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I think about it. I think about it all the time. I don't want to. Of all the things that are on the list that ranges from top to bottom of my most favorite things to think about to the very least favorite, this most definitely falls to the bowels of the underworld part of any amoebic cell of thought-range.
So. I do what most other apparently (if only externally) with-it people do. I chuck it out, toss it over to the rails when the radar of my brain picks up the thought like an annoying beep, I flush it away with a cringe that starts from my eyes and finishes through my shuttering shoulders, sometimes physically, sometimes just psychosomatically. I shake it out of my wrists like I'm flicking water droplets from my finger tips. Then I take a deep breath and remember to thank God that I'm not there anymore and that the present is the best place to be.
But it's hard to not let it go.
It's very challenging to let it go with a wisp and a fairy godmother-like woosh of the wand because I am reminded of it every day even, reminded of that hell I once lived, because the purgative present is a living reminder of a very fucked up place I once was and the very fucked up decision(s) I made.
Their giggles, their laughter, their bickering, their now-drenched lives of teenage dramahood, their stories, their tears, and their smiles all skimmed off my every day life because he couldn't do it and because I chose to go for something that ignored every red flag that popped up.
I find myself in pretty fortunate circumstances now. I take a look around and without having to shift my eyes downward in the shame I know I more deservedly ought to dress myself in, I'm doing well even for a kind of person who would have never sacrificed their children and their friendships or torched bridges behind them to follow a sick wolf in sheep's clothing. I have, in no particular order, a host of magnanimous blessings in my life and around me for which I am deeply, intrinsically grateful for. The highest sense of authentic living. Real friends, real family, but most crucial and critical, a return to the real me and a sense of center.
But that didn't come from the wolf saving me, like he would like to believe and (if he is reading this) would like to try and remind me. It came from the beautiful, if painful-as-hell lesson God worked into the creation of our ungrateful souls and creation as a whole that true growth is not without pain. And, thusly, that greater pain (and suffering) is for greater growth. But ALSO... that pain is not only just temporary, but is sweet in the context of a whole, entire span of life.
This is not to say the pain I am suffering for the consequences of my decisions is my saving grace. That is the purgative punishment for my decisions.
It is only saying that for the part that has been pain born of love (bringing my daughters to live with their dad)--the missing out on every day life, the terrifying lack of me in their day-to-day toils and tribulations at this most influential part of their lives (adolescence)--is not something I wanted and is something I struggle with every day.
And it's just that for a moment, just a little tiny moment of each day, the magnitude of the situation hits me like ton of bricks. And I can't help it. Because every. Single. Day. Goes by that I miss them and feel this complicated, twisted crunch of sadness because there are there and I am here.
These are consequences, folks. Good old fashioned consequences.


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Former attorney general, Martin Amidu, has reiterated his claim that the chairperson of the Electoral Commission (EC), Madam Charlotte Osei, is planning to rig the December election.
His remark follows new reports that the EC pointed out an additional 104 errors on the nomination form of Progressive People Party (PPP)’s flagbearer, Dr Papa Kwesi Nduom, hours after the Supreme Court ordered it to extend the nomination period and allow disqualified presidential candidates to correct errors on their forms.
But since the court’s ruling, some of the disqualified candidates have complained that EC has pointed out new error on their forms that the commission did not tell them about before.
In an article sent to the media on Tuesday, Mr Amidu said he suspected that Madam Osei was using the Supreme Court ruling to change the goal post in her determination to disqualify all the 13 candidates and permit the rigging of the 2016 presidential elections.
“My worry is that the commissioner is still deliberately determined to rig the elections by disqualifying the 13 candidates and is wagering on the fact that before the Court interprets its decision there would be no further time left before the close of today 8th November 2016,” he said.

domain: law


2018 Jaguar XQ
The 2018 Jaguar XQ cross-road SUV will be much like any Jaguar. Absolutely fancy, comfy and reliable as a Jaguar can be. Once again Jaguar stands apart with its fragile lines, strong look, an incredible owning experience. For now not much is understood about 2018 Jaguar XQ. But we did a little research study and this is exactly what we found:
2018 Jaguar XQ Redesign
Although the good part of the Jaguar XQ structure will be of conventional metal, more use of aluminum and graphite it’s being added to make the SUV less heavy and dark. Its cabin will carry 5 passengers. The front seats can be moved. The rear seats can be minimized to have more space for baggage. You will have the ability to decide between natural great leather or other tones for the seats and panels.
Continuing the blue light line for its “X” series, this SUV will produce a really comfortable ambient and a roomy and futuristic interior, developed to adjust to your body requires as it is well known ever by a number of people. Transparent large moonroof and windows with less blind points. More light for the rear seats and a very deluxe appearance.
But this is not all. It appears 2018 Jaguar XQ has actually thought of everything. Wi-fi and Bluetooth connections, hands-free combination, holiday cruise, double-sector automated manage, and also angular LED front lights, new taillights and fatigue standards, different temperature levels to fit the requirements of heat and cold inside de SUV, 18″ alloy rims, and new grille and fender. The level of security and comfortability makes this cross-over SUV best for long journeys.
2018 Jaguar XQ Engine
Whatever is extremely well kept in secrecy as we informed before however it appears that the standard engine will be a 2.0 liter, 4 tube turbocharger with around 250 horse power and 230 lb-ft of twisting. The 2018 Jaguar XQ will offer a second more likelihood. A 3.0 liter turbo charged V6 with 350 horse power and 300 lb-ft of twisting engine, handled by a 9-pace intelligent transmission. That permits rear-tire drive function, as well as more functions for tires and other settings.
2018 Jaguar XQ Release and Price
The not specific date has actually been provided neither but it will be in between completion of the 2017 and June of 2018. Is anticipated that its price will begin in US$ 45,000 and can be customized to approximately US$ 50,000. In basic terms 2018 Jaguar XQ Cross-Road SUV will integrate performance, dependability, and comfort, with lots of technology, not only inside the SUV but in its making process given that almost all the parts are designed with effectively established software, that can develop lightweight and strong structures with the best aerodynamic qualities possibles today in the market.
This Jaguar XQ will be a very multitask deluxe futuristic car, that is worthy of the Jaguar name. Go to work, to a cocktail, to do sports or travel around with pals or family, you will delight in convenience and dependence on the other hand you have the best technology at your service 24/7. Custom-made for your likes and needs this is the option you’ll prefer to have.


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Both teams will be playing for pride on the Thanksgiving Day stage when the Detroit Lions (4-6) and Houston Texans (3-7) meet at Ford Field. Kickoff is scheduled for 12:30 p.m. ET.
William Hill Sportsbook lists Houston as a three-point favorite in its latest Texans vs. Lions odds, while the over-under for total points scored is 51.5. Before making any Texans vs. Lions picks or NFL predictions, check out what SportsLine's resident Lions expert, R.J White, has to say.
CBS Sports' NFL editor, White enters Week 12 on an impressive 31-22 run. It's no surprise, as White twice has cashed huge in the world's most prestigious football handicapping competition, the Las Vegas SuperContest.
Moreover, White has a particularly keen eye for the Lions. In fact, he is a stunning 39-22 in his last 61 picks involving Detroit! Anyone who has followed his NFL picks is WAY UP.
On Thanksgiving Day, we can tell you White is leaning Over the total, but his much stronger play is on the spread. In fact, White has found a crucial X-factor that has him going BIG on one side of the spread! You ABSOLUTELY need to see it before locking in your own picks.
Who wins Texans vs. Lions on Thanksgiving Day? And what crucial X-factor makes one side of the spread a MUST-BACK? ... Join SportsLine right now to see which side of the Texans vs. Lions spread you need to back Thursday, all from the acclaimed expert who's an astounding 39-22 in his last 61 picks overall involving the Lions!

domain: news


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Let your cat enjoy the meaty texture of Hill's Ideal Balance Roasted Turkey Adult Recipe Canned Cat Food! Getting a meal to sink his/her fangs into is every cat’s dream and this meal is filled with enough real, roasted turkey to make your kitty swoon! Mixed together with brown rice for digestive health support and wholesome veggies like carrots, it’s truly a recipe that your cat will enjoy—not only for the taste but the health benefits as well. Hill's Ideal Balance Roasted Turkey Adult Recipe Canned Cat Food is a balanced can of goodness, just perfect for the whiskered, meowing member of your family.
- Natural turkey as first ingredient
- Complete and balanced nutrition
- Lean protein
- Natural fiber for digestive health
- Vitamins C and E to boost natural defenses
- Made in the USA
- For adult cats ages 1 to 6 years of age
- No corn, wheat or soy
- Natural ingredients
Turkey, Turkey Broth, Chicken Broth, Water, Pork Liver, Brown Rice, Carrots, Pork Plasma, Potato Starch, Rice Starch-Modified, Spinach, Dried Egg Whites, Dextrose, Oat Fiber, Pea Protein, Pea Fiber, Chicken Liver Flavor, Calcium Carbonate, Potassium Chloride, Sodium Phosphate, vitamins (Vitamin E Supplement, L-Ascorbyl-2-Polyphosphate (source of Vitamin C), Thiamine Mononitrate, Niacin, D-Calcium Pantothenate, Biotin, Vitamin A Acetate, Pyridoxine Hydrochloride, Riboflavin Supplement, Vitamin B12 Supplement, Vitamin D3 Supplement, Folic Acid, Menadione Sodium Bisufite Complex (source of Vitamin K3)), Choline Chloride, Taurine, Guar Gum, minerals (Ferrous Sulfate, Choline Chloride, Zinc Oxide, Copper Proteinate, Manganous Sulfate, Potassium Iodide), Caramel (color), Dl-Methionine, Beta-Carotene.
Crude Protein (min) 8%
Crude Fat (min) 4%
Crude Fiber (max) 1%
Moisture (max) 78%
Healthy choices matter, for both you and your pet. For more than 70 years, Hill's has been advancing knowledge of how to keep pets at their healthiest. That means great-tasting, nutritious food with natural ingredients that can help your cat or dog live a long, happy life. We make every bag of our dry dog and cat food in our own U.S. facilities with highest quality natural ingredients from North America and Europe. By choosing a Hill's product, you help us provide food to shelter pets 365 days a year.
Hill's® Ideal Balance™ introduces a delicious mixture of natural ingredients and a perfect balance of enhanced nutrition that provides the best of what nature intended for your pet to eat. With a wide variety of foods for your cat or dog’s unique needs, each formula contains real protein, natural fiber and the nutrients needed for functioning immune and digestive systems. Hill's® Ideal Balance™ puts some dietary balance into your pet’s life to have him or her looking and feeling great!

