Sunday, September 30, 2012

Brain-Mind Blog: Benjamin Franklin's System for Self-Improvement

Benjamin Franklin came up with a system for self-improvement.? The first thing that strikes you is the methodical way he sought to improve himself. He made a list of virtues.? Number 1 ("Temperance"): not to pig-out at meals or to get drunk.? Number 2 ("Silence"): not to blabber too much in conversation.? Number 3 ("Order): to become more organized at home and at work. He listed thirteen such virtues, and each week he would focus primarily on one of them.? In thirteen weeks, he noticed great improvement in all of them.? Except for the last - "Humility". The problem was that he found himself taking pride in his own humility.?

Over the years, like Franklin, I've sought to improve myself.? I've never approached it in such a structured manner, but Franklin-esque systems and recipes do appeal to me.? Was Franklin being overly-cognitive in his systematic approach?? There may be some over-thinking here. A more flexible, intuitive approach to life has its appeal as well.? But while Franklin was cognitive and systematic, he was also creative and adventuresome.? He was what Myers-Briggs would call a "Thinker" rather than a "Feeler". (An Extroverted-Intuitive-Thinking-Judger, I imagine).

There was a time when I'd have seized enthusiastically upon Franklin's system and set up my list of virtues to work on.? The virtues on my list may not have been identical to Franklin's, but I suppose one could plug in any "virtues" and work away at them Franklin-style. The idea still appeals to me. But nowadays I don't have the appetite to go whole hog on this kind of thing.?? A psychiatrist and researcher, Bruce Wexler, wrote that during our youth, our brains adapt themselves to the environments we find ourselves in. But as adults, we try to shape our environment to complement the way our brains have become. Benjamin Franklin came up with his self-improvement system at a time when his brain was young and highly 'plastic', ready for molding.?? Instead of leaving the molding to chance, Franklin took charge of it himself.?? And of course, as an adult, he played a key role in the American Revolution and the founding of the new government; perhaps shaping his environment to conform to his already-molded brain.

At this point in my life, I'm more or less happy with the brain and behavioral patterns I've acquired.? I don't have the energy for self-improvement lists. I'm not taking part in any revolutions either. But who knows.? There are still some "virtues" I'd like to work on.

Source: http://brain-and-mind.blogspot.com/2012/09/benjamin-franklins-system-for-self.html

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The Prison Break

The Prison Break

I was tied up, handcuffed and put into a solitary prison underground. I opened my eyes, but only saw black. I yelled, but no one answered. I cried, but there was no one's comfort. I want out of here. Won't you come and save me?

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This topic is an Out Of Character part of the roleplay, ?The Prison Break?. Anything posted here will also show up there.

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Forum for completely Out of Character (OOC) discussion, based around whatever is happening In Character (IC). Discuss plans, storylines, and events; Recruit for your roleplaying game, or find a GM for your playergroup.

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A dreamer is one who can only find his way by moonlight, and his punishment is that he sees the dawn before the rest of the world.

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Legal Scholar Alan Dershowitz Calls MTA's New ... - The Blaze

Harvard Law Professor Alan Dershowitz Calls MTA New Advertising Rules Plain Dumb and UnconstitutionalHarvard Law School professor Alan Dershowitz is slamming new rules New York City?s Metropolitan Transit Authority (MTA) has adopted in the wake of its legal battle against blogger Pamela Geller and her anti-terrorism ads, calling the MTA move ?plain dumb? and unconstitutional.?

On Friday, TheBlaze reported that the MTA changed its guidelines on what advertising it will accept from now on after losing in court to Geller and her group, the American Freedom Defense Initiative, thus being forced to display the ads which read: ?In any war between the civilized man and the savage, support the civilized man. Support Israel. Defeat Jihad.?

Specifically, the MTA has set a new litmus test for ads and will no longer display those which the MTA ?reasonably foresees would incite or provoke violence or other immediate breach of the peace, and so harm, disrupt, or interfere with safe, efficient, and orderly transit operations.?

Prof. Alan Dershowitz, a staunch defender of Israel and a political liberal, is calling the new rules bad policy that will have the unintended consequence of encouraging violence. He spoke to the New York Jewish newspaper The Algemeiner:

?A. it?s clearly unconstitutional? he said, and ?b. it incentivizes people to engage in violence. What it says to people, is that if they don?t like ads, just engage in violence and then we?ll take the ads down.?

?It?s very bad policy,? he continued, ?and it?s just plain dumb, because it is going to encourage violence.?

Dershowitz believes the new rules will only energize those with an axe to grind like Mona Eltahawy, the Egyptian-born activist who was arrested after spray-painting one of Geller?s ads in a subway station.

Harvard Law Professor Alan Dershowitz Calls MTA New Advertising Rules Plain Dumb and Unconstitutional

Mona Eltahawy spray painting anti-jihad ad on Sept. 25 (Screenshot from Pamela Geller's blog Atlas Shrugs)

The Algemeiner writes:

Referencing the incident, Dershowitz said, ?what the transit authority is doing, is giving people like Mona, the power to censor.?

Referring to the recent uptick in violence in the Middle East, Dershowitz added, ?It is the worst possible approach to dealing with radical Islam.?

?In the age of radical imams whipping up reactions, it just gives them more encouragement to do it. So if somebody wants to put up a picture of Mohammed in the subway, all people have to do is threaten violence and its censorship comes into effect,? he said.

Dershowitz believes the rules should be challenged legally:

?It will be challenged, there is no question about that,? he confirmed, ?if the ACLU (American Civil Liberties Union) doesn?t get into this case immediately, they are going to have to write to me several times for my contribution this year. This is a perfect case for the ACLU, the ACLU should be in there, opposed to the MTA.?

?I would hope the ACLU would get behind the organization that put up the ads even though I?m sure they disagree with the content of the ads, as do I,? he concluded.

The Algemeiner asked the MTA about the constitutionality of its decision. MTA spokesman Aaron Donovan told the paper the organization believes the new guidelines are ?are firmly planted in the bedrock of the constitution, specifically the First Amendment.?

?

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Source: http://www.theblaze.com/stories/legal-scholar-alan-dershowitz-calls-mtas-new-advertising-rules-plain-dumb-unconstitutional/

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Saturday, September 29, 2012

AT&T 4G LTE adds Galaxy Note 2, Galay Tab 2 10.1, Galaxy Express and Galaxy Rugby Pro to lineup

AT&T 4G LTE adds Galaxy Note 2, Galay Tab 2 101, Galaxy Express and Galaxy Rugby Pro

Of the four big US carriers, AT&T's always been a solid go-to for variety across its wireless product portfolio. And today, the operator's welcoming a gaggle of Android devices from Samsung to bolster its 4G LTE offerings. Headlining this galactic quartet is the Galaxy Note II, the company's 5.5-inch phablet sequel which, though previously announced, has yet to receive a solid ship date. Also sharing that spotlight is an actual tablet, the Galaxy Tab 2 10.1 and two new smartphones: the Galaxy Express and Galaxy Rugby Pro. While that latter handset is a mere update to the rugged, water-, shock- and dust-proof OG Rugby Smart, the Express is a 4.5-inch ICS device that reps a dual-core 1.5GHz CPU and considerable 2,000mAh battery. All are said to be arriving within the "coming months" which, in non-PR garble, should translate to a pre-holiday release. Check out the official presser after the break.

