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Legal & Regulatory > Colombia > Preclinical and Clinical Trial Requirements
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Preclinical and Clinical Trial Requirements
Cavelier Abogados / Colombia
The key requirements for conducting preclinical and clinical trials in Colombia. Prepared in association with Cavelier Abogados, a leading global law firm, this is an extract from The Pharma Legal Handbook: Colombia, available to purchase here for USD 99.
1. Are clinical trials required to be conducted locally as a condition (stated or implicit) for marketing approval?
No. INVIMA accepts clinical trials conducted abroad, if they sufficiently demonstrate safety and efficacy of the drug product.
2. How are clinical trials funded?
In Colombia, clinical research on humans is currently regulated primarily by Resolution No. 8430/93, that determines the scientific, technical and administrative standards for health research in Colombia.
Resolution No. 2378/08 incorporates the Good Clinical Practices drafted by Technical Working Groups appointed by the member countries of the Pan American Network for Drug Regulatory Harmonization (PANDRH), focused on requirements to be met by health institutions performing clinical research in humans.
Access to human genetic resources or sampling of biological material of minor ethnic groups or members of indigenous communities is also regulated through Resolution 3283/97.
3. What are the requirements for preclinical and clinical trial protocols? Who must approve the protocols?
INVIMA has the responsibility to evaluate and approve the clinical research protocols to be carried out in Colombia. Any change in a protocol already approved should be notified to the Sanitary Authorities.
4. What are the requirements for consent by participants in clinical trials?
In Colombia this is called informed consent and it must be signed by two participating witnesses and the medical investigator. No ambiguity will be tolerated and the information will be provided according to the socio-cultural level of each one of the volunteers. In the same way, an informed consent is required for genetic samples, wherein aspects such as usage of said samples, conservation time and confidentiality should be explicit. The informed consent must contain:
Rationale and goals of the research.
Procedures to be implemented and their purpose, including identification of experimental procedures
Expected discomfort and risks.
Potential benefits.
Alternative procedures that may be advantageous for the subject.
A guarantee of getting answers to any questions, clarifications to any doubts about procedures, risks, benefits and other matters related to the research and treatment of the subject.
Freedom to withdraw his/her consent at any time and retire from the study, without prejudice to further care and treatment.
The insurance that the subject's identity will not be revealed, and that all information concerning his/her privacy shall be kept confidential.
A commitment to provide the subject with updated information obtained during the study, even if this may affect his/her willingness to continue the study.
Availability of the same medical treatment and compensation to which the subject would be legally entitled, in case of damages caused by the research directly affecting him/her, on the part of the researching institution.
In case additional costs arise, they shall be covered by the research budget or that of the responsible institution
5. May participants in clinical trials be compensated?
Compensation for participating in clinical trials is not forbidden, nor specifically regulated under Colombian law, therefore it is possible to agree on compensation in exchange for participation in a clinical trial. According to Resolution 2378/2008, sponsors must submit the clinical trial budget for the participating center, specifying, among other items, the budget for participants.
The compensation should be considered as a supportive incentive for expenses due to participation in the trial (transportation, food, work absences).
6. How are participants in clinical trials protected and indemnified against any harm that arises as a result of participation in the trial?
Contractual agreements with insurance clauses. In the absence of such agreements, extra contractual responsibility rules would apply for indemnification, having the patient bear the burden of proof on any damages suffered as a consequence of the clinical trial.
Also From This Contributor
Regulatory Reforms: Colombia
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Regulatory reforms in Colombia – a legal guide. Prepared in association with Cavelier Abogados, a leading global law firm, this is an extract from The Pharma Legal Handbook: Colombia, available to purchase here for USD 99. 1. Are there proposals for reform or significant change to the healthcare system? No 2. When are they likely to come into force? N/A
Regulatory, Pricing and Reimbursement: Colombia
Need to know about regulation, pricing and reimbursement in Colombian pharma? Read on! Prepared in association with Cavelier Abogados, a leading global law firm, this is an extract from The Pharma Legal Handbook: Colombia, available to purchase here for USD 99. 1. What are the regulatory authorities with jurisdiction over drugs, biologicals, and medical devices in your country? Jurisdiction over drugs, biologicals and medical devices is centralized at the Instituto Nacional de Vigilancia de Medicamentos y Alimentos, better known as…
Patents and Trademarks: Colombia
Read more to find out about patents and trademarks in Colombian pharma. Prepared in association with Cavelier Abogados, a leading global law firm, this is an extract from The Pharma Legal Handbook: Colombia, available to purchase here for USD 99. 1. What are the basic requirements to obtain patent and trademark protection? Colombia is an Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) standard jurisdiction with a pre-grant opposition, absolute novelty patent system where all technical fields are eventually…
Product Liability: Colombia
Find out about product liability in Colombian pharma. Prepared in association with Cavelier Abogados, a leading global law firm, this is an extract from The Pharma Legal Handbook: Colombia, available to purchase here for USD 99. 1. What types of liability are recognized in your jurisdiction? Contractual and extracontractual responsibility under the general principle that anyone causing damages to a given person is liable for those damages. 2. How do these types of liabilities apply to the manufacturers of…
Traditional Medicines and OTC Products: Colombia
Get the lowdown on traditional medicines and OTC products in Colombian pharma. Prepared in association with Cavelier Abogados, a leading global law firm, this is an extract from The Pharma Legal Handbook: Colombia, available to purchase here for USD 99. 1. What are the regulatory requirements for traditional, herbal, complementary, or alternative medicines and devices? Traditional medicines are ruled through Decree 2266/04 which establishes regulatory requirements for phytotherapeutics. These are some of their main requirements: Pharmaceutical forms: tisanes or any…
Marketing, Manufacturing, Packaging & Labelling, Advertising: Colombia
A structured legal guide to marketing, manufacturing, packaging & labelling and advertising in Colombian pharma. Prepared in association with Cavelier Abogados, a leading global law firm, this is an extract from The Pharma Legal Handbook: Colombia, available to purchase here for USD 99. 1. What is the authorization process for the marketing of new drugs, biologics, medical devices, over-the-counter medications, and other medicinal products? Please refer to Chapter 1: Regulatory, Pricing, and Reimbursement Overview. 2. What is the authorization…
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Your Daily Cute: Two Cats Tuesday: Pimp Sleeping a Round and Moo on a Shelf!
Moo and Pimp posts are my favorite!
i like it. 2 cat 2day. lay n around, checkin out the crib. man i need a nap. soooo much stuff too do. i need a nap. i might need a pre-nap to get my nap just so.
Pimp is adorable sleeping curled up and it is a great comfort holding your knees (especially if aching like mine). Also amazing how cats can get up and into the smallest areas. Agility - wish I had some of it.


