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Home > News & Publications > Wisconsin Lawyer > Article
The Official Publication of the State Bar of Wisconsin
Supreme Court Digest
This column summarizes all decisions of the Wisconsin Supreme Court except those involving lawyer or judicial discipline.
Daniel BlinkaThomas Hammer
Wisconsin Lawyer
Vol. 76, No. 7, July 2003
This column summarizes all decisions of the Wisconsin Supreme Court (except those involving lawyer or judicial discipline, which are digested elsewhere in the magazine). Profs. Daniel D. Blinka and Thomas J. Hammer invite comments and questions about the digests. They can be reached at Marquette University Law School, 1103 W. Wisconsin Ave., Milwaukee, WI 53233, (414) 288-7090.
by Prof. Daniel D. Blinka & Prof. Thomas J. Hammer
Jury Trials
Amendment to Statute of Limitation for Sexual Assault of a Child - Ex Post Facto Challenge
State v. Haines, 2003 WI 39 (filed 13 May 2003)
In 2000 the state charged the defendant with second-degree sexual assault of a child under age 16, in violation of Wis. Stat. section 948.02(2). The complaint alleged that the offense occurred in 1992. At the time of the offense, the applicable statute of limitation provided that the prosecution had to commence before the victim reached age 21. In 1994, about five years before the victim would turn 21, the statute of limitation was amended to provide that a prosecution had to commence before the victim reached age 26. When the charge in this case was brought in 2000, the victim was 22 years old.
The defendant moved for dismissal, claiming that the prosecution was barred by the age 21 limitation in effect at the time of the alleged assault. He also claimed that prosecution under the amended (age 26) limitation that was in effect when the complaint was filed violated the ex post facto clause of the Wisconsin Constitution. The circuit court dismissed the complaint, concluding that prosecution under the amended statute of limitation violated the ex post facto clause.
The court of appeals reversed. See 2002 WI App 139. The court held that the 1994 amended version of the statute of limitation applies to the defendant. The 1994 law specifically provides that its longer time limitation first applies to offenses that were not barred from prosecution on the effective date of the change, April 22, 1994.
The court of appeals further concluded that application of the 1994 amended statute allowing prosecution to commence before the victim reached age 26 did not violate the ex post facto clause. Among other things, the ex post facto clause protects against removal of a defense that was available at the time the act was committed. The 1994 amendment did not remove a defense that was available to the defendant in 1992. At the time of the alleged assault, the defendant had no statute of limitation defense. In fact, such a "defense" would not have been available until 1999, when the former statute of limitation would have run. The court of appeals found persuasive the decisions of federal and state courts that have concluded that retroactive application of a new statute of limitation, enacted at a time when the old limitation period had not yet run, does not violate the ex post facto clause.
The supreme court, in a decision authored by Justice Bablitch, unanimously concluded that it could not improve upon the court of appeals' analysis and reasoning as summarized above and, accordingly, it affirmed that decision.
Homicide - Year-and-a-Day Rule Abrogated
State v. Picotte, 2003 WI 42 (filed 16 May 2003)
The defendant injured John Jackson in an altercation that left Jackson in a coma. The defendant pleaded guilty to aggravated battery and was sentenced to prison. More than two years later Jackson died. The defendant was then prosecuted for first-degree reckless homicide and was convicted and sent to prison. On postconviction motions the defendant claimed that his homicide conviction was barred because it violated the common-law year-and-a-day rule, which establishes an irrebuttable presumption that a death that occurs more than one year and one day after an accused's injury-inflicting act was not caused by the accused. The circuit court denied the motions, and the court of appeals certified the case to the Wisconsin Supreme Court.
In a majority opinion authored by Chief Justice Abrahamson, the supreme court reversed the decision of the circuit court and held that the homicide conviction in this case is barred by the common-law year-and-a-day rule. The court concluded that: 1) the year-and-a-day rule has been the law of Wisconsin since statehood, preserved through Article XIV, Section 13 of the Wisconsin Constitution; 2) the supreme court has the authority to develop the common law and therefore may abrogate the year-and-a-day rule; 3) the year-and-a-day rule is an archaic rule that no longer makes sense and should be abrogated; and 4) the abrogation of the year-and-a-day rule should be applied prospectively only. The court articulated many reasons for abandoning this 13th-century rule, including advances in modern medicine that permit causes of death to be determined with great certainty.
Justice Sykes, joined by Justices Wilcox and Crooks, dissented from that part of the majority decision that applies the abrogation of the year-and-a-day rule prospectively only.
Interrogation - Voluntariness
State v. Hoppe, 2003 WI 43 (filed 22 May 2003)
Hoppe was charged with the homicide of a female acquaintance. In a suppression hearing, the trial judge suppressed as involuntary various statements made by Hoppe to police officers during the course of the investigation. Although the judge found that the officers had not engaged in any "egregious actions," their conduct had nonetheless coerced Hoppe, whose chronic alcoholism and other problems left him in a "vulnerable" mental state. The court of appeals affirmed.
The supreme court, in a decision authored by Justice Bradley, also affirmed. In setting forth the well-established "totality of the circumstances" test, the court observed "that some coercive or improper police conduct must exist in order to sustain a finding of involuntariness." Yet case law does not require that the police conduct be "egregious or outrageous" (¶46). Hoppe suffered "from cognitive impairment associated with his chronic alcoholism" (¶48). Conceding that the facts before it were "unique," the supreme court upheld the trial judge's factual findings, which were based on an audiotape of the interrogation and expert evaluations of Hoppe's fragile mental state while he was being interrogated. Of particular importance were the absence of any Miranda warnings and the increasingly "direct and accusatory" tone of successive interrogations.
Justice Sykes, joined by Justice Prosser, dissented, because there was "no evidence of coercive or improper conduct here" (¶69).
Informants - Privilege
State v. Vanmanivong, 2003 WI 41 (filed 14 May 2003)
A jury convicted the defendant of eight counts of delivering cocaine. The court of appeals reversed five of the convictions and remanded the case for a hearing as to whether the identities of two confidential informants should have been disclosed.
The supreme court, in an opinion written by Justice Wilcox, reversed the court of appeals. Acknowledging the case's factual and legal "complex[ity]," the court focused on two issues (¶15). The first issue was whether the court of appeals applied the correct standards in reversing the five counts. The supreme court "reaffirm[ed]" its earlier holding in State v. Dowe, 120 Wis.2d 192 (1984) that the "concurrence" in State v. Outlaw, 108 Wis.2d 112 (1982) "states the test to be applied in determining whether an informant's identity must be disclosed. Based on the language of the concurrence, a defendant must show that an informer's testimony is necessary to the defense before a court may require disclosure" (¶24). The "necessity" standard requires the defendant to demonstrate that the evidence sought "could create reasonable doubt."
The court then set forth the procedures to use when determining whether informants' identities should be disclosed. "Once a defendant has made an initial showing that there is a reasonable probability that an informant may be able to give testimony necessary to the fair determination of the issue of guilt or innocence, the state has the opportunity to show, in camera, facts relevant to determining whether or not the informant can, in fact, provide such testimony. If, and only if, the court determines that an informer's testimony is necessary to the defense in that it could create a reasonable doubt of the defendant's guilt in jurors' minds, must the privilege give way" (¶ 32).
The second issue concerned the procedures employed by the circuit court in this case. The supreme court held that the judge erred by "independently requesting additional information from law enforcement" and later reviewing a detective's unsworn memo (¶34). Nonetheless, the error was harmless because "[t]he jury had before it the same information it would have had if the procedural errors had not occurred" (¶49).
Chief Justice Abrahamson, joined by Justice Bradley, dissented, on the grounds that the court of appeals correctly concluded that a remand was essential so that Wis. Stat. section 905.10 can be properly applied, and that the majority's opinion "leaves the correction interpretation of § 905.10(3)(b) in doubt" (¶72).
Double Jeopardy - Manifest Necessity
State v. Seefeldt, 2003 WI 47 (filed 28 May 2003)
The defendant was charged with assorted criminal counts involving drug possession and carrying a concealed weapon. During defense counsel's opening statement, the prosecutor objected that a reference to 15 open arrest warrants for "Bart," a key witness for the state, violated "a pretrial order prohibiting the introduction of other acts evidence." The court held a hearing at which it decided that defense counsel's reference had indeed violated an earlier ruling and that a mistrial was warranted. The judge also disqualified the defendant's trial counsel.
Later, a second trial was commenced and the defendant was convicted. The court of appeals reversed the conviction because the state had failed to demonstrate that a "manifest necessity" justified the mistrial; hence, the second trial violated the defendant's right of double jeopardy.
The supreme court, in an opinion written by Justice Bradley, affirmed the court of appeals. On this record the trial judge failed to exercise the "sound discretion" required by case law. "First, the existence of Bart's 15 warrants would likely have been admissible during trial and the record does not reflect that the judge considered whether the evidence would ultimately be admissible. Second, the trial judge did not provide sufficient opportunity for the parties to present, and for the judge to consider, arguments regarding whether a mistrial should be ordered and the possible alternatives to a mistrial" (¶38). In sum, a defense counsel's violation of a pretrial order "is not a basis for a mistrial unless the violation creates that high degree of necessity required by the double jeopardy clause" (¶40).
Child Support - Arrearages
State v. Hamilton, 2003 WI 50 (filed 30 May 2003)
The father and mother were divorced in 1970, and the father was ordered to pay child support. The child support order was amended in 1977. In 2000, the state filed this action to collect child support arrearages from the father. The issue presented by this case was whether the state, as the assignee of the father's deceased wife, timely filed this action. Specifically, "(1) Does Wis. Stat. § 893.40 (2001-2002) apply to independent actions to collect child support not paid after July 1, 1980, and (2) if § 893.40 applies, when does the 20-year limitations period in the statute begin to run?" (¶3)
The supreme court, in an opinion authored by Justice Prosser, held that "Wis. Stat. § 893.40, which became effective on July 1, 1980, governs the time within which a party may bring an independent action to collect child support arrearages that accumulated after the statute's effective date. In addition, [the court] conclude[d] that, under the statute, an action brought to enforce a child support judgment must be commenced within 20 years of the date when the judgment is entered. The period of limitation begins to run upon entry of judgment, irrespective of whether any payment under that judgment has been missed" (¶4).
Since the last child support judgment was entered in November 1977, the state had until November 1997 to begin this action to collect arrearages that incurred after 1980. Thus, the 2000 action was untimely. The state had "ample time" to bring this action (¶43), because subsequent changes in law have mitigated the "seemingly harsh result from applying § 893.40 in the context of child support judgments" (¶46). For example, "[a] party to whom child support is owed need not wait until the youngest child reaches majority before going to court to enforce collection" (¶46) and "contempt proceedings remain a viable option" (¶47).
