text:
codependency & personal power
August 27, 2014 by Chris Kingman
Filed under Addiction, Anxiety, Depression, Empowerment, Featured, Mental Health, OCD, Self Esteem, Self-Acceptance, Self-Compassion
Far too many people have learned to automatically and habitually give away their personal power. Without realizing what they're doing, they repeatedly idealize other people (particularly authority figures and romantic interests) and then subjugate themselves to those people. Other patterns that often accompany this codependent relational style include: Difficulty in being assertive and in advocating […]
Understanding Fear: What Are Phobias?
August 6, 2014 by mamaV
Filed under Anxiety, Featured, Mental Health
Understand phobias is made easier with this playful infograph.
Renovation of our minds: How to transform your mind to think more positively.
July 29, 2014 by Priscilla Jadallah
Filed under Anxiety, Depression, Empowerment, Featured, Finding Your Voice, Healthy Coping, Livin in the Moment, Mental Health, Mindfulness, Recovery, Self Esteem, Self-Acceptance, Self-Compassion, Stress Management, Suicide, Wellness
Therapists work with many different types of people, people whose stories and struggle are each different and unique. One common thing I have noticed as a therapist is how powerful our thoughts truly are. Thoughts can either be your best friend or the toughest meanest bully you can ever encounter. The power however is in […]
How Can We Eliminate Fat Chat Forever?
July 10, 2014 by Amy Leigh Mercree
Filed under Activism, Anxiety, Body Image, Bullying, Depression, Empowerment, Fat Acceptance, Fat Talk, Featured, Finding Your Voice, HAES, Healthy Communication, Healthy Coping, Loving Your Body, Mental Health, Role Models, Self Esteem, Self-Acceptance, Self-Care, Self-Compassion, Sharing Feelings, Stress Management, Weight Stigma, Wellness, Wellness
I've wondered about this since I was in eighth grade. I stood in the lunchroom after school waiting for the bus by myself. None of my few friends were on a late bus so I was alone. Carla* sauntered up with Kerri*, who had the same birthday as me. I was wearing my brand new […]
Negative Emotions: Toxic or Healthy?
April 1, 2014 by Chris Kingman
Filed under Anxiety, Depression, Empowerment, Mental Health, Mindfulness, Self-Acceptance, Self-Care, Self-Compassion, Sharing Feelings, Wellness
"Neurosis is always a substitute for legitimate suffering." —Carl Jung Experiencing negative emotions is an unavoidable dimension of human life: fear, anger, jealousy/envy, anxiety, depression, insecurity, hopelessness, inadequacy, etc. We all grapple with these feelings at one time or another and on any given day their intensity can be minute, moderate or severe. Either way, […]
The Invisible Line: Finding your voice and setting your boundaries
December 4, 2013 by Priscilla Jadallah
Filed under Activism, Anorexia, Anxiety, Binge Eating, Body Image, Bulimia, Eating Disorders, EDNOS, Empowerment, Finding Your Voice, Freedom, Healthy Communication, Healthy Communication, Healthy Coping, Livin in the Moment, Mental Health, Mindfulness, Self Esteem, Self-Acceptance, Self-Care, Self-Compassion, Sharing Feelings
Boundaries and assertiveness for many people these words bring upon anxiety, fear and represent a negative task. For many people the ability to stand up for their inner needs and wants can be very difficult. Often times many people I encounter hold many of their emotions and thoughts within themselves. I know especially for the […]
Hope For The Holidays
December 4, 2013 by Priscilla Jadallah
Filed under Anorexia, Anxiety, Binge Eating, Bulimia, Depression, Disordered Eating, Eating Disorders, EDNOS, Freedom, Healthy Communication, Healthy Communication, Healthy Coping, Healthy Eating, Livin in the Moment, Loving Your Body, Mindfulness, Recovery, Self-Acceptance, Self-Care, Self-Compassion, Sharing Feelings, Stress Management, Treatment, Wellness
The holidays can be a very magical and special time for many people around the world but for others the holidays equate stress, anxiety, sadness or anger. This can be for a variety of reasons, familial issues, relationship issues, money issues, health issues the list goes on. For some reason the holiday season is the […]
