OTPD 5011. Introduction to Occupational Therapy Practice. 1 Hour.
This course provides an overview of occupational therapy including professional standards, career paths, and the role of occupational therapy in health, wellness, and education. Prerequisite: Admission to the Occupational Therapy Professional Doctoral (OTD) degree program.
OTPD 5113. Theory and Foundations of Occupational Therapy. 3 Hours.
Students critically analyze the historical foundation, philosophical assumptions, core concepts, theories, models and frames of reference that have shaped the profession of occupational therapy. Current trends and emerging practice areas are introduced. Inter-professional education and the OT/OTA collaborative process are discussed. Prerequisite: Admission to the Occupational Therapy Professional Doctoral (OTD) degree program.
OTPD 5121L. Task Analysis of Occupational Behaviors Lab. 1 Hour.
Through task analysis, students explore a variety of occupations and tasks to understand the complexity of occupational performance. Students determine activity demands and begin to formulate modifications to support client participation. The terminology of the profession is reinforced and applied. This is a companion course to OTPD 5122. Prerequisite: Admission to the Occupational Therapy Professional Doctoral (OTD) degree program. Corequisite: OTPD 5122.
OTPD 5122. Occupational Behaviors. 2 Hours.
Students explore the value of occupation to support individual participation. The meaning, components, and dynamics of occupation are discussed. Students are introduced to the therapeutic use of occupation-based and purposeful activities, and preparatory methods. Students explore the importance of achieving health, well-being, and participation in life through engagement in occupation.Prerequisite: Admission to the Occupational Therapy Professional Doctoral (OTD) degree program. Corequisite: OTPD 5121L.
OTPD 5131L. Human Anatomy and Movement Lab. 1 Hour.
Through laboratory experiences, students learn various assessments that can be used to identify movement patterns that can affect human function across the lifespan. This is a companion course to OTPD 5132. Prerequisite: Admission to the Occupational Therapy Professional Doctoral (OTD) degree program.Corequisite: OTPD 5132.
OTPD 5132. Human Anatomy and Movement. 2 Hours.
Students analyze human structure and function as it relates to engagement in occupations within different contexts. The anatomical foundation of the skeletal and muscle systems, mechanics and principles of human motion, analysis and application are emphasized. Prerequisite: Admission to the Occupational Therapy Professional Doctoral (OTD) degree program. Corequisite: OTPD 5131L.
OTPD 5143. Clinical Pathophysiology. 3 Hours.
Students identify the role of occupation in the promotion of health and prevention of disease and disability. Conditions that may require occupational therapy intervention are presented by exploring client factors (body structure and function) that impact participation in areas of occupation. The etiologies, signs, symptoms, laboratory findings, diagnosis, prognosis, course of the condition, and the influence on daily life as well as the evidence-based medical treatment are discussed. Prerequisite: Admission to the Occupational Therapy Professional Doctoral (OTD) degree program.
OTPD 5153. Scholarly Practice, Scholarship and Research Fundamentals. 3 Hours.
An examination of methods of research in occupational science and practice and the use of bibliographic tools. Focuses on purposes and problems of various forms of research, procedures and instruments employed, and reporting of research results to advance core knowledge. Prerequisite: Admission to the Occupational Therapy Professional Doctoral (OTD) degree program.
OTPD 5162. Level I Fieldwork and Seminar Experience I. 2 Hours.
Students participate in directed observation and participation at clinical fieldwork sites to gain professional behaviors. This fieldwork experience includes a weekly fieldwork seminar that emphasizes clinical reasoning and documentation through classroom analysis of observations in order to strengthen ties between didactic learning and clinical practice. Prerequisite: Admission to the Occupational Therapy Professional Doctoral (OTD) degree program.
OTPD 517V. Occupational Therapy Tutorial. 1-6 Hour.
Selected topics in professional issues. Prerequisite: Admission to the Occupational Therapy Professional Doctoral (OTD) degree program. May be repeated for up to 6 hours of degree credit.
OTPD 518V. Independent Study in Occupational Therapy. 1-6 Hour.
Directed independent study in occupational therapy. Prerequisite: Admission to the Occupational Therapy Professional Doctoral (OTD) degree program. May be repeated for up to 6 hours of degree credit.
OTPD 519V. Translational and Integrative OT Practices. 1-12 Hour.
This is a companion course used to translate core knowledge presented in non-occupational therapy courses into an OT integrative perspective. Prerequisite: Admission to the Occupational Therapy Professional Doctoral (OTD) degree program. May be repeated for up to 12 hours of degree credit.
OTPD 5212. Neurological Bases of Functional Lifestyles. 2 Hours.
A study of the central, autonomic, and peripheral nervous systems and functional changes across the lifespan as these relate to body structure and function associated with activities of everyday life. Prerequisite: Admission to the Occupational Therapy Professional Doctoral (OTD) degree program. Corequisite: OTPD 5221 and OTPD 5231.
OTPD 5221. Adult Neurogenics and Occupation. 1 Hour.
Study of the effects of normal aging process and acquired neurological conditions upon occupational activities from early adulthood throughout the lifespan. Laboratory experiences are used to examine theories and techniques related to evaluation of vocational potential and work/life adjustment. Prerequisite: Admission to the Occupational Therapy Professional Doctoral (OTD) degree program. Corequisite: OTPD 5212.
OTPD 5231. Developmental Neurogenics and Occupation. 1 Hour.
Study of the effects of the normal developmental process and neurological conditions present at birth or acquired in childhood upon occupational activities from birth through adolescence. Laboratory experiences are used to examine theories and techniques related to evaluation of physical and sensorimotor components as well as the affective components that can impact engagement in learning and other activities. Prerequisite: Admission to the Occupational Therapy Professional Doctoral (OTD) degree program. Corequisite: OTPD 5212.
OTPD 5243. Professional Issues in Occupational Therapy. 3 Hours.
Students critically explore the interaction between societal values and health/education policies that impact service delivery to frame ethical decision making in professional interactions, client interventions, and employment settings. They learn how to examine and analyze issues and make decisions to resolve personal and organizational ethical conflicts utilizing the AOTA Code of Ethics and Ethics Standards as a guide. Prerequisite: Admission to the Occupational Therapy Professional Doctoral (OTD) degree program.
OTPD 5253. Social, Cultural and Environmental Aspects of Daily Functioning. 3 Hours.
Students study the physical, cognitive, emotional, and psychological development of children, adults, and families in the context of sociocultural and environmental aspects of daily living. Emphasis is placed on diversity and quality of life as they relate to lifestyle choices and meaningful occupation. Prerequisite: Admission to the Occupational Therapy Professional Doctoral (OTD) degree program or by permission of the instructor.
OTPD 5262. Level I Fieldwork and Seminar Experience III. 2 Hours.
Students participate in directed observation and participation at clinical fieldwork sites to enhance professional behaviors. Students observe a practitioner applying his/her expertise and then dialogue about this process. This fieldwork experience includes a weekly fieldwork seminar emphasizes clinical reasoning and documentation using classroom analysis of observations with an emphasis on community, culture, and policy factors that influence engagement in occupation.Prerequisite: Admission to the Occupational Therapy Professional Doctoral (OTD) degree program.
OTPD 5272. Level I Fieldwork and Seminar Experience II. 2 Hours.
Students participate in directed observation and participation at clinical fieldwork sites to enhance professional behaviors. Students observe a practitioner applying his/her expertise and then dialogue about this process. This fieldwork experience includes a weekly fieldwork seminar emphasizes clinical reasoning and documentation using classroom analysis of observations with an emphasis on psychological and social factors that influence engagement in occupation.Prerequisite: Admission to the Occupational Therapy Professional Doctoral (OTD) degree program.
OTPD 528V. Special Topics in Occupational Therapy. 1-12 Hour.
Comprehensive study of various topics of importance in contemporary occupational sciences and practice. Prerequisite: Admission to the Occupational Therapy Professional Doctoral (OTD) degree program. May be repeated for up to 12 hours of degree credit.
OTPD 531V. Study Abroad in Occupational Therapy. 1-12 Hour.
Study visits that include lectures, site visits, and fieldwork experiences approved by the program. Prerequisite: Instructor consent. May be repeated for up to 12 hours of degree credit.
OTPD 532V. Applied Research and Service Learning in the Community. 1-6 Hour.
Students use integrated core occupational therapy knowledge with community based research in service learning projects. Reflection and integration of research and practice are part of weekly on-campus meetings. Prerequisite: Admission to the Occupational Therapy Professional Doctoral (OTD) degree program and instructor consent. May be repeated for up to 6 hours of degree credit.
OTPD 5333. Service Delivery Models. 3 Hours.
Introduction to the domains of occupational therapy and the service delivery models through which prevention, assessment, and intervention are provided. Prerequisite: Admission to the Occupational Therapy Professional Doctoral (OTD) degree program.
OTPD 5353. Foundations of Communication and Patient Care. 3 Hours.
A review of the role and function of the health counselors from various professions. The course includes a focus on interprofessional communicative style, problem solving approaches for coping with daily problems of living, decision making, and life style planning. Prerequisite: Admission to the Occupational Therapy Professional Doctoral (OTD) degree program or instructor consent.
OTPD 5411L. Interventions in Sensory and Cognitive Disorders Lab. 1 Hour.
This course entails practice using assessment tools and methodologies used in analyzing and evaluating visual, cognitive and/or perceptual deficits of all client populations. Active learning experiences are used to examine and demonstrate strategies to address performance deficits. Prerequisite: Admission to the Occupational Therapy Professional Doctoral (OTD) degree program. Corequisite: OTPD 5412.
OTPD 5412. Sensory and Cognitive Conditions and Their Treatment. 2 Hours.
This course examines the visual, cognitive and perceptual disorders associated with developmental or acquired disabilities. Strategies for screening, assessment, and intervention with perceptual and cognitively impaired populations are addressed to determine the effect of the impairment on the components of human performance and occupation. Prerequisite: Admission to the Occupational Therapy Professional Doctoral (OTD) degree program. Corequisite: OTPD 5411L.
OTPD 5433. Occupational Therapy Practices with School Age Children. 3 Hours.
This course covers the role of occupational therapy with school age children in across service delivery models and options. Educational policy at it applies to special education and service provision is included. Prerequisite: Admission to the Occupational Therapy Professional Doctoral (OTD) degree program.
OTPD 5443. Occupational Therapy in Early Intervention. 3 Hours.
This course surveys occupational therapy practices with children birth to three across service delivery models. Issues associated with health promotion and family wellness, social and educational awareness, and coordination of services are included. Prerequisite: Admission to the Occupational Therapy Professional Doctoral (OTD) degree program.
OTPD 5451L. Technology and Environmental Interventions Lab. 1 Hour.
Students develop basic skills for providing evaluation, intervention, and apply evidence-based practice, resource coordination, and advocacy for clients who utilize multiple forms of assistive devices. This includes designing, fabricating, and providing instructions for the use of interventions such as ADL; IADL; EADL; and MRADL devices relevant for infant through adolescent populations. Prerequisite: Admission to the Occupational Therapy Professional Doctoral (OTD) degree program or instructor consent. Corequisite: OTPD 5452.
OTPD 5452. Technology and Environmental Interventions. 2 Hours.
This course explores technological advancements for health and wellness of populations and individuals with and without disabilities so students can develop an understanding of how the non-human, e.g., mechanized, digital, environment impacts occupational performance of the infant through adolescent populations.Prerequisite: Admission to the Occupational Therapy Professional Doctoral (OTD) degree program. Corequisite: OTPD 5451L.
OTPD 5462. Level I Fieldwork and Seminar Experience IV. 2 Hours.
Students participate in directed observation and participation at clinical fieldwork sites to enhance professional behaviors. Students observe a practitioner applying his/her expertise and then dialogue about this process. This fieldwork experience includes a weekly fieldwork seminar emphasizes clinical reasoning and documentation using classroom analysis of observations with an emphasis on agency, special education, and policy factors that influence engagement in school and career occupation. Prerequisite: Admission to the Occupational Therapy Professional Doctoral (OTD) degree program.
OTPD 5513. Linking Qualitative and Quantitative Research to Practice. 3 Hours.
Mixed methods research methodology will be applied to service provision, the scholarship of teaching and learning, community and professional service, and leadership. Prerequisite: Admission to the Occupational Therapy Professional Doctoral (OTD) degree program.
OTPD 5523. Globalization and Health. 3 Hours.
Epidemiology tools for understanding health and culture are paired with qualitative approaches at the individual/family/community level to build critical thinking skills about bodily function, life possibilities, and occupation. Prerequisite: Admission to the Occupational Therapy Professional Doctoral (OTD) degree program or instructor consent.
OTPD 5533. Upper and Lower Extremities Dysfunction: Assessment and Treatment. 3 Hours.
This course focuses on physical dysfunction of the upper and lower extremities associated with developmental and acquired conditions, and how these impact life differently as clients age. Assessment and treatment possibilities that are associated with subsequent functional outcomes are explored. Prerequisite: Admission to the Occupational Therapy Professional Doctoral (OTD) degree program or instructor consent.
OTPD 5542. Splinting, Orthotics, and Prosthetics. 2 Hours.
Knowledge and skills associated with outcomes that maximize occupation in everyday life are examined. Prerequisite: Admission to the Occupational Therapy Professional Doctoral (OTD) degree program or instructor consent.
OTPD 5562. Level I Fieldwork and Seminar Experience V. 2 Hours.
Students participate in directed observation and participation at clinical fieldwork sites to enhance professional behaviors. This fieldwork experience includes a weekly fieldwork seminar emphasizes clinical reasoning and documentation using classroom analysis of observations with an emphasis on community living, specialty services, and policy factors that influence functional living. Critical thinking about service provision includes aging in place, lifestyle redesign, chronic disease, and working with supportive medical, community, and family support systems. Prerequisite: Admission to the Occupational Therapy Professional Doctoral (OTD) degree program.
OTPD 561V. Level II Fieldwork Rotations. 3-12 Hour.
Supervised clinical placements that develop competent, entry-level, generalist occupational therapists who can provide services across age ranges, service models, and practice areas. To be repeated until 480 hours of in-depth experience are acquired. Prerequisite: Admission to the Occupational Therapy Professional Doctoral (OTD) degree program, and satisfactory completion of all the OTD program Level I Fieldwork courses. May be repeated for up to 12 hours of degree credit.
OTPD 5723. Mental Health, Addictions, and Behavioral Differences. 3 Hours.
A study of behavioral and substance additions, including an overview of differential treatment. Prerequisite: Admission to the Occupational Therapy Professional Doctoral (OTD) degree program or instructor consent.
OTPD 5733. Teambuilding, Advocacy and Leadership. 3 Hours.
Student readings and papers address the fundamentals of teambuilding in contemporary societies and the role and function of occupational therapists as leaders and advocates. This course includes a service learning component.Prerequisite: Admission to the Occupational Therapy Professional Doctoral (OTD) degree program or instructor consent.
OTPD 574V. Interprofessional Studies. 1-3 Hour.
This course provides a mechanism for students to development an interprofessional knowledge base through team building that will enhance their understanding of the work of practitioners in the areas of health, education, and human services. Prerequisite: Admission to the Occupational Therapy Professional Doctoral (OTD) degree program or instructor consent. May be repeated for up to 3 hours of degree credit.
OTPD 5812. Higher Education and Career Development. 2 Hours.
This course provides an overview of the field of higher education, life-long learning, and the role of these in career development. Prerequisite: Admission to the Occupational Therapy Professional Doctoral (OTD) degree program or instructor consent.
OTPD 5822. Clinical Supervision in Higher Education. 2 Hours.
This course exposes students to models of clinical supervision and research on best practices. Observation and reflection are used to develop critical thinking as it applies to supervising students in clinical fieldwork. Prerequisite: Admission to the Occupational Therapy Professional Doctoral (OTD) degree program or instructor consent.
OTPD 5833. Capstone Project. 3 Hours.
The capstone project is a critical, summative document that demonstrates formative reflection and analyses in a key area of occupational therapy: clinical reasoning and practice, research, administration, leadership, program and policy development, advocacy, education, or theory development. The format of the capstone project is determined by the student in consultation with a faculty mentor.Prerequisite: Admission to the Occupational Therapy Professional Doctoral (OTD) degree program.
OTPD 591V. Level III Fieldwork Doctoral Internship. 3-6 Hour.
This doctoral-level experiential component is designed to develop advanced skills in one or more of the following: clinical practice skills, research skills, administration, leadership, program and policy development, advocacy, education, or theory development. The student, under the supervision of an expert mentor, engages in an experience that meets his/her individualized objectives. Duration of the experiential component is a minimum of 16 weeks or 640 hours. Prerequisite: Admission to the Occupational Therapy Professional Doctoral (OTD) degree program. Satisfactory completion of Level I and Level II Fieldwork experiences in the OTD program. May be repeated for up to 6 hours of degree credit.


