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Jack Balkin:
jackbalkin at yahoo.com
Bruce Ackerman
bruce.ackerman at yale.edu
Ian Ayres
ian.ayres at yale.edu
Corey Brettschneider
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Mary Dudziak
mary.l.dudziak at emory.edu
Joey Fishkin
joey.fishkin at gmail.com
Heather Gerken heather.gerken at yale.edu
Abbe Gluck abbe.gluck at yale.edu
Mark Graber
mgraber at law.umaryland.edu
Stephen Griffin
sgriffin at tulane.edu
Jonathan Hafetz
jonathan.hafetz at shu.edu
Jeremy Kessler
jkessler at law.columbia.edu
Andrew Koppelman
akoppelman at law.northwestern.edu
Marty Lederman
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Sanford Levinson
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David Luban
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Gerard Magliocca
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Jason Mazzone
mazzonej at illinois.edu
Linda McClain
lmcclain at bu.edu
John Mikhail
mikhail at law.georgetown.edu
Frank Pasquale
pasquale.frank at gmail.com
Nate Persily
npersily at gmail.com
Michael Stokes Paulsen
michaelstokespaulsen at gmail.com
Deborah Pearlstein
dpearlst at yu.edu
Rick Pildes
rick.pildes at nyu.edu
David Pozen
dpozen at law.columbia.edu
Richard Primus
raprimus at umich.edu
K. Sabeel Rahmansabeel.rahman at brooklaw.edu
Alice Ristroph
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Neil Siegel
siegel at law.duke.edu
David Super
david.super at law.georgetown.edu
Brian Tamanaha
btamanaha at wulaw.wustl.edu
Nelson Tebbe
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Mark Tushnet
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Adam Winkler
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Compendium of posts on Hobby Lobby and related cases
The Anti-Torture Memos: Balkinization Posts on Torture, Interrogation, Detention, War Powers, and OLC
The Anti-Torture Memos (arranged by topic)
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Unsupported Assertions About the Formalist Age: A Response to Leiter
Thursday, September 09, 2010
Unsupported Assertions About the Formalist Age: A Response to Leiter
Brian Tamanaha
For several generations now, the US legal culture has almost universally accepted an account of our history that goes like this: The 1870s through the 1920s was the "formalist age," when most lawyers and judges believed that law is comprehensive, gapless, internally consistent, and logically ordered, and that judges mechanically deduce single right answers in cases. The legal realists came along in the 1920s and 1930s—building on Holmes, Pound, and Cardozo—to explode the formalist myth, showing that law is filled with gaps and contradictions, that contrary precedents exist, that judges make choices and create law, that their personal views sometimes influence their decisions, and that often judges reason backwards to provide legal justifications for a preferred result. This story has been repeated innumerable times, especially by legal theorists. Most everyone in law accepted it.
"What most stands out about Leiter's review, at least for me, is his serene certainty that he knows, and has long known, precisely what formalism is about and precisely what realism is about."
This hubris is shown by many who use "originalism" to promote a path that many claim leads to less of it. These are general remarks, so I'm not trying to say Leiter himself puts forth that philosophy. I don't know his philosophy really. But, I recognize the tone.
At least, this is what I have seen while discussing the matter from my more amateur perspective. The ignorance of history (or rather selective citation to defend one's p.o.v.) is repeatedly shown as well.
"History is more often than not ambiguous; therefore, it should seldom be determinative." So noted Eugene Van Loan III in an article discussing the 9A and interpretation of the Constitution generally. This to him didn't mean history wasn't useful. It just was not the only thing.
Looking over Prof. Tamanaha's book (and SSRN articles that address part of its discussion), I find this a good policy. If history is used, it should be used with more humility than some who this post addresses too often use ... and with a certain chip on their shoulder half the time to boot!
But, that's just my basic view. I leave the rest to the professional theorists around here.
BTW, Prof. Ronald C. Den Otter was a charming guest and saw that allowing comments can be relatively painless. I welcome others promoting their own or other books (etc.) to see the value of the point.
I think a scholarly dispute should be carried out in scholarly fora, and not in a superficial blog posting or blog comment. But I will make just two brief points:
1. I am not a "prime example" of someone who makes historical claims about the formalist age. (You misrepresent me that way in the book, and I corrected that misrepresentation in the review essay, so it's really a bit scandalous to repeat the misrepresentation here. Indeed, you even quote the same passage again that you quote in the book, failing, again, to note that I am characterizing a theory of adjudication, whose interest or plausibility does not turn on its historical pedigree.) The historical claims are, indeed, irrelevant for philosophical purposes, and you do not show otherwise (indeed, I take it you concede the point). I am primarily interested in formalism and realism as philosophical theories about law and adjudication, as I indicate quite clearly in my review essay. (Unlike formalism, however, I have also defended at length historical claims about what the American Realists thought, and here I do contest your historical claims, which trade on sloppy characterizations of Realism.)
2. I do not "opine[] that the conventional story about the formalist age withstands [your] challenge." To the contrary, as I state, even in the abstract of the paper, you make a prima facie case against anyone who wants to claim that Natural Law Formalism and Vulgar Formalism were prevalent in the 19th-century. You do not shed any light, however, on whether philosophically interesting forms of formalism, what I call Sophisticated Formalism, were or were not prevalent in the 19th-century. There are also evidential questions you neglect that would establish your thesis that there was no formalist age, but that doesn't mean the "conventional story" withstands your criticisms: you have shifted the burden of proof on this historical thesis (that's what it means to say you have made a prima facie case).
Leiter's objections seem to hinge upon the dubiously useful category of the "philosophically interesting" which he seems to conflate with "relevance." Given that he notes in passing the importance of such irrelevant ideas to current political debate, one wonders how he can find such things uninteresting.
Leiter plays the categorical "no true Scotsman" shell game that one would expect from obnoxious theorists on either side of the Midway, but is it possible that he is vastly mistaken about the intended audience of the book? For one to arrive at the detailed conceptualization of realism that Leiter demands, of course, one must actually be Leiter. Was this book written to please Brian Leiter?
Perhaps he is correct on all counts--"vulgar formalism" is nothing anyone cares to talk about, save those presumably superficial (but vocal) shapers of popular culture. Realist adjudication is vastly more complicated than a simple appeal to politics. Obviously, such distinctions are far more "philosophically interesting" in scholarly fora.
Unfortunately, Leiter has failed to notice that public policy is not always informed by what is "philosophically interesting." The current arguments about the proper roles of judges in American politics are hardly hinged upon whether something tickles someone's inner Dworkin or one's inner Schauer. Moreover, he fails to see, perhaps disingenuously, why history should be relevant at all to the discussion, even in a political era where nostalgia for a more perfect past (think Tea Party) is a primary political tool.
I say disingenuously because Leiter notes on several occasions that the "hoi-poloi and grandstanding politicians" are in favor of a vulgar formalism that isn't philosophically interesting. He turns and uses this distinction as proof of both why a formalist/realist division is useful and why it should be maintained.
I think that's the serious problem with the review: Leiter's myopic concern with defending the gates of his own conceptual framework (and legacy, I suspect) has blinded him to the possibility that the book could be speaking to someone other than Brian Leiter. Breaking down the idea that good judges are formalists in the vulgar / reduced sense and that bad judges are jaded realists is probably not a concern for someone who is interested in adjudication in and of itself.
It might, however, be a topic of concern for the hoi-poloi and the grandstanding politicians--you know, the sort that visit superficial blogs despite the fact that the participants are all legal scholars and almost all of the commenters have graduate degrees.
Ultimately, I think Leiter fails to understand the importance of historical context, not only in understanding the origins of polarization in the crossroads of politics and jurisprudence, but also in the reception and relevance of the very work he criticizes.