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In addition to commercial matters, Mr. Bomsztyk maintains an active practice representing injured individuals in their personal injury claims as well as advocating for criminal defendants in appellate, post-conviction and immigration proceedings.
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Trial Accomplishments:
After a month-long jury trial, obtained a complete defense verdict for franchisor being sued by multiple franchisees and successor franchisor for violations of Washington's Franchise Investment Protection Act and other breach of contract claims.
After trial, obtained complete reversal of industrial insurance premiums assessed against trucking company by Washington's Department of Labor & Industries.
Obtained a hung jury for a Defendant with a blood alcohol limit above .11 and charged with driving under the influence. After the trial, successfully renegotiated the charge with the prosecutor so that the Defendant could plead to a significantly lesser charge and receive no jail time or other conditions associated with a conviction for driving under the influence.
Personal Injury Litigation:
Settled a personal injury claim by an inmate of county correctional facility for $250,000.
Settled a personal injury claim by a pedestrian struck by a bus for $150,000.
Settled the claim of a homeowner injured by a contractor during a remodel for $125,000.
Millions of dollars obtained for injured individuals for their medical malpractice, hospital malpractice, and nursing home malpractice claims subject to confidentiality provisions.
Commercial Transactions:
Corporate counsel for scores of Washington small businesses advising, negotiating and drafting: joint venture agreements, commercial leases, purchase and sale agreements, licensing/franchise agreements, noncompetition and other employment agreements.
Negotiated and drafted a multi-million dollar construction contract on behalf of the general contractor for a condominium conversion of a historic building in Seattle, Washington.
Negotiated and drafted the terms of a stock purchase buy out whereby one shareholder bought out the remaining shareholder and acquired full ownership of a well known retail brand.
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Successful defense of dermatologist's medical license accused of violating Washington Department of Health regulations governing medical spas.
Successful defense of mortgage brokers' license accused of violating Washington Department of Financial Institution regulations governing the mortgage industry.
Successful savings of hundreds of thousands of dollars representing small businesses in Department of Revenue, Labor & Industries, and Employment Security Department audits, charges and hearings. Scores of successful representations in various governmental administrative hearings and before the board of industrial insurance appeals.
Commercial Litigation:
Litigation on behalf of commercial landlords and commercial tenants settling millions of dollars of disputed lease provisions.
Litigation on behalf of both creditors and debtors settling millions of dollars in disputed debts.
Litigation on behalf of business partners negotiating and settling disputed relationships and allowing businesses to remove partners and/or partners to be released.
Appellate/Post-Conviction Criminal Defense:
Filed a motion for new trial, after Defendant was convicted by a jury after a three-day trial. Through thorough investigation and persuasive argument, convinced the trial judge to reverse the jury's verdict and dismiss the case against the Defendant. The defendant was saved from imminent deportation to Somalia.
Filed a motion to withdraw guilty pleas on the basis Defendant was incompetent to enter the pleas due to extreme schizophrenia. Through thorough investigation and persuasive argument, convinced the judge to allow the Defendant to withdraw guilty pleas and dismiss the charges. The defendant was saved from imminent deportation to Cambodia.
After being sentenced by a King County Superior Court judge for two separate felonies causing an increase in client's offender score and sentence, appealed to the Washington State Court of Appeals, Division I arguing that the two felonies were part of the same criminal conduct and should not be sentenced separately. The Court of Appeals agreed and remanded the case back to King County Superior Court to resentence client.
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Traditional Funding & Crowdfunding" Presented to William Factory Small Business Incubator
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Q: PHP Application Not Working Cant Write PDF File I'm working on http://usborrow.com. The site used to be able to output the data to a PDF, however I am now getting the following error:
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fopen(docs/30b583784503f7dc61999d234c67e204.pdf) [function.fopen]: failed to open stream:
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The script around line 218 is as follows:
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    // Create the attachment and params
    $fileatt = '/'.$pdf_filename;
    $fileatttype = "application/pdf";
    $fileattname = $offer->hashval.'.pdf';
    $file = fopen($fileatt, 'rb');
    $data = fread($file, filesize($fileatt));
    $data = chunk_split(base64_encode($data));
    fclose($file);
    $random_hash = md5(date('r', time()));

I've tried changing the permissions on the Docs folder, however it's still not working. Any support would be greatly appreciated.

A: Not sure what file mode rb is...but I think the one you're wanting is r+.

A: Maybe its not for the kind of read .. its for the path
try this before the fopen:
if (!is_dir("docs") {
  mkdir("docs");
}

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Property Location Located in Eastbourne (Eastbourne Seafront), Breakers Guest House is minutes from Redoubt Fortress and Military Museum and Treasure Island. This bed & breakfast is within close proximity of Eastbourne Pier and Eastbourne Bandstand.Rooms Make yourself at home in one of the 7 individually decorated guestrooms, featuring DVD players and flat-screen televisions. Complimentary wireless Internet access is available to keep you connected. Bathrooms feature showers, complimentary toiletries, and hair dryers. Conveniences include phones, as well as coffee/tea makers and irons/ironing boards.Rec, Spa, Premium Amenities Make use of convenient amenities, which include complimentary wireless Internet access and tour/ticket assistance.Dining A complimentary English breakfast is served daily.Business, Other Amenities The front desk is staffed during limited hours.


Birmingham is brimming with archives for family historians to explore. This talk will explain some of the name-rich but lesser known sources for tracking down your Brummie ancestors. These include: the many newspapers published in the city since the mid-18th century; the municipal cemeteries constructed to serve the burgeoning population; the non-conformist communities that have played such a key part in Birmingham's history; the children's homes set up for the urban poor; the criminals who appeared in the city's courts; those who worked the Midlands' many canals; and military ancestors, including the WWI Birmingham Pals.
Mike Sharpe is a professional genealogist, writer and lecturer specialising in the local and family history of Birmingham and the wider West Midlands. He runs Writing the Past (www.writingthepast.co.uk), a family history research and writing service, and is a member of the Association of Genealogists & Researchers in Archives (AGRA) and several family and local history societies. His books, Tracing Your Birmingham Ancestors and Tracing Your Potteries Ancestors are published by Pen & Sword. Mike was born in Birmingham and has traced his roots there back to 1750, long before the influxes of the Industrial Revolution, making him a true 'Brummie'.


Nook Color for $199 (was $249). Good!
Update: After Barnes & Noble launch Nook Tablet the price for NOOK Color was lowered to $199. Now Walmart should come with a better price for Black Friday.
You don't have to go to Walmart. With the release of the Nook Tablet, the Nook Color MSRP is dropping to $199, everywhere. Walmart never had them cheaper than full retail, AFAIK. Your best deal on an Nook Color is still the warranted refurbs at Overstock.


We proudly present Mika Kusakari's solo exhibition "Uneven Painting – BARUSU," which follows her "Uneven Painting" held at TAV Gallery last year, as her new development of the series seeking the gap between one, two and three dimensions inside the frame of painting. Main large new exhibits are "Autograph" work in 2000×3000 mm which consists of 24 pieces (500×500mm, each) and "Homage" work in 2000×2000 mm which consists of 16 pieces (500×500mm, each).
Kusakari, who styles herself megalomaniac existentialist, believes a direct connection between the inside of the work and the world as the outside at a certain important aspect. That is, the work for Kusakari overlaps with "Barusu," the spell to end the world in the famous Japanimation "Laputa." All-time possibility to be taken apart derived from the set canvas system especially in large-sized works and the selling by piece will yield crashing sensation, very the "Barusu." Acrobatic coexistence of color, lines and material has full of tense close to "Barusu," of course.


David Sokoloff, of the University of Oregon, worked with campus academic two active learning strategies, including the use of computers in rooms for classes and laboratories. Two active learning strategies, focused on the teaching of physics, are the ones that Maria presented the academic David Sokoloff, of the University of Oregon, during his visit to the Santa University. The expert issued on campus a workshop concerning the issue, with the assistance of House of studies teachers and other universities in the area.
The first one, "Physical" in real time", is intended to be implemented in laboratories, while the second,"Interactive demonstration classes", can be developed in the own classroom. "But the learning cycle is the same in both," said the expert.
"The students, since they are too young are in contact with physics: walking, bike riding, driving a car." They are all physical experiences. And therefore, some ideas are formed in your head about it,"said. "To teach physics, it is important to recognize that these ideas are there and that we must correct them rather than deny them. You must leave behind the belief that all you need to do is to transmit content and that they understand them. "So it is more difficult, because you have to explain why what you believe is not correct and replace it by what is right".
Professor Sokoloff said that in the past, who taught classes assumed that students understood that speaking of certain concepts, such as non-friction of Newton, is was referring to an ideal situation.
"But today, they don't really understand this situation and make no differences, so very often become very erroneous conclusions. Replace those ideas is complex: research in the teaching of Physics in the last 15 or 20 years shows very clearly that the students will not change their ideas unless they first recognize what are and then see that many times don't match what actually happens in the physical world. And how to see and find out what they think, is to make to predict things. That is the most complicated for them, because they're used to sit and listen, but not to express their thoughts. It is vital that they do so, because otherwise they won't change their points of view through the course, something that often happens with the traditional kind, where the teacher only transferred knowledge", he explained.
In both learning strategies, predictions of the students prior to an experiment are starting engine. Then, they should gather in pairs or trios to discuss them and reach an agreement, which will be put to the test when the experiment effectively carried out, either by themselves or in the laboratory by the teacher in the classroom. Finally, the results of the discussion and produced a general dialogue.
The big difference is that in doing experiments, now it boasts the technology: simply plug a microcomputer and a motion sensor to have an instant chart that cross the speed and time variables using a toy car, for example,. "Student can view then the movement and the chart at the same time, doing a very careful and precise association between the two. "And is proven that there are major differences between that and make the graph by hand, which takes many minutes", clarified.
"The technology allows to teach otherwise. Because previously it was the experiment and graphic, and analysed; now, this chart can be instantly, and the student can make modifications, and test, adding mass, friction, etc. And that results in more graphics and more analysis,"exemplified. "Students can live a series of experiences in a short period of time. Instead of spending those minutes doing the graphic, used in its analysis. Technology power then active learning".
Professor David Sokoloff is the author of two methodologies mentioned above and has received several awards and recognitions from the global academic community. For example, a few years ago was awarded the award of excellence in teaching by the American Association of physical (APS) and the medal Millikan of the American Association of teachers of Physics (AAPT), entity years later chaired.


