text:
South Carolina Supreme Court
McCall v. Batson , 285 S.C. 243 ( 1985 )
285 S.C. 243 (1985) 329 S.E.2d 741
Jamie McCALL, by his Guardian ad Litem, Joan ANDREWS, Respondent,
Frankie BATSON and The School District of Greenville County, Appellants.
Supreme Court of South Carolina.
Heard October 16, 1984. Decided April 18, 1985.
*244 William M. Grant, Jr., and F. Matlock Elliott, both of Haynsworth, Perry, Bryant, Marion & Johnstone, of Greenville, for appellants.
Edward W. Miller, of Miller & Paschal of Greenville, for respondent.
Heard Oct. 16, 1984.
Decided April 18, 1985.
NESS, Justice:
Appellants Batson and the School District of Greenville demurred to the causes of action for negligence and intentional infliction of emotional distress asserting that the tort actions were barred by sovereign immunity. The trial court overruled the demurrers and we affirm. We hereby abolish the doctrine of sovereign immunity as set forth below.
Issues of novel impression ordinarily should not be resolved on demurrer. Hanselmann v. McCardle, 270 S.C. 367, 242 S.E. (2d) 421 (1978). The issue of sovereign immunity, however, has been fully developed by the parties and extensively addressed in prior decisions of this Court. Therefore, the reasoning of Hanselmann, supra, is inapplicable.
South Carolina formerly afforded immunity to both governmental and charitable entities. We eliminated the State's immunity from suit based upon its contractual obligations in Kinsey Construction Company Inc. v. S.C. Department of Mental Health, 272 S.C. 168, 249 S.E. (2d) 900 (1978). Thereafter, we abolished charitable immunity in Fitzer v. Greater Greenville South Carolina Young Men's Christian Association, 277 S.C. 1, 282 S.E. (2d) 230 (1981). This Court's view of the antiquated doctrine of sovereign immunity was foreshadowed *245 in the dissents in Boyce v. Lancaster County Natural Gas Authority, 266 S.C. 398 at 403, 223 S.E. (2d) 769 at 771 (1976) and Belue v. The City of Spartanburg, 276 S.C. 381 at 384, 280 S.E. (2d) 49 at 50 (1981).
The trend towards abolition of sovereign immunity in other jurisdictions was recognized by the South Carolina Court of Appeals in Shea v. State Department of Mental Retardation, 279 S.C. 604, 310 S.E. (2d) 819 (App. Ct. 1983). As noted in Shea, thirty-six other jurisdictions have abolished sovereign immunity in whole or in part — some judicially, some legislatively.
More than twenty years ago this Court noted that the doctrine had come under fire as being "archaic and outmoded." McKenzie v. City of Florence, 234 S.C. 428, 435, 108 S.E. (2d) 825, 828 (1959). The Court suggested that any change of the doctrine should come from the legislature. Id. The Court has expressly urged the legislature to address the rule. Copeland v. Housing Authority of Spartanburg, 282 S.C. 8, 316 S.E. (2d) 408 (1984); Belton v. Richland Memorial Hospital, 263 S.C. 446, 211 S.E. (2d) 241 (1975). The exceptions that have been carved out by the legislature reflect a scattered patchwork of sovereign liability that lacks continuity, logic or fairness.[1]
*246 Even in affirming the continued validity of the rule, the Court has heretofore expressed "serious reservations about the soundness and fairness of the doctrine." Belton v. Richland Memorial Hospital, 263 S.C. at 451, 211 S.E. (2d) 241.
It is not necessary to laboriously analyze the doctrine and its inequities. Few principles of modern law have been so uniformly criticized. See, Holytz v. Milwaukee, 17 Wis. (2d) 26, 115 N.W. (2d) 618 (Wis. 1962). Sovereign immunity can no longer be tolerated in this State.
We next consider how we can fairly and efficiently accomplish the abolition of sovereign immunity.
We hold the abrogation of the rule will not extend to legislative, judicial and executive acts by individuals acting in their official capacity. These discretionary activities cannot be controlled by threat or tort liability by members of the public who take issue with the decisions made by public officials. We expressly decline to allow tort liability for these discretionary acts. The exercise of discretion includes the right to be wrong.
The legislature may find it necessary to take some action to prepare the state and local subdivisions of government for their new tort liability. For that reason we delay the implementation of this decision to allow the legislature to address any problems or hardships created by the abrogation of sovereign immunity. Other states have recognized the potential problems and have abolished sovereign immunity prospectively.
We hereby abolish the doctrine of sovereign immunity as it applies to the state and all local subdivisions of the government, subject to the following limitations:
(1) Sovereign immunity will not bar recovery in this case;
(2) Sovereign immunity will not bar recovery in any case currently pending or in those filed on or before July 1, 1986, provided the defendant has liability insurance coverage. Recovery shall not exceed the limits of the liability insurance coverage.
(3) Sovereign immunity shall not apply to any case filed after July 1, 1986.
*247 (4) This opinion does not abolish the immunity which applies to all legislative, judicial and executive bodies and to public officials who are vested with discretionary authority, for action taken in their official capacities.
By this opinion, we expressly overrule all previous decisions of this Court which uphold sovereign immunity. See Appendix A.
Batson's remaining exception is without merit, and is affirmed pursuant to Supreme Court Rule 23.
We affirm and remand for trial in accordance with this opinion.
Affirmed and remanded.
HARWELL, J., concurs.
CHANDLER, J., concurs in separate opinion.
LITTLEJOHN, C.J., and GREGORY, J., dissenting.
While perhaps not a complete listing of all the cases affected by this decision, the following cases are overruled to the extent that they hold that an action may not be maintained against the State without its consent:
1. Copeland v. Housing Authority of Spartanburg, S.C., 282 S.C. 8, 316 S.E. (2d) 408 (1984).
2. Hanna v. McCain, 277 S.C. 419, 288 S.E. (2d) 810 (1982).
3. Reed v. Medlin, 276 S.C. 604, 281 S.E. (2d) 125 (1981).
4. McKenzie v. McKenzie, 276 S.C. 461, 279 S.E. (2d) 609 (1981).
5. Little v. City of Myrtle Beach, 276 S.C. 417, 279 S.E. (2d) 131 (1981).
6. Tucker v. Kershaw Cty. Sch. Dist., Etc., 276 S.C. 401, 279 S.E. (2d) 378 (1981).
7. Belue v. City of Spartanburg, 276 S.C. 381, 280 S.E. (2d) 49 (1981).
8. Watford v. S.C. Highway Dep't, 273 S.C. 463, 257 S.E. (2d) 229 (1979).
9. Teague v. Cherokee Cty. Memorial Hospital, 272 S.C. 403, 252 S.E. (2d) 296 (1979).
*248 10. Lyon v. City of Sumter, 272 S.C. 359, 252 S.E. (2d) 118 (1979).
11. Kinsey Constr. Co., Inc. v. S.C. Dep't of Mental Health, 272 S.C. 168, 249 S.E. (2d) 900 (1978).
12. Wright v. City of Charleston, 271 S.C. 515, 248 S.E. (2d) 480 (1978).
13. Roddey v. Lyle, 268 S.C. 424, 234 S.E. (2d) 236 (1977).
14. Boyce v. Lancaster County National Gas Authority, 266 S.C. 398, 223 S.E. (2d) 769 (1976).
15. Hazard v. S.C. State Highway Dep't, 264 S.C. 386, 215 S.E. (2d) 438 (1975).
16. Morris v. S.C. State Highway Dep't, 264 S.C. 369, 215 S.E. (2d) 430 (1975).
17. Truesdale v. S.C. Highway Dep't, 264 S.C. 221, 213 S.E. (2d) 740 (1975).
18. Belton v. Richland Memorial Hospital, 263 S.C. 446, 211 S.E. (2d) 241 (1975).
19. Graham v. Charleston County School Bd., 262 S.C. 314, 204 S.E. (2d) 384 (1974).
20. Harrison v. S.C. Tax Comm'n., 261 S.C. 302, 199 S.E. (2d) 763 (1973).
21. Division of General Services v. Ulmer, 256 S.C. 523, 183 S.E. (2d) 315 (1971).
22. Elmwood Cemetery Ass'n v. Wasson, 253 S.C. 76, 169 S.E. (2d) 148 (1969).
23. Vance v. S.C. Tax Comm'n, 249 S.C. 214, 153 S.E. (2d) 841 (1967).
24. Stanley v. S.C. State Highway Dep't, 249 S.C. 230, 153 S.E. (2d) 687 (1967).
25. Chilton v. City of Columbia, 247 S.C. 407, 147 S.E. (2d) 642 (1966).
26. Campbell v. S.C. State Highway Dep't, 244 S.C. 186, 135 S.E. (2d) 838 (1964).
27. Jones v. Jones, 243 S.C. 600, 135 S.E. (2d) 233 (1964).
28. Cochran v. City of Sumter, 242 S.C. 382, 131 S.E. (2d) 153 (1963).
29. Brazell v. City of Camden, 238 S.C. 580, 121 S.E. (2d) 221 (1961).
30. Hollifield v. Keller, 238 S.C. 584, 121 S.E. (2d) 213 (1961).
31. Pinkston v. Morrall, 236 S.C. 601, 115 S.E. (2d) 286 (1960).
*249 32. Moseley v. S.C. Highway Dep't, 236 S.C. 499, 115 S.E. (2d) 172 (1960).
