she said.


In a shock for absolutely no one, it looks like Virgin Media are preparing to enter the 4K set-top box in the near future with a Ultra High Definition device of its own.
Revealed in a first-quarter financial report, Virgin announced its, "preparing to launch new set-top box platform," which will go on to rival the likes of BT's YouView box and Sky's newly minted Sky Q service.
Virgin's long-suffering TiVo boxes have been need of an upgrade for a while now, so it's clear Virgin are ready to take on the competition with a new heavy hitting media streamer. In fact, it's been pretty open about the fact already with a Virgin Media spokesman confirming to What Hi-Fi only recently that, "there will be a new set-top box coming later this year, and it will support Ultra High Definition."
Interestingly, the same spokesperson also added a tidbit about Virgin Media's plans for its existing boxes and services in the meantime: "Before that we will be updating the existing TiVo set-top box to make its menus slicker and more picture-based."
Exciting as the news is for Virgin Media customers hoping to upgrade their services, we're not expecting any UHD functionality quite yet - even Sky Q launched without the feature with the plan to patch it in later this year.


Welcome to our One Page Annulments Magazine Website! In this annulment website we will be discussing different scenarios and factors on how can come up with a legal ways to end your marriage with your husband or wife. We mainly focus on how we can help you by posting articles that give tips and advice on how file an annulment, how to find the best lawyer that can help you. Please visit us regularly to learn more about us and the ways on filing an annulment.


10 hole Rollaway Nests for 50 layer hens, suits free range producers. No nesting material needed. These Rollaway nests are a new system which uses no litter in the nest box. The specially shaped moulded plastic bowls encourage nesting behaviour. The bird enters the nest and proceeds to scratch out a nestplace. The moulded mesh floor in the bowl cleans the birds feet, and the body warmth quickly heats the plastic of the bowl to ensure it remains dry and comfortable. The nests contain no loose parts to catch on the birds feet. The eggs are laid and immediately roll away from the bird and under the egg cover. Clean, easy to maintain, with eggs safely away from the birds, avoiding losses due to breakage or vice. These nests are designed to be fitted on the inside of the shed and are dispatched as a flat pack with the sheet metal, nest bowls, rivets, nuts and bolts. You will require a pop rivet gun and screwdriver for the assembly as it is mostly held together by rivets. For factory pickups, the nests can be pre-assembled at an extra cost and need 3 working days notice. The most efficient small producer nest we have ever seen.
Dimensions: Width 1300mm, Height 900mm and depth 550mm. Entry perches do not flip up.


MatchingLink has been nominated for the Accenture Innovation Awards. This is an annual repeating contest for the most innovative Dutch products, services and concepts. The awards are handed out to acknowledge new innovative concepts in the Dutch market. All nominees have in common that they use smart technology to address a certain problem or to make life easier.
MatchingLink was nominated for the Accenture Innovation Award because it provides easy and transparent access to Liability Driven Investment management and reporting. It combines industry knowledge with high quality calculations and workflow management on a single platform. That way it enables all users, across multiple organizations and department, to find the information they need and collaborate and communicate effectively. This saves time for expensive specialists and the automation of certain tasks prevents costly mistakes. Also the misunderstanding in allocating assets and risks is reduced by the communication and fast availability of information. In short, MatchingLink offers an integrated and secure solution in an innovative way.


Certainly these commands are literally true, but is there more to being a Christian than avoiding these errors? The gospel according to John summarized the relationship between the Old Covenant laws and Christian practice by observing that, "the law was given through Moses. Grace and truth were realized through Jesus Christ" (John 1:17) So, what grace and truth did Jesus bring for us to see in these ten articles of His contract with the human race? What is the eternal message written into this text by the finger of God?
You have the right to acknowledge your faith to others and so spread the good news of salvation.
You have the right to live free of sin and free of the desire to sin.
You have the right to live without fear.
This is every believer's spiritual bill of rights, the benefits of the covenant signed by the finger of God. God has promised great things to the human race. He wants to give us His love, His presence, His blessings, His power, His vision — in short, He wants to give us everything that He has…and that's everything! The only limit on God's goodness toward us is our own free will. He created us so that we can choose to live under His law and so enjoy the rights that it conveys, or we can choose to rebel, ignore, or dismiss the way that reality works and so limit God's ability to bless us.
And so, today, pray this prayer. Choose the blessing over the curse, and accept all of the blessings that God has in store for you, right now, and forever.
Thank you Jesus for Being God, for asking to be my friend and savior and leaving me in freedom to respond.
Thank you for Your Creation, especially for creating me on purpose to find your purpose in my life and to become an angel in heaven.
Thank you for Your Peace and Hope which strengthens me for the journey of life.
Thank you for Providing me with Mentors, Supporters, Believers and Guides who can participate in Your leadership of my life.
Thank You for Life every day, good and bad, weak and strong, I know you foresee all evil and provide all good. So thank you for the opportunity to choose every day to live in your presence and bring your vitality, love, and wisdom into my relationships with others as I follow your example.
Thank You for true love and for providing me in this life or in the next with a perfect match, lasting love, and eternal bliss. Strengthen me for the walk toward faithful marriage today and everyday, to live not for myself but for others.
Thank You for every blessing, every skill, every insight, every opportunity, everything. Remind me to give credit to you for all that you do and open my eyes ever more to see your presence and activity in my life and in the world around me.
Thank You for bringing me into a community of believers that gives strength when I am down, clarity when I am in doubt, hope when I am desolate. May I come to see you more and more in each of their faces and may I strive to follow your example so that they might see your face in me.
Thank You for the love that you place in my heart — may it always be new so that with every challenge, every temptation, and every hard time I may choose to let my old life die and be replaced by your life in more and more ways every day of my life.
Thank You for life eternally new and happy, for faith which dispels fear, replacing it with peace and confidence in You.
All this we pray in Your name, our Lord and God, Jesus Christ. AMEN.
Reading your discourse, makes me feel like I just spent time in the sun…It's so ENLIGHTENING!!! I'd love it if the discourse could be easily shared, with you being given credit of course (Stephen Simon?).
Thanks for the suggestion. I have added a button in the sidebar that should allow you to share this blog on your facebook, etc.