anger management & the holidays
November 19, 2013 by Chris Kingman
Filed under Addiction, Anxiety, Featured, Healthy Communication, Healthy Coping, Sharing Feelings, Stress Management
Shortly after the holidays there is an uptick in people seeking therapy in NYC for anger management. It's as if many of the feelings we have about family dynamics and relationships lie dormant, like sludge, at the bottom of a calm pond until the holidays burst into our lives like roaring speed-boats stirring up waves […]
Deconstructing Fear
November 5, 2013 by Chris Kingman
Filed under Addiction, Anxiety, Depression, Mental Health, Mindfulness, Substance Abuse
Fear can be a life killer. It really can. I see people struggling with this every day in my therapy practice in the Flatiron District of Manhattan, NYC. And I have no trouble telling my therapy clients that I, too, know what this is like. In fact, it was such experiences in my own life […]
Emotional Mastery
October 15, 2013 by Chris Kingman
Filed under Anxiety, Depression, Mental Health, Mindfulness, Stress Management, Wellness
We all know of people who pursue mastery in such things as chess, golf, painting, cooking, musicianship, martial arts and more. But something I've been thinking about a lot over the past year is emotional mastery. In fact, I've come to believe that the importance of mastering our own emotionality cannot be overestimated; it's actually […]


text:
Amid Global Earthquakes, Next Major California Quake Is Imminent
USGS: Next Major California Quake Could Be Imminent
Start an Emergency & Disaster Management Degree at American Military University.
By David E. Hubler
Contributor, EDM Digest
There has been a recent spate of major earthquakes around the world including significant tremors in Peru, Fiji, Japan, Indonesia and elsewhere - but not in the United States. However, according to the U.S. Geological Survey (USGS), a huge quake on a fault line in California could be catastrophic for millions of people - and it's overdue.
On April 18, 1906, the great San Francisco earthquake killed more than 3,000 people and destroyed half the city. It was one of the deadliest natural disasters ever recorded in the United States.
Now, the Bay Area is bracing for something perhaps even worse. "It's coming," Dr. Ken Hudnut, the Science Advisor for Risk Reduction at the USGS, said on Wednesday's CBS Evening News. "It's not if, it's when."
The next "big one" could happen much sooner than later. According to the USGS, a major quake occurs in the region every 150 years on average. The last major quake on the Hayward Fault happened 150 years ago.
The USGS, along with approximately 60 partners, this week released a new fact sheet, "The HayWired Earthquake Scenario – We Can Outsmart Disaster." It is a summary of a major study being published called "The HayWired Earthquake Scenario."
The first two volumes of the USGS scientific investigation report on the HayWired Earthquake Scenario are available now (HayWired Scenario Vol. 1 and Vol. 2). The third volume is expected to be released by October.
Two Million People Live Directly on Hayward Fault
The fact sheet labels the Hayward Fault the biggest danger because two million people live directly on the fault, many of them in and around the cities of Oakland and Berkeley.
According to the fact sheet, the Hayward Fault could unleash a magnitude 7.0 earthquake, capable of catastrophic damage. The USGS estimates that a quake of that size would kill more than 800 people and injure 18,000 others. With gas lines severed and water pipes broken, "hundreds of fires could ignite, burning at least 50,000 homes," the fact sheet predicts.
The predicted conflagration is reminiscent of scenes in the 1936 film "San Francisco," which portrayed areas of the city on fire immediately after the 1906 quake.
But those staggering numbers "are not unchangeable; we can change the outcome," Dr. Hudnut said. "We can save lives and reduce risk by taking action now."