33. Hinson v. A.T. Sistare Construction Co., 236 S.C. 125, 113 S.E. (2d) 341 (1960).
34. Furr v. City of Rock Hill, 235 S.C. 44, 109 S.E. (2d) 697 (1959).
35. McKenzie v. City of Florence, 234 S.C. 428, 108 S.E. (2d) 825 (1959).
36. Mullins Hospital v. Squires, 233 S.C. 186, 104 S.E. (2d) 161 (1958).
37. Clarke v. City of Greer, 231 S.C. 327, 98 S.E. (2d) 751 (1957).
38. Fairey v. City of Orangeburg, 227 S.C. 458, 88 S.E. (2d) 617 (1955).
39. Bell v. City of Anderson, 226 S.C. 145, 84 S.E. (2d) 343 (1954).
40. Hicks v. City of Columbia, 225, S.C. 553, 83 S.E. (2d) 199 (1954).
41. Hill v. City of Greenville, 223 S.C. 392, 76 S.E. (2d) 294 (1953).
42. Jeff Hunt Mach. Co. v. State Highway Dep't, 217 S.C. 423, 60 S.E. (2d) 859 (1950).
43. Rice Hope Plantation v. S.C. Pub. Ser. Auth., 216 S.C. 500, 59 S.E. (2d) 132 (1950).
44. Abernathy v. City of Columbia, 213 S.C. 68, 48 S.E. (2d) 585 (1948).
45. Sanders v. State Highway Dep't, 212 S.C. 224, 47 S.E. (2d) 306 (1948).
46. Prudential Ins. Co. v. Murphy, 207 S.C. 324, 35 S.E. (2d) 586 (1945).
47. Rushton v. S.C. State Highway Dep't, 207 S.C. 112, 34 S.E. (2d) 484 (1945).
48. Bell v. S.C. State Highway Dep't, 204 S.C. 462, 30 S.E. (2d) 65 (1944).
49. Athanas v. City of Spartanburg, 196 S.C. 19, 12 S.E. (2d) 39 (1941).
50. Gasque v. Town of Conway, 194 S.C. 15, 8 S.E. (2d) 871 (1940).
51. Brooks v. One Motor Bus, Etc., 190 S.C. 379, 3 S.E. (2d) 42 (1939).
52. Home Building & Loan Ass'n v. City of Spartanburg, 185 S.C. 353, 194 S.E. 143 (1937).
*250 53. Cooper v. S.C. Highway Dep't, 183 S.C. 155, 190 S.E. 499 (1937).
54. Jennings v. Sawyer, 182 S.C. 427, 189 S.E. 746 (1937).
55. Singleton v. City of Sumter, 180 S.C. 536, 186 S.E. 535 (1936).
56. Bomar v. City of Spartanburg, 181 S.C. 453, 187 S.E. 921 (1936).
57. Sheriff v. City of Easley, 178 S.C. 504, 183 S.E. 311 (1936).
58. Harris v. Fulp, 178 S.C. 332, 183 S.E. 158 (1935).
59. Argent Lumber Co. v. Query, 178 S.C. 1, 182 S.E. 93 (1935).
60. Terrell v. City of Orangeburg, 176 S.C. 518, 180 S.E. 670 (1935).
61. Jackson v. City of Columbia, 174 S.C. 208, 177 S.E. 158 (1934).
62. Federal Land Bank v. State Highway Dep't, 172 S.C. 174, 173 S.E. 284 (1934).
63. Looper v. City of Easley, 172 S.C. 11, 172 S.E. 705 (1934).
64. Sherbert v. School Dist. No. 85, Spartanburg County, 169 S.C. 191, 168 S.E. 391 (1933).
65. Davis v. City of Greenville, 168 S.C. 476, 167 S.E. 682 (1933).
66. Reeves v. City of Easley, 167 S.C. 231, 166 S.E. 120 (1932).
67. Baker v. State Highway Dep't, 166 S.C. 481, 165 S.E. 197 (1932).
68. Owens v. State Highway Dep't, 165 S.C. 180, 163 S.E. 473 (1932).
69. Sawyer v. State Highway Dep't, 164 S.C. 53, 161 S.E. 883 (1932).
70. Ancrum v. State Highway Dep't, 162 S.C. 504, 161 S.E. 98 (1931).
71. Chick Springs Water Co. v. State Highway Dep't, 159 S.C. 481, 157 S.E. 842 (1931).
72. Fann v. State Highway Dep't, 155 S.C. 219, 152 S.E. 429 (1930).
73. United States Casually Co. v. State Highway Dep't, 155 S.C. 77, 151 S.E. 887 (1930).
74. Oswald v. City of Orangeburg, 154 S.C. 105, 151 S.E. 230 (1930).
*251 75. Randal v. State Highway Dep't, 150 S.C. 302, 148 S.E. 57 (1929).
76. Monarch Mills v. S.C. Tax Comm'n, 149 S.C. 219, 146 S.E. 870 (1929).
77. Stewart v. City Council of Charleston, 134 S.C. 398, 132 S.E. 678 (1926).
78. Sirrine v. State, 132 S.C. 241, 128 S.E. 172 (1925).
79. Morrah v. Dr. John De La Howe Industrial School, 120 S.C. 197, 113 S.E. 70 (1922).
80. Gilchrist v. City Council of Charleston, 115 S.C. 367, 105 S.E. 741 (1921).
81. Mullinax v. Hambright, 115 S.C. 22, 104 S.E. 309 (1920).
82. Triplett v. City of Columbia, 111 S.C. 7, 96 S.E. 675 (1918).
83. Parrish v. Town of Yorkville, 96 S.C. 24, 79 S.E. 635 (1913).
84. Irvine v. Town of Greenville, 89 S.C. 511, 72 S.E. 228 (1911).
85. Carolina Glass Co. v. State, 87 S.C. 270, 69 S.E. 391 (1910).
86. Scott v. Richland County, 83 S.C. 506, 65 S.E. 729 (1909).
87. Heape v. Berkeley County, 80 S.C. 32, 61 S.E. 203 (1908).
88. State ex rel. Lyon v. Murray, 79 S.C. 316, 60 S.E. 928 (1908), aff'd 213 U.S. 174, 29 S. Ct. 465, 53 L. Ed. 752 (1909).
89. Hopkins v. College, 77 S.C. 12, 57 S.E. 551 (1907), rev'd, 221 U.S. 636, 55 L. Ed. 890, 31 S. Ct. 654 (1911).
90. Bryant v. City Council, 70 S.C. 137, 49 S.E. 229 (1904).
91. Matheny v. City of Aiken, 68 S.C. 163, 47 S.E. 56 (1904).
92. Bramlett v. City of Laurens, 58 S.C. 60, 36 S.E. 444 (1900).
93. Pool v. Evans, 57 S.C. 78, 35 S.E. 436 (1900).
94. Butler v. Ellerbe, 44 S.C. 256, 22 S.E. 425 (1895).
95. Parks v. City Council, 44 S.C. 168, 21 S.E. 540 (1985).
96. Cope v. Hampton County, 42 S.C. 17, 19 S.E. 1018 (1894).
97. Walker v. Chester County, 40 S.C. 342, 18 S.E. 936 (1894).
98. Hill v. Laurens County, 34 S.C. 141, 13 S.E. 318 (1891).
*252 99. All v. Barnwell County, 29 S.C. 161, 7 S.E. 58 (1888).
100. Chapman v. City Council, 28 S.C. 373, 6 S.E. 158 (1887).
101. Chick v. Newberry County, 27 S.C. 419, 3 S.E. 787 (1887).
102. Lowery v. Thompson, 25 S.C. 416, 1 S.E. 141 (1886).
103. Jennings v. Abbeville County, 24 S.C. 543 (1886).
104. Whaley v. Gaillard, 21 S.C. 560 (1884), dismissed, 127 U.S. 216, 8 S. Ct. 1053, 32 L. Ed. 125 (1888).
105. Gibbes v. Town Council of Beaufort, 20 S.C. 213 (1883).
106. Young v. City Council of Charleston, 20 S.C. 116 (1883).
107. Black v. City of Columbia, 19 S.C. 412 (1883).
108. State v. Corbin & Stone, 16 S.C. 533 (1881).
109. Coleman v. Chester, 14 S.C. 286 (1880).
110. State v. Baldwin, 14 S.C. 135 (1880).
111. Ex Parte Dunn, 8 S.C. 207 (1875).
112. Dabney, Morgan & Co. v. Bank of the State, 3 S.C. 124 (1871), aff'd, 86 U.S. 1, 19 Wall. 1, 22 L. Ed. 90 (1874).
113. Hammarkskold v. Bull, 43 S.C.L. (9 Rich.) 474 (1856).
114. McKenzie v. Chovin, 26 S.C.L. (1 McMul.) 222 (1841).
115. White v. City Council of Charleston, 20 S.C.L. (2 Hill) 571 (1835).
116. Treasurers of S.C. v. Sureties of William Hilliard, 42 S.C.L. (8 Rich.) 412 (1832).
117. Treasurers v. Cleary, 37 S.C.L. (3 Rich.) 372 (1832).
118. Young v. Commissioner of Roads, 11 S.C.L. (2 Nott & McC.) 537 (1820).
119. Newberry v. Georgia Dep't of Industry and Trade, ___ S.C. ___, 322 S.E. (2d) 212 (S.C. App. 1984).
120. Carrington v. City of Spartanburg, ___ S.C. ___, 322 S.E. (2d) 28 (S.C. App. 1984).
121. Shea v. State Dep't of Mental Retardation, 279 S.C. 604, 310 S.E. (2d) 819 (S.C. App. 1983).
122. Toney v. S.C. Dep't of Education, 279 S.C. 484, 309 S.E. (2d) 773 (S.C. App. 1983).
CHANDLER, Justice (concurring in the opinion of Justice NESS):
I concur in full, but make additional comment I consider appropriate to abrogation of the long standing doctrine of sovereign immunity in South Carolina.
*253 ORIGIN OF THE DOCTRINE
Sovereign immunity is a court-created doctrine which was first applied in England in the 1788 case of Russell v. Men of Devon, 2 T.R. 667, 100 Eng. Rep. 359. In Men of Devon an injury sustained by a citizen through negligence of a county employee was held to be not actionable. While the court observed, "it is better that an individual should sustain an injury than the public suffer an inconvenience," this landmark decision has been more often cited for its holding that, "The king can do no wrong."
It is anomalous that Men of Devon, supra, should become the law of states which only 12 years earlier fought for liberation from wrongs of the king.
Although many reasons for the doctrine's adoption in this country have been advanced, the most cogent explanation is that following the Revolutionary War, the new states were financially unable to respond in damages to meritorious claims based upon negligence in their governmental activities. Boyce v. Lancaster County Natural Gas Authority, 266 S.C. 398, 405, 223 S.E. (2d) 769 (1976) (Ness, J., dissenting); Mayle v. Pennsylvania Dept. of Highways, 479 Pa. 384, 388 A. (2d) 709, 712 (1978).
For whatever the reasons, sovereign immunity remained the law of the states from its initial application in the 1812 Massachusetts case of Mower v. Leicester, 9 Mass. 247, until its abrogation in 1957 by the Supreme Court of Florida in Hargrove v. Town of Cocoa Beach, 96 So. (2d) 130 (Fla. 1957).
PREVAILING VIEW OF THE DOCTRINE TODAY
It is doubtful that any other tenet in American jurisprudence has been so broadly assailed as the doctrine of governmental immunity. It has been condemned on many grounds in court opinions and by legal scholars alike. Holytz v. City of Milwaukee, 17 Wis. (2d) 26, 115 N.W. (2d) 618, 621 (1962).