text:
Case list
No violation of due process when the arbitral tribunal properly addresses the issues at hand.
4A_76/2012
Interest to foreign readers:
Of some interest
Violation of due process (right to be heard)
Violation of public policy
Original version:
31 ASA Bull 128 (2013)
Arbitrator (s):
Bernasconi Michele
Gross Balz
Schmied Ernst
X.__ Ltd.
Y.__ GmbH
Dallafior Roberto
Rauber Martin
Brusa Damiano
Gabriel Simon
At issue was a dispute between a company in Singapore and a German company that had entered into a contract in 2004 for the delivery of a plant to manufacture dialyzes. A dispute arose between the parties and the German company subsequently resold the plant to a third party.
Arbitration proceedings in Basel ensued on the basis of an ICC arbitration clause. The Arbitral tribunal was composed of arbitrators Michele Bernasconi and Balz Gross with Ernst Schmied as chairman and after a two days hearing in Zurich in September 2, 2010, the arbitrators issued an award upholding part of the claim and rejecting the counterclaim.
An appeal was made to the Federal Tribunal based on arguments that the right to be heard – Swiss parlance for due process as you know - had been violated and the following are of some interest in the opinion:
As most of you are already aware, the right to be heard does not extend to a guarantee that an international arbitral award issued in Switzerland will necessarily be reasoned. This is an important difference when compared to normal legal requirements in Switzerland (see section 3.1 of the opinion in this respect).
A violation of the right to be heard cannot be shown by simply substituting one's assessment of the evidence to that of the arbitral tribunal. The appellant must show in what way it was impossible to prove which points of a timely submitted offer of evidence (see sections 3.2 and 3.3 of the opinion in this respect).
<>(iii)Although the principle of pacta sunt servanda belongs to the realm of substantive public policy, it is violated only when an arbitral tribunal acknowledges the existence of a contractual commitment but refuses to enforce it or, conversely, when the arbitrators deny the existence of a contract but uphold a contractual obligation anyway. In other words, it is most unlikely that there will ever be a violation of the rule of pacta sunt servanda in a "Swiss" arbitration as long as this definition stands. (See section 4.2 of the opinion in this respect).
4A_76/20121
Judgment of October 11, 2012
First Civil Law Court
Federal Judge Klett (Mrs.), Presiding
Federal Judge Rottenberg Liatowitsch (Mrs.),
Federal Judge Kolly,
Clerk of the Court: Leemann.
X.________ Ltd.,
Represented by Dr. Roberto Dallafior and Dr. Martin Rauber,
Y.________ GmbH,
Represented by Mr. Damiano Brusa and Dr. Simon Gabriel,
Respondent,
Y.________ GmbH, headquartered in Germany (the Claimant, the Respondent) is a German engineering company specializing in medical devices.
X.________ Ltd, headquartered in Singapore (the Defendant, the Appellant) was founded in 1997. In 2003 it undertook the production of so called dialyzers. Later on it gave up this activity and except for some real estate transactions it has no longer any significant business activity.
A.b
On May 5, 2004, the parties entered into an agreement described as "Contract nr rrr.________" as to the sale and delivery to the Defendant of a plant to manufacture dialyzers for a price of EUR 7 Million. As to the conditions of payments the agreement anticipated that the Defendant (in addition to two installments of EUR 500'000 in 2004) would open a letter of credit of EUR 2.5 Million by December 7, 2004. Upon receipt of the letter of credits the plant would have to be delivered by the Claimant. The balance of EUR 3.5 Million would be paid by the Defendant in seven installments of EUR 500'000.
The Defendant made the two payments on June 29 and September 15, 2004. However, despite a request from the Claimant, it did not open the letter of credit. Then the Claimant did not deliver the contractual plant to the Defendant. Various attempts of the parties to enter into an agreement failed. On June 18, 2007, the parties and Z.________ Ltd – a sister company of the Defendant – signed a document described as "Novation and Supplemental Deed."2 It then remained disputed between the parties whether this was a legally binding agreement or merely a non-binding draft.
A.c
On August 25, 2009, the Claimant gave the Defendant a last time limit for payment with the notice that should payment fail to be made the plant would be resold. On September 7, 2009, the Claimant entered into a corresponding sales contract with Q.________ GmbH in Germany. In a letter of October 12, 2009, the Claimant terminated the agreement of May 5, 2004, for breach of contract. The plant in dispute was delivered to Q.________ GmbH on November 9, 2009.
On June 27, 2008, the Claimant started arbitration proceedings according to the rules of the International Chamber of Commerce (ICC) against the Defendant. It submitted a claim (amended during the arbitral proceedings) according to which the Defendant was to be ordered to pay EUR 4'946'556.94 with interest at 8% above the basis rate of the European Central Bank (ECB) from January 1, 2006.
The Defendant submitted that the claim should be rejected and should its standing to defend be admitted, it counterclaimed for an amount of EUR 1 Million with interest at 5% from June 29, 2004, as to EUR 500'000 and from September 15, 2004, as to EUR 500'000, in addition to damages amounting to EUR 122'000 with interest at 5% from August 1, 2005.
The hearing took place in Zurich on September 14 and 15, 2010.
B.b
In an award of December 22, 2011, the ICC Arbitral Tribunal sitting in Basel ordered the Defendant to pay EUR 978'681.71 with interest at 5% as to EUR 679'294 from November 10, 2009, as to EUR 543'907 from November 10, 2009, and as to EUR 28'394 from June 27, 2008. The claim was otherwise rejected. The Arbitral Tribunal also rejected the Defendant's counterclaim.
In a civil law appeal, the Defendant submits that the Federal Tribunal should annul the arbitral award of December 22, 2011, and send the matter back to the Arbitral Tribunal for a new decision.
The Respondent submits that the appeal should be rejected to the extent that the matter is capable of appeal. The Arbitral Tribunal stated its position on May 29, 2009,3 in which it submitted that the appeal should be rejected.
The Appellant submitted a reply to the Federal Tribunal on June 15, 2012, and the Respondent submitted a rejoinder on July 26, 2012.
On February 22, 2012, the Federal Tribunal rejected the Appellant's application for a stay of enforcement.
In a decision of March 15, 2012, the Federal Tribunal upheld the Respondent's request for security for costs and ordered the Appellant to deposit an amount of CHF 14'000 as security for the Respondent's costs. The amount was subsequently paid to the Court Office of the Federal Tribunal.
In a decision of July 8, 2012, the Federal Tribunal rejected the Respondent's procedural requests that it should be authorized to access the "annex" to the Appellant's communication of April 24, 2012, namely that it should be given the name, address and banking reference of the individual or company that had paid the security for costs to the Court Office.
Reasons:
According to Art. 54 (1) BGG4 the Federal Tribunal issues its decision in an official language,5 as a rule in the language of the decision under appeal. Should the decision be in another language, the Federal Tribunal uses the official language chosen by the parties. The decision under appeal is in English. As this is not an official language and the Parties used German before the Federal Tribunal, the decision of the Federal Tribunal shall be issued in German.
In the field of international arbitration a civil law appeal is allowed pursuant to the requirements of Art. 190-192 PILA6 (SR 291) (Art. 77 (1) (a) BGG).
The seat of the Arbitral tribunal is in Basel in this case. Neither the Appellant nor the Respondent had their seats in Switzerland at the determining time. As the Parties did not opt out of the provisions of Chapter 12 PILA in writing they are applicable (Art. 176 (1) and (2) PILA).
The grievances allowed are the ones limitatively listed in Art. 190 (2) PILA (BGE 134 III 1867 at 5 p. 187; 128 III 50 at 1a p. 53; 127 III 279 at 1a p. 282). According to Art. 77 (3) BGG the Federal Tribunal reviews only the grievances which are brought forward and reasoned in the brief; this corresponds to the duty to submit reasons contained in Art. 106 (2) BGG as to the violation of constitutional rights and of cantonal and intercantonal law (BGE 134 III 1868 at 5 p. 187 with references). Criticism of an appellate nature is not permitted (BGE 134 III 565 at 3.1 p. 567; 119 II 380 at 3b p. 382).
The Federal Tribunal bases its judgment on the factual findings of the arbitral tribunal (Art. 105 (1) BGG). The Court may not rectify or supplement the factual findings of the arbitral tribunal, even when they are blatantly inaccurate or based on a violation of the law within the meaning of Art. 95 BGG (see Art. 77 (2) BGG ruling out the applicability of Art. 97 BGG and that of Art. 105 (2) BGG). However the Federal Tribunal may review the factual findings of the award under appeal when some admissible grievances within the meaning of Art. 190 (2) PILA are brought forward against such factual findings or when new evidence is exceptionally taken into account (BGE 138 III 299 at 2.2.1 p. 34; 134 III 565 at 3.1 p. 567; 133 III 139 at 5 p. 141; with references). He who claims an exception to the rule that the Federal Tribunal is bound by the factual findings of the lower Court and wishes to rectify or supplement the facts in this manner, must show with reference to the record that the corresponding factual allegations were already made in the previous proceedings in accordance with the procedural rules (see BGE 115 II 484 at 2a p. 486; 111 II 471 at 1c p. 473; with references).
The Appellant argues a violation of the right to be heard (Art. 190 (2) (d) PILA) in several respects.
Art. 190 (2) (d) PILA allows an appeal only with regard to mandatory procedural rules according to Art. 182 (3) PILA. According to this the arbitral tribunal must ensure in particular that the parties are effectively heard. With the exception of the right to a reasoned decision this corresponds to the constitutionally protected right in Art. 29 (2) BV10 (BGE 130 III 35 at 5 p. 37 ff; 128 III 234 at 4b p. 243; 127 III 576 at 2c p. 578 ff). Case law infers from this the right of the parties to state their views as to all facts important for the decision, to present their legal arguments, to prove their factual allegations with suitable evidence presented in a timely manner and in accordance with formal requirements, to participate in the hearings, and to access the record (BGE 130 III 35 at 5 p. 38; 127 III 576 at 2c p. 578 ff; with references).
The Appellant argues that the Arbitral Tribunal disregarded various substantiated submissions important for the decision it made in connection with: the construction of the plant in accordance with the contract, as to the meeting of the Parties in September 2005, as to the failure to open the letter of credit, and as to the occurrence of the loss or the computation of damages. In doing so, it merely submits criticism of an appellate nature of the award under appeal, to the extent that it repeats its legal argument as to several issues in the case before the Federal Tribunal, with reference to its submissions in the arbitral proceedings and to many exhibits, drawing conclusions differing from those in the award under appeal. Thus, the Appellant claims that the plant did not meet the contractual requirements, that the Respondent was obliged to build the plant so that three types of dialyzers could be produced by using three different housings. The Arbitral Tribunal considered the Appellant's various arguments as to the allegedly contractually agreed upon size of the housings; yet it did not follow the Appellant's argument but instead held, after assessing the evidence at hand, that no rule could be derived from the May 5, 2004, agreement as to a specific size of the crank case of the dialyzer. The Appellant shows no violation of the right to be heard (Art. 190 (2) (d) PILA) by alleging the opposite. In doing so it merely submits some inadmissible criticism of the award under appeal. The same applies to its arguments as to the goods allegedly to be produced principally according to the contract, in which it merely lists its submissions in the arbitral proceedings as to the adequacy of the plant to the production of dialyzers 1.6 m2 in size and concludes from this that, had the Arbitral Tribunal taken its arguments into consideration, it would have "come to the right conclusion" that the plant had not been built in accordance with the contract.