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Calendar Map
North Carolina Direct Support Professional Working Group
Thursday, January 5, 2023 – 12:00 pm - 1:00 pm
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The series of events starts on Thursday, June 2, 2022 – and ends on Thursday, May 25, 2023 –.
NC Medicaid Community Partners Webinar
Date Monday, January 30, 2023 – 1:00 pm - 2:30 pm
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Wednesday, February 1, 2023 – 12:00 pm - 1:30 pm
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THE REC-ING CREW: YOUTH SPECIAL NEEDS PROGRAM
Wednesday, February 1, 2023 – 4:00 pm - 5:30 pm
Quarterly Council Meeting Day 1, February 2, 2023
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Thursday, February 2, 2023 –
[The Council]
Joint DMH/DD/SAS and DHB Provider Webinar
Thursday, February 2, 2023 – 3:00 pm - 4:00 pm
Friday, February 3, 2023 –
2023 Special Olympics NC Athlete Virtual Coffee Chat Series
Friday, February 3, 2023 – 2:00 pm - 2:30 pm
Jackson/Swain/Qualla Boundary Autism Chapter
United States, North Carolina, Swain County, Bryson City, 28713
Tuesday, February 7, 2023 – 6:00 pm - 7:00 pm
Leadership Training Opportunities for Young Adults and Adults with I/DD
NCCDD Policy Education Meeting
Thursday, February 9, 2023 – 10:30 am - 12:00 pm
Disabled Artists/Artists with Disabilities Group (via Zoom)
Night to Shine
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Friday, February 10, 2023 –
Dream Girls: Audio Description Performance
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Saturday, February 11, 2023 – 2:00 pm - 3:30 pm
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Winston - Salem, NC
Sunday, February 12, 2023 – 11:30 am - 12:30 pm
Allie Kazan and the Magic Mansion - Sensory Friendly Performance
Sunday, February 12, 2023 – 4:00 pm - 5:30 pm
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Tuesday, February 14, 2023 – 12:00 pm - 1:30 pm
Engaging IDD Stakeholders and Families as Partners in Research
NCCDD Self Advocate Discussion Series
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Marbles Sensory Friendly Playtime
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Thursday, February 16, 2023 – 12:00 pm - 1:00 pm
NC CEC 2023 36th Annual Conference-"Refresh, Renew, Refocus"
Friday, February 17, 2023 – - Saturday, February 18, 2023 –
ABLE BUDDIES NC FAMILY AND FRIENDS NIGHT
Friday, February 17, 2023 – 6:00 pm - 8:00 pm
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Autism Society - Person County Chapter craft time
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Tuesday, February 21, 2023 – - Wednesday, February 22, 2023 –
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Thursday 04 November, 2021
Published On: Wed, Nov 29th, 2017
First 'Black Lightning' teaser, promo still reveal Cress WIlliams, the costume
CW released a short Black Lightning official teaser, giving fans their first promo still since featuring Cress Williams' as the titular character all the way back on July.
Black Lightning will be treated as a standalone series and is not considered to be a part of the Arrowverse block which consists of Arrow, Supergirl, The Flash and DC's Legend of Tomorrow, although folks behind the new show are leaving the door open for any possible crossover opportunities down the line.
The special-skilled hero, who has the ability to harness and control electricity can be seen in the few second long clip, which debuted during the first part of the four-show, two-night Arrowverse crossover which will continue on Tuesday, November 28.
In the teaser, we hear Jefferson Pierce saying "People out there need me. Black Lightning is back" while we see the titular character under the pouring rain, clenching his fist and his eyes glowing.
Audiences meet Pierce living a normal life as a principal at a charter high school after he gave up the Black Lightning mantle nine years ago upon learning how his night job affects his family. He is, however, forced to suit back up when crime rates start to increase in his community. From the sound of it, the new project is taking on a more grounded story infused with your usual comic book tropes. The premise gives it the opportunity to use time lapses and get creative with their presentation of the character's return journey to his crime-fighting days.
It's unclear how any of this fits into the the show's narrative, but it's clear that there will be a pivotal moment where he decides to come out of superhero retirement and once again suit up as his alter-ego. Check out the full video clips below.
Williams will be joined in Black Lightning by Jill Scott as the villainous Lady Eve, Marvin Jones III as crime boss Tobias Whale, Jame Remar as Jefferson's mentor, Peter Gambi, Daniel Gupton as veteran law officer, Inspector Henderson and Chantal Thuy as Grace Choi.
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Q: Setting seed, sample kind argument throws warning I have to set a seed so i did write:
set.seed(2, sample.kind = "Rounding")

Used sample.kind argument because I have latest R version (4.0.3).
But the console throws:
Warning message:
In set.seed(2, sample.kind = "Rounding") :
  non-uniform 'Rounding' sampler used

I used this argument quit often in the past and it worked well.
As I see my calculations give the same output for both (with and without sample.kind). Then what is the point of using the additional argument?

A: From ?set.seed

sample.kind can be "Rounding" or "Rejection", or partial matches to these. The former was the default in versions prior to 3.6.0: it made sample noticeably non-uniform on large populations, and should only be used for reproduction of old results. See PR#17494 for a discussion.

This is the bug report https://bugs.r-project.org/bugzilla/show_bug.cgi?id=17494
So it is suggested to not use this kind now hence the warning.


Rokkī shimpō = Rocky shimpo . (Denver, CO), Dec. 22 1945. https://0-www.loc.gov.oasys.lib.oxy.edu/item/sn83025517/1945-12-22/ed-1/.
(1945, December 22) Rokkī shimpō = Rocky shimpo . Retrieved from the Library of Congress, https://0-www.loc.gov.oasys.lib.oxy.edu/item/sn83025517/1945-12-22/ed-1/.
Rokkī shimpō = Rocky shimpo . (Denver, CO) 22 Dec. 1945. Retrieved from the Library of Congress, www.loc.gov/item/sn83025517/1945-12-22/ed-1/.


