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Justia › US Law › Case Law › West Virginia Case Law › Supreme Court of Appeals of West Virginia Decisions › 2022 › State ex rel. W. Va. Secondary School Activities Comm'n v. Cuomo
State ex rel. W. Va. Secondary School Activities Comm'n v. Cuomo (Signed Opinion)
The Supreme Court granted a writ of prohibition prohibiting enforcement of a preliminary injunction against the West Virginia Secondary School Activities Commission (WVSSAC) in favor of Heather B. as legal guardian of A.B., holding that WVSSAC showed that it was entitled to the writ.
In issuing the preliminary injunction the circuit court concluded that the WVSSAC applied its "waiver rule," W. Va. C.S.R. 127-2-2, in an arbitrary and capricious manner and that its "residence-transfer rule," W. Va. C.S.R. 127-2-7.2a, was facially unconstitutional. The Supreme Court granted a writ prohibiting enforcement of the injunction, holding (1) the circuit court lacked jurisdiction to review A.B.'s as-applied challenge to the WVSSAC's waiver rule; and (2) the circuit court clearly erred in finding the residence-transfer rule to be facially unconstitutional.
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IN THE SUPREME COURT OF APPEALS OF WEST VIRGINIA September 2022 Term FILED _____________________ November 1, 2022 No. 22-0261 _____________________ released at 3:00 p.m. EDYTHE NASH GAISER, CLERK SUPREME COURT OF APPEALS OF WEST VIRGINIA STATE OF WEST VIRGINIA EX REL. WEST VIRGINIA SECONDARY SCHOOL ACTIVITIES COMMISSION, Petitioner, v. THE HONORABLE JASON A. CUOMO, JUDGE OF THE CIRCUIT COURT OF OHIO COUNTY, AND HEATHER B., LEGAL GUARDIAN OF A.B., Respondents. ___________________________________________________________ Petition for a Writ of Prohibition WRIT GRANTED _________________________________________________________ Submitted: September 28, 2022 Filed: November 1, 2022 Stephen F. Gandee, Esq. Robinson & McElwee PLLC Clarksburg, West Virginia Counsel for Petitioner David L. Delk, Jr., Esq. Grove, Holmstrand & Delk PLLC Wheeling, West Virginia Counsel for Respondent Heather B. CHIEF JUSTICE HUTCHISON delivered the Opinion of the Court. JUSTICE WOOTON, deeming himself disqualified, did not participate in the decision of this case. JUDGE COURRIER sitting by temporary assignment. SYLLABUS OF THE COURT 1. "In determining whether to entertain and issue the writ of prohibition for cases not involving an absence of jurisdiction but only where it is claimed that the lower tribunal exceeded its legitimate powers, this Court will examine five factors: (1) whether the party seeking the writ has no other adequate means, such as direct appeal, to obtain the desired relief; (2) whether the petitioner will be damaged or prejudiced in a way that is not correctable on appeal; (3) whether the lower tribunal's order is clearly erroneous as a matter of law; (4) whether the lower tribunal's order is an oft repeated error or manifests persistent disregard for either procedural or substantive law; and (5) whether the lower tribunal's order raises new and important problems or issues of law of first impression. These factors are general guidelines that serve as a useful starting point for determining whether a discretionary writ of prohibition should issue. Although all five factors need not be satisfied, it is clear that the third factor, the existence of clear error as a matter of law, should be given substantial weight." Syllabus Point 4, State ex rel. Hoover v. Berger, 199 W. Va. 12, 483 S.E.2d 12 (1996). 2. "[T]his Court has a responsibility sua sponte to examine the basis of its own jurisdiction." Syllabus Point 1, in part, James M.B. v. Carolyn M., 193 W. Va. 289, 456 S.E.2d 16 (1995). i 3. "Three factors to be considered in deciding whether to address technically moot issues are as follows: first, the court will determine whether sufficient collateral consequences will result from determination of the questions presented so as to justify relief; second, while technically moot in the immediate context, questions of great public interest may nevertheless be addressed for the future guidance of the bar and of the public; and third, issues which may be repeatedly presented to the trial court, yet escape review at the appellate level because of their fleeting and determinate nature, may appropriately be decided." Syllabus Point 1, Israel by Israel v. West Virginia Secondary School[] Activities Commission, 182 W. Va. 454, 388 S.E.2d 480 (1989). 4. "As a general rule courts should not interfere with the internal affairs of school activities commissions or associations." Syllabus Point 2, State ex rel. West Virginia Secondary School Activities Commission v. Oakley, 152 W.Va. 533, 164 S.E.2d 775 (1968). 5. "Decisions properly within the purview of the legislative grant of authority to the West Virginia Secondary Schools Activities Commission under West Virginia Code § 18–2–25 (2008), such as the application of WVSSAC Rules and the review of calls or rulings made by game officials, are not subject to judicial review." Syllabus Point 3, State ex rel. West Virginia Secondary School[] Activit[ies] Commission v. Webster, 228 W. Va. 75, 717 S.E.2d 859 (2011). ii 6. "The concept of equal protection of the laws is inherent in article three, section ten of the West Virginia Constitution, and the scope and application of this protection is coextensive or broader than that of the fourteenth amendment to the United States Constitution." Syllabus Point 3, Robertson v. Goldman, 179 W. Va. 453, 369 S.E.2d 888 (1988). 7. The West Virginia Secondary School Activities Commission's Residence-Transfer Rule, West Virginia Code of State Rules § 127-2-7.2.a (2021), is neither arbitrary and capricious nor a violation of equal protection. iii HUTCHISON, Chief Justice: On March 4, 2022, the Circuit Court of Ohio County entered a preliminary injunction against the West Virginia Secondary School Activities Commission ("the WVSSAC") in favor of Heather B. as legal guardian of A.B. 1 The circuit court concluded the WVSSAC applied the WVSSAC's Waiver Rule, W. Va. C.S.R. § 127-2-2 (2021), in an arbitrary and capricious manner. It further concluded the WVSSAC's ResidenceTransfer Rule, W. Va. C.S.R. § 127-2-7.2.a (2021), was facially unconstitutional. The WVSSAC now seeks a writ of prohibition prohibiting enforcement of the preliminary injunction. We grant the writ for two reasons. First, we conclude that the circuit court completely lacked jurisdiction to review A.B.'s as-applied challenge to the WVSSAC's Waiver Rule. Second, we conclude that while the circuit court had jurisdiction to determine whether the Residence-Transfer Rule is facially unconstitutional, the circuit court clearly erred in finding the Residence-Transfer Rule to be facially unconstitutional. For these reasons, we grant the WVSSAC a writ of prohibition and dissolve the circuit court's March 4, 2022, preliminary injunction. I. Facts and Procedural Background Because A.B. is a juvenile, we use initials to identify her and her mother. See W. Va. R. App. Proc. 40(e)(1). 1 1 A.B. attended John Marshall High School as a tenth grader for school year 2020-2021. Before the next school year, she decided to transfer to Wheeling Central Catholic High School, located in Ohio County and a ten-minute drive from her home in Benwood, Marshall County. According to Heather, A.B. transferred to Wheeling Central Catholic because A.B. was seeking smaller class sizes, a more personal environment, and wanted to attend a school that offered religion classes and which would foster A.B.'s moral code and religious beliefs. She enrolled at Wheeling Central Catholic on August 25, 2021. A.B., who had previously played softball and basketball on recreation and travel teams, wanted to try out for sports at Wheeling Central Catholic, specifically softball and basketball. Heather claimed A.B.'s participation in sports provided an outlet for A.B.'s introversion and anxiety. A.B. learned she might not be eligible to play sports at Wheeling Central Catholic because of the WVSSAC's Residence-Transfer Rule, which provides, in pertinent part: If a student transfers during the academic year from one secondary school to another secondary school, the student shall be ineligible for 365 days from date of enrollment, absent a bona fide change of residence. Students who are ineligible under this rule may practice during the period of ineligibility, given they meet all other factors of eligibility outlined in Policy 2436.10, § 3. Eligibility. W. Va. C.S.R. § 127-2-7.2.a (2021). 2 The WVSSAC Rules empower the WVSSAC Board of Directors to waive a WVSSAC rule when "it determines the rule fails to accomplish the A.B. does not contend there was a bona fide change of residence. 2 2 purpose for which it is intended or when the rule causes extreme and undue hardship upon the student." Id. § 127-2-2.1 (2021). Heather e-mailed WVSSAC Executive Director Bernard Dolan seeking a waiver of the Residence-Transfer Rule for A.B. Mr. Dolan responded that the ResidenceTransfer Rule precluded A.B. from playing sports at Wheeling Central Catholic for one year without a waiver. 3 Heather then asked the WVSSAC Board of Directors for a waiver, which the Board of Directors denied because A.B. "had not demonstrated that an extreme and undue hardship was present and there was no allegation that the rule fail[ed] to accomplish the purpose for which it is intended." Heather appealed to the WVSSAC Review Board, which, by a 4-2 vote, affirmed the Board of Directors' denial. The Review Board found that A.B. felt she would thrive in a smaller school and this had occurred since A.B.'s grades at Wheeling Central Catholic were generally excellent. The Board of Review explained that A.B. had shown no hardship. It finally found that "the purpose of the 365 day ineligibility is to assist the student in 'settling in' to a new academic environment and experience and to help establish solid academic performance. That is precisely what the student and her family sought in a transfer to a smaller school." Mr. Dolan's letter merely confirmed Wheeling Central Catholic's determination that the Residence-Transfer Rule prohibited A.B. from playing sports at Wheeling Central Catholic for one year without a waiver. The Executive Director lacks the authority to issue a waiver. 3 3 Heather, on A.B.'s behalf, sought an injunction, claiming WVSSAC's decision to deny A.B. a waiver was arbitrary and capricious and denied A.B. equal protection of the law. The injunction request also alleged the Residence-Transfer Rule was itself arbitrary and capricious and violated equal protection. At a preliminary injunction hearing before the circuit court, Mr. Dolan testified the rationale behind the Residence-Transfer Rule was to allow a student to settle into a new school. He testified the Residence-Transfer Rule addresses the pressures that inure on a new student in sports competition. Mr. Dolan also testified that the pressures of playing in a game are much higher than the pressures of practice. He further testified that this explains why the Residence-Transfer Rule prohibits a transfer student from playing in a game, but permits a student to do everything else associated with playing a sport. The circuit court applied the preliminary injunction test set forth in Jefferson County Board of Education v. Jefferson County Education Association, 183 W. Va. 15, 24, 393 S.E.2d 653, 662 (1990). It concluded A.B. demonstrated the likelihood of irreparable harm if she was not permitted to play sports at Wheeling Central Catholic, and that, conversely, the WVSSAC would not suffer any harm if A.B. was permitted to play. The circuit court also concluded the public interest favored the preliminary injunction. Most importantly, it found that A.B. was likely to succeed on her substantive claims, which the circuit court characterized as: (1) "Was [the Residence-Transfer Rule] written in an arbitrary and capricious fashion or was it written in such a way as to be rationally related 4 to a legitimate purpose?" and, (2) "Was [the Waiver Rule] applied in this case in an arbitrary and capricious manner?" The circuit court specifically concluded it "ha[d] the authority to determine whether the WVSSAC rule in question was written, promulgated or applied in an arbitrary or capricious manner and whether it was rationally related to a legitimate purpose." The court found A.B. was likely to be successful in her challenges "in as much as [sic] [the Residence-Transfer Rule] appears to be written in an arbitrary fashion and not rationally related to a legitimate purpose, while [the Waiver Rule] appears to have been applied by the WVSSAC in an arbitrary and capricious manner." The circuit court specifically discounted the "settling in" rationale for the Residence-Transfer Rule as "it appears arbitrary to this Court that a 'settling in' process would permit a student to do everything with her new team except play in games." The circuit court found it difficult to understand the rationale of the WVSSAC as to how sitting on a bench during games to avoid the "pressure of competition" is less damaging than allowing the transferring student to experience the benefits of actually playing with your team in a game and to experience the comradery that goes with the glory of victory and the agony of defeat. The circuit court found that the Residence-Transfer Rule treated similarly situated students differently. It observed that a student whose residence was only a tenminute drive from the new school must "settle in," but a student transferring from California to that same school may play in games immediately. Similarly, a student 5 transferring from a non-member WVSSAC school to a WVSSAC member school did not fall within the Residence-Transfer Rule. The circuit court concluded that the ResidenceTransfer Rule "just appears to be written in an arbitrary and capricious manner and offends the equal protection guarantees of the West Virginia Constitution." The circuit court also concluded the WVSSAC applied the Waiver Rule in an arbitrary and capricious manner because at each level of the WVSSAC proceedings, A.B. presented uncontradicted evidence that playing sports was a mental health issue to her. Thus, the circuit court found application of the Residence-Transfer Rule caused A.B. extreme and undue hardship under the Waiver Rule. The WVSSAC now seeks a writ of prohibition from this Court preventing enforcement of the preliminary injunction. II. Standard of Review and Standard for Issuance