Bad Faith - Punitive Damages
Trinity Evangelical Lutheran Church v. Tower Ins. Co., 2003 WI 46 (filed 23 May 2003)
Trinity Evangelical Church and School sought to renew its "hired and non-owned automobile insurance coverage" because its teachers occasionally transported students. Its insurance agent, however, "inadvertently failed" to check the appropriate box on the application, and thus the policy omitted the requested coverage. The mistake was uncovered in 1995, when a teacher transporting students caused a serious accident. The insurance agent contacted Tower, the insurer, documented the mistake, and requested that Tower backdate coverage for Trinity. Tower refused to do so despite several requests.
The circuit court ruled that Trinity was entitled to reformation of the insurance contract as a matter of law. The court also granted summary judgment, because the court found that Tower had engaged in bad faith. A jury awarded Trinity $3.5 million in punitive damages. The court of appeals affirmed the punitive damages award but concluded that issues of fact relating to the bad faith claim had to be resolved in a new trial.
The supreme court, in an opinion written by Justice Crooks, affirmed in part and reversed in part. First, the circuit court had properly granted summary judgment on the issue of bad faith. "It is clear that Tower, knowing of the mutual mistake, failed to take 'honest, intelligent action or consideration based upon knowledge of the facts and circumstances' presented to it when it denied coverage to Trinity. Tower also failed to take such action or consideration when it failed to inform the court of [the agent's] error and his request for backdating. As a result, Tower failed to act in conformity with its duties" (¶42) (citation omitted).
The court also affirmed the multimillion dollar punitive damages award and set forth the appropriate standard for de novo review, based on Wisconsin and federal case law. "[I]n determining whether an award of punitive damages is excessive, the United States Supreme Court has applied a three-part test. The test asks the reviewing court to weigh: (1) the degree of egregiousness or reprehensibility of the conduct; (2) the disparity between the harm or the potential harm suffered and the punitive damages award; and (3) the difference between the punitive damages and the possible civil or criminal penalties imposed for the conduct" (¶52) (citations omitted). Applying this standard to the facts of this case, the court observed, for instance, that the punitive damages award represented a 7:1 ratio of punitive damages to compensatory damages based on Trinity's evidence (¶65).
Justice Prosser dissented separately on the matter of the propriety of summary judgment on this record. Justice Sykes, joined by Justices Prosser and Wilcox, also dissented, on the ground that the court of appeals had correctly remanded the case for a trial on the bad faith issue. The dissenters also would have overturned the punitive damages award itself.
Juror Qualification - English Comprehension
State v. Carlson, 2003 WI 40 (filed 13 May 2003)
A jury convicted Carlson of second-degree sexual assault. He brought a postconviction motion for a new trial on the ground that one juror lacked an adequate understanding of the English language. The trial court denied the motion, and the court of appeals affirmed.
In a decision authored by Justice Crooks, the supreme court reversed the court of appeals and held that the juror's inadequate grasp of English violated statutes and necessitated a new trial. The postconviction hearing had established that the juror failed to meet the statutory qualifications for jury service set forth in Wis. Stat. section 756.02. The juror's own qualification questionnaire "unequivocally" indicated that he could not understand English, a deficiency further demonstrated by the juror's postconviction testimony (¶22).
Moreover, the trial court "erred as a matter of law in finding that [the juror's] English comprehension was statutorily sufficient" (¶26). In particular, the trial court erroneously emphasized the juror's "citizenship status" and his "survival level" of English comprehension (¶30). Finally, the error was not harmless. "An ability to understand the English language is necessary in order to satisfy the statutory requirements of Wis. Stat. § 756.02 and § 756.04. If a juror cannot meet the statutory requirements, then the entire trial process may be nothing more than an 'exercise in futility'" (¶47).
Chief Justice Abrahamson, joined by Justice Bradley, concurred but wrote separately to emphasize that this case involved a "straightforward example of error for failure to comply with a clear, mandatory statute"; thus, it was unnecessary to set a "statutory threshold for English language comprehension" (¶ 50). Also, the concurring justices said that the majority applied the wrong harmless error standard.
Justice Sykes dissented. "Because the statutory error did not result in an unqualified juror being empanelled on the defendant's case, it appears beyond a reasonable doubt that the error did not contribute to the verdict within the meaning of [prior case law]" (¶90).
Police and Fire Commission Disciplinary Hearings - Use of Hearing Examiners Permitted
Conway v. Board of Police & Fire Commissioners, 2003 WI 53 (filed 3 June 2003)
Wis. Stat. section 62.13(1) and (2)(a) requires cities with a population over 4,000 to establish a board of police and fire commissioners. Section 62.13(5) specifies the procedures that must be followed in disciplinary actions against subordinates employed in the police and fire departments of those municipalities. The statute concludes with an explicit authorization for police and fire commissions to adopt additional rules for the administration of disciplinary proceedings. See Wis. Stat. § 62.13(5)(g).
The Board of Police and Fire Commissioners of the city of Madison adopted a rule that permits hearing examiners, who are not necessarily board members, to conduct both initial and evidentiary hearings in police and fire department disciplinary cases. After taking evidence in the case, the hearing examiner must prepare a comprehensive report for the police and fire commission, including an evaluation of witness credibility and demeanor and recommendations for disposition of the matter. The hearing must be videotaped, and a certified transcript of the hearing must be prepared. After these materials are submitted, the board may require further proceedings in front of either the hearing examiner or the board itself. Ultimately, the board - not the hearing examiner - makes the final decision and determines the disposition of the disciplinary case.
A Madison Fire Department employee challenged the rule allowing for the use of a hearing examiner, claiming that the rule exceeds the fire and police commission's authority under section 62.13(5). The circuit court agreed. However, the court of appeals reversed. See 2002 WI App 135. The court of appeals concluded that the board had the authority under section 62.13(5)(g) to adopt a rule permitting a hearing examiner to carry out the tasks described above, including conducting initial and evidentiary hearings and making a report to the board on the examiner's recommendations. The court of appeals said that the rule "provides practices and rational techniques employed to aid the board [of police and fire commissioners] in fulfilling the objective of providing public [disciplinary] hearings as required by § 62.13(5)" (¶ 13).
In a majority decision authored by Justice Crooks, the supreme court affirmed the court of appeals. It held that the disputed rule plainly comes within the board's express authority to promulgate rules for the administration of Wis. Stat. section 62.13(5) and is consistent with the overall purpose of the statutes. The board's authority to enact a rule allowing hearing examiners to conduct evidentiary hearings is grounded in the express authorization found in section 62.13(5)(g). Said the court, "none of the elements of due process in quasi-judicial administrative hearings are compromised by the appointment of a hearing examiner for the purposes [described above] because the Board, not the hearing examiner, makes the final decision and disposition" (¶ 41).
The majority concluded that its decision is consistent with the supreme court's prior decisions leaving the means of carrying out administrative duties in the hands of the agency involved whenever possible. It is also consistent with the legislature's intent that sections 62.01 to 62.26 be liberally construed in favor of the rights, powers, and privileges of cities, as long as the construction is compatible with the constitution and general law. See Wis. Stat. § 62.04.
Chief Justice Abrahamson filed a dissenting opinion that was joined by Justices Bablitch and Bradley.
Power of Police Departments to Promote Officers to a Higher Rank on a Probationary Basis - Reduction in Rank When Promoted Employee Fails to Successfully Complete a Probationary Period for Performance-Based Reasons - No Right to Just Cause Hearing before Police and Fire Commission
Kraus v. Waukesha Police & Fire Comm'n, 2003 WI 51 (filed 30 May 2003)
A Waukesha police officer was promoted to the position of sergeant "subject to successfully completing the one-year probationary period." Near the end of that probation, the police chief advised the police and fire commission and the officer that the officer had not successfully completed the probation for the position of police sergeant and that he was reappointing the employee to the rank of patrol officer. The failure was performance-based. The employee requested a "just cause" due process hearing in front of the police and fire commission pursuant to Wis. Stat. section 62.13(5)(em), which provides that "no subordinate may be suspended, reduced in rank, suspended and reduced in rank, or removed by the board [of police and fire commissioners] ... unless the board determines whether there is just cause... to sustain the charges."
The Waukesha Police and Fire Commission denied the employee a hearing and the employee appealed. The circuit court affirmed the commission's decision and the court of appeals certified the officer's appeal to the supreme court, which granted certification. In a majority decision authored by Justice Prosser, the supreme court affirmed the circuit court's decision.
The supreme court began its analysis by addressing the question certified to it by the court of appeals as to whether police chiefs and police and fire commissions have the authority to promote officers on a probationary basis. The court held that such authority does exist, provided that the probation is reasonable in duration. In this case, the court concluded that a one-year probationary period is reasonable.
The supreme court further held that if, during the probation following a promotion, a chief concludes that an officer's performance is inadequate or that some other lawful, non-disciplinary reason militates against the officer serving in the higher rank, the chief and the commission may return that officer to the officer's prior rank without a hearing before the commission under section 62.13(5)(em). In this regard, the court contrasted the case of Antisdel v. Oak Creek Police and Fire Commission, 2000 WI 35, wherein it held that when a police officer is promoted subject to probation and then demoted during the probationary period based on disciplinary charges, the officer is entitled to a just cause hearing before the police and fire commission under section 62.13(5)(em).
Finally, the court concluded that an officer who is promoted on a probationary basis but returned during the probation to his or her prior rank for non-disciplinary reasons does not possess a constitutionally protected property interest in the higher rank that would require an alternative type of due process hearing.
Chief Justice Abrahamson filed a dissenting opinion.
Firefighter Promoted on a Probationary Basis - Return to Former Rank for Failure to Successfully Complete Probation for a Non-Disciplinary Reason - Arbitration Not Available
City of Madison v. Wisconsin Employment Relations Comm'n, 2003 WI 52 (filed 30 May 2003)
A Madison Fire Department employee had worked as a firefighter for approximately 18 years when he was promoted to the position of fire apparatus engineer, subject to successful completion of a one-year probationary period. After the employee had been on probation for 11 months, the fire chief informed him that his probation had been revoked and that he was reduced to his former rank of firefighter.
The firefighter filed a grievance seeking reinstatement to the rank of fire apparatus engineer and back pay and benefits associated with the higher rank. The city of Madison declined to arbitrate the grievance, on the grounds that the Wisconsin Statutes and the collective bargaining agreement prohibited arbitration of this issue. The union then filed a prohibited practices complaint with the Wisconsin Employment Relations Commission (WERC). WERC held that the city was obligated to arbitrate the grievance and ordered it to do so. The city sought review in the circuit court, which affirmed WERC's order.