"[H]istorical claims are, indeed, irrelevant for philosophical purposes."
The claims themselves may be but if our arguments are meant to be founded in anything other than formalism, if the attempt is to represent something in the world, then the historical record of debate is extremely important.
But Leiter's philosophical naturalism discounts the importance of historical knowledge itself. Leiter links approvingly to Alex Rosenberg's essay "The Disenchanted Naturalist's Guide To Reality" which ends arguing that "History Is Bunk."
If the history of empiricism is bunk, then empiricism is bunk.
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Books by Balkinization Bloggers
Jack M. Balkin, The Cycles of Constitutional Time (Oxford University Press, 2020)
Mark Tushnet, Taking Back the Constitution: Activist Judges and the Next Age of American Law (Yale University Press 2020).
Andrew Koppelman, Gay Rights vs. Religious Liberty?: The Unnecessary Conflict (Oxford University Press, 2020)
Ezekiel J Emanuel and Abbe R. Gluck, The Trillion Dollar Revolution: How the Affordable Care Act Transformed Politics, Law, and Health Care in America (PublicAffairs, 2020)
Linda C. McClain, Who's the Bigot?: Learning from Conflicts over Marriage and Civil Rights Law (Oxford University Press, 2020)
Sanford Levinson and Jack M. Balkin, Democracy and Dysfunction (University of Chicago Press, 2019)
Sanford Levinson, Written in Stone: Public Monuments in Changing Societies (Duke University Press 2018)
Mark A. Graber, Sanford Levinson, and Mark Tushnet, eds., Constitutional Democracy in Crisis? (Oxford University Press 2018)
Gerard Magliocca, The Heart of the Constitution: How the Bill of Rights became the Bill of Rights (Oxford University Press, 2018)
Cynthia Levinson and Sanford Levinson, Fault Lines in the Constitution: The Framers, Their Fights, and the Flaws that Affect Us Today (Peachtree Publishers, 2017)
Brian Z. Tamanaha, A Realistic Theory of Law (Cambridge University Press 2017)
Sanford Levinson, Nullification and Secession in Modern Constitutional Thought (University Press of Kansas 2016)
Sanford Levinson, An Argument Open to All: Reading The Federalist in the 21st Century (Yale University Press 2015)
Stephen M. Griffin, Broken Trust: Dysfunctional Government and Constitutional Reform (University Press of Kansas, 2015)
Frank Pasquale, The Black Box Society: The Secret Algorithms That Control Money and Information (Harvard University Press, 2015)
Bruce Ackerman, We the People, Volume 3: The Civil Rights Revolution (Harvard University Press, 2014)
Balkinization Symposium on We the People, Volume 3: The Civil Rights Revolution
Joseph Fishkin, Bottlenecks: A New Theory of Equal Opportunity (Oxford University Press, 2014)
Mark A. Graber, A New Introduction to American Constitutionalism (Oxford University Press, 2013)
John Mikhail, Elements of Moral Cognition: Rawls' Linguistic Analogy and the Cognitive Science of Moral and Legal Judgment (Cambridge University Press, 2013)
Gerard N. Magliocca, American Founding Son: John Bingham and the Invention of the Fourteenth Amendment (New York University Press, 2013)
Stephen M. Griffin, Long Wars and the Constitution (Harvard University Press, 2013)
Andrew Koppelman, The Tough Luck Constitution and the Assault on Health Care Reform (Oxford University Press, 2013)
James E. Fleming and Linda C. McClain, Ordered Liberty: Rights, Responsibilities, and Virtues (Harvard University Press, 2013)
Balkinization Symposium on Ordered Liberty: Rights, Responsibilities, and Virtues
Andrew Koppelman, Defending American Religious Neutrality (Harvard University Press, 2013)
Brian Z. Tamanaha, Failing Law Schools (University of Chicago Press, 2012)
Sanford Levinson, Framed: America's 51 Constitutions and the Crisis of Governance (Oxford University Press, 2012)
Linda C. McClain and Joanna L. Grossman, Gender Equality: Dimensions of Women's Equal Citizenship (Cambridge University Press, 2012)
Mary Dudziak, War Time: An Idea, Its History, Its Consequences (Oxford University Press, 2012)
Jack M. Balkin, Living Originalism (Harvard University Press, 2011)
Jason Mazzone, Copyfraud and Other Abuses of Intellectual Property Law (Stanford University Press, 2011)
Richard W. Garnett and Andrew Koppelman, First Amendment Stories, (Foundation Press 2011)
Jack M. Balkin, Constitutional Redemption: Political Faith in an Unjust World (Harvard University Press, 2011)
Gerard Magliocca, The Tragedy of William Jennings Bryan: Constitutional Law and the Politics of Backlash (Yale University Press, 2011)
Bernard Harcourt, The Illusion of Free Markets: Punishment and the Myth of Natural Order (Harvard University Press, 2010)
Bruce Ackerman, The Decline and Fall of the American Republic (Harvard University Press, 2010)
Balkinization Symposium on The Decline and Fall of the American Republic
Ian Ayres. Carrots and Sticks: Unlock the Power of Incentives to Get Things Done (Bantam Books, 2010)
Mark Tushnet, Why the Constitution Matters (Yale University Press 2010)
Ian Ayres and Barry Nalebuff: Lifecycle Investing: A New, Safe, and Audacious Way to Improve the Performance of Your Retirement Portfolio (Basic Books, 2010)
Jack M. Balkin, The Laws of Change: I Ching and the Philosophy of Life (2d Edition, Sybil Creek Press 2009)
Brian Z. Tamanaha, Beyond the Formalist-Realist Divide: The Role of Politics in Judging (Princeton University Press 2009)
Andrew Koppelman and Tobias Barrington Wolff, A Right to Discriminate?: How the Case of Boy Scouts of America v. James Dale Warped the Law of Free Association (Yale University Press 2009)
Jack M. Balkin and Reva B. Siegel, The Constitution in 2020 (Oxford University Press 2009)
Heather K. Gerken, The Democracy Index: Why Our Election System Is Failing and How to Fix It (Princeton University Press 2009)
Mary Dudziak, Exporting American Dreams: Thurgood Marshall's African Journey (Oxford University Press 2008)
David Luban, Legal Ethics and Human Dignity (Cambridge Univ. Press 2007)
Ian Ayres, Super Crunchers: Why Thinking-By-Numbers is the New Way to be Smart (Bantam 2007)
Jack M. Balkin, James Grimmelmann, Eddan Katz, Nimrod Kozlovski, Shlomit Wagman and Tal Zarsky, eds., Cybercrime: Digital Cops in a Networked Environment (N.Y.U. Press 2007)
Jack M. Balkin and Beth Simone Noveck, The State of Play: Law, Games, and Virtual Worlds (N.Y.U. Press 2006)
Andrew Koppelman, Same Sex, Different States: When Same-Sex Marriages Cross State Lines (Yale University Press 2006)
Brian Tamanaha, Law as a Means to an End (Cambridge University Press 2006)
Sanford Levinson, Our Undemocratic Constitution (Oxford University Press 2006)
Mark Graber, Dred Scott and the Problem of Constitutional Evil (Cambridge University Press 2006)
Jack M. Balkin, ed., What Roe v. Wade Should Have Said (N.Y.U. Press 2005)
Sanford Levinson, ed., Torture: A Collection (Oxford University Press 2004)
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Update: Great tip from Joy Hawkins to get a sense of the changes: In fact, if you search Google.ca for anything you'll see the results that USED to show in the US yesterday (old algorithm I'm guessing)
Last night just before going to bed reports (h/t to Brian Mayo) started drifting in about missing 7 packs in the real estate results. Map results that had been showing on almost all real estate related searches had disappeared from the results as have DUI lawyers. Around that same time Searchineland reported that Google was reporting a major update to the local ranking algo:
Google has released a new algorithm to provide a more useful, relevant and accurate local search results that are tied more closely to traditional web search ranking signals. The changes will be visible within the Google Maps search results and Google Web search results.
The core changes are behind the scenes, but it does impact local search results rankings and some local businesses may notice an increase or decrease in web site referrals, leads and business from the change.
Google told us that the new local search algorithm ties deeper into their web search capabilities, including the hundreds of ranking signals they use in web search along with search features such as Knowledge Graph, spelling correction, synonyms and more.
In addition, Google said that this new algorithm improves their distance and location ranking parameters.
The Local Search Weather Report is showing higher volatility today and MozCast Feature Graph for local seems to have captured the loss of the 7 pack on a number of searches where it was previously present (although they are showing no decline in the carousel):
In searches I follow there has been both ups, downs and the disappearance of the pack where it was previously prominent. In one case a detached listing which had been doing well both organically and locally but wasn't in the pack returned to the pack.
There also appears to be less duplication of results in both the 7-Pack and the organic where the order of the organic and local results mirrored each other. And in this search at least, the radius of the search has been reduced significantly. The three organic top results were all located in the suburb to the east of the city.
Google noted in the SEL article that the changes were rolling out in the US. Curious if Canada or Europe is seeing a similar turmoil. Your observations would be welcome.Google Updates Local Algo with More Web Based Signals - Turmoil in SERPS by Mike Blumenthal

