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NOTE: Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. See United States v. Detroit Timber & Lumber Co ., 200 U. S. 321, 337.
CALDERON, WARDEN, ET AL .
ASHMUS, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS
SIMILARLY SITUATED
CERTIORARI TO THE UNITED STATES COURT OF APPEALS
No. 97-391.
Argued March 24, 1998-Decided May 26, 1998
Chapter 154 of the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) provides , inter alia, an expedited review process-including a 180-day filing period, 28 U. S. C. A. �2263(a)-for federal habeas proceedings in capital cases in States that meet certain conditions. Proceedings against other States are governed by Chapter 153, which has a 1-year filing period, �2244(d)(1), and lacks expedited procedures. After California officials, including petitioner state attorney general, indicated that they would invoke Chapter 154's protections, respondent, a state capital prisoner, sought declaratory and injunctive relief to resolve whether the Chapter applied to a class of capital prisoners whose convictions were affirmed after a particular date. The Federal District Court issued a declaratory judgment, holding that California did not qualify for Chapter 154 and therefore the Chapter did not apply to the class, and enjoined petitioners from invoking the Chapter in any proceedings involving class members. In affirming, the Ninth Circuit rejected petitioners' claim that the Eleventh Amendment barred respondent's suit; determined that the District Court had authority to issue a declaratory judgment under the Federal Declaratory Judgment Act; and rejected petitioners' contention that the injunction violated the First Amendment. Before reaching the Eleventh and First Amendment issues on which certiorari was granted, this Court must address whether the action is the type of "Article III" "case or controversy" to which federal courts are limited. See, e.g., FW/PBS, Inc. v. Dallas, 493 U.S. 215, 230-231.
Held: This action is not a justiciable case under Article III. The De2CALDERON v. ASHMUS Syllabus claratory Judgment Act validly confers jurisdiction on federal courts to enter declaratory judgments in cases where the controversy would admit "of specific relief through a decree of a conclusive character, as distinguished from an opinion advising what the law would be upon a hypothetical state of facts." Aetna Life Ins. Co. v. Haworth, 300 U.S. 227, 241. Here, rather than seeking a final or conclusive determination of the underlying controversy-whether respondent is entitled to federal habeas relief-respondent carved out of that claim only the question whether, when he sought habeas relief, California's defense would be governed by Chapter 153 or Chapter 154. He would have obtained such a determination in a habeas action itself, but he seeks instead to have an advance ruling on the collateral issue. The Declaratory Judgment Act cannot be used for this purpose. See, e.g., Coffman v. Breeze Corps., 323 U.S. 316. Such an action's disruptive effects are peculiarly great when the underlying claims must be adjudicated in federal habeas, for it would allow respondent to obtain a declaration as to the applicable limitations period without ever having shown that he has met the exhaustion-of-state-remedies requirement. If class members file habeas petitions and the State asserts Chapter 154, they can litigate California's compliance with the Chapter at that time. The risk associated with resolving the issue in habeas rather than in a pre-emptive suit is no different from risks associated with choices that litigants commonly face. Respondent mistakenly relies on Steffel v. Thompson, 415 U.S. 452, for Steffel falls within the traditional scope of declaratory judgment actions: It completely resolved a concrete controversy susceptible to conclusive judicial determination. Pp. 4-9.
123 F. 3d 1199, reversed and remanded.
REHNQUIST , C. J., delivered the opinion for a unanimous Court. BREYER , J., filed a concurring opinion, in which SOUTER , J., joined.
NOTICE: This opinion is subject to formal revision before publication in the preliminary print of the United States Reports. Readers are requested to notify the Reporter of Decisions, Supreme Court of the United States, Washington, D. C. 20543, of any typographical or other formal errors, in order that corrections may be made before the preliminary print goes to press.
CHIEF JUSTICE REHNQUIST delivered the opinion of the Court.
Chapter 154 of the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA), 28 U. S. C. A. �2261 et seq. (Supp. 1998), provides certain procedural advantages to qualifying States in federal habeas proceedings. This case requires us to decide whether state death-row inmates may sue state officials for declaratory and injunctive relief limited to determining whether California qualifies under Chapter 154.
Chapter 154 revises procedural rules for federal habeas proceedings in capital cases. Most notably, it provides for an expedited review process in proceedings brought against qualifying States. It imposes a 180-day limitation period for filing a federal habeas petition. �2263(a). It treats an untimely petition as a successive petition for purposes of obtaining a stay of execution, �2262(c), and it allows a prisoner to amend a petition after an answer is filed only where the prisoner meets the requirements for a successive petition, �2266 (b)(3)(B). Chapter 154 also obligates a federal district court to render a final judgment on any petition within 180 days of its filing, and a court of appeals to render a final determination within 120 days of the briefing. ��2266(a) and (c).
As a general rule, Chapter 153-which has a 1-year filing period, �2244(d)(1), and lacks expedited review procedures-governs federal habeas proceedings against a State. Chapter 154 will apply in capital cases only if the state meets certain conditions. A State must establish "a mechanism for the appointment, compensation, and payment of reasonable litigation expenses of competent counsel" in state post-conviction proceedings, and "must provide standards of competency for the appointment of such counsel." �2261(b) (States with separate postconviction review proceedings); �2265(a) (States with unitary review procedures). 1 The State must offer counsel to all capital defendants, and the state court must enter an order concerning appointment of counsel. �2261(b); �2265(b). If a State meets these criteria, then it may invoke Chapter 154.
Various California officials, including petitioner Attorney General Lungren, publicly indicated that they thought California qualified under Chapter 154 and that they intended to invoke the Chapter's protections. Respondent Troy Ashmus, a state prisoner sentenced to death, filed a class action suit against petitioners. The class, which included all capital prisoners in California whose convictions were affirmed on direct appeal after June 6, 1989, sought declaratory and injunctive relief to resolve uncertainty over whether Chapter 154 applied.
The District Court issued a declaratory judgment holding that California does not presently qualify for Chapter 154 and that Chapter 154 therefore does not apply to any class members. It also issued a preliminary injunction enjoining petitioners from "trying or seeking to obtain for the State of California the benefits of the provisions of Chapter 154 . . . in any state or federal proceedings involving any class member." 935 F. Supp. 1048, 1076 (ND Cal. 1996).
The Court of Appeals for the Ninth Circuit affirmed. 123 F. 3d 1199 (1997). As a threshold matter, the Court of Appeals rejected petitioners' claim that the Eleventh Amendment barred respondent's suit as one against the State. The court concluded that the case falls within the Ex parte Young exception to Eleventh Amendment immunity, Ex parte Young, 209 U. S. 123 (1908), because respondent sufficiently alleged a continuing violation of federal law. 123 F. 3d, at 1204-1206. California's announced intention to invoke Chapter 154, without having complied with its requirements, threatened to violate the class members' right to thorough federal review of their first habeas petitions, pursuant to Chapter 153, and their right to assistance of counsel in federal habeas proceedings, pursuant to 21 U. S. C. �848(q). By stating its intention to invoke Chapter 154, the Court of Appeals reasoned, California forced inmates to make an unacceptable choice: filing a pro se petition within 180 days in order to ensure compliance with Chapter 154, which may fail to raise substantial claims, or waiting until counsel is appointed, which may miss the 180-day filing deadline if Chapter 154 applies. 123 F. 3d, at 1204-1205.
The Court of Appeals also determined that the District Court had authority to issue a declaratory judgment under 28 U. S. C. �2201(a). 123 F. 3d, at 1206-1207. It noted that a declaratory judgment plaintiff need only demonstrate an independent basis of federal jurisdiction and anactual case or controversy. Id., at 1206. The District Court had federal question jurisdiction under 28 U. S. C. �1331 because the case challenged the interpretation of a federal act. And the case or controversy requirement was satisfied, the court concluded, because "the State's threats to invoke Chapter 154 will significantly affect the plaintiffclass's ability to obtain habeas corpus review by a federal court." 123 F. 3d, at 1207.
The Court of Appeals agreed in large part with the District Court's conclusion that California does not qualify, and therefore found Chapter 154 inapplicable. In affirming the grant of injunctive relief, the Court of Appeals rejected petitioners' contention that enjoining their advocacy of a particular legal position violates the First Amendment. It thought the injunction did not interfere with the state officials' rights since they were free to voice their opinion that the decision was wrong-only not in court in order to invoke the benefits of Chapter 154. Id., at 1207-1209.
Petitioners sought review in this Court. We granted certiorari on both the Eleventh Amendment and the First Amendment issues, 522 U. S. __ (1997), but in keeping with our precedents, have decided that we must first address whether this action for a declaratory judgment is the sort of "Article III" "case or controversy" to which federal courts are limited. See, e.g., FW/PBS, Inc. v. Dallas, 493 U.S. 215, 230-231 (1990). 2
Before the enactment of the Federal Declaratory Judgment Act, this Court expressed the view that a "declara-tory judgment" was not within that jurisdiction. Willing v. Chicago Auditorium Assn., 277 U. S. 274, 289 (1928). But in Nashville, C. & St. L. R. Co. v. Wallace, 288 U. S. 249 (1933), the Court held that it did have jurisdiction to review a declaratory judgment granted by a state court. And in Aetna Life Ins. Co. v. Haworth, 300 U. S. 227 (1937), we decided that the Federal Declaratory Judgment Act validly conferred jurisdiction on federal courts to issue declaratory judgments in appropriate cases.
That Act provides that "[i]n a case of actual controversy within its jurisdiction, . . . any court of the United States . . . may declare the rights and other legal relations of any interested party seeking such declaration, whether or not further relief is or could be sought." 28 U. S. C. �2201. See also Fed. Rule Civ. Proc. 57. Thus, in Aetna Life Ins., we held that an insurance company could bring a declaratory judgment action to determine the validity of insurance policies. The company and the insured disputed whether the policies had lapsed and how much was currently payable, but the insured had not brought suit to recover benefits. 300 U. S., at 239-240. We observed that the controversy would admit "of specific relief through a decree of a conclusive character, as distinguished from an opinion advising what the law would be upon a hypothetical state of facts." 300 U. S., at 241. See also Wallace, supra, at 262. We have thus recognized the potential for declaratory judgment suits to fall outside the constitutional definition of a "case" in Article III: a claim " 'brought before the court(s) for determination by such regular proceedings as are established by law or custom for the protection or enforcement of rights, or the prevention, redress, or punishment of wrongs.' " Fairchild v. Hughes, 258 U. S. 126, 129 (1922).
The underlying "controversy" between petitioners and respondent is whether respondent is entitled to federal habeas relief setting aside his sentence or conviction obtained in the California courts. But no such final or conclusive determination was sought in this action. Instead, respondent carved out of that claim only the question of whether, when he sought habeas relief, California would be governed by Chapter 153 or by Chapter 154 in defending the action. Had he brought a habeas action itself, he undoubtedly would have obtained such a determination, but he seeks to have that question determined in anticipation of seeking habeas so that he will be better able to know, for example, the time limits which govern the habeas action.
We think previous decisions of this Court bar the use of the Declaratory Judgment Act for this purpose. In Coffman v. Breeze Corps., 323 U.S. 316 (1945), a patent owner brought suit seeking to have the Royalty Adjustment Act declared unconstitutional and to enjoin his licensee from paying accrued royalties to the government. The Court held that the action presented no case or controversy. The validity of the Act would properly arise only in a suit by the patent holder to recover the royalties, which suit could afford complete and adequate relief. In such a suit, if the licensee were to assert compliance with the Act as a defense to an obligation to pay the amounts due, the patent holder's right of recovery would then depend on a determination of the Act's validity. Id., at 322-323. The Court thus concluded that there was no justiciable question "unless and until [the patent owner] seeks recovery of the royalties, and then only if [the licensee] relies on the Act as a defense." Id., at 324. See also Public Serv. Comm'n of Utah v. Wycoff Co., 344 U. S. 237, 245-246 (1952).
As in Coffman, respondent here seeks a declaratory judgment as to the validity of a defense the State may, or may not, raise in a habeas proceeding. Such a suit does not merely allow the resolution of a "case or controversy" in an alternative format, as in Aetna Life Ins., supra, but rather attempts to gain a litigation advantage by obtaining an advance ruling on an affirmative defense, see Coffman, supra, at 322-324; Wycoff Co., supra, at 245-246. The "case or controversy" actually at stake is the class members' claims in their individual habeas proceedings. Any judgment in this action thus would not resolve the entire case or controversy as to any one of them, but would merely determine a collateral legal issue governing certain aspects of their pending or future suits.
The disruptive effects of an action such as this are peculiarly great when the underlying claim must be adjudicated in a federal habeas proceeding. For we have held that any claim by a prisoner attacking the validity or duration of his confinement must be brought under the habeas sections of Title 28 of the United States Code. Preiser v. Rodriguez, 411 U. S. 475, 500 (1973). As that opinion pointed out, this means that a state prisoner is required to exhaust state remedies before bringing his claim to a federal court. Id., at 489-491. But if respondent Ashmus is allowed to maintain the present action, he would obtain a declaration as to the applicable statute of limitations in a federal habeas action without ever having shown that he has exhausted state remedies. This aberration illustrates the need, emphasized in Coffman and Wycoff, to prevent federal court litigants from seeking by declaratory judgment to litigate a single issue in a dispute which must await another lawsuit for complete resolution.
If the class members file habeas petitions, and the State asserts Chapter 154, the members obviously can litigate California's compliance with Chapter 154 at that time. 3 Any risk associated with resolving the question in habeas, rather than a pre-emptive suit, is no different from risks associated with choices commonly faced by litigants.
When asked at oral argument what authority existed for allowing a declaratory judgment suit on an anticipated defense, respondent replied that Steffel v. Thompson, 415 U. S. 452 (1974), allows a declaratory judgment action to prevent interference with federal rights. See also Brief for Respondent 16. Although acknowledging that Steffel involved a continuing threat of arrest in violation of the First Amendment, respondent argued that the Court's decision did not distinguish types of threats. Here, according to respondent, the State's "threat" to assert Chapter 154 in habeas proceedings and the risk that the class members will thereby lose their rights to application of Chapter 153 are sufficient to establish federal court jurisdiction.
Steffel, however, falls within the traditional scope of declaratory judgment actions because it completely resolved a concrete controversy susceptible to conclusive judicial determination. In Steffel, protesters had twice been told they would be arrested for handbilling in front of a shopping center, and the plaintiff's companion had in fact been arrested after disregarding instructions to leave. Id., at 455-456. The imminent threat of state criminal prosecution and the consequent deterrence of the plaintiff's exercise of constitutionally protected rights established a case or controversy. Id., at 459. That controversy could have been completely resolved by the declaratory judgment sought by the plaintiff. Id., at 460-462.
The differences between this case and Steffel are several. Here, California's assertions on Chapter 154 have no coercive impact on the legal rights or obligations of eitherparty. It is the members of the class, and not the State, who anticipate filing lawsuits. Those habeas actions would challenge the validity of their state-court convictions and sentences; the State will oppose such challenges. The present declaratory judgment action would not completely resolve those challenges, but would simply carve out one issue in the dispute for separate adjudication.
We conclude that this action for a declaratory judgment and injunctive relief is not a justiciable case within the meaning of Article III. The judgment of the Court of Appeals accordingly is reversed, and the case is remanded with instructions that respondent's complaint be dismissed.
1 It is undisputed here that California is a unitary review State, which is a State that allows prisoners to raise collateral challenges in the course of direct review of the judgment, such that all claims may be raised in a single state appeal. See 28 U. S. C. A. �2265(a) (Supp. 1998).
2 While the Eleventh Amendment is jurisdictional in the sense that it is a limitation on the federal court's judicial power, and therefore can be raised at any stage of the proceedings, we have recognized that it is not co-extensive with the limitations on judicial power in Article III. See Idaho v. Coeur d'Alene Tribe of Idaho, 521 U. S. ___, ___ (1997); Patsy v. Board of Regents of Fla., 457 U. S. 496, 515, n. 19 (1982).
3 Respondent conceded this point in earlier briefings. Brief in Opposition 7. Respondent now contends, however, that habeas proceedings will not provide an effective remedy because the class members still will be put in the file-or-default dilemma and because a decision in one case will not relieve the other members of their continuing uncertainty. Brief for Respondent 35-36. But as explained, supra, at 6-7, the dilemma the class members face does not establish a case in the constitutional sense. And the inability to bind the government as to the whole class does not affect that determination.
JUSTICE BREYER, concurring, with whom JUSTICE SOUTER joins.
The Court says that "[respondents] can litigate California's compliance with Chapter 154" when they "file habeas petitions." Ante, at 7. In light of the Court of Appeals' concern, echoed by respondent class members, that without declaratory relief, they would be placed in an untenable remedial "dilemma," Brief for Respondent 16-17, 35-37; 123 F. 3d 1199, 1205 (CA9 1997), I would add that it should prove possible for at least some habeas petitioners to obtain a relatively expeditious judicial answer to the Chapter 154 compliance question and thereby provide legal guidance for others. That is because, in at least some cases, whether a petitioner can or cannot amend, say, a "bare bones" habeas petition (filed within 180 days) will likely depend upon whether California does, or does not, qualify as an "opt-in" State. Compare 28 U. S. C. �2242 (ordinary amendment rules); �2254 Rule 11 (rules of civil procedure applicable to federal habeas petitions); 1 J. Liebman & R. Hertz, Federal Habeas Corpus Practice and Procedure �17.2 (2d ed. 1994 and Supp. 1997) (Federal Rule of Civil Procedure 15's liberal standard for amendment applies to habeas petitions in States not eligible for Chapter 154) with 28 U. S. C. A. �2266(b)(3)(B) (Supp.1998) (setting forth strict standard for amendment applicable where State falls within Chapter 154). And a district court's determination that turned on the legal answer to that question might well qualify for interlocutory appeal. See 28 U. S. C. �1292(b) (permitting certification, and hence interlocutory appeal, of certain district court determinations). With this understanding, I join the Court's opinion.