Continue reading AT&T 4G LTE adds Galaxy Note 2, Galay Tab 2 10.1, Galaxy Express and Galaxy Rugby Pro to lineup

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AT&T 4G LTE adds Galaxy Note 2, Galay Tab 2 10.1, Galaxy Express and Galaxy Rugby Pro to lineup originally appeared on Engadget on Fri, 28 Sep 2012 11:24:00 EDT. Please see our terms for use of feeds.

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Source: http://www.engadget.com/2012/09/28/atandt-4g-lte-adds-galaxy-note-2-galay-tab-2-10-1-galaxy-express/

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Do you support distribution of contraceptives in school? | Momaha ...

Students, some as young as 14, will now have access to Plan B contraception ? more commonly known as the ?morning after? pill ? without parental consent.

It?s a progressive pilot program being introduced in 13 New York City public schools.

Parents do have the right to opt out of the program at the beginning of the school year.

The program, titled CATCH (Connecting Adolescents to Comprehensive Health) is part of a wider effort to lower the rate of teen pregnancy, as some 7,000 New York residents under the age of 17 get pregnant each year.

CATCH provided Plan B contraceptives to more than 1,000 students, and gave them access to Depo-Provera, an injection form of birth control.

Not surprisingly, some have expressed fury over the program.

But a 2009 Associated Press poll reported that more parents ? 67 percent of respondents ? support distribution of contraceptives in schools.

I?m always in awe over the number of people that object to greater access to birth control by teenagers.

I understand that as a parent you would prefer your kids not be sexually active until they are 1) married or 2) mature enough to understand both the complexity and the consequences of a sexual relationship.

I?d actually prefer my kids were 30 before they become sexually active, but according to the Kinsey Institute, the average age of first intercourse by males is 16 and?17 for females.?By the time they are 18, 70 percent of females are sexually active, compared to 62 percent of males.

Girls between ages 14-17 only use condoms 58 percent?of the time and even less, as they get older.? That?s a recipe for an awful lot of teenage mothers.

It?s shocking to me that some parents are willing to insist on abstinence.? Or worse yet, are burying their heads in the sand about the probability that their own children could very well be among the almost half of the teenage population, who are having partnered sexual relationships.

It?s also shocking that people complain about who?s going to pay for Plan B, which costs between $10 to $70. Compared to the $235,000 on average, it now costs to raise a child, I?d say the state of New York is being ?fiscally responsible.?

From the New York City?Department of Health, the statistics for teenage pregnancies are as follows:

  • 7,000 girls under age 17 got pregnant last year citywide.
  • 90 percent of those pregnancies were unplanned
  • 64 percent were aborted
  • 2,200 became moms by age 17, and approximately 70 percent drop out of school

I?m almost positive the proper and widespread use of birth control would have a staggering effect on those statistics.

To me, it?s absolutely imperative to discuss sex and your wishes for abstinence with your children, if that is your position. I also think it?s irresponsible to withhold contraception from sexually active high school students because you?d prefer they didn?t have sex in the first place.

After all, isn?t it possible that open and honest communication about sexual relationships, birth control, pregnancy and its consequences could encourage your children to wait anyway?

Amy Grace is married with two children. You can read her every Friday on momaha.

* * *

Source: http://blogs.momaha.com/2012/09/23536/

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Iranian news agency picks up Onion article as fact

CHICAGO (AP) ? A joke by the satirical newspaper The Onion appears to have gotten lost in translation.

An Iranian news agency picked up ? as fact ? a story from the paper about a supposed survey showing an overwhelming majority of rural white Americans would rather vote for Iranian President Mahmoud Ahmadinejad than President Barack Obama. But it was made up, like everything in the just-for-laughs newspaper, which is headquartered in Chicago.

The English-language service of Iran's semiofficial Fars news agency republished the story Friday, several days after it appeared in The Onion.

The Iranian version copied the original word-for-word, even including a made-up quote from a fictional West Virginia resident who says he'd rather go to a baseball game with Ahmadinejad because "he takes national defense seriously, and he'd never let some gay protesters tell him how to run his country like Obama does."

Homosexual acts are punishable by death in Iran, and Ahmadinejad famously said during a 2007 appearance at Columbia University that "in Iran we don't have homosexuals like in your country."

The Iranian version of the article leaves out only The Onion's description of Ahmadinejad as "a man who has repeatedly denied the Holocaust and has had numerous political prisoners executed."

The article was featured prominently on the Fars website alongside its usual fare of stories about advances in Iranian military technology, condemnation of Israel and Iran's nuclear program. The story appeared to have been taken down by about mid-day, Chicago time.

Calls to Fars representatives were not answered Friday.

The Onion reveled in the fact that it had been taken seriously.

Onion editor Will Tracy put out a tongue-in-cheek statement that referred to Fars as "a subsidiary of The Onion" that has acted as the paper's Middle Eastern bureau since it was founded in the mid-1980s by Onion publisher T. Herman Zweibel.

"The Onion freely shares content with Fars and commends the journalists at Iran's Finest News Source on their superb reportage," Tracy said in jest.

It's not the first time a foreign news outlet has been duped by The Onion. In 2002, the Beijing Evening News, one of the Chinese capital's biggest newspapers, picked up a story from The Onion that claimed members of Congress were threatening to leave Washington unless the building underwent a makeover that included more bathrooms and a retractable dome.

Associated Press

Source: http://hosted2.ap.org/APDEFAULT/386c25518f464186bf7a2ac026580ce7/Article_2012-09-28-US-ODD-The%20Onion-Iran/id-4da7ed5742fb402c95b4bb27456317d1

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Friday, September 28, 2012

ZTE Engage cleared to land at Cricket on October 2nd for $250

ZTE Engage cleared to land at Cricket on October 2nd for $250

We recently caught first sight of the ZTE Engage at a press event in New York, but while Cricket was more than happy to let us play with its latest smartphone, the carrier stopped short of providing us with its pricing or arrival date. All of that changed this afternoon, as we now know that the ZTE Engage will become available on October 2nd with a no-contract price of $250. As a quick refresher, the handset will feature a near-stock Android 4.0 environment and a Snapdragon S2 SoC with a CPU that's clocked at 1.4GHz. Other relevant specs include a 4-inch WVGA (800 x 480) TFT-LCD display, an 8-megapixel rear camera with a VGA front-facing counterpart and a 1,900mAh battery. For complete details, you'll find the full PR right after the break.

Continue reading ZTE Engage cleared to land at Cricket on October 2nd for $250

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ZTE Engage cleared to land at Cricket on October 2nd for $250 originally appeared on Engadget on Thu, 27 Sep 2012 21:37:00 EDT. Please see our terms for use of feeds.

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Source: http://feeds.engadget.com/~r/weblogsinc/engadget/~3/Mdz0F_HsOis/

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Personal Bankruptcy: Developing A Plan That Works For You


Posted on Sep 28, 2012 in Credit Score | Comments Off

Many people are quick to judge others badly when they have to declare bankruptcy, yet they are also as quick to change their mind if they are suddenly in that boat. A simple change of circumstances, such as job loss, can quickly change a life to the point where bankruptcy may be the only way out. If you find yourself in this situation, the below article will assist you.

When deciding to file bankruptcy, do not feel ashamed of your situation. Most people feel like a failure and get depressed when they file. After you consider all the factors involved and determine that this is your only solution, then try to convince yourself that this is actually a positive first step in securing your financial future.