subset: commoncrawl


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SLASH, JUDAS PRIEST, FIVE FINGER DEATH PUNCH To Have Songs In 'BandFuse: Rock Legends'
BandFuse: Rock Legends, a new interactive gaming experience that connects real guitars and microphones to your game console, will be released later this year and will feature FIVE FINGER DEATH PUNCH's song "The Bleeding".
BandFuse: Rock Legends provides a "pick-up-and-play" experience. Whether you have never held a guitar before, or you are already playing in a band, BandFuse will have you rockin' with your favorite songs in minutes.
Realta has been licensing a massive collection of hit songs from today's top bands, and classic rock 'n' roll artists, including COLDPLAY, SLASH, LYNYRD SKYNYRD, JUDAS PRIEST and MAROON 5, to name just a few.
BandFuse connects real guitars and microphones to your game console, unleashing a full band experience for players of all skill levels.
A photo of FIVE FINGER DEATH PUNCH's Zoltan Bathory and Jason Hook behind the scenes from the BandFuse taping in Hollywood, California last week can be seen below.
For more information, visit www.bandfuse.com.


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See a GP or midwife as soon as you find out you're pregnant. If you're not yet registered with a GP, use the service search to find a GP near you. You can also find out about local maternity services.
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Read about the signs and symptoms of pregnancy and doing a pregnancy test.
Knowing that you're pregnant
When you find out you're pregnant, you may feel happy and excited, or shocked, confused and upset. Everybody is different. Even if you've been trying to get pregnant, do not worry if you're not feeling as happy as you expected.
Some of this may be caused by changes in your hormone levels, which can make you feel more emotional. Even if you feel anxious and uncertain now, your feelings may change.
Partners may also have mixed feelings when they find out you are pregnant. They may find it hard to talk about their feelings because they do not want to upset you. Both of you should encourage each other to talk about your feelings and any worries or concerns.
However you're feeling, contact an NHS professional (such as a midwife, GP or practice nurse) so you can start getting antenatal (pregnancy) care. This is the care that you'll receive leading up to the birth of your baby.
Find out about your schedule of antenatal appointments.
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The seasonal flu vaccine is offered if you are pregnant and at any stage of pregnancy. If you are pregnant and catch the flu virus, you are at an increased risk of complications and flu-related hospital admissions.
Find out about the flu jab and pregnancy.
Talk to a GP or midwife if you're unsure about which vaccinations you should have.
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You may also find the information from Sex Wise about being pregnant and not knowing what to do is helpful in explaining the choices you have.
Page last reviewed: 04/10/2019
Next review due: 04/10/2022


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Danny Ainge said he's confident that Rajon Rondo will learn from his latest suspension
The two-game suspension for Rajon Rondo likely won't change the demeanor of the All-Star point guard, and the Celtics have no issue with that.
President of basketball operations Danny Ainge said he had a private conversation with Rondo regarding his third suspension in nine months, and he understands that Rondo's temper and passion won't change.
"Rondo and I talked and I think Rondo is not happy with the fact that he's not there on this team in the next two games,'' Ainge said Friday. "I think that's the most important thing. Rondo's a very emotional player, he's a tough competitor. And I think he realizes that it's more important to play.''
When asked about Rondo's growing reputation as a volatile player, Ainge said: "I think [three suspensions in nine months] is high. I just hope the next nine months is better.
"Hey, listen, it's not good. There's nothing good about it but I love the kid, he's a competitor, he's a warrior, and he needs to be in control, and I'm confident he will.
"If it happens once in the next nine months, then maybe that's progress instead of three times. I don't expect that Rondo's going to play the rest of his career and not go over the line emotionally. I guess I'm OK with that, just going to learn from it.''
The Celtics have an open roster spot and Ainge said a big man is a more pressing need than backup point guard. He would not comment on whether the club has had discussions with free agent forward Kenyon Martin, considered the best available rebounder.
"There's some thoughts but there's nothing imminent,'' Ainge said of adding a player. "You've got to score and you've got to stop, it doesn't matter what plays you run. It doesn't matter if your playbook's five [plays] or your playbook's 500. We need to get stops and rebound the ball is what we need to do.''
Though the Celtics entered Friday last in the league in rebounding average, Ainge said the current roster can improve that weakness.
"It's been shown that it can come from within, and there's no doubt in my mind,'' he said. "Last year we were one of the worst rebounding teams. We got into the playoffs and we rebounded well.
"It's focus. It's effort. It's five guys doing it. All it takes is one guy to not be doing his job. That's sort of where we are. We are not getting everybody to lock in on every possession, and until we do we'll be ordinary.''
Rest isn't easy
The Spurs were fined $250,000 by the league Friday for sending four of their top players home before Thursday's showdown with the Heat in Miami. Doc Rivers, a close friend of Spurs coach Gregg Popovich, didn't agree with the penalty.
"I don't like it. I think we should have our [choice]. I do get the other side of it but it's a tough one,'' Rivers said. "You've got to coach your team to win in the long run and you've got to do whatever you need to do, and if it's sitting players, you sit players. It's a tough one.''
Rivers also has veteran players to rest but has never done something as drastic as send players home before the end of a road trip.
"Listen, we'll [rest players] when we want to do it, and we should be able to do it. It could be early in the season, end of the season,'' Rivers said. "There's just so many [issues]. Hopefully, we'll figure it out. I think it was an action and a reaction, and I thought the reaction was probably overdone and then you have to have an action [the fine].
"Whatever is going to help your team win, a coach is going to do because if you don't and it hurts your team then you won't be around.''
Quick returns
The Celtics were glad to have Jeff Green and Chris Wilcox available in Friday night's 96-78 win over the Trail Blazers; both left Wednesday's loss to the Nets.
Green sprained his right knee but finished the game and participated in Friday's shootaround. He scored 19 points. Wilcox left the Brooklyn game with an illness and did not participate in shootaround. Rivers said he was leaning toward keeping the forward/center out of Friday's game, but he came off the bench after Jason Collins picked up three first-quarter fouls. Wilcox had 2 points in 14 minutes.
Joseph back up
The Celtics recalled forward Kris Joseph from the Maine Red Claws of the NBADL. He scored his first NBA points on two fourth-quarter free throws . . .
Avery Bradley was shooting on the court before Friday's game but his return to practice is uncertain. An NBA source said Bradley is "very close'' to being ready for competition.
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Mariners' leadoff position up for grabs
PEORIA, Ariz. -- Mariners manager Lloyd McClendon readily acknowledges that as things stand, Robinson Cano will hit in the three-spot in this year's lineup, with Corey Hart penciled in at cleanup. The team's new skipper likes Kyle Seager as a potential No. 2 hitter. But when it comes to leading things off?
"There are three or four guys [I'm thinking about] right now," McClendon said Wednesday. "We have to sort it out and see how everything shakes out. I'm not ready to reveal who those guys are."
Much depends on who winds up with starting jobs, of course. Brad Miller led off 67 games last season for Eric Wedge, but he is in a battle with Nick Franklin for the shortstop role, which McClendon described as wide open. Franklin started at leadoff once last year.
Endy Chavez (38 games), Michael Saunders (25), Dustin Ackley (6) and Abraham Almonte (2) all led off to start at various times last year and are competing for outfield jobs this spring, but those positions are far from settled. Other leadoff hitters used last year were Jason Bay (13) and Franklin Gutierrez (10), neither of whom are still with the team.
Seattle has not had a traditional leadoff-type hitter since the 2012 departure of Ichiro Suzuki and brought in little speed last season. The Mariners ranked 28th in stolen bases last year with 49, ahead of only the Cardinals (45) and McClendon's former Tigers club (35).
McClendon is not as concerned about stolen-base numbers as he is with being smart on the basepaths.
"We certainly have guys that should be able to steal bases," he said. "But one of my pet peeves and something I really believe in, you don't have to be a fast runner to be a good baserunner. That's one of the things we're trying to stress, being mentally prepared on the bases to do the right thing and anticipate different situations.
"When you talk about closing the gap and winning close games, baserunning does it more for you than any other aspect of the game. Going first to third, taking second on a ball in the dirt, going second to third on a ball in the dirt."
McClendon noted that Tigers star Miguel Cabrera is a very good, instinctive baserunner despite being a big man at 260 pounds. Thus, it is not only road runners who can win a game on the bases.
"I think it's anticipation," McClendon said. "I keep harping on this, and I want my guys to understand, when we talk about mental preparation, it's mental preparation on the basepaths as well. When you've got a guy on the mound that throws two-strike splits that bounce, then you ought to know that and anticipate. So when he does throw one, you're moving up. It's the little things that close the gap for you."


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DC is definitely a cocktail town - one that's big on local and housemade ingredients with lots of traditional aesthetic. Here's a list of some drinks (and places) you won't want to miss in the capital city.
America Eats Tavern's "Moscow Mule" and "Suffering Bastard"
U.S. & World
Lead Bartender Owen Thompson whets the palette when it comes to ginger zingers. First, with the "Moscow Mule" - an American favorite and a drink found across the country. Vodka is usually my liquor-of-choice so with the lime and ginger beer, and served in it's signature copper mug, the drink came together perfectly and made for a very well rounded drink. I tried a few at other places through the city, but if you want a Moscow Mule, this is your place. To continue on the ginger fix, Owen went off-menu with the "Suffering Bastard"-a drink that he tells me was invented during WW2 for hungover troops of the british army. A drink that includes gin, bourbon, lime, angostura bitters, and ginger beer - it's a tasty one to sip throughout the night. America Eats Tavern 405 8th St NW, Washington, DC 20004 / 202-393-0812
Ping Pong "Spicy Mango Tree"
With all-day, all-night dim sum, you've gotta have some drinks! And here at Ping Pong, cocktails are creatively inventive and completely inspired by the flavors of Asia. One of my favorite summer treats are mango-chili ice pops, so the "Spicy Mango Tree" definitely caught my eye. This cocktail gives you a little sweet and a little spice to turn a fruity cocktail much more exciting. The flavors of mangoes, vanilla-chili sugar, fireball whiskey and single estate rum topped with a cassia were really rewarding, but honestly one look at any of Ping Pong's cocktails, you know you're in for an exotic treat. Ping Pong 1 Dupont Circle NW, Washington, DC 20036 / 202-293-1268
Lincoln's "Gettysburg Address"
Square One Botanical, Veev Açaí, beet puree, ginger, lemon…not your typical ingredient list when it comes to cocktails. But this was what made this drink such an incredible surprise. One sip takes you on a ride with its earthy undertones, floral scent, and refreshing crisp bite. It's beauty was evident just in the pure color of the drink, but then with its rich and intoxicating flavors - it's a cocktail that peaks all the senses. Lincoln 1110 Vermont Avenue NW, Washington, DC 20005 / 202-386-9200
Copyright LXTVN - LXTV