The city appealed to the court of appeals, which certified the case to the supreme court on two issues: 1) whether a firefighter who is promoted on a probationary basis but is returned to his or her former rank for failing to successfully complete probation for a non-disciplinary reason is entitled to a just cause hearing under Wis. Stat. section 62.13(5)(em); and 2) whether the fire chief's decision that a firefighter has not successfully completed probation and therefore is ineligible for a promotion is subject to arbitration.
In a majority decision authored by Justice Sykes, the supreme court reversed the circuit court. With regard to the first certified question, the court concluded, as it did in Kraus v. City of Waukesha Police and Fire Commission, 2003 WI 51 (summarized above) that a police or fire chief may promote employees on a probationary basis and that the "just cause" hearing provisions of section 62.13(5)(em) are not available when an officer promoted on a probationary basis is returned to his or her prior rank for failing to successfully complete probation for non-disciplinary reasons.
With regard to the second certified question, the supreme court concluded that, given the authority vested in the fire chief under section 62.13, as specifically recognized in the parties' collective bargaining agreement, an arbitrator may not substitute his or her judgment for the chief's determination that a firefighter under the chief's command has not successfully completed probation and is therefore not qualified to advance from probationary promotion status to the permanent rank.
Fire and police chiefs and commissions are exclusively empowered to make, and are responsible for, appointment and promotion decisions under section 62.13 in order to "secure the best service" in their respective departments. The supreme court concluded that this statutory scheme does not contemplate that an arbitrator may overrule decisions that are specifically entrusted to the chief and to the commission, and that nothing in the Municipal Employment Relations Act (Wis. Stat. § 111.70) requires such an interpretation of section 62.13.
Moreover, said the court, "the collective bargaining agreement in this case specifically excludes disputes regarding management rights under § 62.13 from arbitration, and any interpretation of the agreement that would effectively transfer to an arbitrator the statutory authority of the chief and the [police and fire commission] to make appointment and promotion decisions would clearly conflict with § 62.13" (¶ 33).
Environmental Contamination - Liability of Asset Sellers and Buyers
Columbia Propane L.P. v. Wisconsin Gas Co., 2003 WI 38 (filed 13 May 2003)
In this action Columbia Propane sought to hold Wisconsin Gas Co. liable for environmental contamination on real estate now owned by Columbia Propane. The contamination was allegedly caused by People's Gas Co., a prior owner of the real estate, which sold the property to Wisconsin Gas in 1960 under an asset purchase agreement. Columbia Propane later purchased the property from Wisconsin Gas.
The state brought an action against Columbia Propane for the contamination caused by People's Gas. Columbia Propane then brought an action against Wisconsin Gas, alleging that Wisconsin Gas was liable for the environmental contamination because Wisconsin Gas had assumed all People's Gas liabilities when it purchased the People's Gas assets.
The circuit court entered summary judgment in favor of Wisconsin Gas. However, the court of appeals reversed, concluding that the language in the asset purchase agreement between People's Gas and Wisconsin Gas was ambiguous regarding whether Wisconsin Gas agreed to assume unknown tort liabilities. See 2002 WI App 9.
In a unanimous decision authored by Justice Bablitch, the supreme court reversed the court of appeals.
The supreme court framed the issue as whether a company that acquires the assets of another company via an asset purchase agreement is liable for the liabilities of the selling company that are unknown to either party at the time they enter into the agreement. In this case the court concluded that Wisconsin Gas did not assume People's Gas liabilities that were unknown to either party at the time they entered into the asset purchase agreement. The court based this conclusion on 1) the general rule of non-liability for purchasing corporations in the context of asset purchase agreements, 2) the express language in the asset purchase agreement between Wisconsin Gas and People's Gas, and 3) the common interpretation and use of asset purchase agreements in the business community.
With respect to asset purchase agreements, the court specifically stated that "it is important that we not blur, but rather maintain, the well-established and fundamental distinction between an asset purchase and a stock purchase. As described by one commentator, 'asset purchases feature the advantage of specifying the assets to be acquired and the liabilities to be assumed'" (¶ 22, citing 10 U. Miami Bus. L. Rev. 145 (2002)). The court went on to quote the following from the same source:
"An important reason for structuring an acquisition as an asset transaction is the desire on the part of a buyer to limit its responsibility for liabilities, particularly unknown or contingent liabilities.
"Unlike a stock purchase or statutory combination, where the acquired corporation retains all of its liabilities and obligations, known and unknown, the buyer in an asset purchase has an opportunity to determine which liabilities of the seller it will contractually assume" (Id.).
Justice Wilcox did not participate in this decision.
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Home»News»Gibson launches Alvin Lee's '69 Festival' Replica ES-335 Big Red Guitar
Gibson launches Alvin Lee's '69 Festival' Replica ES-335 Big Red Guitar
By David Scott November 8, 2019 Updated: April 9, 2020 No Comments6 Mins Read
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The art of the luthier reaches its zenith with this beautifully constructed custom guitar from the master craftsmen at Gibson whose passion, perfection and precision are evident in their prized instrument. To make an identical replica of what a 60-year-old ES-335 looked like at Woodstock in 1969 is an achievement of pure genius. The aging cherry wood adds to the distressed appearance, the scratches are consistent with years of hard playing and the guitar is authentic in every detail including the famous sticker motifs. Gibson has made 50 limited edition signature replicas of this fabled '69 Festival' axe. The famous Nashville guitar company had previously nominated Lee as the greatest musician ever to play that particular model, deservedly ahead of Chuck Berry and BB King. This commemorative Big Red guitar is an important legacy considering the outpourings of grief and universal respect for the legendary musician who passed away in 2013 at the peak of his creativity.
In the mid to late 1960s Alvin Lee, as vocalist and guitarist in the UK provincial band Ten Years After, was already gaining the moniker of "Captain Speed Fingers." While his talents and reputation had not made much impact across the pond all that would change on the final evening of the 1969 Woodstock Festival in New York. Ten Years After were at the forefront of the British blues-rock explosion, and they closed their phenomenal set with the titanic rock and roll epic "I'm Going Home." At the center of the maelstrom was this guitar virtuoso Alvin Lee whose spellbinding fretwork of unprecedented velocity mesmerized the 500,000 festival crowd. Woodstock and the subsequent soundtrack and film recordings focusing on Lee's scintillating solo accelerated his status to that of icon. He would become a worthy member of the pantheon of guitar gods, among Clapton, Hendrix and Gallagher. It is now 50 years since the festival which captured the spirit and sound of the hippie era and changed the world, so it is perfect timing for "the guitar that ate Woodstock" and its owner to be celebrated by Gibson.
Loraine Burgon was Alvin's girlfriend at the time of his Woodstock experience and she remembers vividly what it meant to him and Big Red in this unique account:
Alvin's pent-up energy from waiting so many hours to start playing after the storm resulted in an intense and extraordinary set from the word go. Initially there were some technical issues with the tuning because of all the atmospheric damp. This only served to increase the band's energy, drive and bite. Alvin sang from the depth of his being and played like a force of nature; watching him as I had for many years, he seemed further transformed at Woodstock. Big Red was a part of his body over which he had complete mastery, moving from slow, drawn-out feedback to mind-blowing speed and dexterity. Sometimes head-to-head with Leo's pounding bass, the two of them caught up together in pushing the music as far as they could. Tracks such as "I Can't Keep from Crying," written by Al Kooper, had developed over the previous three years from five to twenty minutes. Alvin's solo travelled from fast, tight complex patterns to a climax that included de-tuning and gradually re-tuning the low E string in rhythmical steps to the highest end of the top E string. Shredding, bending the strings, working with his hands and Big Red, through the Marshall set-up produced sonic extremes. Alvin never used foot pedals, or effects boxes on stage, Big Red went straight into his Marshall amp and the rest was technique. Their closing track "I'm Going Home" was a song Alvin had written for me some years earlier in Scandinavia, when there was no money for me to travel with him. It's the track that was featured in the Woodstock film documentary, and a chance for me to dance and sweat out any remaining energy. In the middle of it there is a medley of rock and roll classics that took Alvin and bass player Leo right back to their teens in The Jaybirds in Nottingham. One final intense, sweaty workout triumphantly ended a completely magical set. The audience had danced, screamed, shouted and sung along. Woodstock was not the only festival they played that summer, but it was the biggest stoned, hip audience, the most extreme, extraordinary event. There were no logos on tee shirts at Woodstock and the message everywhere, painted on signs, flags and faces was Peace and Love.
Alvin once declared his famous Gibson ES-335 to be "the best investment I ever made: I bought it for £45 in Nottingham and it even had a fitted case." Although the guitar has been referred to as a 1958 or 1959 model, it's impossible to know the year of its make. The neck was replaced in the early 1970s after Lee broke the original at the Marquee in London, England, after accidentally ramming it into the club's low ceiling. Perhaps the guitar's most distinguishing features are the stickers on its body, some of which have been in place since Woodstock. "They just got thrown on, actually," Lee explained. "But when I broke the neck at the Marquee, I sent it back to Gibson for repair, and when it was returned they had lacquered over all the stickers so they couldn't come off." Alvin treated Big Red with respect, changing strings before each performance and maintaining it to a meticulous standard.
It does not end there, however, as the next stage in this remarkable history of Big Red has yet to be determined. It has been kept in a vault for many years since Alvin was offered half a million pounds for it. His family has recently decided to sell the guitar on which Lee's nimble fingers had weaved his magic and it is being sold by www.rockstarsguitars.com. Its place in rock and blues history is unique as Lee's undisputed favorite main guitar on stage and in the recording studio. Having defined a generation and stolen the show at the biggest festival in the world, Big Red is heading to a new home. Given that the Woodstock guitar played by Jimi Hendrix fetched $2 million at auction, what is the value of this original Gibson E-335 modified and customized by Alvin over four decades? The answer to that question is eagerly awaited.
For readers interested in the technical specifications, the Festival model features a three-ply maple/poplar/maple body with an aged sixties cherry finish, a solid mahogany neck with an authentic medium C-Shape profile and an Indian rosewood fret board with a hide glue fit. Pickups-wise, it has uncovered Alnico III Custombuckers in the neck and bridge, plus a Seymour Duncan SSL-1 in the middle position. Elsewhere, there's a No-Wire ABR-1 bridge, Bigsby B-7 tailpiece and Kluson Single Line, Single Ring Tulip tuners.
Here is Joe Bonamassa playing Big Red:
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redpajama_set_name: RedPajamaCommonCrawl