The USGS fact sheet calls the HayWired Scenario "a scientifically realistic, highly detailed depiction of what may happen during and after a M7.0 earthquake on the Hayward Fault" with an epicenter in Oakland.
"But it is not a prediction, and a real earthquake on the Hayward Fault could occur at any time and with a different pattern of shaking causing damage to be concentrated in different spots," the USGS cautions.
USGS Creating Groundbreaking Study into Earthquake Hazard Impacts
The fact sheet provides "the first glimpse of a truly groundbreaking study into earthquake hazard impacts, mitigation efforts, and resiliency actions for communities in and around the San Francisco Bay Area," the USGS said.
"Damage from earthquake shaking would include critical facilities, such as power plants, electrical and telecommunications wires and fiber-optic cables," the USGS notes. That damage can trigger cascading Internet and telecommunications outages. Restoring these services is vitally important for coordinating efforts by first responders.
Without good communications, emergency response efficiency is reduced. As a result, life-saving response functions can be compromised.
The USGS says the name "HayWired" was chosen "to emphasize the need to examine our interconnectedness and reliance on telecommunications and other lifelines, such as water and electricity."
The Bay area continues to take steps to prepare for and mitigate such a disaster. Those steps have included reinforcing existing structures such as the Stanford University football stadium, which lies directly on the fault.
However, no one can say for certain how much mitigation is enough.

subset: commoncrawl


text:
Physiotherapy Jobs Portal is a registered recruitment service for Indian Physiotherapists for Job Search and Career Guidance (Service Tax Code & Registration number: DSFPS4451BSD001) Physiotherapy Jobs Portal Website: www.physiotherapyjobs.co.in
About Me
- Einstein Jerome
- Bangalore, Karnataka, India
- Physiotherapist and Research Scholar, ESIC Model Hospital & PG Research Institute- ESICPGIMSR (Under Govt of India),Rajaji Nagar, Bangalore and General Secretary of Bangalore Physiotherapist Network (BPN) 2017-2020
Physiotherapy Jobs Portal
Greetings from Physiotherapy Jobs Portal- www.physiotherapyjobs.co.in-India's first and exclusive registered Job Portal for Physiotherapists.
Physiotherapy Jobs Portal is a registered recruitment service, since 2010
(Service Tax Code & Registration number: DSFPS4451BSD001)
Physiotherapy Jobs Portal delivers valuable Membership benefits that helps Indian Physiotherapists in Job searching and career building.
For queries Call/ WhatsApp @ +91 9916347890/ 9482585828 or mail to: email@example.com, email@example.com
Physiotherapy Jobs Portal Website: www.physiotherapyjobs.co.in
23 Jun 2016
WCPT announces new Chief Executive Officer
1 comment:
You should also check out Jobs Micro. This is a leading Job search website in India which benefits both the employees and the employers. Hope it helps you.ReplyDelete


text:
courtesy neworleanssaints.com
The New Orleans Saints received four rushing touchdowns, one each from WR Robert Meachem, RB Deuce McAllister, RB Mike Bell and RB Pierre Thomas and two receiving scores by Marques Colston to dismantle the Detroit Lions 42-7. The Saints (8-7) scored touchdowns on their first six possessions of the game and also forced two takeaways on defense and the Lions fell to 0-15.
New Orleans racked up 532 yards in total offense to the Lions' 255 and the Saints held the ball for 34:29 in time of possession and converted a team-record 11-of-12 third down conversions (92%). QB Drew Brees threw for 351 yards, with nine of the passes being caught by WR Marques Colston (99 yards and two touchdowns) and the Saints' running game, led by RB Pierre Thomas (13-77-1 TD) rushed for 181 yards on the day.
"I was pleased with out effort today," said Head Coach Sean Payton. "I thought we did a good job in all three phases of the game and we were very effective on third downs both offensively and defensively."