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Retail asset fetches $6.3 million in Melbourne's East
An Armadale retail asset has sold for $6.3 million to a local developer, highlighting the ongoing demand for premium opportunities in Melbourne's blue-chip eastern suburbs.
Savills Australia's Nick Peden, Clinton Baxter and Jesse Radisich brokered the deal for 929-933 High Street, Armadale, achieving a land rate of $7,701 per sqm and a tight yield of 1.32 percent.
"The sale was transacted on a very tight yield of 1.32% and a land rate of almost $8,000 per sqm, which highlights the current push from buyers to secure prime properties within Melbourne's most premium suburbs," Mr Peden said.
Despite concerns involving the heritage elements of the site, Mr Peden said the Savills Melbourne team were able to secure an "outstanding" result.
"More than 110 parties were registered throughout the campaign and this transaction follows on from our recent sale of 941-951 High Street, Armadale, which sold for $7 million," he said.
The property is currently leased to two retail tenants with renewal options until at least 2023, and returns a total of $83,280 per annum.
"This sale represents the Savills Melbourne team's 55th Melbourne development site sale of 2018 and cements Savills Melbourne as the clear market leader in the sale of Melbourne development sites," Mr Peden said.
Learn more about Savills Retail Investments.
Nick Peden
CBD and Metropolitan Sales
Melbourne (150 Collins Street)
Clinton Baxter
State Director - VIC

