text:
9 O.s.h. Cas.(bna) 1568, 1981 O.s.h.d. (cch) P 25,325baldwin Metals Company, Inc., Plaintiff-appellee, v. Raymond J. Donovan, Secretary of Labor, Etc., Andoccupational Safety and Health Review Commission,defendants-appellants.mosher Steel Company, a Division of Trinity Industries,plaintiff-appellee, v. Raymond J. Donovan, Secretary of Labor et al., Defendants-appellants, 642 F.2d 768 (5th Cir. 1979)Annotate this Case
April 13, 1981.
Laura V. Fargas, Carin A. Clauss, Sol. of Labor, Allen H. Feldman, Acting Counsel for Appellate Litigation, Charles I. Hadden, Acting Asst. Counsel for Appellate Litigation, Ann D. Nachbar, Benjamin W. Mintz, Associate Sol., U. S. Dept. of Labor, Washington, D. C., Jamie C. Boyd, U. S. Atty., Jeremiah Handy, Asst. U. S. Atty., San Antonio, Tex., James E. White, Regional Sol., U. S. Dept. of Labor, Dallas, Tex., for Donovan.
Al J. Daniel, Ronald R. Glancz, Appellate Staff, Civ. Div., U. S. Dept. of Justice, Washington, D. C., for O.S.H.R.C.
McCarty & Wilson, Robert E. Rader, Jr., Ennis, Tex., for plaintiffs-appellees.
Charles A. Blackmar, Jane Ellen Nelson, Christopher S. Bond, Kansas City, Mo., for Frisco Engineering Fabrication Erection Co., Inc., amicus curiae.
Appeals from the United States District Court for the Northern District of Texas.
Appeal from the United States District Court for the Western District of Texas.
Before GOLDBERG, POLITZ and SAM D. JOHNSON, Circuit Judges.
GOLDBERG, Circuit Judge:
In Marshall v. Barlows, Inc., 436 U.S. 307, 98 S. Ct. 1816, 56 L. Ed. 2d 305 (1978), the Supreme Cartographer placed us on the Constitutional highway governing the validity of search warrants issued for OSHA1 investigations. Although this is the Fifth Circuit's first trip along this road, possible routes and destinations have been mapped out by four of our sister circuits.2 Because we believe that the geodetics proposed by the First, Third and Eighth Circuits provide the better approaches, we now number ourselves among the mapmakers sanctioning these routes.
I. Beginning the Journey: Checking the Rearview Mirror
Prior to 1978, it was thought that section 8(a) of the Occupational Safety and Health Act of 19703 authorized warrantless searches by OSHA officials. See Secretary of Labor v. Chromalloy American Corp., OSHRC No. 77-2788, 7 OSHC (BNA) 1547 (Rev.Comm'n July 17, 1979). Problems associated with reviewing the validity of OSHA search warrants never arose, since there was no need to obtain a warrant in order to conduct an OSHA search. However, once the Supreme Court in Barlows, supra, held that the authorization of warrantless OSHA searches was unconstitutional, the courts were forced to decide when and where challenges to the OSHA search warrants were to be litigated.
The problem of reviewing the validity of OSHA search warrants was especially troublesome when Occupational Safety and Health Review Commission (OSHRC) proceedings had already been initiated. In such cases, tension was created between district court review of federal magistrates and the time-honored doctrine of exhaustion of administrative remedies. Since the warrants are issued by federal magistrates, and since review of magistrates' decisions is ordinarily entrusted to the district court,4 the federal district courthouse would seem to be the best place to litigate the validity of OSHA warrants. However, once the administrative process has begun, the exhaustion of administrative remedies doctrine would preclude judicial review until a final agency decision is rendered. Since OSHRC decisions are directly appealable to the circuit courts of appeals, judicial review of a warrant's validity would not take place until the appellate stage, thereby totally bypassing district court review of the magistrate's decision to issue a warrant. With these conflicting policies and rules of law in mind, we begin our journey through the OSHA enforcement process.
II. A Drive Through Baldwin Metals and Mosher Steel
The consolidated appeals before us present strikingly similar cases in which the pertinent facts are virtually undisputed. No. 79-2548 involves Baldwin Metals Co. ("Baldwin") of Dallas, Texas. In November 1978, OSHA officials attempted to investigate safety conditions at Baldwin's plant and were refused admission. They subsequently applied for and were granted an inspection warrant issued by a United States Magistrate for the Northern District of Texas. The OSHA officials returned to the plant armed with the warrant and were allowed to enter.5 Based upon the evidence uncovered during the search, OSHA citations were issued against Baldwin in January 1979. Baldwin subsequently filed a complaint in district court seeking a declaration that the warrant was unconstitutional, an order suppressing the use of any evidence obtained pursuant to the warrant, and an injunction prohibiting OSHA from taking further action based on the allegedly unconstitutional search. In addition, in order to prevent any immediate OSHA action, Baldwin asked for a preliminary injunction seeking essentially the same relief. The district court granted the preliminary injunction and this appeal followed.
No. 79-2870 involves Mosher Steel Co. ("Mosher") and its plant in San Antonio, Texas. On November 27, 1978, OSHA officials, having already obtained an inspection warrant, attempted to search Mosher's plant but were not permitted entry. Two days later the officials returned, and were allowed to enter over the protests of Mosher's representatives.6 The officials conducted a search of the premises, and issued citations based on the evidence seized during the search. Mosher filed a complaint in federal district court seeking a declaration that the warrant was unconstitutional, an order suppressing the use of any evidence obtained pursuant to the warrant, and an injunction prohibiting OSHA from taking further action based on the allegedly unconstitutional search. The district judge granted the declaratory and injunctive relief requested by Mosher, and this appeal followed.
The issue presented in both cases is whether a federal district court may properly declare an OSHA search warrant to be invalid, and may enjoin the use of evidence seized pursuant to the warrant, before a final administrative decision has been rendered. We now examine this issue, first in light of the exhaustion of remedies doctrine, and then in light of the exercise of equitable jurisdiction.
III. The First Stop Along the Road: Trouble With the Exhaust System
Any examination of the exhaustion of administrative remedies doctrine should begin with the classic pronunciation by the United States Supreme Court that "no one is entitled to judicial relief for a supposed or threatened injury until the prescribed administrative remedy has been exhausted." Myers v. Bethlehem Shipbuilding Corp., 303 U.S. 41, 50-51, 58 S. Ct. 459, 463, 82 L. Ed. 638 (1938); see McClendon v. Jackson Television, Inc., 603 F.2d 1174 (5th Cir. 1979); In re Restland Memorial Park, 540 F.2d 626 (3d Cir. 1976); Barnes v. Chatterton, 515 F.2d 916 (3d Cir. 1975). However, the rule has numerous exceptions and exhaustion of remedies is not required in all circumstances. See, e. g., Weyerhaeuser, supra; Cerro Metal Products v. Marshall, 620 F.2d 964 (3d Cir. 1980); Rhodes v. United States, 574 F.2d 1179 (5th Cir. 1978); American Federation of Government Employees, Local 1668 v. Dunn, 561 F.2d 1310 (9th Cir. 1977). In the cases at bar we must thus determine whether the policies behind the exhaustion of remedies rule would be served by requiring exhaustion, and whether any exception to the exhaustion rule applies to the facts before us.
The reasons for the exhaustion of administrative remedies doctrine include protecting administrative autonomy, deferring to agency expertise, facilitating judicial review through creation of a factual record by the agency, and conserving the time and energy of the courts since the judicial controversy may be mooted if the agency grants the relief sought. See Dunn, supra, 561 F.2d at 1314; Ecology Center of Louisiana, Inc. v. Coleman, 515 F.2d 860 (5th Cir. 1975). In a case similar to the ones at bar today, the Seventh Circuit held that because the reasons underlying the exhaustion doctrine did not fit the facts of the case before it, exhaustion of remedies was not required. Weyerhaeuser, supra, 592 F.2d at 376. Since the constitutional challenges in the cases at bar and in the Seventh Circuit's case all involve the facial validity of a warrant, a factual record is not required for judicial review, and we agree with the Seventh Circuit's rejection of this rationale. Moreover, we agree with the Seventh Circuit's conclusion that interests of agency expertise do not require exhaustion, since agency officials have no special expertise which would make them adept at handling issues concerning the constitutional validity of warrants. However, we disagree with the determination that constitutional issues may not be mooted by an agency decision in favor of the allegedly aggrieved party, and we find that interests of administrative autonomy weigh in favor of requiring exhaustion of remedies in cases like the ones at bar. Therefore, we disagree with the conclusion of the Seventh Circuit, and we hold that the exhaustion of remedies rule applies to the present cases.
The Seventh Circuit found that there was no possibility of mooting the issue of the warrant's constitutionality, since if the warrant and subsequent search were unconstitutional, the fourth amendment injury would remain even if the citations were dismissed. Id. at 376. The court thus distinguished between the injury resulting from the citations and the injury resulting from the search, and held that while a favorable ruling by OSHRC might relieve the former, it could not affect the latter. However, the declaratory and injunctive relief sought in cases like the one before the Seventh Circuit and the ones at bar merely seeks to preclude administrative action based on the allegedly unconstitutional searches. If the OSHA citations against the administrative defendants are dismissed for any reason, the injunctive and declaratory relief sought in federal court would be of no value. Hence, while the alleged injury resulting from the search is indeed different than the alleged injury resulting from the citations, the relief sought in cases like the ones at bar concerns the latter. Since the issue might therefore be mooted by dismissal of the citations in the administrative proceeding, the rationale behind the exhaustion of remedies doctrine applies.7
Applying this analysis to the cases at bar, it is clear that OSHRC decisions in favor of Baldwin and Mosher will moot the issues of the warrants' constitutionality. If the citations against Baldwin and Mosher are resolved in the companies' favor for any reason, there will be no need for declaratory and injunctive relief regarding the warrants. Indeed, if the OSHA citations pursuant to the warrants are dismissed, granting the declaratory and injunctive relief requested would serve no purpose other than to announce to the world that the searches conducted were unconstitutional.8 See Babcock & Wilcox, supra, 610 F.2d at 1138.
Additionally, requiring exhaustion of remedies in the cases at bar would serve to protect the autonomy of OSHRC enforcement proceedings. Allowing the district courts to consider requests for declaratory and injunctive relief concerning OSHA warrants prior to a final administrative decision invites dilatory tactics by companies faced with an enforcement proceeding. See Babcock & Wilcox, supra, 610 F.2d at 1140; Quality Products, supra, 592 F.2d at 616; infra, page 776. Requiring exhaustion of remedies thus prevents administrative defendants from throwing a wrench into the enforcement machinery.9
Once it has been determined that there is a valid reason for applying the exhaustion of remedies doctrine, the exceptions to the rule must be considered. If resort to the prescribed administrative procedures would be futile or inadequate to prevent irreparable injury, or if blatant violations of constitutional or statutory rights have already occurred, the exhaustion of administrative remedies should not be required. Rhodes v. United States, 574 F.2d 1179 (5th Cir. 1978); Susquehanna Valley Alliance v. Three Mile Island Nuclear Reactor, 619 F.2d 231 (3d Cir. 1980); Barnes, supra, 515 F.2d at 920-21. In the cases before us, the allegedly improper searches do not present "clear" or "unambiguous" violations of constitutional or statutory rights, and so this exception to the exhaustion of remedies rule is inapplicable. Moreover, we are presented with no evidence that agency review before OSHRC would be futile, and so this exception is inapplicable as well. The only exception to the exhaustion doctrine which merits extended discussion in these cases is the possibility that irreparable harm will result if the exhaustion of remedies requirement is applied. Appellees make two arguments in this regard.
First, Baldwin and Mosher argue that requiring exhaustion of remedies in these cases violates the separation of powers guaranteed by the Constitution. They suggest that allowing OSHRC to hear the case prior to any judicial hearing invites an executive agency Review Commission to make constitutional rulings on the warrant's validity and denies the companies their right to judicial review of constitutional issues. Appellees' argument ignores the appellate process by which OSHRC decisions are reviewed. The administrative defendants have the right to appeal adverse OSHRC rulings to the courts of appeals, and judicial review of constitutional issues such as the validity of a warrant may take place at this level.10 See 29 U.S.C.A. § 660(a) (West 1975). No injury to defendants can occur, since review of the OSHRC decision will be heard by the same court of appeals which would have reviewed a federal district court's decision concerning the constitutionality of a warrant. See Babcock & Wilcox, supra, 610 F.2d at 1140. Hence, since judicial review of the warrant's constitutionality is guaranteed by the right to appeal adverse OSHRC rulings to a federal court of appeals, Baldwin and Mosher will suffer no irreparable injury by being required to exhaust administrative remedies before bringing their claims to federal court.11
The second irreparable injury claimed by Baldwin and Mosher is that requiring exhaustion of remedies in the cases at bar would force them to defend against unconstitutionally seized evidence in the administrative proceeding. This argument is puzzling, since the irreparable injury from the search itself has already been accomplished and therefore cannot be avoided, and since any injury due to an erroneous admission by OSHRC of the allegedly unconstitutionally seized evidence can be "repaired" by judicial review of the OSHRC decision, and is therefore not "irreparable."12 Appellees' argument seems to misconstrue the nature of a fourth amendment injury. The wrong is accomplished by the unconstitutional search itself; use of illegally seized evidence in future proceedings, subject to reversal on appeal, does not constitute a new injury. See United States v. Calandra, 414 U.S. 338, 94 S. Ct. 613, 619-23, 38 L. Ed. 2d 561 (1974); Linkletter v. Walker, 381 U.S. 618, 85 S. Ct. 1731, 14 L. Ed. 2d 601 (1965); Babcock & Wilcox, supra, 610 F.2d at 1134. Hence, appellees will not be irreparably harmed if they are forced to defend against unconstitutionally seized evidence, as long as judicial review of the alleged constitutional violation is available to ensure that the evidence will eventually be excluded if it is found to have been unconstitutionally obtained. Since such a review process is provided in the cases at bar, no irreparable injury can be found.13
As noted above, the Seventh Circuit has considered the exhaustion of remedies issue before us today, and has reached a result contrary to that reached here based on its conclusion that the rationale behind the exhaustion of remedies doctrine does not apply to this situation.14 Weyerhaeuser, supra; see Morris v. United States Department of Labor, 439 F. Supp. 1014 (S.D. Ill. 1977). However, shortly after the Seventh Circuit's decision in Weyerhaeuser, the Third Circuit issued its opinion in Babcock & Wilcox Co. v. Marshall, supra, 610 F.2d 1128, creating a split in the circuits and providing the route which we have followed in analyzing the exhaustion of remedies issue in the cases at bar. The fact pattern in Babcock & Wilcox was quite similar to that in the cases before us today, and the Third Circuit held that exhaustion of administrative remedies was required before a federal court could consider constitutional claims regarding administrative inspection warrants. Having considered the analyses of both the Seventh and Third Circuits, we have concluded that the latter provides the better approach for the reasons detailed above.
In the cases at bar, we find no reason to excuse Baldwin Metals or Mosher Steel from the exhaustion of remedies requirement. An OSHRC decision favorable to Baldwin or Mosher would moot constitutional issues and make judicial intervention unnecessary. In addition, requiring exhaustion of remedies serves to protect the autonomy of OSHRC proceedings. Moreover, since judicial review of the allegedly unconstitutional warrants is provided in the appellate review of OSHRC decisions by a federal circuit court of appeals, no irreparable injury is suffered. Based upon the above analysis and upon the Third Circuit's thoughtful opinion in Babcock & Wilcox, supra, we hold that judicial review of the administrative warrants in these cases should be postponed until Baldwin and Mosher have exhausted their administrative remedies.