"We made some key stops on defense and I thought that Skyler gave us an early spark on special teams and set the tone for us," Payton said.
"Our goal is to finish the season 9-7," Payton said. "That's our goal right now and it is our motivation and we hope it will serve as a springboard for us."
WR Skyler Green, who was activated before the game from the team's practice squad, returned the opening kickoff 60 yards and the Saints needed only five plays before hitting pay dirt on Meachem's 20-yard TD run. On the opening drive the Saints ran the ball three times for 25 yards and picked up 16 yards through the air on two Drew Brees completions.
On the Saints' first drive of the game WR Robert Meachem made his first career rushing attempt a memorable one, as he took an end around handoff and picked up key blocks from FB Mike Karney and WR Devery Henderson and raced 20 yards for a touchdown. Meachem's run capped the Saints' opening drive of the game and put the Saints ahead, 7-0 after only 2:43 had expired in the game.
Detroit began their initial possession of the game at their own 28 yard-line and elected to try to establish the running game early on the heels of rookie RB Kevin Smith. The Lions converted a third-and-long early in the drive on a 19-yard pass from QB Dan Orlovsky to WR John Standeford, which took to ball to the Saints' 48 yard-line.
CB Jason David ended the Lions' first drive when he recorded his career-high and team-high fifth interception of the season on a long bomb intended for Standeford at the Saints' three-yard line.
Following David's interception the Saints began at their own three. RB Deuce McAllister ripped off an 18-yard gain with a quick move through the Lions line and linebacker, and in the process the Saints' all-time leading rusher eclipsed the 6,000 rushing yard mark for his career. McAllister then added a reception on the next play and two quick completions over the middle took the Saints to their own 33. Brees and Meachem nearly hooked up on a deep pass down the middle of the field, but CB Leigh Bodden tipped the ball away from Meachem at the last possible moment.
Brees hit TE Billy Miller for a nine-yard completion on a third-and-six, which set the Saints up at their own 46. The Saints moved into Lions territory for the second time during the afternoon Brees then connected with Colston for an 11-yard gain and a first down and the two very narrowly connected on a long scoring pass on the next play, but Colston couldn't quite reel in the aerial.
Lance Moore recorded his first reception of the day on a nine-yard swing pass from Brees to the Lions' 20, which brought up a third-and-one and Thomas smashed over the middle of the Saints' offensive line for a two-yard gain and another first down. Thomas then bulled his way over the left side for a two-yard gain to the Detroit 16 before Brees hit Colston on a quick slant for 11 yards and first down to the Detroit 5. McAllister picked up three yards on first down and a second down incompletion backed the Lions off the line a tad bit, which set up McAllister's two-yard touchdown run, the 49th rushing of his career and the 55th overall of his career. The Saints' 97-yard scoring drive was their longest of the season, besting a 91-yard touchdown drive they accomplished against the 49ers earlier in the season.
Second-year wide receiver Calvin Johnson recorded back-to-back receptions for the Lions on Detroit's second drive of the game, taking the ball into Saints' territory.
The Lions faced a third-and-one at the Saints' 45 and converted it with a 10-yard run off the right side of their offensive line before being pushed out of bounds by S Roman Harper. Two plays later Orlovsky hit a crossing Williams for a 28-yard gain to the Saints' five. Smith then picked up four yards to the one. DT Antwan Lake then shot through a hole in the Detroit line and dropped Smith for a two-yard loss on second down and Orlovsky's third down pass intended for Williams missed it's mark. Harper appeared to have defended a fourth-down pass intended for former Saints reserve TE John Owens, but the officials flagged Harper for pass interference and on the next play Smith scored from one-yard out on a dive behind left guard, which pulled the Lions to within a touchdown, 14-7, with 9:45 left in second quarter.