The doctrine has been sharply criticized by courts throughout the country, including a minority of our Court, as an anathma to the legal precept that liability follows tortious conduct, that one who negligently causes harm should respond in damages. Molitor v. Kaneland Community Unit District No. 302, 18 Ill. (2d) 11, 163 N.E. (2d) 89, 93, 86 *254 A.L.R. (2d) 469, 476 (1959); Belue v. City of Spartanburg, 276 S.C. 381, 388, 280 S.E. (2d) 49 (1981) (Ness, J., dissenting).
Since its abrogation in Hargrove, supra, there has been a dramatic national trend toward repudiation of the doctrine. As pointed out by the South Carolina Court of Appeals in Shea v. State Department of Mental Retardation, 279 S.C. 604, 310 S.E. (2d) 819 (App. Ct. 1983), courts in 36 jurisdictions have abolished portions of sovereign immunity.
Quotations from the opinions of all state court decisions abolishing sovereign immunity would be enlightening, but too lengthy. A brief citation of language from representative opinions suffices to illuminate the general disfavor in which the doctrine is viewed.
"Whatever justification ever existed for the doctrine that the Commonwealth is immune from liability for tortious conduct unless the Legislature has consented to suit, the doctrine's day has long since passed." Mayle v. Pennsylvania Dept. of Highways, 388 A. (2d) 709 (Pa. 1978).
"If there is anything more than a sham to our constitutional guaranty that the courts shall always be open to redress wrongs and to our sense of justice that there shall be a remedy for every wrong committed, then certainly this basis for the rule cannot be supported." Hargrove, supra, at 132.
"While we are not compelled to follow the example of other courts, we are persuaded by their logic and adopt their conclusion. One of the paramount interests of the members of an organized civilized society is that they be afforded protection against harm to their persons, properties and characters." Nieting v. Blondell, 306 Minn. 122, 235 N.W. (2d) 597, 602 (1975).
"It is plainly unjust to refuse relief to persons injured by the wrong conduct of the State. No one seems to defend that refusal as fair. There has been a steady movement away from immunity." Willis v. Dept. of Conservation and Economic Development, 55 N.J. 534, 264 A. (2d) 34, 36 (1970).
Perhaps the most candid, plain-spoken criticism of the doctrine is that in an Illinois decision involving, as here, the alleged negligence of a school district employee:
*255 It is a basic concept underlying the whole law of torts today that liability follows negligence, and that individuals and corporations are responsible for the negligence of their agents and employees acting in the course of their employment. The doctrine of governmental immunity runs directly counter to that basic concept. What reasons, then, are so impelling as to allow a school district, as a quasi-municipal corporation, to commit a wrong-doing without any responsibility to its victims, while any individual or private corporation would be called to task in court for such tortious conduct?
Molitor v. Kaneland Community Unit District No. 302, 18 Ill. (2d) 11, 163 N.E. (2d) 89, 93 (Ill. 1959).
SOVEREIGN IMMUNITY IN SOUTH CAROLINA
The doctrine was first applied in South Carolina in the 1820 case of Young v. Commissioners of Roads, 2 Nott and Mc. 537, 11 S.C.L. 215. Citing Men of Devon, supra, as its precedent authority the court denied recovery to a plaintiff who suffered property damages to his wagon and horses from a defective bridge maintained by the Edgefield district.
In the ensuing 165 years all torts inflicted by the negligence of state, county and municipal governments, including their colleges, hospitals, recreational parks, etc., have been immune from liability, except as legislatively provided in a miniscule number of statutes.
The majority opinion sets out those decisions of our Court since 1959 which chart the recent course of both sovereign and charitable immunity in South Carolina. Our holding today follows an established national pattern that the state which abolishes charitable immunity soon thereafter abrogates sovereign immunity. While the two immunities have retained their separate identities, they are closely kindred doctrines and exist to the same ends.
THE DOCTRINE v. STARE DECISIS
No rule is more deeply inbedded in Anglo-American decisional law than stare decisis, nor has any rule been more responsible for perpetuating sovereign immunity.
*256 Meaning literally "to stand by decisions" it has for its object the salutary effect of certainty and stability in law. People v. Gravenhorst, 32 N.Y.S. (2d) 760, 773 (1942).
While it is a sound principle and has been adhered to by this Court, it is not a rule from which no variance should ever be had.
Stare decisis is not intended to bring about a "petrifying rigidity" but, rather, to insure a quality of justice which results from certainty and stability. Brown v. Anderson County Hospital Assn., 268 S.C. 479, 486, 234 S.E. (2d) 873 (1977).
In 1980 our Court abolished parental immunity, notwithstanding stare decisis. "While this court adheres to the principle of stare decisis, it should not be applied to `effect a petrifying rigidity' in common law." Elam v. Elam, 275 S.C. 132, 137, 268 S.E. (2d) 109 (1980).
In abolishing charitable immunity, we stated, "A rule which no longer serves a legitimate purpose should not be followed solely because of a dogged adherence to stare decisis. Stare decisis should be used to foster stability and certainty in the law, but not to perpetuate error and injustice." Fitzer v. Young Men's Christian Association, 277 S.C. 1, 4 282 S.E. (2d) 230 (1981).
SOVEREIGN IMMUNITY: A LEGISLATIVE MATTER?
Aside from stare decisis the most persistent argument made for preserving sovereign immunity is that the doctrine has become a part of the public policy of the state and, accordingly, can be abolished by the legislature only. McKenzie v. City of Florence, 234 S.C. 428, 434, 436, 108 S.E. (2d) 825 (1959).
"If the law is to be changed, such change should come from the legislature." Copeland v. The Housing Authority of Spartanburg, S.C., 282 S.C. 8, 9, 316 S.E. (2d) 408 (1984).
This reasoning is curious in light of the unchallenged fact that the doctrine of sovereign immunity is court-created. It places upon the legislature, exclusively, the burden to correct an injustice not of legislative making.
No doubt the legislature is empowered to act, there being no constitutional issue involved. Hopefully, even now, the General Assembly will act, and by the effective date provisions *257 set out in the majority opinion, may do so prior to this decision's becoming law.
Indeed, now pending in the judiciary committees of both Houses of the General Assembly are comprehensive Tort Claims Bills[1] which address the wrongs and inequities of sovereign immunity.
Many state courts have reproached the legislative branch for its failure to abolish or modify the doctrine. I find this viewpoint misplaced.
In South Carolina, with the exceptions of this Court's modification of charitable immunity in Brown v. Anderson County Hospital Assn., 268 S.C. 479, 234 S.E. (2d) 873 (1973), followed by total abrogation in Fitzer, supra, all steps taken to moderate the harshness of charitable or sovereign immunity prior to today have been legislative. Admittedly, as pointed out in the majority opinion, the exceptions carved out by the legislature constitute a patchwork, and are inadequate and inconsistent.[2] However, I perceive them as good *258 faith efforts to correct in part what this decision corrects in full.
The doctrine, being court-created, may be court-abrogated.
"We closed our courtroom doors without legislative help, we can likewise open them." Boyce, supra, 266 S.C. at 406, 223 S.E. (2d) 769, citing Pierce v. Yakima Valley Memorial Hospital, 43 Wash. (2d) 162, 260 P. (2d) 765, 774 (1953) (dealing with charitable immunity) (Ness, J., dissenting).
"Surely it cannot be urged successfully that an outmoded, inequitable, and artificial curtailment of a general rule of action credited by the judicial branch of the government cannot or should not be removed by its creator." Holytz v. City of Milwaukee, 17 Wis. (2d) 26, 115 N.W. (2d) 618, 624 (Wis. 1962) (Emphasis supplied).
SOVEREIGN IMMUNITY: NO LONGER TENABLE
Our decision today is a natural response to history's postulate that the laws which govern society must be rational to the conditions of their times.
If it be conceded that financial instability of the new states in early days of the republic was good sufficient reason for adoption of the doctrine, that reason has long since expired.
A doctrine which issues from the maxim, "the king can do no wrong," is antagonistic to American democracy and, now that whatever may have justified its adoption has passed, should be abolished.
From my extensive review of case law decisions throughout the United States I conclude that, with little exception, perpetration of the doctrine is defended upon the grounds only of stare decisis, and that it is a matter for the legislature. This is understandable, as no substantive basis for preserving sovereign immunity any longer remains.
In respect of changing conditions, the financial ability of states to meet their obligations is now established. Beyond that, awesome technological advances have placed in the hands of governmental agents and employees machines and implements unknown in colonial days.
Judicial notice is taken that the automobile daily inflicts *259 injury and death. Other motorized vehicles and mechanical devices, too numerous to recite here, constitute a hazard to the safety of innocent citizens when negligently operated.
In short, the relative propensity for harm from tortious conduct of the government today and at the time of the doctrine's adoption are in stark contrast.
It is no less than incredible that a government which addresses the needs of its indigent through programs involving millions of tax revenue dollars, and properly so, should turn a deaf ear to those others of its citizens who, through no fault of their own, are victims of governmental torts.
Even if direct dollars from public funds were required to underwrite governmental liability in tort, the obligation should be met. However, the injustice of further perpetuating sovereign immunity is exacerbated by the availability today of liability insurance. This mechanism, whose premiums are miniscule when compared to overall governmental expenditures, has served to manage the costs assessed against private individuals and corporations by reason of their liability.
Under sufferance of sovereign immunity countless innocent members of the general society have braved human suffering, sustained property loss and undergone financial chaos without redress.
This is a travesty, exceeded only by the irony that the doctrine has long been removed from the law of England, who gave it birth.
LITTLEJOHN, Chief Judge, dissenting:
I respectfully dissent and would reverse the order of the Special Circuit Judge.
Today this Court by a bare majority vote upsets the well-established law and makes vulnerable to suit hundreds, if not thousands, of governmental entities which have heretofore been protected by the doctrine of sovereign immunity. The extent to which the doctrine is well-rooted is evidenced by the 122 cases enumerated in the majority opinion which will today be overturned. In my opinion, a matter of broad public policy is involved which should, under the separation *260 of powers, be left to the legislative body.
Today the Court invades the province of another branch of government. If the law is to be changed, it should be altered after the Legislature, with the aid of drafting bureaus, study commissions and the like, has given wide attention to the many ramifications which the Court from its ivory tower cannot perceive.