IV. The Second Stop Along the Road: Adjusting the Alignment and Balance
The principles controlling the exercise of equitable jurisdiction provide another basis upon which the district courts should have declined to hear the cases at bar. It is clear that a court must choose to exercise its equitable jurisdiction before it can consider the constitutionality of evidence in a proceeding other than that in which the evidence is to be used. Hunsucker v. Phinney, 497 F.2d 29, 32-33 (5th Cir. 1974), cert. denied, 420 U.S. 927, 95 S. Ct. 1124, 43 L. Ed. 2d 397 (1975). Before a court should exercise this equitable jurisdiction, it should carefully weigh the danger of an irreparable injury, the existence of a callous disregard of constitutional rights and the possibility of an inadequate remedy at law. Id. at 34 & n.7. As noted above, none of these criteria are satisfied in the case at bar.15 We have been presented with no evidence of a callous disregard by OSHA officials for the constitutional rights of the companies. Moreover, there is no possibility of irreparable injuries resulting in the cases at bar, since the searches have already taken place, and since judicial review of the search warrants' constitutionality at the appellate level provides an adequate remedy at law.16 Because the Hunsucker criteria are absent in this case, the district court should have refused to exercise its equitable jurisdiction.17
Two recent decisions by the First18 and Eighth19 Circuits lend support to this analysis. Although the procedural context in both cases differs slightly from that in the cases before us today, the differences are unimportant,20 and the analyses of these cases leads us to conclude that the district court's equitable jurisdiction should not have been exercised in the cases at bar.
In Quality Products, the First Circuit was faced with reviewing a motion in district court to quash an OSHA search warrant and to suppress its fruits after OSHRC proceedings were begun, but before a final administrative decision had been rendered. The court noted that the suppression of evidence would involve the exercise of equitable jurisdiction by the district court, and citing this court's decision in Hunsucker, supra, found that the balance of equities weighed against exercising jurisdiction. Quality Products, supra, 592 F.2d at 614-16. First of all, the court noted that the exercise of equitable jurisdiction would result in piecemeal adjudications and would encourage delay and waste since the district court action to quash the warrant and suppress the evidence was separate from the OSHRC proceeding. Id. at 614 & n.4. Moreover, the court found that Quality Products had an adequate legal remedy since the challenge to the warrant would be considered in the OSHA enforcement proceedings "if not by the Commission then by the Court of Appeals." Id. at 615 (citations omitted). In addition, the court found that policy considerations weighed against the exercise of equitable jurisdiction, since "(t)he practice of considering motions to suppress in proceedings separate from the proceedings at which the evidence would be used would afford much opportunity for abuse for dilatory purposes, to the detriment and possible disruption of effective law enforcement." Id. at 616. The court concluded that since there was another adequate remedy, since there had been no callous disregard for constitutional rights, and since no equitable remedy was needed to avoid irreparable injury, Hunsucker precluded the exercise of equitable jurisdiction.
The Eighth Circuit took a similar approach and reached a similar conclusion in Central Mine, supra. The court, citing Hunsucker, supra, and Quality Products, supra, noted that it agreed "with the First and Fifth Circuits that equitable jurisdiction should not be exercised unless the plaintiff 'clearly demonstrates that his constitutional rights cannot be adequately adjudicated in the pending or anticipated enforcement proceedings against him.' " Central Mine, supra, 608 F.2d at 721. Because the plaintiff had made no such showing, the court held that the exercise of equitable jurisdiction was improper. Moreover, the fact that the administrative proceeding before OSHRC had not yet been initiated did not require a different result, since the warrant had already been executed and the allegedly unconstitutional search had already been made.If the Secretary commences a statutory enforcement proceeding against Central Mine, Central Mine may then raise its challenge to the validity of the search under which the evidence was obtained. Even if the Commission will not consider this challenge, the Occupational Safety and Health Act provides for appeal to a Court of Appeals which could consider the constitutional issue. We cannot say that these proceedings will not afford Central Mine an adequate remedy for any constitutional violation which may have occurred. On the other hand, if the Secretary elects or has elected not to bring an enforcement proceeding against Central Mine, we cannot hold that the plaintiff is suffering or will suffer from any irreparable harm that warrants the exercise of equitable jurisdiction.
Id. at 721-22. In other words, if administrative proceedings are brought, the company has an adequate remedy provided by the OSHRC review process, culminating in appeal to a federal circuit court; if proceedings are not brought, then declaring the search unconstitutional or suppressing its fruits is unnecessary and provides the company with no relief. Whether or not administrative proceedings have been initiated, district courts should refrain from exercising jurisdiction in cases like this one.21
Because Baldwin and Mosher have shown no irreparable injury, no callous disregard of constitutional rights and no possibility of an inadequate remedy at law, we hold that the district courts improperly exercised equitable jurisdiction in these cases. Although the procedural contexts of the Central Mine and Quality Products cases differ slightly from those in the cases at bar, the same equitable considerations that apply to motions to quash a warrant and to suppress the fruits of the subsequent search, should apply to actions for declaratory and injunctive relief seeking essentially the same result. The Central Mine/Quality Products analysis is therefore appropriate here, and the district courts should not have exercised their equitable jurisdiction in these cases.
Our less-than-scenic drive today has led us to conclude that the path proposed by the Seventh Circuit leads to a cul de sac, while the routes mapped out by the First, Third and Eighth Circuits provide a productive (if not pleasant) journey. We therefore have decided that the district courts in both cases at bar should have slammed on their brakes and refrained from exercising jurisdiction. Because they did not do so, we have had to take our turn in the driver's seat. Having driven far enough, we now give the wheel back to the district courts with adequate directions to complete the trip:
Both the doctrine of exhaustion of administrative remedies and the principles of equity jurisdiction preclude the exercise of jurisdiction in these cases. We therefore vacate the preliminary injunction granted in No. 79-2548 and the injunctive and declaratory relief granted in No. 79-2870. We remand both cases to the district courts with instructions to dismiss the actions brought by Baldwin Metals and Mosher Steel.
VACATED AND REMANDED.
Occupational Safety and Health Administration
Compare Babcock & Wilcox Co. v. Marshall, 610 F.2d 1128 (3d Cir. 1979) and Marshall v. Central Mine Equipment Co., 608 F.2d 719 (8th Cir. 1979) and In re Worksite Inspection of Quality Products, Inc., 592 F.2d 611 (1st Cir. 1979) with Weyerhaeuser Co. v. Marshall, 592 F.2d 373 (7th Cir. 1979)
29 U.S.C.A. § 657(a) (West 1975)
See Weyerhaeuser, supra, 592 F.2d at 377; Bruno v. Hamilton, 521 F.2d 114, 116 (8th Cir. 1975)
Baldwin claims that its representatives "strongly protested this invasion of Baldwin's constitutional rights and allowed the compliance officers to enter only because of the threatened contempt action against Baldwin." Brief for Appellee at 3
Mosher claims that the OSHA officials threatened to use physical force to gain entry, and actually pushed one employee aside from the plant entrance. Brief for Appellee at 5-6
The possibility of mooting constitutional issues by an agency decision favorable to the allegedly aggrieved party may alone be enough to require exhaustion of remedies. See Public Utilities Commission of California v. United States, 355 U.S. 534, 78 S. Ct. 446, 2 L. Ed. 2d 470 (1958); Aircraft & Diesel Equipment Corp. v. Hirsch, 331 U.S. 752, 67 S. Ct. 1493, 91 L. Ed. 1796 (1947); Moore v. City of E. Cleveland, 431 U.S. 494, 97 S. Ct. 1932, 1948-49, 52 L. Ed. 2d 531 (1977) (Burger, C. J., dissenting)
It is possible though indeed unlikely that even if the OSHA citations against Mosher and Baldwin were dismissed, the evidence from the allegedly illegal search would be used in a subsequent OSHA proceeding against one of the companies. This possibility does not change the result in this case, since if such a future proceeding was brought, a decision by the agency favorable to Mosher or Baldwin would again serve to moot the constitutional issue. Hence, exhaustion of administrative remedies would again be required
"Were an employer given the power to invoke the district court's jurisdiction on the eve of a scheduled hearing before the Review Commission whenever an inspection warrant is challenged on constitutional grounds, we might well sunder the statutory balance between swift abatement of dangerous conditions and due process protections." Babcock & Wilcox, supra, 610 F.2d at 1140
This bypasses the normal step of district court supervision of its magistrates' decisions to issue warrants, but this bypass is indeed a small price to pay in order to protect administrative autonomy and to create the possibility of making judicial intervention unnecessary if the OSHRC decides in favor of the defendants
OSHRC believes that it is competent to address constitutional issues and to review the magistrate's decision to issue a warrant. See Chromalloy American Corp., supra; see, e. g., Secretary of Labor v. Moulded Acoustical Products, OSHRC No. 79-1274 (June 12, 1979). Our brethern of the Third Circuit choose to characterize this function in a different way, and suggest that the Review Commission must inevitably decide whether to consider seized evidence, and that this involves a judgment as to the warrant's propriety
(T)he decision to issue the inspection warrant is complete and cannot be negated. If the challenge (to the warrant's validity) is raised by (the administrative defendant), the problem for the Review Commission will be whether to use the evidence obtained from the inspection. In deciding whether to use this evidence the Review Commission must of course, makes (sic) its own judgment as to the propriety of the warrant, but such a determination does not reverse the magistrate's action, nor does it contravene a judicial order. The OSHA official would not be in contempt if he were to decide not to execute a warrant signed by the magistrate, and an administrative tribunal does not flout the authority of the judiciary by refusing to consider evidence that has been obtained pursuant to a warrant issued by a judge or magistrate.
Babcock & Wilcox, supra, 610 F.2d at 1136 (footnotes omitted). But see Rader, Lewis & Ehlke, OSHA Warrants and the Exhaustion Doctrine: May the Occupational Safety & Health Review Commission Rule on the Validity of Federal Court Warrants?, 84 Dick.L.Rev. 567 (1980); Note, Procedures for Attacking OSHA Inspection Warrants, 66 Va. L. Rev. 983 (1980). Since we hold that the appellate process adequately ensures judicial review of a warrant's constitutionality, and since we are not faced with a case in which the Review Commission has purported to make a constitutional decision, we do not reach this issue.
The relief sought in the case at bar seeks to ensure exclusion of the seized evidence at pending or future proceedings. Requiring exhaustion of remedies does not jeopardize the exclusion of inadmissible evidence, since judicial review of admissibility will take place through the appeals process. Hence, any injury resulting from an erroneous admission of unconstitutional evidence by the Review Commission can be corrected by a federal court of appeals and is therefore not irreparable
This analysis applies only when the allegedly unconstitutional search has already taken place, since the irreparable harm from the search cannot be undone by enjoining the use of its fruits. However, if a federal court is asked to consider the validity of a warrant prior to its execution in a contempt proceeding, for example exhaustion of remedies will not be appropriate, since the irreparable harm of the threatened unconstitutional search can be prevented prior to the warrant's execution. E. g., Marshall v. Huffhines Steel Co., 488 F. Supp. 995 (N.D. Tex. 1979); see Babcock & Wilcox, supra, 610 F.2d at 1136
See supra, pages 771-772
See supra, pages 772-773
See 29 U.S.C.A. § 660(a) (West 1975)
The general principles controlling the grant of declaratory and injunctive relief provide insight into the rationale behind refraining from the exercise of equitable jurisdiction in cases like the ones at bar. An inadequate remedy at law and an irreparable injury should exist before a court grants injunctive relief. Beacon Theatres, Inc. v. Westover, 359 U.S. 500, 79 S. Ct. 948, 954, 3 L. Ed. 2d 988 (1959); Confederation of Police v. City of Chicago, 481 F. Supp. 566, 569 (N.D. Ill. 1980); International Association of Firefighters, Local 2069 v. City of Sylacauga, 436 F. Supp. 482 (N.D. Ala. 1977). Since there is no danger of irreparable injury in the cases at bar due to the existence of an adequate remedy, see supra, injunctive relief should not have been granted. This requirement of an irreparable injury also applies to the grant of the preliminary injunction in Baldwin. See Canal Authority of Florida v. Callaway, 489 F.2d 567 (5th Cir. 1974); Blackshear Residents Organization v. Romney, 472 F.2d 1197 (5th Cir. 1973). In addition, while irreparable injury need not be shown in order to justify declaratory relief, Diaz v. Stathis, 576 F.2d 9 (1st Cir. 1978), the court must balance a plaintiff's need for the relief against the consequences of granting the remedy, and should only grant a declaratory judgment when it would be in the public interest to do so. See Eccles v. Peoples Bank of Lakewood Village, 333 U.S. 426, 68 S. Ct. 641, 644, 92 L. Ed. 784 (1948); Exxon Corp. v. FTC, 588 F.2d 895 (3d Cir. 1978). A declaratory judgment should only be granted when the issues are fit for judicial decision, and should not be used by the judiciary to interfere in agency proceedings before a final administrative decision has been rendered. See Abbott Laboratories v. Gardner, 387 U.S. 136, 87 S. Ct. 1507, 1515, 18 L. Ed. 2d 681 (1967); Exxon Corp., supra; A. O. Smith Corp. v. FTC, 530 F.2d 515 (3d Cir. 1976). Since Baldwin and Mosher have an adequate remedy available through OSHRC review and the appeals process, see supra, their need for a declaratory judgment is slight. On the other hand, granting declaratory relief interrupts the agency proceedings and forces judicial consideration of constitutional issues which might be mooted by an administrative decision favorable to Baldwin or Mosher. See supra, pages 771-772. Moreover, granting the relief requested might jeopardize the OSHA enforcement process by enabling the defendant companies to delay OSHRC proceedings. See supra, pages 772-773 & n.9. Hence, a declaratory judgment would not be in the public interest. Finally, the discussion of the exhaustion of administrative remedies doctrine, supra, pages 771-775, makes it clear that the issues in the case are not yet fit for judicial review. See also Imperial Carpet Mills v. Consumer Products Safety Commission, 634 F.2d 871 (5th Cir. 1981). Thus the declaratory and injunctive relief sought in the cases at bar should not have been granted
In re Worksite Inspection of Quality Products, supra, 592 F.2d 611
Marshall v. Central Mine Equipment Co., supra, 608 F.2d 719
The First Circuit found that there would be no difference if the challenge to the warrant arose through a motion in district court to quash the warrant and suppress the evidence, as it did in Quality Products, or through an action for declaratory and injunctive relief, as in the cases at bar. Quality Products, supra, 592 F.2d at 615 n.5. We agree with this conclusion since the two types of actions are essentially the same
In light of the above analysis, it is unimportant whether or not administrative proceedings have already been initiated when an action concerning an administrative search is brought in federal court. Hence, Mosher's claim that its complaint was filed in district court before it received any OSHA citations, Brief for Appellee at 6, and appellants' observation that the OSHA citations were issued on the same day as Mosher's complaint was filed, Brief for the Secretary of Labor at 8-9, are irrelevant in deciding the Mosher case at bar
Because we decide this case on jurisdictional grounds, we do not reach the other issues raised on appeal