domain: pet


MEGHAN Markle has been spotted for the first time since the royal “racism” storm – beaming as she walked on the streets of Santa Barbara.
The Duchess of Sussex, 42, had a smile from ear to ear as she stepped out for some exercise near her and Prince Harry’s home.
Meghan Markle was seen for the first time amid the royal ‘racism’ rowCredit: BackGrid
The Duchess was said to be wearing a bracelet gifted to her by King CharlesCredit: BackGrid
Meghan pictured wearing the Bentley & Skinner tennis bracelet in May 2018Credit: AFP
It was the first time Meghan has been seen since Omid Scobie’s book Endgame hit shelves.
Meghan was sporting family heirlooms along with her gym gear and baseball cap.
She was wearing a Bentley & Skinner tennis bracelet – featuring ninety-two round brilliant-cut diamonds – which was thought to be a gift from King Charles.
The Duchess was first seen wearing it on the eve of her wedding in 2018.
Meghan was also pictured wearing a watch that once belonged to Princess Diana.
The reason she wore the jewellery has divided opinion – with some saying it’s a a sweet nod or a peace offering.
Royal expert Angela Levin said she believed Meghan chose the jewellery to “show she’d won”.
She told The Sun: “I think she’s wearing it as a sign of victory – it’s not to say: ‘I’m really sorry’.
“I think it’s a nasty, spiteful thing.
“I thought if there was going to be an apology she would have got it out straight away – it looks as if she won’t.”
Meghan was snapped before King Charles and Princess Kate saw each other for the first time since the row kicked off.
The smiling royals put on a united front at a pre-Christmas event for 500 members of the Diplomatic Corps.
The storm erupted after Scobie’s bombshell book claimed there were two royals accused of being racist.
It came after an interview with Oprah Winfrey in 2021, the Sussexes alleged an unnamed member of the Royal Family spoke about their son’s skin colour.
Then, early last week, it was revealed the Dutch translation of Endgame included the names of Princess Kate and the King.
Piers Morgan then identified the royal pair on his TalkTV show last Wednesday night, saying the names were already circulating abroad.
Scobie, 42, has repeatedly tried to defend himself in interviews, insisting he never named the royals in his writing.
In one interview he was close to tears as he denied he was a mouthpiece for Meghan Markle and Prince Harry and claimed he was a victim of unfair treatment.
But he’s been blasted for peddling “bulls**t” excuses, while translators claimed the names were in the manuscript they were sent.
The story of the discussion around Archie’s skin appears to have changed a number of times.
No evidence has ever been produced and Harry subsequently said there was no allegation of “racism”.
Instead, they have focused on “unconscious bias” in the Royal Family.
Meghan was also thought to have been wearing a watch that once belonged to Princess Di
Queen Camilla, King Charles III, Prince William, Prince of Wales and Catherine, Princess of Wales pose for a photoCredit: Getty
She was seen sporting it as she walked on the streets of Santa BarbaraCredit: BackGrid


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Here is a Devonian clam and brachiopod fused together. They were found in the Jeffersonville Limestone in Clark County, Indiana. It looks to be that the clam and the brachiopod did not interact together. Looking at just the brachiopod side we see a Cornulites attached to one of the shell ridges and at the hinge point of the shell a hole. It is possible that a snail bore into the brachiopod shell.
Signs of beekite are on both sides of the brachiopod shell.

domain: biology


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In 2012, China amended its Criminal Procedure Law, introducing a provision in Article 73 that marked an unconventional departure from established legal norms. This provision enabled a practice known as “Residential surveillance at a designated location” (RSDL), which allowed authorities to detain individuals without formal arrest for up to six months. Notably, this detention could occur at a location chosen by the police, circumventing the need for disclosure, due process, and the possibility of judicial review.
This departure from conventional legal procedures raises concerns as it legalises the use of “enforced disappearance.” This practice starkly contrasts China’s obligations under international human rights treaties it had ratified, such as the International Covenant on Economic, Social and Cultural Rights and the International Convention on the Elimination of All Forms of Racial Discrimination. China has also signed and ratified the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and is accountable to other customary international laws.
In blatant acts of crime against humanity, numerous Tibetans have been subjected to enforced disappearance, leaving their whereabouts shrouded in uncertainty for extended periods. Tibetans have been subjected to arbitrary detention, which often paves the way for enforced disappearance, leading to subsequent instances of torture and inhumane treatment under broad and vague allegations of instigating “social instability” or “separatism”.
On this year’s International Day of the Victims of Enforced Disappearances, The Tibetan Centre for Human Rights and Democracy organised a panel discussion featuring former Tibetan political prisoners and human rights researchers. The panel discussion began with the screening of an explanatory video about enforced disappearance, underscoring the challenges and human rights violations faced by Tibetans including educators, monastics, intellectuals, and activists.
This was followed by TCHRD’s executive director Ms Tenzin Dawa’s presentation on the subject of enforced disappearance, in which she highlighted the case of Gedhun Choekyi Nyima, who was abducted by Chinese government agents after being recognised as the 11th Panchen Lama by the 14th Dalai Lama. Ms Dawa elaborated on the concerns expressed by various UN human rights experts and highlighted the unjust imprisonment of writer Dhi Lhaden, singer Lhundrup Drakpa, and teacher Rinchen Kyi.
Ms Dawa also referenced the call made by UN Special Rapporteurs to China on 10 August urging the immediate release of nine Tibetan human rights defenders and activists who had been unjustly sentenced to up to 11 years and the joint communication letter sent by six UN independent experts on 26 June 2023 to the Chinese government.
The panel discussion, moderated by TCHRD’s Tibetan researcher Mr Nyiwoe, began with each speaker sharing personal accounts of their experiences as political prisoners.
Mr Gendun Rinchen began by recounting his journey since coming into exile in 1959. He received his education in a Tibetan refugee school in Mussoorie. Following the 1985 Kalachakra initiation by the Dalai Lama, he returned to Tibet, working in Lhasa as a tour guide. Despite China’s attempt to reshape the perceptions of the new Tibetan generation, Gendun Rinchen, as a tour guide, shared information related to human rights issues to tourists and journalists. He was arrested on 13 May 1993 for intending to hand petitions to a visiting European delegation. His detention, lasting eight months, involved three months of intensive interrogation. During his exchanges, he critically questioned the efficacy of Chinese laws that are supposed to safeguard human rights while highlighting the rampant use of enforced disappearance.
Mr Ngawang Woebar was arrested on 27 September 1987. He highlighted the deliberate decision of one participant among the group of 22 protesters to abstain from active engagement, for his task was to secretly observe the authorities’ actions as they transported the arrested individuals. Unfortunately, he was also arrested a month later. The prisoners were forced to make a false confession that the 1987 protest had been orchestrated by the Dalai Lama and the exiled Tibetan government.
Recounting his rigorous interrogation, Woebar mentioned that he was questioned explicitly about a copy of the Dalai Lama’s autobiography, “My Land and My People,” that he had in his possession. Under intense inquiry, he acknowledged that the book discussed Tibetan independence and occupation, prompting immediate orders from the interrogators to refrain from providing further information on the subject matter. The prisoners were beaten and coerced into betraying each other, ultimately facing enforced disappearance.
Former political prisoner Geshe Tsering Dorje, a student of Tulku Tenzin Delek and an advocate for environmental preservation, recounted his experience in Chinese prison as he delved into the stories of various torture methods, including beatings, electrocution and use of needles through fingertips that caused immense pain, bruises and infections due to the highly unhygienic place of detention. He shared how Tibetan political prisoners in Tibet are treated worse than animals by the Chinese authorities.
The discussion concluded with human rights researcher Mr Wangden Kyab, who arrived in exile in 1998. Mr Kyab highlighted China’s continuous violation of its own constitution national laws and its failure to uphold its obligations under international treaties it had signed and ratified.

domain: sociology


Automatic decorative indoor blinds. The blinds have an innovative Q-motion system to control natural light and give personality and character to the space. Easy and quick installation is the ideal solution for those who want to furnish their home or office with modern and elegant blinds.
These functional indoor blinds are installed without masonry or electricity: System with a built-in, miniaturised, compact and lightweight motor, input with a common, standard wireless battery: installed without wires.
Wide range of colours. Opaque or filtered textures. Please consult
Models: Standard (deciso Q-square) (winding Q-round) Cube, Lineo Q, Vector
A minimum of 56cm and a maximum of 300cm. Maximum height of 300cm.