The fact that the Legislature has not taken the action which the Court today takes evidences its satisfaction with the rule of law applicable heretofore.
The Courts are often encouraged to delve into new matters on the theory that the Legislature should have acted and has not. I would exercise judicial restraint and leave the law unchanged with such time as the representatives of the people in the legislative halls speak.
GREGORY, Justice, dissenting:
I too dissent. This Court, through long established precedent cited by the majority, has consistently upheld the doctrine of sovereign immunity. Today's opinion departs from our prior decisions which hold any abrogation of the doctrine should be effected by the legislature.
Especially compelling is the comprehensive State Tort Claims Act presently pending before the General Assembly. Much study and planning have gone into the preparation of the Act which seeks an orderly abrogation of the doctrine. I agree the doctrine should be abrogated; however, I would defer to the wisdom of the legislature, firmly believing they are best suited to determine appropriate timing and limitations of any abrogation of the doctrine of sovereign immunity.
[1] Senate Bill 283
NOTE: In the title of H. 2813, a 1984 predecessor Tort Claims Bill, the authors recognized the doctrine's unsoundness:
[W]hereas, the General Assembly of the State of South Carolina recognizes the merit in the modern tendency to restrict rather than to extend the application of the Doctrine of Sovereign Immunity; and
Whereas, the relationship between the government and its people has changed dramatically in the twentieth century and government has become involved in an ever-increasing number of services; and
Whereas, it is a sound principle of law that one who negligently causes injury must respond in damages; and
Whereas, public convenience can no longer outweigh the necessity for individual compensation for injuries sustained through the negligence of its government; and
Whereas, the General Assembly finds that it is in the best interest of the people of South Carolina that a governmental tort claims act be enacted and that the State waive its immunity for liability in tort inactions [sic] involving the proprietary functions of the State and consent to have his liability determined in accordance with the same rules as are applied to actions against individuals or corporations, subject to the provisions and limitations of this act. Now, therefore,...
[1] The State's liability for personal injuries resulting from negligently maintained highways, bridges, ferrys etc. is limited to $5,000 on a county maintained road. The same injury on a municipality maintained road allows recovery up to $15,000. S.C. Code Ann. §§ 57-5-810-860 (1976); § 5-7-70 (1976).
[2] LIMIT OF LIMIT OF DAMAGES DAMAGES (Personal (Property STATUTE RELATING TO Injury) Loss) § 57-5-1810 State Highway Defects $ 8,000.00 $ 3,000.00 XX-XX-XXX County Highway Defects 5,000.00 1,000.00 5-7-70 Municipal Highway Defects 15,000.00 5,000.00 5-7-70 Municipal Mismanagement, Generally 15,000.00 5,000.00 XX-XX-XXX All Govt.-Operated Mtr. Vehicles 30,000.00 5,000.00 XX-XX-XXX Rural Electrification Authority 4,000.00 1,500.00 6-23-310 Joint Municipal Electrical Power Agencies IMMUNITY WAIVED AND WITHDRAWN
NOTE: The inconsistency in legislative efforts to moderate the harshness of sovereign immunity is highlighted by the gross disparity of allowable damages in the highway defect statutes. In an actionable case, the person injured may recover up to $5,000.00 if the highway is owned by the County of Richland, $8,000.00 if owned by the State of South Carolina, and $15,000.00 if owned by the City of Columbia. Finally, if the injury-producing defect is located on government property any distance beyond the highway right-of-way, there can be no recovery. Moreover, as to municipalities only, recovery is also allowed ". . . by reason of a defect or mismanagement of anything under control of the corporation. . . ." [Emphasis supplied.]
DocketNumber: 22290
Citation Numbers: 285 S.C. 243, 329 S.E.2d 741
Judges: Ness
Barings v. Dabney , 86 U.S. 1 ( 1874 )
De Saussure v. Gaillard , 127 U.S. 216 ( 1888 )
W. J. Murray, John McSween and Avery Patton, as the State ... , 213 U.S. 174 ( 1909 )
Hopkins v. Clemson , 221 U.S. 636 ( 1911 )
Rice Hope Plantation v. SC Pub. Ser. Auth. , 216 S.C. 500 ( 1950 )
Chilton v. City of Columbia , 247 S.C. 407 ( 1966 )
Shea v. State , 279 S.C. 604 ( 1983 )
Lyon v. City of Sumter , 272 S.C. 359 ( 1979 )
McKenzie v. CITY OF FLORENCE , 234 S.C. 428 ( 1959 )
Graham v. Charleston County School Bd. , 262 S.C. 314 ( 1974 )
Hanselmann v. McCardle , 270 S.C. 367 ( 1978 )
Hicks v. City of Columbia , 225 S.C. 553 ( 1954 )
Brown v. Anderson County Hospital Ass'n , 268 S.C. 479 ( 1977 )
Elam v. Elam , 275 S.C. 132 ( 1980 )
Furr v. City of Rock Hill , 235 S.C. 44 ( 1959 )
Reed v. Medlin , 276 S.C. 604 ( 1981 )
Bell v. City of Anderson , 226 S.C. 145 ( 1954 )
Belue v. City of Spartanburg , 276 S.C. 381 ( 1981 )
Jones v. Jones , 261 N.C. 612 ( 1964 )
Carrington v. THE CITY OF SPARTANBURG , 283 S.C. 298 ( 1984 )
Dorn v. The Town of Prosperity ( 2010 )
l-boyd-stoddard-barry-t-terry-and-sara-m-mcdonald-v-western-carolina , 784 F.2d 1200 ( 1986 )
jimmy-hines-dba-hines-nursery-v-ibg-international-inc-roper , 813 F.2d 1331 ( 1987 )
j-gary-dilaura-individually-and-as-president-of-waterfront-homeowners , 982 F.2d 73 ( 1992 )
william-white-frances-white-bill-white-enterprises-inc-v-county-of , 985 F.2d 168 ( 1993 )
Donaca v. CURRY CTY. , 714 P.2d 265 ( 1986 )
Proctor v. DEPT. OF HEALTH , 368 S.C. 279 ( 2006 )
Calcaterra v. City of Columbia , 432 S.E.2d 498 ( 1993 )
Lee v. DEPT. OF NATURAL RESOURCES , 339 S.C. 463 ( 2000 )
State v. One Coin-Operated Video Game MacH. , 467 S.E.2d 443 ( 1996 )
Piedmont Public Service Dist. v. Cowart , 459 S.E.2d 876 ( 1995 )
Staubes v. City of Folly Beach , 331 S.C. 192 ( 1998 )
Searcy v. SC DEPT. OF EDUCATION , 303 S.C. 544 ( 1991 )
Beckham v. Short , 294 S.C. 415 ( 1988 )
Murphy v. Richland Memorial Hosp. , 455 S.E.2d 688 ( 1995 )
Town of Winnsboro v. Wiedeman-Singleton, Inc. , 303 S.C. 52 ( 1990 )
Ferrell v. Department of Transportation , 334 N.C. 650 ( 1993 )
Bowen v. US Capital Corp. , 295 S.C. 201 ( 1988 )
Collins v. Sigmon , 299 S.C. 464 ( 1989 )
Tanner v. FLORENCE CITY-COUNTY BLDG. COM'N , 333 S.C. 549 ( 1999 )


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redpajama_set_name: RedPajamaGithub


 Best Price on Farallones Hotel in Chinandega + Reviews!
Offering outdoor swimming pool and à la carte restaurant, Farallones Hotel is located 1.2 mi from Chinandega main square. Free Wi-Fi access is available in all areas. The rooms here will provide you with a TV and air conditioning. There is also a coffee machine, and featuring a bath or shower, the private bathrooms also come with free toiletries. At Farallones Hotel you will find a 24-hour front desk, a garden and a terrace. Other facilities offered include a nightclub, meeting facilities and a children's playground. This property is 0.8 mi from Chinandega Market and 4.3 mi from El Viejo town. Managua International Airport is 2 hours' drive away.


text:
Louder Together we're Louder
Maynard vs Bieber
Sharon explains Ozzy no-show
New Greta Van Fleet
Guitar firm Gibson files for bankruptcy
By Scott Munro (Louder) 2018-05-02T13:20:18.121Z Louder
Iconic guitar manufacturer Gibson announces restructure plans and will now concentrate on instruments in a bid to "assure the company's long-term stability and financial health"
(Image credit: Rick Diamond - Getty)
Guitar firm Gibson Brands has filed for Chapter 11 bankruptcy protection in the US as the company battles up to an estimated $500 million of debt.
As a result, the Nashville-based firm have announced restructure plans that will see them wind down their consumer audio and home entertainment business and concentrate on musical instruments.
Music Radar report that the restructure plans will give lenders equal ownership of a new company and replace current stockholders, including CEO Henry Juszkiewicz, who will remain in position during the change of control.
A statement reads: "Gibson will emerge from Chapter 11 with working capital financing, materially less debt, and a leaner and stronger musical instruments-focused platform that will allow the company and all of its employees, vendors, customers and other critical stakeholders to succeed."
Juszkiewicz adds: "Over the past 12 months, we have made substantial strides through an operational restructuring. We have sold non-core brands, increased earnings, and reduced working capital demands.
"The decision to re-focus on our core business, musical instruments, combined with the significant support from our noteholders, we believe will assure the company's long-term stability and financial health.
"Importantly, this process will be virtually invisible to customers, all of whom can continue to rely on Gibson to provide unparalleled products and customer service."
A federal judge will have to approve the plans, with reports indicating that 69% of the company's secured lenders support the move.
Gibson's iconic guitars have been used by artists including Slash, Jimmy Page, B.B. King, Dave Grohl, Angus Young, Joe Bonamassa, Sylvain Sylvain and Johnny Thunders.
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redpajama_set_name: RedPajamaCommonCrawl


IWAS in Manchester earlier this week and went to see Lord Heseltine as part of a University of Manchester popular politics week.
Earlier in the day, George Osborne had announced a plan for an elected mayor for Greater Manchester, finally solving a problem his heroine Thatcher created three decades earlier.
Heseltine's original title was 'The Forgotten People' based upon his 2010 report on opportunities for English devolution. And hearing him speak, I wondered if he felt that Osborne had stolen his thunder.
He was right to feel slightly aggrieved. He was one of the very few Conservative politicians campaigning for a better deal for Liverpool in the 1980s, sparked by his first-hand experiences of the city's parlous state in the wake of inner city riots under his watch.