text:
Eyebrow Transplant Arizona welcome to our related content. When it comes to eyebrow transplants in Arizona, it is important to do your research before committing to a procedure. Fortunately, there are many reputable hair restoration clinics throughout the state that specialize in this type of transplant. The procedure typically involves taking hair follicles from another area of the body, such as the scalp, and transplanting them onto the eyebrow area. This can help create thicker and fuller eyebrows for those who have experienced hair loss or thinning due to genetics, aging, or medical conditions. While the procedure can be effective, it is important to have realistic expectations and understand the potential risks and side effects. It is always recommended to consult with a qualified hair restoration specialist before undergoing any type of transplant.
Eyebrow Transplant Cost
Eyebrow Transplant Cost, When it comes to the cost of eyebrow transplant, it varies depending on different factors. The location of the clinic, the expertise of the surgeon, and the extent of the procedure are some of the factors that affect the cost. In general, the cost can range from $3000 to $7000. However, it is important to note that this is just an estimate and can vary greatly depending on individual circumstances. It is recommended to consult with a qualified eyebrow transplant surgeon to get an accurate quote. Ultimately, the cost should not be the only factor considered when choosing a surgeon. It is important to prioritize quality and safety over cost to ensure a successful and satisfactory outcome.
Microblading Arizona, When it comes to microblading in Arizona, there is no shortage of options for those seeking the popular beauty treatment. However, it is important to carefully research and select a reputable and experienced provider to ensure the best results. In addition to considering the practitioner’s credentials and portfolio, it may also be helpful to read reviews and ask for referrals from friends or family. Ultimately, finding the right microblading artist can make all the difference in achieving natural-looking and long-lasting eyebrow enhancements.
We continue to produce content for you. You can search through the Google search engine.