of the Writ We may review a circuit court's issuance of a preliminary injunction either by way of our appellate jurisdiction over civil cases in equity or by way of our original jurisdiction sounding in prohibition. State ex rel. McGraw v. Telecheck Servs., Inc., 213 W. Va. 438, 445-46, 582 S.E.2d 885, 892-93 (2003). The WVSSAC invokes our original jurisdiction in prohibition to challenge the preliminary injunction. "[W]e have held in numerous cases that a writ of prohibition will lie to control the actions of a court which exceeds, abuses, or acts without jurisdiction." State v. Lewis, 188 W. Va. 85, 91, 422 S.E.2d 6 807, 813 (1992), superseded by statute on other grounds as recognized in State v. Butler, 239 W. Va. 168, 179 n.27, 799 S.E.2d 718, 729 n.27 (2017). A party seeking a writ of prohibition carries a heavy burden. State ex rel. Webb v. McCarty, 208 W. Va. 549, 552, 542 S.E.2d 63, 66 (2000). "Prohibition . . . is an extraordinary remedy, the issuance of which is usually 'reserved for really extraordinary causes.'" State ex rel. Davidson v. Hoke, 207 W. Va. 332, 335, 532 S.E.2d 50, 53 (2000) (quoting State ex rel. Suriano v. Gaughan, 198 W.Va. 339, 345, 480 S.E.2d 548, 554 (1996) (internal quotations and citations omitted)). In determining whether to entertain and issue the writ of prohibition for cases not involving an absence of jurisdiction but only where it is claimed that the lower tribunal exceeded its legitimate powers, this Court will examine five factors: (1) whether the party seeking the writ has no other adequate means, such as direct appeal, to obtain the desired relief; (2) whether the petitioner will be damaged or prejudiced in a way that is not correctable on appeal; (3) whether the lower tribunal's order is clearly erroneous as a matter of law; (4) whether the lower tribunal's order is an oft repeated error or manifests persistent disregard for either procedural or substantive law; and (5) whether the lower tribunal's order raises new and important problems or issues of law of first impression. These factors are general guidelines that serve as a useful starting point for determining whether a discretionary writ of prohibition should issue. Although all five factors need not be satisfied, it is clear that the third factor, the existence of clear error as a matter of law, should be given substantial weight. Syl. Pt. 4, State ex rel. Hoover v. Berger, 199 W. Va. 12, 483 S.E.2d 12 (1996). 7 We review the circuit court's decision that it has subject-matter jurisdiction de novo, State ex rel. Orlofske v. City of Wheeling, 212 W. Va. 538, 542, 575 S.E.2d 148, 152 (2002), and apply de novo review as well to the court's decision addressing the constitutionality of an administrative rule. Simpson v. W. Va. Off. of Ins. Comm'r, 223 W. Va. 495, 503-04, 678 S.E.2d 1, 9-10 (2009). We now apply these standards to this case. III. Discussion A. This Court's subject-matter jurisdiction. We are compelled to pause as we identify a potential impediment to our own jurisdiction. "[T]his Court has a responsibility sua sponte to examine the basis of its own jurisdiction." Syl. Pt. 1, in part, James M.B. v. Carolyn M., 193 W. Va. 289, 456 S.E.2d 16 (1995). The Residence-Transfer Rule bars transferring students from playing sports for 365-days from the date of enrollment at a new school without a bona fide change of residence or a waiver. A.B. enrolled in Wheeling Central Catholic on August 25, 2021. Thus, 365-days have passed and A.B. is now eligible to play sports at Wheeling Central Catholic. This means the case before us is technically moot. "Simply stated, a case is moot when the issues presented are no longer 'live' or the parties lack a legally cognizable interest in the outcome." State ex rel. Bluestone Coal Corp. v. Mazzone, 226 W. Va. 148, 155, 697 S.E.2d 740, 747 (2010) (quoting Powell v. McCormack, 395 U.S. 486, 496 (1969) (internal citation omitted)). Mootness is a jurisdictional question. North Carolina v. Rice, 404 U.S. 244, 246 (1971) (per curiam). "Generally, moot questions are not proper for consideration by this Court." State ex rel. Jeanette H. v. Pancake, 207 W. Va. 154, 159, 8 529 S.E.2d 865, 870 (2000). We have, though, mitigated the mootness rule through Syllabus Point 1 of Israel by Israel v. West Virginia Secondary School[] Activities Commission, 182 W. Va. 454, 388 S.E.2d 480 (1989), where we held: Three factors to be considered in deciding whether to address technically moot issues are as follows: first, the court will determine whether sufficient collateral consequences will result from determination of the questions presented so as to justify relief; second, while technically moot in the immediate context, questions of great public interest may nevertheless be addressed for the future guidance of the bar and of the public; and third, issues which may be repeatedly presented to the trial court, yet escape review at the appellate level because of their fleeting and determinate nature, may appropriately be decided. We conclude we have jurisdiction under the second and third Israel factors. Under the second Israel factor, A.B. is not the only student affected by the Residence-Transfer Rule and a decision as to the constitutionality of the Residence-Transfer Rule is required for guidance to the bench and to these other students. Under the third Israel factor, students challenging the Residence-Transfer Rule will only have 365-days to challenge the permissibility of the Rule. Resolution of such a dispute would necessarily have to occur within that finite 365-day window and that may not be possible. As such, we have jurisdiction. B. The Waiver Rule. The circuit court concluded it had the authority to determine whether the WVSSAC's decision to grant a waiver was arbitrary and capricious. Because circuit courts lack jurisdiction to adjudicate as-applied challenges to WVSSAC rules, the circuit court 9 clearly erred as a matter of law in concluding it had such authority. As such, a writ of prohibition is appropriate. "Nothing in the jurisprudence of this Court supports the trial court's foundational premise that courts are permitted to second guess the manner in which the [WV]SSAC applies its rules." State ex rel. W. Va. Secondary Sch. Activit[ies] Comm'n v. Webster, 228 W. Va. 75, 80, 717 S.E.2d 859, 864 (2011). Indeed, our law is to the contrary. "As a general rule courts should not interfere with the internal affairs of school activities commissions or associations." Syl. Pt. 2, State ex rel. W. Va. Secondary Sch. Activities Comm'n v. Oakley, 152 W.Va. 533, 164 S.E.2d 775 (1968). Thus, "[c]oincident with the legislative grant of authority to the [WV]SSAC to 'exercise the control, supervision and regulation of all interscholastic athletic events,' [under West Virginia Code § 18-2-25 (2008)], matters falling within the province of the [WV]SSAC's bailiwick are, as a rule, beyond the purview of court interference." Webster, 228 W. Va. at 83–84, 717 S.E.2d at 867–68. 4 In Syllabus Point 3 of Webster we specifically held: Decisions properly within the purview of the legislative grant of authority to the West Virginia Secondary Schools Activities Commission under West Virginia Code § 18–2–25 (2008), such as the application of WVSSAC Rules and the review of calls or rulings made by game officials, are not subject to judicial review. Identical language is contained in the latest version of West Virginia Code § 18-2-25(b) (2020). 4 10 Id. at 76, 717 S.E.2d 860 (emphasis added). "By superimposing its judgment on how the [WV]SSAC applied its own rules . . . the trial court exceeded its jurisdiction." Id. at 84, 717 S.E.2d at 868 (emphasis deleted). We therefore hold that the WVSSAC is entitled to a writ of prohibition. C. The Residence-Transfer Rule. While we have held that courts lack jurisdiction over as-applied challenges to WVSSAC rules, we have also found that judicial review is available when a plaintiff claims that a WVSSAC rule is, among other things, facially unconstitutional. "[A] [WV]SSAC rule is subject to challenge, like all properly promulgated legislative rules, on grounds that it exceeds constitutional or statutory authority and for being arbitrary or capricious." Mayo v. West Virginia Secondary Sch. Activities Comm'n, 223 W. Va. 88, 95 n.17, 672 S.E.2d 224, 231 n.17 (2008). The circuit court concluded the Residence-Transfer Rule was unconstitutional. We believe the circuit court clearly erred as a matter of law in reaching that conclusion. In so doing, it exceeded its legitimate authority. Therefore, a writ of prohibition should issue. When presented with an equal protection challenge under the West Virginia Constitution, 5 we first determine which of one of three tests apply: strict scrutiny, The West Virginia Constitution does not contain an equal protection clause. Instead, West Virginia's equal protection principles emanate from the West Virginia Constitution's due process clause. Syl. Pt. 3, Robertson v. Goldman, 179 W. Va. 453, 369 S.E.2d 888 (1988) ("The concept of equal protection of the laws is inherent in article three, 5 11 intermediate scrutiny, or rational basis. Lewis v. Canaan Valley Resorts, Inc., 185 W. Va. 684, 691, 408 S.E.2d 634, 641 (1991). Statutes and administrative regulations challenged as violating equal protection that do not involve a suspect or quasi-suspect class are reviewed under the "highly deferential standard" of the rational basis test. Appalachian Power Co. v. State Tax Dep't, 195 W. Va. 573, 594, 466 S.E.2d 424, 445 (1995). A.B. has not argued that students wishing to play school sports constitute a suspect or quasi-suspect class, and the law is contrary to such a finding. Cf. Walter T. Champion, Jr., Fundamentals of Sports Law § 15:6 (Westlaw Jan. 2022 update) (observing that athletes are not a suspect class). Because students wishing to play high school sports are not a suspect or quasisuspect class, the rational basis test applies to the Residence-Transfer Rule. See, e.g., In re United States ex rel. Missouri State High Sch. Activities Ass'n, 682 F.2d 147, 152 (8th Cir. 1982) ("Since athletes are not a suspect class . . . the standard of judicial scrutiny which should be applied is the rational relationship test."); Parker ex rel. Parker v. Arizona Interscholastic Ass'n, Inc., 59 P.3d 806, 812 (Ariz. Ct. App. 2002) ("Because Parker is not a member of a suspect class. . . the rational basis test is the appropriate test to determine whether the transfer rule violated Parker's equal protection rights."). section ten of the West Virginia Constitution, and the scope and application of this protection is coextensive or broader than that of the fourteenth amendment to the United States Constitution."). We have historically drawn on federal case law interpreting federal equal protection principles in interpreting West Virginia's equal protection principles. 12 A plaintiff challenging a statute or rule under the rational basis test faces "a tremendous uphill battle." Payne v. Huntington Union Free Sch. Dist., 219 F. Supp.2d 273, 284 (E.D.N.Y. 2004). "There is a 'strong presumption of validity' when examining a statute under rational basis review, and the burden is on the party challenging the validity of the legislative action to establish that the statute is unconstitutional." Maages Auditorium v. Prince George's Cnty, 4 F. Supp.3d 752, 776 (D. Md. 2014) (citation omitted), aff'd, 681 F. App'x 256 (4th Cir. 2017) (per curiam). "To find that a rule or statute is unconstitutional, it must be shown that the rule or statute is unconstitutional beyond a reasonable doubt[.]" Johnson v. Bd. of Stewards of Charles Town Races, 225 W. Va. 340, 342, 693 S.E.2d 93, 95 (2010). Consequently, challenges to a statute or rule under rational basis review rarely succeed. See, e.g., Massachusetts v. United States Dep't of Health & Hum. Servs., 682 F.3d 1, 9 (1st Cir. 2012) ("Equal protection claims tested by this rational basis standard . . . rarely succeed."); Zombro v. Baltimore City Police Dep't, 868 F.2d 1364, 1376 (4th Cir. 1989) (Murnaghan, J., concurring in part and dissenting in part) ("Under rational basis scrutiny plaintiffs rarely prevail."). This case is not one of those rarities. Under the rational basis test, a court asks only if the challenged statute or rule "rationally furthers a legitimate state purpose or interest." San Antonio Indep. Sch. Dist. v. Rodriguez, 411 U.S. 1, 55 (1973). Rational basis review represents "a paradigm of judicial restraint [,]" F.C.C. v. Beach Communications., Inc., 508 U.S. 307, 314 (1993), as "the judiciary may not sit as a superlegislature to judge the wisdom or desirability of legislative 13 policy determinations made in areas that neither affect fundamental rights nor proceed along suspect lines." Lewis, 185 W.Va. at 692, 408 S.E.2d at 642. "In the ordinary case, a law will be sustained if it can be said to advance a legitimate government interest, even if the law seems unwise or works to the disadvantage of a particular group, or if the rationale for it seems tenuous." Romer v. Evans, 517 U.S. 620, 632 (1996). "In fact, we will not strike down a law as irrational simply because it may not succeed in bringing about the result it seeks to accomplish[.]" Powers v. Harris, 379 F.3d 1208, 1217 (10th Cir. 2004). "[I]f the State's purpose is found to be legitimate, the state law stands as long as the burden it imposes is found to be rationally related to that purpose, a relationship that is not difficult to establish." Metro. Life Ins. Co. v. Ward, 470 U.S. 869, 881 (1985). An equal protection challenge may not succeed under the rational basis test as long as the question of rational relationship is "at least debatable." W. & S. Life Ins. Co. v. State Bd. of Equalization, 451 U.S. 648, 674 (1981) (quoting United States v. Carolene Prods. Co., 304 U.S. 144, 154 (1938)). In the instant case, we believe the Residence-Transfer Rule meets the minimal constitutional threshold the highly deferential rational basis test imposes. We have recognized that promoting academics over athletics is a legitimate state purpose. Jones v. West Virginia State Bd. of Educ., 218 W. Va. 52, 59, 622 S.E.2d 289, 296 (2005). Allowing students to settle into a new academic environment without the pressure of competing in school sports is rationally related to promoting academics over athletics. The ResidenceTransfer Rule eliminates the temptation of a new student to ignore or minimize academic 14 effort and to instead concentrate on sports practice with the goal of earning playing time in a real game. 6 At the very least, this rationale is debatable, which is all that rational basis requires for us to uphold the Residence-Transfer Rule. 7 Finally, the circuit court was concerned that the Residence-Transfer Rule detrimentally classified certain groups of students compared to other groups of students. It posited several hypothetical scenarios to challenge the Residence-Transfer Rule. Such hypotheticals are not for the courts to consider. "This Court has consistently recognized that 'the classification process is peculiarly a legislative function.'" Marcus v. Holley, 217 W. Va. 508, 524, 618 S.E.2d 517, 533 (2005) (quoting O'Dell v. Town of Gauley Bridge, 188 W.Va. 596, 602, 425 S.E.2d 551, 557 (1992)); see also United States R.R. Retirement. Bd. v. Fritz, 449 U.S. 166, 179 (1980) (internal citation omitted) ("The 'task of classifying We think that Mr. Dolan articulated this rationale, if somewhat inchoately, in the preliminary injunction hearing before the circuit court. Even if not, "this court must independently consider whether there is any conceivable rational basis for the classification, regardless of whether the reason ultimately relied on is provided by the parties or the court." Teigen v. Renfrow, 511 F.3d 1072, 1084 (10th Cir. 2007); see also Starlight Sugar, Inc. v. Soto, 253 F.3d 137, 146 (1st Cir. 2001) (recognizing that even if the government's stated justification for enforcing a regulation is insufficient to uphold the rationality of the regulation, a court has the obligation to seek out other conceivable reasons validating the regulation). 