As a 'One Nation' Tory, he even spent 18 months reflecting on how the Conservative government could improve people's lives on eternally-Labour voting Merseyside.
He was beaming with pride on Monday with what he'd achieved, and rightly so. To me, as a North Shields lad, I see today's regeneration of our town follows the trajectory he set off with two of his brainchildren, the Urban Development Corporations, and City Challenge.
You could sense in his soaring voice that he was proud of helping local government of all political hues to find new ways of working together.
There was even a twinkle in his eye when he told of his pride in local authorities in 'his' Liverpool being the first to sign 'city agreements' with the Coalition government.
But what struck me as even strange in the speech was that there were whole sections that just didn't seem to fit. He seemed confused whether 19th century slum clearance and sanitation was a waste of entrepreneurs' money or a price worth paying for a liveable, dynamic city.
Publication information: Article title: IWAS in Manchester Earlier This [...]. Contributors: Not available. Newspaper title: The Journal (Newcastle, England). Publication date: November 6, 2014. Page number: 18. © MGN Ltd. COPYRIGHT 2014 Gale Group.


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Tag: Johns Hopkins
Glacier Bay National Park: Johns Hopkins Glacier
On December 23, 2022 October 30, 2022 By nationalparkswithtIn Alaska14 Comments
Glacier Bay National Park and Preserve covers 3.2 million acres of marine ecosystems in Southeast Alaska, including the Johns Hopkins Glacier. President Calvin Coolidge proclaimed the area around Glacier Bay a national monument under the Antiquities Act on February 26, 1925. President Jimmy Carter expanded it in 1978.
The Alaska National Interest Lands Conservation Act enlarged the national monument again on December 2, 1980 and created the National Park and Preserve. Of the 3.2 million acres, 2.7 million are a designated wilderness area. A portion of the Preserve allows for commercial fishing and hunting and subsistence uses for the Tlingit community.
Glacier Bay became part of a binational UNESCO World Heritage Site in 1979. Our cruise ship entered the bay at Icy Strait. In 1794, the Vancouver Expedition attempted to enter at this point and found the channel entirely covered by one large tidewater glacier. In 1879, John Muir found the ice had retreated 48 miles up the bay.
Two rangers transferred onto the NCL Jewel from a National Park Service boat at the mouth of the bay. They narrated our day-long journey up the bay past several tidewater glaciers. At times, we could see the Ruby Princess keeping pace with us, but for most of the day we sailed alone through the gorgeous icy scenery.
Johns Hopkins Glacier►
Glacier Bay National Park protects over one thousand glaciers. Of those, seven are tidewater glaciers. Four of the tidewater glaciers calve icebergs into the bay.
We spent time near four of the tidewater glaciers: Lamplugh Glacier, Johns Hopkins Glacier, Margerie Glacier and Grand Pacific Glacier. We had a clear sunny day and enjoyed viewing the scenery from the top deck while drinking hot chocolate. After Lamplugh Glacier, we sailed around Jaw Point into the Johns Hopkins Inlet.
The view into the inlet is stunning. The glacier descends through a valley, surrounded by the mountains of the Fairweather Range. Johns Hopkins is one of the few glaciers still advancing. More snow and ice accumulates in the feeder ice fields each year than is lost through calving into the sea.
Glacier Bay Posts►
Lamplugh Glacier
Grand Pacific Glacier
Margerie Glacier
Location: Glacier Bay, Alaska
Designation: National Park and Preserve
Date designated/established: December 2, 1980


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Recently offered Texas safety wants to visit Florida State
Last week the Florida State coaching staff got involved with a new defensive back target when they offered three-star safety Cisco Caston , out of Weatherford, Texas. Caston, who is 6-foot-2 and 195-pounds, is currently committed to Baylor. He committed to the Bears in early March, but that hasn't stopped other programs from recruiting Caston. "I've talked to coach [Marcus] Woodson and coach [Adam] Fuller," Caston told Noles247. "I haven't been in touch with them not long at all, barely a week." Caston is a versatile athlete on and off the football field. He also competes in track, running the 200, long jump and relays. "This offer shows me that I'm still out there to other colleges. I thought the recruiting was gonna slow down, but I guess not. FSU stands out as a school I would like to look at more," he said. Some of the other programs that Caston has heard from since his commitment to Baylor include – TCU, Texas Tech, Kansas, Oklahoma, SMU and FSU. Caston says he'd like to take a couple visits once he's able to again. "A few of the schools I want to visit are Ole miss, Mississippi State, Florida State and possibly Kansas." ========================= COMMENTS "Tall, big-framed safety prospect with terrific frame potential. Physical player who thrives coming downhill but also looks at home playing center field. Flashes impressive acceleration in pursuit. Will drop the hammer as a hitter. Size and length aid in catch-point disruption. Can improve ball skills. Needs to show more consistency in tackling technique. Can improve fluidity and short-range lateral mobility. High-ceiling safety prospect who should become reliable Power 5 starter with potential beyond that."
Original Post 247sports.com


text:
Gaza Strip Israeli attacks News Report
Army Opens Fire At Fishermen In Gaza
Israeli soldiers attacked , Friday, several Palestinian fishing boats in As-Sudaniyy area and the coastal area west of Gaza City.Local sources said that the attack did not lead to damages or injuries, but the fishermen were forced back to the shore after the army prevented them from fishing. The army also opened fire at fishermen west of Gaza.
On October 7, Israeli Naval Forces positioned off Al-Waha resort northwest of Beit Lahia, northern Gaza Strip, and arrested four fishermen while they were fishing 2.5 nautical miles off the shore.
The army chased a fisherman Majed Fadel Baker (51), who was sailing with his three sons Imran (27), Fadi (26), and Mohammad Majed Baker (20).
Israel carries out repeated attacks against the fishermen in Gaza, and issue that led to several casualties; the army also confiscated several fishing boats.
Israel reduced the area of fishing from 20 nautical miles, which was established upon in the agreements signed between Palestinians and Israel, to 6 nautical miles in 2008, but the Israeli navy continued to prevent fishermen from going beyond 3 nautical miles since 2009.
As a result, fishermen are prevented from reaching areas beyond that distance where fish is abundant. Sometimes, Israeli forces also chase fishermen within the 3 nautical mile area. Consequently, Palestinian fishermen have lost 85% of their source of income, because of the limiting the fishing area.
Ahston Slams Israel's Decision To Build 797 Units In Gilo Settlement
Israeli Troop Carrier Vehicle Targeted In Southern Gaza
By Saed Bannoura


text:
Information about Europa League
During the 1980s, IFK Göteborg (1982 and 1987) and Real Madrid (1985 and 1986) won the competition twice each, with Anderlecht reaching two consecutive finals, winning in 1983 and losing to Tottenham Hotspur in 1984. The year 1989 saw the commencement of the Italian clubs' domination, when Diego Maradona's Napoli defeated Stuttgart. The 1990s started with two all-Italian finals, and in 1992, Torino lost the final to Ajax on the away goals rule. Juventus won the competition for a third time in 1993 and Internazionale kept the cup in Italy the following year. The year 1995 saw a third all-Italian final, with Parma proving their consistency, after two consecutive Cup Winners' Cup finals. The only final with no Italians during that decade was in 1996. Internazionale reached the final the following two years, losing in 1997 to Schalke 04 on penalties, and winning yet another all-Italian final in 1998, taking home the cup for the third time in only eight years. Parma won the cup in 1999, which ended the Italian-domination era. By chance, it was, as of 2019, the last UEFA Cup/Europa League final appearance for any Italian club.
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text:
Review of The Zero Marginal Cost Society
St. Martin's Press, 2014
Looking for the book?
We have the summary! Get the key insights in just 10 minutes.
Insider's Take
Author, futurist and economist Jeremy Rifkin describes society's march toward a "collective commons," featuring an economy based on sharing, cooperation, social experience and broad empathy. He weaves history, economics, psychology and science into a cohesive, compelling vision of a radically different but desirable future. Most of his predictions span the next 30 to 50 years, but many of today's broad social movements are accelerating so rapidly that things could happen more quickly. Rifkin's central theme is that the world is changing for the better because, even though capitalism created today's abundance, peoples' attitudes are shifting to collaboration, sharing and conservation. A more hardened realist might expect humanity's inexorable decline into oblivion within the century, but those seeking an alternative future will appreciate Rifkin's hopefulness.
Renowned thinker, futurist and author of more than 20 books, Jeremy Rifkin lectures at the Executive Education Program at the University of Pennsylvania's Wharton School and advises governments worldwide.
An Optimistic Futurist
Author, futurist and economist Jeremy Rifkin describes society's march toward a "collective commons" featuring an economy based on sharing, cooperation, social experience and broad empathy. He weaves history, economics, psychology and science into a cohesive, compelling vision of a radically different but desirable future. Most of his predictions span the next 30 to 50 years, but many of today's broad social movements are accelerating so rapidly that things could happen more quickly. Rifkin's central theme is that the world is changing for the better because, even though capitalism created today's abundance, peoples' attitudes are shifting to collaboration, sharing and conservation. A more hardened realist might expect humanity's inexorable decline into oblivion within the century, but those seeking an alternative future will appreciate Rifkin's hopefulness.
Rifkin, who has written more than 20 books, betrays an optimism that might seem almost naive in less knowledgeable hands. He describes a world in which capitalism has so completely succeeded that it has rendered itself redundant, now that technology is bringing the cost of nearly everything down to almost nothing. This, he maintains, will create an abundance that leaves no one in want. He envisions a new age in which machines and artificial intelligence do almost everything, so humans can pursue transcendence, mainly through connections and heightened empathy. However, Rifkin does acknowledge the severe challenges humanity faces, most notably in climate change and cyberterrorism.
What's Next for the Sharing Economy?
The Empathic Civilization
A World Beyond Markets
The Third Industrial Revolution
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Comment on this recommendation
M. L. 4 years ago
Interesting concept. Presumably new products and services will emerge as consumer habits evolve and the old structures become eclipsed by resource-sharing.and collaboration.