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Equity futures are higher this morning as we follow what is likely wave c up of wave 2 up. Here's the overnight action:
The dollar and bonds are down, oil and gold are both flat.
The Monster employment index gained 1 point, rising from 119 to 120, here's econoday's report:
Monster's employment index rose 1 point in October to 120 indicating a slight improvement in job demand. Transportation & warehousing, a sector especially sensitive to pivotal shifts in the economy, was unchanged for a third straight month.
Weekly unemployment continues to run over 500,000 per month, this month at 512,000. I remind everyone that we need to ADD jobs at the rate of 150,000 per month just to break even with population growth. The unemployed have been unemployed for record amounts of time, roughly 7,000 per day are falling off the roles, their benefits exhausted.
Initial jobless claims are clearly on the decline, down 20,000 in the Oct. 31 week to 512,000 (prior week revised 2,000 higher to 532,000). The four-week average is down for the ninth straight week, 3,000 lower at 523,750 for a 25,000 decrease from late September. Continuing claims are also declining but here the change is likely a negative, due largely to the expiration of benefits. Continuing claims, in data for the Oct. 24 week, fell 68,000 to 5.886 million for the seventh decline in a row. The unemployment rate for insured workers is unchanged at 4.4 percent, a level that is down 8 tenths from a peak in late June. In contrast, the overall employment rate has continued to climb, at 9.8 percent in September and is expected to increase another 1 tenth in Friday's data for October. Remember, improvement in both initial and continuing claims during September did not correlate to improvement in either payrolls or the household survey.
In more quirky statistics, we see wild swings in worker productivity thanks to annualizing the one month numbers and thank to cash for clunkers and other government spend money we don't have programs:
Recession induced labor cost cutting has continued into the recovery and businesses are seeing gains in productivity as a result. Nonfarm business productivity in the third quarter surged 9.5 percent annualized, following a revised 6.9 percent boost in the second quarter. The third quarter advance came in above the market forecast for a 6.3 percent surge. This was the largest gain in productivity since the third quarter of 2003, when it rose 9.7 percent. In tandem, unit labor costs dropped an annualized 5.2 percent after declining a revised 6.1 percent in the second quarter. The consensus had projected a 3.9 percent plunge.
The latest spike in productivity reflected both higher output and fewer hours worked. Output jumped an annualized 4.0 percent while hours worked fell an annualized 5.0 percent.
Year-on-year, productivity improved to up 4.3 percent in the third quarter from 1.9 percent the previous quarter. Year-ago unit labor costs dropped to minus 3.6 percent from down 1.2 percent in the second quarter.
A huge part of the third quarter boost in productivity came from the manufacturing sector which saw a 13.6 annualized percent spike after a 6.8 percent gain in the second quarter. The latest manufacturing number was the largest quarterly increase for the series which begins in 1987. Much of the improvement likely came from the auto sector which had seen huge layoffs but recent output increases from the impact of the cash-for-clunkers program.
The latest productivity numbers are good news for companies trying to improve their profits but they are bad news for the unemployed. Firms are expecting remaining employers to work harder instead of starting to rehire.
The third quarter jump in productivity should help lift equities.
Look at that chart! Labor costs are crashing. When will they learn that in a consumer economy people must work in order to spend? It's either a virtuous circle or it's the toilet bowl swirl. I'm seeing swirl. All businesses need workers who earn money through work to buy their products. We are seeing a historic shift in that now some people are getting their money for free from the government for doing nothing – unemployment checks, food stamps, cash for clunkers, housing tax credits, all designed to pump money into the system. No, productivity is not growing at nearly 10% a year, that's an anomaly of their statistic gathering. Note, however, that the pressure being placed on working people in America is gathering steam. Fewer hours worked, less pay. The middle class squeeze that really got started with Greenspan's policies is running much hotter now.
Meanwhile the government fights to keep housing expensive, voting just last night to extend the housing tax credit both in terms of time and massively in terms of who's eligible. The Senate did this in concert with extending unemployment benefits, favoring people who are unemployed in hard hit states over those who are unemployed in not so hard hit states… the logic of which completely escapes me, but that's our government with their stupid hands ruining every aspect of the America we thought we lived in.
Senate throws a lifeline to the jobless
Lawmakers pass bill extending unemployment benefits by up to 20 weeks. Legislation also extends homebuyer tax credit into next year.
NEW YORK (CNNMoney.com) -- After weeks of partisan debate, the Senate voted on Wednesday to lengthen unemployment benefits by up to 20 weeks and to extend the $8,000 homebuyer tax credit.
The closely watched legislation would extend jobless benefits in all states by 14 weeks. Those that live in states with unemployment greater than 8.5% would receive an additional six weeks. The proposal would be funded by extending a longstanding federal unemployment tax on employers through June 30, 2011.
The measure would apply to those whose benefits will run out by Dec. 31, which is nearly two million people, according to Senate estimates. Those whose checks have already stopped would be able to reapply for another round.
The vote was 98 to 0.
"With 15 million Americans still unemployed and vying for just three million available jobs, we did the right thing today by passing this bill and doing it in a fiscally responsible way," said Sen. Max Baucus, D-Mont., who helped craft the bill. "Today, we gave unemployed Americans the chance they need to get back on their feet, get through this tough time and get working again."
The measure now moves to the House, which passed its own benefits extension in September, giving an additional 13 weeks in high-unemployment states. The two bills must now be reconciled, though the House is expected to support the Senate's version.
"Now that this legislation has passed the Senate, I will bring it to the House Floor for a vote as early as tomorrow," said House Majority Leader Steny H. Hoyer of Maryland.
The bill would then move to the White House for the president's signature. Last week, the administration said it supports extending benefits.
7,000 a day losing benefits
The Senate has been bickering over the details since September, and that cost more than 200,000 people their benefits. Some 7,000 unemployed Americans run out of benefits each day, according to the National Employment Law Project.
Millions of Americans are now depending on unemployment benefits, as the unemployment rate continues to soar. The unemployment rate hit a 26-year high of 9.8% in September, and is expected to go even higher when the October numbers are released on Friday.
More than one in three people who are unemployed have been out of work for at least six months, according to the law project.
Lawmakers twice lengthened the time people can receive checks to as much as 79 weeks, depending on the state. But at least one Republican warned this would be the final extension.
"The public needs to ... know, this is the last extension," said Johnny Isakson, R-Ga.
Tax break for buying a home
The legislation also would extend the $8,000 homebuyer tax credit to contracts signed by April 30 and closed by June 30. The controversial credit, which many say has boosted home sales in recent months, was set to expire after Nov. 30.
The Senate's bill also created a $6,500 credit for those who buy a home after owning one for the last five years. That measure would apply to contracts signed by April 30 and closed by June 30. The current credit defines a first-time homebuyer as someone who has not owned a residence within the past three years.
The Senate bill would raise the adjusted gross income cap to $125,000 for single filers and $225,000 for joint filers. The amount of the credit currently begins to phase out for taxpayers whose adjusted gross income is more than $75,000, or $150,000 for joint filers.
"It's gonna put people back to work, the home builders, put people in the real estate business," said Sen. Chris Dodd, D-Conn. "The kind of jobs that can make a difference."
The extension will cost $10.8 billion over 10 years, according to the Joint Committee on Taxation.
Through mid-September, 1.4 million tax returns had qualified for the credit, according to the IRS. Some portion of those returns, which the IRS couldn't specify, represents buyers who took advantage of an earlier version of the tax credit, which was only worth $7,500 and has to be repaid over time.
By the end of November, the credit will have been used by 1.8 million homebuyers, at least 355,000 of whom would not have bought a house without the tax break, according to estimates by the National Association of Realtors.
"The data on the present home buyer tax credit show that the credit has had its intended impact -- sales have jumped in recent months to a projected 5.1 million for the year and housing inventory has been trimmed, thus stabilizing home prices noticeably," said Ron Phipps, the association's first vice president, in Senate testimony last month.
The credit, however, has also posed many problems. Critics say it's a waste of money because most of those claiming the credit would have bought homes anyway.
It's also been the target of fraud. Some 74,000 people claimed more than $500 million in credits even though they may not be first-time homeowners, according to Treasury officials. And more than 580 children, including some as young as 4-years-old, have claimed the credit.
"Some key controls were missing to prevent an individual from erroneously or fraudulently claiming the Credit and receiving an erroneous refund of up to $8,000," said J. Russell George, Treasury inspector general for tax administration, before a House subcommittee last month.
Was there ever any doubt they would vote to spend more money they don't have, or that they would fight to keep housing UNAFFORDABLE to those who are smartly and patiently waiting for home prices to come down into historic affordability levels? Does everyone get that the tax credit is designed, not to provide affordable shelter for Americans, but to provide more taxpayer life support to the banks? Have we learned anything? Apparently not, and thus wave C down is going to be long and painful, and it will continue until the lessons of math and history are learned again. Yes, that is part of the cycle, but this cycle is on a much higher level than even that of the Great Depression. I'm thinking this should be called the Great Deception.
They justify these actions in the name of being humanitarian, but in fact what they are doing is simply insane. There is very little real economy left, either these programs go on forever (likely) or when they eventually end, the economy will simply continue to crumble at that time. Everyone will blame everyone else, never seeing the role they played in creating a shell of a once vibrant economy.
I covered the technicals pretty thoroughly yesterday evening. It looks like we are sketching out a little a-b-c that follows wave 1 down to produce wave 2. The top of wave twos is the place to get short, in my opinion. I think we're likely to run up to the 1,061 pivot and possibly to the 61.8% fib which is located just above 1,070. Somewhere near this range, if the wave count is correct, we should roll over into wave 3 down. By the way, this wave 2 and wave 3 are most likely all a part of a larger wave 1, just to put every thing into perspective – there's a long way to go and there will be a lot of opportunity along the way.
I'm not sure how long c of 2 up will last… it could top later today, tomorrow, or even early next week. I would not be surprised if it fizzled today, especially with the gravestone doji produced yesterday. Proportionality would suggest, however, that maybe it runs into the weekend, and then wave 3 would begin next week. And Monday is the 9th, a Bradley and Fibonacci turn date. I should note that it is still possible by the count that wave B up has not finished… we could even go on to new highs, and thus it could be that we make a turn higher for a final run up. I HIGHLY doubt that, not with all the other signs of a top, like the rising wedges. But, that's why when I get short, I place stops and limits on my positions and do not accept large losses. If I'm wrong, then I'm wrong, I fight to keep my mistakes small. Something our government should have been doing and learning years ago. Ahh, if only they had one of these…
Styx – Crystal Ball:


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- Get your chili on at the 7th annual Plaza-Midwood/Chantilly Chili Cookoff Saturday. Gates open at noon at 1318 Central Ave., near Sammy's and the Family Dollar. There also will be live bands, a bake sale, a bike show, a raffle and other stuff. $10 gets you a lot of samples, and raises money for Hospice & Palliative Care Charlotte. Drink tickets are also available "for a reasonable price," according to the release. Of course, if it's five-alarm chili, "reasonable price" might mean "how much are you willing to pay for a squirt from a fire hose"? Details: www.pmccookoff.com or email Nancy Cole at firstname.lastname@example.com.
- HoneyByrd Sweets is back to making toffee after Howard and Kathryn both were sidelined by health troubles. They won't have their stands at the Charlotte Regional or Matthews Community farmers markets, but they's taking orders for the holdays and offering free shipping. Get the details and the list of candies at www.honeybyrd.com.
- Go, Kim Hansen! The Charlotte blogger is a finalist in the Avocado League, an online contest for game-day avocado recipes feature the hometown flavors of the eight finalists. She needs online votes through Oct. 28 to win $5,000 and a year's worth of avocados. Her recipe for Avocado and Cream Sauce is currently in second place, behind Chicago but ahead of that tiny town to our left, Atlanta. To vote and get the recipe, go to http://www.theamazingavocado.com/bighit/
- Tea fans, it's time to get reservations for the annual Matthews Victorian Christmas Teas, put on by the Matthews Woman's Club at the Historic Reid House in downtown Matthews. The teas are held Dec. 2-5 and include lots of tea-related nibbles. Tickets are $25. You have to call to get one: 704-849-5063.
Friday, October 8, 2010
What's coming up in food world
Posted by Kathleen Purvis at 9:36 AM
Labels: avocado, chili cookoff, honeybyrd sweets, kim hansen, Victorian tea
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text: Nike Basketball is an institution; its legacy cemented, it's place in sneaker culture constant. First spearheaded by a classic run of signature shoes for players like Charles Barkley, Anfernee "Penny" Hardaway, and more in the '90s, the Swoosh brand's hoops division maintains its spot as the industry standard today thanks to releases for sponsored athletes LeBron James, Kobe Bryant, and Kyrie Iriving, just to name a few. And that's without mentioning the incorporation of Nike's latest technology and progressive designs that give Nike Basketball sneakers lifestyle appeal.


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Dan McDermott
Dan McDermott
Sold Out
Original Art
0% Finance
Kiss, Dan McDermott 2013
Oil on linen
Size: 100 x 130cm
About the Art
McDermott's vivid, sleek and glossy oil paintings hold in perfect balance the relationship between image and the materiality of paint.
His technique enthusiastically embraces both technological visual media and traditional art materials. By progressing images through various generations of production and reproduction, McDermott arrives at his rich representations typified by heightened colour and tone. His works are defined by a personal style enlivened by compositional cropping and unusual vantage points.
About the Artist
Originally from the North of England, McDermott is currently based in Gloucestershire and has forged an impressive portfolio over a 20-year career. He has exhibited extensively throughout the UK and Internationally.


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Will Facebook users 'like' the Home app for Android smartphones?
Facebook on Thursday announced new software for Android phones that promises to "put people ahead of apps," by showing photos and friends' updates from the social network as the central feature of a smartphone's homescreen.
The new Home software puts some of Facebook's most important services front and center on a phone, making them easier to use and in some cases giving less prominence to mobile apps from other companies. Analysts said that may set the stage for more competition in the future with Google and other app-builders.
Home will come preinstalled on a new smartphone made by HTC, but it will also be available starting April 12 as an app for other Android phones through the Google Play store.
Demonstrating the software at Facebook headquarters, CEO Mark Zuckerberg promised a crowd of reporters and analysts that it will "turn your Android phone into a great, simple social device" -- making it even easier to check in with friends while standing in line at the store or killing a few minutes between meetings at work.
While phones and computers have traditionally been designed around programs and apps, Zuckerberg said, the new software is intended to emphasize "people first" because it displays photos and updates on the phone's primary screen automatically -- a feature called "cover feed" -- without forcing the user to open a Facebook app on the phone.
The software also integrates text messaging and Facebook's own messaging service in a feature called "Chat Heads," which displays a small photo of the person sending a message and lets users chat with friends without interrupting other functions or apps on the device.
By making it easier for smartphone users to access Facebook's services, the company is clearly hoping to increase their "engagement" and deliver more mobile advertising to those users.
Zuckerberg said the new Home software won't show advertising, to start. But when asked if ads may eventually appear in cover feed, Zuckerberg answered succinctly: "Yup."
Analysts said the new features are visually attractive and will likely appeal to many Facebook users. But since the software puts so much emphasis on photos and other content from friends on Facebook, it may turn off some people.
"There are some very passionate Facebook users. I think they'll love this," said Gartner tech analyst Brian Blau.
But for other people, added mobile tech expert Chris Jones of the Canalys research firm, "there are different levels of willingness to expose themselves to a particular app. Some people like to keep their home screens fairly plain. Some people want to see their own photos, not other peoples' photos."
Jones added, "I think a lot of people may be really reluctant to dive into this straightaway."
The software only works with the Android operating system, made by Google, which means its features aren't available for iPhones or other gadgets running operating systems from Apple or Microsoft. Facebook has also worked closely with Apple to integrate its services with the iPhone's operating system, but Zuckerberg praised the open-source Android platform on Thursday because it was designed to be easier for outside developers to build on.
The new HTC phone, called First, will be sold through AT&T for $99 with a two-year contract. Zuckerberg said the app will be available for downloading onto a limited number of Android phones from Samsung and HTC, but the company is working on versions for other Android phones and tablets.
Nearly half of Facebook's 1 billion active members check the social network regularly on their smartphones or tablets. With more than $300 million in mobile ad sales last quarter. Facebook's share of the U.S. mobile advertising market grew from zero to nearly 10 percent in 2012, according to eMarketer.
That means Facebook is increasingly competing with Google, which still dominates the market because it shows more mobile ads when people use Google's search engine and other services on both Android and Apple phones. Facebook users can still turn to those Google services while using the new Home interface, although analysts said Facebook may be able to subtly encourage users to use competing services from Facebook instead.


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Facebook Kills Off Its Search Ads (Updated)
Remember when Facebook was going to go toe-to-toe with Google by selling ads in its search results?
Well, that's over.
Facebook is killing off its "sponsored results" ad unit, just a year after launching it (and less than a year after its formal launch). This is part of the Great Facebook Ad Slimdown of 2013 that the company announced last week, where it will be killing off some of its 27 different ad units.
(Update: A Facebook rep clarified that after sponsored results go away, the company will still be selling search ads. If you type a query into the company's search box, then click on the "Web search" option, you'll see a page that includes sponsored links from Microsoft's Bing engine. And it may add additional search ads down the line.)
Facebook said it has yet to figure out how many of those ad units it is actually going to execute, so apparently it will be making a series of announcements in the coming weeks. Stay tuned! (This has a very "Hunger Games" feel to it, right?)
Recall that lots of smart people said that Facebook search ads would be a natural winner, and that chatter got even louder once Facebook announced its "Graph Search" upgrade. But apparently they underwhelmed.
As always, this is yet another good reminder that Facebook's ad strategy is under construction, so it's likely to continue experimenting with stuff, and tossing out the ones that don't work. If advertisers are cool with that experimentation, then no worries. But if they lose patience with it …
Here's Facebook's official explanation of the axing:
"In keeping with the goal of streamlining our ad products, starting in July advertisers will no longer be able to buy sponsored results. We've seen that most marketers were buying sponsored results to advertise their apps and games, and we already offer mobile app install ads and Page post link ads on desktop to achieve these same goals."
And here's what a Sponsored Result ad looked like in search results (it's the one for Marvel):