redpajama_set_name: RedPajamaCommonCrawl


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In past times and todays time many people lie to save themselves from trouble in and out side of a court room. That trouble could be jail time, community service or even death. It is the same as how the children in The Crucible were doing to keep themselves from reveling that they were lying the whole time about how they were being controlled by the devil. And Abigail Williams was lying to get John Proctors Wife, Goodie Proctor, hung because she wanted John Proctor to be in love with her and not his own wife. A study has been shown that there are six reason why people lie and one of those reasons is they want what they are lying about to come true. Another reason is the lie snowball. Someone tells a lie and then they have to keep covering up that lie and it eventually keeps carrying on until that person is just has to keep lying to keep themselves out of trouble. These reasons are key to why people try and lie and keep themselves out of trouble. And These reasons relate to the girls in the crucible. Also a way that you can tell that that person is lying to keep themselves out of trouble is by using negative tones. They use negative tones because they feel guilty boy the lie. This relates to when Abigail Williams attacked Judge Thomas saying that he too can be controlled by the devil. I can also relate to this because i have done it as well to keep myself out of trouble with my parents as well as the other two reasons above. All of these reason reminds me of the play because all of the reason were why the children and Abigail Williams were lying.
There are so many people around the world that use these reasons to lie to keep themselves safe and not in trouble in and out of the court room. I can truly say that my question has been answered relating to the crucible and also relating to real world.
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U.S. MAJORS REPORT IN LINE WITH EXPECTATIONS
25 Oct 06. The Boeing Company (NYSE: BA – News) today reported third quarter net earnings of $694m, or $0.89 per share, compared with $1,011m, or $1.26 per share, a year ago
Special items that affected core operating results include the previously disclosed $0.22 per share charge this quarter to exit the Connexion business, and benefits totaling $0.93 per share a year ago for tax settlements and asset sales. Adjusting for these items, third-quarter adjusted earnings per share was $1.11 compared to $0.33 for the same period last year. The year-ago figure was not adjusted for the impact of a labor strike, which reduced earnings in that period by an estimated $0.25 to $0.30 per share.
Revenue for the quarter rose 19 percent to $14.7bn (2005: $12.4bn). Boeing updated its earnings per share guidance for 2006 to between $2.40 and $2.50 per share, which reflects the termination charges for Connexion offset by better performance across Boeing's businesses. Boeing increased its 2007 EPS guidance by $0.20 per share to between $4.45 and $4.65, reflecting the discontinuance of its Connexion investment, contributions from the Aviall acquisition and additional performance improvements.
Revenue guidance for 2007 is increased to between $65.5bn and $66.0 billion driven by additional services revenue from Aviall.
"Our strong performance during the third quarter and our growth outlook for 2007 underscore what Boeing can accomplish by an unwavering focus on execution and meeting our commitments," said Boeing Chairman, President and Chief Executive Officer Jim McNerney. "As we continue to drive our growth and productivity efforts, we aim to achieve a new level of consistently strong financial performance."
Third-quarter operating cash flow was $0.6bn driven by strong business performance, partially offset by a $615m payment for the previously announced settlement with the U.S. Department of Justice. For the first nine months of 2006, operating cash flow was $5.1bn, and free cash flow* was $4.0bn driven by strong operating and working capital performance.
Boeing's backlog at quarter-end grew to a record $229bn, up 4 percent from the end of the second quarter and 12 percent for the first nine months of 2006, reflecting strong orders for Boeing's commercial airplane products.
Cash and investments in marketable securities totaled $8.2bn at the end of the third quarter, down from $10.6bn at the end of the second quarter. Principal uses of cash during the quarter included the purchase of Aviall Inc. for $2.2bn (including debt), the previously mentioned legal settlement, share repurchases and planned investment increases in Boeing's core businesses. In August, Boeing's board of directors authorized a new share repurchase program for up to $3bn of common stock. The company repurchased 8.0 million shares for $627m during the quarter and 19.8 million shares for $1.6bn during the first nine months of the year. This leaves $2.8bn available under the current repurchase authorization. The company contributed $513m to its pension plans during the first nine months of the year. Total consolidated debt decreased during the quarter to $10.1bn due to the cancellation of capital leases associated with Connexion.
Integrated Defense Systems
Boeing Integrated Defense Systems (IDS) revenues increased 4 percent during the quarter to $7.8bn on higher Precision Engagement & Mobility Systems and Support Systems volume. Operating margins were 11.3 percent, compared to 17.6 percent in the same quarter last year when IDS benefited from a $569m gain from selling Rocketdyne. Without that gain, adjusted IDS operating margins for the year-ago quarter would have been 9.9 percent. For the first nine months of 2006, IDS revenues were $22.8bn. Operating margins were 8.8 percent and were reduced by 2.2 points due to the $496 million charge taken in the second quarter for an international airborne early warning and con
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< > • Effective - 01 Jul 1989, see footnote
144.012. Sales of tangible property to vending machine owners or operators deemed a sale at retail subject to certain sales tax, exceptions. — 1. Notwithstanding any other provision of law to the contrary, any sale of tangible personal property, other than photocopies, cigarettes, cigars, or other tobacco-related products, by a vendor through a vending machine located in the state of Missouri shall be deemed a sale at retail occurring at the location of the vending machine through which the tangible personal property is sold. Such sale by the vendor shall be subject to the provisions of sections 66.600 to 66.635, sections 67.500 to 67.545, 67.547, 67.548, 67.550 to 67.580, 67.581, 67.582, 67.590 to 67.596, 67.671 to 67.685, 67.700 to 67.729, 67.730 to 67.739, 67.782, sections 92.400 to 92.420, sections 94.500 to 94.570, 94.577, 94.600 to 94.655, 94.700 to 94.755, sections 144.010 to 144.510, and 144.600 to 144.745. For the purpose of transactions covered under this section, "gross receipts" means the net invoice price of the property vended during the reporting period multiplied by one hundred thirty-five percent. All local sales taxes shall be based on the location of the vending machines from which the tangible personal property is sold.
2. The taxes required by the sections listed in subsection 1 of this section are to be reported directly to the director of revenue and remitted by the vendor selling tangible personal property.
3. For purposes of this section, the following terms mean:
(1) "Net invoice price", the cost of the products, including freight, less any timely payment discounts, with no allowance for spoilage or loss;
(2) "Vending machine", a coin or currency operated device which is used to sell tangible personal property without requiring the vendor's physical attention at the time of sale;
(3) "Vendor", the person who owns the tangible personal property sold in the vending machine.
4. In addition to the exemptions granted under the provisions of section 144.030, there is hereby specifically exempted from the provisions of sections 66.600 to 66.635, sections 67.500 to 67.545, 67.547, 67.548, 67.550 to 67.580, 67.581, 67.582, 67.590 to 67.596, 67.671 to 67.685, 67.700 to 67.729, 67.730 to 67.739, 67.782, sections 92.400 to 92.420, sections 94.500 to 94.570, 94.577, 94.600 to 94.655, 94.700 to 94.755, sections 144.010 to 144.510, and 144.600 to 144.745, and from computation of the tax levied, assessed or payable under sections 66.600 to 66.635, sections 67.500 to 67.545, 67.547, 67.548, 67.550 to 67.580, 67.581, 67.582, 67.590 to 67.596, 67.671 to 67.685, 67.700 to 67.729, 67.730 to 67.739, 67.782, sections 92.400 to 92.420, sections 94.500 to 94.570, 94.577, 94.600 to 94.655, 94.700 to 94.755, sections 144.010 to 144.510, and 144.600 to 144.745, all sales by a vendor of tangible personal property from vending machines located on the premises of any organization, institution or school whose sales are exempt under subdivision (19) of subsection 2 of section 144.030.
(L. 1988 H.B. 1400, A.L. 1989 H.B. 35, et al.)
Effective 7-1-89
---- end of effective 01 Jul 1989 ----