6 Our decision that there is a rational basis for the Residence-Transfer Rule also deals with any claim the rule is arbitrary and capricious. Jones, 218 W. Va. at 62, 622 S.E.2d at 299 ("Our discussion under the 'Equal Protection' portion of this opinion, Section III.B., supra, demonstrates that this rule is not arbitrary or capricious as it is rationally related to the legitimate state purposes of promoting academics over athletics and protecting the economic interests of the county school systems."). 7 15 persons for . . . benefits . . . inevitably requires that some persons who have an almost equally strong claim to favored treatment be placed on different sides of the line,' and the fact the line might have been drawn differently at some points is a matter for legislative, rather than judicial, consideration."). Where no suspect or quasi-suspect class is concerned, legislative bodies have wide latitude in making classifications. See, e.g., City of Cleburne v. Cleburne Living Ctr., 473 U.S. 432, 440 (1985) ("When social or economic legislation is at issue, the Equal Protection Clause allows the States wide latitude[.]"). "The problems of government are practical ones and may justify, if they do not require, rough accommodations-illogical, it may be, and unscientific." Metropolis Theater Co. v. City of Chicago, 228 U.S. 61, 69–70 (1913). Consequently, "[i]n the area of economics and social welfare, a State does not violate the Equal Protection Clause merely because the classifications made by its laws are imperfect." Dandridge v. Williams, 397 U.S. 471, 485 (1970). "Even if the classification involved here is to some extent both underinclusive and overinclusive, and hence the line drawn . . . imperfect, it is nevertheless the rule that in a case like this 'perfection is by no means required.'" Vance v. Bradley, 440 U.S. 93, 108 (1979) (quoting Phillips Chem. Co. v. Dumas Sch. Dist., 361 U.S. 376, 385 (1960)). As we said in addressing a different type of residency requirement: There is no doubt that the residency requirement here is not perfectly designed to achieve its purposes. It is also undisputed that the [legislating body] could have crafted a more restrictive requirement better suited to its purposes. These considerations, however, are not relevant to the constitutional inquiry called for in this case. 16 Morgan v. City of Wheeling, 205 W. Va. 34, 45, 516 S.E.2d 48, 59 (1999). We agree with the United States Court of Appeal for the Eighth Circuit when it found a residence-transfer rule constitutional: Whether the rule is wise or creates undue individual hardship are policy decisions better left to legislative and administrative bodies. Schools themselves are by far the better agencies to devise rules and restrictions governing extracurricular activities. Judicial intervention in school policy should always be reduced to a minimum. Missouri State High Sch. Activities Ass'n, 682 F.2d at 152–53 (footnote omitted). 8 We therefore hold that the West Virginia Secondary School Activities Commission's Residence-Transfer Rule, West Virginia Code of State Rules § 127-2-7.2.a (2021), is neither arbitrary and capricious nor a violation of equal protection. Given the A.B. asserts three other Wheeling Central Catholic students, who sought to intervene in A.B.'s circuit court injunction case after they had been denied a waiver from the WVSSAC, were allowed to play softball at Wheeling Central Catholic. A.B. tries to support the assertion that these students played softball by citing to two stipulations of dismissal which A.B. attached as exhibits to her summary response. We give these exhibits (and by extension A.B.'s argument supported by them) no consideration. First, these exhibits are not properly before this Court since they were not presented to us as a supplemental appendix record. See, e.g., Smith v. Smith, No. 14-0759, 2015 WL 3688867, at *1 n.1 (W. Va. June 15, 2015) (memorandum decision) ("Respondent also filed eight 'exhibits' attached to, and cited throughout, his response. As respondent filed no motion with these 'exhibits' and the same do not comply with the Rules of Appellate Procedure, we decline to consider those items not provided in the appendix record and all references thereto in respondent's brief."). Second, the terms of the settlements are not included in the exhibits and there is nothing else in the exhibits proving the students did play softball for Wheeling Central Catholic. Thus, the only basis for saying these students played softball is counsel's representations, which are not evidence. State v. Benny W., 242 W. Va. 618, 629, 837 S.E.2d 679, 690 (2019). 8 17 circuit court's clear legal error in concluding otherwise, we grant the WVSSAC its requested writ of prohibition and dissolve the circuit court's preliminary injunction. IV. Conclusion For the foregoing reasons, we grant the requested writ of prohibition and dissolve the circuit court's March 4, 2022, preliminary injunction. Writ granted. 18
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Improving patient access and implementation of the European Working Time Directive has proved a challenge for the National Health Service (NHS), particularly adding to workforce pressures and reducing continuity of care for patients. Innovative service and workforce redesign led to the introduction of new and extended roles based on service need. This paper outlines the introduction of one such new role, physician assistant (PA), introduced in the NHS in 2006, based on the established US PA model. UK-trained PA graduates are taking up newly created posts in primary and acute healthcare trusts and the aim of this paper is to share the first-year experience of introducing a newly qualified UK-trained PA within a busy district general hospital cardiology department, describing the internship year, achievements, limitations and how the role has evolved in line with service need. We believe the role has ideal potential in a cardiology department and, in particular, in the management of long-term chronic conditions, such as heart failure, where the number of specialist contacts with the patient can directly impact admissions, re-admissions, length of stay, adherence to medications and protocols of care positively.
In 2004, struggling to meet primary-care access targets due to shortages of general practitioners (GPs) and nurse practitioners, several primary care trusts (PCTs) in the West Midlands recruited a small number of experienced US-trained physician assistants (PAs) to work in local GP practices. The Department of Health (DoH) commissioned an evaluation of the pilot led by the Changing Workforce Programme (CWP), which resulted in recommendations to introduce the PA role more widely in the National Health Service (NHS), with a preference for UK-recruited and trained individuals.1 Following a national consultation regarding the role and scope of PA practice, led by the DoH National Practitioner Programme and supported by the Royal College of Physicians (RCP) and Royal College of General Practitioners (RCGP),2 a degree-level training programme was developed with agreed national standards of training, assessment and accreditation, with the aim of producing healthcare professionals working to the medical model, capable of maintaining and delivering clinical management of patients on behalf of supervising physicians.
in England with plans underway to establish further PA training programmes in England, Scotland and Ireland. Graduates are taking up newly created PA posts, and clinical leads within primary and secondary care trusts are keen to understand more about the role and to explore how it could be effectively incorporated within existing medical teams.
A full-time PA post was established in the cardiology department of a busy district general hospital (DGH) and a newly qualified UK-trained PA recruited in July 2009. The first PA cardiology post in the UK, the position was salaried, providing service with direct impact upon patient care. The supervising consultant cardiologist, a teacher on the PA course, was responsible for determining the scope of duties and responsibilities, with overall accountability for the work of the PA, similar to that of junior medical trainees.
The role was introduced as part of the multi-disciplinary team, complimenting existing roles, delivering care in a variety of settings including inpatient and out-patient cardiology clinics, at various points during patient episodes of care, including acute coronary syndrome, heart failure and arrhythmias. The role transitioned during the internship period from predominantly ward-based to an increased number of clinics supporting service developments including an expanding heart failure service. Time was allocated for involvement in national and local audits and for continuing professional development (CPD) and appraisal. The PA was accountable for her own practice within the boundaries of delegation of scope of practice, under the supervision of a consultant cardiologist or in some circumstances a senior specialist registrar (SpR).
The PA cardiology role was formally evaluated at the end of the one-year pilot, based on the achievements, patient case load, impact and limitations of the role, informed by an annual appraisal, in addition to monthly feedback meetings. The findings were presented to senior and junior colleagues at the trust's medical grand round by the PA and lead consultant cardiologist and disseminated more widely to the trust chief executive and senior management team. Income generation from the role from rapid access chest pain clinic (RACPC) referrals and earlier referrals to the cardiac catheter lab were key highlights that contributed to the efficiency of facilitated discharges, while the satisfaction and confidence of heart failure patients was seen as a major role for reducing needless re-admissions. Heart failure patients and importantly carers, developed close and continued relationships and lines of communication enabling elective admissions and rapid clinic review to avoid admissions where possible. Palliative stages were also well facilitated. Local GPs also expressed appreciation for the access and support provided by the PA to their patients and a 360 evaluation found many positive perspectives and acknowledgements. In particular, the PA role was valuable during junior doctor turnover when continuity of care and processes were crucial, and also in supporting the learning of the new foundation year trainees to the new role and expectations from the department and its staff, including the consultant body.
Over 700 patients were reviewed in clinics by the PA during the 12-month period. Consultation times varied anywhere between 30 and 60 minutes, dependent upon numerous factors including new or follow-up patient, patient diagnosis, comorbidities and complexity, and time taken accessing the supervising consultant to discuss patient management. The income to the trust for every referral for conditions such as heart failure to a heart failure team is £127.00 per patient. Therefore, by seeing patients on behalf of the consultant during the same time, there is a reduction in waiting times and a potential income of £80,000 brought into the trust.
A patient satisfaction survey showed positive results with patients satisfied to be reviewed by the PA prior to the specialist as demonstrated in a US study.3,4 Once the mid-level dependent practitioner role was better understood, junior doctor colleagues appreciated the role and senior nursing colleagues, initially sceptical, recognised the value of the role.
The benefits of employing a PA within cardiology resulted in efficiency gains in a high-turnover, high-pressure and high impact speciality with a wide range of conditions where continuity of care is critical to decision making. The role was limited due to lack of sufficient specialty training during the foundation years, the need for close supervision and relying on others to prescribe.
Evaluation of the PA cardiology pilot demonstrates that a PA can be clinically and economically effective, when incorporated within an established multi-disciplinary team within a busy DGH cardiology department, in close proximity to supervising consultants, who are good educators and motivated to innovate and provide time.
We thank the cardiology team that supported the introduction of the new physician assistant role at Barnet General Hospital.
Health Services Management Centre. Evaluation of US trained physician assistants working in the NHS in England. Birmingham: Birmingham University, 2005.
Department of Health. The competence and curriculum framework for the medical care practitioner – a consultation document. London: DoH, November 2005.
Tirado NC, Guzman M. Workload contribution of a physician assistant in an ambulatory care setting. P R Health Sci J 1990;9:165–7.
Mainous AG, Bertolino JC. Physician extenders: who is using them? Fam Med 1992;24:201–04.