The Saints started at their own 20 yard-line following the Lions' first score of the game and nearly picked up a big chunk of yardage on the first play from scrimmage when Brees and TE Jeremy Shockey nearly connected, but the two couldn't quite connect. A Thomas seven-yard run set up an eight-yard third down completion between Brees and Shockey over the middle of the field. On a third-and-two, Thomas squirted over the right side of the line leaped over a diving attempted tackler and bolted 29-yard down the sideline for a first down to the Lions 26. RB Mike Bell picked up five yards while Thomas caught a breath of air on the sideline. Two plays later Brees hit Bell as he swung out of the backfield for a gain of 14 yards. Bell, as he was reaching for the goal line with the ball, lost the football and former Tampa Bay Bucs LB Ryan Nece recovered it in the end zone. The officials ruled the play a fumble on the field, but Saints Head Coach Sean Payton challenged the ruling, saying that Bell's knees were down before the football came loose.
The officials ruled in the Saints' favor and the Saints had the ball inside the one-yard line. To plays later Bell vaulted over the middle of the line for his first touchdown as a member of the Saints. He became the 13th different player to record a touchdown for the Saints this season.
Saints DE Jeff Charleston thwarted the Lions' next drive with a third down sack of Orlovsky. It was Charleston's third sack of the season and the Saints' 26th of the season. The Saints started their fourth possession of the game at their own 45 and quickly moved into Lions territory on a completion from Brees to Shockey for 12 yards. Thomas then picked up a hard earned five yards before Brees and Shockey teamed up for a gain of five on the last play before the clock hit the 2:00 warning and with the ball on the Detroit 40.
A second down pass intended for Colston was incomplete and the Saints called a timeout to regroup just before the play clock hit 0. Brees came right back, though, looked right and stepped up in the pocked and found a streaking Devery Henderson on the left side of the field for a gain of 32-yard to the Detroit 8. Brees then dropped back and found Thomas underneath for a gain of six yards. Thomas picked up the last two yards with an interior dive for the Saints' fourth rushing score of the first half. Thomas's team-high ninth rushing score of the season added to his total of 12 touchdowns this season, which made the score 28-7 in the Saints' favor.
CB Usama Young ended the first half by intercepting Orlovsky on a Hail Mary attempt as time expired. It was Young's second interception of the season.
Detroit took possession of the ball to start the second half and scuffled with penalties on their initial drive, eventually succumbing to the Saints' defensive pressure and elected to punt from their own 41 with 11:45 left in the third quarter. Lance Moore fair caught a punt at the Saints' 24 yard-line and Brees quickly went to work, hitting Thomas out of the backfield for a gain of 11 yards and a first down. Brees then found a sprinting Henderson for gain of 64 yards to the Detroit 6 and on the next play slung a quick out to Colston for a six-yard touchdown pass that put the Saints ahead 35-7 following the point after conversion by Hartley.
The Saints defense once again halted the Lions and forced a punt from their 41. Moore muffed the wobbly punt but an alert Marvin Mitchell pounced on the loose ball at the Saints' 24 with 7:00 left in the third quarter.
A 17-yard completion from Brees to Colston along the sideline began the Saints' second drive of the second half. Two plays later McAllister picked up two yards. On a third-and-eight Brees found Colston crossing behind the linebackers for a 30-yard gain to the Detroit 27 and then zipped a laser across the middle to TE Billy Miller for a gain of 21 yards. Brees then found Moore in the flat for a two-yard gain before McAllister spun forward for a gain of a yard. On third-and-goal Brees connected with Colston for his second receiving score of the game and the Saints' sixth consecutive score, which made the score 42-7.
Once again Detroit could not drive any further than their own 45 yard-line and again elected to punt the ball away with 1:48 left in the third quarter from their own 23. Bell found a hole and picked up 15 yards and decked S Daniel Bullocks by lowering his shoulder near the end of his run. TE Billy Miller picked up a first down on a reception from Brees on the second to last play of the third quarter, it was the Saints' ninth straight third down conversion of the game and at that point the Saints were a perfect nine-of-nine on third downs.