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The reasons a homeowner can dismiss building a backyard granny flat run the gamut — from complicated city permits to unexpected, exorbitant fees to neighborhood spats.
But some companies and cities are trying to clear up the red tape surrounding accessory dwelling units, or ADUs.
San Jose this month gave its first builder — Bay Area startup Abodu — preapproval to drop prefabricated homes in backyards across the city. The builder’s preapproved plans allow customers to get expedited and lower-cost city reviews. It could speed up installation to as little as two weeks, not including site preparation.
Abodu co-founder John Geary said the company aims to bring more transparency and ease to the construction of ADUs. “As a homeowner, it’s daunting and scary,” he said.
Other builders are also expected to gain pre-approval status from the housing-starved city. San Jose leaders hope to add 25,000 homes and apartments by 2022, and estimate that at least 120,000 single family homes in the city could legally accommodate an ADU.
“We won’t solve our housing crisis $650,000 at a time,” mayor Sam Liccardo said in a statement. “We have to bend the cost curve in order to build more housing.”
The city recently announced it was considering a partnership with the Housing Trust Silicon Valley to provide up to 200 forgivable loans for ADU construction. The loans, worth up to $20,000 for San Jose homeowners to cover planning and permitting costs, would be forgiven if a new unit is rented to low-income residents for five years.
San Jose last month launched a series of programs to streamline permitting for backyard units.
The push by the state’s third-largest city comes as California faces a housing shortage of an estimated 3.5 million homes and apartments. Planners and developers see in-law units as a promising way to chip away at the deficit in hot real estate markets with little open space to develop, like Los Angeles and the Bay Area.
ADU permits skyrocketed in 2017 after state lawmakers loosened regulations. But applications have slowed as homeowners have run into costly construction and rage-inducing red tape.
Craig Mizushima of Housing Trust Silicon Valley said efforts to streamline the permitting process are needed. “Lots of builders have been advocating for it for years,” he said.
Pre-approval streamlines a big and often confusing step for homeowners — getting city permits. City planners typically treat ADUs as new construction on par with building a new home. Reaching that standard of approval for homeowners has been costly and confusing for many would-be ADU builders, he said.
Abodu — formed from “abode” and “ADU” — is the idea of a pair of 26-year-old former business consultants and fueled largely by their life savings, they said. Geary, a Cupertino native and graduate of Sacred Heart Prep and Northwestern University, and Eric McInerney, a Michigan native, met at Bain & Company in Chicago.
Looking for an entrepreneurial challenge to break away from their heavy corporate workloads, they drew up a plan to bring cheaper housing to the Bay Area. “We’re pretty bootstrapped,” McInerney said. “We’re betting on ourselves.”
The company wanted to make it easier for homeowners to build an extra unit, with more transparency on costs for prep work and construction, Geary said.
Abodu has contracted with two modular home builders to produce 500-square-foot, one-bedroom, one bathroom units that can be fully equipped, furnished and shipped to a site.
The company negotiates with cities to get basic plans, inspections and permitting for the units upfront, cutting installation time to as little as two-weeks.
Base units start at about $200,000, with upgrades available for appliances, roofing and exterior features. The team has partnered with developer Edenbridge Homes in Cupertino, where Geary’s father, Patrick, is a partner, to do installation and site work.
Homeowners have two primary concerns — will it trigger a reassessment of their property, and what will it look like, McInerney said.
The addition of an ADU will increase the city assessment of a home, but will not trigger a full reassessment up to market value, McInerney said. Prop 13 protections from major increases remain in place. The company estimates that the additional taxes would cost between $1,000 and $2,000 annually.
The company has a few designs to allow custom facades, including a fiber cement surface that can be painted to match the main house.
The company has set up a model home in Redwood City and has been negotiating with other cities to win preapproval for customers. The company has about a half-dozen customers so far and expects to install their first unit by the end of the year.

domain: geography


In the first quarter we reported on a number of exciting on-going projects, one of which I am happy to share, is finally official. The District expansion bill was signed into law by the Governor in June. This expansion brings the remainder of the Braeburn Super Neighborhood and the entirety of the Westbury Subdivision into the District. Through this expansion we can enhance our redevelopment efforts in a much more systematic and comprehensive manner.Another initiative that you will read about is the unique new partnership with the County Attorney for enforcement of nuisance abatement cases. Through this program we will be able to monitor and hopefully close businesses that profit from illegal activities such as 8 liner game rooms and massage parlors that are fronts for prostitution. These are activities which not only harm property values, but are also detrimental to the quality of life of our residents. I encourage everyone in the community to report suspected illegal activities in and around these businesses.
In addition to the new County Attorney initiative, we launched an initiative with the Houston Apartment Association (HAA) and their RCR credit reporting service. This program will allow owners and property managers of multi-family housing communities to check criminal and credit histories of potential renters. The District will be underwriting the costs to encourage the multi-family community managers to utilize these services. We hope to reduce from consideration those applicants with questionable backgrounds who may be moving from community to community in order to avoid detection by law enforcement or other agencies as to possible illicit activities.
In business development news, we have hired an economic development professional, Ray Lawrence, who you will come to learn more about in upcoming editions of the newsletter. For now, I will report that the initial focus of Ray’s work will be to attract new investments and work on business recruitment. Ray will also work in coordination with the Director of Marketing and a soon-to-be-hired relocation specialist on yet another new initiative. We are calling the new multi- faceted marketing program – Relocation Houston and Destination Brays Oaks. The intent of this new initiative is to encourage those who are seeking to relocate from other areas of the country and perhaps even internationally, to consider Houston and specifically Brays Oaks, as the ideal place to call home. This “One Stop Relocation Information Program” will highlight our strategic location, lower taxes and cost of living, employment opportunities, the newly renovated multi-family housing communities, and the many beautiful, custom built homes, at exceptional values in deed restricted communities.
– Etan Mirwis, Chairman of the Board