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Latest Events, Information & Tickets. Independent Theater Guide.
The Lion King at Benedum Center Pittsburgh
Benedum Center | Pittsburgh
If you're excited about Sunday Sunday 29th September 2019 then you must know that The Lion King is coming back to Pittsburgh Pennsylvania for another amazing show. The star talent that has found new fans every month will be gracing the Benedum Center stage this September for what may be the can't miss show of 2019. If you have never seen The Lion King before, then now is your chance to see the hot new act that's exploded on Twitter, Facebook, and other Social Media outlets. Don't miss out on the act that everyone's been waiting all September to see. To get your tickets to this amazing show, click that Buy Tickets button below.
The Lion King is THE Broadway show that boasts a outstanding story and sensational drama plus can be enjoyed by your friends and loved ones alike. Pittsburgh is kept in high regard in the U.S.A for hosting the finest theatrical entertainment night after night. The Lion King has been given phenomenal reviews across the USA and even drawn the attention of the infamous Tony Awards. This Broadway tour has been making its way around the country with theatres in many cities hosting residencies for this popular production. Benedum Center is fortunate to be granted the honor of hosting The Lion King for Pittsburgh. This performance has had standing ovations on almost every occasion. So what are you waiting for? It's showtime!
Fans of Benedum Center Pittsburgh
Hasan Minhaj 20/01/2022
Shen Yun Performing Arts 21/01/2022
Nick Mason's Saucerful of Secrets [POSTPONED] 26/01/2022
Pittsburgh Ballet Theatre


This coming week we remember especially the death of our Saviour Jesus Christ. One of the things that is important to remember about this occasion is the planning of the Triune God to bring this about, and again, first and foremost for His glory and the salvation of sinners, also for His greater glory. Our Lord's death on the cross was not the Father's Plan "B" after Plan "A" failed with Adam and Eve. It was always the Father's plan to send His Son into this world to redeem sinners. Several passages of Scripture remind us of this.
It's a little (a lot really) mind boggling to think and know that the Triune God was planning creation, the fall of humanity, our redemption through Jesus Christ, and our ultimate glorification for eternity, even before one thing came to pass. It's also sobering to remember that the Triune God knew of the agony and suffering that the fall would cause, not just for humanity, but also for Himself.
The Old as well as the New Testament has many references to God's sadness at sinful man's rebellion. During the time of Noah, "The Lord was grieved that He had made man on the earth and His heart was filled with pain" (Gen 6:6). "The Lord was grieved that He had made Saul King, because he has turned away from me…" (1 Sam 15:11). God's Old Testament people grieved the Holy Spirit through their rebellion (Isa 63:10).
Jesus was filled with sorrow throughout His ministry on earth as He experienced the consequences of sin and rejection due to His passive obedience to the Father's will to come and dwell amongst sinners (John 11:35; Luke 13:34). Jesus experienced the full wrath of His Father through His active obedience by going all the way to the cross and becoming the sacrificial Lamb for the sins of all who were known to the Triune God before time began.
Thankfully, Good Friday isn't the end of the story. Resurrection Sunday follows and we rejoice for not only has our Saviour paid our penalty and redeemed us, through His resurrection we have now been justified (Rom 4:25).
And so in light of the Father's great plan of salvation, fulfilled in Jesus Christ, applied by the Holy Spirit, we praise the Triune God. More than that, we now in thankfulness strive to live for Him in true holiness and blamelessly, no longer grieving the Holy Spirit living within us. Have a great Easter, rejoicing and praising our Triune God. JZ.


text:
Q: I am using hibernate, no pom.xml or maven and getting the error?
This is my main class

package com.luv2code.hibernate.demo;

import org.hibernate.Session;
import org.hibernate.SessionFactory;
import org.hibernate.cfg.Configuration;

public class CreateStudentDemo {

    public static void main(String[] args) {

        // create session factory
        SessionFactory factory = new Configuration().configure("hibernate.cfg.xml").addAnnotatedClass(Student.class).buildSessionFactory();