domain: medical


text:
On Decentralized Affirmative Action Policies and Their Duration
32 Pages Posted: 11 May 2021 Last revised: 6 Jul 2022
Date Written: June 30, 2022
Successive decentralized policy makers must decide whether to implement an affirmative action policy aimed at improving the performance distribution of future generations of a targeted group in their district. Workers receive wages corresponding to their expected performance, suffer a feeling of injustice when getting less than their actual performance, and employers do not observe district by district whether workers benefited from affirmative action. We find that welfare-maximizing policy makers choose to implement affirmative action perpetually, despite the resulting feeling of injustice that eventually dominates the anticipated beneficial effect on the targeted group's performance. This is in contrast with the first-best that requires affirmative action to be temporary.
Keywords: Affirmative Action, General Equilibrium, Loss Aversion, Prospect Theory, Moral Hazard, Game Theory
JEL Classification: D40, I28, I30, J15
Suggested Citation: Suggested Citation

domain: law


text:
Why do we like sad music
Why do we like sad music? There is something magnetic and engaging in songs like Tears in Heaven by Eric Clapton or Hallelujah by Leonard Cohen. It is a musical emotion that far from overwhelming us or causing us discomfort, awakens our deepest feelings getting the world to stop, that we navigate in the introspection of our own being ...
Resultado de imagen para Why do we like sad music
We are not mistaken if we say that in the lists of the most successful songs there is always one of melancholic dyes. An example as distinctive as it is striking is that of the British singer Adele. His musical career is based on that quintessence, that of sadness, that of that permanent perfume where disappointment, ruptures, anguish and loneliness permeate lyrics like those contained in the well-known Hello.
Are we masochists? Why do we delight so much with REM Everybody Hurts and with all those titles that we get to listen in a loop even going through a bad time ourselves? Aristotle himself said in his day that music has the gift of "purging." In that first idea, what we know today as «emotional catharsis», that mechanism by which we allow ourselves to release complex feelings, sensations and emotions, was already advancing.
No one is immune to the effect of music. The brain is fascinated, moreover, studies such as the one carried out at McGill University in Quebec and led by neuropsychologist Valorie Sampoor, explain that neuronal activity in areas such as nucleus accumbens (related to rewards) would show that Music is as important to humans as food or social relationships can be.
We like sad music because our brain needs it
Those in sad music say that one of the songs that had the greatest impact on history was Nothing compares 2 U, performed by Sinead O'Connor and written by Prince in 1985. Music, lyrics and a female face crying in the foreground They are introduced almost instantly into the depths of our emotional brain. It is almost impossible not to be magnetized by a whole host of sensations, feelings that carry with us memories of the past, sequences with which we feel identified.
The fact that we can "enjoy" feeling precisely sad emotions is almost contradictory. This premise or that doubt was what led a team of psychologists, musicians, philosophers and neurologists from the University of Tokyo to conduct a series of studies.
I recommend emotional sad piano

domain: artistic


text:
Sweet & Spicy Pulled Pork tacos have that addicting sweet heat!
- : http://www.grumpyshoneybunch.com/2016/05/sweet-spicy-pulled-pork-tacos.html
Hungry for more?
A recipe for extra cheesy quesadillas filled with seasoned chicken, one of the best appetizers around. It's even great for dinner!
A hot sauce recipe made with your favorite hot peppers, garlic, honey and dark rum. Just a touch of sweet with your ideal level of heat.
Jalapeño poppers filled with cream cheese are the star of your party! This recipe makes 8 jalapeno poppers and can be made in about 25 mins.
A refreshing combination of fruit, beans and vegetables that can be served with chips or eaten over fish or poultry!
This delicious homemade salsa is filled with fresh tomatoes, peppers, onions, garlic, cilantro and lime juice plus it's super easy to make!
Pressure Cooker Mexican Beef Rice is a speedy, healthy, and one pot meal with a fiesta of flavors.

domain: food


text:
This documentary titled "The Shampoo Summit" was made by Iris Zaki, a Jewish filmmaker/shampoo girl. The documentary is a little over 7 minutes long and depicts the goings on of a hair salon called Fifi's hair salon, based in Haifa, Israel. Fifi's hair salon consists of Arab women catering to the stylistic needs of their 80% Jewish customer base.
The hair salon is based in an area with both Arabs and Jewish people and is a place where both cultures are able to interact with one another. The majority of the film takes place inside the hair sink with Iris conversating with women in the highly prone state. The decision to film the documentary in this way gives a more intimate setting as viewer feels more personal to the interviewees in most cases.
The documentary begins by detailing the starts of Iris' career as a shampoo girl, here she able to create a dialogue with Muslim-Arab women, Christian-Arab women, and Jewish women.
She begins detailing her own upbringing to an Arab worker of the store, Nawal, expressing that growing up as a Jewish-Israeli girl she was taught to "be afraid of Arabs", the Arab lady is upset by the revelation but agrees with her and states that her upbringing was similar as she was taught to be afraid of Jews.
The filmmaker ponders the number of people who have shared the same hair sink, which gives an interesting look into the Isreali life, even though there is friction between the two communities there is still an incredible amount of cross interaction from both sides, due to the similarities in lifestyles of the population.
The documentary tells various stories ranging from the political differences of school children, the different upbringing of the various women featured and one lady whose family was opposed to here visiting a hair salon run by Arabs.
Overall "The Shampoo Summit" is definitely a must-watch for anyone interested in Isreali-Palestinian relations, The artistic choice to only feature the heads of women whilst they're in a wash basin may put off some viewers but their vulnerable state helps to quicken the relatability of the women featured in the documentary.

domain: sociology


Comment · print · T T T+· T- : In at least two districts of south Bengal, the progress to improve health facilities is slow and directionless, according to reports prepared by the concerned district administration. The situation is ... The Hindu, 1 month ago
Security agents stormed the offices of Botswana Gazette newspaper Wednesday afternoon armed with a court warrant to confiscate computers of the organisation. The newspaper's publisher, Shike Olsen, said the warrant that the agents were carrying ...Botswana Guardian, 2 months ago
The Directorate of Intelligence and Security Services (DISS) is the lynchpin of an elaborate crime network that helped raise funds for the ruling Botswana Democratic Party (BDP) elections campaign leaked documents compiled by deported Zambian ...Sunday Standard Botswana, 2 months ago
The Media owes a duty to the public to cover stories of corruption particularly corruption committed by politicians and business leaders. In so doing, the Media acts as a source of information to law enforcement agencies on incidents of corruption ...Sunday Standard Botswana, 2 months ago
on your WebpageAdd Widget >Get your members hooked!


text:
Video: The Voice Viktor Kiraly Sings ‘What’s Going On’ – All Four Judges Turn Around
Viktor Kiraly is not only a great singer but he is hot as heck! He may be the force to be reckoned with this season on The Voice. With all four judges turning around in their chairs, each of them were trying to convince Viktor why they would make the best choice.
Viktor was born in NY but now lives in Budhapest, Hungary. His mother was diagnosed with cancer and wanted to move back to Budhapest. She beat cancer but the family decided to stayed in Hungary.
Song: What’s Going On by Marvin Gaye
Judges Reactions: Adam turns around immediately. Blake turns around. Gwen and Pharrell turn around. We have a four chair turnaround. Adam gives him a standing ovation. Gwen runs up to him. Pharrell asks him why he sang that version. Adam tells him he is Hungary and he wants more than anything to take someone to the end. You can win this entire thing – 100%. Blake asks him if he performed a lot. He has a few singles back in Hungary on the radio. Blake thinks his voice is amazing and he sounds seasoned. Pharrell said not only do you have a good voice, but we can see your personality. Gwen said, “You already have the talent, the vibe, the music – what kind of music will you make.” He said he wants to make a soul song or a popular song. Viktor chooses TEAM ADAM.
Check out the video of Viktor’s performance on the next page.


text:
"I love apples and caramel, so I knew this recipe was going to be love at first bite. The crunchy, buttery topping is the perfect match for the gooey apple filling." – mominml
Fudgy or cake-like, plain or frosted, with nuts or without. Find a brownie recipe that's just right for your tastes.
If you're not a chocolate-lover, chances are you're a lemon bar fanatic. Bake up one of these tart and tangy recipes.
Recipe of the Day
Bittersweet Chocolate Mousse Brownies
Brownies topped with chocolate mousse and whipped cream. The height of decadence! Garnish with chocolate covered espresso beans if available.
Similar Recipes | More Daily Recipes
Layers of chocolate and coconut make these bars chewy and addictive.
Bar Cookie Collections6
Crispy Rice Treats
Peanut Butter Bars I
Frosted Banana Bars
Lemon Pie Bars
Blueberry Crumb Bars
Blonde Brownies I
Pumpkin Bars I
The Best Lemon Bars
Quick and Easy Brownies
Delicious Raspberry Oatmeal Cookie Bars
Mmm-Mmm Better Brownies
Bake Sale Lemon Bars
Cream Cheese Squares
Lemon Square Bars
Deep Dish Brownies
One Bowl Brownies
No Bake Chocolate Oat Bars
Chewy Peanut Butter Brownies
Bunny cakes, lamb cakes, chocolate eggs, and carrot cakes to nibble on.
Breakfast casseroles, drinks, fancy eggs, and brunch ideas for a sweet Easter event.
Delicious recipes, party ideas, and cooking tips! Get a year of Allrecipes magazine for $7.99!
Become a cookie decorating artist!
Follow this simple recipe for perfect homemade cookies.
See how you and your friends can decorate cookies for a good cause.