Its submissions as to the meeting of the Parties in September 2005 and the failure to open the letter of credit are tantamount to unauthorized criticism of the award under appeal. The Appellant generally disregards the fact that there is no right to obtain reasons of an arbitral award to be derived from the principle of the right to be heard within the meaning of Art. 190 (2) (d) PILA (BGE 134 III 186 at 6 p. 187 ff with references). By claiming the allegedly insufficient reasons in the arbitral award it does not show any of the grievances contained in Art. 190 (2) PILA (see BGE 134 III 186 at 6.1 p. 187; 127 III 576 at 2b p. 577 ff; with references).
Moreover, it is not accurate that the Arbitral Tribunal disregarded the Appellant's argument that the Respondent suffered no loss as a consequence of the difference in price between the original agreement between the Parties of May 5, 2004, and the contract concluded by the Respondent and Q.________ GmbH on September 7, 2009. The Arbitral Tribunal examined the issue of the decisive price difference thoroughly. It did not follow the Appellant's point of view that the parties reduced the purchase price of the plant from EUR 7 Million to EUR 5'095'000 in the agreement of November 28, 2006, but rather considered that a condition agreed upon to the price reduction was not fulfilled, which led it to compute the price difference on the basis of the original price of EUR 7 Million and not based on the reduced price of EUR 5'095'000 considered decisive by the Appellant. Whether or not the Arbitral Tribunal rightly relied on the difference between the originally agreed upon purchase price of EUR 7 Million and the resale price actually obtained of EUR 5'880'000 cannot be reviewed by the Federal Tribunal in these appeal proceedings. Also with regard to interest, the cost of repair and the cost for insuring and storing the plant, the Arbitral Tribunal examined the factual and legal requirements of the claim for damages and rejected the submissions mentioned in the appeal expressly or at least implicitly. The Appellant again criticizes the award under appeal unduly, without showing the existence of a grievance contained in Art. 190 (2) PILA. A violation of the right to be heard is not demonstrated.
The Appellant argues another violation of the right to be heard because in a decision of January 10, 2011 – therefore after the hearing and the closing of the evidentiary proceedings – the Arbitral Tribunal authorized the Respondent to substantiate the alleged damages and to submit a corresponding calculation, which the Respondent did in a submission of February 2, 2011, giving the Arbitral Tribunal a number of new allegations and documents. The Appellant expressed its position in this respect on March 14, 2011, requiring among other things a new hearing of witnesses. To the extent that the Arbitral Tribunal did not allow the witness evidence proposed, the Appellant's right to be heard would have been violated. The Arbitral Tribunal held that the interrogation of new witnesses was not necessary as the Respondent had relied on the price difference of EUR 1'120'000 before the hearing and after on the possible deductions from this amount had been discussed in the witness statements of A.________ and B.________; at the hearing of September 14 and 15, 2010, the Appellant had the opportunity to interrogate the witnesses as to these issues. The Appellant's right to be heard was complied with when it was given the opportunity to express its view as to the Respondent's submission of February 2, 2011, which it did thoroughly in its written submission of March, 14, 2011. The Appellant does not show to the Federal Tribunal which specific exhibits submitted by the Respondent would have required a new interrogation of witnesses. It merely argues sweepingly that the Respondent introduced many new arguments as to the computation of damages and new exhibits in its submission of February 2, 2011, which had not been made during the hearing on September 14 and 15, 2010. However, it does not show which specific submissions or exhibits would have been new and therefore could not have been addressed at the hearing. Neither does it show with reference to the record which of its arguments in the arbitral proceedings could have been proved by introducing witnesses and satisfies itself with the general allegation that hearing new witnesses would have made it possible for the Appellant to show that the loss claimed by the Respondent was inaccurate. This does not demonstrate a violation of the right to be heard (Art. 190 (2) (d) PILA).
Furthermore, the Appellant lists various fact findings of the award under appeal and claims that they are contrary to the record. In doing so, it disregards well established case law of the Federal Tribunal according to which a fact finding blatantly inaccurate or contrary to the record is not sufficient by itself to annul an international arbitral award. The right to be heard contains no guarantee of an award that is accurate as to the substance (BGE 127 III 576 at 2b p. 577 f.; 121 III 331 at 3a p. 333). Yet the Appellant does not argue that a blatant mistake of the Arbitral Tribunal made it impossible for the Appellant to submit its point of view and its evidence in the arbitration (see BGE 133 III 235 at 5.2 p. 248 ff; 127 III 576 at 2b-f p. 577 ff).
The Appellant argues that the Arbitral Tribunal violated public policy (Art. 190 (2) (e) PILA).
The substantive review of an international arbitral award by the Federal Tribunal is limited to the issue as to whether the arbitral award is consistent with public policy or not (BGE 121 III 331 at 3a p. 333). The substantive adjudication of a claim in dispute is contrary to public policy only when it disregards some fundamental legal principles and therefore becomes absolutely incompatible with the widely recognized value order which according to the dominating view in Switzerland, should be the basis of any legal order. Among such principles are the sanctity of contracts (pacta sunt servanda), the prohibition of abuse of rights, the general principle of good faith, the prohibition to expropriate without compensation, the prohibition to discriminate, the protection of incapables, and the prohibition of beyond measure commitments (see Art. 27 (2) ZGB), when it constitutes blatant and grave infringement of privacy (BGE 138 III 32211 at 4.1 and at 4.3.1/4.3.2; 132 III 389 at 2.2 p. 392 ff; with references).
The Appellant argues that the Arbitral Tribunal breached the principle of sanctity of contracts (pacta sunt servanda) by disregarding the price reduction from EUR 7 Million to EUR 5'095'000 agreed upon on November 28, 2006.
The argument disregards the scope of the principle of sanctity of contracts in the framework of the ground for appeal at Art. 190 (2) (e) PILA. The aforesaid principle is violated only when the arbitral tribunal acknowledges the existence of a contract but declines to enforce it or, conversely, when it denies the existence of a contract but nevertheless upholds a contractual obligation (judgment 4A_14/201212 of May 2, 2012, at 5.2.1, not published in BGE 138 III 270; 4A_46/201113 of May 16, 2011, at 4.2.1; 4A_43/201014 of July 29, 2010, at 5.2; also see BGE 120 II 155 at 6c/cc p. 171; 116 II 634 at 4b p. 638). There can be no such claim here. The Arbitral Tribunal held that a contractual requirement for the price reduction according to the agreement of November 28, 2006, was not met and therefore correctly did not proceed to reduce the price. To the extent that the Appellant puts this in question and submits its divergent view to the Federal Tribunal, it merely criticizes unduly the interpretation of the contract by the Arbitral Tribunal. In doing so it shows no violation of public policy (Art. 190 (2) (e) PILA).
The Appellant argues furthermore that in its decision of January 10, 2011, the Arbitral Tribunal made it possible for the Respondent to improve its unsubstantiated claim after the hearing and the evidentiary proceedings were closed, thus violating the principle that the subject matter of a case is defined by the parties; acting rightly, the Arbitral Tribunal should have rejected the claim. In doing so, the Appellant shows no violation of public policy but rather once again submits undue criticism of the award under appeal. The same applies to its submission that with regard to transportation costs, the Arbitral Tribunal "in fact" reversed the burden of proof, which is not justified.
The appeal is unfounded and must be rejected to the extent that the matter is capable of appeal. In view of the outcome of the proceedings, the Appellant must pay the costs and compensate the other party (Art. 66 (1) and Art. 68 (2) BGG).
Therefore the Federal Tribunal pronounces:
1. The appeal is rejected to the extent that the matter is capable of appeal.
2. The judicial costs, set at CHF 12'000 shall be borne by the Appellant.
3. The Appellant shall pay to the Respondent an amount of CHF 14'000 for the federal judicial proceedings. This amount shall be paid from the security for costs deposited with the Court Office of the Federal Tribunal.
4. This judgment shall be notified in writing to the Parties and to the ICC Arbitral tribunal sitting in Basel.
Lausanne October 11, 2012.
In the name of the First Civil Law Court of the Swiss Federal Tribunal.
The Presiding Judge: The Clerk:
Klett (Mrs.) Leemann
1. Translator's note: Quote as X._____ Ltf. v Y._____ GmbH, 4A_76/2012. The original decision is in German. The text is available on the website of the Federal Tribunal www.bger.ch
2. Translator's note: In English in the original text.
3. Translator's note: This is a typo: read May 29, 2012.
4. Translator's note: BGG is the German abbreviation for the Federal Statute of June 17, 2005, organizing the Federal Tribunal, RS 173 110.
5. Translator's note: The official languages of Switzerland are German, French and Italian.
6. Translator's note: PILA is the most commonly used English abbreviation for the Federal Statute on International Private Law of December 18, 1987, RS 291.
7. Translator's note: Full English translation at http://www.praetor.ch/arbitrage/right-to-be-heard-equality-between-the-parties/
9. Translator's note: Full English translation at http://www.praetor.ch/arbitrage/jurisdiction-of-the-cas-upheld-a-pathological-clause-has-to-be-s/
10. Translator's note: BV is the German abbreviation for the Swiss Constitution.
11. Translator's note: Full English translation at http://www.praetor.ch/arbitrage/landmark-decision-of-the-swiss-supreme-court-international-arbit/
12. Translator's note: Full English translation at http://www.praetor.ch/arbitrage/an-international-arbitral-tribunal-seating-in-switzerland-is-gen/
13. Translator's note: Full English translation at http://www.praetor.ch/arbitrage/no-breach-of-pre-arbitral-procedures-failure-to-deal-with-an-arg/
14. Translator's note: Full English translation at http://www.praetor.ch/arbitrage/judicial-review-of-international-arbitral-awards-limited-by-art-/
Copyright CPoncet © 2013