Check your bankruptcy papers to make sure they are accurate. Although you might have an attorney that fills out and files your paperwork, it?s your responsibility to check if all the information is accurate. Bear in mind that a lawyer deals with many cases and there is always a chance of a screw up. It?s important you ensure there are no mistakes, and that any paperwork being filed for you is accurate.

Before going through the Chapter 7 filing process, ensure that your co-debtors are abreast of any implications relating to this process. When filing Chapter 7, you are not longer liable for the debts that you and a co-debtor signed for. Although, your creditors may insist that the co-debtor pay off the entire debt.

Never take huge cash advances directly from your credit cards before you file for bankruptcy, since you know that all debts will be erased from these cards. If a creditor notices that activity they can constitute it as fraud and sue to have you pay it all back even after your bankruptcy is complete.

You may have your case dismissed because of errors. Normally you can re-file in this case. But, generally speaking, the automatic stay will apply for 30 days only if you have already received a prior dismissal. You might be able to push the case off for a bit if the judge sees good cause in the error you made and sees that you refiled.

Be sure everything is clear to you about personal bankruptcy via looking at websites on the subject. The United States Department of Justice, NACBA, and American Bankruptcy Institute websites are all great places to go for up-to-date information. As with everything in life, the more you know about filing a claim, the better off you?ll be. You can properly prepare when you know what you?re preparing for.

Before you make the final decision to file bankruptcy, consider the other options you have. Perhaps credit counseling can resolve your issues. There are a lot of organizations that are non-profits and can assist you. Their job is to lower your payments and interest through negotiations with your creditors. They collect payments from your and then pay the creditors.

Be as honest as you possibly can when filing for bankruptcy; hiding liabilities or assets will only hurt you in the long run. Wherever you file, that court has to be made aware of all details regarding your finances, positive and negative. Don?t withhold information, and create a smart way of coping with the reality of the situation.

You need to tell your bankruptcy attorney about all of your financial obligations, even small ones. You probably know that you need to disclose consumer debt and medical debt, but you might not realize this means you need to disclose any debt you owe individuals, as well, even family.

Make sure to come out of the bankruptcy better informed and better able to handle your finances. Having large medical bills is an understandable cause of financial difficulties, but if you have an issue with shopping too much, you may have more trouble ahead. You may need more help that a bankruptcy lawyer can provide if you are constantly spending money that you don?t have.

If you?ve already tried everything you can think of to dig out of your financial mess, it might be time for bankruptcy. You need not feel guilty about your financial situation if the choices that have put you in it were made by other people. You can find the information that you need in the article below.



Source: http://credit-deal.com/credit-score/personal-bankruptcy-developing-a-plan-that-works-for-you/

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Thursday, September 27, 2012

Yanks fall to Twins, fail to stretch lead

By JON KRAWCZYNSKI

AP Baseball Writer

Associated Press Sports

updated 10:25 p.m. ET Sept. 25, 2012

MINNEAPOLIS (AP) - Phil Hughes ran out of gas in the seventh inning and Boone Logan couldn't hold the lead for him as the New York Yankees missed a chance to go up 21/2 games on Baltimore in a 5-4 loss to the Minnesota Twins on Tuesday night.

Hughes (16-13) was strong through six innings and the Yankees jumped out to a 3-1 lead. But he left with the bases loaded and two outs in the seventh, and the lefty Logan let one run score on a wild pitch before giving up a two-run double to Denard Span that put the Twins in front.

Joe Mauer followed with his third single of the game to cap the four-run seventh, and the Twins held on to keep the Orioles, who lost to Toronto earlier on Tuesday, 11/2 games back of New York in the AL East.

Nick Swisher homered for the third straight game, Russell Martin also went deep and Andruw Jones hit a pinch-hit solo shot off of closer Glen Perkins in the ninth inning for the Yankees. But Perkins struck out Jayson Nix for his 15th save.

Martin's soaring shot in the seventh off of Casey Fien (2-1) in the seventh was his 19th of the season, which ties a career high, and gave New York a 3-1 lead.

But Hughes ran into trouble in the bottom of the inning after allowing just one run on four hits in the first six. With much better command of his fastball and changeup than he's had lately, Fien retired nine of the next 10 batters after giving up an RBI double to Chris Parmelee in the fourth.

Then things went a little haywire for the 26-year-old right-hander. He gave up a single to Ryan Doumit, walked Parmelee and Jamey Carroll reached on an infield hit with one out to load the bases.

With Hughes at 99 pitches, Yankees manager Joe Girardi went to the lefty Logan to face a string of four straight left-handed hitters in the Twins lineup. Logan's first pitch was wild, getting by Martin to allow Doumit to score. Span followed with the double and Mauer the single to raise his average to .326, just behind Triple Crown candidate Miguel Cabrera (.329) in the American League.

It was a disappointing finish for Hughes, who has won three straight starts and was appearing to pick up steam with the postseason just over a week away. He finished with four runs on six hits and four strikeouts in 6 2-3 innings.

Derek Jeter extended his hitting streak to 19 games with a single in the first inning and Robinson Cano went 3 for 3 with a walk for the Yankees, who could have opened their largest division lead since Sept. 1.

Esmerling Vasquez gave up two runs on seven hits with five strikeouts in six innings for the Twins.

NOTES: On Monday night, Curtis Granderson joined Babe Ruth, Lou Gehrig, Mickey Mantle and Jason Giambi as the only Yankees to hit 40-plus HRs in back-to-back seasons. "Especially with the number of guys that have played for the Yankees and put the pinstripes on, at least for one sentence I get to get mentioned with those guys," Granderson said. "That's pretty cool." ... Twins OF Josh Willingham did not play because of a strained left shoulder. He's listed as day-to-day. ... Mauer had only thrown out seven of 56 base runners on the season, but he went 2 for 2 on Tuesday night, getting Ichiro Suzuki and Martin on strike-em-out, throw-em-out double plays in the third and fourth. ... The Twins send RHP Samuel Deduno (6-5, 4.54) to the mound on Wednesday for the finale against LHP CC Sabathia (13-6, 3.47).

? 2012 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.


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Braves are in!

Freddie Freeman hit a two-run homer in the bottom of the ninth inning to put the Atlanta Braves back in the playoffs with a 4-3 victory over the Miami Marlins on Tuesday night.

Yanks fall to Twins, fail to stretch lead

MINNEAPOLIS (AP) - Phil Hughes ran out of gas in the seventh inning and Boone Logan couldn't hold the lead for him as the New York Yankees missed a chance to go up 21/2 games on Baltimore in a 5-4 loss to the Minnesota Twins on Tuesday night.

Source: http://nbcsports.msnbc.com/id/49173699/ns/sports-baseball/

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It's Your Time! ? Free Internet Games No Download. Online Gaming ...

Posted on 9/27/2012 at 7:06:55 AM

Igaming with flOw is a type of meditation, a centered relaxation in the mind. Ideas is usually shared and brand new things learnt throughout interaction with other folks. But people with free offerings obtain income from publishers. Like a gamer achieves success in any game, his or your girlfriend social status and even prestige is brought up. A huge free online game website will offer many free games with regard to toddlers, children, teens, and even older people. For anybody who is keen on any sort of particular game(?s) then can play absolutely free or pay that will play. We are able to divide these adventures into broad categories like careers, action, strategy and excursion.

Those people playing games out there on the web choose them regarding: The utility used for uncovering such file kinds originally was devised for creating animations. Seek links to play an example world or complimentary trial offers you. There are come to your stage when these can be addicted to these free online games. It has the brilliant amalgamation connected with colour is dramatic and bright, with a dewy spark. This is most likely the way the sector is moving, as companies seek to cut back piracy and inspire casual gamers to play with greater frequency.