text:
Case Study: My Experience With
Dec 22, 2022 // By:aebi // No Comment
Massage therapy is a form of recovery that entails using a massage therapy specialist’s hands or lower arms to control soft tissues of the body. It is used to enhance the flow of blood, simplicity pain, and also relax muscles. A massage specialist can assist you recuperate from an injury or enhance your health and wellness, and might be covered by some insurance coverage strategies. When you are selecting a massage therapist, you must ask them regarding their training as well as experience. Your therapist should be accredited or signed up. You ought to likewise interact your assumptions to the therapist. If you have allergies, you need to let the therapist know before the session. Throughout a massage therapy consultation, the specialist will certainly begin by asking you concerns about your health and wellness and also present disorders. They will certainly also ask about your objectives. This is to make sure that the therapist will be able to best serve you. The specialist will certainly also take a background of your health, and describe the strategies they will make use of. After an extensive interview, the specialist will certainly relocate into a massage area and set the client on a massage table. They will then cover the client’s body with a sheet or towel. Prior to the session starts, the specialist will inquire about your case history, and the client will generally eliminate clothes to the degree of comfort. The specialist will use stress to the client’s muscle mass layers using fingers, forearms, joints, or feet. Usually, the stress is used with slow and also firm strokes. Nonetheless, there are some types of massage therapy that employ more straight stress. In addition to relieving pain and also stress, massage therapy can be helpful for a number of medical conditions. For instance, it can be practical after joint substitute surgical treatment. It can likewise boost your range of motion. In addition, it can assist with insomnia related to menopause. Massage must not be made use of for sophisticated heart disease, open skin lesions, apoplexy, contagious illness, hypertension, as well as phlebitis. While it is not dangerous to a person who is healthy, there have been uncommon reports of significant negative effects in people that have actually experienced an energetic sort of massage therapy. Many individuals take pleasure in massage treatment, and it can have a positive effect on their overall health and also well-being. Whether you’re searching for a relaxing massage, or a therapeutic massage, it is necessary to discover a massage therapy therapist that you really feel comfortable with. You can search for suggestions from pals, and utilize a directory online to locate a specialist in your area. A massage is a relaxing as well as renewing experience. It can also enhance circulation, lower high blood pressure, and also promote overall wellness. Depending upon the type of massage, the therapist may make use of oil or cream to minimize friction and also aid in leisure. Some kinds of massage leave the client aching the complying with day, but most have little to no lasting results. If you are worried about the threat of receiving a massage, you must speak with your medical professional. He or she can give information concerning any kind of pros and cons of the treatment. Additionally, inform your massage therapy specialist if you have a history of allergies, or have any type of various other wellness issues.

domain: health


Next up on Detroit Vinyl Room is our first various artists compilation made up of three well respected producers from the Detroit. Coming from different backgrounds and influences, they have each developed a unique production style that has had a positive impact in the city. Percival's 'Rebirth' Track has a very lounge appropriate sound and it's followed by Nick Speed's first released house track, unlike anything we've heard before. The record is finished off on the B side with a strong house track from Norm Talley at 45rpm. This record has been played and supported by artists like Juan Atkins and Delano Smith..


Xtenders, manufacturer of the lightest high-end superyacht tenders in the market, accepted the challenge to supply superyacht Nilaya with a 6.3 meter tender under 650kg, within the limits of the 112ft Baltic yacht's lifting equipment capacity. The challenge was agreed by a performance contract where Xtenders was to be penalized for every kg exceeding the 650kg, without compromising on quality and horsepower.
Herbert Dercksen, CEO of Xtenders explains why they took the challenge:
“Xtenders are constructed out of pre-preg carbon fibre, using the most advanced autoclave technologies that gives the maximum advantage of carbon fibre properties. This allows us to build the high-end lightweight superyacht tenders without compromising on quality,” Dercksen said.
The 6.3M Xtender was delivered with a custom foldable console, a carbon fibre wake-board pole, two suspendable seats, an outboard 115 HP Yamaha engine, all within the required limits with a full operational weight of 623kg.
“The tender is state-of-the and driving it is truly phenomenal. People at Xtenders pay attention to every possible detail. They see a challenge in everything where others say it is not possible. The service of Xtenders is excellent, from start-to-end, “ said Nilaya´s captain.


text:
Aboriginal Tent Embassy
Directly in front of Old Parliament House is the Aboriginal Tent Embassy in Australias capital city, Canberra. The Aboriginal Tent Embassy is a semi-permanent assemblage claiming to represent the political rights of Australian Aborigines. It is made of a large group of activists, signs, and tents that reside on the lawn of Old Parliament House.
It was established in 1972, and although has been pulled down and rebuilt over the years is currently standing. The land on which the tents are situated was originally Aboriginal land with numerous artifacts being found on the site.
The Aboriginal Tent Embassy is standing up for its land rights. The Aboriginal flag first received recognition at this point. You will also notice a fire which has been burning for many years, which the Aboriginal Tent Embassy and people will not let go out.
There have been a number of suspicious events at the site of the Aboriginal Tent Embassy. Some of these events include fires with the most devastating being the loss of 31 years of records when the container burnt down in June 2003.


We’re sorry. The information you have requested is temporarily unavailable.
EBC Brake Kits Part #S1KF1033 Customer Reviews
1 Customer Review
Reviewed by Laura M (SAMMAMISH, WA) Reviewed for a 2013 Honda CR-V — Jun 17, 2017 5:40 PM
I had never heard of EBC brakes so was very sceptical. I checked them out and watched the videos about their factories in the UK and the USA and was ultra impressed. The parts arrived and immediately recognized them as quality parts. They fitted perfectly without any fine tuning. I would thoroughly recommend them and any brakes I need to do in the future will be done with EBC.
Ships Between 8/22 - 8/24
- What Do You Drive?
- Style:Ultimax Pads (Daily Driver)
- Part #:S1KF1033
- Equivalent to OE brake pads
- Suitable for daily driving
- Our quietest pad formulation for silent braking
- Progressive brake with excellent cold friction
- Brake-In coating for accelerated pad bed in period
- Kit includes rotors and pads for each wheel
- 11.6 in. rotors


Bonded Xenon Tarps
Bonded Camping Tarps
Setting up camp and sleeping underneath the stars is an exciting experience. If the storm clouds start to roll in, it’s crucial to have gear stay dry and comfortable. Our bonded camping tarps are durable and lightweight, making them the perfect companion on any backpacking trip.
Benefits of Bonded Tarps
Bonded Xenon tarps offer tough protection against any weather. You can easily repair them with our repair tape in case of emergencies. No more need for seam sealing your ridgeline or side panel pullouts either, as these waterproof bonded tarps prevent leaks.
Other benefits also include:
- Quick Dry Tarp: Since bonded seams don’t hold moisture, they dry faster than grosgrain ridgelines.
- Strong Bonded Reinforced Ridgeline: This reinforcement ensures no perforation where stitches can pull, making for a stronger, more waterproof backpacking tarp.
- Easy Installation of Side Panel Pullouts: They can be installed anywhere on the tarp following the setup.
Types of Bonded Tarps We Offer
At DutchWare, we strive to provide you with the strongest xenon tarps possible. We have created lightweight, seamless hammock tarps to keep the weather out whenever you need it. They are easily storable in stuff sacks, making them convenient to bring on your next adventure. Our bonded tarps include:
- Standard Width Hex Bonded Tarp: This tarp provides improved protection with its unique shape and seamless finish.
- Rectangle Bonded Tarp: This bonded tarp offers you more flexibility, so you can focus on your surroundings.
- Winter Bonded Tarp: This waterproof bonded tarp keeps the warm air in and the cold air out, protecting you from extreme conditions.
Types of Fabric You Can Create Bonded Tarps With
We create our Xenon bonded tarps with lightweight, waterproof, and durable fabric for you and your hammock. The materials we use and offer, include:
- Xenon Sil 1.1 Fabric: A lightweight polyester fabric with minimal stretch with 4500 mm of head pressure.
- Xenon Sil .9 Fabric: Used for our Ultralight options, this is a waterproof polysil fabric with 1500 mm of head pressure.
- Print2Fabric Xenon Fabrics: A custom option to use either of our xenon fabrics to create your design.
Browse our options and place your order for a tarp today!


Global Site Search
Use the links in the blue boxes to narrow your search results.
Schools and universities face many of the same issues and problems as cities: tight budgets, aging infrastructure and growing populations straining existing resources and services. To deal with those, many schools are adapting smart cities...
Article - 09/02/2015
Active Region(s): Main, North America
Category: Energy, Public safety and security, Connectivity
Knowing where today's markets are heading – and when – can help cities chart their smart city roadmaps. Scroll down for new reports on smart street lighting, Internet of Things security and stop-start vehicles.84% of world's streetlights will be...
Article - 05/08/2015
Active Region(s): North America
Category: Built environment, Energy, Public safety and security, Transportation, Connectivity, Instrumentation and control


text:
Getting 40 ready for the day ahead
Steam#40 approaches Lahaska Station.
Former steam 4-8-4 NdeM 3028 still awaiting restoration in New Hope rail yard
New Hope & Ivyland Railroad steam locomotive #40 leads an excursion train over the bridge on Aquetong Creek
New Hope & Ivyland Railroad 40 approaches the crossing at Lower Mountain Road in Lahaska, Pa
New Hope & Ivyland Railroad 40 leaves makes its way passed its neighboring homes in the town of New Hope, over the bridge at West Mechanic Street
New Hope & Ivyland Railroad 40 leaves New Hope in a cloud of steam, heading to Lahaska on a Christmas excursion
New Hope & Ivyland Railroad 40 hustles passed the crossing at Reeder road, just outside of New Hope, heading to Lahaska
New Hope & Ivyland Railroad 40 prepares for the day by the coal pile as the crew inspects
The sun falls on a silhouetted crew member of New Hope and Ivyland 40, ands they back the engine up to meet their train at New Hope station. The best view is had from atop the Tender of 40.
In a rare event, New Hope and Ivyland brings steam to the Main Line of SEPTA's Lansdale regional rail line, for North Wales Borough anniversary celebration. A friend of mine brought his 50's Plymo... (more)
As a railfan, Who wouldn't want a house with a location like this?? New Hope Railroad 40 cruises by one of her Bucks County Neighbors on a Christmas excursion to Lahaska
The crew of New Hope Railroad Engine 40 prepare for another day, filling her tank with water. A less than perfect day weather wise, Fog commands the scene along with a mix of steam and soot.
Engine 40 Simmers as night falls at New Hope Railroad, the Christmas season excursions are about to begin!
As the last rays of light begin to fade on 2019's winter solstice, NHRR 40 leads it's train south towards Lahaska.