redpajama_set_name: RedPajamaCommonCrawl


text:
Gag on E-Tolling Information
Werksmans, a senior firm of attorneys, acting for SA National Roads Agency (Sanral), have conned the Opposition to Urban Tolling Alliance into signing a confidentiality agreement in order for OUTA to have sight of the agreements and complete tender documents related to Electronic Toll Collection's operation of the e-tolling system. This they needed to participate in the upcoming judicial review of the e-tolling system.
This is a travesty of justice and the DDF undertake that the full story, including the full extent of the costs (variously claimed to be between R6 Bn to R30 Bn) and the funds flows both for costs and revenue, will be made available to the public.
Look at it any way you like, this issue relates to the distribution of public funds, whether through indirect taxation or direct taxation, and the public have a moral if not a legal right to have that information. A Direct Democracy Forum administration will ensure that those rights are legitimized and upheld, even if it takes an act of Parliament to do that.
The buck stops at the ballot box.
This entry was posted in Current Affairs by johnbarri. Bookmark the permalink.


I've saw a report of this exact problem elsewhere on the Web.
When I start HWiNFO64 on my Asus Maximus VI Hero motherboard, the two drives connected to the two Asmedia SATA ports disappear in Win 8.1. I have to reboot to get them back.
The problem does not happen if I set HWiNFO64 to "Disable Drive Scan", but, of course, then information on all of the drives is limited.
The Asmedia drivers are the latest available for Asus (2.0.8.0).
Is this a known problem? Is there any fix other than disabling scanning of the drives?
ASMedia drivers are known to cause some problems, but I have never seen such an issue.
If you attach the HWiNFO Debug File (of the run with Drive Scan enabled) I can try to look into that, but I'm not sure if I would be able to come up with a workaround that would fix this.


text:
/**********************************************************************

  Audacity: A Digital Audio Editor

  Contrast.cpp

\class ContrastDialog
\brief Dialog used for Contrast menu item

*//*******************************************************************/

#include "../Audacity.h"
#include "../AudacityApp.h"

#include "Contrast.h"

#include "../Envelope.h"
#include "../FFT.h"
#include "../WaveTrack.h"
#include "../Prefs.h"
#include "../Project.h"
#include "../FileNames.h"
#include "../widgets/LinkingHtmlWindow.h"
#include "../widgets/HelpSystem.h"
#include "FileDialog.h"

#include <math.h>
#include <limits>

#if defined(__WXMSW__) && !defined(__CYGWIN__)
#include <float.h>
#define finite(x) _finite(x)
#endif

// all these headers may not be needed
#include <wx/file.h>
#include <wx/ffile.h>
#include <wx/bitmap.h>
#include <wx/brush.h>
#include <wx/button.h>
#include <wx/datetime.h>
#include <wx/dcmemory.h>
#include <wx/file.h>
#include <wx/image.h>
#include <wx/intl.h>
#include <wx/msgdlg.h>
#include <wx/sizer.h>
#include <wx/statbox.h>
#include <wx/stattext.h>
#include <wx/textctrl.h>
#include <wx/valtext.h>

#include "../PlatformCompatibility.h"

static ContrastDialog *gContrastDialog = NULL;

void InitContrastDialog(wxWindow * parent)
{
   if(!gContrastDialog)
   {
      wxPoint where;

      where.x = 150;
      where.y = 150;

      gContrastDialog = new ContrastDialog(parent, -1, _("Contrast Analysis (WCAG 2 compliance)"), where);

      gContrastDialog->bFGset = false;
      gContrastDialog->bBGset = false;
   }

   // Zero dialog boxes.  Do we need to do this here?
   if( !gContrastDialog->bFGset )
   {
      gContrastDialog->mForegroundStartT->SetTimeValue(0.0);
      gContrastDialog->mForegroundEndT->SetTimeValue(0.0);
   }
   if( !gContrastDialog->bBGset )
   {
      gContrastDialog->mBackgroundStartT->SetTimeValue(0.0);
      gContrastDialog->mBackgroundEndT->SetTimeValue(0.0);
   }

   gContrastDialog->CentreOnParent();
   gContrastDialog->Show();
}

void CloseContrastDialog()
{
   if (gContrastDialog) {
      delete gContrastDialog;
      gContrastDialog = NULL;
   }
}

float ContrastDialog::GetDB()
{
   // FIXME: what if more than one track?
   float rms = float(0.0);

   AudacityProject *p = GetActiveProject();
   TrackListOfKindIterator iter(Track::Wave, p->GetTracks());
   Track *t = iter.First();
   if(mT0 > mT1)
   {
      wxMessageDialog m(NULL, _("Start time after end time!\nPlease enter reasonable times."), _("Error"), wxOK);
      m.ShowModal();
      return 1234.0; // 'magic number', but the whole +ve dB range will 'almost' never occur
   }
   if(mT0 < t->GetStartTime())
      mT0 = t->GetStartTime();
   if(mT1 > t->GetEndTime())
      mT1 = t->GetEndTime();
   if(mT0 > mT1)
   {
      wxMessageDialog m(NULL, _("Times are not reasonable!\nPlease enter reasonable times."), _("Error"), wxOK);
      m.ShowModal();
      return 1234.0;
   }
   if(mT0 == mT1)
   {
      wxMessageDialog m(NULL, _("Nothing to measure.\nPlease select a section of a track."), _("Error"), wxOK);
      m.ShowModal();
      return 1234.0;
   }
   bool mSelected = false;
   while(t) {
      if( ((WaveTrack *)t)->GetSelected() )
      {
         if( mSelected == true ) // already measured one track
         {
            wxMessageDialog m(NULL, _("You can only measure one track at a time."), _("Error"), wxOK);
            m.ShowModal();
            return 1234.0;
         }
         else
         {
            ((WaveTrack *)t)->GetRMS(&rms, mT0, mT1);
            mSelected = true;
         }
      }
      t = iter.Next();
   }
   if( mSelected )
   {
      if( rms < 1.0E-30 )
         return -60.0;
      return 20.0*log10(rms);
   }
   else
   {
      wxMessageDialog m(NULL, _("Please select something to be measured."), _("Error"), wxOK);
      m.ShowModal();
      return 1234.0;
   }
}

double ContrastDialog::GetStartTime()
{
   return(mT0);
}

void ContrastDialog::SetStartTime(double t)
{
   mT0 = t;
}

double ContrastDialog::GetEndTime()
{
   return(mT1);
}

void ContrastDialog::SetEndTime(double t)
{
   mT1 = t;
}

// WDR: class implementations

//----------------------------------------------------------------------------
// ContrastDialog
//----------------------------------------------------------------------------