It seems like advertisers are telling me all the time what I deserve. You deserve a vacation. You deserve luxury. You deserve the best. They're trying to get at my inner self, that thinks that "yeah, I have worked hard. Oh yeah, I am a special person. So I shouldn't worry about spending extra money on nice things for myself." And buy their products.
See, for us, we so often focus on those good things that we think we do. Not often do we really do them. God truly expects us to do good things in thought, word, and deed all of the time, not just on occasion. When we use that as a standard we see we've fallen incredibly short. What we do deserve is really judgment, punishment for our sins and disobedience and failures to be perfect.
He does not treat us as our sins deserve.
Instead of giving us the punishment that we deserve God has placed that punishment on Jesus and in Jesus we have forgiveness. In Jesus God gives us only the best: eternal life forever in heaven. Thanks be to God for not giving you what you deserve, but by His grace giving you an internal inheritance. Amen.


text:
Q: map two ruby arrays together in sequence I have these two arrays:
array1 = [1,2,3,4,5]
array2 = ['aaa','bbb','ccc']

I'm iterating over the first array:
array1.each do |item|
  puts "#{item} = #{<what I can't figure out>}"...
end

I want to be able to assign the values of array2 sequentially to the values of array1 in the loop, so that the result of the block would be:
1 = 'aaa'
2 = 'bbb'
3 = 'ccc'
4 = 'aaa'
5 = 'bbb'

And so on so that the second array cycles through in sequence to the items in the first.
I don't math so well, but it seems like there would be a function that would do this.

A: Try this one
array1 = [1,2,3,4,5]
array2 = ['aaa','bbb','ccc'].cycle

array1.each do |item|
  puts "#{item} = #{array2.next}"
end

A: I prefer @Ursus' use of Array#cycle, but you could also write the following.
arr1 = [1,2,3,4,5]
arr2 = ['aaa','bbb','ccc']

arr1.each_with_index { |item,i| puts "%i = %s" % [item, arr2[i % arr2.size]] }
1 = aaa
2 = bbb
3 = ccc
4 = aaa
5 = bbb

A: zip could be useful here:
array1 = [1,2,3,4,5]
array2 = ['aaa','bbb','ccc']

puts array1.zip(array2.cycle).map { |n,s| "#{n} = #{s}" }
#1 = aaa
#2 = bbb
#3 = ccc
#4 = aaa
#5 = bbb
#=> nil

A: if they are the same size:
array1.size.times do |i|
  puts "#{array1[i]} = #{array2[i]}"
end

Easy to read and can bring extend to array3, so on

A: Using modulo operator:
array1 = [1,2,3,4,5]
array2 = ['aaa','bbb','ccc']

for i in (0..(array1.count-1))
  puts "#{array1[i]} = #{array2[i % array2.count]}"
end

redpajama_set_name: RedPajamaStackExchange


Selecting or altering test procedures, conditions, values, tolerances, measures of failure, etc., to simulate or exaggerate the environmental effects of one or more forcing functions.
The amount of drift, in percent of full scale output, that might result from a 1[DEGREE]C change in ambient temperature.
The temperatures between which a sensor will operate accurately.
For a signal, the ratio of the sum of the powers of all harmonic frequencies above the fundamental frequency to the power of the fundamental frequency.
Subjecting a product to predetermined temperature changes, between hot and cold extremes.
Location in direction of a shaft centerline. See axial position.
In a DSA, averaging of time records that results in reduction of asynchronous components.
In a DSA, the sampled time data converted to the frequency domain by the FFT. Most DSAs use a time record of 1024 samples.
Amplitude modulation of torque measured in degrees peak-to-peak referenced to the axis of shaft rotation.
A narrow band-pass filter whose center frequency follows an external synchronizing signal.
A low-pass or band-pass filter which automatically tracks the input signal. A tracking filter is usually required for aliasing protection when data sampling is controlled externally.
A device which converts some mechanical quantity into an electrical signal. Less commonly, the reverse conversion./ A device for translating the magnitude of one quantity into another quantity./ An element or device which receives information in the form of one quantity and converts it to information in the same or an other quantity or form. Primary elements and transmitters are also referred to as transducers.
The behavior of a variable during transition between two steady-states.
Temporarily sustained vibration of a mechanical system. It may consist of forced or free vibration or both. Typically this is associated with changes in machine operating condition such as speed, load, etc. / Transient vibration Short-term vibration of a mechanical system.
In steady-state vibration, Tr is the non-dimensional ratio of response motion/input motion: two displacements, two velocities or two accelerations. The maximum Tr value is the mechanical "Q" of a system. At resonance, Tr is maximum.
A transducer which responds to a measured variable by means of a sensing element, and converts it to a standardized transmission signal which is a function only of the values of the measured variable.
The unfortunate sensitivity of a sensor (or pickup or transducer) in a direction perpendicular to the advertised or stated sensitive axis. Also called cross-axis or lateral sensitivity.
Any event which can be used as a timing reference. In a DSA, a trigger can be used to initiate a measurement.
Unequal mass distribution on a rotor. The mass centerline does not coincide with the rotation or geometric centerline.
In a DSA, a window function with uniform weighting across the time record. This window does not protect against leakage, and should be used only with transient signals contained completely within the time record.
The highest value of the measured variable that a device can be adjusted to measure. (This value corresponds to the top of the range.) Also Universal Resource Location on the web.
Universal Serial Bus. USB data acquisition devices are ideal for a variety of applications from simple data logging to embedded OEM systems. The SignalCalc ACE powered by Quattro is an example of a USB data acquisition product.
Unit under test. See also DUT or device under test (being tested).
Any condition which is measured, controlled (directly or indirectly) or manipulated.
A quantity which has both magnitude and direction (phase).
Rate of change of displacement with time, usually along a specified axis; it may refer to angular motion as well as to axial motion.
A limit on the rate of change, which a particular variable may not exceed.
Mechanical oscillation or motion about a reference point of equilibrium. / A periodic motion or oscillation of an element, device, or system.
An apparatus (usually an electronic amplifier, detector and readout meter) for measuring electrical signals from vibration sensors. May display displacement, velocity and/or acceleration.
Also called mechanomyography or acoustic myography. The measurement of muscle vibration when a muscle contracts.
The electrical potential difference between two points in a circuit. One volt is the potential needed to move one coulomb of charge between two points while using one joule of energy.