BY BRADLEY W. HERTZ
Unbeknownst to many attorneys, a flurry of litigation precedes the printing of the voter information guide and sample ballot each election cycle. This somewhat secret world of pre-election litigation involves high-stakes skirmishes over how candidates are permitted to describe themselves to the voters, how ballot questions are worded, how ballot measures are summarized, and various other nuanced aspects of the information voters ultimately receive from elections officials. This obscure area of law encompasses several legal disciplines, including First Amendment jurisprudence, administrative law, civil procedure, and of course, the California Elections Code (CEC).
Pre-election litigation has a significant impact on the voter information guide, the sample ballot, and oftentimes, the election. Not only do political consultants, pollsters, and political scientists emphasize the importance of voter information such as candidate ballot designations, candidate statements, ballot arguments, and the like, but the fact that those involved in the process often allocate substantial portions of their budget to this type of litigation is illustrative of its overall significance.
When preparing to vote in the November 8, 2016 Presidential election and beyond, and when diving into the multi-faceted voter information guide and sample ballot, voters who read this article will be well-equipped to read between the lines and know that much of the wording was vigorously litigated prior to the documents being printed.
This article seeks to demystify the world of pre-election litigation, discussing not only the types of voter information that are most often litigated, but also focusing on the procedural and other aspects of these types of matters.
Procedural Preliminaries and Constitutional Considerations
Pre-election litigation benefits from several procedural protocols that make it at once exciting and stressful. Elections Code § 13314(a)(3) and Code of Civil Procedure § 35 give these types of actions priority over all other civil matters. In addition, because relief cannot be granted if it would “substantially interfere with the conduct of the election,” the cases are almost always specially set for hearing via ex parte application.
In an era where many civil litigants wait for years to get to trial, most pre-election cases are heard by the trial court in a matter of days. The time-pressure caused by an upcoming election, and the public interest in protecting the voters from improper materials, ensures that litigants are afforded their day in court in record time. In addition, these cases are almost always considered “special proceedings of a civil nature” and are decided on the papers, thus not consuming too much of the court’s time.
Although First Amendment speech is most certainly implicated in this type of litigation, the voter information guide and sample ballot are limited public forums and thus subject to governmental oversight. Unlike the unfettered rough and tumble of the campaign trail, in which prior restraint of speech would not be allowed, because these government-funded and distributed election materials carry the imprimatur of government, the law has evolved in a way so as to allow judicial intervention before the ballot materials are finalized.
Even though to some it may seem unusual for parties to engage in heated litigation over mere words in a booklet that is sent to voters, a “voter’s pamphlet can have a substantial impact on the equality and fairness of the electoral process.” Unlike other vehicles for political discussion, the information set forth in the voter guide is likely to carry greater weight in the minds of voters than other forms of campaign information.
Ballot Designations (or What’s Your Day Job?)
The ballot designation a candidate chooses plays a significant role in how the public perceives the candidate, and can dramatically increase or decrease the likelihood of a candidate’s success on Election Day. This is especially the case for judicial candidates and for those in other low visibility or “down ballot” races, where the candidates are not widely known.
Other than the candidate’s name, the ballot designation is one of the main factors voters use to distinguish among candidates. The designation, which appears directly under the candidate’s name in the sample ballot and on the ballot itself, describes — usually in three words or less – the candidate’s “current principal professions, vocations, or occupations.”
While the three-word designation is the most commonly used and the most frequently litigated, candidates may also choose to describe themselves by designating their elective office, in which case the three-word limit does not apply. They may also use the word “incumbent,” “appointed incumbent,” or “appointed” followed by the non-judicial office to which they were appointed. “Community volunteer” may also be used if specified criteria are met.
Ballot designations are heavily regulated via the Elections Code and the Secretary of State’s Ballot Designation Regulations, with the goal of preventing candidates from making false or misleading claims about their official or professional endeavors. At the time candidates file their paperwork with the appropriate elections official, they are required to complete a ballot designation worksheet explaining and justifying their chosen designation. These worksheets become available for public examination 87 days before the election, and any voter may file a petition for writ of mandate alleging that an error, omission, or neglect of duty has occurred or is about to occur in connection with the ballot designation.
The CEC provides that elections officials shall not accept designations that would mislead voters; use the name of a political party; or refer to a racial, religious or ethnic group or to any activity prohibited by law. There are also strict rules pertaining to the use of the word “Retired,” which cannot be abbreviated or follow any words it modifies, and may only be used if certain criteria are met. Nor are the words “former” or “ex-” permitted.
Yet another prohibited designation is one that suggests an evaluation of the candidate, such as “outstanding” or “virtuous.” In a recent election for Republican County Central Committee, a candidate sought to use the designation “Conservative Author/Commentator,” but the elections official rejected the use of the word “Conservative” as constituting an evaluation of the candidate. The Ballot Designation Regulations are extremely detailed, providing definitions of “principal,” “profession,” “vocation” and “occupation,” as well as types of activities that are not allowed, including one’s “avocation,” “pro forma” position, or “status.”
Although much of the jurisprudence surrounding ballot designations stems from statutory and regulatory requirements, there are also appellate cases that elaborate upon these issues. The appellate cases, however, are relatively few and far between, given the lack of time that exists between the public availability of proposed ballot designations and the deadline for printing the ballot materials. Often, by the time a voter prepares and files the litigation, seeks an order shortening time for the briefing and hearing of the matter, and has the matter heard, it is the proverbial eleventh hour and there is no time for appellate relief.
One of the key appellate cases that provides guidance regarding ballot designations is Andal v. Miller. In that instance, the term “Peace Officer” was rejected as part of a ballot designation because it was not a “principal” profession, vocation or occupation as the candidate’s volunteer service as a reserve deputy was nominal, pro forma and titular in character and did not entail a significant enough involvement of time to enable him to use that term. Another key appellate case is Luke v. Superior Court, which focused on a judicial candidate’s proposed ballot designation of “Judge, Los Angeles County (Acting)”. In Luke, the appellate court held that a court commissioner, even though often sitting as a judge pro tem, was precluded from utilizing the term “judge” or a derivative thereof, as it would mislead the public.
Be Careful What You Wish For
In litigation of this kind, sometimes a litigant can “win the battle but lose the war.”
In a recent case, a school board candidate’s ballot designation of “Education Foundation President” was successfully challenged in court. However, the candidate was given an opportunity to submit and justify an alternative designation, “Educator,” which both sides agreed was better than the challenged designation. Lawyers who litigate in this area of the law should warn their clients that in addition to the unpredictable nature of litigation in general, “winning” in pre-election litigation does not necessarily mean achieving a politically desirable result.
Attorneys’ Fees: The Double-Edged Sword
Pre-election litigation can be complicated by the possible assessment of attorneys’ fees against the unsuccessful party. Code of Civil Procedure (CCP) § 1021.5 authorizes a court to award attorneys’ fees to a successful party in any action “which has resulted in the enforcement of an important right affecting the public interest.” In addition, a significant benefit must have been conferred on the general public or a large class of persons (i.e., the voters), and the necessity and financial burden of private enforcement must be such as to make the award appropriate.
Because litigating in an area protected by First Amendment rights of free speech and petition can lead not only to CCP § 1021.5 private attorney general fees but also to other types of statutory fee awards, clients should be advised to pursue these types of cases only after a thorough cost-benefit analysis of the legal, financial, and political pros and cons.
What’s in a Name?
Yet another aspect of pre-election litigation involves candidates’ names, and there have been efforts to obtain court orders changing such names on the ballot for various reasons. In one case, a judicial candidate was to appear on the ballot with the first name of “Pat” (in addition to his last name). The candidate’s opponent sued, seeking to require the use of the candidate’s full first name, “Patrick.”
The argument was that by using a gender-neutral nickname, an improper effort was being made to cater to female voters. After evidence (including a declaration from the candidate’s mother) was presented to the court that the candidate had long used the name Pat, the court denied the challenge.
Another challenge to a candidate’s name involved now-Congresswoman and United States Senate candidate Loretta Sanchez. Her then-married name was Loretta Brixey, but she sought to run as Loretta Sanchez (which was her maiden name) to represent a heavily Latino part of the state.
A lawsuit sought to require her to use the last name Brixey instead of Sanchez, but the trial court rejected the attempt. The general rule regarding candidate names is that there is fairly wide latitude for the candidate to choose his or her name, so long as the candidate can demonstrate the prior use of that name.
Vote for Me!
Candidate statements are another important aspect of pre-election litigation. However, because many such statements are expensive for candidates to purchase, there are less statements to challenge as compared to ballot designations. Candidate statements are usually limited to 200 words and are autobiographical statements that introduce the candidate, illustrate his or her qualifications for office, and set forth their positions regarding particular issues.
According to Elections Code § 13307, candidate statements may include the name, age, and occupation of the candidate and a brief description of the candidate’s education and qualifications. The statement is not allowed to include the candidate’s party affiliation or membership or activity in partisan political organizations. Moreover, a candidate may not make references to other candidates for that office.
In addition to codifying the catch-all election law writ of mandate provision found in Election Code § 13314, the Legislature created a specific provision for challenging candidate statements, namely Elections Code § 13313. Under that provision, “any voter of the jurisdiction in which the election is being held, or the elections official… may seek a writ of mandate . . . requiring any or all of the material in the candidates[’] statements to be amended or deleted.” The writ shall issue only upon clear and convincing evidence that the material is false [or] misleading . . . .”
Oftentimes, elections officials will intercept an errant candidate statement that refers to an opponent. Sometimes, however, such statements pass muster with the officials, causing a voter to commence litigation as permitted by the Elections Code. Such litigation must be commenced within ten days, which constitutes one of the shortest, if not the shortest, statute of limitations periods. Sometimes, efforts at administrative advocacy – seeking to convince the elections official to reject a candidate statement or other proposed candidate document – meet with success.
More often than not however, the elections official stands back and allows the parties to battle it out in court, appearing through counsel only to ensure that the court’s ruling is completed by the “drop dead date” for the printing of the ballot materials. In addition to litigation challenging the materials that candidates provide for the voter information guide, litigation also is available to challenge the wording put forth by a governmental body, such as ballot questions or impartial analyses.
Ballot questions: Yes, No, Maybe So
The Yes-No questions that confront voters in connection with ballot measures are required to be neutral and not to create favor or disfavor toward the measure. Oftentimes, however, the public officials drafting the question put a positive or negative spin on it—something for which they can be taken to task.
Recently, in McDonough v. Superior Court, 204 Cal.App.4th 1169 (2012), the appellate court concluded that the use of the word “reform” in a ballot question relative to a pension reform measure was biased in favor of the measure. The court thus replaced the word “reform” with the word “modification.”
In another case, where the city seemed to be telegraphing its desire for a yes vote, the question as drafted was “Shall Ordinance 94-011, a gaming ordinance, zoning modification and Development Agreement . . . be enacted to allow and regulate card room gaming at Golden Gate Fields . . . in order to provide revenue for the City of Albany, create jobs, provide for an Albany Bay Trail, and allow Albany waterfront access?”
Opponents of the ballot measure sued, and the court agreed that the question was biased in favor of the measure. The court viewed the phrase “in order to provide revenue for the City of Albany, create jobs, provide for an Albany Bay Trail, and allow Albany waterfront access” as not only unnecessary, but as also having the effect of stating a partisan position on the measure. Finding that the phrase overtly endorsed arguments advanced by proponents of the measure, the Court ordered the biased language to be deleted.
Similar principles apply with regard to other government-drafted election documents. For example, in addition to ballot questions – also known as ballot labels – government officials prepare titles and summaries that accompany initiative petitions and that appear in the voter information guide, fiscal analyses, and impartial analyses. To the extent voters believe that any of these materials are biased, litigation can be brought seeking to amend such language. Although the courts show considerable deference toward these public officials and their work product, courts are willing to intervene if the officials abuse their discretion in a way that puts the proverbial governmental “thumb on the scale” and renders the electoral process patently unfair.
Although ballot arguments are by definition, argumentative, they nevertheless are still not
permitted to be false or misleading. The Elections Code contains provisions enabling courts to amend or delete false or misleading portions of ballot arguments so that the voters will not be misled.
In a recent case in which Secretary of State Alex Padilla was the Respondent and the authors of the principal and rebuttal ballot arguments against Proposition 60 – the California Safer Sex in the Adult Film Industry Act – were Real Parties in Interest, the Petitioner successfully obtained a large number of court-ordered amendments to the challenged arguments.
Although pure statements of opinion cannot be false and are protected from the reach of the courts, portions of ballot arguments that are presented as fact, and that are false or misleading, are subject to judicial amendment. Thus, the courts have broad discretion to protect voters from being subjected to false or misleading information in ballot arguments and often have no problem weighing in as courts of equity to amend such arguments. Sometimes, courts will give counsel the benefit of their thinking (either via a tentative ruling or via colloquy from the bench) and then advise the parties to meet and confer in an effort to agree on mutually acceptable language.
Another consideration that counsel should be sure to emphasize to clients is the optics of a judicial ruling. Sure, it is great to prevail and then inform voters that the court concluded that one’s political opponents were seeking to mislead the electorate. But on the other hand, a loss could mean that one’s opponents can claim that the court has “blessed” the accuracy of the challenged argument.
Due to the nuanced and unforgiving nature of this practice area and the extremely small margin of error that exists when seeking such immediate and impactful relief from the courts, pre-election litigation is not for the faint of heart. As voters thumb through (or voraciously read) their voter information pamphlets and sample ballots in the run-up to the election, hopefully they will have greater appreciation as to the roles attorneys have played in the fine-tuning of the information they are being presented.
Even more importantly, hopefully the ballot questions, ballot arguments, impartial analyses, and other pre-election materials are clearer, fairer, and more precise and the electorate is better informed as a result of the litigation efforts discussed above.
Bradley W. Hertz is a partner at the Sutton Law Firm, which specializes in political and election law in Los Angeles and throughout the State. He can reached at email@example.com. Special thanks to law clerk Gabrielle E. Gordon for her assistance with this article.
 California Elections Code § 13314(a)(2)(B).
 California Code of Civil Procedure § 1063 et seq. See also CCP § 1085 writs of mandate.
 On rare occasions, live testimony is allowed, but only where good cause is shown and the court grants permission.
 Patterson v. Board of Supervisors, 202 Cal.App.3d. 22 (1988).
 Judicial candidates who are deputy district attorneys are often seen trying to out-designate each other with increasingly dramatic ballot designations, such as “Gang Homicide Prosecutor” or “Child Molestation Prosecutor.” Judicial candidate ballot designations are the most-heavily litigated, with the outcome of the litigation often turning on those few all-important words.
 California Elections Code § 13107(a)(3).
 California Elections Code § 13107(a)(1).
 California Elections Code § 13107(a)(2) & (4).
 California Elections Code § 13107.5.
 2 California Code of Regulations, § 20710 et seq.
 California Elections Code § 13107.3.
 California Elections Code § 13314.
 California Elections Code § 13107(b)(1), (5), (6) & (7).
 California Elections Code § 13107(b)(3).
 California Elections Code § 13107(b)(4)
 2 California Code of Regulations, §s 20714 & 20716.
 Andal v. Miller, 28 Cal.App.4th 358 (1994).
 Luke v. Superior Court, 199 Cal.App.3d. 1360 (1988).
 California geographical names count as one word, so this designation satisfied the three-word requirement. California Elections Code § 13107(a)(3).
 In Andrews v. Valdez, 40 Cal.App.4th 492 (1995), an administrative law judge was allowed to designate herself as such, because the term was authorized by statute, accurate, and did not mislead.
 Richard C. Cassar v. Michael Vu (Mark B. Wyland), San Diego County Superior Court Case No. 37-2016-00027737-CU-WM-CTL (August 12, 2016)
 Mildred Escobedo v. Conny McCormack (Patrick “Pat” David Campbell), Los Angeles County Superior Court Case No. BS091869 (Filed August 17, 2004).
 California Elections Code § 13308; Dean v. Superior Court, 62 Cal.App.4th 638 (1998); Clark v. Burleigh, 4 Cal.4th 474 (1993).
 Procedurally, the elections official is named as the “Respondent” and the opposing candidate is named as the “Real Party in Interest.”
 California Elections Code § 9050(c); Citizens for Responsible Government v. City of Albany, 56 Cal.App.4th 1199 (1997).
 See California Elections Code § 9092 re: statewide ballot measures.
 Derrick Burts v. Alex Padilla (Eric Paul Leue), Sacramento County Superior Court Case No. 34-2016-80002404 (Filed July 28, 2016).