text:
THE LIES I TOLD
Also by Karen Rose:
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Cold-Blooded Liar, July 2023
Cold-Blooded Liar, March 2023
Quarter to Midnight, August 2022
Say Goodbye, February 2022
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Say No More, February 2021
Say No More, August 2020
Into the Dark, December 2019
Say You're Sorry, August 2019
Say You're Sorry, February 2019
Death Is Not Enough, October 2018
Edge of Darkness, February 2018
Monster in the Closet, September 2017
Every Dark Corner, February 2017
Alone in the Dark, February 2016
Closer Than You Think, February 2015
Dirty Secrets, February 2014
e-Book (reprint)
Watch Your Back, February 2014
Broken Silence, October 2013
Did You Miss Me?, February 2013
No One Left To Tell, June 2012
You Belong To Me, June 2011
Silent Scream, June 2010
I Can See You, May 2010
I Can See You, August 2009
Kill For Me, July 2009
Kill for Me, February 2009
Scream For Me, January 2009
Scream For Me, May 2008
Count to Ten, May 2008
Die for Me, September 2007
Don't Tell, December 2006
You Can't Hide, April 2006
Hot Pursuit, December 2005
Nothing to Fear, August 2005
I'm Watching You, October 2004
Have You Seen Her?, February 2004
Don't Tell, July 2003
No One Left To Tell
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Romance Suspense
A woman is dead and her fiance is serving a life sentence for a murder he didn't commit. Now PI Paige Holden holds the only piece of evidence that could see him freed, and she cannot take it to the police. With the help of disarming state attorney Grayson Smith, Paige is determined to avenge the murdered woman and set an innocent man free. But Paige has only scratched the surface of a cover-up far deadlier than she could ever imagine. A string of mysterious deaths of women with a shared past sets Paige on the trail of a ruthless killer. The problem is, the killer's on her trail too.


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In addition to medical applications, syringes are useful for measuring and mixing small amounts of paint, touching up scratches and applying paint to small, hard-to-reach areas. After filling a syringe with paint or another liquid, you should prime the syringe. Priming a syringe takes only a few seconds and removes air bubbles in the liquid for consistent paint application and accurate measuring.
Fill the syringe with the medium of your choice.
Hold the syringe with the tip up so air bubbles rise to the top.
Gently depress the syringe's plunger to release the air into a small cup.
Continue depressing the plunger until a small amount of the liquid medium comes out. You may now use the plunger to apply a consistent stream of paint.