Baker, J. (2018). Untitled poem. Bottle Rockets, Windsor, CT (2018).
Baker, J. (2015). Poem "The Lost Egret". Adanna Literary Journal (2015).
Baker, J. (2015). Poems "Through the Window" and "Certainty.". San Diego Poetry Annual Anthology 2015.
Baker, J. (2015). Poem "Two Hearts.". Magee Park Poets Anthology 2015.
Baker, J. (2017). Featured Poet. Words and Music Poetry Series..
Baker, J. (2011). Featured poet, with John Fox (President, Institute for Poetic Medicine), Lynn Pollack, and Jim Hornsby. My Looking Ripens Things (2011).
Baker, J. (2014). Return the Root. Art presented at the .
Baker, J. (2014). Stretch the Earth. Art presented at the .
Baker, J. (2013). With Mother at Hot Springs. Art presented at the , Black Earth, WI.


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text:
06.03.2010 Letters
Handling of Town Hall mold all wrong
After reading the article, "Big stink on Town Board over mold cleanup contract" and the letter from the Riverhead Republican Committee's chairwoman, Nancy Reyer, I felt compelled to write.
It does not take a rocket scientist to know that after the flooding that occurred in Riverhead Town in March, causing massive damage to town facilities and approximately 2/3 of the town, that mold would potentially appear. For the supervisor to wait six weeks from the storm and then declare an "emergency" on town facilities and authorize a contract without going through the required bid process is poor judgement and poor management. Preparation should have been done immediately, maybe even while water cleanup was being completed by town employees, to ensure that mold would not occur. It also doesn't pass the smell test to authorize the contract to a staff member's relative without disclosing the information to the entire Town Board. In politics, perception is everything and ethics is a must.
I agree with Mr. Walter that an individual or company should not be penalized because they are related to a town employee. But I don't agree that contracts should be awarded when that information is not disclosed; it gives the impression of impropriety. Disclosure forms are part of every bid process and as a past deputy town attorney, Mr. Walter knows that. He would have immediately known of the family connections between the cleaning company's owner and his secretary, whose husband is a Zoning Board of Appeals member.
I applaud Town Board members Jodi Giglio and George Gabrielsen for abstaining from a vote on a contract they felt may have had serious flaws. Questions need to be asked and answered with respect when addressed by any Town Board member, whether he or she is the supervisor or a councilperson. Making threats of someone only makes me think that something more is being covered up other than mold. Do we really have a "mold-gate" problem?
As a past Town Board member and elected supervisor, I have firsthand knowledge of emergency situations and the procedures that should be followed when addressing them. In many cases, it's not what the facts are, but how the facts are perceived.
As a Republican in Riverhead, I am also concerned that Ms. Reyer would publicly state in your paper that she "apologizes" for her "junior council members" for making this a political issue. It would seem Ms. Reyer believes the members of the Town Board should all vote along with the wishes of her and the supervisor. When questions are not answered to the satisfaction of any board member, they have a right to abstain from a vote and demand flaws be corrected. The Town Board represents all residents. So I ask Ms. Reyer, "Who is making this political?" As for Ms. Giglio and Mr. Gabrielsen being junior council members, I would only suggest that someone from the Republican Party apologize for the actions of our freshman party leader.
The Town Board has a tremendous responsibility that has been entrusted to them by Riverhead residents. They must move forward and conduct themselves with integrity and respect for the office each holds, and for each other. The people of Riverhead deserve and demand nothing less.
former Riverhead supervisor and councilman
Supe isn't in office to help pals
As vice chairman of the Riverhead Democratic Committee, and a former supervisor of Riverhead Town, I know the supervisor's job is not an easy one. However, no one is above the law, not even the supervisor.
Riverhead Supervisor Sean Walter's attempt to work things out for his political supporters at Great Rock Golf Course (see campaign contributions to Friends of Sean Walter) violates the law. Contract zoning, even for an alleged public purpose, is not legal. Re-zoning, which violates the Master Plan, is also illegal.
And the supervisor should know that.
The supervisor's attempt to help his political supporters also violates common sense. Why bother with Master Plan zoning at all if you then violate it to prop up failing businesses? What can we expect next as our home values decline, a 7-Eleven on every residential corner owned by the supervisor's campaign supporters?
Vinny Villella
It sure does smell in Town Hall
Last week's front-page article, "Big stink on Town Board over mold cleanup contract," was aptly headlined. Supervisor Sean Walter's giving a no-bid contract to a relative of his campaign treasurer and his "threatening one of his board members politically if she didn't go along," certainly does "stink".
What stinks more is Mr. Walter's expecting us to believe he didn't know about the connection, even though his campaign treasurer works in his office.
What stinks most is Riverhead Republican Chairwoman Nancy Reyer's announcement that she is "proud of the supervisor" and "apologizing" for "my junior council members" who tried to block the supervisor's improper action.
Phil Piegari
Let's start our own car show protest
Regarding the end of Wading River Cruise Night, the public should protest by not shopping at the King Kullen shopping center on Thursday nights. Property owner Charles Serota states his tenants were complaining that too many parking spots were being taken up. Judging by your coverage, the owner of Ace Hardware isn't to blame, so who are the tenants complaining? King Kullen has too many empty spots on a regular basis. The gym has lots of healthy people and for those in need of exercise, parking far away has always been encouraged, even by Weight Watchers. Mr. Serota, you should allow this harmless gathering of car enthusiasts; you're being childish. It's not a bunch of kids causing problems or intimidating patrons. The Cruise Night belongs in Wading River, not the Riverhead waterfront. Western Riverhead residents need something on this side of town.
Featured Letter: America has put justice to sleep
How long must we continue to endure daily abuses, daily mistreatment and daily injustices? How many more of our...
A message from the Riverhead BID
As we are well aware, the effects of COVID-19 are unsettling, and our thoughts are with those who are...
Featured Letter: When we were in need, first responders were there for us
To the editor: On the evening of Jan. 13, I got a call no husband or father ever wants:...
Featured Letter: A trip to the DMV provides a glimpse to an onerous future
To the editor: So last week I drove to the DMV to get my license renewed. Wanting to get...
Featured Letter: If Riverhead can clear land for shopping, it can allow for more solar farms
To the editor: I read the article in the News-Review of Jan. 16, 2020, concerning solar farms in Riverhead...
Featured Letter: Defending my record on code enforcement
At night, in the void and the dark, you can hear the sound of crickets.


Finding tight focus in variations of perception not just of reality but of the objects we are surrounded with. Radical Lines also hones in on the individual's reactions to the flux of time and circumstance, and how such change ripples inside the mind to alter emotions and perceptions.
Steven Maybury's work is process-based and challenges how we perceive drawing and the reproduced image. Drawing large-scale meticulous line drawings using pencil, paper and found objects, he then photographs the drawings to produce a digitized version. These are inverted to create an obvious transformation from the hand drawn to the photographic. These images appropriate the drawings form, challenging the value, labour and aesthetic of the drawings as well as the digital images. The curious inverted scenes question the idea of the artwork and the reproduction of work. Challenging our perception of drawing andline as it creates an effortless substitute, which in turn embraces and celebrates something new. The reproduced images not only question the values of our corporeal interactions with artwork and the photographic, but everything that surrounds us including the reproduced image.
'Even the most perfect reproduction of a work of art is lacking in one element: its presence in time and space, its unique existence at the place where it happens to be' Walter Benjamin (1968).


text:
Dr. James Beckett selected as winner of 2022 SABR Jefferson Burdick Award
February 18, 2022 /in Headlines /by sabr
Dr. James Beckett was selected as the winner of the 2022 Jefferson Burdick Award, which honors individuals who have made significant contributions to the baseball card hobby, by SABR's Baseball Cards Research Committee.
For an entire generation of collectors beginning in 1984, cracking open the latest Beckett Monthly was a ritual as exciting if not more than ripping actual packs of cards. Which new players made the Hot List? How much did the year's most expensive rookie cards go up? Instant access to the latest prices, which almost always went up, rarely down, surely had its drawbacks. What collector of a certain age doesn't regret trading away a prized Sandy Koufax or Henry Aaron for high numbers Todd Zeile or Donruss Eric Davis rookie?
After nearly four decades as the CEO of Beckett Inc., Dr. James Beckett built what can rightly be called a multisport hobby empire, one that today includes publications, grading services, livestreams, a marketplace, and a large, vibrant collecting community.
Click here to read more about Beckett's career and legacy at the SABR Baseball Cards Blog.
Jefferson R. Burdick (1900–63) was a pioneer card collector whose invented classifications still govern the hobby; he donated his enormous collection to the Metropolitan Museum of Art, where it remains one of the most popular destinations for researchers. He created The American Card Catalog, the bible of the hobby, and tribute is paid to his lifelong work whenever anyone brings up T-206 or N-162 or other codes common in card collecting. To learn more about his life and legacy, click here.
To learn more about the Burdick Award, click here.
On August 28, 2022, a virtual Jefferson Burdick Award ceremony was held via Zoom to honor Dr. James Beckett. Click here to watch a replay on YouTube.
Originally published: February 18, 2022. Last Updated: August 30, 2022.
https://sabr.org/wp-content/uploads/2022/02/Beckett-James-2005.jpg 248 350 sabr /wp-content/uploads/2020/02/sabr_logo.png sabr2022-02-18 14:14:352022-08-30 10:37:06Dr. James Beckett selected as winner of 2022 SABR Jefferson Burdick Award


text:
New Brunswick's Grand Manan Island will have ferry service for New Year's Day
Thu., Dec. 27, 2018timer1 min. read
GRAND MANAN, N.B.—Residents of New Brunswick's Grand Manan Island will see ferry service on New Year's Day.
The provincial Department of Transportation says it is partnering with Coastal Transport Ltd. to provide the one day round trip on Tuesday.
The pilot project follows a request from the Village of Grand Manan.
A ferry will depart Grand Manan at 11:30 a.m. on Jan. 1 and will also depart Blacks Harbour, N.B., at 1:30 p.m.
The department says the run will help to determine the demand in future years.
In a news release, Transportation Minister Bill Oliver says the government believes the ferry system is important to the province.
"We understand that many people travel to visit friends and family during the holiday season and may need to travel between Grand Manan and the mainland on New Year's Day," said Oliver. "We are pleased to offer this service for the first time."
The provincial government owns 13 ferries. Eight river ferries are managed by the department, and five coastal ferries are managed through a public-private partnership with Coastal Transport Ltd.


