AUSTIN – Adam Villanueva scored the lone goal of the game for St. Mary's University, while Brett Collier made six saves in goal as the Rattlers tied seventh-ranked St. Edward's University, 1-1, in Heartland Conference men's soccer action Friday afternoon.
The teams battled to a scoreless tie for the first 80 minutes before the sparks really started to fly. In the 82nd minute Villanueva (Jr., DeSoto) gave the Rattlers the lead when he dribbled into the penalty area and chipped the ball over goalkeeper Matt Moore's head. However, the lead was short-lived as Kevin Klaus converted on a penalty kick just four minutes late to tie the game and send it into overtime.
Neither team was able to generate much offense in the two extra periods, combing for just six shots in 20 minutes. Collier (Jr., Schertz) made six saves, while facing 16 shots in the contest. Moore made four saves, while his defensive teammates made two saves. The game was physical throughout with a combined 54 fouls called and 14 cautions issued, including three red cards.
With the tie St. Mary's finished the 2008 season with a 5-11-1 overall record and 2-7-1 mark in Heartland Conference play. St. Edward's is 13-4-1 and 7-1-1.


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The Gadsden Center
Policy-Misc
Policy-Tax
Constitutional Awareness
Election Highlight: Genoa Township Clerk
One of the most important duties of a Township Clerk is to insure the intergrity of the voting process. It appears that the Genoa Township Clerk has not consistently upheld the high standards voters have come to expect. Should she lose her job? Voters will decide in August.
Polly Skolarus (R), the incumbent Genoa Township Clerk is facing a primary challenge in the upcoming August 2 election. She is being challenged by Dan Wholihan (R), Chair of the Livingston County Republican Party.
An article published by the Livingston County Daily Press and Argus on November 20, 2012 described a situation where two registered voters in Genoa Township were deleted from the township's voter roll. Clerk Skolarus suggested the Genoa Township couple, Joseph and Sara McQuade, may have mistakenly believed that they were registered to vote in Michigan. To this Mr. McQuade responded, "They kept blaming it on me, but I've lived here since 2006, and I've voted there before."
Clerk Skolarus would have been better served by owning up to the error rather than blame it on the voters.
This story should serve as a caution to all registered voters. Do not take your voting rights for granted.
Quoting directly from the November 20, 2012 Press and Argus article:
Michigan Department of State officials said Genoa Township may have deleted a lifelong Michigan couple's voting registrations in error over residency concerns.
Genoa Township Clerk Polly Skolarus said the township's voter-roll system is "99.9 percent accurate," however.
Meanwhile, Joseph McQuade said he and his wife, Sara, were "just deleted" from the state's Qualified Voter File, which is coordinated by the state and local governments.Skolarus' office registered the couple to vote on Election Day and counted their ballots that day, she said. The deadline to register for the presidential election was Oct. 9.
She suggested the couple may have mistakenly believed they were registered to vote in Michigan.
However, the McQuades moved to Genoa Township from Ann Arbor in 2006 and are lifelong Michiganders, Joseph McQuade said. He said he last voted in the 2008 presidential election, also in Genoa. "They keep blaming it on me, but I've lived here since 2006, and I've voted there before," he said. "Somebody just deleted us," he added.
The Department of State said the Qualified Voter File shows the township canceled the couple's voter records June 26 over the residency concerns. That means Skolarus' office had good reason to believe the couple didn't live there anymore, Gisgie Gendreau, department spokeswoman, said. . .
The Gadsden Center, Inc. 10246 Crouse Road #841, Hartland, MI 48353 (810) 207-1867, www.gadsdencenter.org. Or, use our Contact Us Form.
The Gadsden Center, Inc. is a Michigan nonprofit corporation. It is a non-partisan public policy research, advocacy and educational organization. The Gadsden Center is dedicated to educating citizens about our state and federal constitutions and constitutional government, transparency and accountability in government, policy choices that enhance and protect individual and economic liberty, responsible spending and ensuring fair and proper elections. The Internal Revenue Service has granted 501(c)(4) nonprofit status. Contributions to The Gadsden Center, Inc., are not tax-deductible as charitable donations for federal income tax purposes, but may be deductible as ordinary and necessary business expenses.
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All praise to Allah, the most gracious, most merciful.
And don't forget, back to school so, wear your school uniform. If you have your brand new Pre U uniforms, well put them on that day and hey, welcome to the club. Make sure for 'big' boys, short and tidy hair PLEASE or otherwise,you will not be entertained.
All the best. Looking forward to seeing the new batch of Pre U 2011 on 9th May. SMK ASAS Pre U promises you fun in learning and success for your future (and of course glorious in the here after.) InsyaAllah. Ahlan.