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From the editor's notebook …
Saturday was one of those days that make college football so enjoyable.
The fun actually started on Friday night, when Marcus Mariota got some of his swag back, leading Oregon to a game-winning touchdown with 29 seconds left to beat Oregon State. (And while we have been a proponent of the Browns exploring a chrome orange helmet, we may have to reassess our position after seeing Oregon State's helmets. Although they may just have had too much red in them.)
That was just a prelude to Saturday, when the game of the year took place between Alabama and Auburn. The Tigers took down the defending champs in the most improbable way possible (and aided a bit by Alabama coach Nick Saban's hubris), as Auburn's Chris Davis returned a missed 57-yard field goal the entire length of the field for the game-winning score on the final play of the game.
It's a bit surprising that Saban called on freshman kicker Adam Griffith to try and win the game rather than let quarterback AJ McCarron try to win the game on a Hail Mary attempt. McCarron had already thrown for three touchdown passes – including a 99-yard touchdown pass to Amari Cooper, confirming that McCarron has the biggest balls in college football.
Alabama's loss opened the door for Ohio State, which befitting the Big Ten's status as the junior varsity to the SEC's varsity, played Michigan earlier in the day. In a surprisingly entertaining game, the Buckeyes survived as Michigan missed on a two-point conversion with 30 seconds to go.
Ohio State won despite allowing 20 fourth-quarter points and more than 600 yards of offense to a Michigan team that came into the game as the 99th-ranked offense in college football, and came within one play of losing to Akron of all teams earlier in the year. It was also the sixth time this season that Ohio State gave up more than 21 points in a game.
But according to our timeline on Twitter, none of those shortcomings matter because it was a "rivalry game." Someone needs to let Browns head coach Rob Chudzinski know about that strategy for the next time the Browns lose to Pittsburgh. That way, Chudzinski can just answer every post-game question by saying, "hey, rivalry game."
The Buckeyes entered Saturday hoping that either Florida would do a solid for the former coach that quit on them and beat Florida State, or that Auburn would take down Alabama. The former didn't happen – the Seminoles rolled to another win – but the latter did and now things get interesting.
When the latest BCS standings are released tonight, Florida State should be an easy No. 1 with a comfortable margin over Ohio State at No. 2. Where the intrigue lies is how tight the gap will be between the Buckeyes and Auburn at No. 3.
If it is close enough, it is conceivable that the Tigers could pass Ohio State after their respective conference championship games next weekend. Ohio State will face a Michigan State team that inspires no one, while Auburn will take on Missouri, who could come into the game at No. 4 in the BCS standings.
Auburn carries with it the cache of the SEC – a conference that has produced the national champion for seven consecutive years – while Ohio State carries one national title in the past 43 years. If Auburn takes care of Missouri a week after taking down the Crimson Tide, while Ohio State has a close win against the Spartans, it could be enough to sway the minds of voters.
This weekend reinforced the advantage that college football has over college basketball, where top teams can lose during the regular season without repercussion because they know they will still receive an invitation to the tournament come March.
There is no such luxury for teams like Alabama, Florida State and Ohio State, who know that one slip up can cost them everything. As nice as it will be to finally have a playoff in college football next season, the playoff will take a little bit of the edge off the regular season.
As exciting as this weekend was, in the end it set up would should be an even bigger weekend of games come Saturday.
A rough day for Liverpool
It was one of those days for Liverpool on Sunday.
The day started out with the news that forward Daniel Sturridge, who has 11 goals in 14 matches this season, will be lost for up two months with an ankle injury.
Things only got worse when the Reds took the field against Hull City, who entered the match losers of four of their past five, including a loss to bottom-of-the-table Crystal Palace.
But 90 minutes later, Liverpool left the pitch on the wrong side of a 3-1 defeat, the first time they have ever lost to Hull City. In the process, Liverpool lost more ground to Arsenal, which now sits seven points clear at the top of the Premier League table.
It's one thing to walk away with a draw against Everton in last week's derby – rivalry game, you know – but it's another to drop points against Hull City.
Liverpool has only taken four points in their last four matches and now have to deal with the loss of Sturridge, who has been a solid compliment to Luis Suarez as a goal-scoring option. The fear here is that, without Sturridge to help carry some of the load, Suarez will try to do too much and that will lead him to become frustrated and start doing Luis Suarez things, which is not good.
With six games coming up this month – including matches with Manchester City and Chelsea – Liverpool manager Brendan Rodgers needs to come up with some options in a hurry.
Who is going to be in the Tribe's bullpen?
It kind of went by quietly, but reliever Joe Smith signed a contract with the Angels this week, creating another hole for the Indians to fill in the bullpen.
The Tribe was already in the market for a closer after releasing Chris Perez a few weeks back, and now they need to find a replacement for the reliable Smith, who spent five mostly solid years in Cleveland. The Angels gave Smith a three-year deal with the Tribe was reportedly only willing to go two years on a contract.
It will be interesting to see what the Tribe does to fill the vacancies. One option is Vinnie Pestano, but who knows if his 2013 performance was just one of those years or the start of something worse. If it turns out that Pestano can't return to his 2012 form, that would present another problem.
It's a little surprising the Indians wouldn't (or couldn't) give that third year to Smith. With so many questions already surrounding the bullpen for 2104, it seems like giving manager Terry Francona at least one reliable arm would have been worth an extra couple of bucks.
(Photos courtesy of The Associated Press and Getty Images)
Posted in Cleveland Indians, Liverpool, Ohio State and tagged Cleveland Indians, Liverpool, Ohio State