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text:
Investigations on the species specificity of Mannheimia (Pasteurella) haemolytica serotyping
Øystein Angen, Malcolm Quirie, Willie Donachie, Magne Bisgaard
Eleven serotypes (1, 2, 5-9, 12-14 and 16) have been demonstrated within Mannheimia haemolytica. Subsequent serotyping of 166 Mannheimia haemolytica-like strains, genetically and phenotyphically distinct from Mannheimia haemolytica, and isolated from ruminants, pigs, hares and rabbits showed that 13.2% were typeable, 19 of which were serotype 11 representing strains now being classified as M. glucosida. In addition, three strains belonged to serotypes 6, 9 and 16, respectively. Additionally, the serotyping results of 98 (P.) haemolytica-like isolates from non-ruminant sources collected by the UK Veterinary Investigation Centres during the period 1982-1996 were investigated. None of these isolates have been kept, making further genetic characterization impossible. Among these isolates, 25.5% were typeable representing serotypes 1, 2, 3, 5, 6, 9, 10, 13 and 15. Substantial evidence has been reported indicating that M. haemolytica-like isolates from non-ruminant sources represent species different from M. haemolytica. The present investigation underlines that serotyping does not represent a reliable method for the identification of M. haemolytica or M. glucosida. These observations emphasize that extended phenotypic and genetic characterization is necessary for the proper identification of these organisms.
Pasteurella haemolytica
serotyping
Mannheimia haemolytica
Dive into the research topics of 'Investigations on the species specificity of Mannheimia (Pasteurella) haemolytica serotyping'. Together they form a unique fingerprint.
Serotype Agricultural and Biological Sciences 100%
Mannheimia Haemolytica Medicine and Dentistry 100%
Ruminant Agricultural and Biological Sciences 25%
Hare Agricultural and Biological Sciences 25%
Pasteurella Agricultural and Biological Sciences 25%
Mannheimia Agricultural and Biological Sciences 25%
Species Difference Medicine and Dentistry 25%
Angen, Ø., Quirie, M., Donachie, W., & Bisgaard, M. (1999). Investigations on the species specificity of Mannheimia (Pasteurella) haemolytica serotyping. Veterinary Microbiology, 65(4), 283-290. https://doi.org/10.1016/S0378-1135(98)00304-6
Angen, Øystein ; Quirie, Malcolm ; Donachie, Willie et al. / Investigations on the species specificity of Mannheimia (Pasteurella) haemolytica serotyping. In: Veterinary Microbiology. 1999 ; Vol. 65, No. 4. pp. 283-290.
@article{c3579d04aa2c457a8d8bdd27b45f677e,
title = "Investigations on the species specificity of Mannheimia (Pasteurella) haemolytica serotyping",
abstract = "Eleven serotypes (1, 2, 5-9, 12-14 and 16) have been demonstrated within Mannheimia haemolytica. Subsequent serotyping of 166 Mannheimia haemolytica-like strains, genetically and phenotyphically distinct from Mannheimia haemolytica, and isolated from ruminants, pigs, hares and rabbits showed that 13.2% were typeable, 19 of which were serotype 11 representing strains now being classified as M. glucosida. In addition, three strains belonged to serotypes 6, 9 and 16, respectively. Additionally, the serotyping results of 98 (P.) haemolytica-like isolates from non-ruminant sources collected by the UK Veterinary Investigation Centres during the period 1982-1996 were investigated. None of these isolates have been kept, making further genetic characterization impossible. Among these isolates, 25.5% were typeable representing serotypes 1, 2, 3, 5, 6, 9, 10, 13 and 15. Substantial evidence has been reported indicating that M. haemolytica-like isolates from non-ruminant sources represent species different from M. haemolytica. The present investigation underlines that serotyping does not represent a reliable method for the identification of M. haemolytica or M. glucosida. These observations emphasize that extended phenotypic and genetic characterization is necessary for the proper identification of these organisms.",
keywords = "Pasteurella haemolytica, serotyping, Mannheimia haemolytica",
author = "{\O}ystein Angen and Malcolm Quirie and Willie Donachie and Magne Bisgaard",
journal = "Veterinary Microbiology",
Angen, Ø, Quirie, M, Donachie, W & Bisgaard, M 1999, 'Investigations on the species specificity of Mannheimia (Pasteurella) haemolytica serotyping', Veterinary Microbiology, vol. 65, no. 4, pp. 283-290. https://doi.org/10.1016/S0378-1135(98)00304-6
Investigations on the species specificity of Mannheimia (Pasteurella) haemolytica serotyping. / Angen, Øystein; Quirie, Malcolm; Donachie, Willie et al.
In: Veterinary Microbiology, Vol. 65, No. 4, 1999, p. 283-290.
T1 - Investigations on the species specificity of Mannheimia (Pasteurella) haemolytica serotyping
AU - Angen, Øystein
AU - Quirie, Malcolm
AU - Donachie, Willie
AU - Bisgaard, Magne
N2 - Eleven serotypes (1, 2, 5-9, 12-14 and 16) have been demonstrated within Mannheimia haemolytica. Subsequent serotyping of 166 Mannheimia haemolytica-like strains, genetically and phenotyphically distinct from Mannheimia haemolytica, and isolated from ruminants, pigs, hares and rabbits showed that 13.2% were typeable, 19 of which were serotype 11 representing strains now being classified as M. glucosida. In addition, three strains belonged to serotypes 6, 9 and 16, respectively. Additionally, the serotyping results of 98 (P.) haemolytica-like isolates from non-ruminant sources collected by the UK Veterinary Investigation Centres during the period 1982-1996 were investigated. None of these isolates have been kept, making further genetic characterization impossible. Among these isolates, 25.5% were typeable representing serotypes 1, 2, 3, 5, 6, 9, 10, 13 and 15. Substantial evidence has been reported indicating that M. haemolytica-like isolates from non-ruminant sources represent species different from M. haemolytica. The present investigation underlines that serotyping does not represent a reliable method for the identification of M. haemolytica or M. glucosida. These observations emphasize that extended phenotypic and genetic characterization is necessary for the proper identification of these organisms.
AB - Eleven serotypes (1, 2, 5-9, 12-14 and 16) have been demonstrated within Mannheimia haemolytica. Subsequent serotyping of 166 Mannheimia haemolytica-like strains, genetically and phenotyphically distinct from Mannheimia haemolytica, and isolated from ruminants, pigs, hares and rabbits showed that 13.2% were typeable, 19 of which were serotype 11 representing strains now being classified as M. glucosida. In addition, three strains belonged to serotypes 6, 9 and 16, respectively. Additionally, the serotyping results of 98 (P.) haemolytica-like isolates from non-ruminant sources collected by the UK Veterinary Investigation Centres during the period 1982-1996 were investigated. None of these isolates have been kept, making further genetic characterization impossible. Among these isolates, 25.5% were typeable representing serotypes 1, 2, 3, 5, 6, 9, 10, 13 and 15. Substantial evidence has been reported indicating that M. haemolytica-like isolates from non-ruminant sources represent species different from M. haemolytica. The present investigation underlines that serotyping does not represent a reliable method for the identification of M. haemolytica or M. glucosida. These observations emphasize that extended phenotypic and genetic characterization is necessary for the proper identification of these organisms.
KW - Pasteurella haemolytica
KW - serotyping
KW - Mannheimia haemolytica
JO - Veterinary Microbiology
JF - Veterinary Microbiology
Angen Ø, Quirie M, Donachie W, Bisgaard M. Investigations on the species specificity of Mannheimia (Pasteurella) haemolytica serotyping. Veterinary Microbiology. 1999;65(4):283-290. doi: 10.1016/S0378-1135(98)00304-6


text:
The Matheny Manifesto: A Young Manager's Old-School Views on Success in Sports and Life (PDF Download)
Posted by Admin on April 17, 2015 in Memoirs 0 Comment
The Matheny Manifesto: A Young Manager's Old-School Views on Success in Sports and Life
Author(s): Mike Matheny
Genre: Memoirs, Coaching, Baseball
E-book Format: PDF, EPUB, MOBI,AZW, KF8,TXT
Mike Matheny was just forty-one, without professional managerial experience and looking for a next step after a successful career as a Major League catcher, when he succeeded the legendary Tony La Russa as manager of the St. Louis Cardinals in 2012. While Matheny has enjoyed immediate success, leading the Cards to the postseason three times in his first three years, people have noticed something else about his life, something not measured in day-to-day results. Instead, it's based on a frankly worded letter he wrote to the parents of a Little League team he coached, a cry for change that became an Internet sensation and eventually a "manifesto."
The tough-love philosophy Matheny expressed in the letter contained his throwback beliefs that authority should be respected, discipline and hard work rewarded, spiritual faith cultivated, family made a priority, and humility considered a virtue. In The Matheny Manifesto, he builds on his original letter by first diagnosing the problem at the heart of youth sports−hint: it starts with parents and coaches−and then by offering a hopeful path forward. Along the way, he uses stories from his small-town childhood as well as his career as a player, coach, and manager to explore eight keys to success: leadership, confidence, teamwork, faith, class, character, toughness, and humility.
From "The Coach Is Always Right, Even When He's Wrong" to "Let Your Catcher Call the Game," Matheny's old-school advice might not always be popular or politically correct, but it works. His entertaining and deeply inspirational book will not only resonate with parents, coaches, and athletes, it will also be a powerful reminder, from one of the most successful new managers in the game, of what sports can teach us all about winning on the field and in life.
Donna Bell's Bake Shop: Recipes and Stories of Family, Friends, and Food (PDF Download)
Posted by Admin on April 15, 2015 in Cookbooks 0 Comment
Donna Bell's Bake Shop: Recipes and Stories of Family, Friends, and Food
Author(s): Pauley Perrette, Darren Greenblatt, Matthew Sandusky
Genre: Cookbooks
The heartwarming story of how NCIS star Pauley Perrette and her two best friends created a Southern-style bake shop in Manhattan—a celebration of love and friendship with gorgeous photographs and delicious recipes.
Nestled in the heart of midtown New York is a little shop with a big story. An all-natural bake shop that specializes in Southern baked goods, Donna Bell's is owned by Pauley Perrette, the actress who plays Abby Sciuto on CBS's NCIS, and her two best friends, Darren Greenblatt and Matthew Sandusky. It was named in honor of Pauley's late mother, who is the beloved inspiration for everything they bake.
It all started in 1993, when Pauley met Darren in New York City's Hell's Kitchen, just blocks away from where the shop is currently located. The two became inseparable friends and Pauley's Southern mom would welcome Darren to their home with mouthwatering treats. Darren loved this food and soon left his successful career in fashion to open a food truck that sold Southern desserts at the Jersey Shore. Eventually he wanted to expand and turned to Pauley and their friend Matthew—who worked in the Los Angeles food industry—for help. Soon Matthew was on his way to New York to open Donna Bell's Bake Shop with Pauley and Darren.