        // create session
        Session session = factory.getCurrentSession();
        try {

            // create stydent object
            System.out.println("Creating a new student object");
            Student tempStudent = new Student("Paul", "Wall", "paulWall@gmail.com");

            // start a transaction
            session.beginTransaction();

            // save student object
            System.out.println("Saving student ");
            session.save(tempStudent);

            // commit the transaction
            session.getTransaction().commit();
            System.out.println("Done ...");

        }
        catch (Exception e) {
            System.out.println("ERROOOOORRR");
        }finally {
            ((SessionFactory) factory).close();
        }
    }

}

This is my hibernate configuration file

<!DOCTYPE hibernate-configuration PUBLIC
        "-//Hibernate/Hibernate Configuration DTD 3.0//EN"
        "http://www.hibernate.org/dtd/hibernate-configuration-3.0.dtd">

<hibernate-configuration>

    <session-factory>

        <!-- JDBC Database connection settings -->
        <property name="connection.driver_class">com.mysql.cj.jdbc.Driver</property>
        <property name="connection.url">jdbc:mysql://localhost:3306/hb_student_tracker?useSSL=false&serverTimezone=UTC</property>
        <property name="connection.username">hbstudent</property>
        <property name="connection.password">hbstudent</property>

        <!-- JDBC connection pool settings ... using built-in test pool -->
        <property name="connection.pool_size">1</property>

        <!-- Select our SQL dialect -->
        <property name="dialect">org.hibernate.dialect.MySQLDialect</property>

        <!-- Echo the SQL to stdout -->
        <property name="show_sql">true</property>

        <!-- Set the current session context -->
        <property name="current_session_context_class">thread</property>

    </session-factory>

</hibernate-configuration>

this is the error I get

Exception in thread "main" java.lang.NoClassDefFoundError: javax/xml/bind/JAXBException
at org.hibernate.boot.spi.XmlMappingBinderAccess.(XmlMappingBinderAccess.java:43)
at org.hibernate.boot.MetadataSources.(MetadataSources.java:87)
at org.hibernate.cfg.Configuration.(Configuration.java:123)
at org.hibernate.cfg.Configuration.(Configuration.java:118)
at com.luv2code.hibernate.demo.CreateStudentDemo.main(CreateStudentDemo.java:13)
Caused by: java.lang.ClassNotFoundException: javax.xml.bind.JAXBException
at java.base/jdk.internal.loader.BuiltinClassLoader.loadClass(BuiltinClassLoader.java:641)
at java.base/jdk.internal.loader.ClassLoaders$AppClassLoader.loadClass(ClassLoaders.java:188)
at java.base/java.lang.ClassLoader.loadClass(ClassLoader.java:520)
... 5 more

A: Java removed java.xml.bind from JAVA 9 and higher editions.
Here is the solution for same kind of issues:
Intellij: https://stackoverflow.com/a/73766451/18263761
Eclipse : https://stackoverflow.com/a/73766498/18263761