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Guide to Know Everything Important About Best IVF Clinics in Mexico
IVF treatment seems to be the best way to achieve pregnancy in case you are facing hardships in getting pregnant. It is really a difficult phase for a couple to be childless and being unable to conceive. It can be sometimes a real struggle for some couples to have their own biological baby. There are various affordable and best IVF clinics in Mexico that has been working for all this childless couples to become successful parents of their own genetically connected children.
How to Find the Best IVF Clinic in Mexico?
IVF procedure in Mexico has gained popularity all over the world. International intended couples visit the city to avail services at the best IVF clinic in Mexico. As a matter of fact, IVF is a comprehensive procedure and involves repeated cycles, in case there is no initial success. Hence, it is very important for an intended couple to research a lot before registering for any IVF program in any of the clinics in Mexico. IVF requires a lot of documentation and legislation that required to be executed by a lawfully operated IVF clinic. Therefore, we emphasize more on the authenticity and experience of an IVF clinic before recommending any to our patient.
What Is the Cost of IVF Program in Mexico?
The average cost of IVF program in Mexico is $5,960. However, there is a lot of section involved in an IVF program. IVF cycles sometimes required sperm or egg donation. Many IVF cycles use cryopreserved eggs or embryos so the procedure. The cost of an IVF program also depends on the number of cycles that it has been executed on a couple. It is important for you to discuss with your IVF consultant about the help and support you require in your IVF program. This will help you to have a correct estimation of cost related to your if procedure.
What Does IVF Program Packages in Mexico Include?
IVF procedure in Mexico has several sections involved in it. Couples undergoing infertility treatment are provided with design course of action related to the problems they are suffering with. Couples facing the problem of infertile sperm may go for sperm donation. Similarly, there are provisions for egg or embryo donation. There are available options for choosing cryopreserved egg sperm or embryos to reduce a prolonged IVF cycle. IVF packages in Mexico include everything that is childless couple required in their fertility treatment. Many IVF centers conduct such procedures under medical tourism and include accommodation and travel into the package.
How to Find A Dependable IVF Doctor in Mexico?
IVF is a prologue procedure and involves a lot of homework to be done by and infertile couples. There are obviously a lot of IVF doctors in Mexico that you might find over the internet. The selection, however, depends, on you. You must set your priorities before going for any IVF program in Mexico. You must have a look at the special requirements that you are looking for in your IVF program. This will help you shortlist from the countless IVF Agencies working in Mexico.
Reviews and Testimonials on IVF Clinics in Mexico
It is very important for an infertile couple to check the reviews and testimonials on IVF clinics in Mexico that you have shortlisted. You will get a lot of them on their website who are successful parents have written about their experiences in the training. Help you to set your questions as you consult a physician over there. You can be in a better position to take any decision based on the former patient experiences.
What Are the Questions to Be Asked to An IVF Consultant Before Enrolling for Any Program?
The question-answer session within IVF consultant is one of the major phases for an infertile couple. Since and IVF program involved a lot of money, important for any couple to ask as many as question possible before enrolling for 1. The most popular questions asked are:
What are the possibilities of conceiving?
How many trials might be required for a successful pregnancy?
Does my program require any donation procedure?
What are the complications that I might face due to the hormonal changes in my body?
How is the legal documentation be dealt with?
Introduction of IVF procedure has bought ray of hope in many childless couple's life. Mexico has become one of the popular medical facilities availed by international intended couples. Various IVF clinics are operating in Mexico to provide with the best IVF services to infertile couples Around the World. Places we assist you in finding the best IVF clinic in Mexico and evaluate all the available options before coming to any decision.
by: PlacidWay
IUI versus IVF Procedure | What is the Difference?
Learn About IVF with Egg Donation Treatment in Cancun, Mexico
Best Treatment Solution for IVF/ICSI in Cancun, Mexico
Dr. Ernesto Javier Acosta Abeyta, Merida, Mexico
Dr. Ernesto Javier Acosta Abeyta is located in Merida, Mexico, and offers numerous Cosmetic and Plastic procedures, such as breast implants, breast lift, tummy tuck, liposuction, liposculpture, buttock augmentation, buttock lift, nose surgery (rhinoplasty), facelift, eye surgery (blepharoplasty) chin contouring, chin implant, lip implant, neck lift, and many more. Offering pocket-friendly costs and featuring the latest technology and a renowned team of medical specialists, Dr. Ernesto Javier Acosta Abeyta welcomes both international and local patients.
IREGA IVF Cancun, Cancun, Mexico
We are a group of fertility professionals, which makes synergy with Galenia Hospital in Cancun, unique in its physical and human infrastructure, with a long tradition of dedication, humility, and team philosophy, aimed at the care of patients.
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ProVida Clinic is a private high-level health organization which offers stem cell treatment and regenerative medicine. We have developed integral treatments with brand new equipment and the most advanced medical technology. Our medical team is highly prepared to provide an excellent experience based on professionalism and honesty affordable for everyone. "Quality life for everyone" Our mission is share as much health as possible, help as many patients as possible to recover their lifestyle. ProVida Clinic has a partnership whit the biggest Stem Cell Laboratory all around Latin America, more than 18 years of experience and pioneers on regenerative medicine development.
Dental Brush Tijuana, Tijuana, Mexico
Dental Brush located in Tijuana, Mexico provides the latest dental treatment Dental Crowns, Dentures, Tooth Extractions, Dental Implants, Traditional and Cosmetic Braces, Dental Bonding, Teeth Whitening, Child Dentistry, and many more. The unit provides comfortable and precise dental treatment with updated vision and equipment.
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My father, his father and proud eons of bog-Irish fathers before them believed fiercely in the great divide between women's work and the other sort. I don't recall the phrase ''men's work'' figuring too heavily.
Women's work, though, was clear. It covered everything routine, repetitive and mind-numbing, everything that didn't actually get you anywhere - feeding, weeding, sewing, hoeing, scrubbing, tubbing, bubbing.
The implication was that men designed the world, made it, polished it to a fine sheen, then passed it back to women for the box-ticking and paperwork. In contemporary politics, this translates as an expectation that men do the vision thing while women focus on management and social policy. Nice and mothery.
But Sydney's past two decades belies it. I wish my Guinness-sozzled forebears could see how the lord mayor, Clover Moore, ably assisted by Monica Barone, chief executive, has thrust right through the "there, there" phase of her early tenure to stalk and caulk the city decisively according to her vision.
It's quite a vision, Sydney 2030; clean, green and gorgeous. But, of course - call us cynical - we world-weary Sydneysiders expected it, like most visions, to prove largely hallucinatory, barely worth the recycled paper of its printing.
Au contraire, m'dear. Clover is nobody's puppet, and she is making it happen.
In 20 years, Sydney has enjoyed three lord mayors; Frank Sartor for 12, Lucy Turnbull for one, Clover Moore for seven. Leaving aside the usual stuff about personality and management style (or its absence), and given that a year is too short for anything more than sandbagging, how, in legacy terms, do Sartor and Moore compare?
Sartor made a point of cultivating an image as a just do it kinda guy. His new memoir, The Fog on the Hill, says "I was lord mayor . . . during the successful Sydney Olympics", as though there was even a single venue in his territory.
He claims "dozens" of major projects. There's even the odd well-lunched journo to support the claim. But, when you actually count, the significant ones are few. There's Customs House; the gloomy underground pool at Cook and Phillip Park (hostile square above); the Angel Place Recital Hall; the Andrew (Boy) Charlton Pool refurb; Martin Place; horrid little Wynyard Park; community centres in Ultimo and The Rocks; and the granite footpaths on George.
Most of these were conceived in the first of Sartor's three mayoral terms. After that, in true Olympic fashion, his priorities drifted to flowers, parties and other ephemerals; in particular the massive NYE fireworks blowout that, even now, he singles out for self-praise.
"A complex interaction of the two levels of government and various authorities," is how he puts it, but "partay partay parTAY!" might be just as accurate.
Looking back, you'd wonder whether that gentle segue into sound and sparks wasn't a harbinger of Sartor's own imminent slippage into the NSW Labor partay, which gradually perfected this art of sending millions of dollars up in smoke.
Clover has had twice the budget, but spread over four times the area, and little more than half the time. Yet already she has outbuilt Sartor and outdesigned him, too.
Clover's works include several world-class buildings. Harry Seidler's Ian Thorpe Aquatic Centre, one of Sydney's finest rooms (notwithstanding change areas forcing you to rub bottoms with your neighbour, giving a new slant to community relations).
FJMT's Surry Hills Library, over which this column has slobbered shamelessly on earlier occasions. TZG's enchanting Paddington Reservoir Gardens, which so impressed the New York City urban designer Jeff Shumaker he couldn't stop telling Phillip Adams about it.
There's also BVN's very fine work at Redfern Park (which Labor wanted to hand to Souths for commercial development); Lacoste+Stevenson's new Rushcutters Bay grandstand and kiosk; Hill Thalis's lovely Pirrama Park in Pyrmont; and the remarkable makeover of Prince Alfred Park at Central, with its earth-sheltered pool by Rachel Neeson and the late, greatly talented Nick Murcutt.
It's all, bit by bit, enriching our urban world. There's also the Burton Street Tabernacle, about to become the new Tabernacle Theatre, and any number of parks throughout Glebe, Pyrmont, Surry Hills, Rosebery, Elizabeth Bay and St Peters.
Add to this the cycleways, which are both brilliant to use and graphically pleasing, and you have quite a legacy. Naturally, each election, her majority increases. Not bad, for a girl.
Ironically, this very success could prove Clover's undoing.
Barry O'Farrell has vowed to legislate so that she and others can't "double dip". The city, though, is a special case. Clover's duties as lord mayor and MP for Sydney make a natural (and traditional) fit. And, although O'Farrell whinges when Clover takes a few days off, she has introduced no fewer than 12 private member's bills - most of them successful - in 23 years.
And all that without party dollars, votes or back-up. However you cut it, Clover is just very good at staying on track and getting stuff done.
So, having done all the easy stuff, what should Clover do next? My view is this. There's one glaring move that would do more to transform Sydney's next century than any other single project. It's huge, it's daring - and any European city with this opportunity would have done it decades back.
It's this. Build over the tracks behind Central. All the way from Redfern Station to about Rutland Street, you could heal the great wound. Not only would this ease the appalling uptown traffic glut, it'd let us expand the park, connect the streets (stroll from Bourke Street Bakery to the White Rabbit in a few pleasant minutes) and still leave a development site twice the size of Broadway's Central Park.
See it as high density, ultra chic, fine grained, high design, zero carbon and autonomous in energy, water and waste. The difficulty, which is considerable, is less technical than political. That demands serious leadership; serious moral bacon. If anyone in this town can bring it home, it's that chick Clover.