// WDR: event table for ContrastDialog

enum {
   ID_BUTTON_GETFOREGROUND = 10001,
   ID_BUTTON_GETBACKGROUND,
   ID_BUTTON_USECURRENTF,
   ID_BUTTON_USECURRENTB,
   ID_BUTTON_GETURL,
   ID_BUTTON_EXPORT,
   ID_BUTTON_RESET,
   ID_BUTTON_CLOSE,
   ID_FOREGROUNDSTART_T,
   ID_FOREGROUNDEND_T,
   ID_BACKGROUNDSTART_T,
   ID_BACKGROUNDEND_T,
   ID_FOREGROUNDDB_TEXT,
   ID_BACKGROUNDDB_TEXT,
   ID_RESULTS_TEXT,
   ID_RESULTSDB_TEXT
};

BEGIN_EVENT_TABLE(ContrastDialog,wxDialog)
   EVT_BUTTON(ID_BUTTON_GETFOREGROUND, ContrastDialog::OnGetForegroundDB)
   EVT_BUTTON(ID_BUTTON_GETBACKGROUND, ContrastDialog::OnGetBackgroundDB)
   EVT_BUTTON(ID_BUTTON_USECURRENTF, ContrastDialog::OnUseSelectionF)
   EVT_BUTTON(ID_BUTTON_USECURRENTB, ContrastDialog::OnUseSelectionB)
   EVT_BUTTON(ID_BUTTON_GETURL, ContrastDialog::OnGetURL)
   EVT_BUTTON(ID_BUTTON_EXPORT, ContrastDialog::OnExport)
   EVT_BUTTON(ID_BUTTON_RESET, ContrastDialog::OnReset)
   EVT_BUTTON(ID_BUTTON_CLOSE, ContrastDialog::OnClose)
END_EVENT_TABLE()

/* i18n-hint: WCAG2 is the 'Web Content Accessibility Guidelines (WCAG) 2.0', see http://www.w3.org/TR/WCAG20/ */
ContrastDialog::ContrastDialog(wxWindow * parent, wxWindowID id,
                           const wxString & title,
                           const wxPoint & pos):
  wxDialog(parent, id, title, pos, wxDefaultSize,
     wxDEFAULT_DIALOG_STYLE | wxRESIZE_BORDER | wxMAXIMIZE_BOX )
{
   foregrounddB = 1234.0;
   backgrounddB = 1234.0;

   // NULL out the control members until the controls are created.
   mForegroundStartT = NULL;
   mForegroundEndT = NULL;
   mBackgroundStartT = NULL;
   mBackgroundEndT = NULL;
   wxTextValidator vld(wxFILTER_NUMERIC);
   wxString number;

   AudacityProject *p = GetActiveProject();
   mProjectRate = p->GetRate();

   ShuttleGui S(this, eIsCreating);

   S.SetBorder(5);
   S.StartHorizontalLay(wxCENTER, false);
   {
      S.AddTitle(_("Contrast Analyzer, for measuring rms volume differences between two selections of audio."));
   }
   S.EndHorizontalLay();
   S.StartStatic( _("Parameters") );
   {
      S.StartMultiColumn(5, wxEXPAND);
      {

         // Headings
         S.AddFixedText(wxT(""));   // spacer
         S.AddFixedText(_("Start"));
         S.AddFixedText(_("End"));
         S.AddFixedText(wxT(""));   // spacer
         S.AddFixedText(_("Volume    "));

         //Foreground
         S.AddFixedText(_("&Foreground:"), false);
         if (mForegroundStartT == NULL)
         {
            mForegroundStartT = new
            TimeTextCtrl(this,
                         ID_FOREGROUNDSTART_T,
                         _("hh:mm:ss + hundredths"),
                         0.0,
                         mProjectRate,
                         wxDefaultPosition,
                         wxDefaultSize,
                         true);
            mForegroundStartT->SetName(_("Foreground start time"));
            mForegroundStartT->EnableMenu(false);
         }
         S.AddWindow(mForegroundStartT);

         if (mForegroundEndT == NULL)
         {
            mForegroundEndT = new
            TimeTextCtrl(this,
                         ID_FOREGROUNDEND_T,
                         _("hh:mm:ss + hundredths"),
                         0.0,
                         mProjectRate,
                         wxDefaultPosition,
                         wxDefaultSize,
                         true);
            mForegroundEndT->SetName(_("Foreground end time"));
            mForegroundEndT->EnableMenu(false);
         }
         S.AddWindow(mForegroundEndT);

         m_pButton_UseCurrentF = S.Id(ID_BUTTON_USECURRENTF).AddButton(_("&Measure selection"));
         mForegroundRMSText=S.Id(ID_FOREGROUNDDB_TEXT).AddTextBox(wxT(""), wxT(""), 12);
         mForegroundRMSText->Connect(wxEVT_KEY_DOWN, wxKeyEventHandler(ContrastDialog::OnChar));

         //Background
         S.AddFixedText(_("&Background:"));
         if (mBackgroundStartT == NULL)
         {
            mBackgroundStartT = new
            TimeTextCtrl(this,
                         ID_BACKGROUNDSTART_T,
                         _("hh:mm:ss + hundredths"),
                         0.0,
                         mProjectRate,
                         wxDefaultPosition,
                         wxDefaultSize,
                         true);
            mBackgroundStartT->SetName(_("Background start time"));
            mBackgroundStartT->EnableMenu(false);
         }
         S.AddWindow(mBackgroundStartT);

         if (mBackgroundEndT == NULL)
         {
            mBackgroundEndT = new
            TimeTextCtrl(this,
                         ID_BACKGROUNDEND_T,
                         _("hh:mm:ss + hundredths"),
                         0.0,
                         mProjectRate,
                         wxDefaultPosition,
                         wxDefaultSize,
                         true);
            mBackgroundEndT->SetName(_("Background end time"));
            mBackgroundEndT->EnableMenu(false);
         }
         S.AddWindow(mBackgroundEndT);

         m_pButton_UseCurrentB = S.Id(ID_BUTTON_USECURRENTB).AddButton(_("Mea&sure selection"));
         mBackgroundRMSText = S.Id(ID_BACKGROUNDDB_TEXT).AddTextBox(wxT(""), wxT(""), 12);
         mBackgroundRMSText->Connect(wxEVT_KEY_DOWN, wxKeyEventHandler(ContrastDialog::OnChar));
      }
      S.EndMultiColumn();
   }
   S.EndStatic();

   //Result
   S.StartStatic( _("Result") );
   {
      S.StartMultiColumn(3, wxCENTER);
      {
         S.AddFixedText(_("Co&ntrast Result:"));
         mPassFailText = S.Id(ID_RESULTS_TEXT).AddTextBox(wxT(""), wxT(""), 40);
         mPassFailText->Connect(wxEVT_KEY_DOWN, wxKeyEventHandler(ContrastDialog::OnChar));
         m_pButton_Reset = S.Id(ID_BUTTON_RESET).AddButton(_("R&eset"));
         S.AddFixedText(_("&Difference:"));
         mDiffText = S.Id(ID_RESULTSDB_TEXT).AddTextBox(wxT(""), wxT(""), 30);
         mDiffText->Connect(wxEVT_KEY_DOWN, wxKeyEventHandler(ContrastDialog::OnChar));
         m_pButton_Export = S.Id(ID_BUTTON_EXPORT).AddButton(_("E&xport..."));
      }
      S.EndMultiColumn();
   }
   S.EndStatic();
   S.StartMultiColumn(3, wxEXPAND);
   {
      S.SetStretchyCol(1);
      m_pButton_GetURL = S.Id(ID_BUTTON_GETURL).AddButton(_("&Help"));
      S.AddFixedText(wxT(" "));   // spacer
      m_pButton_Close = S.Id(ID_BUTTON_CLOSE).AddButton(_("&Close"));
   }
   S.EndMultiColumn();
   Layout();
   Fit();
   SetMinSize(GetSize());
   Center();
}

ContrastDialog::~ContrastDialog()
{
   mForegroundRMSText->Disconnect(wxEVT_KEY_DOWN, wxKeyEventHandler(ContrastDialog::OnChar));
   mBackgroundRMSText->Disconnect(wxEVT_KEY_DOWN, wxKeyEventHandler(ContrastDialog::OnChar));
   mPassFailText->Disconnect(wxEVT_KEY_DOWN, wxKeyEventHandler(ContrastDialog::OnChar));
   mDiffText->Disconnect(wxEVT_KEY_DOWN, wxKeyEventHandler(ContrastDialog::OnChar));
}

void ContrastDialog::OnGetForegroundDB( wxCommandEvent & WXUNUSED(event))
{
   SetStartTime(mForegroundStartT->GetTimeValue());
   SetEndTime(mForegroundEndT->GetTimeValue());
   foregrounddB = GetDB();
   m_pButton_UseCurrentF->SetFocus();
   results();
}

void ContrastDialog::OnGetBackgroundDB( wxCommandEvent & WXUNUSED(event))
{
   SetStartTime(mBackgroundStartT->GetTimeValue());
   SetEndTime(mBackgroundEndT->GetTimeValue());
   backgrounddB = GetDB();
   m_pButton_UseCurrentB->SetFocus();
   results();
}

void ContrastDialog::OnGetURL(wxCommandEvent & WXUNUSED(event))
{
   // Original help page now a dead link.
   // http://www.eramp.com/WCAG_2_audio_contrast_tool_help.htm
   HelpSystem::ShowHelpDialog(this, wxT("Contrast"));
}

void ContrastDialog::OnClose(wxCommandEvent & WXUNUSED(event))
{
   Show(false);
}

void ContrastDialog::OnUseSelectionF(wxCommandEvent & event)
{
   AudacityProject *p = GetActiveProject();
   TrackListIterator iter(p->GetTracks());
   Track *t = iter.First();
   while (t) {
      if (t->GetSelected() && t->GetKind() == Track::Wave) {
         mForegroundStartT->SetTimeValue(p->mViewInfo.sel0);
         mForegroundEndT->SetTimeValue(p->mViewInfo.sel1);
         break;
      }
      t = iter.Next();
   }
   bFGset = true;
   OnGetForegroundDB(event);
}

void ContrastDialog::OnUseSelectionB(wxCommandEvent & event)
{
   AudacityProject *p = GetActiveProject();
   TrackListIterator iter(p->GetTracks());
   Track *t = iter.First();
   while (t) {
      if (t->GetSelected() && t->GetKind() == Track::Wave) {
         mBackgroundStartT->SetTimeValue(p->mViewInfo.sel0);
         mBackgroundEndT->SetTimeValue(p->mViewInfo.sel1);
         break;
      }
      t = iter.Next();
   }
   bBGset = true;
   OnGetBackgroundDB(event);
}