You obviously have to watch whatever you are carrying out and about when is involves downloading free on-line games off the World-wide-web. The video game offers great brain stimulation and makes tremendous excitement to get children. Some games might be mentally refreshing along with other online games tend to be so stimulating in such a way to get your current adrenalin pumping. But a question is, are these thoughts games that dependable? Not only can you hone your skills further and you have also just used your energy in productive means. And when we finally are talking upto a free game, things get much more interesting.

You must be able to experience a paid game at some level before putting your money exactly in danger. Many people display more ambitious behaviors and fewer supportive behaviors. Since such games occur inside persistent worlds, they always offer something a new comer to do or someone novices at meet, and are a sensible way to both kill time frame and feel relatively, if fleetingly, productive. The site is definitely the hub for most of cricket enthusiasts who would like to exchange notes concerning their favourite video game. Online gaming is actually a technology rather than genre. The choice of games available is usually wide and every bit as varied. And so whatever your towards, there?s plenty of variety to hold you entertained, basically forever; -).

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Source: http://itsyourtimetosucceed.com/?p=76104

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'I See Your Soul Mate': Sue Frederick Discusses How to Find the ...

By Bernadettle McCadden

Sue Frederick is more than just an author; she is an intuitive life coach who helps people get in touch with their spirituality and higher self. She uses this intuition to guide her through life and encourages people to trust their gut when it comes to making decisions. Her previous book, ?I See Your Dream Job: A Career Intuitive Shows You How to Discover What You Were Put on Earth to Do,? shows people how their specific birth date corresponds with the mission they were put on this Earth to do.?Her newest book,??I See Your Soul Mate: An Intuitive?s Guide to Finding and Keeping Love,? follows the same premise but focuses on romance instead. Frederick explains how you can?t truly find your soul mate until you are fulfilling your unique mission. She uses birth paths to help you recognize your strengths and weaknesses in relationships?and also provides other birth paths that work well with your own.

We had the chance to talk with Frederick about trusting your intuition to find the love of your life.

Your book focuses a great deal on discovering your own birth path before?focusing on finding your?soul?mate.?Can you briefly define birth path?and explain the importance of it?

We all come here to do significant work that helps our own soul evolve and also helps to raise the consciousness of other people. We have the potential to do something great, which is explained in the vibrations in our birth path order. That?s why we?re drawn to different careers and have certain dreams. Yet, when we get here, we buy into the negative messages that talk ourselves out of that greatness. At every opportunity in life, we can still make a choice to live up to that full mission, and that?s what?s in the birth path.

You talk about intuition as well.?How can you develop your intuition and make it stronger?

Intuition comes from our right brain, while logic and reason come from our left brain. We live in a world dominated by the left brain, which is good and bad. We have great advancements in technology, but we?ve lost touch with our spirituality. That?s why there is so much unhappiness in the world. As we each step into our right brain and trust our intuition, we?re able to get in touch with our higher self. We can really see our mission and begin fulfilling it, which is what attracts true love and helps us find our soul mate.

My favorite way to make your intuition stronger is daily meditation, which quiets your left brain and gets you into right brain consciousness. The Buddhists and Hindus figured out a technique thousands of years ago where you repeat a sacred sound, which they called ?a mantra.?

Related: Are You My Guru? How Medicine, Meditation and Madonna Changed My Life

Can you give us an example of an intuitive dating technique?

The minute that somebody asks you out, make sure you have a piece of their information, whether it?s their name, birth date or career. Write it down and put your hand on that piece of paper. Then, close your eyes and do a little bit of mantra meditation for a few minutes. You?re going to start feeling their energy. These odd little images, words or thoughts, which are about this person, will start popping into your subconscious out of seemingly nowhere. If the words are good, like sweet and loving, that means you should go out with this person. If the words are negative or you feel fear, it?s someone you don?t want to pursue.

The book?provides?readers with?birth path numbers that work well with?their own number. What would you say to people who are currently in love or with someone whose birth path number does not match their own??

There?s a lesson in that relationship. If you look at Kim Kardashian and Kris Humphries, both are master soul paths 22 who came together with great work to do. Their relationship number is an 8, which is the number of power. It would?ve worked if Kris hadn?t become a conventional man who wanted Kim to give up her career and be a stay-at-home mom. Kris was abusing his power, and Kim could see that her life was going down the drain.

There is a lot of research we have to live through until we find our soul mate. I?ve had great passion and joy but also great heartbreak, and?I think it?s all been on purpose.

Related:?Is Dating Your Ex Off Limits?

What do you think about the ever increasing divorce rate??Are younger couples failing to find their?soul?mate?as older couples have done? Or are they simply more open to splitting up and starting over?

I think the vibrations of awareness have increased. You can?t just be miserable and hate your partner and not have it fall apart. It used to be that you could live a life in that negativity and never really wake up. Now, you get into that negative state and something instantly changes. You have to make a choice to evolve to your highest state and make the relationship work or to go on your own learning?journey?and find your own mission. If you?re really living true to your mission and highest self, you can find your soul mate and have that love last for a lifetime.

How can someone truly know if their partner is their?soul?mate?

It?s about how you feel when you?re with them. If you feel empowered to be your best self and if your partner is looking at you and seeing that greatness in you, even when you can?t see it, that?s a soul mate.

In your book, you share?that fear and worry prevent us from fulfilling our true mission and ultimately finding true love. How can people avoid this pitfall??

Meditation. That negative self talk is part of being in the physical world, but we can learn to override it with a positive thought. Say to yourself, ?Who am I to doubt myself? I came here with something important to do, and I brought gifts and talents to do it.? It?s not about the ego of doing your work; it?s about letting the work come through you to help the world. Once we can look at our lives this way, everything shifts.

You can purchase ?I See Your Soul Mate: An Intuitive?s Guide to Finding and Keeping Love? on Amazon.?You can also receive guidance from Frederick or get information on her live events here.


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Source: http://www.cupidspulse.com/i-see-your-soul-mate-sue-frederick/

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Wednesday, September 26, 2012

FTN: 'Barfi' not the best Indian entry for the Oscars - IBN Live - Games

Video

Sagarika Ghose: Hi there. Yes, the film 'Barfi!' is India's entry for the Oscars for the year 2013. There's been a great deal of adverse comment on this choice made by the jury of the Film Federation of India with many, saying 'Barfi!' was simply not the best in a list that included among others the Telegu film 'Eega', Hindi films 'Paan Singh Tomar', 'Gangs of Wasseypur' and 'Kahani', Marathi film 'Deeol' and Malayalam film 'Akashthinte Niram'. Critics say Barfi borrows heavily from other films and is too dependent on the Bollywood star system. Let's ask our panellists, if sending 'Barfi!' to the Oscars is doing an injustice to Indian contemporary cinema?

Joining us tonight Sudhir Mishra, producer and filmmaker. Joining us Meenakshi Shedde, film critic. Joining us Rajeev Masand, entertainment editor of CNN-IBN. And Manju Bora, Assamese filmmaker, and she was the head of the jury of the Film Federation of India, which has in fact sent 'Barfi!' to the Oscars. Let me kick it off with you Manju Bora. You were the head of the jury that has sent 'Barfi!' to the Oscars. Let me put to you a question that has come in from a viewer. This is Malvika Chandan, who has written to us on twitter. She has said, "Wondering about selection criteria and if Film Federation of India has been biased to films that portray India more positively." She has asked a second question, "If 'Barfi!' does get nominated it joins the league of 'Lagaan', 'Salaam Bombay', 'Mother India'. Does it belong to that league?" So two questions, what are the selection criteria, and does 'Barfi!' belong to the league of 'Mother India', 'Lagaan' and 'Salaam Bombay'?