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Home World Haiti requests foreign troops after President's assassination – what is the response...
Haiti requests foreign troops after President's assassination – what is the response of the US and the United Nations?
Morton Shillingford
President Joe Biden's senior government official said the US government "at this time" has no plans to provide military aid to Haiti, hours after it was learned that Port-au-Prince had asked Washington to deploy security forces. was asked to Importance.
Approval of a UN troop deployment, which was also requested by Haiti's caretaker government after the assassination of President Jouvenel Moyes, would require the approval of the 15-member Security Council.
A letter to the United Nations on 7 July, the day of the expulsion of the Haitian president, stated that the blue helmet would be intended to "support the efforts" of the police to "restore security and public order throughout the country".
Matthias Pierre, the minister in charge of electoral affairs, told AFP yesterday that "we fear that the mercenaries may destroy the infrastructure to create chaos in the country", confirming that there was "contact with the US Secretary of State". During this, a request was made to send troops. and the United Nations".
However, a diplomatic source told the Russian news agency RIA Novosti, when asked about Port-au-Prince's request for a military force, that the UN Security Council would avoid any meeting dedicated to Haiti, at least for the time being. has not been determined. .
"The SA for Haiti is not going to meet again," the source said.
Earlier, the services of UN Secretary-General Antonio Guterres confirmed that Haiti's request had been received and said it was being considered.
However, "the sending of troops under any circumstances is a matter for the SA to decide," according to Mr Guterres.
See also Bernie Madoff died in prison
Source: -ΜΠΕ, Reuters, AFP, Sputnik
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MoCee Day Spa specializes in combining the best of Eastern and Western massage techniques. You can expect professional quality services from our licensed and certified massage therapists, many of whom developed their skills in Asia. We offer the genuine experience of Eastern massage with the friendly service and welcoming atmosphere you want and expect.
An appointment is preferable, especially if requesting a certain time or therapist. We do accept walk-ins, as available. Demand for appointments can be expected to be high on weekends and around holidays. For your greater convenience you can also register online before you arrive.
3. How early should I check in for my scheduled appointment?
We recommend check-in at least 10 minutes prior to your appointment. This will allow you enough time to register, change your clothing and relax for a few minutes before your spa treatment begins.
4. Where will I keep my personal items?
Our treatment rooms allow space for changing clothes. If you should need to leave the room for any reason, you can inform the counter.
5. How should I dress for my treatment?
Many clients prefer to remove all clothing. A sheet or towel will be used to drape the body, exposing only the part of the body that is being worked on. However, your comfort is paramount; if you wish to wear underwear, it's okay!
6. What is your gratuity policy?
Gratuities are not included in our prices, but they can be paid in cash or added onto charge cards. We are often asked about the appropriate gratuity. If your service reached your expectations, you might use 15% to 20% as a benchmark.
7. What are your payment policies?
Appointments must be reserve with a credit card or gift card number. Payment may be made in advance or at the time of service. We accept cash and all major credit cards for services and for gratuities.
8. Can I request a particular therapist?
Yes. Some clients may prefer a particular therapist's style. Other clients may want to try the styles of different therapists. If you have a preference, please let us know.
9. Can I tell my massage therapist how much intensity I would like?
Yes. And we encourage you to do so. Your comfort and satisfaction are the most important to us. Even regular customers may have some days that you want strong pressure but another day you may want just a gentle massage. And please feel free to inform your massage therapist at any point if you have any discomfort or would prefer a more vigorous massage so he/she may adjust accordingly.
We know that emergencies come up, but we ask that you give us 24 hours' notice of any changes or cancellations. If less than 24 hour's notice is given, we charge half of the rate for the service scheduled. For no shows, we charge the entire rate for the service scheduled.
For groups of three to five and all packages there is a 48 hour cancellation policy, and for groups of six or more, the cancellation policy is at least one week. Our event coordinators will review policies with you.
11. What if I am late for my appointment?
12. What if I have special health conditions?
MoCee Day Spa thanks you for your patronage and hopes that your visit was amazing.
We've answered some FAQs below, but if you have others, don't hesitate to call or email us.


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Audio Advent 2021 Day 2: My top ten Celtic folk songs that you should listen to
Corin Nelson-Smith Dec 02, 2021
Although I enjoy listening to all sorts of genres of music, and have performed even more than I enjoy listening to (I'm talking about you, Mr Cage…), as my previous writings probably give away, my real passion lies in folk music. There are photos of me enjoying the summer folk festival circuit before I could even walk, and falling asleep in bundles of coats while the music played on, so I was really brought up on folk and world music before discovering any other genres, and I suspect that's why I've always had a love for it.
In this article I will share my top 10 folk songs, in no meaningful order, that I think you should listen to, and explain why I have chosen each one. It hasn't been easy singling out just 10, but I hope you give a few of them a listen and enjoy them as much as I do!
1) Cousin Jack - Show of Hands
Show of Hands, as well as being one of the most well known folk groups in the world, is one of the bands I have the earliest memories of seeing live, so they have always had a special place in my heart. This track in particular I remember my baby sister mixing up the lyrics for so I have chosen it almost purely for sentimental reasons. Luckily it also happens to be a great song with a great chorus, and does make you think about the effect of second home owners on Cornish working villages.
2) Pige Ruadh - Capercaillie
Capercaillie have always been my favourite band, having seen them live younger than I can remember, and then often listening to their music to alleviate the boredom of long childhood car journeys. They're a fascinating band for many reasons, including their - at the time - revolutionary use of electronic effects in their music, creating some of the first examples of Celtic fusion music. This track, Pige Ruadh, is unfortunately only available on YouTube or on their live recording album 'Get Out' that has sadly been out of production for some years, but is one of my favourites of all time. It features a great example of Puirt à beul, or Celtic mouth music, a technique whereby often nonsense lyrics are set to traditional Celtic tunes to mimic or even replace physical instruments. Some say that this technique originated during the Disarming Act and Act of Proscription in 1746 when musical instruments were said to have been banned, however there is no written evidence of this. If you listen carefully, the lyrics, which translate as 'I found the red jug, I found the red jug, I found the red jug, in the henhouse' are sung with such precise, short rhythms, and if you were to play just the notes on a violin or accordion for example, you would hear a recognisable folk jig.
3) New York Girls - Bellowhead
Bellowhead are another firm favourite of mine, and one of the few folk bands well known outside of the Celtic music world, with music played on BBC Radio 2 and 3, recording at Abbey Road Studios, and a period as Artists in Residence at the Southbank Centre. What attracts me to them more than anything else is their completely unique instrumentation, with percussion galore and a four person brass section including the indomitable Sousaphone. They're a force to be reckoned with on stage, and although they officially parted ways in May 2016, they are reuniting for a Broadside 10th anniversary tour in November 2022 which I am indescribably excited about! New York Girls is probably Bellowhead's most famous track, and apart from the chuckle-worthy cautionary tale about relations with quayside harlots, it is also a brilliantly catchy tune with funky syncopation, and a chorus that you can sign along to in the car.
4) Raging Sea - The Elders
The Elders, a six piece Irish folk band based in Kansas City, Missouri, are best known in the American-Irish folk world, having had their songs played on over 120 US radio stations, but have also toured Ireland and Europe, and produced a number of albums enjoyed around the world. This song, Raging Sea, I only discovered recently, but the irresistibly catchy tune means if I haven't been listening to it deliberately, I've more than likely got it stuck in my head! Listen to this one if you're unafraid of an ear worm…
5) Mrs MacLeod of Raasay - Alasdair MacCuish & The Black Rose Ceilidh Band
I have chosen this as a classic, jolly Celilidh reel, that's great fun to listen to, great fun to dance to, and great fun to play on the accordion. As a part time amateur accordionist myself, I discovered this tune in a book of sheet music, and thought it was a delight to play, as well as having some slightly trickier harmonic sequences than I had previously attempted on the accordion. For those of you who don't know, the harmony on an accordion is provided by a selection of buttons on the left hand side of the bellows that are laid out in the circle of fifths, so the more the harmony strays from this, the further apart your fingers have to jump to reach the chords!
6) Dystopia - Talisk
Talisk were a relatively unknown Scottish folk trio until they won the BBC Radio 2 Young Folk Award in 2015, followed by the MC Alba Scots Trad Music Award "Folk Band of the Year" in 2017. Rising to fame so quickly has certainly not come at the detriment of their music making, as their purely instrumental tracks fusing electronics with Scottish and Irish tunes have racked up millions of streams worldwide. What I like most about them however, is their incredible stage presence live. Their energy is infectious, Mohsen Amini's virtuosic concertina playing is utterly captivating, and the powerful driving beat that accompanies most pieces makes them the leader in Folk Festival dance music. They are certainly a band best seen live.
Flashing lights warning!
7) The Magnificent Seven - Afro Celt Sound System
Formed in 1995 by Simon Emmerson, ACSS have been writing, performing and recording a fascinating mixture of electronic music, Gaelic music and West African music. Although all of their music is worth listening to, and in fact one is used as a study piece in the Edexcell GCSE music syllabus, I have chosen this track in particular because they are joined by The Dhol Foundation, a London based Dhol group lead by Johnny Kalsi. They too are an interesting fusion group, blending traditional Punjab bhangra music with electronic dance beats. So in total, this track blends Gaelic, West African, Northern Indian, electronic and dance styles of music. That's a lot of fusion!
8) Gone to Fortingall/Wired to the Moon - Micheal McGoldrick and Jerry Douglas
This is a track that I discovered while listening to the Transatlantic Sessions 6 album, and instantly fell in love with it. Micheal McGoldrick is a multi-instrumentalist and composer known particularly for his Irish flute and Uilleann pipes playing, as well as being one of the founding members of Capercaillie. This fusion of two pieces is beautiful, and the resonator guitar played by Jerry Douglass weaving gracefully in and out of the folk melody shows superb musicianship. Listen out for his solo in the middle of the piece - something not often heard in folk tunes!
9) Sporting Paddy - Session A9
I have chosen this for no other reason than that, out of the innumerable and often similar ones to choose from, it has long been my favourite folk reel. Weirdly I have never been able to master it on the accordion, but having first heard it played by Capercaille (again on their elusive 'Get Out' live recording) and later by a number of other folk bands, I have yet to listen to it without a smile on my face. It is unapologetically joyful, and performed engagingly here by Session A9 in an arrangement that's as close to the Capercaillie one as I have been able to find. I hope you enjoy it, too.
10) Ship in High Transit - The Duhks
I first remember seeing Canadian folk group The Duhks at Shrewsbury Folk Festival in 2008, where we bought their newest album at the time, and still my favourite album of theirs, 'Fast Paced World'. Admittedly this is a bit of a step in the bluegrass direction rather than Scottish or Irish folk, but against popular opinion, I have always enjoyed the banjo in a folk group. This track in particular has fascinating metric modulation in the time signature, and as a percussionist myself I can say with confidence that the drummer is doing a commendable job keeping time! The rest of Fast Paced World is all worth listening to, so if you enjoyed this track, do go and explore The Duhks further.
So there we have it, my current top ten folk tunes. I am sure the list will change in a day or so, but if you have made it this far, thank you, and I hope you liked some of the music!
Stay tuned for the rest of Audio Advent 2021.
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text:
Q: My push notifications have not reached the iOS device for two days I have stored device tokens in a database, to which I send messages via PHP. No push notifications have been received by any of the devices for two days. When I send the push message, I get the number of characters sent back in PHP. The device token sent is also correct. Nevertheless, my message does not arrive.
The request to the Feedback server does not bring any faulty device tokens.
Could it be that Apple generally blocks the push notifications because, for example, some device tokens are no longer available because the app has been deleted from the device?