void ContrastDialog::results()
{
   if(foregrounddB == 1234.0) // magic number, but OK for now
   {
      mForegroundRMSText->SetName(_("No foreground measured"));
      mForegroundRMSText->ChangeValue(wxString::Format(wxT(" ")));
   }
   else
   {
      mForegroundRMSText->SetName(_("Measured foreground level"));
      if( -foregrounddB != std::numeric_limits<float>::infinity() )
         mForegroundRMSText->ChangeValue(wxString::Format(_("%.1f dB"), foregrounddB));   // i18n-hint: short form of 'decibels'
      else
         mForegroundRMSText->ChangeValue(wxString::Format(_("zero")));
   }
   if(backgrounddB == 1234.0)
   {
      mBackgroundRMSText->SetName(_("No background measured"));
      mBackgroundRMSText->ChangeValue(wxString::Format(wxT(" ")));
   }
   else
   {
      mBackgroundRMSText->SetName(_("Measured background level"));
      if( backgrounddB * backgrounddB != std::numeric_limits<float>::infinity() )
         mBackgroundRMSText->ChangeValue(wxString::Format(_("%.1f dB"), backgrounddB));
      else
         mBackgroundRMSText->ChangeValue(wxString::Format(_("zero")));
   }
   if( (foregrounddB != 1234.0) && (backgrounddB != 1234.0) )
   {
      if(foregrounddB - backgrounddB > 20)
         mPassFailText->ChangeValue(_("WCAG2 Pass"));
      else
         mPassFailText->ChangeValue(_("WCAG2 Fail"));
      /* i18n-hint: i.e. difference in loudness at the moment. */
      mDiffText->SetName(_("Current difference"));
      float diffdB = foregrounddB - backgrounddB;
      if( diffdB != diffdB )  // test for NaN, reliant on IEEE implementation
         mDiffText->ChangeValue(wxString::Format(_("indeterminate")));
      else
         if( fabs(diffdB) != std::numeric_limits<float>::infinity() )
            mDiffText->ChangeValue(wxString::Format(_("%.1f dB Average rms"), diffdB));
         else
            mDiffText->ChangeValue(wxString::Format(_("infinite dB difference")));
   }
   else
   {
      mPassFailText->SetName(wxT(""));
      mPassFailText->ChangeValue(_("Please enter valid times."));
      mDiffText->ChangeValue(wxT(""));
   }
}

void ContrastDialog::OnExport(wxCommandEvent & WXUNUSED(event))
{
   AudacityProject * project = GetActiveProject();
   wxString fName = wxT("contrast.txt");

   fName = FileSelector(_("Export Contrast Result As:"),
                        NULL, fName, wxT("txt"), wxT("*.txt"), wxFD_SAVE | wxRESIZE_BORDER, this);

   if (fName == wxT(""))
      return;

   wxTextFile f(fName);
#ifdef __WXMAC__
   wxFile *temp = new wxFile();
   temp->Create(fName);
   delete temp;
#else
   f.Create();
#endif
   f.Open();
   if (!f.IsOpened()) {
      wxMessageBox(_("Couldn't write to file: ") + fName);
      return;
   }

   f.AddLine(wxT("==================================="));
   f.AddLine(_("WCAG 2.0 Success Criteria 1.4.7 Contrast Results"));
   f.AddLine(wxT(""));
   f.AddLine(wxString::Format(_("Filename = %s."), project->GetFileName().c_str() ));
   f.AddLine(wxT(""));
   f.AddLine(_("Foreground"));
   float t = (float)mForegroundStartT->GetTimeValue();
   int h = (int)(t/3600);  // there must be a standard function for this!
   int m = (int)((t - h*3600)/60);
   float s = t - h*3600.0 - m*60.0;
   f.AddLine(wxString::Format(_("Time started = %2d hour(s), %2d minute(s), %.2f seconds."), h, m, s ));
   t = (float)mForegroundEndT->GetTimeValue();
   h = (int)(t/3600);
   m = (int)((t - h*3600)/60);
   s = t - h*3600.0 - m*60.0;
   f.AddLine(wxString::Format(_("Time ended = %2d hour(s), %2d minute(s), %.2f seconds."), h, m, s ));
   if(foregrounddB != 1234.0) // see other instances of '1234.0' in here
      if( fabs(foregrounddB) != std::numeric_limits<float>::infinity() )
         f.AddLine(wxString::Format(_("Average rms = %.1f dB."), foregrounddB ));
      else
         f.AddLine(wxString::Format(_("Average rms = zero.") ));
   else
      f.AddLine(wxString::Format(_("Average rms =  dB.")));
   f.AddLine(wxT(""));
   f.AddLine(_("Background"));
   t = (float)mBackgroundStartT->GetTimeValue();
   h = (int)(t/3600);
   m = (int)((t - h*3600)/60);
   s = t - h*3600.0 - m*60.0;
   f.AddLine(wxString::Format(_("Time started = %2d hour(s), %2d minute(s), %.2f seconds."), h, m, s ));
   t = (float)mBackgroundEndT->GetTimeValue();
   h = (int)(t/3600);
   m = (int)((t - h*3600)/60);
   s = t - h*3600.0 - m*60.0;
   f.AddLine(wxString::Format(_("Time ended = %2d hour(s), %2d minute(s), %.2f seconds."), h, m, s ));
   if(backgrounddB != 1234.0)
      if( fabs(backgrounddB) != std::numeric_limits<float>::infinity() )
         f.AddLine(wxString::Format(_("Average rms = %.1f dB."), backgrounddB ));
      else
         f.AddLine(wxString::Format(_("Average rms = zero.") ));
   else
      f.AddLine(wxString::Format(_("Average rms =  dB.")));
   f.AddLine(wxT(""));
   f.AddLine(_("Results"));
   float diffdB = foregrounddB - backgrounddB;
   if( diffdB != diffdB ) //test for NaN, reliant on IEEE implementation
      f.AddLine(wxString::Format(_("Difference is indeterminate.") ));
   else
      if( fabs(diffdB) != std::numeric_limits<float>::infinity() )
         f.AddLine(wxString::Format(_("Difference = %.1f Average rms dB."), diffdB ));
      else
         f.AddLine(wxString::Format(_("Difference = infinite Average rms dB.")));
   if( diffdB > 20. )
      f.AddLine(_("Success Criteria 1.4.7 of WCAG 2.0: Pass"));
   else
      f.AddLine(_("Success Criteria 1.4.7 of WCAG 2.0: Fail"));

   f.AddLine(wxT(""));
   f.AddLine(_("Data gathered"));
   wxString sNow;
   wxDateTime now = wxDateTime::Now();
   int year = now.GetYear();
   wxDateTime::Month month = now.GetMonth();
   wxString monthName = now.GetMonthName(month);
   int dom = now.GetDay();
   int hour = now.GetHour();
   int minute = now.GetMinute();
   int second = now.GetSecond();
   sNow = wxString::Format(wxT("%d %s %02d %02dh %02dm %02ds"),
        dom, monthName.c_str(), year, hour, minute, second);
   f.AddLine(sNow);

   f.AddLine(wxT("==================================="));
   f.AddLine(wxT(""));

#ifdef __WXMAC__
   f.Write(wxTextFileType_Mac);
#else
   f.Write();
#endif
   f.Close();
}

void ContrastDialog::OnReset(wxCommandEvent & event)
{
   bFGset = false;
   bBGset = false;

   mForegroundStartT->SetTimeValue(0.0);
   mForegroundEndT->SetTimeValue(0.0);
   mBackgroundStartT->SetTimeValue(0.0);
   mBackgroundEndT->SetTimeValue(0.0);

   wxCommandEvent dummyEvt;
   OnGetForegroundDB(event);
   OnGetBackgroundDB(event);
   results();
}

void ContrastDialog::OnChar(wxKeyEvent & event)
{
   if (event.GetKeyCode() == WXK_TAB) {
      event.Skip();
      return;
   }

   event.Skip(false);
   return;
}

redpajama_set_name: RedPajamaGithub


When I think of two products that contain such harmful ingredients that I would like everyone to "go green" on, I think of anti-perspirant and sunscreen.
Conventional sunscreens, also called "chemical sunscreens" contain chemicals such as oxybenzone, avobenzone, octisalate, octocrylene, homosalate and octinoxate (not to mention parabens, fragrance, phthalates, and multiple ethoxylated ingredients), which are used to filter ultraviolet radiation. If it's not obvious already, applying chemicals to "protect" your skin is trading one bad thing for another.
Many of the chemicals commonly used in sunscreen are endocrine disruptors, estrogenic and may interfere with thyroid and other hormone processes in the body. Not cool right!? There is also a lot of research to suggest that Vitamin A derivative, retinol palmitate (found in most chemical sunscreens), speeds up the growth of cancerous cells.
Okay, so we know that chemical sunscreens are bad for us, but what do we do? I'm here to tell you that there are amazing alternatives that actually work! There are "physical" sunscreens that use minerals (zinc oxide and titanium dioxide), which protect your skin beautifully. In our August Mapleblume box we included the Natural Moisturizing Face Sunscreen & Primer from Suntegrity. It's a gorgeous, lightweight, and hydrating sunscreen that has no harmful ingredients, in fact, it's actually good for your skin!
Some other great sunscreen brands are COOLA, Beauty By Earth, and Badger.
In addition to the Suntegrity Sunscreen & Primer, here are a few more face sunscreens that are at the top of their game!
A great resource to check the quality of your sunscreen is the Environmental Working Group (EWG) Skin Deep Sunscreen Guide which comes out each year.
One of the fabulous things about the growing green beauty industry and the dissemination of information is that companies are responding to the demand for clean products, in turn, the science and product development is getting better and better!


Where to stay around Negara Stadium?
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text:
Lantela és un tipus de panícula o inflorescència composta. És un corimbe cimós, semblant al raïm (les flors es disposen poc o molt separades les unes de les altres al llarg d'un eix al qual són unides per un peduncle) però amb l'estructura d'una panícula (amb flors terminals a cada ramificació) en la qual les flors laterals són més altes que les centrals. Els peduncles tenen diferent llargada, a diferència dels del raïm: els de les flors laterals (més altes) són més llargs.