On the first play of the fourth quarter Thomas picked up seven yards on an inside handoff and Brees and Miller converted the 10th straight third down with a five-yard completion. Thomas then spun down for 11 yards to the Detroit 20 but coughed up the ball when tackled from behind by CB Leigh Bodden, who returned the ball nine yards to the 29 before being tackled by Meachem. It was the first lost fumble of Thomas's career.
QB Drew Stanton came on in relief of Orlovsky in the fourth quarter. The Lions converted a third down with a pass over the middle to WR Keary Colbert. A few plays later Stanton scrambled for 15 yards to the Saints' 36. Smith was the Lions bell cow, running five straight times and taking the ball to the Saints' 16. A third down pass intended for Standeford was broken up in the corner of the end zone by CB Leigh Torrence and brought up a fourth-and-five with 6:25 left in the game. Rookie DT Sedrick Ellis recorded his fourth sack of the season when he dropped Stanton for a two-yard loss and forced the Lions to turn the ball over on downs.
Thomas was stopped for no gain on first down before Brees hit Karney for a loss of one yards on second down. Brees coolly hit Moore for a gain of 17 yards and the first down. The reception took Brees over 350 yards passing for the game. McAllister then picked up seven yards and came right back with a gain of 19 yards, his longest rush of the season. McAllister then picked up five more yards on a first down carry. Bell then picked up the first down with a seven-yard carry as the clock hit the two-minute warning. The Saints took a knee to run out the clock.
Notes: Former LSU receiver/return specialist Skyler Green made his debut with the Saints this afternoon after spending the first 15 weeks of the season on the practice squad. Green started the game with a 60-yard kickoff return to the Lions' 41. The Saints also signed defensive tackle Remi Ayodele from their practice squad. To make room the team released fullback Darian Barnes and defensive end Josh Savage ... Mike Bell's touchdown run in the second quarter was the Saints' 50h of season, which set a new team-record for most TD in season ... QB Drew Brees has broke his team record for most passing yards in a season in the first half … TE Jeremy Shockey suffered an ankle injury in the first half and did not return.• QB Drew Brees completed 30 of 40 passes for 351 yards with two touchdown passes and two interceptions. Brees' third quarter six-yard touchdown pass to WR Marques Colston was his 29th of the season, eclipsing the club record of 28 he previously set in 2008. Brees now has a career-high 4,683 passing yards on the season. Brees needs to throw for 402 yards next week to set the NFL record for most passing yards in a season, currently held by Dan Marino.
• RB Pierre Thomas rushed 13 times for a team-high 77 yards with a two-yard touchdown, the longest run of his career and had three receptions for 26 yards to record 103 total yards from scrimmage. With his second quarter two-yard touchdown run, Thomas has scored touchdowns in six consecutive games, tying a record previously held by RB Dalton Hilliard, who did it twice (12/18/88-10/8/89 and 10/18-11/29/92).
• Thomas now has 12 total touchdowns on the season, the fourth-highest single season total in club history.
• With his 18-yard carry in the first half, RB Deuce McAllister surpassed the 6,000 yards rushing mark, becoming the 68th NFL runner to do this. McAllister had eight carries for 56 yards on the day.
• Colston had nine receptions for 99 yards and two touchdowns.
• CB Jason David's first quarter interception was his fifth of the season, setting a new career-high. David's interception total is also the highest by a Saints since Mike McKenzie had five in 2004. The pick led to a 97-yard scoring drive, the club's longest of the season.
• The Saints had four rushing touchdowns in the game through halftime. The Saints had five rushing touchdowns in a game once at Tampa Bay, 10/14/79. This is the seventh time they have had four rushing touchdowns in a game, but only the first time that four different players have accounted for the touchdowns. With 20 rushing touchdowns on the season, the Saints are now tied for the second-highest total in club history.