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Articles & Newsletters
The AKC Canine Health Foundation Library is a comprehensive list of all the canine health articles available on this website. You can search for an article by research area or breed. The information is divided into four sections:
Discoveries - the award-winning newsletter of the AKC Canine Health Foundation, published quarterly.
e-Newsletter - view the archives of our e-Newsletter
Exploring Risk Factors for Canine Lymphoma September 8, 2020
CHF-funded investigators at the University of Wisconsin, Madison set out to learn more about the combinations of genetic mutations and toxin exposures that contribute to canine lymphoma.
What is the Best Age to Spay/Neuter Your Dog? It Depends. September 1, 2020
CHF-funded researchers have created guidelines based on breed, sex, and body weight regarding when to neuter a dog in order to avoid increasing the risks of certain joint disorders and cancers.
Diagnostic Criteria for Golden Retriever Pigmentary Uveitis August 28, 2020
Recently, current and former members of the American College of Veterinary Ophthalmologists’ Genetics Committee came together to create and publish clear diagnostic guidelines for Golden Retriever Pigmentary Uveitis. These updated diagnostic criteria for GRPU were recently published in the open source journal Veterinary Ophthalmology and are summarized here.
A One Health Approach to Beating Cancer August 27, 2020
Recent discoveries by AKC Canine Health Foundation funded researchers demonstrate the power of a One Health approach in fighting cancer, a devastating disease found in humans and dogs.
A New Technology to Assess Tumor Margins During Surgery August 17, 2020
CHF-funded investigators are exploring a new technology that could provide accurate surgical margin information in real-time and right in the operating room
Read about three studies funded through the AKC Canine Health Foundation's Epilepsy Research Initiative in this Spring 2019 edition of Purina's Poodle Update.
AKC Canine Health Foundation-The Ohio State University Canine Leptospirosis Posters 2018 December 26, 2018
Two poster presentations from The Ohio State University on Canine Leptospirosis. Funding provided by the AKC Canine Health Foundation.
German Shepherd Dog Update - Hemangiosarcoma Research December 18, 2018
Learn more about AKC Canine Health Foundation funded research on hemangiosarcoma in this Nestle Purina publication for German Shepherd Dog enthusiasts.
Dog Update - Fall 2018: Fall Allergy Season September 12, 2018
Get ready for dog allergies in fall with this Nestle Purina publication dedicated to dog enthusiasts.
Golden Retriever Update - Fall 2018: B-cell Lymphoma Research September 12, 2018
Learn more about B-cell lymphoma research and biomarkers that may help detect cancer risk and outcome in this Nestle Purina publication for Golden Retriever enthusiasts.
Malignant Histiocytosis: Looking for a Cure December 1, 2010
The median survival time for malignant histiocytosis is only 2-4 months. Traditional cancer treatments such as radiation and surgery are generally ineffective in dogs with MH. There is hope for the future; however, as preliminary studies of a new form of treatment have shown some real promise.
A Heart-To-Heart on Severe Subaortic Stenosis December 1, 2010
This is the story of how an experimental procedure for the heart disease severe subaortic stenosis has helped dogs Marley and Moe. The procedure also holds promise to help children affected by the disease.
Can Human Research Improve the Diagnosis of Canine Lymphoma? December 1, 2010
This article discusses research that shows the progress made in understanding and diagnosing human lymphoma can help improve the diagnosis and treatment of lymphatic cancers in dogs.
The group of diseases called the neuronal ceroid lipofuscinoses cause progressive nervous system damage in both dogs and humans. This article is about the research that resulted in genetic tests for the diseases in some breeds of dogs.
Research on Brain Disease in Pugs Could Also Help Scientists Understand A Rare Form of Multiple Sclerosis December 1, 2010
This article is about research on an inflammatory brain condition, necrotizing meningoencephalitis (NME). Researchers have found that disease risk in Pug Dogs is closely linked to the same group of genes that has been implicated in human risk for Multiple Sclerosis.
The award-winning print newsletter of the AKC Canine Health Foundation. Providing in-depth information on canine health research and education.
Discoveries Issue 32 April 1, 2010
Article topics include vaccines and vaccination protocols, bone cancer and the genetic test for cataracts in the Boston Terrier.
Discoveries Issue 31 January 1, 2010
Article topics include influenza, the 7th Biennial National Parent Club Canine Health Conference and more.
Discoveries Issue 30 October 1, 2009
Article topics include patella luxation, canine lymphoma, Meet the Breeds and more.
Discoveries Issue 29 July 1, 2009
Article topics include hip dysplasia, ground-breaking for the Purina Event Center, the mysteries of thyroid disease and more.
Discoveries Issue 28B April 1, 2009
Article topics include epilepsy, hemangiosarcoma, and the genetic test for hereditary cataracts in the Australian Shepherd.
Help Future Generations of Dogs
Participate in canine health research by providing samples or by enrolling in a clinical trial. Samples are needed from healthy dogs and dogs affected by specific diseases.