Mommy's Apron Strings: Linny's Pinny for Fall!
Lauren Marie shared her beautiful version of "Linny's Pinafore" on facebook. She allowed me to show it, too!
Lauren tells us this was only her third smocked garment! She made an 18 month size for her niece to wear next year. Lucky little girl- these colors are beautiful. Look what an even job she did on the ruffles! The big ribbons are so pretty, too! I love it when people send pictures!! If you have made a "Linny's" please share some pictures with us!!
Dibs are a Big Thing at our House!


text:
Suffolk Tories divided on expulsion of senior MPs
Waveney MP Peter Aldous is worried about the Conservatives no longer being a "Broad Church". Photo: Uk Parliment
Uk Parliment
Suffolk Conservative MP Peter Aldous has warned that the expulsion of 21 senior members of the party has sent out the signal that the Tories are no longer a "broad church," welcoming a spectrum of political views.
Ipswich Conservative Candidate Tom Hunt. Picture: PAUL GEATER
But Ipswich Parliamentary candidate Tom Hunt, who hopes to join him in the House of Commons after the next general election, said the Prime Minister was right to withdraw the whip from the 21 MPs who voted against the government on Tuesday night.
They included two former Chancellors, two former Justice Secretaries (one of them former Northgate student David Gauke), and Sir Winston Churchill's nephew Sir Nicholas Soames.
Waveney MP Mr Aldous said the decision to withdraw the whip was a major issue discussed by MPs at a meeting of the 1992 Committee with the Prime Minister on Wednesday night.
He could not discuss what was said at the public meeting, but said many of his colleagues were concerned that the party would not be able to attract as broad a level of support as it had in the past.
"There is a feeling that by doing this, we are no longer seen as the broad church that we have always been - able to attract people with a range of different views. Some of us are not comfortable with that."
Mr Hunt felt that the Prime Minister had no alternative but to remove the whip from the rebels.
He said: "That is very regrettable, especially considering the seniority of some of those who are affected by this. But what they effectively did was hand over the business of the House of Commons to Jeremy Corbyn, the most left-wing Labour leader we have ever had.
"Very disappointed that last night 328 MPs decided to vote against the Prime Minister and destroy our country's negotiating position with the EU. There is nothing at all that will be achieved by further dithering and delay. It's vital we leave the EU on October 31 come what may and I believe that taking no deal of the table is complete folly.
"I now believe that a General Election is needed. I fully support Boris and stand ready to throw everything I can into the campaign to ensure better representation for our town in Parliament."