redpajama_set_name: RedPajamaStackExchange


Food is a fundamental part of a Spaniards identity, especially those from the North of Spain where the most ancient culinary traditions are the gastronomical societies. Txokos, as they are called in the Vasque country, are food clubs, where groups of friends – mostly men – get together with the excuse of cooking, drinking and sharing their passion of food, something transmitted in their families through the generations. These clubs are similar to the underground "by introduction only" restaurants found in Japan. (If you can get into one of these clubs you can bet it will be one of the most intimate and unique meals out there.) Going to Azurmendi in many ways feels like going to Eneko's own personal txoko: it was an incredibly intimate experience hosted by Eneko himself, one of the most passionate and down to earth chefs.
Azurmendi is located in a modern restaurant near Larrabetzu, a rural and tranquil town a few miles outside Bilbao. (15 min by car) This modern glass building by Vasque Architect, Naia Eguino, integrates beautifully with it's surroundings, in a similar way to that of Michel Bras' restaurant does in Toya. The building and it's surroundings serve as a is a multi use space that combine a kitchen/dining area, a banquet space, a modern day greenhouse, culinary lab and a winery.
Not only is this building a beautiful piece of modern architecture but it is also Green (sustainable). This beauty on a hill seems to be completely self sufficient: heating is done by way of geo-thermal energy, rain water is recycled and there are electric car chargers for guests. It is one of the first times that I truly felt that the architecture was an integrated living breathing thing that had a symbiotic relationship with the culinary process.
The sustainable architectural methodologies are not very different from that of Azurmendi's: be thoughtful and mindful of tradition, focus on local sourcing of produce/product and explore the science/culinary techniques that will help develop flavor.
Looking at this incredible edifice one could expect pretentious food but like the transparency of the walls, Azurmendi is honest in the kitchen and does not hide behind fanciful technique or ingredients. Everything you put in your mouth here has a purpose and it all tastes damn good! Here at Eneko's house there is no room for ego, the only thing as big is Eneko's passion for food and ensuring guests have a great time.
Eneko is an incredibly talented chef and at the young age of 35 already has his third Michelin star.
Upon arrival you are immediately greeted and whisked away on a glorious tour of the grounds and building. First stop is the greenhouse, where there are endless beds of beautiful green leafy things all grown in a perfect computer monitored atmosphere.
It was here that we got to meet Eneko and learned about his interest in not only growing gorgeous ingredients but his mission to bring back ingredients that have been extinct or endangered. It was clear from this conversation that this was so much more than your standard restaurant garden or green house, Eneko was crafting his own micro ecosystem.
Eneko showed us around the humid interior and then insisted that we "Eat Eat!"… we didn't know where to start. … are we supposed to ravage the hydroponic garden and stuff our mouth full of exotic hard to find ingredients? As we walked around you couldn't help but notice a few details that were slightly out of place; a perfectly perched tomato here a flower petal holding another ingredient there. All of these tasty vignettes subtly whispered to us, shhh.. eat me… we looked around to see if anyone was watching as we covertly slipped these beauties into our mouth. It felt wrong but let me tell you, they tasted oh so right. This scavenger hunt in the garden brought us into a vulnerable and playful place and in doing so transported us all right back to our childhood . What an incredibly playful way to start a meal.
After playing in the greenhouse it was time to come inside for a picnic pit stop.
This december dinner at Azurmendi was without a doubt one of the top 2 meals of 2013. If you are in the Bilbao area you must eat here. The food while being very conceptual and technical is incredibly flavorful and you can taste Eneko's passion in every bite. One of the most fantastic aspects of this place is the interactive journey that all diners go on, it starts the moment you climb the hill leading up the the modern glass shell and for me it lingered in my mind and tastebuds many days after I left. We can't wait to go back sometime in 2014.
Looks amazing, definitely putting this on my todo list.
As always – what a freaking beautiful post. Very moving! Thank you so much for posting this. It is now on the top of my list!


Besides turnkey interior design services, Legend Designs is committed to bring design in everyone's reach. An hour of consultation time is sometimes all a client needs to get on the right track or to correct a design direction.
All services are on an hourly basis. There is no mark-up on product. All wholesale discounts obtained by Legend Designs become the client's discounts.
A fee may apply for long distance travel.