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Former Moffat County baseball coach to plead not guilty in underage sexting case
CRAIG — Justin Folley, the former Moffat County High School baseball coach accused of sexting a 15-year-old student, intends to plead not guilty, according to court documents.
In August 2017, Folley was charged with 10 felony counts of sexual exploitation of a child. He reportedly sent a high school freshman messages of a sexual nature, including a video of him masturbating. Folley also allegedly possessed three nude images of the girl.
On March 19, Folley’s public defender advised the court his client would enter not guilty pleas and requested the matter be set for trial.
Folley’s trial is set to be held Aug. 6 through 14.
Folley was placed on paid administrative leave when the investigation began in spring 2017. He remains on administrative leave but is no longer receiving a paycheck from the school district.
“With respect to the school district, his status remains unchanged,” said Moffat County School District Superintendent Dave Ulrich. “Per Colorado state statute, he remains in unpaid administrative leave and is not receiving any payment from the school district. He is not allowed to be on any Moffat County School District property or interact with any students of the district.”
Ulrich said student safety is the district’s highest priority, adding that the district has acted accordingly.


The move is expected to contribute significantly to safety on the highways as the GPS devices will alert the authorities of any overspeeding vehicles.
Briefing the media after the cabinet meeting, state Law Minister J.C. Madhuswamy said that 6.8 lakh vehicles will come under the ambit of the project to be implemented with support of the Central government.
“60 per cent of the funding will be provided by the Central government, and the state government will bear the remaining costs,” Madhuswamy elaborated, adding that one of the aims of the initiative is to curb crimes against women.
Once the project is implemented, the government will centrally monitor the vehicles. This will also enable the government to clamp down on tax evaders and misuse of transport permits, the minister asserted.
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Celtics Sleepwalk Way to Home Win
The snap, the crackle, the pop of Game 1 -- of any playoff game -- was missing. It usually is after massive blowouts, and the Celtics are fortunate to have won.
Unable to sustain a run longer than two or three minutes, the Celtics struggled to a 122-111 victory over the Bucks last night to go two up in their Eastern Conference final series. If they play a game like this tomorrow afternoon on the other guy's court, the series will quickly be 2-1.
Milwaukee's incessant doubling-down on the big people made it mandatory for the Boston guards to make shots, and they did just that. Danny Ainge, with a key 11-point third period, had 23, as did backcourt mate Dennis Johnson.
The Bucks were resilient in this game. They never led, but with 6:10 remaining a fallaway by Terry Cummings capped a run of nine straight and pulled them within four at 99-95, the closest Milwaukee incursion since 33-29 late in Period 1.
But that's as far as it went. Craig Hodges committed an unpardonable sin, fouling Johnson far away from the hoop as the 24-second clock was expiring. DJ sank both, and when Larry Bird rebounded a Johnson miss and fed Robert Parish for a 10-foot turnaround, the pressure was relieved.
Milwaukee was still hanging tough at 107-101 with three minutes left when it received a very bad break. The trap ws on, and Ainge clearly stepped out of bounds at midcourt. No call. Things got worse for Milwaukee when Bird fed Kevin McHale for an inside three-pointer.
The Celtics exited the floor at the half to the tepid applause of approximately 11 people, apparently the only patrons not put asleep by the dull proceedings. The score was Boston 63, Milwaukee 55, which tells you nothing about the excruciating dullness of the first half.
Boston never trailed, which isn't bad for a team that spent a good portion of the half trying to keep itself awake. It was 36-29 after one period, and the Celtics actually had a 13-point lead (62-49) with 1:29 remaining in the half before allowing the Bucks a modest 6-1 run to close out the half.
Take away Johnson's memorable first-quarter 75-foot mistake basket, and this game had nothing to recommend it. The Celtics' strategy appeared to be twofold. 1. Run the clock down and throw it to someone for a clock-beater. 2. Get Milwaukee into the bonus and try to get to the foul line by posting people up and hoping the unfathomable Lee Jones could be tricked into calling a foul. What Jones was doing within two states of a playoff game is another matter.
Milwaukee was at least ready to play this time. The Bucks never allowed the Celtics to step out, limiting Boston to a largest first-quarter margin of eight (29-21) and managing to keep from being blown out in the second quarter, largely because of the efforts of Randy Breuer, who threw in enough hooks, turnarounds and dunks to provide the visitors with a respectable inside game.
When not running (the Celtics were 7 for 7 in transition situations), Boston relied more on pure post-up ball than anything else. And this style was hardly limited to the big people, as DJ spent a good deal of the time with his back to the basket (once spinning in for a textbok reverse lay-up), as well.
The Celtics threatened to take charge a couple of times, moving the lead up to 10 for the first time at 44-34 (a nice Ainge drive), but each time they appeared to be on the verge of something good they ruined it with either a bad shot or a turnover resulting from a too-fancy pass.
The ticking bomb was Bird. He scored a very easy 17 and, if anything, appeared to be bored with conventional basketball. He established that he could post up at will, which on this team is hardly a distinguishing characteristic.
DJ's 75-foot excuse-me three-pointer was the highlight of a medium-speed first period that ended with a 36-29 Celtic lead.
DJ's basket was a lead pass intended for Bird, but the ball sailed through the hoop, leaving Johnson standing not far from the Milwaukee foul line looking absolutely astounded. Old-timers will recall that Bill Sharman once pulled off a similar feat with a pass intended for Bob Cousy in the All-Star Game, no less.
The mighty DJ hoop made the score 29-21, Boston, but it certainly didn't faze Milwaukee's Craig Hodges, who responded with a conventional three-pointer to keep his team even at the time.
Boston moved into a quick 4-0 lead on a pair of Bird baskets, and the Celtics would not relinquish that lead for the duration of the period. A fast- break burst gave them the first of six seven-point leads they would attain in the quarter, and forced Don Nelson into an early timeout. The halt in play didn't appear to stimulate the Bucks as much as it did deflate the Celtics, who never really got into a characteristic offensive rhythm, no matter what the scoreboard would claim.

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Our staff will be pleased to welcome you to your Florentine home, the Messori Suite. Where comfort and elegance are joined together within a 30s building to offer guests a one of a kind experience.
The garden really is unexpected Oasis in the city, where you can unwind in the shade of the two majestic lime trees, surrounded by green plants and the flowers in season.
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MacArtBlurFriday, May 3rd 6-11pm
Saturday, May 4th 1-6
Flava' Packet - W. MacArthur @ Market - 2$ donation
Dozens of paintings by local artists adorn the gallery walls. Deeper into the complex, you will find more elaborate and hidden mysteries that obscure the normal conventions of the art world. How deep the rabbit hole goes is up to you. We welcome you to climb through the nest, ride a pedal powered ferris wheel, get lost in a cardboard cave, find yourself immersed in mind-bending soundscapes, meet and greet local inspirators, and express your ideas in the wishing well - a collective consciousness suggestion box. All these things and more will be happening at the Flava’ Packet during MacArtBlurr!
DIY Cloth Menstrual Pads WorkshopSaturday, May 4th, 2pm
Sudo Room -
Come learn how to make beautiful and practical cloth pads out of old clothing! Materials will be provided, but if you want, you can bring old ripped-up clothing (preferably soft, natural fibers), needles, thread, snaps or buttons. This workshop is intended for people who menstruate and for people who have friends who menstruate (and want to make them lovely presents). We will also go over a dizzying array of cool lady products beyond the cloth pad, and have fun cost-comparisons of different options.


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The Cedar is a brand new floor plan, part of Alturas Homes' new cottage series in Cartwright Ranch. This patio home is 1,965 square feet, has three bedrooms, two baths and an open, spacious great room. Incredible views of the foothills can be seen in any window and a park is directly across the street from this home. The exterior of this home is white with a wythe (think "Tiffany" blue) blue door.
The Finishing Touches
Open shelves are a great for extra stroage or to show off your favorite art pieces. LED lights are installed throughout the whole house. Brush nickel finishes and light fixtres in bronze complete the industrial look. Clean, solid tiles and handmade looking tiles in greys and taupes are mixed throughout the home and contrast nicely.
The laundry room is in the back of the home, away from the kitchen and great room. It's next to the mudroom and continues the stained cabinets for a complete look.
The tiled master walk-in-shower has dual static shower heads on opposing walls. It also features a half wall, finished with glass on top. Delta Ashland plumbing fixtures are throughout the home as wel.
Model Home in Cartwright Ranch
The Hudson is currently our model home in Cartwright Ranch. Model home hours are Wednesday - Sunday from 1-5 pm or by appointment. The Hudson is a two story home with an office, bonus room, tech center and covered patio in the backyard. It has 4 bedrooms, 2.5 baths and is 3,160 SF. This home is in Cartwright Ranch, a brand new community in Hidden Springs. The home backs up to the foothills, making the backyard completely private with no backdoor neighbors. View The Hudson here.
Looking for custom homes in Boise, Idaho? Cartwright Ranch is a new community nestled in the Boise foothills by Hidden Springs. It's minutes away from Downtown Boise, the Boise greenbelt and BSU. Cartwright Ranch has brand new boise homes perfect for any family.
About Alturas Homes
Alturas Homes has a culmination of over 50 years of Idaho home building experience. We pride ourselves on being Idaho home builders who build new homes perfect for every family. As we build homes, we’re always evolving to stay a step ahead of new technologies and changing lifestyles, ensuring that you’ll enjoy your home for years to come. We build houses in seven communities throughout the Treasure Valley including: Bainbridge, Century Farm, Cartwright Ranch, Paramount, Syringa, Homestead and River Heights.
Lear more about building with Alturas.