redpajama_set_name: RedPajamaCommonCrawl


text:
Q: Magento 2.2 error when tried to load product or order in external file I tried to load a product or an order form an external file using Object Manager but everytime i receive the same err:
"PHP message: PHP Fatal error:  Uncaught Magento\Framework\Exception\NoSuchEntityException: Requested store is not found in ..."

My code:
require __DIR__ . '/app/bootstrap.php';
$params = $_SERVER;
$bootstrap = Bootstrap::create(BP, $_SERVER);
$objectManager = $bootstrap->getObjectManager();
$storeManager = $objectManager->get('\Magento\Store\Model\StoreManagerInterface');

and then i tried to load my order :
$order = $objectManager->create('Magento\Sales\Model\Order')->load($orderID); or product
$product = $objectManager->get('Magento\Catalog\Model\Product')->load($product_id);

Does anyone know why i receive this err?

A: Try adding:
$state = $obj->get('Magento\Framework\App\State');
$state->setAreaCode('adminhtml');

redpajama_set_name: RedPajamaStackExchange


text:
Strategy, Alignment and Planning
7 Ways to Structure Mentoring Programs to Improve Their Reach
December 11, 2019 Pritika Padhi4 min read
Mentoring is a great way to develop talent, with benefits for both parties (mentor and mentee) invested in the relationship. It has existed as an informal learning method for many centuries, in work set-ups and beyond, with an experienced senior often taking on the mantle of guiding a newcomer.
The focus on structured mentoring is a more recent development, as organizations try to create effective frameworks to maximize the benefits of this natural human relationship. Also, as organizations scale and become more geographically dispersed, it is important to have a structure for mentoring to allow for connections across the organization.
An important part of structuring mentoring is making it accessible to all employees. A single mentoring relationship is limited in terms of the scope of impact. Hence, to truly harness its power, there should be several mentoring relationships across the organization, with employees empowered to seek access to mentoring as needed. With that goal in mind, here are seven ways to improve the reach of a mentoring program:
1. Clarify Program Outline
The biggest concern people have before signing up for a mentoring program is often the lack of clarity around what they are expected to contribute. Helping them understand the goals of the relationship will assure mentees of the benefits they can expect and help mentors understand how to structure their sessions. Clarifying goals at the start also helps build accountability to ensure that the relationship starts on the right note.
Secondly, both mentors and mentees need to know the time and effort they should commit to the relationship. Creating an action plan can help clarify details like the expected frequency and duration of, and the pre-work required for, sessions. Many mentoring programs share these details during an opening session. It's also a good idea to include these details when promoting the program, so that everyone knows the expectations ahead of time.
2. Make Mentoring Topical
One of the benefits of mentoring is that it is universal in terms of topic. However, this universality can also be overwhelming, making it seem that mentors need a great deal of experience in a broad range of areas. To address these concerns, it helps to make mentoring topical. Defining a topic outlines the scope of the relationship for aspiring mentors and makes identifying mentors easier. This approach also creates inherent flexibility, as a mentor for one topic can be a mentee for another.
3. Explore Different Formats
Traditional mentoring is one-on-one and in person. However, if mentoring is topical and has clearly defined goals and action plans, it can be easy to extend it to other models, like virtual mentoring or one-to-many group mentoring. When opting for a non-traditional format, be sure to establish and describe the nature of the relationship up front. For instance, a group mentoring program should have guidelines for mentors on how to enable two-way communication without allowing one individual to monopolize a discussion. Making mentoring available in different formats can broaden its appeal, as employees choose the method that works best for them.
An important part of structuring mentoring is making it accessible to all employees.
4. Allow Self-matching
The most important element that determines the success of a mentoring relationship is matching of the mentor and the mentee. Many organizations use mentoring platforms with algorithms that use personality information to match mentors and mentees. However, not all organizations have access to such software. In such cases, instead of trying to replicate the algorithm's accuracy, it is a good idea to decentralize the matching process. Share a list of available mentors and their attributes and expertise, along with available mentees and their attributes and needs. In such a mentoring "marketplace," matches are based on mutual interests and alignment, and the process is more transparent. Giving participants a say in the matching process also increases their ownership of the process and sets the stage for a more fruitful relationship.
5. Build Mentoring Support Systems
One of the biggest mentoring mistakes organizations make is setting up the relationship and expecting it to flourish on its own. Productive mentoring requires ongoing support, including training for mentors on how to build the relationship, how to handle different types of conversations and queries, and how to manage their own biases and expectations.
Good practices include supplementing formal training with bite-sized refreshers and resources and creating peer networks for both mentors and mentees. The mentoring program manager should have regular check-ins to help keep the relationship on track with respect to the goals and, more importantly, to give the mentor and the mentee the space to express their concerns and be heard.
6. Recognize Mentors
Particularly when it comes to encouraging more mentors to join the program, a formal recognition platform goes a long way. For mentees, the benefits of a mentoring relationship are direct, especially if the goals are outlined from the start. For the mentor, however, the benefits can sometimes feel distant, especially when multiple work responsibilities vie for precedence.
While some mentors may be intrinsically motivated, to increase the program's appeal, it is still a good idea to have a recognition system. It could be as simple as positive feedback from the leadership team for the mentor's role in developing talent or as elaborate as a "Best Mentor" award. Either way, formal recognition is positive reinforcement for current mentors and encouragement for potential mentors.
7. Encourage Paying It Forward
Finally, we cannot overlook the role of the mentees in improving the program's reach. In many mentoring programs, after an engagement is over, the mentoring program manager keeps in touch only with the mentors, for future relationships. But it is important to engage the mentees, too. They can help through positive word-of-mouth awareness, active recruitment of mentees, or even by signing up and training to become mentors themselves.
The organizational impact of a mentoring program depends on its reach. Structuring a mentoring program with these strategies is a sure-fire way of increasing access to the program, thereby improving reach — and success — by leaps and bounds.
Formal recognition is positive reinforcement for current mentors and encouragement for potential mentors.
#mentor
#mentoring
#mentoring programs
#Strategic Alignment
#Workforce Development
Pritika Padhi
Pritika Padhi works in talent management and leadership development for L&T Financial Services, one of India's largest private sector conglomerates. She blogs at www.independencewalk.wordpress.com, and you can connect with her on LinkedIn at www.linkedin.com/in/pritikapadhi.
2023 L&D Predictions — Experts Weigh In
January 26, 2023 Skillsoft5 min read
GoCoach Relaunches as SkillCycle to Address Large Gap in HR Tech Landscape


text:
using System;
using System.IO;
using System.Security.Cryptography;
using Qiniu.Conf;
using Qiniu.Util;

namespace Qiniu.Auth.digest
{
	/// <summary>
	/// 七牛消息认证(Message Authentication)
	/// </summary>
	public class Mac
	{

		private string accessKey;

		/// <summary>
		/// Gets or sets the access key.
		/// </summary>
		/// <value>The access key.</value>
		public string AccessKey {
			get { return accessKey; }
			set { accessKey = value; }
		}

		private byte[] secretKey;

		/// <summary>
		/// Gets the secret key.
		/// </summary>
		/// <value>The secret key.</value>
		public byte[] SecretKey {
			get { return secretKey; }
		}

		public Mac ()
		{
			this.accessKey = Conf.Config.ACCESS_KEY;
			this.secretKey = Config.Encoding.GetBytes (Config.SECRET_KEY);
		}

		public Mac (string access, byte[] secretKey)
		{
			this.accessKey = access;
			this.secretKey = secretKey;
		}

		/// <summary>
		///
		/// </summary>
		/// <param name="data"></param>
		/// <returns></returns>
		private string _sign (byte[] data)
		{
			HMACSHA1 hmac = new HMACSHA1 (SecretKey);
			byte[] digest = hmac.ComputeHash (data);
			return Base64URLSafe.Encode (digest);
		}

		/// <summary>
		/// Sign
		/// </summary>
		/// <param name="b"></param>
		/// <returns></returns>
		public string Sign (byte[] b)
		{
			return string.Format ("{0}:{1}", this.accessKey, _sign (b));
		}

		/// <summary>
		/// SignWithData
		/// </summary>
		/// <param name="b"></param>
		/// <returns></returns>
		public string SignWithData (byte[] b)
		{
			string data = Base64URLSafe.Encode (b);
			return string.Format ("{0}:{1}:{2}", this.accessKey, _sign (Config.Encoding.GetBytes (data)), data);
		}

		/// <summary>
		/// SignRequest
		/// </summary>
		/// <param name="request"></param>
		/// <param name="body"></param>
		/// <returns></returns>
		public string SignRequest (System.Net.HttpWebRequest request, byte[] body)
		{
			Uri u = request.Address;
			using (HMACSHA1 hmac = new HMACSHA1(secretKey)) {
				string pathAndQuery = request.Address.PathAndQuery;
				byte[] pathAndQueryBytes = Config.Encoding.GetBytes (pathAndQuery);
				using (MemoryStream buffer = new MemoryStream()) {
					buffer.Write (pathAndQueryBytes, 0, pathAndQueryBytes.Length);
					buffer.WriteByte ((byte)'\n');
					if (body.Length > 0) {
						buffer.Write (body, 0, body.Length);
					}
					byte[] digest = hmac.ComputeHash (buffer.ToArray ());
					string digestBase64 = Base64URLSafe.Encode (digest);
					return this.accessKey + ":" + digestBase64;
				}
			}
		}
	}
}

redpajama_set_name: RedPajamaGithub


The month of September, Reformation Health is going ketogenic. You can read most everything that there is to know about a ketogenic diet in my last blog post. But essentially, adhering strictly to a ketogenic diet means consuming your protein, fat and carbohydrate macros in a relatively strict ratio, with net carbs not exceeding 20-25g daily. The idea being that if your body doesn't have carbohydrates to convert to glucose for energy, it's forced to burn fat reserves to fuel the body and mind. This state is known as ketosis. There is also a significant increase in fat consumption - about 117g daily to aid satiety and curb blood sugar crashes that lead to sugar and carbohydrates cravings. Also, in the process of reaching ketosis your body draws water particles into the cells where fat used to live, so you MUST stay hydrated. I keep my Healthy Human tumbler handy at all times (HEALTH15 for 15% off site-wide!), and keep it full of water or ice cold Pique Tea at ALL times (RH15 gets you 15% off your first order!).
While you CAN successfully achieve ketosis on a vegetarian or vegan diet, the process is simplified and meals are more versatile following an omnivorous diet that includes animal proteins and dairy.
So for the time being Reformation Health is incorporating more meat and real dairy that you're used to seeing. I am very curious as to what the results will be come end of September, but six days in I feel energize, with no urge to snack throughout the day, and no sugar cravings! Dark chocolate cravings...ALWAYS. But no cravings for ice cream or sweets!
This is one of my favorite meals so far, and I hope that you enjoy it too. The directions may look long, but it's simple steps and takes no more than 30 minutes. As always feel free to ask me at questions at info@reformationhealth.com, or DM on Instagram!
Serves 2 with lots of leftover meatballs.
- Line two baking sheets with foil or parchment.
- In a food processor, pulse the carrot into small pieces.
- Add the onion and cilantro and pulse until finely minced, almost granular.
- In a mixing bowl, combine the carrot/onion/cilantro mixture with the ground chicken, 1T salt, and 1T pepper, then mix with hands or a spatula until combined.
- Spoon out mixture by heaping tablespoonfull rolling into individual balls, and set these aside on baking sheet #1.
- Melt 1T ghee in a large skillet and add about half of the balls and cook on one side, then turn with tongs and cook through on the other side. Set aside on baking sheet #1.
- Repeat with 2nd half of the mixture.
- Heat 1/2C bone broth in the skillet, then summer the meatballs until the broth evaporates. This will make them tender and not as dry, and also browns then nicely.
- Set the meatballs aside on baking sheet #2.
- In the same skillet heat the other 1/2C of bone broth. Once hot, add the chopped kale to the skillet and stir occasionally. Remove from heat once cooked through and all bone broth has evaporated.
- To assemble the bowl, layer down 1/2 the kale, then 4-5 meatballs, and 1/3 slices avocado. Top with fermented vegetables and a dollop of Primal Kitchen mayo.