text:
California Mediation and Arbitration
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Arbitration, Delegation, PAGA: In Two Lawsuits Brought By Uber Drivers, Ninth Circuit Holds Issue Of Arbitrability Was Delegated To The Arbitrator, But PAGA Claims Go To District Court In One Of The Lawsuits
How Will This Ultimately Play Out?
In Mohamed v. Uber Technologies and Gillette v. Uber Technologies, Nos. 15-16178 and 16181 (9th Cir. 9/7/16), cases in which district court judge Edward M. Chen found arbitration clauses between Uber and its drivers to be unenforceable, the 9th Circuit panel has affirmed in part and reversed in part.
Uber drivers Mohamed and Gillette alleged that use of consumer credit reporting information violated the Fair Credit Reporting Act and other credit reporting statutes, and Gillette alleged Uber misclassified him and other employees as independent contractors.
The 9th Circuit, in an opinion penned by Judge Clifton, holds that the issue of arbitrability was effectively delegated to the arbitrator by "clear and unmistakable" language. Similarly, the issue of arbitrability of the PAGA claims was clearly and unmistakably delegated to the arbitrator in Mohamed's case, but Gillette's PAGA claim could proceed in court on a representative basis under the holding of Iskanian v. CLS Transp. L.A., LLC, 327 P.3d 129 (Cal. 2014).
Furthermore, the delegation provisions were not unconscionable. Here, an opportunity to opt-out of arbitration altogether appeared to be decisive.
Finally, arbitration against another defendant, Hirease, LLC, was held unenforceable. Hirease had allegedly violated credit reporting statutes by providing credit information about Uber drivers that Uber used to terminate Uber drivers. However, Hirease was not a signatory to the contracts with the arbitration provisions, nor was it an agent of Uber.
I note that the press has scored this as a big win for Uber. See for example Joel Rosenblatt and Linda Hurtado's September 7 article in Bloomberg, entitled "Uber Gains Leverage Against Drivers With Arbitration Ruling."
For one thing, this will not make settlement easier in another case involving Uber, because, as I posted on August 18, 2016, Judge Chen rejected a class settlement of Uber and Uber drivers precisely at a time when the enforceability of the arbitration clause was pending before the 9th Circuit.
However, there are still some likely twists in the road ahead.
First, the Uber drivers still have the ability to pursue PAGA claims in court in the Gillette lawsuit. The arbitrator must still make some decisions about the arbitrability of the PAGA claims in the Mohamed lawsuit. The existing PAGA claims are likely to be a source of some leverage for the Uber drivers.
Second, the fact that the arbitrator now gets to rule on the enforceability of the arbitration clauses does not necessarily mean that the Uber drivers have lost the right to proceed as a class. The Ninth Circuit ruled on August 22, 2016 in Morris v. Ernst & Young (see my August 23, 2016 post), that an employee class action waiver violates the National Labor Relations Act, because such a waiver prohibits employees from exercising their right to "concerted activity." So Uber gets a "second bite of the apple", but if the arbitrator follows Morris, the arbitrator could hold the class action waiver unenforceable.
Morris v. Ernst & Young included a strong dissent by Judge Ikuta who thought the majority opinion deviated from precedent.
Because a mistake of law is generally no reason for vacating the award of an arbitrator, an arbitrator could follow the reasoning of the panel opinion in Morris v. Ernst & Young, and blow out any class action waivers, or follow the dissenting opinion – and in either case, it would not provide a basis for vacating an arbitrator's award.
So the road ahead for Uber and its drivers could be bumpy, winding, uncertain – and long.
Posted by calmediation on 09/11/2016 at 11:06 PM in Arbitration: Delegation, Arbitration: PAGA | Permalink
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Copyright 2012 - 2021 Marc Alexander