text:
A Time for Mercy by John Grisham
(47. - 1072.) A Time for Mercy by John Grisham - Stuart Kofer is a mean drunk with a badge. Capable and sober as a Deputy Sheriff he enjoys spending his evenings drinking and brawling. Should a fight not develop he can relieve his frustrations upon his girlfriend, Josie Gamble, and her children, Drew (16) and Kiera (14), at home. After knocking out Josie but failing to breach the barricaded bedroom door of the teenagers he passes out. Terrified of Kofer and convinced his mother is dead, Drew takes Kofer's gun and holding it next to the deputy's head fires a shot killing him.
Grisham is back in Ford County, Mississippi. I am glad. Not with a story that deals with domestic violence but because Grisham knows so vividly the people of rural Mississippi. Many of his best books are in Ford County.
The county's Black sheriff, Ozzie Walls, is blindsided. His deputies had covered up Kofer's private life. Ozzie does not condone misconduct but protection of their own runs deep in law enforcement. He immediately calls in the state police to investigate.
Jake Brigance will get the call to defend Drew. He made his name as a defender in A Time to Kill defending Carl Lee Hailey, a black man who killed two white men who had raped his daughter.
I thought of how a defence would be mounted. Now a boy, for Drew is a young 16 who is small and quiet in nature, has committed vigilante justice. Can a jury be convinced that he was protecting himself and his sister not exacting vengeance on behalf of his mother?
It will be a challenge for the Gamble's are at the lowest level of Ford County society. Josie had the children by different fathers when she was a teenager. She has served time for involvement with drugs. They have no family in the county. To many they are trailer trash.
Can it be implied, even claimed, that Kofer was a man who needed killing? Unlike many books where there is a despicable victim Kofer has a family. Ozzie visits the Kofer's. They are a clan that "had always worked hard, lived frugally and tried to avoid trouble". He extends regret and sympathy.
Kofer's parents and extended family demand justice. Some ask during the visit if Drew can be put on death row. It is 1990 and mercy is not emphasized in a county focused on the Old Testament rather than the New Testament.
Knowing Judge Omar Noose is likely to appoint him, Brigance is conflicted. It has been 5 years since the turmoil of the Hailey case. For 3 years after the trial a "deputy parked in front of their house at night". Does he want "another high-profile, controversial case"? Prominent cases have not come his way as he expected after the Hailey case. He wants to be known as a lawyer unafraid of and successful at jury trials.
All the residents of Ford County are relieved the participants are white. None want to deal again with the racial issues of a killing involving black and white.
Brigance's good friend and fellow attorney, Harry Rex, forecasts no public sympathy for a cop killer even if Drew is 16. He predicts devastation for Brigance's law practice.
The good people of the Good Shepherd Bible Church, which the Gamble family had attended a few times, led by their young pastor, Charles McCarry gather around Kiera and Josie in support.
And Brigance and Rex are deeply involved in the Smallwood case. A family was killed at a dangerous railway crossing and they act for the family against the railroad. The defence is about to run out of delaying tactics and a trial is ready to be scheduled. While a trial is a major risk there is the potential of a multi-million dollar verdict in favour of the family.
When Brigance meets his client he is startled by how small and young Drew appears. The boy is deeply withdrawn. He spends hours humming and groaning to himself. He does say he killed Kofer because Kofer had killed his mother. Self defence has just become much harder to claim to a jury. More will be needed to plead to the jury that the killing was justified. If Brigance is to blacken Kofer he needs ironclad evidence. The town and county folk who will form the jury are already upset with Brigance for taking the case. And it is impossible to see them accepting an insanity defence
Pressure is already building in the Smallwood case the insurance company lawyers can see the community turning against Brigance. They are quite ready to let it build.
Then I realized the book is really about Brigance. The cases set up his life but the story is about practising law in rural Mississippi. I wiil discuss the life of a rural lawyer in Mississippi and Saskatchewan in my next post.
Jake's preparation for the trial is careful and thorough. Unlike most authors Grisham delves into the hard work of getting ready for a major trial. Such are his gifts as a writer that the pace never flagged.
Hard as it may seem for readers outside America it was a capital trial with the prosecutor seeking the death penalty for young Drew. With the highest consequences possible tension rises and rises.
I appreciated the prosecutor was skilful and doing his job. Grisham refrains from making him a bad guy.
Jury selection is taut with each side seeking jurors who will favour their view.
The trial is riveting. I could see every witness. The questions and answers were absolutely credible. The way answers were subtly shifted from original statements to achieve emphasis happens in every real life trial.
A reader best set aside the time needed to read the trial in a single session. It is Grisham at his best. The detailed build up on the trial preparation lets you anticipate witnesses. The emotions are raw. The trial decisions of the lawyers are agonizing as they analyze who to call or not call. There are unexpected questions.
For half the book there was an inexorable increase in anxiety over a pivotal witness whose evidence readers know will be shocking to the jury. I was so tempted to read ahead to see what happened but held back just barely.
There is a devastating answer by that witness that is so perfect I will remember it the rest of my days.
It is gripping and page turning. The ending may disappoint some but it is fitting.
Grisham, John – (2000) - The Brethren; (2001) - A Painted House; (2002) - The Summons; (2003) - The King of Torts; (2004) - The Last Juror; (2005) - The Runaway Jury; (2005) - The Broker; (2008) - The Appeal; (2009) - The Associate; (2011) - The Confession; (2011) - The Litigators; (2012) - "G" is for John Grisham - Part I and Part II; (2013) - The Racketeer; (2013) - Grisham's Lawyers; (2013) - Analyzing Grisham's Lawyers; (2013) - Sycamore Row; (2014) - Gray Mountain and Gray Mountain and Real Life Legal Aid; (2015) - Rogue Lawyer and Sebastian Rudd; (2016) - The Whistler; (2017) - Camino Island; (2017) - The Rooster Bar and Law Students and Integrity; (2019) - The Reckoning; (2019) - Cullen Post in The Guardians and The Guardians
Margot Kinberg January 8, 2021 at 9:23 PM
I do like Jake Brgance, Bill. It's good to know he's back in this novel, and the story does sound compelling. I like the idea of getting a look at Brigance's life as a rural lawyer, too. I find that 'behind the scenes' look interesting, and I can well imagine that Grisham did a fine job with the courtroom scenes, too. He does those very well, in my opinion. Not being a lawyer, I can't speak to their accuracy, but they're well-done.
Bill Selnes January 9, 2021 at 10:35 PM
Margot: Thanks for the comment. While Jake will never reach the status of Atticus Finch he is one of the best known fictional lawyers of our current era. I can tell Grisham has been in many courtrooms.