text:
info@airportwatch.org.uk
@AirportWatch
Thames Estuary Airport
European Airports
Briefings and Information
Airports Commission
EU ETS and ICAO
Air Passenger Duty
The Campaign Community
Jet Fuel Price
Recent airport passenger figures
Some useful dates
Aviation biofuels plan would use palm oil and 'destroy rainforests' – warn 200+ environmental organisations
Date added: October 15, 2017
A new plan to accelerate production of biofuels for passenger planes has drawn stinging criticism from environmentalists who argue that most of the world's rainforests might have to be cleared to produce the necessary crops. Aviation is one of the fastest growing sources of greenhouse gas emissions, with an 8% leap reported in Europe last year and a global fourfold increase in CO2 pollution expected by 2050. To rein this back, the industry is hoping for what it (unrealistically) calls "carbon neutral growth" by 2020 – to be met by biofuels, and offsets. The "green jet fuel" plan would increase the use of aviation biofuels to 5m tonnes per year by 2025, and 285m tonnes by 2050 – enough to cover half of overall demand for international aviation fuel. This is three times more biofuels than the world currently produces, and advanced biofuels are still at too early a stage of development to make up the difference. Environmentalists say that the most credible alternative fuel source would be hydrotreated vegetable oil (HVO), even though this would probably trigger a boom in palm oil plantations and a corresponding spike in deforestation. The vast use of palm oil for aviation biofuels would destroy the world's rainforests, vital to life for local people and the habitats of endangered species such as orangutans. Over 200 environmental organisations are urging ICAO to scrap its misguided biofuels plan.
New airplane biofuels plan would 'destroy rainforests', warn campaigners
Plan to accelerate production of biofuels for passenger planes would lead to clearing of rainforests to produce 'vast' amount of necessary crops
The 'green jet fuel' plan would ramp up the use of aviation biofuels to 5m tonnes a year by 2025.
By Arthur Neslen (Guardian)
A new plan to accelerate production of biofuels for passenger planes has drawn stinging criticism from environmentalists who argue that most of the world's rainforests might have to be cleared to produce the necessary crops.
Aviation is one of the fastest growing sources of greenhouse gas emissions, with an 8% leap reported in Europe last year and a global fourfold increase in CO2 pollution expected by 2050.
To rein this back, the industry has promised carbon neutral growth by 2020 – to be met by biofuels, if a blueprint is approved at an International Civil Aviation Organisation (Icao) conference in Mexico City tomorrow.
The "green jet fuel" plan would ramp up the use of aviation biofuels to 5m tonnes a year by 2025, and 285m tonnes by 2050 – enough to cover half of overall demand for international aviation fuel.
But this is also three times more biofuels than the world currently produces, and advanced biofuels are still at too early a stage of development to make up the difference.
MEPs vote to ban the use of palm oil in biofuels Read more
Environmentalists say that the most credible alternative fuel source would be hydrotreated vegetable oil (HVO), even though this would probably trigger a boom in palm oil plantations and a corresponding spike in deforestation.
Klaus Schenk of Rainforest Rescue said: "Citizens around the world are very concerned about burning palm oil in planes. The vast use of palm oil for aviation biofuels would destroy the world's rainforests, the basis of life for local people and the habitats of endangered species such as orangutans. We urge Icao to scrap its misguided biofuels plan."
It is impossible to quantify the precise extent of deforestation that the proposal could cause, but based on the Malaysian Palm Oil Council's crude palm oil yields and Total conversion figures, Biofuelwatch estimate that 82.3m hectares of land (316,603 sq miles) would be needed to meet the target, if it were sourced from palm oil alone. That is more than three times the size of the UK.
Carlos Calvo Ambel, a spokesman for Transport and Environment, said: "Most biofuels are worse for the climate than jet fuel. Quality should always go before quantity. Establishing a goal even before the rules are set out is putting the cart before the horse. The European experience has been that biofuels targets sucked in palm oil exports whose emissions were far greater than those of fossil fuels."
T&E, Oxfam and Friends of the Earth are among nearly 100 environmental groupsprotesting the proposal, while 181,000 people have signed a petition calling for the initiative to be scrapped.
Inside the conference hall, several states are also opposing the biofuels pitch which, if passed, is expected to go on to an Icao assembly for formal adoption within two years.
The Amazon's new danger: Brazil sets sights on palm oil Read more
Brazil and Indonesia strongly support the plan but China has questioned its feasibility, the EU wants more robust sustainability criteria, and the US says it will not support globally coordinated emissions reductions targets.
An industry proposal to limit the biofuels target to 2025 is one possible compromise, but others may emerge before the plan is put to a vote.
Almuth Ernsting, a spokeswoman for Biofuelwatch, said the current proposed target was "so huge that it would be unlikely to be fulfilled – but you could still have massive negative impacts from much smaller uses of palm oil".
Within four years of the EU setting a binding target to source 10% of its transport fuel from renewable sources in 2009, studies show that European investors had bought 6m hectares of land for biofuels production in sub-Saharan Africa.
The EU took very little of its biofuel feedstock from Africa in the end, but the use of palm oil from elsewhere for biodiesel had soared 500% by 2014, according to industry trade figures.
https://www.theguardian.com/environment/2017/oct/12/new-airplane-biofuels-plan-would-destroy-rainforests-warn-campaigners
The letter and the list of signatories can be seen at
http://www.biofuelwatch.org.uk/wp-content/uploads/Aviation-biofuels-sign-on-letter.pdf
Letter to ICAO, from hundreds of organisations, calling on it to oppose the promotion of biofuels in aviation
ICAO supports the aviation industry's quest for unending rapid growth, a quest which is incompatible with keeping global warming to 1.5oC or even 2oC per (a goal endorsed by the Paris Agreement). Greenhouse gas emissions from international aviation alone grew by 87% between 1990 and 2014 and are rising faster than those from almost any other sector. Efficiency improvements lag far behind growth in the number of air passengers worldwide and there are no available techno-fixes which would allow planes to fly without burning hydrocarbon fuels. ICAO hopes for vast-scale use of biofuels in aircraft: it wants to see 128 million tonnes of biofuels a year being burned in plane engines by 2040, going up to 285 million tonnes (half of all aviation fuel) by 2050. By comparison, some 82 million tonnes of biofuels a year are currently used in transport worldwide. The only aviation biofuels which can currently be produced reliably and at scale – although they are still expensive – are made from vegetable oils and animal fats, using a technology called hydrotreatment. Any large-scale use of aviation biofuels made from hydrotreated vegetable oils (HVO) would almost certainly rely on palm oil. That would be an environmental disaster. See details of the letter to ICAO from Biofuelwatch signed by hundreds of organisations
Click here to view full story…
Biofuelwatch to publish report about aviation biofuels ahead of ICAO high-level conference
From 11th to 13th October, ICAO will be holding a High-Level Conference on Alternative Aviation Fuels, in Mexico City. ICAO's Secretariat has published a proposed "Vision" which would see 128 million tonnes of biofuels per year used in aircraft by 2040 and 285 million tonnes by 2050. By comparison, a total of 82 million tonnes of biofuels was produced worldwide for all uses last year. ICAO and airlines are keen to promote biofuels as solution to their CO2 problems. Greater efficiencies cannot possibly cancel out the impacts on CO2 emissions of the industry's expected rapid, continuous growth. Meaningful measures to curb aviation CO2 emissions would be incompatible with an airline's shareholder profits. The aviation sector hopes to use carbon offsetting (condemned by over 100 civil society groups last year) and biofuels (which, contrary to scientific evidence, continue to be largely classified as zero carbon). There is no possibility of producing the vast quantities of biofuels that would be needed for such an endeavour without disastrous impacts on forests, on the climate, on food prices, food sovereignty, on human rights and land rights. The prospect of even limited use of biofuels in aircraft is particularly concerning, especially if palm oil is used. There will be a new report on 6th October, and a Webinair on 6th October (4pm).
Algae biofuel claims overhyped – GE algae risks to environment if they escape
A new report suggests that industrial scale production of biofuels and chemicals via genetically engineered (GE) microorganisms such as GE algae pose serious environmental and health risks. Microalgae Biofuels: Myths and Risks and a companion briefing, published by Biofuelwatch and Friends of the Earth US., reveals that even after decades of investment, viable commercial production of algae biofuels has failed and is unlikely to succeed. There are already problems caused by algal blooms in some places, and it therefore seems very unwise to be encouraging mass-scale production – with the inevitable accidental release of GE microalgae into the environment. Many of the traits that are being engineered to create algal 'chemical factories' could result in their outcompeting and proliferating out of control in the wild. These organisms could become 'living pollution' that is impossible to recall. The continued market hype about GE algae biofuels as sustainable, claims of unrealistic productivity, and historic promises of commercial viability just over the horizon perpetuate the myth of a "miracle fuel" and that unsustainable energy consumption may continue "business as usual."
Posted: Sunday, October 15th, 2017. Filed in Biofuels News, Climate Change News, Recent News.
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Join us for a weekend full of piping competitions, delicious food, and unique handmade crafts.
Gates open early Saturday morning, April 13, and opening ceremonies will begin at 1 p.m. with a parade of massed bands and clans.
Plan out your entire Scottish Festival experience with the schedule of events listed below.
12:30 p.m. Start time of Golf Scramble.
5 p.m. – 6 p.m. Kilted Mile Race Registration – Natural State Running at 148 East Main.
6 p.m. Kilted Mile Race from Twelfth Street – North Central Ave.
Entertainment by Patrick Regan from 10 p.m.-12 a.m. at 109 Main.
6 p.m. – 10 p.m. Ceilidh and Fest will be held at Paterson Dining hall. Tickets are $65 and can be purchased by contacting Jennifer Green at (870) 307-7071.
12 p.m. Bonniest Knees Contest.
Content sponsored by Lyon College.


text:
Садова () — присілок в Большеболдинському районі Нижньогородської області Російської Федерації.