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Greater communication in supply chain will provide greater fairness for all
Speaking after the inaugural meeting of the Supply Chain Forum took place at Loughry College in Cookstown, Sinn Féin's agriculture spokesperson Oliver McMullan MLA said:
“Today’s meeting, chaired by Minister Michelle O'Neill, is a welcome and positive intervention to firstly identify the gaps and weaknesses of our supply chain and to therefore establish a strategic action plan to address concerns.
“This is an unprecedented think-in involving our primary producers, processors, retailers, banks and other key agri-food stakeholders.
"Recent challenges such as market volatility, new labelling requirements and movement specifications have proven there is need for greater engagement between all elements of our supply chain.
“This forum will provide an opportunity to discuss all of the various needs and expectations across the agri-food industry.
"Sinn Féin is committed to the principle that primary producers must receive a fair price for their produce to guarantee and support the future sustainability of our industry.
“This can be secured through greater all-island market collaboration and confidence building across the supply chain.”


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It’s a busy holiday season for The San Pedro Red Cross
Monday, December 23rd, 2013
On Saturday December 14th, The San Pedro Red Cross held a Christmas Bake Sale at Roadkill Bar on Coconut Drive. The sale featured tasty treats from some of the island’s best bakers and was held from 11AM to 2PM. Islanders had the chance to satisfy their sweet tooth while they contributed to a “sweet” cause, as the proceeds raised went towards funding the training of San Pedro High School teachers in First-Aid. The San Pedro Red Cross Branch was able to find sponsors for all 30 teachers before the sale. During the fundraiser sale, a check was presented on behalf of Mark and Brooke Maggiotto, who generously sponsored 19 of the teachers. Among those that came out to support the Red Cross sale were: Coco Loco’s Beach Bar, Casa Picasso, The San Pedro Lions Club, Sherry (Lil Red), Edward D. Mulligan and Paul of Caye Coffee, who also donated $5 to every bag that was sold. The San Pedro Red Cross Branch extends much gratitude to Wade and Kathy of Roadkill for hosting the event, and also to everyone else who contributed in making this fundraiser a success. Training for these teachers will take place on Friday, December 20th.
The grand total raised from the bake sale was $1,658.75. Proceeds will now be used to start a fund for The San Pedro Roman Catholic School teachers to receive training in First-Aid. If you would like to sponsor one of teachers please email Shirlee Arnould at [email protected]
On the same day Jessie Young and Terence Woodeye, Red Cross members from Belize City visited the island to carry out the American Red Cross/ John Hopkins University end-line survey. The survey measured the various project impacts on the community’s awareness and preparedness for emergencies and disasters in San Pedro. This survey was part two the “Saving Lives in the Caribbean through Preparedness” project. The same questions were asked in early 2012, noting any difference in the responses will help to give an idea of the project’s impacts on the community. These results will be shared with The San Pedro Red Cross after the results have been analyzed by The American Red Cross.
The weekend also marked the Belize Red Cross Youth Agents for Change (Y-AC) “Street Beat” Training and Activity on December 13th and 14th at the ITVET compound. San Pedro Red Cross members Shirlee Arnould and Mike Memeo attended as The Belize Red Cross headquarters extended an invitation for two people from every branch to attend “Street Beat”. The activity saw presentations from various volunteers who are trained in HIV/AIDS and Sexual and Reproductive Health which provided information to the public on various areas including prevention and VCT Sites (Voluntary Counseling and Testing) in their respective communities.
The San Pedro Red Cross invites the community to attend their afternoon Christmas party and fundraiser which will be hosted by Coco Loco’s Beach Bar (north of the Bridge) on Friday December 30th, starting at 3PM. Owners Sue and Steve will be collecting First Aid supplies on behalf of the Belize Red Cross San Pedro Branch.
The San Pedro Sun commends The San Pedro Red Cross branch on all the hard work done in 2013 and looks forward to more great initiatives to come in the New Year.
Please help support Local Journalism in Belize
For the first time in the history of the island's community newspaper, The San Pedro Sun is appealing to their thousands of readers to help support the paper during the COVID-19 pandemic. Since 1991 we have tirelessly provided vital local and national news. Now, more than ever, our community depends on us for trustworthy reporting, but our hard work comes with a cost. We need your support to keep delivering the news you rely on each and every day. Every reader contribution, however big or small, is so valuable. Please support us by making a contribution.Click to Donate
Follow The San Pedro Sun News on Twitter, become a fan on Facebook. Stay updated via RSS


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6 edition of The little book of birding found in the catalog.
|Statement||by George H. Harrison.|
|LC Classifications||QL676 .H3 1998|
|The Physical Object|
|Pagination||112 p. :|
|Number of Pages||112|
|LC Control Number||98010162|
Editor’s note: The following in-depth treatment of the white herons and egrets of North America is excerpted from Better Birding: Tips, Tools & Concepts for the Field, by George Armistead and Brian Sullivan (Princeton University Press). The new book is not a field guide—it’s an exploration of the fine points of identification that anyone can learn with some patient study of similar species. Whether you are giving gifts to others or to yourself this holiday season, this list of the best popular science books of about birds and birding is a great place to start reading and giftingAuthor: Grrlscientist.
Barnes’s book is like a lively, meandering pub conversation with a birdy companion — chatty, but often choppy and a little repetitive. Few topics . The book is small enough to carry on a walk, and each profile is just a few pages long — perfect for a quick read at bedtime, during a car ride or, ideally, while Author: Christine Petersen.
Best Guide for Visitors to the U.S.: The Crossley ID Guide: Eastern Birds. The great innovation of the new Crossley guide is the use of multiple photos for each species, showing the bird from the variety of angles that one might encounter in the field. However, the most useful elements are the large background habitat photos, putting each. Audubon Birdhouse Book: Building, Placing, and Maintaining Great Homes for Great Birds. Margaret Barker & Elissa Wolfson pp Guide: Glossy with lots of pictures, how to build and place DIY, mostly easy-to-build bird houses for 20 North American species, from wrens to ers noted much on geography, or how to clean out boxes.
New-York, November 5, 1773. To the friends of liberty and commerce.
Children in other lands
Electric Power Engineering Handbook
Judgments of the Israel Supreme Court
banking and financial system in Portugal.
Principles of money, banking, and financial markets
Sounding the depths
Clinical nutrition managers responsibilities and professional development strategies
Like the Little Book of Flyfishing, The Little Book of Birding is a fine complement to a very small coffee table. While there are few birdwatching tips--in fact, sparse text at all--the color photos are often memorable (to birders, at least) and the overall tone is as amiable as can be.5/5(1).
This book would be useful for young, beginning birders. (Veronica Uzielli Green Teacher Magazine ) What sets The Little Book of Backyard Bird Songs apart from other introductory bird identification books is the last word in its title/5().
The "Little Book Of Birding" captures our fasination and relationship with birds in the wild. This book is an exploration into the world of birds from the watchers' point of view, and invites us to further explore and actively participate in their cycles of life.
This expert bird field guide offers tips for beginners and practiced birders alike for the ultimate birding adventure. Sized for a backpack or pocket, this page volume covers species (each with a photograph and range map) with local expertise.
The 12 Best Books About Birds And Birding In This sweet little book book will find its greatest appeal with beginning bird watchers, and with travelers who dream of birding the British Author: Grrlscientist. Bird Neighbors () by Neltje Blanchan was an early birding book which sold overcopies.
It was illustrated with color photographs of stuffed birds. The Field Guide to the Birds by Roger Tory Peterson is regarded as the key birding book of the 20th century, due to its impact on the development and popularisation of birding. American birding, distilled to its essence—the legacy of Emerson, Thoreau, Muir, Mayr, Peterson, Carson, and millions more who find fascination and solace in the lives of birds.
As you continue your birding odyssey, this little book will guide you toward practices. Buy The Little Book of Birdwatching (): A Practical Guide to Birdwatching: NHBS - Colin Salter, Green Umbrella Productions. Bird lovers will flock to this whimsical and endearing celebration of the avian world.
Packed with all things feathered--but not flighty--The Little Big Book of Birds offers literature, poetry, trivia, helpful tips, humor, recipes, profiles of respected birders, and advice for the seasoned birder and the beginner your binoculars and hit the trail, or curl up in/5. With simple, informative text and stunning photographs, The Little Book of Birding is a fascinating book perfect for anyone who likes birds.
This book is an exploration into the world of birds from a watchers' point of view. Renowned author, photographer and bird-watching enthusiast George Harrison provides more than a glimpse into the unpredictable avian world.
This book deals with all the mammals excluding bats and small rodents but including squirrels, treeshrews and cetaceans.
This informative little book is great for tucking into a pocket when out birding for reference when seeing mammals along the way. Children's birding book takes ex-Abilenian's art to new heights.
Jessalyn Claire (Massingill) Beasley's first work wins awards while inspiring curiosity. A splendid little book for new birdwatchers. Backyard Birds: Looking Through the Glass available at Amazon.
Many people start looking at birds in their backyards. The process of going beyond just feeding the birds to actually watching them and learn what they are, as well as get familiar with their habits, is what takes the bird-feeder to the.
“The Blues Go Birding Across America is the first of five books in the new series,” said Fuller, who will read and sign books at The Bookworm of Edwards on Tuesday. And just completed for August release, second book is The Blues Go Birding at Wild America Shores. — The Vail Daily (February ).
Free Printable Bird Book for Birding with Kids - Buggy and Buddy - - Free Printable Bird Book for Birding with Kids – Buggy and Buddy Arbeitsblätter Kostenloses druckbares Vogelbuch zum Vogelbeobachten mit Kindern – Buggy und Buddy Here& a free printable for birding with kids.
Birding with children is one of our favorite things to do. Little Birds is Anaïs Nin's second published work of erotica, which appeared in two years after her death, but was apparently written in the early s when she was part of a group "writing pornography for a dollar a day.".
The book is a collection of thirteen short stories. The sexual topics covered are quite varied, ranging from pedophilia to lesbianism, but linked by an interest in Author: Anaïs Nin.
Here's a free printable for birding with kids. Birding with children is one of our favorite things to do. Birdwatching is free, you can do it just about anywhere, and it's a great learning opportunity that takes place right outside.
Want to do some Bird watching with the kids this summer and the grandparents. This little book will be perfect. A Field Guide to Little-Known and Seldom Seen Birds of North America is just a damn funny, well-observed, thorough and insightful parody, a book that rolls gleefully rolls in the mud of birding nerdiness and comes out squeaky clean.
Buy Little Book of Bird Watching from Waterstones today. Click and Collect from your local Waterstones or get FREE UK delivery on orders over £Pages: Bird Stamps: A Little Golden Activity Book When I was four years old, my Grandpa gave me my very first book: Bird Stamps: A Little Golden Activity Book, originally published in Being rather precocious, I’d already memorized the entire entry about birds in our family encyclopedia, but that encyclopedia was in black and white.
Little Bird Books, Los Angeles, California. likes. An organisation supporting authors and creatives actualise their dreams and artistic and literary ambitions. Conferences, retreats, seminars, Followers: "Evocative and superbly erotic, Little Birds is a powerful journey into the mysterious world of sex and sensuality.
From the beach towns of Normandy to the streets of New Orleans, these thirteen vignettes introduce us to a covetous French painter, a sleepless wanderer of the night, a guitar-playing gypsy, and a host of others who yearn for and dive into the turbulent depths of romantic experience.Sesame Street Big Bird's Red Book A Little Golden Book Vintage Children's Book TammysFindings 5 out of 5 stars () $ $ $ (10% off).