Home & Design Malls, bowling alleys and the places of our youth are disappearing. Where do we go for a nostalgic space?
Malls, bowling alleys and the places of our youth are disappearing. Where do we go for a nostalgic space?
Bowling alleys are the kind of spaces that can trigger nostalgia through their design.
Sometimes the simplest thing can quell what ails us. Ask any wellness aficionado and they'll tell you that grounding – the act of putting your bare feet in grass – can help to "nourish your soul" by connecting you with the earth's energy. It's deemed essential in today's hectic climate because the act can make you feel calmer (or at least less irritated), kind of like applying a soothing balm to something that's internally aching.
It might sound like New Age hooey, but the feel-good factor of immersion in a particular space is indeed real, and you don't have to look further than the idea of nostalgia for proof. It's likely not the Earth's energy you're feeling when you're barefoot – it's that you're remembering a lazy summer day that brought you much joy. That cozy pang you feel upon experiencing a space, personal or public, that holds special significance in your life story is irreplaceable and unique. Perhaps it's where you had your first kiss, or maybe it's where more run-of-the-mill experiences, such as after-school activities or errand-running with a beloved parent, occurred. These spots hold the key not only to memories, but what those memories conjure – sensations of safety, comfort, camaraderie and connection to those you held near and dear – and they're feelings that are sorely needed as we navigate through the seemingly endless "Sunday scaries" scenario our daily lives have become.
From global warming to political disillusionment to ghosting, the stressors we regularly encounter could be assuaged by a barefoot walk in the park – but not in February in Canada, of course. Instead, maybe your mind could be set at ease with a jaunt to the local library you frequented as a kid, or a quick cup of coffee in a random, moribund strip mall. For that's the beauty of nostalgia: It involves a confluence of triggers, from smells to sights, that can transmit the pleasant feelings you crave, even if there's no direct personal attachment to the space itself.
I discovered this after a final trip to Bathurst Bowlerama in Toronto, which opened in 1962 and closed last December. As my friends and I put on our deeply un-chic shoes in the familiar curved, coupled chairs someone remarked how comforting it was to be there. I had been thinking the same thing and it struck me as curious, since neither of us had grown up going to that particular bowling alley. We had each spent time in similar ones though, relics of suburban security and wholesomeness. The familiarity of the dismal lighting, rundown carpeting and un-designed snack bar was enough to engage the "reward system" of our brains, which regulates the positive sensations we experience during a nostalgic moment. Bathurst Bowlerama was suddenly every bowling alley we'd been to for a joyous birthday party or nerve-rackingly pleasurable teenaged date, except this time I was enjoying a rum and Coke instead of white sheet cake.
London's Brutalist Barbican Centre houses galleries, movie theatres and a performing-arts space.
Nicola Ferrao, the operations manager at Superflux – a future-oriented design studio in London's Somerset House – has encountered a similar revelation over the course of her time in the city, which she moved to from Toronto more than six years ago. When homesickness hits, Ferrao heads to the Barbican Centre, a stately example of Brutalist design that houses galleries, movie theatres and a performing-arts hall. "It was pretty immediate," she says of how quickly remembrance of a childhood spent in Ontario was evoked in the Barbican's retro-futuristic hallways. "The architecture and surfaces and textures reminded me very much of these seventies or eighties spaces – a lot of provincial spaces, libraries or [community centres]." In the Barbican's nooks and crannies, Ferrao didn't need to be a nine-year-old in Etobicoke to feel like one.
This phenomenon is peculiar but common, akin to how a painter only needs their palette and a canvas to concretely represent an idea. Marcel Danesi, a professor of semiotics and linguistic anthropology at the University of Toronto, says, "Everything we do is connected to memoria, as Giambattista Vico, my favourite philosopher said. Memoria is not memory in the psychological sense – it's our reconstruction of the past." Similar to imagination, this notion demonstrates the power of sensory stimulation and recall, and how we only need a few items (a smell, a shape, a colour) to allow an entire picture and its subsequent emotional reaction to emerge.
Danesi is the author of the recently published book Memes and the Future of Popular Culture, a work that explores how "meme culture" could bring about the end of pop culture – movie theatres, etc. – as we know it; he describes popular culture as "an experiment that may be coming to an end as we shift away from real spaces into virtual spaces." If you think about what nostalgia means to a millennial, he's on to something. Ferrao explains that the younger staff at Superflux have a twinge when it comes to older technology, much like she would catching a glimpse of shag carpeting or another symbol of a certain generation's collective youth. Those even younger, under 20, might not even know how to ascribe a parallel set of emotions to a tangibly familiar place as to an evocative one, as Ferrao has done with the Barbican.
Fortunately, a place such as the Barbican holds enough historical value to maintain its place in London's landscape, so visitors can mustre whatever feelings they need to feel at peace. The seemingly unremarkable spaces Ferrao, Danesi and I take note of are humbler and less important, doomed by the wrecking ball of time to be replaced by a condo (or even worse, a space that emulates a nostalgic space for twee reminiscence without the personal investment). These spots won't even be mourned in the same way kitschy Toronto department store Honest Ed's was when it finally closed in 2016, after almost 70 years in business. It was a public exercise that was ultimately a meditation on the availability of where we can derive brief moments of nostalgic bliss, at a time when we need that sensation more than ever.
Visit tgam.ca/newsletters to sign up for the weekly Style newsletter, your guide to fashion, design, entertaining, shopping and living well. And follow us on Instagram @globestyle.