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Writing is Scary. Life is Scary.
Ever wanted to hear unsolicited writing advice from someone who's barely old enough to drink? Then this is the place for you.
Humor, Tragedy and the Dynamic Story (Part Three)
"People don't expect too much from literature. They just want to know they're not alone with being confused."
― Jonathan Ames
Part Three: The Core of Dynamic Comedy
I was considering doing one post dedicated to comedy, and then one dedicated to tragedy, but came to the realization that neither post would make sense without explaining the core idea first. I mean, what good is a nervous system if you have no spine? Think of this post as the spine of the topic. Or the heart? I know a lot of people refer to the core of something as the "heart" of it, but I feel like spine is a bit more accurate. But then again, the brain is pretty important too-- but I've never heard anyone say that something was "the brain" of something to refer to the most important part. Unless it was "the brains of the operation," but that refers more to the ideas behind a plan rather than the core concept of said plan. Although this makes me wonder if analogies referring to the core of something are limited to body parts.
What do you guys think, does spine or heart sound better? I suppose in extreme cases, a person might be able to theoretically survive without a spine (please don't quote me on this, I'm just an idiot), but no one could live without a heart, so maybe the heart is more important.
Okay maybe I should stop procrastinating and get to the point already.
That looks pretty important, let's go with that.
The thing to understand is that funny and sad are two things that go together miraculously well. I say "thing" because I''m not sure if "funny" is an emotion; at the very least it's a feeling, because we all know what it feels like to be rolling around in laughter, although I suppose "funny" is only used as an adjective to describe something that makes us feel that way, which raises the question, what is the "funny" emotion?
Anyway, the idea that funny and sad go together like gasoline and fire is a concept that the likes of Cervantes and Jonathan Ames understood fully. They knew there was something exceptionally charming about things that are tragic yet hilarious at the same time.
Gonna use Don Quixote as an example because of course I am.
Good grief, I mention Don Quixote so often I should make a long-winded 15k word blog post about it like I did with Alita.
Oh no... now I'm thinking about it, and the more I think about it, the more I want to do it.
No, don't worry, I won't do that. I have better plans.
Alright guys, I'm going to tell you something but you have to promise not to get mad.
I'm gonna write a long-winded and boring post about Don Quixote after this.
You guys all saw it, I valiantly tried with all my might to resist. I did my best.
Moving on, the thing that made Don Quixote so famous was that it was both beautifully written yet was so unconventional. Don Quixote was written around the same time Shakespeare was growing in popularity, and most writers and playwrights by that time had settled into two narrow categories: comedy and tragedy. Now, comedy back then simply meant "a story where the hero succeeds" and tragedy simply meant "story where the hero fails." Technically, every story in history falls into one of those two categories.
Or do they?
(Play this music while you read for maximum immersion)
The thing is that many stories don't have a clear-cut ending where the hero succeeds or fails. Take Inception for example, where he spins the top to find out if he's in a dream or if he's in the real world, and the camera cuts off before you can see if the top stops spinning or not.
Now, a lot of stories combined comedy-- as in the humor kind-- with tragedy. Shakespeare was known for throwing lots of funny and inappropriate moments into otherwise dark stories, but what you rarely see is the inverse; a funny story with occasionally dark moments.
You see, when humor and tragedy are both largely relevant in a story, usually one dominates the other, and 9 times out of 10, it's a sad or emotional story with sporadic bursts of comedy.
But what happens when you write a comedy, something that's so well-written and relatable that it makes its readers / viewers laugh uncontrollably, but insert unexpectedly sad moments?
You get Don Quixote and Wake Up, Sir!
It's not just that-- it's the way humor and sadness interact with each other. Usually this means creating a funny set of circumstances but a pessimistic or nihilistic view of them.
For example, in Spongebob, as discussed in my Cartoons post, as well as Emp Lemon's Video, the main thing that made Spongebob resonate with millennials was the contrast between Spongebob's and Squidward's outlook of life, despite them both working the same dead-end job. Yet one thing I'd like to add to that is the notion that, not only is that dichotomy what made Spongebob great, it's what made it funny.
In Wake Up, Sir!, the circumstances that the protagonist Alan Blair finds himself in are hilarious and outlandish, but his depressing and bleak view of the world contrasts with the humor we as the readers experience. What this means is that his misfortune is our entertainment, his suffering is what makes the story funny.
Now with Don Quixote, it was the opposite. His life was completely depressing and inconsequential; he was a poor Spaniard who owned a tiny farm and had no real family or friends besides a couple of extended relatives who he hardly interacted with. But he was so batshit crazy that he thought the windmills he was fighting were giants, and that the sheep being herded by the shepherd were actually saracens or an army of enemies from some foreign nation, and he then proceeded to slaughter all of the sheep with a broadsword in one of the most morbid but wildly hilarious scenes in the entire 800,000 word book. Then there's his clueless "squire" Sancho Panza, being dragged along like a middle aged man on Ashley Madison, who keeps taking the blunt of all his master's fuck-ups and constantly wants to quit but has absolutely nothing better to do so he sticks it out.
There's even one scene where Don Quixote and Sancho Panza puke in each other's mouths, and I recommend the book just for that scene alone.
But what intrigues me is the ability for the story to switch between hilariously flippant and serious at the toss of a hat.
Aw crud, it landed all the way over there?
In one scene two guys are violently puking their sweet guts out into each other's mouths, and in the next the story is exploring heavy themes about depression, loneliness, suicide, unrequited love, financial instability, etc.
Great, now I gotta go get it
(How did Cervantes predict 2019 over 400 years ago?)
Now the thing to note here is that it's not a gimmick. A lot of stories might try to haphazardly throw in some random depressing shit into their funny story, or vice versa, as a half-baked attempt at keeping the reader hooked (looking at you Cassandra Claire) but this usually comes across as inauthentic and contrived.
What's that? Brittany and Brad are breaking up for the 4th time in the book?? And they got back together at the start of the next chapter each time they previously broke up, but this time is totally serious?
Yep, they totally aren't going to get back together next chapter.
Although with stories like Don Quixote, the change of mood isn't artificial or manufactured. It's developed naturally by drawing from the setting and events of the story. In other words, it grows organically.
This is the result of careful planning; in order for a story to pull this off, there has to be meticulous attention to detail on the creator's part. This means deciding before you start writing the story how the mood will change, and then planting seeds that can grow later on. This example shouldn't count because it hasn't been written yet, but this is what I'm planning for The Pen Pal. I casually mentioned it in a previous post (I talk more about this story idea than the actual book I'm writing, lol) and what I'm doing right now is planning where to plant the seeds in the first third of the book, that way later on I have material to work with.
One example from my work is drawing from relatable experiences in the real world.
(This is a minor spoiler for one of my future works, so if you don't want it spoiled, skip ahead to the SAFE marker.)
I noticed that a lot of funny stories usually have a small, and subtle element of mystery. In Wake Up, Sir! it was the slipper thief, and in Don Quixote- well, there were several in Don Quixote, but one of the bigger ones was if Sancho would ever become lord of an island one day like he was promised.
In The Pen Pal, I decided to insert an element of mystery at the beginning of the story by having the protagonist's friends notice a promiscuous woman. It starts with one of them smiling and saying, "See that piece of *ss over there? I snuggled that last night," and then one of the others chiming in that they did too. Of course this causes a small argument to break out, where both think the other is lying, only for them to realize that this woman actually had slept with two of the seven people at that table.
And, afterwards, they notice that every night of the cruise, she's hitting it off with a different guy, and come to the conclusion that she's a femme fetale, making rounds around the ship to seduce men and destroy their relationships. They come to this conclusion when they see her hitting on numerous married men.
But then, the plot thickens.
I love when the plot becomes dummy thicc
For you see, there is almost always one man seen conversing with her, and often these two kiss. Based on the way they act, and the fact that both of them have a wedding ring, it is possible to conclude that they are married!
So it is at this point that the two friends of our protagonist realize that she has been cheating on her husband with numerous men on the cruise ship, and that she must have pulled it off flawlessly if her husband still didn't know about it.
But that's not all; it is later revealed by one of the female friends that the husband tried to hit on her, and it is only after their burning curiosity becomes so hot that they can no longer bear it, that they get up and approach the woman directly asking what's actually going on.
It turned out the woman and her husband were in an open relationship, and were entirely aware of what the other was doing the entire time.
The thing to note with this is that it is in no way a part of the main plot, in fact it's barely a subplot. The story itself doesn't really explore this little tidbit very much, however it pretty much unfolds entirely through dialogue. Just little snippets of conversation here and there bring this subplot to fruition, and it is only one of many like it.
By planting the seeds of the "promiscuous stranger" subplot in some dialogue at the beginning of the book, I can clear the way to expand on it more later on in the story.
But after seeing how planting seeds early on works, you might be left with the question, How do I come up with this stuff? It's a lot more simple than you might think-- just work backwards.
The truth is, that most normal, ordinary stuff can be made interesting just by working backwards to create some sort of mystery or ambiguity about it.
(Minor spoiler here)
For example, with the "promiscuous woman" subplot I mentioned, I could just have introduced a couple that was in an open relationship, but introducing them this way is much more engaging and interesting, even if at the end of the day the characters are still the same.
(Safe)
By working backwards, from the end of the story to the beginning, you can decide how to scatter clues and ideas as "seeds" to accomplish this effect.
No, not those, those only grow watermelons.
Now just to make something clear, this isn't something you only do if you're writing a mystery novel. While this is something you would do if you were writing a murder mystery, every story should utilize this technique. Pretty much every story does (or at least, should) have some element of mystery to it, because if you already know everything, why continue reading?
This is also how you utilize foreshadowing. It's easier to foreshadow events when you, the author, already know what's going to happen.
Now many people might say, "I don't need to work backwards, because I already know what's going to happen," but no, you sir are mistaken.
Even if you already have the ending planned out (and I hope you do because you probably shouldn't start writing until you've at least outlined the story), odds are it won't be exactly how you planned. Because there are factors in the first half of the story that you couldn't possibly keep track of, the end result will likely resemble what you had in mind, but probably won't be exactly how you initially imagined.
In my current manuscript Desolation's Reach, (it's about time I mentioned my WIP instead of just talking about The Pen Pal) I always had a basic outline from start to finish:
The main character is Cerres, he'll end up fighting three different "bosses," if we refer to the strongest enemy fights as boss battles, and then everything is revealed at the end of the book and the veil is lifted.
However, while I technically accomplished all of that in the completion of the first draft, it turned out way different than I expected.
(Don't worry, there's no spoilers.)
For example, I intended for there to only be two races in the story: the humans and the Chaeklin.
But halfway through the story, I realized that the history and world of Dormere was too rich and saturated for there to only be two factions in play, so I created an entire species called the "Airock" that would ultimately end up playing a pretty massive role in how the events of the story unfold in the second book.
I didn't know that the Airock would be a thing in the story when I initially planned out the basic outline, so the final product, while technically following the guidelines I set, was vastly different from how I anticipated, and that's why it's important to go over the story a few times from the end to the beginning and plant those seeds. Now that I know what role the Airock will be playing the grand scheme of things, I can go back and plant little seeds and foreshadow some of the events that follow.
By now I think I've exhausted this topic pretty extensively, so the last point I would like to make is this:
When you go back to plant seeds, don't just use them for mysteries or for foreshadowing; while those things are important too, the best use of this technique is to plant seeds for entire emotions. Not just events of the story or individual plot points, but entire sentiments and worldviews.
With the omnipotent control you have over your story, you can go back and plant seeds of sentiment
that will later grow into entire character arcs.
Let's go back to Zuko from ATLA for a second.
It's no mystery why so many people refer to Zuko as the greatest redemption arc in television history.
He went from a rotten brat who burned down villages to please daddy to a well-rounded and deeply flawed character who ultimately became Aang's only chance at defeating Ozai. We see the ultimate culmination of his story arc when he confronts Ozai in his chamber during the eclipse, and he has all the opportunity in the world to kill him while he's defenseless, but he merely says, "Because I know my own destiny. Taking you down is the Avatar's destiny."
And he was right, because if he had just killed Ozai on the spot, it wouldn't have ended the war. He would be seen as a traitor who murdered his own father for the throne, and his sister Azula would have taken over. Iroh said the same thing earlier when asked why he wouldn't face Ozai, when he said, "History wouldn't see it as bringing peace. They'd see it as a brother killing a brother for power, only the Avatar can kill the fire lord."
The thing with Zuko was that the sentiments were planted early on, mostly through Iroh.
We see early on that Iroh understands Zuko's drive more than anyone else, and probably the first solid example of this is when he talks to Zhao in season one about Zuko's past.
So in a way, Zuko's story arc begins vicariously through Iroh. Even if we don't have the full picture, we know enough to know that Iroh does, and it is through Iroh that the pieces come together.
I think one of the best ways to execute a more complex type of comedy is through tenderness. Shows like The Office aren't just funny, they're also a little sad, a little heart-warming. There are so many examples to choose from-- when Dwight reads Michael's recommendation, when Pam says goodbye to Michael for the last time, when Pam and Jim are both dating other people, and many others.
There's nothing wrong about making things funny just for the sake of comedy, but there's something intrinsically valuable in comedic moments that serve a bigger picture of different emotions.
That's all I got for you today.
may all your cups of tea be your cup of tea,
and I'll see you in the next post.
Posted by Dylan Devine at 1:36 PM
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This blog is about many things; it's about writing, but it's also about story-telling, the life of a writer, movies, video games, books, and other things that I deem culturally significant. It's not a blog purely about how to write as much as it is just a series of essays about art and fiction in general.
If a single person benefits from this blog, then I would consider it a tremendous success.
Dylan Devine
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The Advent of Alita: Battle Angel, and the Culture War
This is so huge, I don't even know where to begin. In many ways the main protagonist of the film is the personification of the movie...
Confidence and Incompetence
So this is a pretty fun topic. A little while ago my mom was telling me this story about an neuro-surgeon named Christopher Duntsch who ki...
Let's talk about video games. So if you've followed me thus far and have wondered if I plunged off the deep end never to be seen...
Villains (or the lack thereof)
We tend to hold a pretty simplistic view of how a story is supposed to go. There's a bad guy that becomes, or already is, the antagoni...
On Ideas and Originality
Right off the bat, this post might seem similar to my one on "Creativity," although the focus is quite different. While in that ...
Alita, Avatar, Coraline and Why I Love James Cameron
Battle One: Rusty Angel Real quick, if you haven't read the previous Alita post, I recommend doing so because it serves as a fou...
Desolation's Reach Sneak Peek!
Hello everyone! I just wanted you to know that I'm not dead, I've been working intently on my novel Desolation's Reach. For thos...
Art is Not Inherently Political.
I think the title says it pretty well; just a quick caveat, this is not a politically-charged post. This post isn't an endorsement of an...
Why Criticism is Freaking Great
One trend that I and likely everyone reading this has observed is the rising increase of mindless hate-mobs; however, underneath the rise ...
How Today Started
Today started as any other. I lied in bed for hours hating myself. I should preface this by stating that I do not think mental illness i...
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Members of the steering committee of the IDFN network took part in the global women's march in solidarity with women all around the world, to support their struggles for their legitimate rights and for equality.
The 30th June 2010, the demonstrations took to the streets of Istanbul, Turkey. Thousands of feminists, coming from 22 countries in the world marched in the streets in the presence of dozens of media.
This march expressed solidarity with women in Turkey, in Palestine and in Iraq, as well as solidarity with activists for women's rights all around the world.
There was a meeting of the World March of Women before the demonstration where representatives from IDFN spoke about the reality of Iraqi women and their need for solidarity. This intervention had a big impact and was met with a standing ovation.
The slogans shouted by feminist activists in the march demanded rights for women and solidarity with the women of the world, and were in multiple languages. Most notably Kurdish, Turkish and French.
This march was along the lines of the preparations for the global women march to be held in the Congo in October.
IDFN is a network of 16 organizations from Iraq, was founded in 2004 and has many activities and projects that contribute to the democratization of Iraq. Members of the steering committee participating in the march were from Tammuz, Iraqi Rising Women, and the center for workers' culture.