The All-Day Energy Diet: Double Your Energy in 7 Days PDF Download
Posted by Admin on April 15, 2015 in Diets & Weight Loss, Health 0 Comment
The All-Day Energy Diet: Double Your Energy in 7 Days
Author(s): Yuri Elkaim
Genre: Healthcare
Yuri Elkaim is a registered holistic nutritionist and renowned fitness expert. For more than 13 years, his honest and inspiring messages have helped over 500,000 people worldwide enjoy more energy, lose weight, get in shape, eat better, and have a much greater understanding of their health. A former pro soccer player who later acted as the strength and conditioning and nutrition coach for seven seasons at the University of Toronto, Yuri is now on a mission to transform the lives of more than ten million people by 2018.


Everybody loves a rock climbing party - they are easy to throw and a hit with kids of all ages! Our rock climbing invitation features the silhouette of a climber in orange and navy. Our collection includes everything from rock climbing invitations to thank you notes, so you can coordinate the look and feel of your party.


The Lenovo Legion Y920 has produced me a believer in Lenovo as a gaming laptop organization. Priced at $2,299, the Legion Y920 offers some seriously strong functionality, due to its Intel Core i7 processor and Nvidia GeForce GTX 1070 GPU — both of which are overclockable if you need to lenovo x1 carbon 20bt battery push the envelope. The system's proprietary customizable keyboard is just about as quite as its extremely vivid Nvidia G-Sync show. Throw inside a pair of thunderous speakers, and you have got a program that has earned a location amongst the upper echelon of gaming laptops.
The Lenovo Legion Y920 is about as hulking as you'd expect to get a desktop refill, tipping the scales at far more than 9.five pounds and chargeur asus exa1208eh/ac adapter asus exa1208eh measuring a roomy 16.17 x 12.four x 1.42 inches. As soon as you add the enormous power brick, you're seeking at close to 12 pounds of hardware.
The Y920's sturdy shell boasts a handsome brushed-aluminum lid emblazoned with Lenovo's familiar "Y"-shaped logo, with a pair of stylish cooling vents in back.
Open up the Y920 and you will discover a nifty maroon speaker grille sitting above the mechanical keyboard (additional on the keyboard itself in a moment). The keyboard's RGB backlighting boasts a trio of customizable presets, ranging from a soothing "wave" effect to chargeur asus adp 90yd b/chargeur asus exa1202yh a pulsating ripple whenever you strike a key. Each zone and single-key backlighting are also around the menu.
Sitting in the top-left corner in the keyboard is the Y920's Turbo Increase switch, which allows you to overclock both the CPU and batterie asus r510c the GPU on the fly. Due to the Y920's one-touch Turbo Increase feature, you may overclock the CPU's maximum clock speed from three.6GHz to 4.1GHz, even though the GPU can go from a leading clock speed of 4GHz to 4.1GHz. We'll take Turbo Boost to get a real-world spin within a moment.
Lenovo equipped the Legion Y920 using a 1920 x 1080 panel befitting a premium gaming rig. The 17.3-inch anti-glare screen is simultaneously vibrant, stunningly vivid and chargeur surface 3/chargeur microsoft surface 3 correct. Even far better, the technique has Nvidia's G-Sync technologies. That implies when I was fighting my way through a horde of angry Kett on ultra settings, the tech made certain the display's refresh rate was in sync with all the graphics card for buttery-smooth graphics, higher frame rates and no latency.
The Black Panther trailer was a feast for the eyes. I ogled the Dora Milaje as they stood tall in their crimson-red uniforms with acer spin 5 sp513 51 charger gleaming gold accents. The warrior women's brown skin drew my eye and held it lengthy enough for me to take stock of the intricate rings in their necklaces. Gaming was just as quite. Exploring the rainy, dying planet of chargeur asus adp 33aw c Havarl in Mass Impact: Andromeda, I marveled in the bright-pink, fern-like foliage with its delicate fronds.
The Y920's screen is nice and vivid, reproducing 119 percent of the sRGB gamut. That is slightly beneath the 122 desktop-replacement typical, but was still improved than lenovo think pad x1 carbon 20fb battery the Zephyrus (114 percent), Alienware 17 (113 percent), G752VS (112 percent) and P57Xv7 (112 %).
This screen also proved to become relatively precise, returning a Delta-E score of 0.three (0 is excellent), topping the 1.3 average, the G752VS' two.1 and lenovo thinkpad yoga s1 battery replacement/lenovo thinkpad yoga 20cd battery the Alienware 17's 0.5. However, the P57Xv7 and Zephyrus proved a lot more precise at 0.19 and 0.21, respectively.
Averaging 362 nits of brightness, the Legion Y920's show can be a shining beacon, outperforming the 290-nit category average along with chargeur samsung np270e5e the Alienware 17 (340 nits), P57Xv7 (314 nits) and Zephyrus (253 nits). Still, the G752 proved to become the brightest, at a blinding 476 nits.
If you happen to be a fan of USB three.0, you'll like the collection of ports on chargeur asus adp 120rh b the Lenovo Legion Y920. Around the left side from the Y920, you'll uncover two of a total of four USB three.0 ports, in addition to a rectangular energy port, DisplayPort, complete HDMI, Gigabit ethernet, and-sad face-a single Thunderbolt 3 port.
On the ride side of the laptop sits an SD card reader, a microphone input, a headset jack, a Kensington lock, and the other two USB 3.0 ports.
The keyboard is amongst the key elements that set this laptop aside from other devices with comparable traits. It is a low-profile mechanical keyboard, and chargeur asus adp 45bw c it feels nor like a common notebook keyboard or as a desktop mechanical keyboard. In line with Lenovo it uses Cherry MX switches, but it does not feel like anything I've utilised just before and I could not discover just what kind.
The typing expertise is odd, each because of the deep stroke (2.2 mm) and specifically the elevated resistance. These keys are difficult to push and they've a deep actuation point, which suggests you cannot touch form like on a standard mechanical keyboard, you'll need to chargeur toshiba pa5034u 1aca be sure to press them all of the way down. That meant that as a person applied to low-stroke mid-resistance keys, I initially hated their feedback. Numerous thousands words later although, for me this keyboard is now certainly one of the fastest laptop keyboards I've ever gotten my hands on.
I nevertheless can not say it really is certainly one of my favorites, I'd possibly have to have a lot more time to get employed to it, as I still must adjust my style and pa5170u 1brs/batterie toshiba satellite nb10t a 101 recall to hit these keys tough, otherwise missed strokes commence taking place. In fact, I nonetheless struggle to attain a constant typing accuracy of no less than 95%, and most of the errors have a tendency to take place when I've to work with the Shift and Space keys.
This keyboard is also around the loud side, as you'd certainly anticipate from mechanical switches with chargeur asus ad887020 their distinctive click. This is quite a bit quieter than even a desktop Cherry MX Brown keyboard, but also louder than a regular laptop keyboard and not effectively suited for typing in a library and also other quiet environments exactly where folks could offer you a raised eyebrow if you stand out in any way.
For gaming, this comes with anti-ghosting and rapid response time. The layout also tends to make positive the arrow keys are nicely spaced and separated in the others, but it really is equivalent for the other Legions, with lenovo yoga 900 13isk2 battery/yoga 900 13isk battery an uncommon NumPad Section with no devoted function keys like Residence, End, Delete, PrtScr, and so forth. That is a single extra reason I believe this really is not a keyboard for specialists who use these keys on a daily basis, but anything more suitable for gamers. I do like how the secondary functions are integrated on the NumPad and chargeur asus ad890026 not around the F keys like with most other laptops.
As an addition from the other Legions, the Y920 also gets four macro keys along with a Turbo toggle as the most-left column of keys. They may be customizable as well as the Turbo essential is actually a switch that slides up and batterie asus a32li9h down inside a really nice way. However, I find the positioning annoying, as I generally appear to hit the Y4 button rather from the left Ctrl, so I had to make confident there was no function assigned to that crucial so at least continually hitting it wouldn't do anything unwanted.
Another selling point right here is the RGB backlightning. The integrated Lenovo Sense app makes it possible for to individually customize every key's colour and chargeur acer a13 045n2a effect, customize specific locations from the keyboard or select general effects for each of the keys. The trackpad is also framed by a lit border which you can customize in the similar app, which also gives manage more than the color-bar in the top with the keyboard. The app allows to create 3 various profiles for the keyboard, trackpad and chargeur acer sw5 015 137z 18w light bar, too as a general Lights-Off profile, and also you can toggle in between them by hitting Fn+Space.
As a side note, I couldn't figure a method to turn the light bar and trackpad off independently from the keyboard, even though maintaining the keys backlit, but I located that switching their color to batterie pa5109u 1brs/toshiba pa5109u 1brs black ends up fully muting them.
As far as mouse goes, Lenovo went with an Elan created clickpad here. It really is plastic, nevertheless it feels nice to the touch and has a smooth matte texture. It also performs surprisingly nicely for an Elan surface. Actually, together with the exception in the lack of dell inspiron 15 7559 charger/dell inspiron 7559 charger Back swipes in browsers, I could not come across something that I didn't like about it and I didn't run into any sluggishness or stuttering for the duration of my time using the laptop.
As a clickpad, the click buttons are integrated within the surface, but they perform smoothly and are not stiff. They are a little loud although.
We didn't find any significant surprises though putting the Lenovo Legion Y920 and dell inspiron 15 7559 charger/dell inspiron 7559 charger its quad-core, Kaby Lake-era Core i7-7820HK processor by way of its paces. We compared it to other current 17-inch gaming laptops we've tested, a range that includes the maxed-out Origin Pc EON17-X and Alienware 17 R5 (each costing over $1,000 additional than the Legion Y920, and for superior cause); the prior-generation Alienware 17 R4, that is closer to batterie asus a41 x550e the Legion Y920 in specs; plus the HP Omen 17 and MicroCenter PowerSpec 17, which carry 7th-gen CPUs at the same time. For the Legion Y920, we include benefits for each its default and Turbo modes.
With its mid-range Nvidia GTX 1070 graphic core, the Lenovo Legion Y920 turns in strong performance with regards to playing our preferred AAA gaming titles, cranking out buttery visuals nicely north of 60 fps at chargeur surface pro 3/alimentation surface pro 3 maxed video settings. Just don't expect the Y920's Turbo mode to juice frame rates beyond a number of percentage points.