Manju Bora: First of all I would like to clearout that this film for Oscar nomination for foreign category is not selected by the Film Federation of India. Film Federation of India, is am organisation which brings people from different states and form a jury, it is the responsibility of the jury to select a film. That is my first clarification.

Critics say Barfi borrows heavily from other films and is too dependent on the Bollywood star system.

FTN: 'Barfi' not the best Indian entry for the Oscars

CNN-IBN

Sagarika Ghose: So it is a jury that is based from members of Film Federation of India.

Manju Bora: No, jury is selected from different parts of the country, and Film Federation of India is no say in selecting a movie.

Sagarika Ghose: Right. But you were head of this jury?

Manju Bora: Yes.

Sagarika Ghose: So comment on these two questions. What are the selection criteria and does 'Barfi!' belong to the league of 'Mother India', 'Lagaan' and 'Salaam Bombay'?

Manju Bora: Well, it depends on the films which get entry to the competition. Like this year there were only 20 films. The country were we talk about producing largest number of films in the world, so we can't send a film which is in controversy. But with our limitation, our job was to select a film, and the 11 judges headed by me? so we selected one film out of those 20 entries which are being made in India. Suppose you want to send a very suitable film, but if it is not produced in our country, what can we do about it? But in our selection process, I think, we were very honest, and out of those 20 films, with majority 'Barfi!' became a winner.

Sagarika Ghose: And what are the selection criteria?

Manju Bora: Selection criteria is like we have to see the films in totality. There are different elements in a film, as everyone knows, so those elements need to be there. Like, good craftsmanship, good performance, all these things are considered. And which film can represent our country, it has to be very Indian, and another criterion is that the producer has to an Indian. Another criterion is that the film has to be released in India.

Sagarika Ghose: So the primary criteria is that it has to be Indian, it has to represent the Indian realities. But can only Hindi films do that, Sudhir Mishra let me put it to you, there is in fact a question from a viewer Abhinandan Chatterjee, this has also come to us on Twitter, he writes, "Why not Chitrangada directed by Rituparno Ghosh, an outstanding film? Why are regional films always neglected for Oscar entries? And in fact Rituparno Ghosh has himself Twitting. Rituparno Ghosh has been Twitting, "What I'd like to point out is that all Indian Oscar nominations have come from Bollywood, barring a few 'politically perforced' Marathi films. Why this discrimination? India has a strong enriching tradition of regional cinema being made all over the country." Respond to that, do Hindi films necessarily get chosen above regional cinema in Oscar entries?

Sudhir Mishra: Well let me first of all say that there is a lot of criticism against 'Barfi!', where Chaplin is brought into the question. If you see films like the 'Artist' and many other films, they are all Chaplin inspired. For example, I think, Gangs of Wasseypur is a great film, but, you know, people select and one film that is gone, and I think you should now hope for it to win. That said you know I have always thought that India represents many industries, then there should be more than one film that should go. Kerala film industry is very different from the Bombay industry, which is very different from Tamil industry, which is very different from Bengali industry. I think, at least three films should go always, one from East India, one from South India, and one from Bombay, because they are three separate industries, and I think o choose one is not a good thing. And it does a lot of disservice to lot of films from other parts. I have always said that more than one film should go. I mean, there are three distinct industries in India.

Sagarika Ghose: Let me get the film critics in here, Rajeev Masand do you think that in the regional films that were in the list, 'Eega' for example the Telegu film, it was highly graphic from what I hear. Do you really think that 'Barfi!' really standout, given the choices of regional films that were also on the shortlist.

Rajeev Masand: I think, it is not possible to find one film that will satisfy everyone, I think it is difficult to pick one best film, but I do think that in a surprising good year, it has been a fantastic year and there has been some good films, and like you correctly said there were some regional films that clearly have been overlooked. A film like 'Deeol' Marathi film, I think is as good as 'Barfi!' if not better. And I do think there is clearly very often, you know, the jury tends to look at Bollywood films more favourably. I think that is clearly very evident. It is a surprisingly very good year, and there were very fine films. Is 'Barfi!' the best film, it's hard to pick a film that everyone likes, but I think there were some very strong films even with in other Bollywood films, I think films like 'Paan Singh Tomar', Gangs of Wasseypur', films like 'Kahani', as good as 'Barfi!' if not better.

Sagarika Ghose: So there were in fact? 'Paan Singh Tomar', when I putout by Twitter poll, whether 'Barfi!' was the best film or not, 'Paan Singh Tomar', won lot of votes. Let me come to you Meenakshi Shedde, a writer in Firstpost Lakshmi Chaudhry has written that there are three reasons why 'Barfi!' will be an Oscar dud. She says that 'it borrows heavily from Charlie Chaplin's 'Adventure and City of Light', from 'Notebook', from 'Singing in the rain'. She also says it is not uniquely Indian, and she also says that it is simply not good enough. The choice that the jury is very Hindi centric and it shows that it is enslaved by Bollywood hierarchy. Do you agree withy this take or not?

Meenakshi Shedde: I find 'Burfi!' quite charming but I have to agree that it is not uniquely Indian. In a sense, when I say, it means sit won't be same in any other culture that is not true. But I think film like 'Eega' or 'Deeol' are much more uniquely Indian. And they also often insides into our society and culture, and are self critical. If you also have at the end an underdog as the hero, that is an ultimate combo. But I think the biggest tragedy this year, that we really had a mixed jury, with a regional filmmaker heading the jury, and we still could not look beyond Bollywood, I think, that is the biggest tragedy, really.

Sagarika Ghose: Manju Bora, respond to that, you are a regional filmmaker yourself, was the jury enslaved by the Bollywood hierarchy, the Bollywood star system.

Manju Bora: As an independent filmmaker I always have this question in my mind, that all the electronic media, even the print media? do they ever think to promote a regional film. For example, films from Assam, Manipur, films from other states, they have forgotten to do that. Suppose I want to promote my film, will any channel come and do publicity of my film.

Sagarika Ghose: But what about your role to promote regional cinema?

Manju Bora: We would always like to promote regional films, but in fact what we are doing practically. But this moment I'm very said to say that in the 20 films, most of them were Hindi. No film came from Odisha, no film came from Bengal, from Assam?

Sagarika Ghose: But just because maximum films come from Hindi, that doesn't mean you choose only from Hindi. You could make choices based on cinematic quality.

Manju Bora: Definitely, when you are selecting a board, some juries are there from different regions, then you have to depend on them, and as rules go, which ever movie gets me maximum votes get selected.

Sagarika Ghose: So t is winability rather than talent. Let me bring in Rajeev Masand here, Rajeev, I know you have strong views on winability and the films that can actually win, can actually lobby, and market themselves to the academy, as Aamir Khan showed with 'Lagaan' that you have to go out there and market and lobby for your film. Does that guide the jury?