• With six touchdowns, the Saints now have 53 touchdowns on the season, eclipsing the prior club record of 49 set in 2002 and 2006.
• The Saints have now scored 432 points on the season, tying the club record set in 2002.
• The Saints had 32 first downs (which tied a team-record for most first downs recorded in a single game).


text:
Neoprene glide skin neck seal.
The neoprene neck seal comes in two options, Diving (3mm neoprene) and Surface (2mm neoprene).
Only available for membrane drysuits. Please give neck size when ordering.
These prices are for supply only.
If you would like us to do the repair for you, visit our dry suit repair page for more details.


text:
24-Hour Hotline: 434-977-7273
Hotline Disclosure
Office: 434-295-7273
SARA serves men, women, children, and non-binary persons who have experienced sexual violence. We are located in Charlottesville, Virginia.read more
SARA currently provides 2 to 4 year consulting to assist schools and churches as they develop prevention education programs.read more
SARA seeks community members of any gender to join our team as a Hotline or Community Outreach Volunteer.read more
Every donation we receive plays a fundamental role in our work to end sexual violence. Donate to SARA today.read more
Services are provided free to all survivors, regardless of race, gender, sexual orientation, gender expression or identity, age, economic status, education, parenthood, physical and/or mental abilities, national origin, immigration/documentation status or any other status.
SARA's Support Services are available to all survivors of sexual violence, including men, women, and children. Support Services are also available to friends, family, and loved ones of survivors. All of our Support Services are provided free of charge. Survivors of every age, race, gender identity, and sexual orientation are welcome at SARA. We offer services in English and in Spanish.
SARA currently provides 2- to 4-year consulting to assist schools as they develop prevention education programs for their students. Our Prevention Education staff draw from the most recent research and most effective curricula to build teacher training, classroom-based violence prevention education, after-school clubs, policy improvement, and more.
SARA's Outreach Coordinators are happy to provide allied professionals, community groups, faith organizations, etc. with an overview of SARA's mission and our services in the community. The dynamics of sexual violence and its impact in our community provide a background for discussing the need for our services in the community and what SARA does to support survivors, educate community members, and to prevent sexual violence from occurring in the first place. These presentations will be tailored to meet each group's needs and focus area.
|Synapse Hub 105
Dec 08 2020 - Dec 08 2020
|Teen Resilience Group
Dec 08 2020 -
|Louisa IAC
Dec 10 2020 - Dec 10 2020
|SART Meeting
Dec 17 2020 - Dec 17 2020
|Nelson IAC
Dec 21 2020 - Dec 21 2020
Giving Tuesday Auction Bidding opens at noon on Giving Tuesday, December 1st, and will be open through Sunday, December 6th.…
After nearly eight years of service, Becky Weybright is leaving her role as Executive Director of SARA. We are deeply…
The Staff and Board at the Sexual Assault Resource Agency are grieved by the on-going inequity and violence against People…
As we continue to receive updates regarding coronavirus, SARA would like to inform survivors, community partners, and supporters that we…
Fondly known as Horse Camp, SARA's Therapeutic Equine Partnering program is co-led by SARA therapist Lindsay Detlie and community…
The SARA Direct Services Team addresses the impacts of sexual violence through advocacy, therapy, and support services for survivors and…
The mission of the Sexual Assault Resource Agency (SARA) is to eliminate sexual violence and its impact by providing education, advocacy and support to men, women and children. Our vision is a community free from sexual violence.
We are located in Charlottesville, Virginia and serve:
Charlottesville, Virginia
24-Hour Hotline: 434-977-7273
Hotline Disclosure
Office: 434-295-7273
or fill in the form on our contact page


text:
by its Chief, Raymond D. Yowell, and
CHIEF RAYMOND D. YOWELL as Representative of
the Class of Shoshone Persons,
Department of the Interior, Secretary BRUCE BABBITT,
Bureau of Land Management, ANN J. MORGAN, HELEN HANKINS; and
ORO NEVADA RESOURCES, INC.; its parents,
affiliates, subsidiaries, successors, assigns, etc.,
On August 5, 1998, Plaintiffs received the Report and Recommendation (Report) of the U.S. Magistrate Judge, recommending that Defendants' Motion to Dismiss be granted.