text:
Q: Fluentd match tag wildcard pattern matching patterns below it too? In the Fluentd config file I have a configuration as such
<match a.b.**.stag>
and below it there is another match tag as follows
<match a.b.c.d.**>
Now as per documentation ** will match zero or more tag parts. However I am a bit suspicious that whether the second tag will ever be matched or the event will gobbled up by first <match> itself. What I want to confirm is that the first tag will match the events which would have otherwise matched second event or not?
The targeted events for second match do NOT have stag in them
but rest of the things are same as the first match tag target events.

A:
What I want to confirm is that the first tag will match the events which would have otherwise matched second event or not?

It really depends on the input, so: No, this is not the case in general.
+--------------+------------------------+-----------------------+
| Tag          | Matched by a.b.**.stag | Matched by a.b.c.d.** |
+--------------+------------------------+-----------------------+
| a.b.c.stag   | X                      |                       |
| a.b.c.d.stag | X                      | X                     |
| a.b.c.d.e    |                        | X                     |
| a.b.c.stag.e |                        |                       |
+--------------+------------------------+-----------------------+

As a general rule though, define wide matches after tight matches.
If you need a match to rule out specific tags that should not be accepted by a following tighter match (e.g. if you don't want your second match to contain any tags with stag), consider using pattern lists:
<match a.b.c.stag a.b.d.stag>
or pattern combinations:
<match a.b.{c,d.*}.stag>
These are just examples since I don't know the scope of all possible tags.


text:
Cloud Jobs
About Accenture in India
Inclusion & Diversity in India
Current Country: India
Vaahini
Women in leadership: Driving the conversation
VIEW FULL REPORT
India ranks 12th in female representation on company boards, according to this report. It shows that 55 percent of 628 listed companies that were surveyed have women as directors on their boards, which is 14 percent higher than last year. This is an encouraging sign that organizations are committed to prioritizing gender diversity in the boardroom.
This could not have been possible without the focus on diversity and inclusion within organizations and the many conversations around them. More often than not we underestimate the power of communication. But conversations make us think. And act. One of many such conversations at the workplace revolves around the action plan to hire, leverage and promote women leaders. As each year brings new challenges, here's how leaders can broaden the conversation around women in leadership.
Show empathy, not sympathy
Empathy should be embedded in an organization's culture. However, a lot of us unconsciously slip into sympathy mode when it comes to female employees. Consider a situation where a female team member is facing difficulty at home trying to manage the pressure of board exams of her teenager along with work demands.
At this time, if the manager just lends a listening ear, it would be sympathy. What's needed here is empathy, where the manager looks at the problem from the woman's perspective and provides solutions to her for managing the situation. This could mean anything from giving her time off without judgement to flexible working conditions that allow her to deliver her best. Thus, empathy leads to problem solving, whereas sympathy is merely a placebo.
Set targets and take action
A lot of conversations and decisions on women's leadership need quick action. This includes mandating women candidates in recruitment processes, women-specific leadership development programs and managing gender ratios at work, to name a few. This is where leaders at all levels can step in to drive the conversation. When we talk about something constantly, diligently, and keep working on it, it eventually becomes a habit. It becomes normal.
What leaders can also do is mix and match teams and create a buddy system where they consciously match different genders for projects, coaching and mentoring, training and workshops. It sets an example for future leaders and all employees in the team.
Let women mentor other women
Women leaders who have paved their way to prominent positions in an organization are an inspiration to a lot of other women. Women leaders should definitely be included in coaching and mentoring programs within their organizations. The reason why this is important is that these women understand the struggles associated with gender and it will be possible for them to guide their mentees positively, thus creating women leaders of the future.
Driving the conversation
The more we talk about it, the more we think and the more we do. Here's how we can broaden the conversation around women leadership.
VIEW THE INFOGRAPHIC
Acknowledge and eliminate bias
We all have unconscious biases. Acknowledging these biases is the first step to removing them. Look for the blind spots and help your teams become aware of their biases. Speak openly about them so that people recognize these biases, understand them and overcome them.
Harness the power of women's networks
Most organizations have a women's network. However, many times it's not leveraged as it should be. Leaders need to be active members of these groups. Taking the lead on initiating activities and events will give space to have more conversations with people in and outside the team. It will inspire more and more employees to enthusiastically work for such resource groups. As they do this, perceptions break down to give way to new thoughts and ideas that can help promote women leaders.
Normalize a non-linear career
A lot of women quit the workforce right at the cusp of entering leadership positions. This may be due to multiple reasons—childbirth, family, taking care of aging parents, illness, among others. It may take a couple of years for them to be able to come back to the workplace. Leaders must recognize the gap as productive and give opportunities to women to return to work. It is also important to utilize all platforms to normalize conversations around this.
While organizations are taking the right steps to bring more women to leadership positions, we still have a long way to go. The onus lies on the leaders of today to make way for future women leaders and to drive the conversation around women in leadership. After all, "the more we talk, the more we think, and the more we do."
Digital wellness for your team
Including women in succession planning is a must
Women and leadership, real lives, real lessons
Join the Vaahini Network, a networking forum for women professionals, enabled by Accenture to further enrich you with varied perspectives it offers.


text:
Q: Performing a check in XSL I am trying to perform a check on individual nodes of an XML file, and depending on the contents of a specific node do something, for example if the type is bool display a checkbox or if the type is text display a textarea or a pull down options box.
For example:
<Questions>
<Question>
<Data>What gender are you?</Data>
<Type>pulldown</Type>
</Question>
<Question>
<Data>Do you like Chocolate?</Data>
<Type>checkbox</Type>
</Question>
</Questions>

Thanks in advance
Im not sure if i should be using xsl:choose/xsl:when or xsl:if

A: <xsl:choose> can and should always be avoided if possible.
This XSLT transformation demonstrates how to process different Question types in a different way without any hardwired conditional logic:
<xsl:stylesheet version="1.0"
 xmlns:xsl="http://www.w3.org/1999/XSL/Transform">
 <xsl:output omit-xml-declaration="yes" indent="yes"/>

 <xsl:template match="Question[Type='pulldown']">
   <!-- Implement pull-down here -->
 </xsl:template>

 <xsl:template match="Question[Type='checkbox']">
   <!-- Implement checkbox here -->
 </xsl:template>
</xsl:stylesheet>

<xsl:choose> should be aboided due to the same reason that makes us in OOP avoid the switch(type) statement and use virtual functions instead. This makes the code shorter, reduces the possibility of making an error, is tremendously more extendable and maintainable, supports future code even before it is written.

A: The construct that appears to be most suitable to your needs is xsl:choose:
<xsl:template match="Question">
 <xsl:choose>
  <xsl:when test="Type = 'checkbox'">
      <!-- output checkbox code -->
  </xsl:when>
  <xsl:when test="Type = 'pulldown'">
      <!-- output pulldown code -->
  </xsl:when>
  <xsl:otherwise>
      <!-- output default code -->
  </xsl:otherwise>
 </xsl:choose>
</xsl:template>