Населення становить 28 осіб. Входить до складу муніципального утворення Пермеєвська сільрада.

Історія

Від 2009 року входить до складу муніципального утворення Пермеєвська сільрада.

Населення

Примітки

Населені пункти Большеболдинського району

redpajama_set_name: RedPajamaWikipedia


text:
Петър Марцелин Феликс Либерий (; 465 – 554 г. в Римини) е римски политик, сенатор, дипломат и генерал.

Той е преториански префект и служи при Одоакър, Теодорих Велики и Юстиниан I.

Либерий произлиза вероятно от Лигурия. Женен е за Агреция и има няколко сина и дъщери. Познат е само син му Венанций, който е около 507/511 г. comes domesticorum vacans и през 507 г. консул.

През 493 г. Теодорих Велики го прави преториански префект (praefectus praetorio Italiae). Справя се успешно със задачата заселването на готите в Италия и през 500 г. получава ранга patricius. През 510 г. става praefectus praetorio Galliarum, управител на остготската територия, бившата римска провинция Нарбонска Галия. 533 г. той е направен и praefectus praesentalis от Аталарих и майка му Амалазунта.

През 534 г. Теодахад го изпраща с други сенатори във Византия при Юстиниан I. Той не се връща обратно, а постъпва на служба в Константинопол и става 538/539 и 542 префект във важната провинция Египет (praefectus augustalis).

През 551 г. започва въстанието на Атанагилд в Севиля против вестготския крал Агила I. Атанагилд иска помощ от източноримския император Юстиниан I. Либерий пристига от Африка като magister militum Spaniae с византийскита флота през 551/552 г., за да наблюдава брега на Испания.

Либерий, вече осемдесетгодишен, става византийски управител на провинция Бетика (Андалусия).

През началото на 553 г. Либерий се връща от Испания в Константинопол, където участва в 5. Вселенски събор. През 554 г. отива в Италия, където умира същата година на 89 години.

Децата му го погребват в гроба на съпругата му в Римини (Ariminum).

Литература
 John B. Bury, History of the Later Roman Empire from the Death of Theodosius I. to the death of Justinian, Bd. 2, New York 1958, Nachdruck der Aufl. von 1923, S. 286 – 288.
 James A. S. Evans: The age of Justinian. The circumstances of imperial power, 2. Aufl., London 2001, S. 180 – 181, 199.
 John R. Martindale (Hrsg.): The Prosopography of the Later Roman Empire, Bd. II, 3. Aufl., Cambridge (u.a.) 2000, S. 36 (Agretia), S. 677 – 681 (Liberius 3), S. 1153 (Venantius).
 Mischa Meier, Das andere Zeitalter Justinians. Kontingenzerfahrung und Kontingenzbewältigung im 6. Jht, 2. Aufl., Göttingen 2004 (Hypomnemata 147), S. 265 – 266.

Източници

 LA LUNGA VITA DI LIBERIO
 John Bagnell, History of the Later Roman Empire Vols. I & II, Macmillan & Co., Ltd. 1923
 Liberius the Patrician, by James J. O'Donnell

Византийски военачалници
Преториански префекти на Галия
Преториански префекти на Италия
Византийски управители


Environmental planning for students with Autism Spectrum disorders is a very important factor whose benefits cannot be underrated. As such, Autism in particular, is a life long developmental disability that in actuality prevents people from understanding what they visualize, hear and in the larger perspective what they sense. As a matter of fact, there is the definition that has been given by the Diagnostic and statistical manual of mental disorders. It defines autism as a pervasive developmental disorder which may be characterized by communication and social interaction impairments. It may also show some restricted, repetitive and stereotypic patterns of behavior, interests and activities as well.
So to speak, autism affects the functioning of ones brain and can actually be revealed in a combination of symptoms. Some autism victims show some level of intellectual disability which may range from mild to severe with some having normal levels of intelligence. In connection to these points, autism spectrum disorders can be defined as a variety of psychological conditions which are distinguished by a wide range of abnormalities. As such, they are abnormalities of social interactions and communication together with severely restricted interests marked by highly repetitive behaviors (Lieberman & Houston-Wilson, 2009, p.87).
Autism spectrum disorders are not a strange term in the field of education and as such there are students who have been diagnosed with such disorders. In order to deal effectively with such students, it is important to understand the nature of their disability. In essence, students with such disorders will manifest it in four major categories (Lieberman & Houston-Wilson, 2009). They incorporate poor communication, social interaction, unusual behavior and learning characteristics.
Notably, students with autism spectrum disorders show unusual patterns of attention while learning. They are also associated with unusual responses to sensory stimuli along with some characteristics of anxiety. From the point of view of the nature of the students with ASDs, it is prerequisite to have individual education plan abbreviated IEP for such students. Basically, this may sometimes prove to be a great challenge as such students are being educated. It has been established that such students need some kind of support as their needs go beyond the normal program of the school (Sansosti, Powell-Smith & Cowan, 2010). Again in this context, planning should be done in such a manner that the teaching of the student will be effective.
Following this point, the challenge of ASD students can be overcome by adapting a means through which the student can be able to cope with at his or her best. In order to solve the problem faced by ASD students, strategies of environmental adaptations should be implemented. Remarkably, environmental planning for a student is paramount and potentially rich for changing the behavior of the student for maximum outcome in education. Some of the possible ways through which planning of the environment can be achieved is by means of making some adaptations.
So to speak, one way through which the environment can be modified is by means of removing distracting stimuli in relation to the learning of an ASD student. At the same time, it is feasible to reduce the sensory stimuli if practicable (Sansosti, Powell-Smith & Cowan, 2010). Also, it may happen that the student may possess a hypersensitivity aspect to sensory stimuli and as such, the environment should be modified to cab such sensory overloads (Nguyen, 2006). It is also advisable to provide a clear and conventional modification schedule that will work to the benefit of the student. Besides this point, the students' educational program should cover the daily routine sensory experiences that bring about a calming effect.
The modification of the learning environment of an ASD student is mandatory if good results for the students are to be realized. Fundamentally, physical environment Sensory considerations should be taken with great care since if not done it may result to the detriment of the student's learning. Under this category of modification, lighting, sounds, smells, and temperature needs to be put under check. Individuals with ASD especially who have sensory issues such as atypical sensory seeking or avoiding often need environmental modifications. This is given to the reason that environmental modifications are required to make the place of learning conducive for the ASD student.
In addition, using soft light, screening bright windows, using earphones or ear plugs, wearing minimal amounts of perfume, and keeping proper room temperature are important steps towards modifying environment for more security. From the larger perspective, these are just simple examples of some of the steps of how both parents and teachers can modify the environment to meet the needs of students with ASD (Lieberman & Houston-Wilson, 2009).
In combination with this, parents and teachers should work hard to create a safe environment. This is can be achieved by means of arranging furniture to make rooms easier to navigate. This is given to the reason that some ASD students do have motor difficulties in the sense that they may have a problem while walking (Nguyen, 2006). As such, they may be disrupted by the arrangement of furniture in the rooms. This is to suggest that they may end up being hurt or simply injured.
Since individuals with ASD tend to be strong visual processors and learners, visual supports are highly effective. This would help them to come to a level of being taught with efficacy and as such use of visual supports is highly recommended. Visual supports come in many different forms such as objects, photographs, pictures, symbols, signs, and written words. In line with this, they may help to increase comprehension of language and environmental expectations as well as to provide structure and predictability. Additionally, Visual schedules, Choice boards, Sentence strips and Social stories may work to bring about the effective learning of the ASD student (Lieberman & Houston-Wilson, 2009). The sitting position of an ASD matters a lot and as such Alternative seating where student will feel less overwhelmed is highly recommended.
According to Lieberman & Houston-Wilson (2009), environmental modifications are meant to increase an ASD success. For ASD students environmental modifications greatly increase the amount of involvement in physical education for such students. From a broader point of view, the modification can be done by adding keys to lights, closing folding doors and covering windows that create glare among others (Sansosti, Powell-Smith & Cowan, 2010). Along with this, there should be minimization of decorations that may distract the attention of the student. More to the decreased distractions, visual cues, limiting noise, changing lighting and increasing accessibility of the playing area together with accessibility to facilities may work as environmental modification to accommodate the easy learning of the student.
According to research, students with ASD function well in a classroom environment which is not only organized but predictable (Sansosti, Powell-Smith & Cowan, 2010, p.104). It is also supposed to be minimally decorated and made with simple arrangement. This makes it possible for one to maintain the student focused on academic tasks. If it happens that the chairs are arranged in rows, a student with ASD should sit at the end of the row for the freedom required for him or her to learn with efficacy.
There is another environmental modification that is required. As such, it is the kind that is known as home base. The home base is meant to provide the student with a quiet place to rest when he or she is overwhelmed by the classroom. In a similar manner, the use of visual supports as environmental modifications are aimed at helping students with ASD to anticipate for events upcoming along with any expectations regarding setting or task requirements. In reality, they bring about a sense of security while reducing anxiety (Sansosti, Powell-Smith & Cowan, 2010, p.104-105).
Arguably, individual with ASD have little or no awareness of danger. In order to ensure safety, parents and teachers need to use equipments that help them by warning when the child is in danger. In the same line of thought, locks or high handles should be provided in order to avoid incidences of such students bringing about danger (Nguyen, 2006, p.12).
Electrical sockets should at the same time be located outside bedroom or inside locked cupboards so as to avoid issues of the students getting their figures in the sockets. In line with this, it is a necessary step if taken to ensure that radiators are in-boxed to eliminate the danger of burns. Windows should be made of strengthened safety glass or covered with plastic as some ASD students enjoy the sound of hitting glass and thus this can be avoided to ensure safety. Smells as well should be avoided by means of employing the use of background aroma to block other intruding smells. The environmental modification should also involve the use of plain painted walls to avoid cases of the wall being stripped (Nguyen, 2006, p.14).
From a general point of view, ASD students need to be handled with care and as such, the planning of the individual education plan should incorporate environmental modifications. As it has been highlighted, modification of the environment ensures safety for the ASD students. At the same time, it helps to maximize the success of the student by ensuring his or her full participation thereof.
У нашей организации классный web-сайт со статьями про картерс оптом.