Hills Heat is a family owned and operated firewood business's located in Meadows that services the Adelaide Hills and surrounding areas. We offer affordable quality seasoned firewood, specialising in River Redgum, which is sourced from sustainable areas in Victoria and New South Wales.
Our firewood is of premium quality, seasoned and split ready for use. Quality redgum burns longer with less smoke and ash.
Our firewood is all weighed using certified weighing equipment so you receive the exact amount of wood you are paying for.
Top quality red gum, allows for hotter and longer lasting burns.
We offer a friendly prompt delivery service.


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Q: Ember.js - Supplying model to header view in all routes I have a header view which displays a list of links to course pages.
I supply the header controller with the list of course models so that it can generate the links. Here is the code in my index route.
App.IndexRoute = Ember.Route.extend({
    model: function(){
       return App.Course.findAll(); // finds all courses
    },
    setupController: function(controller, model) {
        this.controllerFor('header').set('model', model); // sets model for the header     controller
    },
})

However, I need this header controller to always have the list of courses, regardless of which route the user is currently on. What is the Ember way to do this?

A: The Index route is going to be replaced when you navigate somewhere else, removing your data. You would want to load this data in a path that will persist, such as the top level ApplicationRoute.


Some of the more judgmental or complex audit areas that practitioners may encounter during the 2017 audit cycle are discussed in a Center for Audit Quality (CAQ) alert published Wednesday.
The CAQ, which is affiliated with the AICPA, published Select Auditing Considerations for the 2017 Audit Cycle and also Select Auditing Considerations for the 2017 Audit Cycle for Brokers and Dealers.
Auditor independence. This has been a consistent area of focus for PCAOB inspections staff, who regularly assess firms' independence quality controls.
Multinational audits. It is important to inquire about the professional reputation and independence of the other auditor, according to the alert.
Transitioning to new accounting standards. Organizations will be adopting new FASB standards for revenue recognition, leases, and credit losses in coming years, creating new challenges for auditors as well as financial statement preparers.
Audit areas potentially affected by economic factors. Fluctuation in fuel prices, the search for higher investment returns in a market with low interest rates, and the fast pace of mergers and acquisitions are some of the environmental factors preparers are facing.
Recurring audit deficiencies. Areas that have received continued focus from PCAOB inspections staff include internal control over financial reporting; identifying, assessing, and responding to risks of material misstatement; and accounting estimates, including fair value measurements.
Financial reporting areas. Potential areas of risk include auditors' assessment of management's going concern evaluation, and the audit procedures to evaluate and test management's assertion related to the indefinite reinvestment of large and growing undistributed earnings in foreign jurisdictions.
Increasing transparency through new disclosures. New PCAOB rules require disclosure of the engagement partner and certain other participants in audits on the new Form AP, Auditor Reporting of Certain Audit Participants.
Other considerations. These include considerations related to engagement quality review, improper alteration of audit documentation, firm software audit tools, cybersecurity risks, and the new auditor's reporting model (pending SEC approval).
The alert with considerations specific to auditors of brokers and dealers presents questions for auditors to consider as they plan and execute both their audit and attestation engagements. The alert covers some of the more judgmental or complex areas of the audit and attestation engagements, including some of those areas where PCAOB inspections staff continue to find deficiencies.
The areas highlighted include auditor independence; risk of material misstatement due to fraud; revenue recognition; financial statement presentation and disclosure; related-party transactions; auditing information produced by a service organization; supplemental information; examination engagements; review engagements; engagement quality reviews; and Securities Investor Protection Corporation Rule 600.