text:
ViaSat vows to continue the fight to prevent European Aviation Network
ViaSat, which has taken legal action to prevent the launch of the European Aviation Network as conceived by Inmarsat, is vowing to continue the battle, despite statements from Inmarsat that the go-live date for EAN-supported inflight connectivity service for airlines is "imminent".
The Carlsbad, California-based satellite operator and service provider – which was joined in the suit by partner Eutelsat, and publicly supported by Panasonic Avionics – argues that the ground portion of the hybrid ATG/S-band network "is supposed to be complementary to the satellite" not the primary means of transmitting data. ViaSat president and chief operating officer Rick Baldridge suggests that the vast majority of EAN – "over 90%" per Inmarsat's "public information" – will be supported by the terrestrial side of the network, and does not meet the parameters of the original MSS license.
Eutelsat director of spectrum management policy Wladimir Bocquet says, "We are not against ATG; we're against implementing ATG in a satellite band, the S-band…"
The two firms felt compelled to act after the EC issued an initial letter "that looked like it had authorized the use of this network and they retreated from that, and at that time they delegated this to the member states", explains Baldridge. "And so that's when our team went over and began briefing both the EC and went to see some of the very influential member states as part of that process, and what we told the EC is 'if you're going to continue down that path, we have no other choice than to file a claim'. They weren't happy about that. [They informed us] it 'will change the way we communicate with you going forward but we understand your position'."
In meeting with the various member states, he says, "some of them completely agree with our position in the EC, but what they've been told to do is to issue licenses in accordance with the initial way the original license [was stipulated] and enforce it that way and so we felt we had an education job to do with the member states to let them know what enforcement looks like and it's completely inconsistent with Inmarsat's public data."
Baldridge believes ViaSat and Eutelsat "have a very strong position". Belgium was the first to move forward with sanctioning Inmarsat's EAN plan, he says. "We filed an appeal in Belgium; they were one of three to move forward and we will continue that, the legal path of objecting to this. I personally have read all of the requirements associated with the initial license, and there is zero chance that [Inmarsat is] adhering to this. [We're asking:] 'are you a regulator or not, and if you are, and you're going to hold them accountable to the conditions of the license agreement, what are the enforcement rules?' [We're] just trying to hold Inmarsat accountable to the parameters of the original license and if they do that, they cannot operate this ground network as they're planning."
Leo Mondale, president of Inmarsat Aviation, recently described ViaSat and Eutelsat's efforts to RGN as "pretty obviously sore loser behavior". He suggested, "Eutelsat had a license just like Inmarsat's at one point and couldn't find anything to do with it, and they were proposing to do 5G or 4G service with it way back when. I think they're complaining now because they weren't able to build a business case around the band, which has always been hybrid terrestrial. So it's very late in the process and frankly hypocritical to say you're [fighting] something that [you] didn't do basically. We already have the bulk of the regulatory approvals and expect the remaining ones to complete in the next few months so we don't see it changing."
But Eutelsat's Bocquet says there is more to the story, including that, in 2008 when the EC selected two candidates for S-band licenses – Inmarsat and Solaris (a JV at the time between SES and Eutelsat) –"the selection was very clear. You needed to articulate a number of elements what you were planning to do for the MSS – the MSS part is key in this topic. So you had to describe what you were doing with MSS services, and there were a number of milestones and obligations associated with the license." In 2014 Solaris was sold to EchoStar.
"What we have seen recently coming from EAN and Inmarsat is a completely different picture of the regulations. As we understand the regulations," says Bocquet. He echo's Baldridge's comment that ATG was supposed to be complementary. "Now what we have seen from our own analysis, over 95% of the signal and data will be transmitted from terrestrial, and less than 5% from the satellite."
He says France, the UK, Germany and the Netherlands have not yet given the all-clear to Inmarsat. There is currently a consultation in France "where we're planning also to respond, and [are] in contact with a number of regulators so what we're trying to do is make sure we have the right understanding of what's happening and interpret the regulations, but one of the key elements here is the action of the ATG".
Asked by RGN if these four countries have not approved the EAN, Inmarsat spokeswoman Mary Whenman says: "The claim lodged by ViaSat, Inc. against the European Commission is based on arguments previously put forward to the European Commission and national regulators without success.
"Inmarsat considers ViaSat, Inc.'s assertions to be entirely without merit. We are ready to intervene in this process and evidence the correctness of the Inmarsat use of the 2 GHz spectrum in accordance with the MSS Decision."
She continues, "Despite attempts '…to slow this thing down' – a public reference to EAN made by ViaSat, Inc.'s CEO [Space Intel Report – 20 June 2017] – the European Aviation Network remains on schedule to commence commercial services this year.
"Inmarsat believes that ViaSat, Inc.'s allegations are intended solely to undermine Inmarsat's legitimate business interests, while strengthening their own position in the competitive tender processes that are currently underway with European airlines."
ViaSat and Inmarsat are competing for European airline contracts; both sides have won business, with ViaSat recently adding Finnair and SAS to its roster of clients for high-capacity Ka-band satellite connectivity via the Eutelsat KA-SAT satellite (its global plan entails the ViaSat-2 satellite with coverage over the North Atlantic, pictured at top) and Inmarsat tapped to provide EAN service to IAG and Lufthansa. IAG's British Airways is expected to launch the service.
Baldridge says ViaSat's argument to regulators is also consumer focused. He says "the low-cost install" of EAN kit on aircraft, makes it "pretty attractive to the buyer. Once they get on, they have this stranglehold on the consumer and it's the consumer getting hurt here. That's what we've seen in the US…"
He assures that "yes, we will" fight EAN on a member state level and push for enforcement. "The reason why they [EC] gave the original license was to harmonize the spectrum across the EC and they're not doing that job now."
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Home Life Community One Young Journalist Against the Soviet Lies and the Western Cover-Up of...
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One Young Journalist Against the Soviet Lies and the Western Cover-Up of the Holodomor
New Pathway
On October 16, 2015, the Ukrainian National Federation's Hall on 145 Evans Ave. in Toronto hosted a launch of the book ""Tell Them We Are Starving"– The 1933 Diaries of Gareth Jones" edited by Lubomyr Luciuk. Lubomyr Luciuk is a Canadian academic and author in the field of political geography and Ukrainian history. He is currently a full professor at the Royal Military College of Canada in Kingston, ON. This latest book is a result of Professor Luciuk's long-term research of the role that a Welsh journalist, Gareth Jones, played in shedding light on one of the most covered-up genocides in the global history, the Holodomor of Ukrainians in 1932-33.
The gripping story of Gareth Jones' travel to Ukraine in 1933, what followed that travel, and how it all is affecting our present, which Lubomyr Luciuk told the New Pathway, is well worth being put on our front page.
Gareth Jones traveled to Ukraine in March 1933. The journalist was interested in the Soviet Union, having traveled there in 1931 and written several anonymous articles about it in the Times afterwards. In 1933, he first visited Moscow and on the pretext of wanting to meet the German consul in Kharkiv, requested permission to visit the then-capital of Soviet Ukraine. (After everything that happened to Gareth Jones in Ukraine he went back to Moscow and eventually did go to Germany and interviewed Adolf Hitler there, which could be a topic for a separate book). He received permission from the Soviet regime, which thought that Jones was a representative of the former British Prime Minister Lloyd George. While Jones did previously work as a secretary for Lloyd George, he did not represent him at that time.
In early March 1933, he boarded a "hard" train from Moscow to Kharkiv. In his backpack, Jones had a large supply of food which could hardly surprise anyone in the Soviet Union in those times of hardship. However, Jones had something else in mind than merely being provident. When the train was approaching Ukraine, he got off and spent next several days following the tracks on foot and visiting a total of 20 Ukrainian villages.
Gareth Jones was eventually detected by the secret police OGPU and escorted to Kharkiv. He was released in Kharkiv and spent some time there. He then traveled back to Moscow where he met with the Moscow Bureau Chief of the New York Times, Walter Duranty. In his diary, Jones said about Duranty: "I don't trust him, still believes in the collectivization". When Gareth Jones gave a press-conference upon his return to Berlin about the famine in Ukraine, Duranty, who is now widely called "Stalin's apologist" and who knowingly and publicly lied about the lack of starvation in Ukraine, denounced Jones immediately after. The reaction from numerous representatives of the journalistic profession and the powers of the Western world, which followed, ruined Gareth Jones' career.
Gareth Jones, a bright young journalist, did all he could to uncover the truth about Ukraine and to convey it to the rest of the world. In his notes which he took during the travel, he wrote in English, Russian, German, French and, to conceal important information, in Welsh. From Kharkiv, he wrote a postcard to home, praising the city's Opera and his reception there, knowing that the card would be read by the censorship. But in his diary, he said, "more lipstick than food in the Opera." Later, Jones published a series of 21 articles about the famine in Ukraine. Such powerful lines from the Ukrainians in the Jones' diary as "When we all believed in God, we were happy & lived well. When they tried to go away with God, we became hungry" and "Tell them in England, we are starving" can hardly leave anyone's heart unscathed.
Lubomyr Luciuk's interest in Gareth Jones originated about 29 years ago, in 1986, with a reference to Jones in Robert Conquest's classic book about the Ukrainian famine "Harvest of Despair". Luciuk's reaction to the reference was that Jones should be recognized. In 2006, along with the Ukrainian Canadian Civil Liberties Association (UCCLA), the Association of Ukrainians in Great Britain, and others, Luciuk put out the first ever tri-lingual (English, Ukrainian and Welsh) plaque honoring Gareth Jones at Jones' Alma Mater, the University of Aberystwyth in Wales. At the plaque's unveiling ceremony, Luciuk had an opportunity to meet Nigel Linsan Colley and his mother Dr. Margareth Colley, the direct descendants of Gareth Jones. They showed Lubomyr Luciuk Jones' diaries.
According to Lubomyr Luciuk, he immediately had an idea to publish the diaries. Due to a variety of reasons, it took this idea almost ten years to come to fruition. The diaries, which previously were published online untranscribed, had to be transcribed which was done under the supervision of a Welsh professor, Ray Gamache, and Nigel Linsan Colley, a descendant of Gareth Jones. The book "Tell Them We Are Starving" has about 100 pages of Gareth Jones diaries and 100+ pages of the transcription as the diaries themselves are somewhat illegible. The diaries are now available to public with the support of the Holodomor Research and Education Consortium (HREC), the Temerty Foundation and UCCLA. HREC, in particular, has sent the copies of the book to the libraries around the world.
Lubomyr Luciuk believes that Gareth Jones' as an eye-witness gave us a priceless account of what happened in Ukraine in 1933. Many other pieces of information about the Holodomor are either from the people who were children at the time or are about other events like collectivization which are often mixed up with the Holodomor.
Gareth Jones gave his press-conference in Berlin on March 29, 1933. Only a few days later, on April 2, the Soviets imposed restrictions on travel by foreign journalists in the USSR. Within a few years, Gareth Jones, probably, paid with his own life for his mission in Ukraine. While travelling in China to investigate the Imperial Japanese policy in Manchuria, he was kidnapped and killed on the eve of his 30th birthday. Luciuk says that Jones' driver was later found to be associated with the Soviet intelligence service of the time, the NKVD.
When asked by the New Pathway whether there is a connection between what surrounded Gareth Jones' time in Ukraine and what is happening now in and around Ukraine, Luciuk said that the West in 1933 was mainly preoccupied with the rise of Nazis in Germany and tried to make peace with Stalin. This does resemble the current moment when the West is preoccupied with the events in the Middle East and is trying to negotiate with Russia. It took one bright young journalist who traveled across the famine-stricken Ukrainian villages with open eyes to break the lies of the Soviet propaganda and the Western cover-up of the Holodomor 83 years ago. Luciuk believes that it would be appropriate to place (as Stefan Bandera, grandson of a OUN-b leader Stepan Bandera, first suggested) a monument to Gareth Jones in Kyiv's Khreschchatyk, replacing the statue of Lenin that once stood there.
Lubomyr Luciuk
Tell Them We Are Starving
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The Run Up is a new web series that takes you inside some of the WorldTour's best teams in the days leading up to cycling's biggest races. Filmed, edited, and launched in the days immediately before a race, The Run Up seeks to show an inside look at some of the greatest athletes in the world.
Espisodes of The Run Up will follow the women of several teams, including SD Worx, CANYON//SRAM Racing, Movistar, Trek-Segafredo, and Liv Racing as they prepare for their next race.
Watch the latest episode now:
The Run Up features several teams powered by eTap AXS. Learn more about these teams:
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Click here for more episodes of The Run up.