Bibliografia

Inflorescències

redpajama_set_name: RedPajamaWikipedia


text:
Tri-County Triangle Trail, Inc.
A Volunteer Non-Profit Supporting Multi-Use Trails in Fayette, Ross and Highland Counties
Visit our Facebook page for latest news! Follow this LINK for a little railroad/trail history! historythe trail!
Trail Safety! Following a few guidelines will prevent unnecessary accidents.
BICYCLISTS MUST YIELD TO ALL OTHER USERS OF TRAIL!
DOGS MUST BE ON A LEASH FOR SAFETY REASONS... FOR YOUR PET AND OTHER USERS.
Be Courteous.
All trail users, including bicyclists, joggers, walkers, wheelchairs, skateboarders, roller bladers, should be respectful of other users regardless of their mode, speed or level of skill.
Be Predictable.
Travel in a consistent and predictable manner. Always look behind before changing positions on the trail.
Don't Block The Trail.
When in a group or with your pets, use no more than half the trail so as not to block the flow of other users.
Keep Right.
Stay as near to the right side of the trail as is safe, except when passing another user.
Pass On The Left.
Pass others, going your direction, on their left. YIELD TO SLOWER AND ON-COMING TRAFFIC. Use hand signals to alert those behind you of your moves. Look ahead and back to make sure the lane is clear before you pull out and pass. Pass with ample separation and do not move back to the right until safely past. REMEMBER: CHILDREN AND PETS CAN BE UNPREDICTABLE.
Stopping.
When stopping, move off of the trail. Beware of others approaching you from behind and make sure they know you are pulling over.
Give Audible Warning BEFORE Passing.
Give a clear signal by using voice, bell or horn before passing. Give the person you are passing time to respond. Watch for their reaction. So that you can hear these safety signals, please don't wear dual ear headphones on the trail.
Obey All Traffic Signs And Signals.
Use extra caution where trails cross streets. Stop at all signs and intersections and be cautious when crossing driveways. When entering or crossing a trail yield to traffic on the trail.
Be Respectful Of Private Property.
Trails are open to the public, but often the land on the side of the trail is private property. Please respect all property rights and stay on trail and berm.
Do not leave glass, paper, cans, plastic, or any other debris on or near a trail. If you drop something, please remove it immediately. If you do find litter please help by picking it up.
Please! Do not block farm equipment access or park on private land if parking along road.
Always Exercise Due Care And Caution!
"Tri-County Triangle Trail" has a new name! Paint Creek Recreation Trail
The trail had official and "unofficial" names for sections of the trail in City of Chillicothe, Ross County, Fayette County and City of Washington Court House. Now the trail will have a single new name for the entire length.
Tri-County Triangle Trail Supports Recreation in Fayette and Ross Counties
Since it's founding in 1991 Tri-County Triangle Trail, Inc., an all volunteer group that has no paid employees or office, has supported the creation and maintenance of recreational trails for walking, cycling, walking your dog, running or just enjoying a nature walk. Working closely with the Ross County Park District, Village of Frankfort, City of Chillicothe, Township Trustees, a 30 plus mile paved trail from Chillicothe to Washington Court House was constructed.
Tri-County Triangle Trail worked tirelessly to acquire the right-of-way from the railroad then donate the land to Ross County Park District in Ross County and then support and assist in the completion of the trail from Washington Court House to Chillicothe.
Along the trail you will see the natural beauty of the region including streams, pastoral country views, wild life and flowers and even a covered bridge! However maintaining and making improvements to the trail requires funds and labor to mow, remove dying trees, cut back invasive weeds, repair root damage to pavement, repair and maintain the signs, pavement surface repairs and construct amenities such as covered benches. TTT makes funds available to assist in the maintenance and repairs to the trail and volunteers of Tri-County Trail work regularly in Ross County with the Ross County Park District and local Township Trustees, City of Washington and County Engineer in Fayette County to maintain the trail and improve trail user experience.
Our volunteers help with maintenance of the trail. Recently TTT has sealed cracks in payment and applied an environmental friendly sealant to extend trail life in Fayette County. We have also converted a bridge to a covered bridge, paved bridge decks as a maintenance repair, painted stop and stop bars at intersections, replaced stop signs, repaired vandalism and completed paving of a mile of trail and improved parking area at the Robinson Rd trail head. Volunteers have repainted the mile markers on the trail at half-mile intervals starting at Chillicothe and ending at at mile marker 30.0,Robinson Rd. in Fayette County All these improvements were completed with the generous donations of trail supporters, income from our annual Cookie Ride, and small, but important, grants from Fayette Travel and Tourism!
Increasing costs of maintenance as the trail gets "older" and some serious erosion issues that need attention makes the contributions by supporters to Tri-County Triangle Trail, Inc. and volunteer work on the trail even more important now than in the past! Tri-County Triangle Trail is a 501-c3 non-profit so your contributions are tax deductible as permited by the IRS. Check with your tax accountant for IRS rules/limits on charitable contributions.
Tri-County Triangle Trail, Inc. Board of Directors, members and supporters would like to thank the Ross County Park District, Ross and Fayette County Commissioners, Township Trustees where trail is located, the City of Washington Court House and City of Chillicothe, the Fayette Travel and Tourism for their continued support of making the Paint Creek Recreational Trail (Formerly the Tri-County Triangle Trail) the longest and most scenic recreational trail in Southern Ohio!
We look forward to working to continue to improve the trail and keep it open for generations to come. A priority is to support the effort to properly fund the Ross and Fayette County Park Districts to meet the challenges of maintaining and improving the trail and all parks in Ross and Fayette County.
Regional Trail News!
Pickaway County Park District:
The Pickaway County Park District is excited to announce that, thanks to our State Representatives and Garry Scherer, that the District has been awarded $500,000 in a State Capital Grant to begin the process of building a pedestrian bridge over the Scioto River. This Bridge will connect the City of Circleville to Canal Park and the Pickaway Trail and Fayette Trail, which is planned to run from Washington Court House into Circleville in the future. This bridge would be on the existing railroad corridor and on the existing railroad abutments across the river. Having this bridge would allow pedestrians and bikes to cross the river to connect to the City as well as to approximately 24 miles of existing and proposed trails to Washington Court House and connects to the Paint Creek Recreational Trail on the east side of Washington Court House. The Paint Creek Recreational Trail extends east to Frankfort and Chillicothe. It has been designated by the Ohio Department of Transportation as State Bicycle Route 20 connecting Xenia and Marietta.
Fayette County Park District:
The Fayette County Park District (FCPD) announced this week that its Western Fayette County Recreational Trail project has been selected for funding under the Ohio Department of Transportation's (ODOT) Transportation Alternative Program (TAP). The approximately $1.2 million project will receive up to $1,050,000 in state fiscal year 2023.
The project's scope entails construction of new pedestrian/bicycle trail extending from the current eastern terminus of the Greene County Park District's existing trail network to Allen Road in Fayette County. Fayette County Engineer Steve Luebbe will administer the project. Further details will be available as engineering and environmental details emerge.
When completed this multi-use recreational trail will connect to the Paint Creek Recreational Trail at Washington Court House and the Fayette Trail to Circleville. To the west it will connect to the completed 16 mile recreational trail to Jamestown and Xenia and intersect the Ohio Eire Trail that connects Cincinnati-Columbus-Cleveland.
Fayette Travel and Tourism awarded TTT a grant to replace all the safety (Stop, Stop Ahead) signs and informational signs to include distance to Frankfort, Chillicothe, Hopewell Culture National Monument and other points of interest. Many of the existing signs had been stolen or damaged. Also included is 2 QR code signs for links to things to do in Fayette County. This project was completed in September 2022.
The City of Washington has committed to completing the 2.0 mile connection from Old Chillicothe Rd. to the Shaw Wetland on acquired right-of-way corridor. The engineering and design work is complete.
TTT has completed construction a 2 mile section of the Clinton Fayette Friendship Trail that will eventually connect Washington Court House to Wilmington and the Little Miami Trail at Morrow with a total distance of over 40 miles. Ownership of this trail and right-of-way to the Clinton County line has beem transferred to the Fayette County Park District. The Fayette County Park District has been able to complete purchase of a ½ mile section which completes the acquisition of the right-of-way to extend the trail into Washington Court House.
Clinton County Park District:
Clinton County Park District, Clinton County Trails Coalition, City of Wilmington and the Clinton County Commissioners have been active in acquiring right-of-way and construction of trail to Morrow to connect to the Little Miami Trail and Washington Court House.
Clinton-Fayette Friendship Trail will connect Wilmington to Washington Court House (22 miles total) runs for just over 7 miles from Melvin Road in Clinton County, through Sabina and onto Borum Road at the Clinton/Fayette County line.
Future plans for this trail are to connect it to Washington Court House to the east and Wilmington to the west. The entirety of the project is called the Clinton-Fayette Friendship Trail (CFFT).
The Luther Warren Peace Path (LWPP) Extension is complete and starts at Nelson Road approximately 3.5 miles to the west and terminate at Ogden Road . Plans are underway to extend this trail to Morrow and connect to the Little Miami River Trail.
Ross County Park District:
The Paint Creek Recreational Trail terminus is east of Bridge Street and extends west to Robinson Rd in Fayette County. Approximately 33 miles in length this trail is one of the most scenic trails and longest in Southern Ohio. Sections of the trail between Hopewell National Historic Monument and Frankfort are experiencing issues with bank erosion along the North Fork of Paint Creek and deferred long term trail maintenance. TTT has been working with the Ross County Park District and others to find solutions to these issues. Hopefully a solution to these issues can be found to include volunteer work, grants, fund raising, partnerships, donations and cost savings. This recreational trail connects historic Chillicothe, Frankfort and Washington Court House. Along the trail is one of five Hopewell Culture National Historical Park sites, a United States national historical park with earthworks and burial mounds from the Hopewell culture, indigenous peoples who flourished from about 200 BC to AD 500.
On Thursday, March 24, 2022, the National Park Service (NPS) announced the nomination of the Hopewell Ceremonial Earthworks, located within Ohio's Hopewell Culture National Historical Park, to the UNESCO World Heritage List. The Paint Creek Recreational Trail offers access from the east and west.
If the site is designated as America's newest UNESCO World Heritage Site, it would join the likes of several other world-famous American places. Those include the Grand Canyon, Yellowstone, the Everglades, the Statue of Liberty and Independence Hall, all of which are also managed by the National Park Service.