text:
Q: Exception in aggregate initialization In C++14 (gcc 6.3) I have the following code:
#include <memory>
#include <vector>
#include <stdexcept>

struct A
{
    int a1;
    int a2;
};

struct B
{
    int b1;
    std::shared_ptr< std::vector<A> > Alist;
};

struct C
{
    std::shared_ptr<B> b;
    std::shared_ptr< std::vector<A> > Alist;
};

std::shared_ptr< std::vector<A> > makeListA()
{
    std::vector<A> toto = {{0,1}, {2,3}};
    return std::make_shared< std::vector<A> >(toto);
}

std::shared_ptr< std::vector<A> > makeListAWithException()
{
    throw std::out_of_range("My exception");
}

std::shared_ptr<B> makeB()
{
    return std::make_shared<B>(B{0, makeListA()});
}

main()
{
    std::make_unique<C>(C{makeB(),makeListAWithException()});
}

When running valgrind i have a memory leak : it looks like the objects created by "makeB()" function were not freed. I had this problem only when using aggregate initialization with curly braces.
When I define an explicit constructor on each class (A, B and C), I don't have this issue.
What am I doing wrong ?
Best regards

A: This is gcc bug 66139. Here is a short reproduction, courtesy of Andrzej (with a more thorough description available in the blog post):

#include <cstdio>
#include <stdexcept>

struct Resource
{
  explicit Resource(int) { std::puts("create"); }
  Resource(Resource const&) { std::puts("create"); }
  ~Resource() { std::puts("destroy"); }
};

Resource make_1() { return Resource(1); }
Resource make_2() { throw std::runtime_error("failed"); }

struct User
{
  Resource r1;
  Resource r2;
};

void process (User) {}

int main()
{
  try {
    process({make_1(), make_2()});
  }
  catch (...) {}
}

This prints:
create

It should print (as clang, correctly, does):
create
destroy

A: You don't have associated try/catch so your program terminate.
stack unwinding is not required in that case.
Following should solve your possible leak.
int main()
{
    try
    {
        std::make_unique<C>(C{makeB(), makeListAWithException()});
    }
    catch (...)
    {
    }
}

A: if you change to like below, i think the problem is fixed
std::make_unique<C>(C{makeB(),makeListAWithException()});

to
auto b = makeB();
std::make_unique<C>(C{b,makeListAWithException()});


There will be a closing reception for the show Dark Nature:Eric Gillyard & Crystal Floyd next Wednesday, June 27th at CoRK Arts District. Dig Foods will be preparing a vegan dinner that will begin at 7:00 pm by reservation only, the cost is $25. The gallery will then open to the public from 8:00 to 10:00 pm. Reservations can be made through Dig Foods' facebook page. There will be also be an event page available this weekend at darknature.eventbrite.com to reserve tickets. If you missed the show earlier this month, this will be your second chance to see it (including an encore presentation of a video/music collaboration between myself, Eric and the awesome David Montgomery) and eat some delicious local food!


text:
Young Minds
4 November 2022 by Louis Botha Tax & Exchange Control Alert
Crypto regulatory void no more? Impact of FAIS regulation on exchange control and tax rules
In its 2020 and 2021 position papers, the Intergovernmental Fintech Working Group (IFWG), described the absence of financial regulation applicable to crypto assets as a regulatory void. In the same reports, and in attempting to address this void, the IFWG has made various proposals to amend and introduce legislation that will regulate the crypto assets industry.
On 19 October 2022, a notice was published in the Government Gazette indicating that crypto assets would constitute a "financial product" in terms of the Financial Assistance and Intermediary Services Act 37 of 2022 (FAIS). This means that any provision in FAIS that applies to a "financial product" would apply to crypto assets, as defined in the notice. The notice defines "crypto assets" as a digital representation of value that:
is not issued by a central bank, but is capable of being traded, transferred or stored electronically by natural and legal persons for the purpose of payment, investment and other forms of utility;
applies cryptographic techniques; and
uses distributed ledger technology.
Pursuant to the FAIS notice, a question has arisen as to whether it has an impact on the exchange control position in relation to crypto assets. In this article, we briefly consider this.
Existing exchange control regulation
Prior to 2022, the regulation of crypto assets was not expressly dealt with under the Exchange Control Regulations, 1961 or the Currency and Exchanges Manual for Authorised Dealers (AD Manual). The Financial Surveillance Department of the South African Reserve Bank (FinSurv) had issued guidance on its website (which was still published there at the time of writing) indicating that persons were not allowed to export capital through crypto assets, as this would constitute an unlawful export of capital under regulation 10(1)(c) of the Exchange Control Regulations. However, pursuant to the 2022 Budget, FinSurv issued a number of circulars, which for the first time expressly gave permission for certain transactions in relation to crypto assets. The content of these circulars is included in the latest version of the AD Manual. Most significantly, it was expressly stated that South African individuals could make use of their annual single discretionary allowance (R1 million) and their annual foreign capital allowance (R10 million) to acquire crypto assets abroad. We discussed this in one of our previous Tax and Exchange Control Alerts.
Existing tax regulation
From a tax perspective, crypto assets are defined as "financial instruments" under the Income Tax Act 58 of 1962 (ITA). Therefore, any provision in the ITA that applies to "financial instruments" will also apply to crypto assets. Furthermore, in relation to specific types of transactions, including trading in cryptocurrency or crypto assets, the general income tax principles will apply to determine whether the amount that accrues to a person pursuant to a crypto asset transaction, is capital or revenue in nature. For example, the trading in crypto assets as part of a profit-making scheme will be taxed on revenue account. The tax consequences of other transactions, such as staking or pooling of crypto assets,
will also be determined with reference to these capital/revenue and general income tax principles. There are also provisions in the Value-Added Tax Act 89 of 1991 that apply to the supply of cryptocurrency, being an exempt supply, unless it is for consideration.
Impact of the FAIS regulation and looking ahead
While the FAIS regulation brings crypto assets within the remit of FAIS, it does not appear to impact the tax and exchange control rules currently applicable to crypto assets. The rules discussed above still apply and it therefore remains to be seen whether the tax and exchange control rules will be amended, pursuant to the FAIS notice.
From a tax perspective, it is possible that at some point, providers of services in relation to crypto assets, such as crypto asset service providers (as they are referred to by the IFWG), will be required to submit third party data to the South African Revenue Service (SARS), similar to the way in which banks and financial institutions are required to. This would make it easier for SARS to enforce tax compliance in relation to the transactions concluded by taxpayers with crypto assets on the platforms administered by crypto asset service providers.
From an exchange control perspective, it is anticipated, as announced in the 2022 Budget Review, that the Exchange Control Regulations may be amended to specifically include "crypto assets" in the definition of "capital", similar to the inclusion of "intellectual property" in the "capital" definition a few years ago.
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Come on in to Aspen Ski and Board located on Polaris Parkway and check out the North Face Metropolis Parka II Womens 2019. This standard fit, waist defining parka features 550 fill goose down, snap off removable hood and internal, secure zip, media compatable pocket. Contact us at 614-848-6600 for more information.


text:
Q: Ver a que pod estoy accediendo al ingresar a una url (MInikube) Tengo un deployment creado y un servicio NodePort, este deployment tiene 3 replicaset de una app (una api) cuando hago un describe del servicio puedo ver que cada pod tiene un endpoint en este caso:
172.17.0.5:15400
172.17.0.6:15400
172.17.0.7:15400
O sea cada una de esas ip pega en cada pod que levanto el replicaset.
AHora , si ingreso a la ulr con el ip generado por el nodeport, como puedo saber a que pod le estoy pegando cada vez que actualizo la pagina con F5?
Estoy usando un minikube local

A: Usa la downwardapi
Con variables de entorno
...
  containers:
  - name: x
    env:
    - name: POD_NAME
      valueFrom:
        fieldRef:
          fieldPath: metadata.name
    - name: POD_IP
      valueFrom:
        fieldRef:
          fieldPath: status.podIP

En la app accesa a la variables de entorno $POD_NAME y $POD_IP


Dr. Oliver, I would like to take this time to thank you and your staff, for the positive treatment that I received on October 27, 2017.
At J. Mark Oliver Dental Associates, Winston-Salem NC, Dentist J. Mark Oliver, DDS and Dentist Fonda Strickland, DDS value and treat each and every patient as members of their dental family. Your comfort and confidence are of primary importance, so we continually seek to provide quality comprehensive oral health care in a family-friendly environment.
When it comes to dental implants, which require accurate planning and surgical skill, our highly trained and experienced dentists are prepared to deliver optimal results. We use state-of-the-art technology to ensure comfort, convenience, and quality care, and we offer nitrous oxide to ensure a relaxed and pain-free experience.
When tooth loss or damage occurs due to an accident, age or disease, we are prepared to restore your smile and ease your pain. A custom dental crown protects and strengthens a broken tooth while restoring it to its original shape and size. A dental bridge is the best way to replace a missing tooth. Our team will discuss options with you, as we take pride in assessing each individual's specific needs while providing information that helps guide you in your decision-making.
Brighten your smile and boost your confidence after only one appointment and a day or two of bleaching in the comfort of your own home. Our team takes pride in our quality service, and it makes us exceptionally happy to be able to provide you with the smile you deserve. Read more about teeth whitening here.
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4.5 out of 5 stars based on 3 reviews.
Dr. Oliver, I would like to take this time to thank you and your staff, for the positive treatment that I received on October 27, 2017. May God continue to bless you and your staff.
My daughter has been to many dentist. She has been so scared because of bad experiences. This is the only dentist that she was able to have a full cleaning and x-ray. They give each child the time they need. Also, my other daughter threw up in the chair because she wasn't feeling well to begin with. Nothing to do with the dentist. The staff was extremely nice and politely reschedule. I didn't get the hygienist name. But she was AWESOME!
A great office, professional and friendly! Thank you so much!