Mobile Coach CEO, Vince Han, will be presenting a cant'-miss, interactive session on chatbots at DevLearn. Join Vince and some of the Mobile Coach team for this session on Thursday, October 25th at 3 pm.
In this session, you'll learn how chatbots can be an effective platform to scale training resources. Chatbots can be both a cost-effective and robust solution to engage learners in any country and language, and can support all levels of employees and leaders. You'll learn how you can design a chatbot to be both a performance support tool (providing on-demand job aids) as well as a virtual facilitator and coach (ensuring knowledge transference and learning accountability).
Facebook Messenger, Telegram, LINE, WeChat, and SMS.
While at DevLearn, don't forget to come and hang out with the Mobile Coach team at Booth: #904.
Make sure you try out our new touch screen chatbot demo and win a FREE Mobile Coach hat and get your passport stamped!
You've seen L&D conferences before, but not like this. This is not just a conference; DevLearn is the place we unearth what's next for learning and technology. It's the experience that allows us to advance the work we're doing—together. North America's Largest Learning Technologies Expo; DevLearn's expo is where you'll find the top eLearning tools, technologies, companies, and services built to serve your organization and shape the future of learning.


filed, all interested persons are hereby notified to show cause, if any they have, on or before May 11, 2017, why said Petition should not be granted.
ALBERT LEE CURHAM has petitioned for his to be appointed Administrator of the Estate of DAVID DURHAM, deceased, of said County. The Petitioner has also applied for waiver of bond and/or grant of certain powers contained in O.C.G.A. § 53-12-261. All interested parties are hereby notified to show cause why said petition should not be granted. All objections to the petition must be in writing, setting forth the grounds of any such objections, and must be filed with the court on or before May19, 2017.


The 26th Annual GLAAD Media Awards were announced earlier today.
In film, Love Is Strange, Pride and The Imitation Game were all recognized and nominated for Outstanding Film (Wide Release). The Skeleton Twins and Tammy rounded off the nominations in that category.
Dear White People received a nomination for Outstanding Film (Limited Release).
TV's How To Get Away With Murder and The Fosters were both nominated for Best TV Drama.
The GLAAD Awards will be handed out in Los Angeles on March 21.
See the complete list of nominees below.
"An Identity to Call Their Own" [series] by Michael A.


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Anderson Family Makes Largest Philanthropic Gift in University of North Alabama History
Michelle R. Eubanks , UNA, at meubanks@una.edu, 256.765.4392
FLORENCE, AL – The University of North Alabama has received the largest gift in the institution's almost 200-year history, a $6.5 million gift from the Charles C. Anderson family. The gift is being given to academic and athletic areas of campus, with $1 million specifically earmarked for the women's athletic programs in memory and honor of Hilda B. Anderson.
"(Hilda) was very passionate about the women's athletic programs at UNA, and she wanted to ensure they had the necessary funding," said the family patriarch Mr. Charles C. Anderson. "Our sons, Charlie, Terry, Clyde, and Harold, wanted to honor her and her legacy with this gift."
Mrs. Anderson, who passed in March of 2020, had a long history of supporting the women's athletics programs at UNA, and she was particularly fond of UNA Softball and UNA's Head Softball Coach Ashley Cozart. The UNA's Softball Team plays at the Hilda B. Anderson Softball Stadium.
"This transformative gift by the Anderson Family makes clear that UNA is a great philanthropic investment," said UNA President Dr. Ken Kitts. "It will change the lives of our students, faculty, and staff throughout all areas of campus as we continue to serve the Shoals and the Northwest Alabama region."