text:
Jack Lyons - 4:30
Houston Livestock Show and Rodeo, Chairman of the Board
https://comcastnewsmakers.com/Videos/2015/03/03/jack-lyons
Houston Livestock Show and Rodeo Tuesday, March 3 - Sunday, March 22, 2015 832.667.1000 www.rodeohouston.com
Produced by: Houston Newsmakers Team
#Texas #Community
A Waterfront Renaissance in Morgantown
A Waterfront Renaissance in Morgantown - 5:27
City of Morgantown Deputy Mayor Jenny Selin discusses the waterfront renaissance going on in Morgantown. Eric Minor hosts. morgantownwv.gov
https://comcastnewsmakers.com/Videos/2018/9/18/Waterfront-Renaissance
Wheeling Heritage New Museum is a Legacy
Wheeling Heritage New Museum is a Legacy - 6:33
Wheeling Heritage Manager Travis Henline talks with host Sheila Hyland about a new museum being planned to honor Wheeling's rich history and heritage. wheelingheritage.org
https://comcastnewsmakers.com/Videos/2019/3/28/Wheeling-Heritage
Tax Relief Bills
Yolanda Vazquez talks with Maryland State Delegate from District 7, Lauren Arikan. They discuss the 2019 Legislative Session and how it's going so far this year. They also discuss AG Bill to protect 4H & Farm Fairs, and tax relief bills. For more information on Delegate Lauren Arikan, visit the General Assembly of Maryland website.
https://comcastnewsmakers.com/Videos/2019/2/13/Tax-Relief-Bills
Jill Horner speaks with US Representative Frank Pallone, Jr., from the United States Congress, about the Affordable Care Act. Interview recorded 2/11/19.
https://comcastnewsmakers.com/Videos/2019/2/12/NJ190211-1


We are Enrolling New ICT Classes: Don't Miss!!
The ICT Program at Ready for Reading has been structured to serve 4 classes with 12 students each per year. And more than 100 community members have graduated from the Program; 4 graduates got their dream jobs and 2 created their own ICT related businesses and one is advancing his studies abroad, all from the opportunities available at Rwinkwavu Community Library and Learning Canter.


is caused by infection with human immunodeficiency virus (HIV).
rid itself of the virus. The effect of the virus on the immune system leads to AIDS.
Casual, classroom, or household contact with an HIV-infected person poses no risk.
urine, and stool are not contagious unless there is visible blood in the fluid.
who have sexual contact with an infected person are at risk of acquiring the infection.
women, adults and teenagers can become infected with HIV.
HIV is transmitted from mother to infant during pregnancy, delivery, and breastfeeding.
an infected baby can be reduced to 1%.
with blood contact to intact skin (i.e., skin without cuts, scratches, or a rash).
with HIV, they do not function normally, and some cells are destroyed.
not specific to HIV infection since many viral infections cause similar symptoms.
at birth will have disease progression within 12 to 18 months of life.
and by memory loss and dementia in teens and adults.
that the person is not infected and usually does not require a follow-up test.
the virus (even though their antibody test is positive).
different anti-retroviral medications, taken by mouth, one to three times a day.
The complications of HIV infection are primarily related to immune dysfunction.
of partners and use condoms correctly every time they have sexual contact.
equipment), which may be contaminated by blood and have not been properly sterilized.
to reduce the chances of contact with the blood.
receive the preventative treatments if they are HIV positive.
how the body's immune defenses against HIV infection can be enhanced.
information about HIV that is related to children and youth.
Web site includes information about HIV that is written at a child's level.
and subspecialty training from the University of Colorado Health Sciences Center.


text:
quelquun-doit-mourir
Quelqu'un doit mourir (2021)
The story of Alguien tiene que morir begins when a young man, after being called by his parents, must return from Mexico to his home to meet his fiancée, but the people are surprised when he returns accompanied by Lazaro, a mysterious ballet dancer.
Everything happens in 1950's Spain, in a conservative and traditional society where appearances and family ties play a key role. Caro shows a new register with this new work, portraying a reality and a social problem from a very different point of view.
"Alguien tiene que morir is a wonderful challenge, my first project in Spain and the first outside comedy, which I was very nervous about. Having this cast is a dream came true and makes everything easier. I was very excited to start and now it's a reality," explains Manolo Caro.


What are the 3 E's of injury prevention? How can you Claim?
The epidemiologist Sue Baker founded the first 3 E's of injury prevention strategies. In a New York Times' article, Dr. Gary Smith said, "Sue is to injury prevention what Einstein was to theoretical physics." Of course, if the Einstein of Injury prevention strategies could maybe help us, it would be a good idea to take notes. So get your pen and notebook out as we explore the 3 first 'E's of injury prevention strategies.
This is what can maybe be termed 'baby proofing on a larger scale. 'For example, modifying the environment of areas such as old age homes where you could put rails in the bathroom. This is an unassertive type of system. It falls under the injury prevention strategies catalogue and ensures the maximum amount of safety for those in the area.
Penalizing companies and individuals who do not follow certain injury prevention policies is a great way to ensure safety. The fact that you can claim due to another party's negligence is a living example of this injury prevention strategy.
Education, that is important when it comes to injury prevention tips. This is by informing individuals as well as removing whatever misinformation they may have come across. An example is teaching kids to wear a seat belt.
You may be thinking, well it's all good and well that I know these injury prevention tips. Although, the question still is, can you claim? If these 3 injury prevention tip were not implemented due to the negligence of another party, then the answer to 'can you claim?' is yes. You may be able to make a personal injury claim and get the benefit of claims services. You should first seek medical attention as soon as possible. You should inform the police as well as your insurance company if that Is relevant. For example, a road accident would be a relevant injury. You should also gather as much evidence as possible. This includes taking down witness details, taking photographs, and writing a fresh record of the event. Getting in touch with legal claims services can also be helpful if it is a complex case. Use our portal to get in touch with professional claims services. You can also read Top 5 Personal Safety Tips to Prevent Personal Injury. This is if you are interested in more ways you can protect yourself and your family.