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We've been undergoing a bit of a food revolution in our house over the past few months, trying to eat as cleanly as possible (when we're home and can control it, at least!) in the interest of being our best and healthiest selves. We eat lots of organic meat and eggs, lots of fruit and veggies (keeping the Dirty Dozen organic, at least), and a little organic dairy, and we've majorly reduced our beer and wine consumption. It's been tough, but worth it. Lest you think we're going crazy, I did bring a caramel apple pie to my friend Christopher's amazing Thanksgiving dinner and enjoyed every single bite. (Life without any indulgence hardly seems worth living, am I right?) Still, we're doing the best we can as often as we can.
Changing our lunch habits has been a major challenge throughout this process. I used to alternate between Lean Cuisine and turkey sandwiches; Dr. O was eating the previous night's leftovers, or (horror of horrors!) Lean Pockets, in the event of an emergency. Since I really wanted to get away from processed food, I bought a bunch of glass Snapware at Costco and committed to stocking my freezer with homemade frozen lunches. I've made lots of delicious recipes (I'll share them, promise!), but today's recipe – Moroccan Vegetable Stew from Peace Meals – is one of my favorites. There's a lot of prep work with the veggies, but the stew is really simple and tasty. Plus, the ingredients fill my five-quart slow cooker to the brim, which means I have plenty of lunches to freeze.
Moroccan Vegetable Stew
Serves 6 – 8
2 tablespoons olive oil
3 cloves garlic, minced
1 teaspoon dried coriander
1 teaspoon dried cumin
1/2 teaspoon cayenne pepper
1/4 teaspoon cinnamon
5 cups vegetable broth (I use organic chicken broth, since that's what I keep on hand)
2 1/2 cups diced eggplant, about 2 medium
2 cups peeled and sliced carrots, about 5 small
2 cups cauliflower florets, about 1 small head
2 cups sliced zucchini, about 2 medium
1 cup chopped onion, about 1 medium
29 ounces canned stewed tomatoes (I use Muir Glen)
15 ounces canned garbanzo beans
1 cup chopped toasted almonds
3/4 cup currants
1 tablespoon coarse salt
1/2 cup non-fat plain yogurt (optional)
Heat the olive oil in a medium sauté pan over medium-low. Add the garlic and spices and cook until fragrant, about 1 to 2 minutes; be careful not to burn the garlic. Scrape the garlic and spices into a slow cooker. Add the broth and the remaining ingredients (except the yogurt) and stir. Cook on high for 6 to 7 hours. Allow to cool slightly. Purée 3 cups of the stew in a blender or food processor and return to the slow cooker, stirring to combine. Serve warm with a dollop of yogurt, if desired.
Source: Peace Meals
This is such warm, delicious, comforting food. You probably have to like eggplant in order to enjoy this one, but I just adore the way all the vegetables in this dish come together. I also love, love, love the hint of sweetness from the currants and the slight heat from the cayenne pepper.
The first time I made this stew, I was in a huge hurry, rushing to get out the door for some reason. I nearly skipped the almonds since I didn't want to take the time to toast and chop them. It would have been a huge mistake! I thought it was so strange to put nuts in a slow-cooker stew (surely they would get spongy, right?), but they add such a wonderful texture and flavor to the dish.
TIPS: When I first made this stew, I cut my vegetables into fairly large pieces since I assumed they would cook down quite a bit (especially the eggplant and the zucchini). It didn't really happen. Now, I use a small dice for the onion, a small-medium dice for the eggplant, and half-moons for the zucchini (and larger carrots). Also, I just put my hand blender right into the slow cooker for a few seconds at the end, rather than dirty my regular blender or food processor.


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11 May, 2011 | (01 hr)
Sign In to access this Webcast
This Conference KeyNotes Webcast will include discussion of key findings that emerged from The 2011 Strategic Outsourcing Conference. The Conference was themed: "Capitalizing on Opportunities in the New Global Landscape".
The discussion will cover:
- Outsourcing as more than a cost cutting measure
- Managing growing complexity
- Structuring and nurturing partnerships
- Emerging risks: data security and service
- Governance: across cultures and continents
Participants will have the opportunity to pose questions to the speakers.
Who Should Attend:
Executives responsible for Shared Services, Outsourcing, Offshoring
Kevin McDonald
Kevin McDonald has over 12 years of experience working within both large and mid-market companies in virtually every aspect of HR operations, technology strategy and implementation. With a primary focus on HR Technology, HR service delivery and relationship management, Kevin has spent the last si...Full Bio
Ajay Bolina
Ajay Bolina is a Senior Manager in Deloitte Consulting LLP's Outsourcing Advisory Practice, specializing in Infrastructure Operations and Financial Services Institutions. Ajay led the team which designed and built the Vendor Management Service Offering at Deloitte and now leads th...Full Bio
Antonius Heijmen
Antonius ("Ton") Heijmen is senior advisor, outsourcing/offshoring, at The Conference Board. He has 35 years of experience in global operations, business development,


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This Year's Winter Shaping Up to Be Colder, Snowier
The forecasts are in, and if you thought last winter was bad, this coming winter is shaping up to be even worse. Joe Bastardi from WeatherBELL Analytics joins the News Hub from State College, Pa. Photo: Getty
This transcript has been automatically generated and may not be 100% accurate.
I ... the ... it's time to start stocking up on the cold weather gear up this Wednesday is looking likely to be even more rigid ... than last years now that's hard to believe ... the WeatherBell Analytics chief major what this Joe the study is joining us now to explain the situation show ... up ... this last winter was so cold like Atwood and get out of that that that's pretty cold ... yet it's pretty cool the planet to go that's all ... while we telling people is it has potential ... to be worse last where ... we have a nasty winter forecasting ... already and again when you start stuck in its last winter ... bruises on his upcoming winners Garnry wo worse in Washington D C National down into the southeast and by the United States in last winter ... but may not be as bad for the north and west is last winter ... they Chicago's Minneapolis's in places like that ... the analysts were looking at most closely so that people can remember ... two thousand and nine two thousand and ten and two thousand and two two thousand and three the pull them or snowy winters ... especially them in whatever part to wonder what I ... tell tell tell talking of snow we got a map and I would think awesome percentages on its ... explain to was so what ... what what this means a hundred and sixty seven percent what what exactly does not know ... that he's a catalyst to to try to normal snowfall because no called dairies in the info folks know that ... you can drive one place in the average snowfall is so it freezes your season of twenty six inches but ... you go on to the northwest suburbs of New York it's more like thirty five forty inches ... before it's a it's a hundred fifty percent ... it's been all still full plus another fifty percent of that so if the ad and you'll still full of less a twenty eight uses snow we in the same one you're going to get ... what we try to do it in the case law for a rethink still will be heavier than normal we do for our clients we show them this so they get ready or they they push themselves a little bit when Exxon ... so they get any action of its forecast has been outs in spring ... because the atmosphere is running in a relatively predictable manner yet very tall ladder we forecast that Coolgardie the summer we're also looking for the activity we had connected the new these cause of the party said the hurricane season ... so it's flowing along right now in the height of the medial situation ... that is that Twitter is for getting the United States cold snowy winters ... especially in the southern and eastern part of the United States relative to the average it so ... that the significant because we were in and wind power plant last year of having the grid ... overload ... and snow lining the Shia their cities ... but that's all you can replenish is stopped overnight ... at the other TV businesses such as the timing of this is an echo Effect and evidence of ... in the first quarter of the web though I was to have been set to be to blame for ... this yellow economic growth is I can happen again that we can add ... this ... to ... me to stop working basically what assigned ... I get is one of the King of the customers said ... the winter was going on but ... any economic impact of the U S is me she or it you get the kind we do we get into thousandnine two thousand general to Wall Street ... with the nation's ... trade on the ropes the way it is in some of these regulations that I hear about coming down ... close plants on January first I knew these rumors going up ... and what I know because we're all in ... and getting people ready to play snow to cities around the country ... yesterday in a ... very very day acting on the ... economic impact that when I was very concerned about everything ... now it is we don't have that is all one level down because we're stock company well we've been saying this stuff is coming on coming on display people are just oblivious to what seems well known him all big of a heaven watching of the new sub now I know it will be on that ... day while they can all be given some woolen socks of Atlanta tonight thank you Brian much ... of a study of what about Analytics we appreciate time


text: The extent of Oppo's mobile photography efforts is quickly becoming clear: the company just used Sina Weibo to tease a new series of plug-in camera lenses for its smartphones. The initial range will use 16-megapixel Sony CMOS sensors with optical image stabilization, and they will also have a degree of support for NFC, SD cards and WiFi. Buyers will only have to choose between a thin lens with 10X zoom and a thicker, 15X variant. While Oppo isn't yet ready to disclose launch details for the add-ons, we won't be surprised if we hear more about them at the company's N1 smartphone event on September 23rd.


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There are two techniques to scooping out 613 of those pomegranate seeds!
The first one was sent in by Linda Dayan in Israel-:
Technique #1:
1-When my children were little, we wanted them to be a part of the preparing for Rosh HaShana. We used to put giant bibs on them and let them remove the seeds from the pomegranates. The reason that we eat this fruit on Rosh haShana is the symbolism of its many seeds; that we should have a new year filled with many mitzvot. It is even said that the pomegranate contains 613 seeds, the number of mitzvot in the Torah. I don't know if this is true, but the counting was another way to keep our kids busy, while I was cooking!
Now that my children have B'H, grown and we are both (hopefully) smarter… I have discovered easier ways to seed this delicious, healthy fruit. Here goes:
Put on an apron!
Roll the pomegranate on your counter, pressing gently around all sides.
Cut the pomegranate in half (like you would slice a grapefruit). Slice off the little crown on the top.
Place the two halves of the fruit face down on a cutting board. Cover with plastic wrap and then a dish towel.
Get your poultry hammer or heavy wooden spoon and hit around all the sides – and top of the fruit.
Carefully, lift off the coverings and the rind. Those beautiful, bright red seeds will be yours for the taking.
Technique #2:
2– Watch the video now:
and/or read on….
First cut off the top of the pomegranate. With a spoon, gently take out some of the center core. Be careful not to squeeze or disturb the seeds. Next, use your knife to score the outer rind around the fruit. Put your thumbs in the center and gently pull apart the sections. Peel away some of the white skin. You may be able to remove pieces from the rind.
To easily remove the seeds, place the pieces of pomegranate into a large bowl of cold water. Now when you go to remove the seeds, they'll come right out. The seeds will sink to the bottom of the bowl. With the sieve, remove the skin floating on top. When the skin is gone, take out the seeds. Don't freeze the seeds as they lose their color when frozen.
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- Rosh Hashanah Pomegranate Sangria (thejewishhostess.com)