Rajeev Masand: It does, I mean, it should. I'm going to say something very controversial here, you are not really meant to be looking at the best film, you are meant to be looking at the correct film. You are meant to be looking at a film which could exploit that opportunity. And, you know, like it or not, fortunate or unfortunate, the truth is that a lot of Bollywood films, coming from big studios, have a much greater opportunity to exploit that potential. Last year there was a regional film that was sent, and in fact the producers, you know, came out very openly and said they needed help from independent producers, independent filmmakers to really fund their Oscar campaign because really what happens at this point is just a film being selected from India. The work really starts from this point on. And the whole selection process? I have to appreciate what Manju Bora said, she said, "20 films were submitted and most of them were Bollywood films." There is a flaw in the system itself, the film has to be entered by a producer. The truth is that a lot of regional films and filmmakers don't enter because there is a heavy fee to enter that film line. The fee is perhaps Rs 1 lakh, but you have to understand that for a lot of regional films that is a big amount. And then the cost of staging a campaign, Oscar campaign, in the US, where they need to woo the academy to look at your film is an expensive and long procedure, which a lot of Bollywood films have those deep pockets. Producers like UTV, producers of films like 'Barfi!' have those deep pockets. Aamir Khan spent 4-5 months after 'Lagaan' was selected, to actually run that campaign, to make sure that maximum numbers of jury members watch 'Lagaan', which is why 'Lagaan' made it to that shortlist of five films. So, yes, it is about winability, it is not really so much about which is the best film. In any case it is hard to pick the best film and find a film that pleases everyone. It is about which is the film that could do, that can exploit that potential and make it to that final shot. And I also want to say, given that criteria, also, I think, perhaps one has to look at films like 'Paan Singh Tomar', 'Kahani' if one was looking at stronger Bollywood films. And as Meenakshi said you need films that are inherently Indian. You need films that are topical. If you just look at films that have won Oscar in the foreign language category in the past couple of years. you know, the films like 'Departures', the Japanese film, even film like Roberto Benigni's film 'Life Is Beautiful', these are films that are inherently true to their culture. And also films that are typical, but that in case of 'Barfi!' is not true.

Sagarika Ghose: But is 'Barfi!' true to its culture, because again quote from Lakshmi Chaudhry article, she has quoted Mark Harris who is a film writer who has written, "That in the best foreign language film category, the academy likes movies that depicts, the drawbacks, the ritual, the sociological peculiarities, the class and historical scars of which ever country they are from." So what he is trying to say that the academy prefers the realism of the foreign language film. And 'Barfi!' this time is up against 'warwick' which is about child soldiers in South Africa. So is 'Barfi!' actually reflecting the gritty reality of India, or is it a beautifully shot film, which perhaps doesn't have the change against the criteria which the academy wants from foreign language films.

Rajeev Masand: In deed that is true in fact also because if you look a 'Barfi!', you know, it is a sweet film, but it is not the escapist part of the film that is the problem, you know, if you look at the film like Roberto Benigni's 'Life Is Beautiful'. 'Burfi!' is a very sought of upbeat film, but it is not topical. But 'Burfi!' is not very fine film, it is just not topical.

Sagarika Ghose: You made some very, very points, let me get Sudhir Mishra, Sudhir Mishra, my statistics, we have sent 45 films to the Oscars since 1957, 30 of them are in Hindi, 15 only in the regional languages. Two Bengali, eight Tamil, two Marathi, two Malayalam, one Telegue. Do you also agree what Rajeev is saying, that in fact the regional cinema doesn't have the financial muscle to mount an Oscar campaign?

Sudhir Mishra: No, while Bombay film industry is entitled to send one movie, and 'Barfi!' is the choice? and I don't agree with the criticism that it can't be Chaplainst. That was a choice of the jury, you know, there was a time when 'Hazaron Khwahishen' didn't go and some other went. There can be many stories that can be bought? but I would like to reemphasise that you should lobby with the American academy that India is not one industry?

Sagarika Ghose: No but respond to that point, Sudhir Mishra, you made that point before, respond to the other point, the regional cinema doesn't have the financial muscle, is that the problem?

Sudhir Mishra: No, for example, something link 'No Man's Land' is not coming from a rich production company, or anything.

Sagarika Ghose: So you don't necessarily need that big budget.

Sudhir Mishra: I mean, may be you do, but if you don't have a budget doesn't mean you can't send a film.

Sagarika Ghose: Meenakshi Shedde, let get you to respond to what Rajeev Masand was saying that in fact it is not just talent, it is not just the best film it is the winnable film, that is the kind of film that needs to go. Do you want to give us your take on that?

Meenakshi Shedde: That is absolutely right, you know, from the Malayalam film (*) last year, it really suffered although it got selected, because there is a strategy required, but also because it has to release in a specific parts of Los Angeles. So it is not just having the money, it is also knowing, who, how, and not crossing the line. This is completely different from making a great film, so I think, that does come in, but it really shouldn't stop us from sending a good film from India. For example film like 'Paan Singh Tomar', it was uniquely Indian; it was offering insides to our society, and I think the producers had deep pocket, so I think in that sense it had press more buttons. And we should really think out of the box, I thought 'Arjun' was totally fantastic Indian film, you won't find that in any culture, it was really mesmerising elements from all over Asia, in its art and in its story telling. I don't think Box office is the criteria in this case, but also deep pocket, if they were really behind it. In fact Disney from overseas invited it to be released in Los Angeles.

Sagarika Ghose: There are other factors that apply, but Manju Bora let me put it to, you know, the charges of plagiarism that exist against 'Barfi!', that the fact that it as been taken from Charlie Chaplin. There are scenes that are lifted from the notebook, there is that the music is copied, there is apparently similarities in singing in the rain. I am quoting Lakshmi Chaudhry, she says, "When it comes to Oscars, however, we are content to watch a good not great 'Barfi!' doodle towards expected failure, so why bother competing at all." What do you think these charges of plagiarism disqualify 'Barfi!'

Manju Bora: No actually he had to go through a democratic process, and like earlier as I said the majority said 'Bardi!' is the winner. So I can't comment on plagiarism, because everybody know how films are being made, and how good movies are copied by many good filmmakers

Sagarika Ghose: But did the jury know, was the jury aware that these scenes were lifted?

Manju Bora: No, nobody discussed that thing? According to the rules, no remake film is suppose to in the winner list. But it was not discussed in the process of our selecting the film. And neither I had any knowledge before coming here.

Sagarika Ghose: So simply had no knowledge that these were lifted. Had you known would you have chosen 'Barfi!'

Manju Bora: No, it is not possible, as a filmmaker, I can't say that I have seen all the films made in this world. And only after seeing those films I have come to become the jury of the competition.

Sagarika Ghose: But Charlie Chaplin you must have seen?

Manju Bora: Charlie Chaplin is my favourite, of course, Ranbir Kapoor was sometime like Charlie Chaplin and sometime even like Raj Kapoor, but what ever he was, he came out very well. Whether he copied Charlie Chaplin or Raj Kapoor, the character he played, I think, he did justice to the character.

Sagarika Ghose: But you don't regret sending 'Barfi!', now that you know about the charges of copying.

Manju Bora: No, you see, after selecting one film, with all the limitations we had, now I can't repent, I can't even say anything because once it is selected by the majority votes, it is being selected. If we had selected other film, same think would have happened, that why this film.

Sagarika Ghose: So you hope in fact for a better film. Very quickly Rajeev, do you think that the charges of the copying that exist against 'Barfi!' will actually even disqualify it in Oscars.