Prosperous woman Katrina Costello, whose documentary 'The Silver Branch' was nominated for an IFTA award, is embarking on a nationwide tour.
And the film will be shown in the Moat Theatre, Naas, on Sunday, October 14 at 7pm.
She revealed that the documentary is doing very well on the International Film Festival circuit, including winning the 'Top 10 Audience Award' at Hot Docs, one of the most prestigious festivals in north America.
"I am sure the Irish audience will love it too, if I can get them to the theatre to see it," she told the Leinster Leader.
The film will be shown in eight locations around the country. The most accessible spots for Kildare audiences will be the Moat Theatre and the IFI in Dublin from Friday, October 5 for one week.
The documentary is about the man who is the owner of the house in Father Ted, and yet his story is a far more serious one than Fr Ted's.
Patrick McCormack has his own fascinating story to tell and 'The Silver Branch' depicts the life and insights of this inimitable philosopher and poet and brings us a rare glimpse of a disappearing way of life with all its richness and roguery. McCormack is a fifth generation farmer in the austerely beautiful Burren in Co. Clare, longs to farm in the quiet pace his ascendants did.
He dedicates himself to "the ancestral song – the symphony of life we were born into" and has a simple wish - to live without fear. However, his life gains a different momentum when he's called to battle in the Supreme courts to decide on the fate of this iconic wilderness.
Though the documentary is centred around this remarkable storyteller and his search for 'unity of being', this beautifully shot film explores more universal themes.
It is a story of life, love, family, grief, of commitment and of the struggles of modern day life, which invites the viewer to follow in mindful meditation, to take a journey into the self and exam the relationship between man and landscape, between tradition and spirit, between body and soul.
'The Silver Branch' is by first time Director/Cinematographer Katrina Costello and is at The Moat Theatre, Naas for one night only on Sunday 14th October.


On behalf of client Smart Authentication IP, LLC, the firm has commenced patent infringement actions against the United Services Automobile Association, Evernote, LogMeIn, and MongoDB. The actions involve U.S. Patent No. 8,082,213 relating to multi-factor authentication.
On behalf of client LaserDynamics USA, LLC, the firm has commenced patent infringement actions against CD Video Manufacturing, Inc., Moser Baer India Ltd., Media Masters LLC, Ritek Corp., and Advanced Media, Inc. The actions involve U.S. Patent No's. 6,426,927; 6,529,469; and 7,116,629 relating to optical disc technology.
We are pleased to welcome Hanna G. Cohen as Patent Counsel to our firm. Hanna has a scientific background in pharmaceuticals and biotechnology. Hanna also has over 10 years of experience in the field of patent litigation, involving various technologies and scientific applications. Her other practice areas include transactional intellectual property matters. We look forward to working with Ms. Cohen.
On behalf of client Disk Authoring Technologies LLC, the firm has commenced a patent infringement action against Nero A.G. and Nero, Inc. The action involves U.S. Patent No's. 6,215,743 and 6,339,568 relating to optical disk recording and reproducing technologies.
On February 18, 2016, on behalf of client LaserDynamics USA, LLC, the firm commenced patent infringement actions against Deluxe Media, New Century Media, Precise-Full Service Media, and CMC Magnetics. The actions involve U.S. Patent No's. 6,426,927; 6,529,469; and 7,116,629 relating to optical disc technology.
On May 12, 2015, on behalf of client LaserDynamics USA, LLC, the firm commenced patent infringement actions against Vivid Entertainment LLC, Evil Angel Productions, Inc., and Echo Alpha, Inc. The actions involve U.S. Patent No's. 6,426,927, 6,529,469, and 7,116,629 relating to optical disk technology.
On March 5, 2015, on behalf of client LaserDynamics USA, LLC, the firm commenced a patent infringement action against Cinram Group, Inc. The action, entitled LaserDynamics USA, LLC v. Cinram Group, Inc. (C.A. 15-cv-1629) (SDNY), involved U.S. Patent No's. 6,426,927; 6,529,469; and 7,116,629 relating to optical disk technology.
On December 4, 2014, on behalf of client Disk Authoring Technologies LLC ("DAT"), the firm commenced a patent infringement action against Corel Corporation. The action, entitled Disk Authoring Technologies LLC v. Corel Corp., C.A. No. 14-cv-9583 (SDNY), involved U.S. Patent No's. 6,215,743 and 6,339,568 relating to optical disk recording and reproducing technologies.