domain: hobby


text:
Think of the state of Arkansas and what comes to mind? How about rivers, tree-furred mountains, banjo music, moonshine and the smell of wood smoke? Well, if you’re a rider, what also should come to mind is a vision of excellent motorcycle roads that twist and turn as they transport you along the rivers, into the forests and onto those tree-furred mountains.
Last fall I had the opportunity to ride through north-central Arkansas, and it was a most delightful experience. After picking up a Harley Electra Glide Classic at Landers Harley-Davidson near Little Rock, I rode about 110 miles up scenic U.S. Route 65 and spent my first night with a group of journalists in some rustic cabins near Gilbert, Arkansas. We became acquainted outside at a wood fire, and then headed inside for dinner. During the evening, a gentleman showed up in country garb with a beard and a banjo and began pluckin’ and singin’, entertaining us with a selection of songs from sweet to bawdy, delivered in a heavy Arkansas twang. Someone produced a Mason jar containing a clear brownish fluid that was identified as apple-pie moonshine. I took a taste and found it smooth and delicious, like liquid apple pie with a kick. Yeah, I must really be in Arkansas….
The Jasper Disaster
When I arrived, I picked up several local riding guides including Cruise the Ozarks, Let’s Ride and Motorcycle Riding Guide of the Ozarks. In perusing them, I noted that several routes or areas were recommended in more than one guide, and these tended to have colorful nicknames, so I decided to give them a try. As a result, that next morning I headed north from Gilbert on U.S. Route 65, then west on State Route 123. At the turnoff for Jasper on State Route 74, I was greeted by a highway sign warning “Crooked and Steep Next 14 Miles.” Ah, that sounded like my kind of road. Not only that, but this was the beginning of a 56-mile loop with 316 curves billed as “The Jasper Disaster.” The name comes from its profusion of curves rather than any historic event, and this early morning, off in the meadows near Boxley, I was able to see deer, turkey and elk grazing in the distance. The Riding Guide called my attention to the fact that one of the attractions in Jasper was Emma’s Museum of Junk. However, I did not avail myself of the opportunity for a visit…it sounded too much like my garage.
The Ozark Moonshine Run
Many of these routes overlap, but that’s OK as I did not mind riding any of them more than once. After tasting that liquid apple pie, I was intrigued by a route in the Riding Guide called the Ozark Moonshine Run. It runs south out of Harrison and essentially adds a Southern component to the Jasper Disaster ride. What’s most intriguing here is that they claim it boasts 662 curves (who counts all these?) in just 110 miles, and refers to it as “the most picturesque route in the Ozarks.” Heck, with an average of about six curves per mile, it’s no wonder.
Once I’d backtracked State Route 43 south of Harrison to Compton, I noticed that elk were often visible at the forest’s edge, and took a break at the Elk Education Center in Ponca. I was wondering what the locals might be teaching them, and what size the desks might be inside. Instead, I found the Elk Education Center to be a small building tightly packed with information for humans including books, videos and displays about elk, bear and other native wildlife.
Near Compton, I came across a sign for Possum Trot Road and had to stop for a photo—there really is such a place! And speaking of backcountry places, near here is also the site of the now defunct theme park, Dogpatch USA, which was named for the Li’l Abner comic strip from years gone by.
Join up with State Route 21 at Boxley and continue south to Mossville; all along this route, watch for elk and other wildlife. State Route 16 from Swain through Nail and Deer is extremely twisty, then by Lurton head north again on State Route 123 through Mount Judea (pronounced “Judy”). Head west on State Route 374 out of Vendor and you’ll soon find yourself back in Jasper.
The Bull Shoals Dam Route
Another recommended route that begins in Harrison is the Bull Shoals Dam Route, billed as having 326 curves in its 100 miles. I headed west to Bellefonte and picked up State Route 62 toward Bull Shoals. It was mostly open highway past Pyatt to Flippin, where the flippin’ route swung north on State Route 178. Here at the James A. Gaston Visitor Center in Bull Shoals, I learned that in 1927 terrible rains had flooded hundreds of square miles of the state, so Arkansas’ leaders planned a series of dams designed to control the waters. The Bull Shoals Dam, constructed from 1947-51, was the fourth and last in the series and helped to create the White River and Bull Shoals Lake, the latter of which spreads across northern Arkansas and into Missouri. The lake is stocked with world-class trout, and in 2012 a 38-pound brown trout was hauled from this fisherman’s paradise.
When riding in this area you’re never far from a lake view nearby or in the distance. The road even crosses the dam on its way into the countryside. Continue on to Mountain Home to the east (and the aptly named Lakeview) on State Route 178, and eventually the waters will recede in your rearview mirror.
That night, I returned to spend a pleasant evening at Gaston’s White River Resort near Lakeview, which is located right on the river.
The Peel Ferry Route
The following morning, I turned my attention back down tight Route 178 south of Bull Shoals, then returned north on tight and twisty State Route 14 and State Route 125 toward Peel. Here you can experience an anomaly, a blast from the past. When the dam formed the lake in the early 1950s, a section of Route 125 became permanently submerged. Now to continue north on it, travelers must take the Peel Ferry across the waters. The Ferry is essentially a barge that holds about eight cars (or a whole bunch of motorcycles), and is pushed along by a small boat on the side. The crossing takes about 20 minutes, and is a relaxing interlude. Best of all, because it’s part of the state highway system, there is no charge to ride the Peel Ferry.
If you’re so inclined, continue riding north into Missouri and eventually complete the Peel Ferry Route, a loop that includes 378 curves in 110 miles. Once you touch down on the other side of the lake, continue up Route 125 to Rueter, then west on U.S. Route 160 and State Route 76 to every country music fan’s mecca, the town of Branson, Missouri. Then, once you’ve gotten your fill of country music, you can head back south and make some time on U.S Route 65, which is a multi-lane divided highway that may not be much fun to ride, but will have you back in Harrison, Arkansas, in a real hurry, where much of the fun riding begins.
Push Mountain Road
One route recommended in the guidebooks is State Route 341, also known as Push Mountain Road. It runs south out of Norfork (which is south of Mountain Home) toward Big Flat, and shows as an insane squiggle on the map. In actuality, this road runs at relatively high elevation and offers very good pavement all the way. It begins in among the trees, and then runs out into the open along the ridgeline where the views show a far-off carpet of forest. On this crisp fall day, the leaves were turning and some maples were already a brilliant red. It was also hunting season and I noted pickup trucks parked at overlooks, or meandering down two tracks into the woods. The road had a nice flow, with nothing abrupt and no decreasing-radius turns that can suck you in and then smack you. However, when I stopped for gas, the attendant cautioned me about frequent motorcycle accidents here, especially on the weekends.
Next, I recommend following the signs to Blanchard Springs Caverns just off Route 14 near the town with the unlikely name of Fifty-Six (it was named for its school district). This recreation area also offers camping, hiking and mountain biking, along with a cavern that has several tours. The temperature in the caverns remains at a constant 58 degrees year-round, so it’s a great place to cool off for a few hours. There’s also a nature trail to Blanchard Springs that offers a refreshing walk topside.
On my last day here, I rode to the Ozark Folk Center State Park in Mountain View, which is designed to perpetuate the Ozark way of life. It offers special programs and demonstrations of crafts, concerts, cooking classes, folk dancing and even basket weaving. Dang, I wish they showed how to make apple pie moonshine! However, what caught my attention was an event listed as “Mountains, Music and Motorcycles” that will be presented August 15-17, 2014. Y’all come!
With its mountains, valleys, rivers and those excellent flowing roads, Arkansas presented a wonderful experience throughout my six-day stay. And it sure made me want to tell the world that it really is a great state—and state of mind.
Many thanks to Rikk “Captain” Dailey, Sales Manager at Landers Harley-Davidson in Little Rock, for the use of a 2013 Electra Glide Classic for this trip.
(This article An Arkansas State of Mind was published in the August 2014 issue of Rider magazine.)


David Templeton admits Rangers must quickly learn the lessons from the 1-1 draw against Montrose before they face Dundee United in the cup.
The Light Blues blew the chance to move 22 points clear at the top of the Irn-Bru Third Division when they were hit by a late sucker punch at Ibrox.
They now face one of their toughest games of the season when they travel to Tannadice next week for the fifth-round tie.
Templeton said: "If we do get chances like we did in this game, we have to take them.
"Dundee United are a strong side and we can't give them any chances near the end of the game because they will punish us.
"They've got some very good players, such as Johnny Russell, and if we give him any chances, I'm pretty sure he will punish us.
"We will have to be a lot better defensively and make sure we cut out our mistakes."
Much controversy has surrounded the United clash, after Rangers opted against taking their ticket allocation following calls for a boycott of the fixture by fans.
But, despite the setback against Montrose, Templeton says the challenge is one the players are relishing as they seek to replicate their impressive Scottish Communities League Cup win over Motherwell earlier in the season.
The winger added: "It's one all the boys are looking forward to.
"We will have to work hard this week and make sure we are ready for it.
"When Motherwell came here, it was one of the best performances we've had this season so hopefully we can step up and play better next week."


A little over 39 hours after obliterating her World Two Miles best by more 11 seconds on the track in Brussels at the IAAF Golden League meeting, Meseret Defar cruised to a comfortable road victory in the 5km Hydro Active Women’s Challenge in Hyde Park London.
The diminutive Ethiopian chose not to attempt to break her own World best of 14:46 set in Carlsbad last year but gave yet another indication of her phenomenal all-round ability by kicking clear of her chief rivals between 2km and 3km to win in 15:08.
Behind Defar, Australia’s Benita Johnson, who had finished a disappointing 17th after tripping and falling heavily in the World Championship 10,000m final in Osaka, held off a resolute late burst from British athlete Jo Pavey to take second place in 15:28. Pavey took the final podium spot a further second adrift.
Defar, 23, who was the third successive Ethiopian to win the race after Derartu Tulu and Berhane Adere triumphed in 2005 and 2006 respectively, was simply satisfied with the victory.
“Friday was a tough race,” Defar explained, “I only went for the win today and not a fast time. I have a race next week in Stuttgart (at the IAAF World Athletics Final where she has not decided whether to run the 3000m, 5000m or both). But I’m not too tired and it was an easy race for me.”
Running in beautiful autumnal sunshine the 15,000 starters enjoyed perfect conditions for the 5km test which snaked around the historic royal park in central London.
Pavey, who finished fourth in the 10,000m at the World Championships in Osaka, running in her distinctive long socks was quickly to the fore along the first kilometre down South Carriage Drive with Johnson also prominent and Defar preferring to shadow the leaders in the early stages.
It was Pavey who led a group of seven in 2:52 through 1km, which also included Johnson, Defar, former US 5000m champion Lauren Fleshman, British duo Liz Yelling and Kate Reed, and Russia’s European 10,000m champion Inga Abitova.
The latter three became detached from the lead group in the second kilometre and Defar moved purposely to the front just before the 2km mark in 6:03.
The graceful Defar, who appears to glide effortlessly over the ground, put the hammer down in the third kilometre and Pavey was the next to crack as she quickly dropped off the pace.
Defar hit 3km in 9:07 – just beyond ‘Speaker’s Corner’ – and had created a clear lead from Johnson with Fleshman and Pavey embroiled in a close battle for third further down the road.
It was not an advantage the leader planned to relinquish. Running along the smart avenues of the park Defar simply put on a demonstration in the final 2km.
She hit the 4km mark in 12:14, before further extending her advantage and crossed the finish line on Serpentine Road in 15:08 to add another win to a remarkable season, which has also included a 5000m gold medal at the World Championships in Osaka and a World 5000m record of 14:16.63 in Oslo.
Pavey rallied in the latter stages but Johnson successfully staved off the challenge to secure second. Fleshman finished fourth in 15:31 with Reed fifth in 15:36.
Johnson was relieved to show some decent form after her Osaka disappointment and was pleased with the outing in preparation for next month’s Chicago Marathon (7 Oct).
“It felt quite tough all the way but I’ve been in heavy training preparing for the Chicago,” added Johnson “The way I sprinted at the end was very encouraging and showed I had good strength.”
Pavey, who finished runner-up last year and who is preparing to compete over the half-marathon distance at the Great North Run in two weeks, was less satisfied.
“I’m not that pleased with the run,” she said. “I felt a bit heavy from the start and I wanted to run a bit faster.”
Another interesting runner competing in Hyde Park was multi-eventer Jessica Ennis. The British athlete, who finished fourth in the Heptathlon at the World Championships in Osaka, jogged around the 5km course in more than 28 minutes
Hydro Active Women’s Challenge races also took place in the cities of Liverpool and Birmingham. Former World marathon record holder Tegla Loroupe of Kenya, a former winner at Hyde Park, won in Liverpool in 17:02 with Poland’s Karolina Jarzynska crossing the line first in Birmingham in 16:34.
Steve Landells for the IAAF
1 M Defar (ETH) 15:08
2 B Johnson (AUS) 15:28
3 J Pavey (GBR) 15:29
4 L Fleshman (USA) 15:31
5 K Reed (GBR) 15:36
6 L Yelling (GBR) 15:41