domain: hobby


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347 F.3d 1107 (9th Cir. 2003), 02-35020, Kaiser v. Blue Cross of California
|Citation:||347 F.3d 1107|
|Party Name:||Kaiser v. Blue Cross of California|
|Case Date:||October 28, 2003|
|Court:||United States Courts of Appeals, Court of Appeals for the Ninth Circuit|
Submitted May 8, 2003. [*]
[Copyrighted Material Omitted]
Donald W. Lojek, Lojek Law Offices, Chtd., Boise, ID, for the plaintiffs-appellants.
Thomas E. Moss and Alan G. Burrow, Department of Health and Human Services and Blue Cross of California, Boise, ID, for the defendants-appellees.
Appeal from the United States District Court for the District of Idaho, Edward J. Lodge, District Judge, Presiding.
Before: CUDAHY, [**] O'SCANNLAIN and GOULD, Circuit Judges.
CUDAHY, Circuit Judge.
The Kaisers owned and operated an Idaho home health agency called Community Home Health, which was a Medicare provider operating under fiscal intdit diary Blue Cross of California. In 1998, after Blue Cross ceased making payments to Community Home Health on account of Blue Cross's previous overpayments, Community Home Health entered Chapter 7 bankruptcy. The Kaisers sued Blue Cross and the federal government on constitutional, statutory and common law claims, asserting that Blue Cross and the federal government acted improperly in their relationship with Community Home Health. The district court dismissed the case, finding no jurisdiction absent exhaustion of administrative review. 42 U.S.C. § 405(g), (h). The Kaisers appeal, arguing that the nature of their claims makes administrative procedures inapposite. Because their claims arise under Medicare, we affirm.
Because this case was dismissed for lack of subject matter jurisdiction, we construe all facts in the light most favorable to the plaintiffs. Warren v. Fox Family Worldwide, Inc., 328 F.3d 1136, 1139 (9th Cir. 2003).
Medicare, first enacted in 1965, provides health insurance to eligible aged and disabled persons. Among the services covered
under Medicare are home health services, such as part-time nursing care, physical therapy and home health aid services. 42 U.S.C. § 1395d. An agency within the Department of Health and Human Services, the Health Care Financing Agency (HCFA, recently renamed the Centers for Medicare and Medicaid Services, or CMS), oversees the program. Home health care providers, like other Medicare providers, coordinate with the HCFA through "fiscal intermediaries," private insurance companies that contract with the HCFA to serve as agents for functions such as claims processing. 42 U.S.C. § 1395h. Blue Cross of California is such a fiscal intermediary.
Gary and Verlene Kaiser (along with the other individual plaintiffs in this lawsuit 1) were shareholders of Community Home Health (CHH), an Idaho corporation providing home health services to some 500 clients in central and southwest Idaho. Since almost all of its patients were Medicare or Medicaid beneficiaries, CHH was highly dependent on the payments it received from the government through Blue Cross of California, the fiscal intermediary under which it operated; the government was its primary source of revenue. These payments, called periodic interim payments, were made in installments based on estimates of CHH's volume of business.
In late 1997, Congress passed the Balanced Budget Act of 1997, 105 Pub.L. No. 33, 111 Stat. 251, which directed the HCFA to promulgate new rules on the allowable costs of home health agencies, §§ 4602-03, 111 Stat. at 466-72. These regulations were issued on January 2 and March 31, 1998. Schedule of Limits on Home Health Agency Costs Per Visit, 63 Fed.Reg. 89; Schedule of Per-Beneficiary Limitations on Home Health Agency Costs, 63 Fed.Reg. 15,718. According to the Kaisers, the delay between the passage of the law and the issuance of the regulations left CHH unable to determine, for the first quarter of 1998, what costs Medicare would cover. Because of this uncertainty, CHH dramatically reduced both the number of patients it served and its visits per patient. Meanwhile, CHH kept receiving from Blue Cross periodic interim payments at relatively high levels consistent with its prior patient volume.
On April 27, 1998, CHH, recognizing that it had been over paid more than one million dollars, sent a letter to Blue Cross requesting an extended repayment plan (ERP). Blue Cross at first denied that there had been an overpayment, then solicited additional information in order to review the request. On June 4, CHH was notified that its ERP request was denied and told that 100% of its future Medicare payments would be withheld until the entire overpayment was recouped. This recoupment was proposed without issuance of a Notice of Program Reimbursement (NPR). Two weeks later, Blue Cross reversed its position and offered CHH a 23-month ERP. Nonetheless, CHH closed its operations and filed for Chapter 7 bankruptcy on June 25, 1998. The Kaisers, who had personally guaranteed some of CHH's obligations, also entered bankruptcy.
After the filing of the petition for bankruptcy, Blue Cross auditors, sent to Idaho to audit other Medicare health care providers, allegedly breached confidentiality rules and defamed CHH and its officers, adversely impacting the ability of CHH and the Kaisers to do business in Idaho or elsewhere.
CHH's bankruptcy trustee sold to the Kaisers "[a]ll receivables, claims and causes of action against federal agencies or their agents related to Medicare." Armed with this assignment, the Kaisers filed the present lawsuit. The Kaisers allege that the HCFA violated the Administrative Procedure Act, the Regulatory Flexibility Act and the Fifth Amendment in its issuance of the new home health care regulations; that Blue Cross did not negotiate an ERP in good faith, in violation of 42 C.F.R. § 401.607(d)(1); that Blue Cross wrongfully neglected to issue an NPR; that the sudden cessation of payments by the HCFA and Blue Cross violated 4 C.F.R. §§ 102.1-.20 and the Fifth Amendment; that Blue Cross breached CHH's confidentiality, defamed CHH and the Kaisers and invaded their privacy; and that Blue Cross and the government did not abide by their contractual obligations to CHH. The Kaisers maintain that Blue Cross acted at all times as the agent of the HCFA and the United States, making all three entities responsible for the Kaisers' damages.
Magistrate Judge Mikel H. Williams reviewed the defendants' Motion to Dismiss, and issued a Report and Recommendation supporting the grant of the motion. Magistrate Judge Williams agreed with the defendants that the Kaisers' claims "arose under" Medicare, and were therefore subject to the 42 U.S.C. § 405(g) requirement that claimants first exhaust administrative review. District Judge Lodge adopted this order in its entirety.
A dismissal for lack of subject matter jurisdiction is reviewed de novo. See Sommatino v. United States, 255 F.3d 704, 707 (9th Cir. 2001). A motion to dismiss should not be granted "unless it appears beyond doubt [that] the plaintiff can prove no set of facts in support of his claim that would entitle him to relief." Clegg v. Cult Awareness Network, 18 F.3d 752, 754 (9th Cir. 1994).
We ask first whether the Kaisers' claims arise under Medicare, requiring them to have exhausted their administrative remedies. Second, we consider whether any exhaustion requirement should be waived. Third, we decide whether the case should be transferred to the Court of Federal Claims. Finally, we ask whether, for any claims that might not be subject to the exhaustion requirement, jurisdiction is barred by sovereign immunity.
"No action against the United States, the [Secretary of Health and Human Services], or any officer or employee thereof shall be brought under section 1331 or 1346 of Title 28 to recover on any claim arising under this subchapter." 42 U.S.C. § 405(h) (made applicable to Medicare and modified by 42 U.S.C. § 1395ii). Jurisdiction over cases "arising under" Medicare exists only under 42 U.S.C. § 405(g), which requires an agency decision in advance of judicial review. 42 U.S.C. § 405(g) ("Any individual, after any final decision of the [Secretary] made after a hearing to which he was a...
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