A: I received the following email from Apple Support. Here is an excerpt from it:
......
Based on your reports that your Push Notifications have stopped working without any changes on your end, we suspect this could be due to continued use of the legacy Binary Interface which was retired March 31st, 2021 (https://developer.apple.com/news/?id=c88acm2b).
This change requires you to migrate your push servers to use the HTTP/2 API. Any push servers still using the legacy interface will be unable to connect to APNs, resulting in Push Notifications not working.
More information about the HTTP/2 provider API can be found in these two WWDC sessions:

*

*WWDC2015 Whats New in Notifications https://developer.apple.com/videos/play/wwdc2015/720/

*WWDC2016 Whats New in the Apple Push Notification Service https://developer.apple.com/videos/play/wwdc2016/724/
You can read more about the new APNs Provider API here:
https://developer.apple.com/documentation/usernotifications/setting_up_a_remote_notification_server/sending_notification_requests_to_apns/
........
So I have now changed my PHP file and it works:
    function sendHTTP2Push($http2ch, $http2_server, $apple_cert,   $app_bundle_id, $message, $token) {
    //////////////////////////////////////////////
    // @param $http2ch          the curl connection
    // @param $http2_server     the Apple server url
    // @param $apple_cert       the path to the certificate
    // @param $app_bundle_id    the app bundle id
    // @param $message          the payload to send (JSON)
    // @param $token            the token of the device
    // @return mixed            the status code
    ///////////////////////////////////////////////

    // url (endpoint)
    $url = "{$http2_server}/3/device/{$token}";

    // certificate
    $cert = realpath($apple_cert);

    // headers
    $headers = array(
        "apns-topic: {$app_bundle_id}",
        "User-Agent: My Sender"
    );

    // other curl options
    curl_setopt_array($http2ch, array(
        CURLOPT_URL => $url,
        CURLOPT_PORT => 443,
        CURLOPT_HTTPHEADER => $headers,
        CURLOPT_POST => TRUE,
        CURLOPT_POSTFIELDS => $message,
        CURLOPT_RETURNTRANSFER => TRUE,
        CURLOPT_TIMEOUT => 30,
        CURLOPT_SSL_VERIFYPEER => false,
        CURLOPT_SSLCERT => $cert,
        CURLOPT_HEADER => 1
    ));

    // go...
    $result = curl_exec($http2ch);
    if ($result === FALSE) {
      throw new Exception("Curl failed: " .  curl_error($http2ch));
    }

    // get response
    $status = curl_getinfo($http2ch, CURLINFO_HTTP_CODE);

    return $status;
    }

So you can call it:
    include_once './sendHTTP2Push.php';
    error_reporting(E_ALL);
    // open connection
    $http2ch = curl_init();
    curl_setopt($http2ch, CURLOPT_HTTP_VERSION, CURL_HTTP_VERSION_2_0);

    // send push
    $apple_cert = 'pem4.pem';
    $message = '{"aps":{"alert":"Hi!","sound":"default"}}';
    $token =  'c4942de20b30792b8f1e04c2f5488e05a24bf72f14f1fc849e6581faf9571111';
    $http2_server = 'https://api.development.push.apple.com'; // or 'api.push.apple.com' if production
    $app_bundle_id = 'com.gl.xxxxxxxx';

    $status = sendHTTP2Push($http2ch, $http2_server, $apple_cert, $app_bundle_id, $message, $token);
    echo "Response from apple -> {$status}\n";

    // close connection
    curl_close($http2ch);

it works fine.
Create the key file pem4.pem
Create a push certificate on the Apple site under Certificates and download it ---> aps-XX.cer
Call up keychain management
Insert the downloaded file
Apple Push Service: Export Com.gl.xxxxxxxx ---> xxx.p12
Call the terminal program
cd desktop
openssl pkcs12 -clcerts -nodes -out pem4.pem -in xxx.p12
Copy pem4.pem to the server
this is now @param $ apple_cert (see below)

A: Remember that APN certificates expires after 1 year, That happened to me!

redpajama_set_name: RedPajamaStackExchange


text:
Dolphins sign CB Chris Culliver to one-year deal
Getty Images/Al Pereira
The Miami Dolphins have signed cornerback Chris Culliver to a one-year deal, the team announced Wednesday.
The Dolphins placed Culliver on the physically unable to perform list due to his ongoing recovery from a knee injury. The team also announced that center Jacques McClendon and linebacker Danny Lansanah had been released.
Culliver, 28, was selected in the third round of the 2011 draft by the San Francisco 49ers. He spent three seasons with San Francisco before playing one season with the Washington Redskins. After he was limited to just six games last season with a torn ACL and MCL in his right knee, he was released by the team in May.
Over the course of his career, Culliver has 143 combined tackles, three forced fumbles and seven interceptions.
Chris Culliver
Chris Culliver Miami Dolphins
Miami Dolphins cornerbacks
Chris Culliver Dolphins contract
chris culliver injury update
chris culliver knee injury


It has been almost five years since Rodney Atkins released Take a Back Road. But don't worry, the long wait will soon come to an end, and new music might even be on the way before summer rolls in.
In early 2015, Atkins released a greatest hits album which boasted 11 of his biggest hits, as well as a new tune, "Eat, Sleep, Love You, Repeat." Since that release, there have been rumors of his next original project, and now the details are starting to become clearer, like how there will be different sounds on this album that came from experimentation.
There is no scheduled release date or title for the upcoming album, but the process of putting the project together is well underway.
"We're starting the recording process, and so that's what we've been doing, as fast as we can. We'll go in, and we'll track three or four songs, come home, I sing, see what works, see what I love, tweak things," he says. "I love that writing process."


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I love helping parents find new tools that help them be the parents they want to be. That could be finding the right sling to help them carry their baby, it could be a listening ear and some options for techniques or ideas they could try if they are finding something tough.
I'm passionate about working the PNE as they are all such lovely people who have made such a difference to me when I was finding life as a mum of 2 hard, I want to give something back by helping out and hopefully doing for someone else what they did for me.
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