text:
Fit For You: Diets Don't Equal A Healthy Lifestyle
tumsasedgars
Many of us made pledges or resolutions to exercise or eat healthier in the new year, but it's not unusual for these kinds of resolutions to fall by the wayside in the first weeks of the New Year. But why is that? And how can we make better plans?
Well, people often set lofty and unrealistic goals — especially when it comes to nutrition — says Becky Kerkenbush, a clinical dietitian, certified specialist in gerontological nutrition and fellow of the Academy of Nutrition and Dietetics.
"We see resolutions tend [to] fade away within four to six weeks of the new year."
"After the first of the year people are very motivated. They often make grand changes and expect great results in a short amount of time, and unfortunately that doesn't happen. So, we see resolutions tend [to] fade away within four to six weeks of the New Year," she notes.
So, how can we do better by ourselves? Kerkenbush says that when we think about dieting, we need to change our mindset from "diet" to "way of living."
"It's much, much bigger than just what you're eating," she notes. "It's stress, it's emotions, it's who's your support around you, do you work, do you work too much? So, all those are factors into how successful your meal plan will be."
Oftentimes the New Year is when diet programs accomplish what they are made to do — make money, sell books, and make products.
"[Fad diets] take advantage of providing you the meal plan, providing you all of these black and white guidelines, which at first people really want and are successful with. But then there's no long-term maintenance education," says Kerkenbush.
Programs such as the ketogenic diet, gluten-free, and other popular low-carb/high-fat diets may help someone lose weight initially by restricting foods, but they are not sustainable in the long-term, according to Kerkenbush.
"They don't have a support system, so without the prior preparation and putting some thought into it, the resolution can easily fail," she explains.
Kerkenbush notes one of the top culprits she's seen in the past year is the keto and gluten-free diets.
"[Keto is] usually unsustainable because it heavily restricts carbohydrates, which our brain and muscles do need to function properly," she explains. "I see people that do not have celiac disease and are not gluten sensitive or have a gluten allergy follow [gluten-free diets], and it mainly, for them, cuts out a lot of food, which reduces their calorie intake and that's where the weight loss stems from."
Instead of following a mass-marketed diet, meal plans should be followed because they are individualized for the person, says Kerkenbush. In addition to looking at someone's medical history, meal plans should take current lifestyle into account, as well as food tolerance.
"One size does not fit all and that's also why some of these fad diets fail," says Kerkenbush.
"One size does not fit all and that's also why some of these fad diets fail."
The first step to success is being able to make your food at home. "The better you are at food preparation, meal planning and cooking, the more success you'll have," says Kerkenbush.
The Mediterranean diet is still one of the best meal plans out there, according to Kerkenbush, because it stresses enjoying real whole foods, maintaining an active lifestyle, enjoying meals with family and friends, and actually taking time to eat without the distractions we've become accustomed to.
Mediterranean Meal Plan Guidelines
Credit chandlervid85 / Fotolia
Eat primarily plant-based foods: whole foods like fruit, vegetables, whole grain, legumes and nuts
Replace saturated fats (like butter) with healthy fats like olive oil and canola oil
Reduce use of salt: season your dishes with herbs and spices
Limit red meats to a few times a month: instead, eat fish and poultry twice a week
Enjoy meals with family and friends: "You have that conversation that slows you down so you're not eating, you're not in front of the TV eating mindlessly, where we tend to eat too much," notes Kerkenbush
Exercise: "People think, 'I'm not going to go out and run two miles,' but what they're talking about is just being active every single day," explains Kerkenbush. Thirty to 60 minutes of activity a day can be broken up throughout the day. Simply walk away from your desk every 15 minutes, take the stairs, take an extra walk during lunch, and hydrate sufficiently.
"There are lots of ways to increase activity," notes Kerkenbush. "I just think we just get into a rut and we just get so focused on work that we don't take the breaks that we are entitled to."
"It really does go hand-in-hand. Good sleep, good nutrition, good activity really creates that healthy lifestyle," says Kerkenbush.
Instead of trying to commit to a new goal or meal plan that is drastically different from what you are accustomed to, Kerkenbush suggests having one goal or one new habit. "Do that for a couple weeks, let that become more natural to you and then add on to that," she explains. "It's not one meal that makes or breaks you, but it's what you do repeatedly over time."
Eat something a half an hour to an hour after waking up: "A car does not run well when it's on empty; our body also does not run well if it hasn't had food," she says.
Avoid extreme hunger: Use a hunger scale, 0 = extreme hunger; 10 = uncomfortably full. "Eat before you're extremely hungry and fast when you're satisfied. Be mindful," Kerkenbush says.
Don't skip a meal: "When we skip a meal, we tend to over-eat at the next meal or make very poor food choices because of hunger," she says.
The less overwhelmed you are with changing your habits, you'll have greater chances of success in the long run. Kerkenbush says changing a small daily habit is a great place to start, and if you are seriously contemplating drastic food changes, consult your doctor or a dietician before you make those changes to see what will work best for you and your body.
"I think that people need to educate themselves on what works and what does not work," says Kerkenbush. "There is no magic pill that helps us lose all of this weight and there is no magic diet that is perfect for every person."
Lake Effect SegmentsFit For YouLake Effect
Audrey is a producer, host and reporter for Lake Effect. She is involved with every aspect of the show — from conducting interviews, editing audio, posting web stories and mixing the show together.
See stories by Audrey Nowakowski


It's that time of the year again, and along with the cold weather, nasty colds, hacking coughs and stuffy noses have arrived. Time to break out the over-the-counter decongestants and other treatments that make you feel better.
Many families use mint-scented products like Vapo Rub, that are massaged on the skin or inhaled, to give a comforting, warm, soothing sensation. Even though they don't shorten the course of the illness, they may provide temporary relief from cough and cold symptoms. Mike, our medical director, recalls being lathered up with the stuff like a greased pig when he was a kid.
One common ingredient found in topical rubs and vaporizer solutions is camphor. Camphor-containing products are often applied to the chest and neck to help relieve cough and soothe nasal passages. In addition to rubs and vaporizer solutions for colds and congestion, it can also be found in arthritis creams, gels and patches, some cold sore/fever blister products and some mothball formulations.
All three cases involved children who had unintentionally ingested camphor-contaning products and ended up in hospital emergency departments. The three children all experienced nausea, vomiting, drowsiness and seizure like activity (tremors, shakiness, and eyes rolling in the back of the head). Two children had ingested a medicated rub containing 4.8% camphor. The other child drank a vaporizer solution that contains 6.2% camphor. All were admitted to the hospital for observation. Fortunately, all three recovered.
Most camphor poisonings result from ingestion. Symptoms usually appear within 90 minutes of exposure. These symptoms include nausea and vomiting, confusion, agitation, hallucinations, tremors, and seizures.
Many camphor containing products are sold in non-child resistant packaging and can result in accidental poisoning by curious toddlers. Always store camphor containing products out of reach and sight of young children.
If you suspect someone has swallowed a camphor-containing product, never induce vomiting, and avoid giving them milk or oily foods. If the skin is exposed, removed contaminated clothing and wash the skin thoroughly with soap and water. If it is in the eyes, irrigate them thoroughly with room temperature water. In ALL cases of suspected exposure to camphor, immediately call the IPC on the national helpline at (800) 222-1222.
Click here for a free Complimentary Safety Packet (includes IPC sticker, magnet and first aid treatment for exposure to potentially harmful substances).


text:
10 Tech-Related Business Ideas
Small Business Business Ideas
There are many ideas for technology-related businesses out there that allow entrepreneurs with some tech-savvy to put their experience into building successful new companies.
At the rate technology continues to change, an ability to adapt to those changes, and help others in the process, has all the makings of a very powerful business foundation.
To get you started exploring business ideas in technology, here are 10 tech business ideas, including the pros and cons, and a list of resources to explore for each idea.
Many of these ideas involve selling services, meaning that you won't need to have a bunch of money tied up in inventory or manufacturing equipment. This list offers some very flexible ideas, and you can start many of these businesses with very little upfront capital, and either work as a solo consultant or hire workers and manage multiple clients and jobs.
Blog Consulting
PeopleImages / DigitalVision / Getty Images
If you are a blogging expert and love to learn and explore all things related to blogging, a small business as a blog consultant could be a very lucrative business, allowing you to support all types of businesses and bloggers in getting their blogs up and running.
You can also "farm out" writing and other blog-related projects to third parties and take a cut of the proceeds for managing the jobs. Explore if this is the right business idea for you.
Computer Repair and Maintenance
Hero Images / Getty Images
If you have a technical background and an expert understanding of computers and how they work, a small business as a computer repair and maintenance service could be a great business idea for you.
You can cater your services to one operating system, or support all major platforms. You can also supplement your business income with sales of items such as new hard drives, monitors, mice, and other computer-related items.
Ableimages / DigitalVision / Getty Images
Are you exceptionally savvy with computers, software and other devices, and want to help others boost their comfort level with technology? If so, a computer training business might be a great business idea for you.
Despite some of the "work from home" scams that involve data entry work, there are a lot of legitimate opportunities available for data entry businesses. If you are an exceptional typist with an eye for detail, explore what it takes to start a data entry business.
eBay Consulting
Getty Images Entertainment / Getty Images
An eBay consulting business may be the perfect business idea for an eBay pro who wants to help others use eBay effectively and generate a significant income. Learn if an eBay consulting business is the right business for you.
Blend Images - Hill Street Studios / Brand X Pictures / Getty Images
With the vast amount of information available online these days, being able to locate and validate information is a marketable skill. Do you have a knack for quickly finding relevant information on the Internet? If so, an Internet research business may be the perfect business idea for you.
Erik Isakson / Blend Images / Getty Images
Many small businesses don't have the budget to afford a full-time, in-house technical support team, making outsourced IT support a potentially lucrative business idea.
You can provide network setup and maintenance services, data backup and recovery, and software installation and management. Depending on your clients' needs, your services can also include security measures and mobile device management.
ChristopheHeylen / DigitalVision Vectors / Getty Images
Social media is a powerful marketing tool, particularly for small businesses. If you are a social media expert and love helping others create their own social media presence, then you may be an excellent fit for a social media consulting business. Learn the pros and cons of starting a social media consulting business.
Tim Robberts / The Image Library / Getty Images
Video marketing is growing in popularity for all types of businesses. Do you understand the technology behind video editing, and enjoy the process of taking raw video footage and creating a video that flows? A video production business may be a great small business idea for you.
Maskot / Getty Images
A web design business could be a fun and profitable way for you to follow your dream of being a small business owner, especially if you are a trained or self-taught web designer. Find out if you have what it takes to start a web design business.
The Pros and Cons of Starting a Computer Repair Business
Internet Business Ideas That You Can Start Today
7 Small Businesses You Don't Want to Start
17 Small Businesses You Can Start for Under $100
The Pros and Cons of Starting a Data Entry Business
The Pros and Cons of Starting a Consulting Business
A Great Business Opportunity - On Demand Services for Small Business
Great Business Ideas for Working With Seniors
What Are the Pros and Cons of Starting a Computer Training Business?
The Pros and Cons of Starting an Image Consulting Business
Turn Your Passion into Profit with These Creative Freelance Careers


text:
CYNTHIA M. BAASTEN
Section 504 in Illinois (Audio CD - 4+ hours)
Cynthia M. Baasten, is a partner at Engler Callaway Baasten & Sraga, LLC. Ms. Baasten practices in all areas of school law. Ms. Baasten received her undergraduate degree from the University of Notre Dame and her Juris Doctor degree from Loyola University of Chicago. She also earned a Certificate in Child and Family Law from Loyola Law School's Civitas Program. Prior to attending law school, Ms. Baasten worked as a Certified Public Accountant for a public accounting firm in Chicago. After law school, Ms. Baasten completed a judicial clerkship with the Honorable Sophia H. Hall in the Chancery Division, Circuit Court of Cook County before entering private practice. She lectures frequently on special education requirements, student matters, and employment issues for clients, training programs, and Illinois conferences. She is a member of the National Council of School Attorneys and the Illinois Council of School Attorneys and was recognized by Chicago Magazine as a "Rising Star" in the areas of school and education law for several years.
Financial: Cynthia Baasten is Partner at Engler Callaway Baasten & Sraga, LLC. She receives a speaking honorarium from PESI, Inc.
Nonfinancial: Cynthia Baasten is a member of the Illinois State Bar Association; the National Council of School Attorneys; and the Illinois Council of School Attorneys.


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I could never work out why the US Free Trade Agreements included a provision on patent term extension for 'unreasonable delays' in the patent office (see, eg, Australia-US Free Trade Agreement Art 17.9.8). I figured there must be delays in some of the developing world countries they negotiate with.
Now I understand why – according to Patently-O, 'the vast majority of issued patents have an extended patent term due to Patent Office delay' – at least in his sample of patents issued in March 2008.
PS – note that the Australia-US FTA provision isn't actually representative. Most of the FTAs require extension in the case of delay in relation to a single patent. Ours only kicks in if there is a pattern of unreasonable delays.


Join us for a stigma-free seminar for people with early-stage Alzheimer's disease, mild cognitive impairments or other forms of Dementia to help their spouses, family and/or caregivers. Our speaker will be Chloe Jackson, Community Relations Coordinator, John Hopkins; The Alzheimer's Disease Research Center (ADRC). This seminar is free and lunch is provided.