Looking at our 3DMark FireStrike Intense results, the Lenovo Legion Y920's efficiency landed fairly a lot exactly where we expected, slightly ahead of chargeur lenovo adl45wcg the similarly GTX 1070-equipped HP Omen 17, but well behind laptops with beefier Nvidia graphics cores (which include the Alienware 17 R4). When we flipped the Y920's Turbo switch, we saw only a slight (1.7 %) improvement in its score.
Next, we fired up 2013's Tomb Raider reboot. Once once more the Legion Y920 is fairly considerably on the mark, edging the HP Omen 17 and keeping pace with batterie hp 800050 001/batterie hp pavilion gaming 15 the Microcenter PowerSpec 17, one more GTX 1070-powered gaming laptop. Engaging Turbo mode only gave us a slight 1.3-percent performance increase.
Moving on to Middle-earth: Shadow of Mordor, the Lenovo Legion Y920 managed to serve up a steady 130 fps-slightly much better than what we've previously seen using the GTX 1070-equipped HP Omen 17 and Microcenter PowerSpec 17. Flipping on lenovo yoga 2 13 battery Turbo mode netted a smaller 1.6-percent performance enhance, which (not surprisingly) wasn't fairly superior sufficient to match the stellar frame rate of GTX 1080-equipped competition.
Finally, the graphically intense Rise of the Tomb Raider kept the Legion Y920 to about 103 frames per second, on a par with batterie toshiba pa5186u 1brs blanc the GTX 1070-packing HP Omen 17 along with the Microcenter PowerSpec 17, and even in range of GTX 1080-powered machines. Turning on Turbo mode gave us a modest 2.7-percent fps improvement.
Lenovo puts a 90 Wh battery around the Yoga Y920, that is what I'd anticipate from a machine of this size.
Don't forget there is an i7-7820HK inside and also a GSync screen, so you should not count on numerous hours of use out of this one particular, but even so you can get decent battery life with surface pro 4 chargeur each day use. We set the screen at roughly 120 nits (30% brightness) and here's what you ought to expect in every day use.
The laptop comes having a 230 W energy brick along with a full charge requires about three hours, even longer if you're playing games during toshiba laptop battery pa5109u 1brs/toshiba battery pa5109u 1brs this time. It weighs about .9 kilos, so it's not lighter than other choices, despite its distinct flat shape that looks fairly compact.
At the end of your day, the Lenovo Legion Y920 is among the very best buys in its niche, that of full-size high-performance laptops with a 17-inch screen.
It has a handful of flaws, but most of them are not deal breakers, like the truth that the screen gets a reflective coating, the fact that the fans are loud and also the metallic case gets somewhat as well hot for batterie hp 800050 001 a laptop of this heft. Some of the quirks could steer you away even though, just like the poor wireless functionality at variety as well as the keyboard, which is unique from any other laptop keyboards, with an odd layout and a feedback that could possibly not be up everyone's alley.
But then the keyboard is also among the key elements that sets this laptop aside from the crowd, so I encourage you to pa5121u 1brs/toshiba battery pa5121u 1brs give it a go if doable. The develop good quality and clean style are also strong promoting points for the Y920, also as the wonderful panel with GSync, the large battery, the fantastic IO and speakers, and last but surely not least, the functionality.
Our test unit did properly in each day use and games, and whilst it wasn't able to batterie asus a32n1405/batterie a32n1405 squeeze the absolute best the platform is capable of, I think that will be accomplished with additional tweaking, like repasting the CPU/GPU and undervolting the CPU. Not surprisingly, it will be great if performance would have already been flawless out of lenovo adlx65ycc2a sa10m13947 the box, but I've however to find a high-performance laptop which will do that just of but.
So in the end of your day this notebook is primarily developed as a gaming machine, a single that may live most of its life on a desk, indoors; and chargeur asus eee pc x101ch/chargeur asus x101ch as a gaming machine you will hardly obtain an option that would provide better value for the cash, specially after the Core i7-7700HQ configurations is going to be available in stores and when costs drop slightly, as with most other Lenovo laptops. So if you are searching for a 17-inch gaming machine within the second portion of 2017, you will possess a strong pretender in acer aspire m5 583p 5859 battery the Lenovo Legion Y920, alongside alternatives just like the Alienware 17, MSI GS73 Titan and ASU ROG GL752VS.
If you happen to be a professional and want a strong laptop for perform although, this one's keyboard, reflective screen with only FHD resolution and average color coverage, as well as the higher hardware temperatures, could make you appear elsewhere alternatively.
That wraps up our assessment from the Lenovo legion Y920, but he comments section under awaits your comments and feedback.


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NABU bowed the court for procedural violations, – the former head NKREKU
magictr | September 5, 2019 | Business | No Comments
The NEB loses the case against the "Rotterdam +", therefore goes on procedural violations and is pushing for this court
As reported by Ukrainian news, this was written by a former Chairman of the National Commission, carrying out state regulation in the sphere of energy and communal services Dmitry Vovk on his page in Facebook, commenting on a report by the Director of NABU on obtaining the permission of the court for his detention in the case of "Rotterdam +"
"NABOO is not capable of open competitive process, because they are in it "to dry" lose us. That is why NABU appeal to the court after his devastating loss and "the quiet" and without legal opponents get the right solution without an invitation by the defense; engaged in the plums in the media," wrote Wolf.
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He also noted that together with their lawyers will be determined to further his defense after receipt of the decision of the court. "We have not yet received the court's decision. After receiving and studying — to make a decision about further protection," wrote Wolf.
We will remind, earlier a number of energoexpert said that the case of iabu "Rotterdam +" has no judicial prospects, and noted that the introduction of formula pricing was absolutely economically justified in the conditions of deficit of Ukraine's coal.
24 Mar 2017 NABU has opened a criminal case in which investigates the actions of members of the national Commission, which approved the formula of "Rotterdam +". 8 Aug 2019 detectives NAB reported about suspicion six persons in the so-called "Rotterdam +", including the former head of the national Commission Dmitry Vovk. For each of the six employees, the court denied the NAB in a petition for custody.
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Open Mind Zen The Book! Now available!
or those interested in the Open Mind Zen system of study.
The word Zen has become a popular one in modern media, but few readers have even an intellectual understanding as to what Zen really is, much less an experiential one. Open Mind Zen uses plain English to demystify an ancient, Eastern method of self-realization and make it accessible to those without a background in Eastern spiritual practices.
Open Mind Zen is a concise, easy to read text with short chapters designed to be carefully read and meditated upon. It cuts through the cultural baggage and mumbo jumbo you will find in many other books on this topic.
Open Mind Zen is written for the lay practitioner by a lay teacher with the understanding that few of us desire to abandon our life, work & family to practice meditation. It shows us how we can learn to meditate and deepen our awareness in the midst of daily life.
Al Rapaport is the originator of Open Mind Zen, a unique system of meditation study. He has over 35 years experience practicing and teaching Zen, and is one of only a few lay Zen teachers. Al developed and produced the Buddhism in America Conferences in Boston, San Diego, and Colorado & the Tricycle Buddhism Conference in New York City. He currently directs the Open Mind Zen Center in Melbourne, FL.
What is freedom, and can human beings really experience it? How can we say that the world is perfect as it is when it often appears to be the opposite? To gain an understanding of Zen teaching on this point, we need to see that there are two ways of looking at this issue. One is the relative side, which is that the world is never going to be perfect, that there will always be problems. But then there is also what we in Zen practice call the absolute side, which is that from the perspective of wholeness or oneness the entire universe is perfect the way it is, suffering and all. For someone who has achieved this perspective, the earth with all its imperfection is the enlightened Buddha-mindfield. So, whether this earth is a minefield or a Buddha-mindfield depends on how we experience it.
To truly experience freedom, we have to be able to see things from both the relative and the absolute perspective and not get stuck in either one. To be attached to the relative level means that we believe that just a little more money, a little larger SUV, a little larger house or a little better relationship will give us the freedom we need. The problem is, no matter how much we get, it just doesn't seem to do the trick. All those extra things require maintenance, and more and more of our time goes to creating and maintaining this kind of material wealth. Then we wonder why we aren't as happy as we're told by the advertising we should be!
On the other hand, if we have some kind of spiritual beyond body experience we can just as easily get so attached to it that we cannot drop it to see the relative world around us when necessary. Life is not always perfect and wonderful – there is suffering, pain and destruction all around us, and we need to be able to empathize with those that are suffering in order to do any good. Sometimes life is calm and clear, and other times it is terrible and chaotic, so to be able to freely move between functioning in the relative while seeing the absolute state underlying all reality is very important to a spiritual understanding. Zen practice is about letting go of the relative self in order to realize oneness, but then after you have that experience of awakening, letting go of that so you can go on to the next stage. This is a very subtle point that many spiritual systems do not address, that it is necessary to avoid getting attached to both the relative aspect of life and the universal aspect. We have to be able to freely move between them. We need to be able to function in the relative world, to keep clean, to eat food, to relate well to others, but at the same time we need to be able to see the oneness of the entire universe. Nothing can be left out, or we are not truly free.
So, what is freedom? Well, if it was a fixed state of being of some type, it wouldn't be totally free. Zen teaching is that any fixed state is a trap sooner or later. Could it be that freedom is simply the realization that we can choose at any time, and in any situation? Doesn't this define freedom itself, that whatever happens we can choose – choose to go right or left, to do good or evil, to live or die? If we take any option off the table, whether it be ego, anger, lust, or selflessness, clarity and enlightenment, we limit our options and our freedom. We have an infinite range of tools to use in our tool chest – why not keep them all handy? In Zen training we use meditation as a way of learning how deeply our ability to choose goes.
Meditation is simply being aware of our own lives, of what we have created. We take our attention, which is normally focused outside, and turn it inward. What do we see when we turn our attention inward and start noticing our own body and mind? At first we see whatever we've created in our life, and that creation usually feels stuck in some way. We don't feel free because of conditioned patterns that keep us in certain narrow parameters of experience. The fact is that we are always free. We just need to free ourselves from the feeling that we aren't.


A Brief Economic History of the World. Hardcover, Condition: Very Good. Countering the prevailing theory that the Industrial Revolution was sparked by the sudden development of stable political, legal, and economic institutions in seventeenth-century Europe, Clark shows that such institutions existed long before industrialization. He argues instead that these institutions gradually led to deep cultural changes by encouraging people to abandon hunter-gatherer instincts-violence, impatience, and economy of effort-and adopt economic habits-hard work, rationality, and education. Kratka ekonomska povijest svijeta.