text:
From “honest Simon, an educated, upright god-fearing man”……
And so, the forces of God and Parliament met the army of the Godless and Tyranny somewhere in England. Parliament looked outnumbered; but right would prevail.
An interesting game. It obviously took far longer than a TtS ancients game. We hadn’t actually finished by the time we “drew stumps” at 10.00. That said we had far more units in play. I reckon the Parliamentarians had a minimum of 30. The mechanisms and “record keeping” seems more time consuming than ancients, but that could be just unfamiliarity with the rules.

domain: game


text:
For this hearty breakfast pie, we start by crumbling up leftover Rise and Shine Biscuits and placing them in the bottom of a piecrust with big chunks of sausage and hearty bits of smoked bacon.
Blueberry Jar Bread
As the thunderstorm turned into a misty drizzle, we devoured dessert – thin slices of rum cake layered with blueberries that had been cooked in orange liqueur and port wine, topped with freshly whipped cream. The blueberries we ate came from the Pearl River Blueberry Farm near Poplarville. Since most summer trips to Wolf River […]
Cooking with Scraps: Any-Season Strata
Zucchini Crust Breakfast Pizza with Arugula & Sweet Peppers
A zucchini crust is too good to pass up, especially as used in this breakfast pizza. Unlike a cauliflower crust, zucchini crust is firmer and doesn’t break up as easily, so you get a more dough-like consistency.
Autumn Brussels Sprouts Quiche with Sweet Potato Crust
My quiches are totally pastry-less; I use thinly sliced sweet potatoes that bake until tender but crispy, adding a slightly sweet flavor, striking orange color, and whole host of nutrients.
Nigella Lawson’s Turkish Eggs
Trust Nigella: Turkish eggs, eggs poached on Greek yogurt, is a revelation and a complete sensation.


Italy v Belgium sounds like a football match taking place at the World Cup. But it’s also a contest that could very soon be a feature of your cider shelves. Cider now comes from all over the world. And the British cider industry is bullish about its export prospects. How should retailers respond to the expanding world of cider?
IT has been a recent hero of licensed grocery, with growth spurts that would put a teenage boy to shame and some sales dips too. But cider still has room for further development, according to Heineken.
The company behind Bulmers and Strongbow argues that, while there is significant interest among consumers who like to experiment with new flavours and taste profiles, the cider segment actually remains relatively small in comparison to other, more established fast moving consumer goods categories, such as beer.
“The popularity of the cider category is largely due to the rise in popularity of modern packaged ciders,” said Craig Clarkson, category and trade marketing director off-trade, Heineken UK. “However, classic cider represents more than a third of total cider category value and is growing by 9% according to Nielsen, largely driven by the Strongbow brand.”
Continuing to quote Nielsen figures he added: “Strongbow is the UK’s leading cider brand with value sales of over £261m, growing by 10.2% and three times bigger than its nearest competitor.”
With IRI identifying 22% of value growth in modern packaged ciders coming from NPD, Heineken has been one of a number of firms who have released new products and brand extensions. Recently Bulmers has launched two new lower-alcohol (2.8% abv) ciders, Five Fruit Harvest and Indian Summer. And Heineken’s new Strongbow Citrus Edge is a traditional cider mixed with lemon and lime.
And, as world ciders continue to enter the UK market, the company has added Old Mout (its name is pronounced to rhyme with fruit), which is originally from New Zealand, to its UK portfolio.
• C&C Group, which owns Magners, is also looking further afield. In March the company launched US cider brand, Hornsby’s, in the UK off-trade. Described as “cider served the American way” it has softer carbonation and is designed to be drunk straight from the 330ml long neck bottle.
Ed Shoebridge, head of customer marketing at C&C Group said: “With improvements in the economy, consumers are more open to purchasing premium products, leading to increased demand for craft and international ciders.”
C&C Group has also developed a new speciality range, Chaplin and Cork’s, aimed at what it sees as discerning cider drinkers. Somerset Gold (5.2% ABV) is a full-bodied medium cider. Somerset Reserve (6.8% ABV) is a rich medium cider.
Another of its brands, Blackthorn, has launched Black n’ Black (4.7% ABV) in response to the growing fruit cider trend.
“Fruit cider has prompted an influx of younger drinkers into the cider category,” said Blackthorn marketing manager, Andy Cross. “We knew that by adding hedgerow fruits to our distinctive Somerset cider we would create an ideal product for introducing the brand to a new audience.”
• Swedish cider Kopparberg is planning a summer of activity to emphasise the brand’s cool Scandinavian connections. The focus is on its Elderflower & Lime and Cloudberry varieties, the most quirky and Scandinavian of the range.
The £4m campaign will cover TV, outdoor, digital, video on demand, press and events such as the Kopparberg Urban Forest extravaganza.
• Glass bottled lines are the cider sector’s most important performers, according to the company behind Merrydown. Debs Carter, marketing director – alcohol at SHS Drinks, said: “The glass-bottled cider sector, in particular, has been very buoyant in the impulse sector in Scotland over the past year with sales growing by an impressive 32% in both volume and value according to Nielsen.
“There’s no doubt that flavoured cider has been the power house driving the growth in this sector over the last couple of years. Flavoured cider sales volume and value in Scotland are up by 29% and 31%, respectively, over the last 12 months, also according to Nielsen.
“Apple remains the biggest sector by volume in Scotland, but flavoured cider has already overtaken apple in value. The sector which is really struggling is pear cider which has seen sales volume and value plummet according to Nielsen.”
Carter continued: “The continued double-digit growth of flavoured ciders suggests that there is still plenty of stretch within the category. Another trend which is likely to take hold in 2014 is spirit-flavoured cider, ‘spiders’.”
• Stella Artois Cidre has added a raspberry flavour in 500ml and 330ml bottles. The smaller bottle, expected to appeal to female consumers, is available in four- and eight-packs
The Belgian brand is said to use hand-picked, crushed raspberries to deliver what the brand owner calls “a sophisticated fruit cider with a refreshing, crisp taste”.
• The UK is leading a world revival in cider drinking, according to trade body the National Association of Cider Makers (NACM).
The organisation predicts cider drinkers across the world will be downing an extra 704m pints a year by 2018.
NACM chairperson, Paul Bartlett, told a conference in Chicago recently: “British producers – such as Aspall, Thatchers and Westons – are driving this cider renaissance forward by investing in this market and expanding the export of their product.
“In other countries, an increase in the popularity of cider can be put down to the growth of fledging cider makers, and the investment of UK producers to inform and educate consumers,” he added.


text:
With a lush garden reception, breathtaking views, and the dreamlike setting of Graydon Hall Manor, Bahar and Siamak’s big day was both glamorous and romantic. With elegant day-of coordination by Jackie Penner Events and beautifully captured by Ikonica, you won’t want to miss this wedding!
With downtown Toronto serving as the backdrop, the couple’s romantic photo session is the perfect blend of urban chic and timeless elegance.
Beautiful blooms and ornate details, including tons of candles, compliment the couple’s gorgeous outdoor ceremony.
A beautiful garden setting with fantastic florals by Stemz made for one sophisticated soiree. The stunning bird cage centerpieces give a touch of whimsical romance, while the gold accents tie it into the timeless feel of the night. A stunning three-tiered floral cake is a matching fit to the festivities.

domain: design


text:
Ana Maria Briongos is a Catalan writer from Barcelona who first went to Iran for the academic year of 1973-74 to study Persian but this book is mainly about a month long return journey she made in April 1994 where she catches up with old friends from twenty years ago. The book is interesting because of the contrast she is able to provide between life in the last days of the Shah against post revolutionary Iran and importantly it also gives a female perspective of the restrictions and some benefits of the strict Islamic life that she encounters on this revisiting. I chose to read the book as a modern follow up to ‘The Road to Oxiana‘ which I enjoyed so much last month and it gives a view that is much more familiar to me as it is set just four years before I was to visit Iran.
A woman travelling on her own has to know how to look after herself and be respected, which means dressing appropriately and using common sense. Travelling on her own a woman has access to places where a man could never go.
This is particularly true in the Middle East, especially Iran, and Briongos takes us to some of those places but particularly we visit friends and their families especially Bahman who hosted Briongos in Tehran and drove her to various places outside the capital during the thirteen day festival that coincided with her arrival, so getting to know Iranian family life, the jealously guarded recipes for specific foods which each Iranian housewife puts out to impress visitors and the tight knitted relationships across generations. In particular we are introduced to Rave and her grand-daughter with Down’s Syndrome Bubu, these two would be constant characters whenever Briongos was in Tehran during April 1994. Rave was one of the wives of Bahman’s father and had become a sort of mother hen for lots of his children regardless of which wife was actually their mother. She was very unwell and trying to get treatment in Europe which at the end of the book we find that she does succeed in doing before ultimately emigrating to Australia with Babu and Babu’s mother, whom we never actually meet because she was living in Hamburg. It is good that things worked out for Rave and Babu you really feel for both of them as the narrative progresses.
Interspersed with the account of the trip in 1994 are lots of memories of her first visit to the country both retelling of stories from then and also trips such as going back to the university where she studied two decades earlier only to find that she couldn’t go to the building where she lived then as it was now male only whereas before it was strictly a female domain, wanting to at least go somewhere familiar from that time she ventures into the library only to encounter a professor who had taught her all those years ago and who promptly whisks her off to the park over the road where they can chat and catch up more freely. It’s the personal touches that really make this book so enjoyable to read, you really feel as though you are with her on this trip back into her past.
This was Briongos’s first book, published in 1996, although she has written ten more since then about her times in Afghanistan, India and further trips to Iran. My copy is the first English translation published in 2000 as part of the Lonely Planet Journeys series, a now defunct series of travel books which I really enjoyed whilst they existed due to their eclectic range and focus on personal stories. When I discovered the series was being killed off I bought as many of the titles I didn’t already have as I could find and this book was one of them. Twenty years later I have finally opened it after it sat on the shelves waiting for me to get to it and I know there are still a couple of that batch of books I bought all in one go that are still waiting. I enjoyed this book so much that I suspect they will not have much longer before I finally get to read them.