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Maternal & Infant Health
Feeding Families
Telemedicine: Connecting with Care
Supporting Research to Improve Maternal Mental Health
Jennifer Bush-Lawson Foundation Announces $25K Award to Children's National
WDVM: Jennifer Bush-Lawson Foundation awards Children's National $25K
5K & Family Fun Day
Disrupting Maternal Mortality Event
D.C. Finally Establishes a Committee to Address Maternal Deaths
Race, Bias & Equity in Prenatal Care
5K & Fun Day
Sponsor the 5K
Certified 5K Course Map
Donate to JB-LF
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8th Annual Gifts That Give Hope
12/08/2018 @ 10:00 am - 2:00 pm EST
Arlington Science Focus, 1501 N. Lincoln St.
Shop for a good cause! At Gifts That Give Hope, we put a new spin on gift-giving. The concept is simple: Make a donation to one of our 17 locally-based nonprofits, personalize a GTGH greeting card for a loved one, and give that act of kindness as a gift. Thanks to our generous shoppers, children with special needs are getting new books, a homeless shelter is getting fresh blankets, orphans in Haiti are getting formula, and dozens of other acts…
Disrupting Maternal Mortality: Innovative Solutions to a Growing Crisis
02/13/2019 @ 12:15 pm - 1:30 pm EST
Duke in DC, 1201 Pennsylvania Ave NW, Suite 500
The United States has the highest rate of maternal death in the developing world. And Washington, DC currently has the highest maternal mortality rate of any other state in the country. It's a crisis that has government, business, national news and other organizations stepping up to shine a light and proactively seek solutions. In just the past few months, Mayor Bowser hosted a first annual Maternal and Infant Health Summit in DC, with thousands in attendance. Merck for Mothers launched the Safer Childbirth Cities Initiative, committing…
Discovery's Charity Hoop Fest
05/31/2019 @ 6:30 pm - 8:30 pm EDT
Williamsburg Middle School, 3600 N Harrison St
Arlington, VA 22207 United States + Google Map
Discovery Elementary invites students, family and friends to join them for a fun, friendly basketball event that will raise funds for JB-LF! Fifth graders will form two teams for the competition, with other Discovery families and friends cheering them on. The fun will continue at halftime, with a free-throw contest between the 4th grade classes! WHAT: A FRIENDLY CHARITY BASKETBALL GAME WHO: MAIN EVENT: 5TH GRADERS; HALF-TIME COMPETITION: 4TH GRADERS WHEN: MAY 31, 2019 - DOORS OPEN AT 6:30, GAME…
06/14/2019 @ 8:00 am - 9:30 am EDT
Washington, DC 20004 + Google Map
"Medicine continues to advance on many fronts, yet basic health care fails hundreds of women a year who die during or after pregnancy, especially women of color." (NPR, May 10, 2019) The CDC's recent report on pregnancy-related deaths laid out clearly what we've seen reported across the news: Too many women in our country are dying, or suffering near-miss incidents, due to pregnancy and it doesn't need to happen. Join the Jennifer Bush-Lawson Foundation, along with public health experts and medical practitioners, to discuss…
DC's Dancing Stars Gala
11/09/2019 @ 6:00 pm - 11:30 pm EST
Four Seasons Washington, DC, 2800 Pennsylvania Ave NW
Join us for the 2019 DC's Dancing Stars Gala, a fun and glamorous evening to benefit the Jennifer Bush-Lawson Foundation and other local and national nonprofits. More information, including tickets and sponsorships, available at https://dcsdancingstarsgala.com.
5th Annual Jennifer Bush-Lawson 5K & Family Fun Day
11/23/2019 @ 9:00 am - 1:00 pm EST
Knights of Columbus, 5115 Little Falls Road
Register for the 5th Annual Jennifer Bush-Lawson 5K & Family Fun Day! Our 5th Annual Jennifer Bush-Lawson 5K & Family Fun Day — scheduled for Saturday, Nov. 23, 2019, from 9:00am-1pm at the Knights of Columbus, 5115 Little Falls Rd, Arlington — carries on the legacy of Jenn Lawson, a dedicated mom and runner who was passionate about making available to all mothers the same level of care she received for her own complicated pregnancies. During a morning of celebration and health-focused activities…
Gifts That Give Hope
Gifts That Give Hope puts a new spin on gift-giving. The concept is simple: Make a donation to one of the participating nonprofits — including the Jennifer Bush-Lawson Foundation — personalize a Gifts That Give Hope greeting card for a loved one, and give an act of kindness as a gift. Thanks to our generous shoppers, Gifts That Give Hope is supporting acts of kindness around our community and the world this holiday season.
Check Presentation for DC's Dancing Stars Gala
02/13/2020 @ 7:30 pm - 9:30 pm EST
DC DanceSport Academy, 8315 Lee Highway, Ste 210
Join us and celebrate the success of the record-breaking 2019 DC's Dancing Stars Gala on Thursday, February 13th. The Jennifer Bush-Lawson Foundation will be presented with a check to support our work with economically vulnerable moms and babies. Come help us support JB-LF and the other wonderful nonprofits that benefit from this charity event!
JBLF Virtual Scavenger Hunt: It's Quarantime to seek
09/05/2020 @ 8:00 am - 12/31/2020 @ 5:00 pm EDT
Join JBLF for a scavenger hunt series starting in September. Every Saturday we will release clues for that weekend and you can compete by yourself or with a friend. There is an option to do just one month through participating in all 4. Registration coming soon.
Arlington, VA 22207 + Google Map
Save the date for the 6th annual Jennifer Bush-Lawson 5K & Family Fun Day on Saturday, Nov. 21, 2020! During a morning of celebration and health-focused activities, we'll again raise funds for economically vulnerable women and their babies to receive high-quality maternal and infant care. Join us!
© 2021 Jennifer Bush-Lawson Foundation
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ECA News Briefs
Hirshhorn Reopens Sculpture Garden August 17, 2020
By Editorial Team on August 18, 2020
The Hirshhorn Museum and Sculpture Garden will reopen its outdoor sculpture garden to the public Monday, August 17, marking the Washington DC, debut of two major outdoor sculptures by contemporary artists Huma Bhabha and Sterling Ruby. The new acquisitions join an array of more than 30 modern and contemporary works of art on display in the garden, which visitors will be able to enjoy with new health and safety measures in place due to the COVID-19 pandemic. The museum's building and outdoor plaza remain temporarily closed to the public.
Speaker Filler-Corn Receives Public Leadership in the Arts Award for State Leadership
ArtsFairfax board member and Virginia Speaker of the House Eileen Filler-Corn accepted the 2019 Public Leadership in the Arts Award for State Arts Leadership presented by Jay Dick, Americans for the Arts, and Tim Storey, National Conference of State Legislatures (NCSL) in a socially distanced presentation at the ArtsFairfax office. The award recognizes Speaker Filler-Corn's commitment and leadership in the arts and her role as a state legislator who has consistently advocated for the advancement of pro-arts legislation, funding, and promotion.
Local Artists Create Online Sales Platform to Offset Market Cancellations
Kate Gibney and Divya T. Ahuja are two local artists from Northern Virginia area who have teamed up to keep the arts alive in these challenging times. When the pandemic affected the entire world, the arts and crafting community was among the hardest hit. With craft shows coming to a complete standstill, the two women decided to come up with an alternative for the crafting community to display and sell work.
Hamiltonian Artists Fellowship 2020-2022 Cohort of Fellows Announced
Hamiltonian Artists is pleased to announce the 2020–2022 Fellowship Program cohort. Maria Luz Bravo, Jason Bulluck, Joey Enriquez, Stephanie Garon and Lionel Frazier
White III will begin their Fellowship at the end of August 2020. The cohort was selected for their artistic vision, experience, potential, and their commitment to the Hamiltonian Artists' mission and values. Representative of the artistic excellence and diversity found in and around Washington DC. This newest class of Fellows explores a wide range of mediums and conceptual frameworks
with particular emphasis on research-based exploration and community engagement. The new cohort will be joining the continuing 2019 – 2021 cohort of Fellows; Amber Eve Anderson, Tommy
Bobo, Yacine Tilala Fall, and Madeline A. Stratton.
Strathmore Debuts Campus-Wide Outdoor Art Installation Titled Monuments: Creative Forces Fall 2020
From October 1-25, Strathmore welcomes the community back with care to its 16-acre campus in North Bethesda, MD to experience Monuments: Creative Forces, an outdoor installation by Australian artist Craig Walsh. The exhibition's subjects will be artists whose work and artistic endeavors are changing the shape of our community in profound ways. Expansive video portraits of these creative heroes, chosen by a diverse panel of community and arts leaders, will be projected on to towering trees, transforming them into animated sculptural monuments.
Trawick Prize Announces 2020 Finalists
Eight regional artists have been selected as finalists for The Trawick Prize: Bethesda Contemporary Art Awards, a juried competition and exhibition produced by the Bethesda Arts & Entertainment District. More than 300 artists from Maryland, Virginia and Washington, DC submitted work to the 18th annual competition.
Traveling Public Monument by Hank Willis Arrives in Washington DC
In collaboration with Kindred Arts, All Power to All People—a traveling public art exhibition by acclaimed conceptual artist Hank Willis Thomas—will tour multiple locations across the United States leading up to the US presidential election in November 2020 to maintain the momentum of the ongoing protests for racial equity and offer a platform for civic leaders and activists. After a successful unveiling in Atlanta in July, All Power to All People will be exhibited at the Human Rights Campaign headquarters in DC (1640 Rhode Island Ave) from August 13 to 28 . The closing weekend of the exhibit coincides with this year's anniversary march celebrating the March on Washington for Jobs and Freedom, where Dr. Martin Luther King, Jr. delivered his 1963 "I Have a Dream" speech.
Portico Gallery and Studios Welcomes Artist Mary Turpin to Studio Number 1
Portico Gallery and Studios announces the addition of Mary Turpin who will occupy Studio #1 following the departure of Valerie Watson. Turpin is returning to the Gateway Arts District; she previously worked out of EZ-Storage studios in Brentwood Maryland.
Capitol Hill Arts Workshop Hosts Art for Mutual Aid DC Fundraiser
By Editorial Team on August 3, 2020
Capitol Hill Arts Workshop (CHAW) hosts Art for Mutual Aid DC, a print sale fundraiser to benefit the DC Ward 6 Mutual Aid Network. DMV artists have donated digital images of their pieces for inclusion in the online sale which will run during the month of August. Prints of the artists' works will be on sale for $50 for an 8"x10" piece. All sold images will be professionally printed and mailed in September with all proceeds going towards the critical work the Mutual Aid Network is doing. For more information and to view the images, please visit https://art-mutual-aid.chaw.org/.
National Museum of Women in the Arts Reopens August 1, 2020
By Editorial Team on July 28, 2020
The National Museum of Women in the Arts (NMWA) reopens to the public on Saturday, August 1. With guidance from the DC government, DC Health and the Centers for Disease Control and Prevention, the museum has developed new cleaning, safety, health and operational protocols. A maximum of 200 visitors per day are allowed, and advance purchase of a timed ticket is strongly encouraged. On most days, the museum's hours of operation remain unchanged. Extended hours are planned on select dates. Visitors should check https://nmwa.org/reopening for updated schedule information.
Smithsonian's National Portrait Gallery Names Bradford Grant as Museum's New Instagram Artist-in-Residence
The National Portrait Gallery has named Howard University architecture professor and sketch artist Bradford Grant as the museum's first Instagram artist-in-residence. During his residency, Grant will interpret and depict the museum's programs, community and spaces through the lens of his sketch work and made-from-life drawings. His sketches will premiere on the museum's Instagram and social media feeds @smithsoniannpg.
National Gallery of Art Appoints Sheila McDaniel as Administrator
The National Gallery of Art has announced the appointment of Sheila McDaniel as administrator. The Gallery's administrator oversees the divisions of administrative support, architecture and capital improvement, facilities, horticulture, personnel, procurement, and security, which comprise more than one-third of the museum's staff. Since 2004, McDaniel has been the deputy director of finance and operations at The Studio Museum in Harlem. When she begins her tenure on September 14, she will become the Gallery's seventh administrator since the museum was founded in 1937 and will succeed Darrell Willson, who retired on July 3.
Hirshhorn Announces Acquisition of Major Outdoor Sculptures by Huma Bhabha and Sterling Ruby
Introduction of Two Contemporary Artists to the Sculpture Garden Expands Collection, Anticipates Reopening and Eventual Revitalization
The Hirshhorn Museum and Sculpture Garden has announced significant acquisitions of new works by leading contemporary artists Huma Bhabha and Sterling Ruby. Through their respective practices, Bhabha and Ruby have worked for decades to create thought-provoking artwork that challenges viewers to understand sculpture in new ways. (more…)
2020 Northern Virginia Fine Arts Festival Cancelled Due to COVID-19