Rajeev Masand: I don't think it will disqualify it is Oscars, because to be fair Charlie Chaplin is not the problem here, Ranbir has said all along that he had been channelling Chaplin. He said that he is channelling Raj Kapoor. I don't think the plagiarism charges will come in the way. I also that I know Sudhir Mishra has a very intresting take on the whole plagiarism charge and why all films are in a sense inspired from either real life or from other creative arts. But on the note was it the correct film to send this year, were there better films, I think there were better films this year.

Sagarika Ghose: There were better films. Thank you very much, Sudhir Mishra, Mudhir Mishra, Rajeev Masand, and Meenakshi Shedde.

Source: http://ibnlive.in.com/news/ftn-barfi-not-the-best-indian-entry-for-the-oscars/295351-64-151.html

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Exercise does a body -- and a mind -- good

ScienceDaily (Sep. 25, 2012) ? We've heard it time and time again: exercise is good for us. And it's not just good for physical health -- research shows that daily physical activity can also boost our mental health. But what actually accounts for the association between exercise and mental health?

A new article in Clinical Psychological Science, a journal of the Association for Psychological Science, explores whether certain psychosocial factors may help to explain the benefits of daily physical activity for adolescents' mental health.

Karin Monshouwer of the Trimbos Institute in the Netherlands and colleagues at Trimbos and VU University Medical Center specifically wanted to examine two existing explanations for the link between exercise and mental health. The self-image hypothesis suggests that physical activity has positive effects on body weight and body structure, leading to positive feedback from peers and improved self-image, and ultimately improving mental health. The social interaction hypothesis, on the other hand, holds that it's the social aspects of physical activity -- such as social relationships and mutual support among team members -- that contribute to the positive effects of exercise on mental health.

Monshouwer and her colleagues surveyed over 7000 Dutch students, ages 11 to 16. The adolescents completed validated surveys aimed at assessing their physical activity, mental health problems, body weight perception, and participation in organized sports. The researchers also gathered data on the adolescents' age, gender, and socioeconomic status; whether they lived at home with their parents; and whether they lived in an urban area.

The researchers found that adolescents who were physically inactive or who perceived their bodies as either "too fat" or "too thin" were at greater risk for both internalizing problems (e.g., depression, anxiety) and externalizing problems (e.g., aggression, substance abuse). Adolescents who participated in organized sports, on the other hand, were at lower risk for mental health problems.

Confirming both the self-image hypothesis and the social interaction hypothesis, adolescents' body weight perception (i.e., "too heavy," "good," or "too thin") and sports club membership each partially accounted for the relationship between physical activity and mental health, even after taking adolescents' backgrounds into account.

These results suggest that certain psychosocial factors -- body image and social interaction -- may help to explain at least part of the connection between physical activity and mental health. The researchers acknowledge, however, that other factors, such as the physiological effects of exercise, are probably also at work.

"We think that these findings are important for policymakers and anyone who works in healthcare or prevention. Our findings indicate that physical activity may be one effective tool for the prevention of mental health problems in adolescence," says Monshouwer.

Monshouwer and her colleagues hope that future studies will be able to examine similar questions while following participants over time. Such longitudinal studies could help researchers to understand how physical activity type and context might influence the relationship between exercise and mental health.

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Disclaimer: This article is not intended to provide medical advice, diagnosis or treatment. Views expressed here do not necessarily reflect those of ScienceDaily or its staff.

Source: http://feeds.sciencedaily.com/~r/sciencedaily/top_news/top_health/~3/Mw4LFN8bQ88/120925171454.htm

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Tuesday, September 25, 2012

DePauw Wins Small College Classic

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Source: http://feedproxy.google.com/~r/DepauwUniversityNews/~3/KTlKmMCQS_E/

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10 DIY Home Improvement Ideas

10 DIY Home Improvement Ideas

10 DIY Home Improvement Ideas

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DO-IT-YOURSELF Do it yourself Concept #10

Set up walls paneling. If you do not such as the thought of piece of art or just like the appear associated with paneling, a call for your nearby do it yourself shop may be the response to the next DO-IT-YOURSELF do it yourself task. Walls paneling comes within linens, is actually pre-cut as well as prepared with regard to set up. Just about all you must do is actually put it within the preferred area as well as safe this.

Source: http://www.gardenstatefightscene.com/10-diy-home-improvement-ideas.html

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Monday, September 24, 2012

Make Some Changes Around Your Home With Home ...

Home improvements can increase the value of a home. Tips for making your remodel go smoothly are very useful for increasing your home?s value. The ideas provided will make your projects cost effective, and are the ones that increase the value of your house the most.

Staining a deck means selecting a tint from all of your options. There are color options such as clear, solid color and toners. There are positive and negatives to each one, so be sure to do research to get the best option for you.

When you are going to be doing home improvement projects, you should do the ones that you can see first. Buyers will judge a home on visual appeal and may be deterred from buying if they notice something wrong. It?s true that some improvements aren?t obvious, but the obvious ones are the ones that are seen.

Regularly maintain the septic tank. There are many chemical applications available to promote decomposition to help avoid costly buildups which overflow. When you plan home improvements, make sure you do not tamper accidentally with your septic tank. If you have to, get a house plan and make sure you can carefully avoid costly damage.

Consider updating the insulation of your house for your next energy saving home improvement project. Use weather-stripping on all windows and doors. By lowering the air flow in and out of the home, you can lower an expensive power bill and keep your wallets heavy. This can save you a substantial amount on your bills.

Try using wallpaper if you?re not a fan of paneling or painting. Wallpapering a room is easy and it?s an affordable way to refresh any room. Choose a wallpaper that will also be easy to remove in case you change your mind in a few years.

When making home improvements, try going with granite tiles rather than a granite slab. A slab of granite for counters may be over $5,000. Tiles are much cheaper and are generally around three hundred dollars. That way, you can achieve the granite look at a bargain price.

Fitted furniture is a good investment if you want to live in your home for the rest of your life. This kind of furniture can be stylish and give you more storage space, but it is costly and you cannot bring it to another home if you sell yours.

If you want to hire a contractor for your home improvement project, take the time to do some research about different contractors and talk to them. Ask if they have any experience with homes similar to yours. Find a contractor who has worked on similar projects. Take a look at their portfolio to see if the work they do will work in your renovation.

Your house life, and the life or repairs you do, can be slashed by lack of information when you are working on projects. That is precisely why you should implement the wisdom from this article to formulate a sound plan of home improvement.

Source: http://www.mudanzaurgente.com/index.php/2012/09/make-some-changes-around-your-home-with-home-improvementwith-me/

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Why Oakland's Mayor Falls Short

This article comes to us courtesy of the Bay Citizen.

By Jennifer Gollan

One of Oakland Mayor Jean Quan's first promises on taking office in January 2011 was to post her schedule online, giving residents a peek at how she manages the public's business.

It is a commitment she has had trouble keeping.

During the past eight months, Quan has not posted a single calendar entry. Before that, her posts were intermittent. All told, the calendar she has made available to the public covers less than 30 percent of the time she has been in office.

An aide attributed the lapse to understaffing in the mayor's office.

Visit The Bay Citizen to read the rest of this story.

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Source: http://www.huffingtonpost.com/2012/09/24/jean-quan_n_1908367.html

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You May Have The Exclusive Right To Sell Sandwiches, But I Can ...