from all of us at Statue.com.
You can't buy Time, but you can always buy a cool clock at Statue.com.
I think my co-workers will agree. We feel like elves. We have spent the last week at Statue.com really kicking into high gear to make sure all the boys and girls, grown-up and small, received their packages under the tree.
In the office we've been busy as elves taking orders, helping phone customers decide on gifts, processing orders, & emailing out tracking numbers.
In the shop we've been casting statues, applying finishes, waxing and hand-buffing , packing and shipping out the door just as fast as we can!
I think we're worn out!
We hope you enjoy your statues, and want you to know that we are really glad that you have chosen to do business with us this holiday season! We appreciated working together with you. Have a very Merry Christmas, Happy Hannukah or blessed Holiday event, however you celebrate.
What a long strange trip it's been…..
Statue.com is glad to introduce artist Number 2 in our Music Legends statue collection! "Come and join the party ever day," sang Jerry Garcia and his band in the first original song on their first album.
Born in San Francisco on August 1, 1942, he joined with Ron "Pigpen" KcKeman in the early sixties playing a folk bluegrass style of music and forming the "Grateful Dead" band in 1965.
Over the next three decades, the Dead would extend its repertoire to include many different musical idioms, and would bring its wild show and entourage to cities across America and Europe, but throughout it all, the band's music would remain rooted in what was eventually called the "San Francisco Sound".
The Dead carried the spirit of the Sixties counterculture through three decades of touring and a dozen more studio and live albums. The "hippies" lived on in the form of Deadheads.
Another lasting legacy of the Dead was its influence on a new generation of jam bands which adopted improvisation as the basis for their music. The Dead's music endures because it is so unique. No other band brought together jazz-inspired improvisation and all of rock's root idioms – country, blues, folk, R&B – into a live performance art with such wide and sustained appeal.
Jerry passed away on August 9, 1995. What a long strange trip it's been…..
What makes a Music Legend?
At Statue.com we are interested in seizing the opportunity that our history, experience, and artistic potential afford, to create new statuary products for our global customers. We are excited to introduce the first statue in our new collection of Music Legends!As possibly the first third world musician to break on to a global, world-wide music scene, we are proud to offer this limited edition bust of Bob Nesta Marley as the first piece in a groundbreaking collection. Cast solid in a heavy composite of hydrostone and polymers, this unique art piece is hand-finished in a rich bronzed patina.
The mood that I have sought to portray in this sculpture is "One World ~ One Love," the very essence of Bob Marley's message for me.


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About Penguinoid
Choosing your own adventure.
7 March 2013 Code, Words No comments
Recently I decided to write an Android app. This isn't a completely crazy idea as I'm a web developer by trade. I wanted to do this partly to have a pet programming project outside of work, and partly because my fiction writing had got stuck in a bit of a rut so I figured I'd take a break from it. Then, perhaps because of the second point I hit on the idea of the app being essentially a choose your own adventure game.
I didn't have anything ambitious in mind. Certainly not anything as involved as the legendary (and recently revived) Fighting Fantasy books of my youth. However it proved to be a bigger undertaking than I'd anticipated.
When in doubt, draw a picture
The choose your own adventure format strongly invites the creation of a flow diagram. At first I thought a single flow diagram would suffice, but once I started contemplating putting dry-wipe tape on the walls I realised I needed to rethink matters. So I used the programmer part of my brain and split the work into discrete chunks. More specifically, I made the decision to make the adventure a series of linked areas, each of which had their own diagram. This allowed me to write flow diagrams with only 20-40 boxes, then link them together at their entrances and exits. I'd recommend the same approach to anyone else taking on the same task.
Micro writing
At first the writing was purely about fun. Unlike more conventional fiction writing, I felt no responsibility to traditional flow and narrative. Each page, for want of a better word, was a brief description. There was a lot of scope to just have fun with both the format and the language, and the slightly unpredictable way a reader could work their way through the pages made a mockery of linear narrative. It was mostly about one-liners, and in that respect it was fun to just write something nicely without worrying about how it would work with the rest of the story.
Macro writing
Naturally it wasn't that simple in the long run. Writing amusingly around the flow diagrams was important to get the puzzles, such as they are, implemented. However I also wanted to have a larger narrative in play, so the reader gets a sense of a story while working their way through the application. This was difficult because there's no guaranteed route through the pages.
I've played quite a few computer games in my time, and am quite familiar with the technique of found information. This is where in the course of playing the game you discover objects which fill in a piece of the game's story. This works particularly well in linear games where the player progresses through levels. However I'd already made the decision to allow the discrete areas of the app to be accessed in any order, so I couldn't rely on that to keep the narrative in order.
I settled on what I think of as a shotgun approach. I can't hit the target dead-on every time, so instead I aim to cover it randomly enough times that the player will see enough of the pieces to get the narrative even though it's received piecemeal. I aimed to do this via a combination of some guaranteed story telling in the early part of the app so that what follows isn't completely unfamiliar, and randomly discovered bits of information which add to it. I'm not entirely sure how successful the approach is, but it strikes me as something which can work. The tricky part is knowing how many of the pages should include portions of narrative. I hope to find out from feedback from the app itself. To some extent it mirrors a challenge of traditional narrative, which is how to write just leanly enough to keep the reader on their toes without confusing them.
You have not been eaten by a grue
Overall I'm glad I took on this project. From a purely writing point of view I've enjoyed the freedom from writing to the standard linear format. However it's also made me think a lot more about that same format. It's made me think about how much information is required to get a story without it being obvious from a different perspective. And that's something I can't wait to consider in more detail when I start writing my next short story.
You can download the app Google Play. It's free!
Here's a photo of a mouse on a swing:
(Although it might be a hamster)
wrting
Penguinoid
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Various assessments are available which will give candidates the skills and knowledge to competently work on industrial/gas installations.
Experienced operatives who wish to undertake commercial catering gas work.
Candidates undertaking the individual appliance assessments must hold an appropriate industrial/commercial core gas safety qualification or relevant changeover qualification.
Includes ventilation requirements for commercial appliances, operation of forced draught burners, commission, service, repair and breakdown of commercial appliance and pipework controls, combustion analysis of commercial appliances. £120+VAT.
Three day training and assessment course. This is a pre-requisite to undertaking the commercial catering appliance assessments. £310+VAT.
Two day training and assessment course. Candidates must hold CCN1. £270+VAT.
One day training and assessment course. Candidates must hold CCN1 and either CENWAT or CKR1. £240+VAT.
One day training and assessment course. Candidates must hold CCCN1. £150+VAT.
One day training and assessment course. Candidates must hold CCCN1 or CODC1. £150+VAT.
One day training and assessment course. Candidates must hold LPG and Commercial Catering (Core and/or Changeover). £200+VAT.
Four day training and assessment course including changeover domestic to catering core safety and catering appliances. Also includes COMCAT1 & COMCAT3. Candidates must hold CCN1. £660+VAT.
Three day assessment only for catering core safety and catering appliances. Package includes COMCAT1 and COMCAT3 and a refresher training day is available if required. £510+VAT.
Logic Commercial Heating and Commercial Catering books are available to purchase.


The first summer biathlon races of the year will be held at the club this weekend. There will be a sprint race on Saturday and a Reverse Pursuit on Sunday. Preregistration closes at 6:00 PM on Friday. On Sunday you can try to hold off 2014 Olympian and three time World Champion Sean Doherty. The weather should be great, and the beach will be open after the races. Also there will be a free picnic for all competitors each day.


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Q: How to install a theme to a fresh magento v1.8 store I have purchased the theme a couple of years ago from rocket theme.
I've looked at their install instructions and it's missing some details and never got it installed.
I just installed a fresh v1.8 magento store to start over and have a current copy of the theme but i am just not getting enough detailed install instructions for me to feel comfortable trying it.
Here's the instructions i have from rocket theme:

https://rockettheme.com/docs/magento/themes/infuse/INDEX.md#how-to-install-the-theme

what are the missing details.