The organizers of the annual art event have announced the cancellation of the 2020 Northern Virginia Fine Arts Festival due to the ongoing COVID-19 pandemic. The festival, which had already been rescheduled from its normal spring date, will return in 2021 to its typical weekend, the third weekend in May (May 14–16).
Record $8.87 Million Appropriation for the Arts and Humanities Approved by Montgomery County Council
On July 16, 2020, The Arts and Humanities Council of Montgomery County (AHCMC) announced the approval of $5,623,159 FY21 annual budget appropriation for AHCMC grants and administration and an additional $3,250,000 special appropriation for COVID-19 Relief Funding by the Montgomery County, MD Council. The $5.6M appropriation represents the County Executive Marc Elrich's recommendation of stable funding over the FY20 budget and the $3.25M supports creative and scholastic professionals and arts and humanities organizations struggling financially due to the coronavirus pandemic.
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'If an expert says it can't be done, get another expert' – expert evidence for engineers
With changes in the law from last October, James Golden outlines what is expected from an engineering expert witness, and each step along the way from dispute to cross-examination and determinations
Engineers Ireland is to host a course entitled 'Expert Witness Training for Professional Engineers: New Developments in High Court Procedures' on Tuesday, 14 March in 22 Clyde Road. With changes in the law and High Court procedures from 1 October 2016, the giving of expert evidence is impacted dramatically. This course provides a comprehensive overview of how to give expert witness testimony, preparation for trial and creation of documentation. It will also cover expert witness work for professional engineers and the practicalities of being an expert witness. Click here for details.
In the recent case of Waliszewski v McArthur and Company Limited (2015), Mr Justice Barton stated that the failure of an orthopaedic surgeon, acting as an expert witness, to disclose relevant details to the case in his report was "reprehensible and is to be deprecated". Mr Justice Barton then ordered that a copy of his judgement be forwarded to the Medical Council of Ireland.
Even being absent of deliberate dishonesty, it has been stated by another member of Irish judiciary, Mr Justice Barr, that expert witnesses "seem to lack a true understanding of their purpose". With the publishing of the Law Reform Commission consultation paper on expert evidence in 2008, the potential expansion of the use of expert witnesses into adjudication, the coming into force of the Construction Contracts Act and the new Rules of the Superior Court which come into effect on 1 October 2016, it is a good point to take stock of the duties and expectations held of expert witnesses. By fully understanding their role, expert witnesses can then turn to maximising the utility of their evidence, for both their client and the court, or tribunal.
The Rules of the Superior Courts (Conduct of Trials) 2016 come into effect on 1 October 2016. In relation to expert evidence, they set out that for High Court proceedings where a party is intending to use expert evidence, they should disclose this in their Statement of Claim along with the field of expertise and the matters on which the evidence will offered. The same requirement will be placed on a defendant in their Defence. Also noteworthy is that, save for a special reason as determined by the Court, each party may offer evidence from one expert in a particular field and on a particular issue.
It is a notable quirk that the ability to produce expert evidence runs contrary to the established rules of evidence. The stock function of a witness as outlined in A.G. (Ruddy) v Kenny (1960) is that witnesses should only outline facts, as they perceive them. It is for the judge or jury to form an opinion based on the facts as represented by witnesses. In contrast, expert evidence is, both by necessity and its nature, opinion evidence. The ability to produce opinion evidence in the form of an expert witness is therefore a powerful tool that a party to a dispute can wield.
The difficulty, though, in allowing an expert witness to espouse their opinion is that parties will then seek to go 'expert shopping' to buy those opinions and use them to discount the evidence of the other sides' experts. As Jessel LJ outlined in Thorn v Worthing Skating Rink (1877): "I was told in one case, where a person wanted a certain thing done, that they went to sixty-eight people before they found one."
Hand in hand with this 'shopping' is the fact that experts are not immune from partisanship and bias. This bias may be borne from the shopping process, in that parties will seek an expert already disposed to the viewpoint sought by a specific party. It may also be that an expert witness believes they owe a principal duty to their instructing party. In any event it is to be expected that when presented with a question or issue without an immediately clear answer, an expert witness is likely to fall, or at least lean, towards the view that would best suit the party that has instructed them.
Engineers and duty to the court
It is important that expert witnesses are aware that their overriding duty is to the court. As stated by Crampton J in R v O'Connell (1844);3 regardless of any payment that a party has provided for an expert witness's evidence they have a prior and perpetual retainer on behalf of truth and justice. This is manifested in the amendments to the Rules of the Superior Court through order 39, rule 57(1) of which states that: "It is the duty of an expert to assist the Court as to matters within his or her field of expertise. This duty overrides any obligation to any party paying the fee of the expert."
It is therefore expected of expert witnesses that their evidence be independent and unbiased and these themes are consistent throughout the other duties of expert witnesses, as outlined by the Law Reform Commission. These duties are:
Duty to give well-balanced, well-reasoned & honestly held opinion;
Requirement of truth, independence and impartiality;
Duty to limit contentious issues;
Duty to avoid a conflict of interest;
Duty to keep the opinion within the permitted scope;
Duty to act with reasonable care to the instructing party; and
Duty to take reasonable care in creating expert report.
It is important to note that the duty to the instructing party is a duty to carry out all the necessary tasks involved with being an expert witness, for instance appearing in Court and/or providing a suitably detailed and cogent report.
It is not hard to find judgements with judges complaining about the ignorance of expert witnesses regarding these duties. The English case of Van Oord UK Ltd v Allseas UK Ltd (2015) a case in which Coulson J described expert witnesses as having "stuck to what appears to have been a deliberate strategy of long, rambling answers designed to avoid the question and put their case in the best possible light, regardless of the truth…they were as unconvincing a group of factual witnesses in a commercial claim as I have ever encountered".
Certainly, it is clear from these lamentations that how an expert witness delivers their evidence and their awareness of their duties will be a substantial factor considered by the court when determining the value to ascribe the evidence. Thus, it is not surprising for Charlton J to outline in James Elliot Construction Ltd v Irish Asphalt Ltd (2011) that the core basis on which he values an expert's evidence, over another, is the extent to which that evidence reasonably considers the opposing view followed the duties outlined above. By being aware of and complying with their duties an expert witness can be of maximum utility to the party who has instructed them by having the Court consider their expert evidence valuable.
It was a suggestion of the Law Reform Commission as part of its consultation paper, that a Code of Guidance be produced for expert witnesses outlining their role and their duties. This though raises the question of the consequences expert witnesses should face for not complying with these duties, beyond a Judges disdain, and the liability they should have for their evidence.
The stance of the Irish courts to the immunity of expert witnesses regarding their evidence was most recently set out in 2007 in the case of WJ Prendergast and Others v Redver Skelton. In this case, despite the fact the expert witness's failures were described as reprehensible, he was still entitled to avail of expert immunity. Since this judgement, the position in England and Wales has diverged via the Supreme Court case of Jones v Kaney (2011).
This case decided that expert witnesses may be liable for breach of duty, either in contract or negligence, with regards to his evidence. Whilst no Irish judgement has expressly adopted this position it may be that the actions of Mr Justice Barton, as outlined in the first paragraph of this article, in ordering his judgement be forwarded to the Medical Council of Ireland marks the start of the Irish Courts doing away with expert immunity and following the position in England and Wales. It is therefore imperative that expert witnesses are very aware of the above outlined duties so that they do not leave themselves open to proceedings through not following and ultimately breaching them.
Engineers and expert witness in adjudication
Having outlined the role of expert witnesses in relation to courts and tribunals, now comes the quandary of how these will translate across to adjudication. Helpful in this regard is the recent report of HH Francis Kirkham CBE's on the use of expert evidence in construction disputes and the position regarding adjudication in the UK. Ultimately, the position is that there are very few safeguards in place to prevent an expert being in practice essentially an advocate.
The timescales involved with an adjudication may hinder an expert from being wholly independent as he or she have to rely on a client's own investigations, absent of the time to do their own. One of the solutions suggested by HH Francis Kirkham is for experts to sign a declaration in all reports prepared for adjudication to affirm his or her independence. A better means may be for professional bodies to take the lead in this regard mandating that where their members act as experts for adjudications they must comply with their guidance, which could line up with the duties of expert witnesses in relation to Court proceedings.
In conclusion and in any event, it is clear that it is imperative for expert witnesses to be aware of what their duties are in order for their evidence to carry weight within legal proceedings and to avoid any potential recourse when an expert witness does not comply with these duties.
James Golden, BEng, LLB, CEng, FICE, MCIArb, FInstCES, MRICS is a barrister, chartered engineer and surveyor. He is widely experienced in all aspects of construction claims and dispute resolution. acts as contract administrator, employer's representative and/or project manager and also acts as an examiner of the Institution of Civil Engineers.
http://www.engineersjournal.ie/2017/02/28/engineers-expert-witness-ireland/http://www.engineersjournal.ie/wp-content/uploads/2017/02/expert-witness-engineer.jpghttp://www.engineersjournal.ie/wp-content/uploads/2017/02/expert-witness-engineer-300x300.jpg 2017-02-28T15:39:31+00:00 David O'RiordanCivilconstruction,legal,structures and construction
Engineers Ireland is to host a course entitled 'Expert Witness Training for Professional Engineers: New Developments in High Court Procedures' on Tuesday, 14 March in 22 Clyde Road. With changes in the law and High Court procedures from 1 October 2016, the giving of expert evidence is impacted dramatically. This course...
David O'Riordandoriordan@engineersireland.ieAdministratorEngineers Journal
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Adhering to tax regulations, social security legislation and possession of visa and work permits is becoming increasingly more important. This is partly due to rigorous monitoring by the Government. Based on its numerous years of experience in supplying services and professionals worldwide, Atlas has the knowledge to offer pro-active support to clients and employees with a view to adhering to these complex rules and regulations.
Atlas has its own Tax department, staffed by Aimée Kamphuis, previously employed by Price Waterhouse Cooper Tax Consultants, and Roxanna Windzak, previously working for Horlings Tax Consultants. Aimée has been working as Group Tax Manager at Atlas since 2009. "I have noticed that a lot of companies don't pay enough attention to their personnel's tax and social security matters. Due to the complexity of rules and regulations, thorough research needs to take place in order to establish which obligations must be fulfilled and how to organize actual compliance with these rules and regulations. Unfortunately, in the world of huge, technically demanding projects, the importance of the fiscal position of personnel tends more than often to become, somewhat understandably, a matter of little importance. However, when tax and social security matters are not researched and made transparent in advance, extremely uncomfortable discussions may arise later, both with personnel and the client, not to mention potential claims and fines from local governments. What makes my job so enjoyable is the fact that I am able to offer support to field personnel and customers, as well as to Atlas. Experience has taught us that transparency and communication with customers and employees is the most effective and efficient way to ensure that everybody involved complies with all rules and regulations", Aimée tells us.
We will be paying more attention to news and tips regarding international tax laws and social security matters in future newsletters.