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Vail Daily column: Weak earnings weigh on markets
Markets declined for most of the week on disappointing third quarter earnings reports, with the technology sector hardest hit. On Friday, the 25th anniversary of 1987's stock market crash (known as Black Monday), trading was mostly downbeat as investors digested a string of disappointing earnings reports. In spite of this, markets staged a brief comeback in the last hours of trading to close mixed. For the week, the S&P gained 0.32 percent, the Dow gained 0.11 percent, and the Nasdaq fell 1.26 percent. Overall this earnings season, Q3 profits have managed to come in just a shade over the doom and gloom estimates. However, the bad news is that top line revenue is much worse than forecasted. One of the big disappointments this week was Google (GOOG), which missed its revenue forecasts for the first time because of its struggling Motorola division and drove a tech selloff on Friday. Market stalwarts GE (GE) and McDonald's (MCD) also turned in downbeat reports, pushing shares of both companies lower. With about one-third of S&P 500 companies reporting in, a solid 65 percent have beaten profit estimates, while just 42 percent have managed to beat revenue forecasts. This repeats the performance we saw in the second quarter, which shows that companies are learning to do more with less while dealing with challenging business conditions. Not all the earnings news is grim, though; banks and consumer discretionary companies such as luxury stores and hotels are expected to report the best growth. Banks were given a boost by Fed actions, and, despite the tough economy, luxury retailers and hotel chains are doing well as wealthy consumers continue to spend. Next week, analysts will turn their attention to two big economic reports on Friday – the GDP report and consumer sentiment. With remaining earnings reports likely to show more of the same, investors will be looking at the GDP report to see whether the Fed's QE3 activities are giving the economy the boost it needs. Although we can hope for some solid economic performance, there is a good chance the rest of October will be turbulent for markets. Headlines• Unemployment rate falls in 41 states in September. According to the Bureau of Labor Statistics, the U.S. saw a sharp drop in the unemployment rate in all but nine states last month. South Carolina posted the largest improvement, with its unemployment rate falling from 9.6 percent to 9.1 percent. • Home resales fall in September. Sales of existing homes retreated from a two-year high last month, reminding us that the housing market is a long way from a full recovery. Resales fell 1.7 percent, pushed lower by tight inventory and a slowdown in distressed sales. • Mortgage processing delays may undermine QE3. To meet surging demand for mortgages after the Fed's QE3 housing boost, banks are hiring new mortgage processors. However, they are still struggling to process applications, leading to delays for beleaguered mortgage applicants. • European bank shares fall on new discord. Shares of European banks fell last week as EU nations bickered over how to help debt-ridden Spain and Greece. While some analysts believe this is a blip, others believe that markets could fall further if permanent solutions are not found. Mark Ballenger is an investment and financial planning consultant offering services to individual investors and business owners. His company, Ballenger Asset Management, is located at 110 E. Beaver Creek Blvd. in Avon. Reach him at 970-471-9962. This report has been created with the cooperation of Platinum Advisor Marketing Strategies LLC. Securities offered through Cambridge Investment Research, a broker/dealer, member FINRA/SIPC. Ballenger is an investment adviser representative for Cambridge Investment Research Advisors Inc., a registered investment adviser. Ballenger Asset Management and Cambridge are not affiliated.
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Masks up! Colorado ski resorts are moving ahead as state, counties and businesses restrict access
VAIL — The lift operator in the maze at Vail Village's Gondola One tilts his head back and hollers: "Masks up please!"


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The Moroccan flavors of cumin, cinnamon and lemon add a nice twist to grilled or roasted chicken. Butterflying the chicken takes minutes (or have your butcher do it – even faster) and the flattened chicken cooks evenly and in a fraction of the time it usually takes to cook a whole chicken, producing a juicy bird with a crisp golden skin.
- 1 whole chicken (3-4 pounds)
- 3 garlic cloves, minced (through a garlic press)
- 2 tsp. ground cumin
- 1 tsp. paprika
- 1 tsp. salt
- 1/2 tsp. cinnamon
- 1/2 tsp. Aleppo pepper (or a few dashes of cayenne)
- 2 T olive oil
- 1-2 T lemon juice
- freshly ground black pepper
1. Butterfly chicken: with poultry sheers, cut along the length of the backbone on either side and remove it. Turn chicken over and with the palm of your hand, press down on the breast to flatten the chicken. Pat dry with paper towels.
2. Make spice paste: combine garlic, spices, olive oil, lemon juice and freshly ground black pepper to taste in a small bowl. Rub the paste over both sides of the chicken, gently loosening the skin under the breasts and thighs with one finger and rubbing some of the paste between the meat and the skin. Cover loosely with plastic wrap or foil and refrigerate for an hour or more, or overnight if you wish.
3. Cook over indirect heat skin side up on a grill, covered, until done (about 40 minutes for a small bird, longer if bigger). Alternately roast in the oven, making sure not to overcook it as it will cook faster than a whole chicken usually does. You can also use this rub for chicken parts – make sure to loosen the skin and rub the paste underneath. Serve with lemon wedges.
For video instructions on how to butterfly a chicken see this demonstration on Fine Cooking's website.
Serves 4.


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Pterodactyl Stories
Pterodactyl Sighting in Hiram
Golden Eagle Claim Discredited by Scribe
Elizabeth has her view on this matter, I have mine. I say three Pterodactyls landed in our field on April 25.
If you think my identification must be off by 30 million country miles, well, wait till I tell you what Elizabeth said they were.
Here's what happened. A bright day, a bit after the noon hour. I saw them from my truck when returning from Ravenna. Three large birds on the ground in the open field 100 yards from our house, dark in appearance with color at their necks, moving some, seemingly just resting there. I turned in our lane, looked back to see them still there, and hurried to tell E.
Elizabeth takes all bird sightings seriously. By the time she had gotten to our front lawn with field glasses in hand, the birds had moved farther away.
Still, she could see them pretty well, and spent a long time looking, and gasping (really!) in amazement. She had expected to see large turkeys or turkey vultures.
But the birds before her were unusually large, with shape and color that puzzled her. They were glossy black with glinting bronze on the backs of the neck.
Particularly astounding was the length of their wings, dramatically displayed for her as one raised them slowly into a huge "V" for sunning. Then one by one the birds rose and flew away, circling toward the southwest.
Elizabeth went in to consult, first, our 1947 copy of Peterson's Field Guide, Eastern Land and Water Birds (a clue there), then pulled down the weightier 1936 Birds of America, edited by Gilbert Pearson. Here she labored for some time, disbelieving and bewildered by what she found.
Finally came her pronouncement: We had been visited by Golden Eagles: Distribution Northern part of northern hemisphere, Old World south to north Africa and the Himalaya; North America from northern Alaska south to central Mexico, western Texas, to South Dakota; less common in mountains east of the Mississippi.
As a tag line, Elizabeth said, "Of course, no one will believe me." She was right about that. Those guys were too much out of their range and topography to be Golden Eagles.
More importantly, none of the illustrations of the three she considered and showed me looked like what I'd seen.
I was certain, though, I'd come across a contemporary illustration of our visitors in a respected publication not long before.
Rooting around, I finally found what I was looking for: different color, otherwise pretty close, The New Yorker cover for April 5, 1999, by artist Bruce McCall, showing a number of purple Pterodactyls on the ground and in flight near the steps of the Natural History Museum in New York.
As I told Elizabeth, "The New Yorker doesn't lie." I was disappointed in her response. Zoo majors can be so opinionated.
Later, Elizabeth admitted to possible error, telling me that "A particularly unkind annotator in Audubon's The Birds of America (Macmillan, 1946) says 'Many an amateur ornithologist has padded his list of "rarities" by calling [the immature Bald Eagle] a Golden Eagle.'"
Well, perhaps, but I still say pterodactyls.
Source:..Attic Journal, 2001
R.W. is "a reptile specialist" who has worked for several European museums.
He's seen some strange sights in his career but nothing as strange as what he saw last week near Vienna, the capital of Austria.
"It's not a UFO but a related (Fortean) subject I want to report," R.W. wrote.
On Monday, August 19, 2002, "I was out in the morning to collect mushrooms near a small village called Wolfsgraben in the Vienna Woods," he reported, "Up on a hill I suddenly saw a big swarm of very large birds, containing more than 100 specimens. Strange, I thought, it's not time for the birds' migration yet."
"One of the 'birds' left the group and sailed down to circle me for about five minutes or so. I could see it really clear, and, I swear, I have never heard of, or seen, a photo of a 'bird' like that." "It had a long and bald head with a long beak, and something prolonging the head stuck out from its hindskull. It really rather looked more like a pterodactyl than a bird.
The only difference was that it was covered with feathers. It had a body like a penguin and a long neck, also short legs. It had a white breast and belly, while the rest of it was totally black. The size of its wings (wingspread--J.T.) was more than 2 meters (6 feet, 7 inches)."
"I was thinking for a long time if I should report this to you. But, to me, it seems totally clear that a new species has shown up."
(Editor's Note: In Forteana, this is what we call an out-of-place animal case. Perhaps an ornithology major can identify the bird. It's possible that the flock diverted to Austria after being driven out of its habitat by the horrendous floods in central Europe last week…)...virtually strange.net
Prof. David Castillo's Chupacabra Theory
Prof. David Castillo, a resident of beautiful Corn Island, contacted El Nuevo Diario after the latest attacks of the Chupacabra appeared in the media.
He told us of his experiences with these creatures during his stay at Dr. Moises Arana's estate in southern Nicaragua, and he also caught some."
"'Dr. Arana had cattle, and five cows had been bitten on the neck. My brother and I kept watch all night until the bloodsuckers appeared.'"
"But the beings described by Castillo have nothing to do with the dire scarecrows described in accounts the world over."
"They're great bats,' says Castillo, adding that the immense chiropterids measure up to a meter and a half (5 feet) between wing and outstretched wing.
They are so aggressive, he says, that they attack several prey at once and, since they draw enormous amounts of blood from the victims, they often die."
"'People believe they are creatures from outer space and are four-legged, but that's not the case. They fly and live in the wilderness.'"
"To confirm that he speaks authoritatively on the subject, Castillo says he worked seven years for the (Nicaraguan) Ministry of Health on the eradication of tropical diseases such as rabies. In other words, he is knowledgeable about 'vampires.'"
"'In order to catch them, first we cut tree limbs, take the leaves and then shake them in the air to make a sound similar to that of the vampire bats. Confused, the creatures arrive, looking for their peers.
Then we hit them with sticks until they fall down. They have very long fangs, radar on their noses, and resemble foxes to a surprising degree,' he adds."
"Prof. Castillo is not superstitious. He advises those who believe in the Chupacabras to forget about it.
'They're vampire bats,' he reiterates." (See the newspaper El Nuevo Diario de Nicaragua for August 19, 2002, "Vampires or Chupacabras?" Muchas gracias a Scott Corrales y Gloria Coluchi para eso articulo de diario.)
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--> View the Five-Year Comprehensive Plan "Check-up" approved by the City Council in September 2014.
--> View the adopted Comprehensive Plan.
The Comprehensive Plan is a statement of the community's vision for the future and a guide to achieving that vision. Generally, the purpose of a Comprehensive Plan is to anticipate growth and to guide that growth in a manner that provides with a balance of land uses that promote economic growth while retaining the quality of life. The Comprehensive Plan is not a "zoning regulation" and it does not affect existing approved zoning. Instead, it provides the foundation for making changes or developing new regulations that implement identified vision, goals and policies. The Comprehensive Plan includes, among other components, a Land Use Plan and a Transportation Plan.
The Comprehensive Plan was adopted by the City Council on May 28, 2009. After several years and thousands of citizen volunteer hours, College Station has a Plan that will guide the growth and development of the community for years to come.
"College Station, the proud home of Texas A&M University and the heart of the Research Valley, will remain a vibrant, forward-thinking, knowledge-based community which promotes the highest quality of life for its citizens by…
College Station will continue to be among the friendliest and most responsive of communities and a demonstrated partner in maintaining and enhancing all that is good and celebrated in the Brazos Valley. It will continue to be a place where Texas and the world come to learn, live, and conduct business!"
Future Land Use and Character
To be a community with strong, unique neighborhoods, protected rural areas, special districts, distinct corridors, and a protected and enhanced natural environment.
Neighborhood Integrity
To protect the long-term viability and appeal of established neighborhoods.
Economic Development
A diversified economy generating quality, stable, full-time jobs; bolstering the sales and property tax base; and contributing to a high quality of life
Diversity of parks, greenways and the arts for leisure and recreation as well as for entertainment, education and culture to achieve a high quality of life for all residents and visitors.
Improved mobility through a safe, efficient, and well-connected multi-modal transportation system designed to be sensitive to the surrounding land uses.
Municipal Facilities & Community Services
Municipal facilities that meet community needs, contribute to community character, are sensitive to the surrounding land uses, and provide exceptional municipal services.
Growth Management
Ensure fiscally responsible and carefully managed development aligned with growth expectations and in concert with the ability to deliver infrastructure and services in a safe, timely, and effective manner.