7th Circuit Court of Appeals Judge Richard Posner has written an essay in the New Republic ?discussing? Justice Scalia?s recent book (co-authored with Bryan Garner), ?Reading Law: The Interpretation of Legal Texts.? In Judge Posner?s essay, he reminded us of an ?old saw,? an unreported 2006 Massachusetts court decision** about the meaning of the words we choose to use in our leases.*** In this particular case, the word is ?sandwich.?

A Panera Bread franchisee spent several months negotiating a lease, ?partly because of [Panera?s] request to include an exclusivity clause in the lease.? Panera prepared the original text and it was revised three times before the lease was signed. Subject to a number of carve-outs, the core of its disputed language was:

Landlord agrees not to lease? for [use as] a bakery or restaurant reasonably expected to have annual sales of sandwiches [emphasis ours] greater than ten percent of its total sales? .?

Pretty simple ? protect our sandwich business, we don?t want the competition.

Along comes the Mexican-style QSR (quick service restaurant f/n/a fast food restaurant) ? Qdoba. Its menu items include tacos, burritos, and quesadillas. So, after Qdoba spent ?over $85,000? in planning costs and contractually committed to spending another $300,000, Panera threatened its shopping center landlord and the landlord reacted by seeking a declaratory judgment to the effect that Panera?s exclusive use right had not been violated. Panera responded by asking the same court for a preliminary injunction to stop Qdoba. The niceties of those remedies, declaratory judgment and preliminary injunction, are described in the Ruminations?blog of September 2, 2012 (which can be found HERE.

Panera lost. Here?s why:

Simply speaking, Panera argued that a burrito was a sandwich and the Landlord argued that it was not. So, the court had to interpret the lease. There are a series of rules used by courts to aid in contract interpretation. An explanation of most of them will probably appear in a later edition of Ruminations. For now, all we need to know is that ?[t]he starting point must be the actual words chosen by the parties to express their agreement. [] If the words of the contract are plain and free from ambiguity, they must be construed in accordance with their ordinary and usual sense.?

From that point onward, it was all downhill for the court. It found that the term ?sandwiches? was not ambiguous. Thus, because the lease didn?t provide its own definition, it looked for the ?ordinary meaning.? Where did that come from? The court turned to The New Webster Third International Dictionary, where it found a ?sandwich? to be ?two thin pieces of bread, usually buttered, with a thin layer (as of meat, cheese, or a savory mixture) spread between them.?

Without saying so, the court couldn?t find the ?second? slice in a taco, burrito or quesadilla, and it didn?t even believe that the flour tortilla was bread. Panera tried to extend a finding by the International Trade Court?s to ?prove? that a corn taco shell was bread, but this court was unmoved. It said the Trade Court?s tariff-setting opinion used ?bread? in its commercial sense, but the Panera?lease was using ?bread? (as an unspoken part of ?sandwich?) in its ordinary sense, and tacos are not ordinarily thought of as ?bread.?

According to the court, there was no evidence that, during their negotiations,?either the landlord or the tenant intended burritos, tacos or quesadillas to be counted as sandwiches. Thus, Panera lost.

The Massachusetts court pointed out certain missed opportunities for Panera to have done a better job for itself. For one, during negotiations, it never even told the landlord that it had any concern about burritos, etc. Next, it knew or should have known of other QSRs that sold sandwich ?alternatives,? either by way of its general knowledge or because there were Mexican-style restaurants at other shopping centers near this very location.

Fundamentally, the court summed up this blog for us when it wrote: ?Because [Panera] failed to use more specific language or definitions for ??sandwiches? in the Lease, it is bound to the language and the common meaning attributable to ?sandwiches? that the parties agreed upon when the Lease was drafted.?

What went wrong for this Panera franchisee was that it forgot what it really wanted to protect. It defined its business too narrowly. The Panera franchisee shouldn?t have thought of itself as being a sandwich business. Assuming that it wasn?t going to be able to bar every other style of QSR, it probably should have seen itself as selling items that were the functional equivalent of sandwiches. Courts are people too, and as people they understand categories described by way of example. So, Panera could have ?gone for? a list, such as: ?sandwiches and the functional equivalent of sandwiches, including without limitation: wraps, burritos, tacos, quesadilla, and pita pockets.? Add ?hamburgers? or ?hot dogs? if that?s what you intend. That might have done the trick. Also, it would have fleshed out the ?issue? during negotiations, and had the text survived, this case would not have arisen in the first place ? no angst, no legal bills.

Now, to beat up on the court a little (as Judge Posner seemed to be doing). The court?s strict reliance on the dictionary ended any other attempt it might have made to understand what was really intended and, quite frankly, what should have been expected ? at least to the point where the issue could (or should) have been fleshed out during lease negotiations. That?s unfortunate because, had the court been inclined (or?persuaded by Panera?s attorneys) to think beyond ?textualism,? it might have realized that it was authorizing the sale of items like pita pockets (under the one piece of bread theory). From there, one could go to an intact roll with a slit on the side and stuffed with meat. How about an ?open? roast beef ?sandwich?? How about two of them on sale for five dollars? Eat them one at a time (meaning neither is the court?s ?sandwich?) or fold them together yourself ? sandwich or not? On the other hand, how would?have the court defined an ?open roast beef (or other open) sandwich? if it had already concluded that a sandwich needs two slices of ?bread??

Does the ordinary consumer ?see? a hamburger as a sandwich? The court did. Did the landlord? Honestly, did the tenant?

So, if any reader wants to take a shot at redrafting for Panera, keep in mind that using the ?list? approach of specifically saying ?tacos, burritos, and quesadillas,? and not using those as examples, might not catch wraps, pita pockets or similar foods of which neither the reader nor this writer are aware.

We won?t discuss whether a restaurant serving ?Middle Eastern? food is protected by a carve-out for ?near-Eastern? food. Nor did this court, even though the question apparently was presented. [Professor Wikipedia says it like this: ?Before the First World War, "Near East" was used in English to refer to the Balkans and the Ottoman Empire, while "Middle East" referred to Iran, Afghanistan, and Central Asia, and the Caucasus. In contrast, "Far East" referred to the countries of East Asia (e.g. China, Japan, Formosa, Korea, Hong Kong, etc.).? It also says the following: ?Many [who?] have criticized the term Middle East because of its implicit Eurocentrism.? Ruminations takes no position on this because, if it did, it would feel compelled to figure out what a ?Mexican-style restaurant? might be.

So, HERE IS A CHALLENGE to our readers. Send us YOUR examples of troublesome ?exclusive uses,? and if we get enough of them, we?ll share them ?back? to our readers. Here?s a chance to tell a war story, and a chance for us to edit your story and ?spread the word.?

Send them by posting a comment (and, that?s the best way), or by emailing your examples to imeislik@meislik.com.

__________

** For those who want to read the original court opinion, it is known as: White City Shopping Center, LP. V. PR Restaurants, LLC, 21 Mass. L.Rptr. 565, 2006 WL 3292641 (Mass. Super. 2006). If you can?t get a copy otherwise, email imeislik@meislik.com for one.

*** For those who missed it, Judge Posner takes issue with reliance on the dictionary to find ?original meaning.?

Source: http://www.retailrealestatelaw.com/2012/09/you-may-have-the-exclusive-right-to-sell-sandwiches-but-i-can-still-sell-burritos-because-a-burrito-is-not-a-sandwich/?utm_source=rss&utm_medium=rss&utm_campaign=you-may-have-the-exclusive-right-to-sell-sandwiches-but-i-can-still-sell-burritos-because-a-burrito-is-not-a-sandwich

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