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Data Collection Wins Insurance Marketing Director Promotion
By John Pojeta	| March 3, 2013
Darryl was a Marketing Director for a major insurance provider.
His division focused primarily on selling insurance plans to businesses and relied more and more on data gathering and database optimization to identify potential sales leads. Darryl was doing well. He met his sales goals and kept his region in the green. Darryl, however, wanted more.
He was driven, motivated. He wanted to far surpass the expectations of his superiors so that he could rise higher in the company and take on more responsibility and greater challenges.
He needed a win that would set him and his division apart.
Darryl's region, like most regions in the company, had a database of names and phone numbers hobbled together from various programs, but unlike the other databases that Darryl's team used to generate sales on a daily basis, this database was mostly unusable.
Containing only names and phone numbers, Darryl's team did not have enough business intelligence to begin warming any of the leads. His team needed to know if the names and phone numbers were up to date and if the businesses were still active. They needed to know how many employees they had, where they were located, and what they did. They also needed the contact information of a decision-maker, a C-Level member of the company that could make the call to use a different insurance provider.
Darryl knew that this database was valuable, that these thousands and thousands of businesses could become potential customers if he had the right business intelligence for each name and number. He tried outsourcing the project to telemarketing firms, but those efforts failed. The database remained unprofitable.
While at lunch with a friend from another company, a Regional Marketing Manager named Eric, Darryl voiced his frustrations with the unused database.
"If I just knew more about the contacts, they could be usable leads. There are so many of them that some of them have to be homerun sales," he said.
"What sort of information do you need to know?" Eric asked.
When Darryl explained, Eric smiled. Eric reached into his briefcase and removed a Business Intelligence Report from The PT Services Group.
"Something like that?" Eric asked.
Darryl nodded, his eyes fixed on the paper.
"I've been using these guys for appointment setting for years. They bring me a set of pre-qualified leads, and all I have to do is close the deal. Maybe they could help?"
And we did. When Darryl contacted The PT Services Group, we assessed his needs and developed a customized business intelligence gathering program for his company. Our highly trained staff—veteran professionals themselves with extensive experience interacting with C-Level executives—broke through the screens that blocked the telemarketing firms to gather all of the data that Darryl requested.
Twenty thousand voice-verified entries later, Darryl's initiative to contact The PT Services Group brought success to his division and caught the attention of the company. Divisions from across the nation adopted The PT Services Group's program, making Darryl the flag bearer for a new, company-wide movement that eventually reached headquarters. Because Darryl invested in The PT Services Group and because he had the mettle to push himself and his team, he earned a promotion, and his professional growth continues today.
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