domain: library


text:
Students' Learning Outcomes To Be Evaluated On 13 November
Students of classes 3rd, 5th and 8th will be assessed by filling out an exam conducted on an Optical Mark Recognition (OMR) sheet. It is reported that 30 lakh government schools will be a part of this exercise
Photo Credit :
On Wednesday (16 August), Union HRD Minister Prakash Javadekar held a meeting with state governments leaders to talk about implementing a sample survey of learning outcomes and achievements of school students in India.
This country wide assessment of learning output of students will be conducted on November 13 in which 30 lakh school students will participate. Students of classes 3rd, 5th and 8th will be assessed by filling out an exam conducted on an Optical Mark Recognition(OMR) sheet. It is reported that 30 lakh government schools will be a part of this exercise.
This will be world's largest survey of students' learning achievements. It is being conducted to implement Rule 23(2) of the Right to Education(RTE) Act.
The National Assessment Survey or NAS which is being conducted since 2001 has been tweaked by the National Council of Educational Research and Training(NCERT) and will now test a student's competency instead of just basic knowledge of the school curriculum.
The National Council of Educational Research and Training (NCERT) has drafted certain indicators for learning regarding several subjects like English, Hindi, Mathematics, Science, Social Science, EVS and Urdu. Based on these indicators, the states can finalize their own criteria.
With NAS earlier, only 4.5 lakh school students were being assessed across classes 3rd, 5th and 8th. Now with the implementation of assessing government schools in this manner, 30 lakh school students will be tested.
Earlier this year, the Union government had amended the Right to Education (RTE) Act that made it compulsory for all state governments to specify expected learning outcomes, which school students should be able to achieve in various subjects.
It is necessary to identify these learning achievements of students as these will help teachers to understand the competency levels of students and further improve these standards.

domain: news


Scarsboy w/ the Jones Band atLakewood Bar & Grill (LBG)
at Lakewood Bar & Grill (LBG)
Thursday, December 06 2007
Scarsboy and the Jones Band play the Lakewood Bar & Grill on Thursday Dec. 6th! The Jones Band will play their brand of soulful rock from 9 to 11, then Scarsboy plays their hard rock from 11:30 to close.


On this week LG sends a new update on LG Stylo 2 V. The version came with latest VS83520b Nougat Firmware. Latest Android Nougat VS83520b Update is now available for LG Stylo 2 V (LG-VS835). We provide official firmware link below. Today we share with you a guide to install LG Stylo 2 V Nougat Firmware. Let’s some talk about the device.
Previous LG launched LG Stylo 2 V in the smartphone market. The LG Stylo 2 V powered by 1.8 GHz Octa-Core MediaTek Helio P10 MT6755 processor with 2GB of RAM. Also, has 16 GB of internal storage. It has 5.7 inches IPS LCD capacitive touchscreen, with 1,280 x 720 pixels resolution. This device gives you snap 13-megapixel rare camera and 5-megapixel front camera. It has a Removable Li-Ion 3000 mAh battery.
This update brings the latest Android 7.0 to the device and improves LG UX 5.0. Many users want to update their device to nougat !!! Then you are the right place. Here the guide and VS83520b firmware link for Stylo 2 V. This firmware flash by LGUP Tool. Follow the steps correctly otherwise you may brick your device. Install nougat firmware for LG Stylo 2 V which build number is VS83520b. If you are new in this process then, please first read the following step.
- Android Version: – Android v7.0 (Nougat)
- Release Date: – May.2017
- Device: – LG Stylo 2 V
- Status: – Official
- Software version: – VS83520b
- Type:- “ kdz ”
You may like also:-
- This firmware work only on LG Stylo 2 V LG-VS835 Verizon version.
- Backup your current ROM & data.
- Read the instruction. Otherwise, you may brick your device.
- Need your device at least to 50-60% charged, as the process may take a while.
⇓⇓ Download LG Stylo 2 V Android Nougat Update ⇓⇓
Guide To Install Firmware:-
- Download Stock Firmware, LG Drivers, LG Flash tool.
- Now install LG driver on your computer.
- Then Install LGUP.msi file.
- Switch off your device and reboot into download mode [connect USB cable by holding Volume UP key].
- Now open LG UP software that you installed.
- Then click on upgrade and select KDZ firmware file.
- Now hit the Start button.
- After the flashing, your device will automatically reboot.
- Disconnect your phone and enjoy.
Note: – The first time it takes 5-10 minutes to boot.


Many Americans and political observers alike were outraged when Donald Trump refused to say if he would graciously accept defeat if he lost the November 8th election following his comments that the contest was “rigged” for Hillary Clinton. Despite network executives, advertising agencies and ad sellers being thrilled with the idea of any continuation of this doomsday bubble they’ve enjoyed.
Pollsters were curious what likely voters thought about Trump’s comments and they asked a series of questions. One of the questions, “Would You Accept Donald Trump as President of the United States if He Wins the November 8th Election,” showed that 9 out 10 voters would not accept the co-creator of Celebrity Apprentice as their leader. The polling firm followed up with each of the voters to make sure they understood the question and the number of voters who would not accept Trump actually increased!
The most interesting statistic the researchers found was that voters who were actually planning on voting for Trump were MORE likely to not accept him as president. Most of those voters seemed to feel this election was similar to the Brexit vote in the United Kingdom and felt that there would be a do-over should Trump win.


text:
Should we still exercise precautions or are we in the clear because I’ve developed some sort of immunity? today i asked the question, to my doctor, he said most of the people who has oral herpes 1 has genital herpes 1 too. In addition, you and your friend not HSV-2 transfer together, unless one of you of someone infected another carrier of the virus. Can you spread the virus to your partner through genital sex? I will not find the way. And he can help the individual guard tratamiento natural para herpes zoster against secondary infections by cautious local care and good skin cleanliness.However , I think that certain unique interests, like the drug businesses who make lots of money offering anti-viral medications which form the basis of current Herpes herpes whitlow differential diagnosis treatment in conventional medication, have no motivation to publicize the fact there are natural alternatives. Genital herpes is extremely common, with up to one in four adults who are sexually active having genital herpes, although approximately 80 remain unaware that they are infected.
Since the herpes virus likes warm, moist areas, it is virtually impossible to spread it to areas of the body covered with skin, such as arms and legs. This will change your life like it did to many thousands people. I n the first year of infection, people with genital HSV-2 shed virus from the genital area about 6-10 of days when they show no symptoms, and less often over time. In most cases, blisters might form at the back of the neck. Perhaps you can just answer the one you think is most important. Zostavax is actually the same as the chicken pox vaccine but at least 14 instances stronger. What matter if you have 1 or 2 for the oral transmission?
Using a latex condom if you have anal sex,or for trans guys, frontal genital sex not only protects you from HIV transmission, but it can protect you when the condom covers up the sores caused by syphilis. It used to be standard to describe HSV-1 as an above-the-waist infection and HSV-2 as a below-the-belt infection but now many researchers are pointing out that it’s more appropriate to say that HSV-1 is both an orally and genitally transmitted infection while HSV-2 is a predominantly genitally transmitted infection. The lies for the appearance from the sores and also their instrumental agents. Spinal fluid findings are consistent with aseptic meningitis with a lymphocyte predominance, fairly normal protein and glucose, and sterile fluid. I am very confused and do not know whom to believe that I could help with this. The primary difference between the two viral types is in where they typically establish latency in the body- their site of preference. J Am Dent Assoc.
HSV-1 more commonly causes oral infections while HSV-2 more commonly causes genital infections. HSV Type 1 is less likely to shed than HSV Type 2 and women are often prone to a higher rate of shedding. If you have unprotected sex, there is a small but real risk that you will get HSV-2, resulting in more outbreaks and more shedding. Symptoms of herpes simplex virus infection include watery blisters in the skin or mucous membranes of the mouth, lips or genitals. He gave me oral HSV1 and genital HSV1. It’s only fair they are given a choice on how to approach things. It is almost impossible to defend against the transmission of oral herpes since it can be transmitted by very casual contact.
Will I get sores if I have vaginal sex with her, protected or unprotected? Though oral herpes is usually caused by HSV-1, it can also be caused by HSV-2 which is typically associated with genital herpes. Pregnant women need to consult immediately if HSV infection is noticed, especially if they are close to term. The initial outbreak was severe. A third factor influencing the frequency of HSV -1 and 2 outbreaks is whether the virus is established in its site of preference. In every instance the isolate was HSV-1. prevalence rates of genital HSV-1 is based differ in the practice of oral sex and the percentage of people who are HSV-1 positive from childhood, explains Anna Wald, a researcher MD, University of Washington in Seattle.
HSV-2 usually resident in the sacral ganglion at the base of the spine. Moreover, he, AEOS very unlikely that your partner get genital HSV 1 you. Herpes virus type 2 (HSV-2) most often causes genital herpes. Conversely, those with simultaneous oral-labial and genital HSV-2 infections are about 400-fold more likely to experience genital rather than oral recurrences (11). I am a virgin and she has only had sex with one other guy and been intimate with another so surely the chance of us having HSV 2 is less likely given that in the vast majority of cases HSV 2 affects and is transmitted by the genitals.


text:
Source: Christopher Doering Gannett Mydesert.com
An adult dairy cow in the Central Valley has contracted the first U.S. case of mad cow disease discovered in six years and only the fourth ever confirmed in this country, but the animal did not enter the food supply, the Department of Agriculture said Tuesday.
The California cow “was never presented for slaughter for human consumption, so at no time presented a risk to the food supply or human health,” John Clifford, the USDA’s chief veterinarian, told reporters. “USDA remains confident in the health of the national herd and the safety of beef and dairy products.”
Clifford said authorities were still determining the age, birthplace and the exact timeline when the animal was found to have the disease, and when USDA officials were informed of the discovery. The cow is being held in California and will be destroyed, he said.