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Last week, I shared a easy dessert for one that you make in a microwave. This
week? An easy dessert for a crowd that you make in a slow cooker.
Notice the theme here? Dessert, made easily. It's the season when easy is the way to go.
This recipe is floating all around the internet, but I had it when a friend hosted a dinner group recently. It's perfect for a winter night. And because it needs to sit for a while after it cooks, it's handy for a dinner party. Turn off the slow cooker just before you serve dinner and dessert will be ready when dinner is finished.
Slow Cooker Gingerbread Pudding Cake
Nonstick cooking spray
1 (14.5-ounce) package gingerbread mix
1/2 cup milk
1/2 cup raisins
2 1/4 cups water
3/4 cup light brown sugar, packed
3/4 cup (1 1/2 sticks) butter
Vanilla ice cream or whipped cream
SPRAY the inside of a slow cooker lightly with cooking spray.
COMBINE the gingerbread mix and milk together in a mixing bowl until moistened. Stir in the raisins. (The batter will be thick.) Spread the batter evenly in the slow cooker.
COMBINE the water, brown sugar and butter in a medium saucepan. Bring to a boil. Remove from heat and pour over the batter in the slow cooker. Cover and cook on the high power (don't use the low power setting) for 2 hours. The center will appear moist, but it will firm up as it stands. Turn off the cooker and let stand for 45 minutes to an hour.
SPOON into dessert dishes and serve with ice cream or whipped cream.
YIELD: 8 to 10 servings.
Tuesday, December 16, 2014
One Great . . . easy slow cooker dessert
Last week, I shared a easy dessert for one that you make in a microwave. This
week? An easy dessert for a crowd that you make in a slow cooker.
2 comments:
- Anonymous said...
Sounds great. What size slow cooker works best?
- December 24, 2014 at 10:52 AM
- Anonymous said...
Just a regular, 5- to 6-quart works fine. I've made it several times for friends over the holidays, jazzing up the whipped cream with some minced crystalized ginger. People have seemed to really like it.
- January 7, 2015 at 9:03 AM


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Work on the Sugarbush Access Road may be coming to a close - finally.
Culverts along the Sugarbush Access Road are scheduled to be paved this week, according to Warren Department of Public Works director Barry Simpson who updated town officials on the progress of the project at the October 26 select board meeting.
Simpson said the project that started on August 4 is "close to
completion." The project was originally slated to be completed by the
end of August. Now that it is almost done, town officials are concerned
about the quality of the paving done this summer and are also planning
for totally repaving the road.
Warren Select Board chair Andy Cunningham asked Road Foreman Ray Weston for his opinion of the paving completed along the side of the Sugarbush Access Road that G.W. Tatro was responsible for repairing.
Weston said, "It's hard to make it smooth by hand. It's low in places and high in places. We've had rainy and cold weather. It's going to fall apart."
When asked how long he thought the pavement would hold up into the winter, Weston said, "The first time it freezes and warms up it's going to come up."
Greg Tatro, owner of the construction company, said he thought the town was overreacting and said the pavement would not come up after the first freeze. In a phone interview on October 27, he said that when paving past where a trench has been dug, the end result would not be a machine texture.
"We repaved what we damaged and that's what was in the bid specs. I think there was a little bit of confusion from the town before the job started as to what was in the specs," Tatro added.
At the previous meeting, town officials discussed the road crew's concerns about paving the road after it was torn up this summer and left uneven in places. Select board member Kristen Reilly said that the culvert project was completed in preparation for the repaving of the road in two years.
On Tuesday, select board member Bob Ackland discussed what he called a "remote chance" that the town could receive federal money to repair the Sugarbush Access Road.
Ackland said contact had been made between Sugarbush Resort and Senator Patrick Leahy during a visit last week about whether money was available for the project.
"It's very remote. We need to know the total scope of repaving the road. It's something we could maybe pursue if the stars align," he said.
The first step, he said, would be to "figure out what it would take to bring the road back to where we want it. It's a stretch calling in a chip from a senator. Is this the chip we want to call in or are there other more worthy projects in The Valley?"
Cunningham asked Weston to explain the extent of the road damage.
"It's cracked through the asphalt. We need to put down new gravel. If you pour asphalt over it you're just throwing money away," Weston said.
The total cost of repaving the road in two years, according to Weston, could reach $3 million to $4 million including replacing the guardrails.
"If we have to do it ourselves, it's going to be broken into a lot of pieces," he said.
Town officials discussed completing a road survey, starting with the Sugarbush Access Road, to inventory road conditions and needed repairs on all town roads.


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Shadow and Light
Compass Records
A founding member of Solas—one of the most influential Irish-American ensembles of the last decade—John Doyle is a leading force in Celtic acoustic guitar. His fluid chording, percussive rhythms, and haunting modal lines merge timeless Irish sounds with the crisp, ringing tones of bluegrass flatpicking.On Shadow and Light, Doyle's second solo album, we're treated to two beautifully crafted instrumentals (combined, these intricate medleys total almost 15 minutes) and a rich collection of original songs that tell the story of Irish soldiers, immigrants, lovers, and lost souls. Whether he's playing his Muiderman, McConnell, and Fylde flattops, or picking mandola, mandolin, and 8-string bouzouki, Doyle delivers his parts with supple speed and shimmering clarity. Often, he'll layer flattop and bouzouki to create harmonized lines that evoke a fretted string ensemble.
Doyle's songwriting gifts are especially evident on Shadow and Light. His lyrics unfold like short stories, with each verse moving the narrative forward with a level of detail you just don't encounter in typical rock or pop music, and his exquisite rhymes are as carefully woven as the strands of a Celtic knot.
His musical compadres—including Stuart Duncan and John Williams on fiddle, Tim O'Brien on mandolin, Alison Brown on banjo, Todd Phillips on bass and accordion, and the legendary Kenny Malone on percussion—are all virtuosos who effortlessly follow the dynamic ebb and flow of Doyle's epic songs. If you're unfamiliar with this lefty's unique approach to flatpicking, seek him out on YouTube and then explore Shadow and Light. It's an inspiring journey.
Must-hear track: "The Arabic"