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Kansas State vs. Charlotte Preview & Prediction
By Pete Mundo
Here is everything you need to know about the Wildcats game on Saturday in our Kansas State vs. Charlotte preview.
Broadcast info
Date: Saturday, September 9th, 2017 | 11 a.m. kickoff | Bill Snyder Family Stadium
TV: Fox Sports Networks (Ron Thulin, Gary Reasons)
Radio: K-State Sports Network/Sirius 132/XM 199
QB Jesse Ertz
After setting the Kansas State record for Total QBR and being the most efficient passer in the NCAA in Week 1, Bill Snyder said about his quarterback, "I can't think of a segment of his game that hasn't improved. … I see improvement virtually everywhere." Well, let's see if Ertz can keep that going. If you recall, Charlotte is the team Lamar Jackson got his Heisman season kickstarted against last year when the Cardinals put up 70 points. Who knows what Ertz will pull off on Saturday.
RB Alex Barnes
Barnes got his season off to a slow start with just 9 carries for 29 yards against Central Arkansas. Ertz had seven carries on the day. With Justin Silmon out, I'd like to see Barnes get the bulk of the work and put Ertz in less danger with the running game. Barnes ranked first among returning returning running backs in terms of elusive rating. This would be the game to begin that.
QB Hasaan Klugh
He's the 49ers dual-threat QB who threw for over 100 yards and rushed for over 100 yards in last week's loss to Eastern Michigan. But Klugh struggled with consistency last week and his pick six started the scoring for EMU who went on to a 24-7 win. Still, he's the clear leader of this offense and the North Carolina A&T transfer accounted for 15 touchdowns in the final seven games last season.
WR T.L. Ford
Ford is the team's top returning receiver with over 400 yards last season. He's expected to be the top target for Klugh this season and one of the better wideouts in Conference USA. But last week he had just two catches 20 yards. Life won't be easy for Ford against this Kansas State secondary.
Keys to the game
Improve the run defense
If there was anything to critique the Wildcats for it was their run defense, which gave up over 220 yards to Central Arkansas. Last season the Wildcats ranked 11th in the country allowing just 115 rushing yards per game. What happened on Saturday can't be a trend that continues, especially against a team like Charlotte.
Keep spreading the wealth
Kansas State had six receivers with a catch last week and no receiver had more than three grabs (Pringle, Harris). With Ertz continuing to improve and impress in the passing game, if the Wildcats can show they have several weapons at wide receiver at their disposal, this offense becomes even more lethal.
Don't screw around
There really isn't much to this. Charlotte stinks. They are picked to finish at the bottom of their division in Conference USA. Kansas State just needs to go out there and get this one over with as quickly as possible to save energy for a tougher road test against Vanderbilt the following week.
Kansas State 48, Charlotte 14
The Wildcats are going to take care of business with ease for a second-straight week. It's only a matter of by how much. Sure it's ahead of an SEC opponent, but this is in no way a trap game. The talent level isn't close on the respective sidelines. Kansas State will have this game completed by the third quarter and will begin resting starters in anticipation of a road game in Nashville against Vanderbilt.
Related Items:alex barnes, charlotte, hasaan klugh, Jesse Ertz, Kansas State, kansas state vs. charlotte preview, t.l. ford
Jimmy Fallon Throws Support Behind Texas Before Playing Kansas State
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2019 Kansas State Wildcats Spring Football Preview
Big 12 Week 2 Gambling Picks


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Q: Getters can set private variables I think I've misunderstood something about OOP in JavaScript. As I understand it, the point of setting up a private variable with its own getter and setter functions is to protect it from accidental alteration elsewhere in the program. But I'm finding it very easy to accidentally change private variables using their getter functions, which means I must be doing something wrong.
function Phone(os) {
  this.os = os;
  var _phoneBook = []; // phoneBook is intended to be private
  this.newNumber = function(phoneNumber) { // set new number
    _phoneBook.push(phoneNumber);
  }
  this.listNumbers = function() { // get all numbers
    return _phoneBook;
  }
}

var andy = new Phone("Android");
andy.newNumber("555-123-4567");
console.log(andy.listNumbers()); // => ["555-123-4567"]
// You shouldn't be able to set a private property through a getter function, but you can.
var extendedPhoneBook = andy.listNumbers().push("123-456-7890");
console.log(andy.listNumbers()); // => ["555-123-4567", "123-456-7890"]

A: That Array is being passed as a reference, so when calling listNumbers()  you are returning the Actual Array to the exterior. You can return copies of the Array with something like this:
function Phone(os) {
  this.os = os;
  var _phoneBook = []; // phoneBook is intended to be private
  this.newNumber = function(phoneNumber) { // set new number
    _phoneBook.push(phoneNumber);
  }
  this.listNumbers = function() { // get all numbers
    return _phoneBook.slice(0);
  }
}

A: you might consider changing function listNumbers to something like enumerateNumbers that takes a function that gets passed a string for each number in your list to hide the internal array, something like this:
function Phone(os) {
  this.os = os;
  var _phoneBook = []; // phoneBook is intended to be private
  this.newNumber = function(phoneNumber) { // set new number
    _phoneBook.push(phoneNumber);
  }
  this.enumerateNumbers = function(cb) { // get all numbers
    for (var idx in _phoneBook) {
      cb(_phoneBook[idx]);
    }
  }
}

var andy = new Phone("Android");
andy.newNumber("555-123-4567");

andy.enumerateNumbers(function(num) { console.log(num); })

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