Pursuant to Local Rule IB 3-1 and within the time requirement noticed in the Report -- "ten days after receipt" (Report, 16) -- Plaintiffs hereby file their Objections to the Report, for the following reasons:
1) The Report erroneously assumes that early Supreme Court dicta and doctrine are controlling on the issue of Western Shoshone national independence;
2) The Report erroneously equates assertion of a United States "trust" relationship with actual litigation and extinguishment of Western Shoshone title, conflates different types of individual aboriginal title and asserts without benefit of hearing and proof that the type of individual title asserted in Plaintiffs' Complaint was resolved in prior litigation;
3) The Report erroneously finds res judicata and collateral estoppel, despite the fact that litigation cited in the Report as grounds for such findings fails the tests of privity and representation as well as the test of identity of issues;
4) The Report erroneously fails and refuses to interpret the Treaty of Ruby Valley as it would have been understood by the Western Shoshone in 1863, limiting mining activity to a scale then recognized, and presumes that Defendant Oro Nevada, Inc., may avail itself of a statutory bar available, if at all, only to the United States;
5) The Report erroneously asserts that there are no issues of material fact to be resolved in this matter; and
6) The Report fails to follow the basic principles of decision for the purpose of a motion to dismiss under F.R.C.P. Rule 12(b)(6); all as set forth and discussed below.
The Report states that "There is no explanation given..." to support the assertion in Plaintiff's Complaint "... that the Western Shoshone National Council is the contemporary manifestation of the traditional and original government of the Western Shoshone people," (Report, 7) and that these and other assertions of Western Shoshone national status and a concomitant right to territorial integrity "fl[y] in the face of reality." (Report, 8)
The basis cited for these conclusions in the Report is "controlling precedent" from the United States Supreme Court, specifically, Cherokee Nation v. Georgia, 30 U.S. 1 (1831), and Seminole Nation v. United States, 316 U.S. 286 (1942).
The "reality" of the national status of the Western Shoshone National Council involves factual issues of traditional Western Shoshone leadership structures and practices. As such, the issue cannot be determined without hearing and consideration of evidence. It cannot be disposed of on the basis of "precedent" or judicial assertions about "reality." As a unanimous Supreme Court held:
... Rule 12(b)(6) does not countenance ... dismissals based on a judge's disbelief of a complaint's factual allegations. Neitzke v. Williams, 490 U.S. 319, 327 (1989)/
Rule 12(b)(6) requires the Court to:
... take the well-pleaded allegations of the complaint as true for the purpose of a motion to dismiss. City Of Los Angeles v. Preferred Communications, Inc., 476 U.S. 488, 493 (1986).
Dismissal of Plaintiffs' Complaint under F.R.C.P. Rule 12(b)(6) where factual matters are at issue would be clearly erroneous and contrary to law. The Report errs both in presuming that there is "no dispute that [resolution of] this motion involves only legal issues" (Report, 7) and in failing to "take as true" Plaintiffs' allegations about the facts.
United States Supreme Court precedent is developing on the issue of independent "status" of American Indian nations. The Court's position on this issue is not static. More than 150 years ago, in the case cited in the Report. the Court stated that "...an Indian tribe or nation within the United States is not a foreign state in the sense of the constitution...." Cherokee Nation, supra, 30 U.S., at 19.
In 1997, in Idaho v. Coeur d'Alene Tribe, 117 S.Ct. 2028, the Court cast serious doubt on the general application of Cherokee Nation, holding that:
Since the plan of the convention [the Constitution] did not surrender Indian tribes' immunity for the benefit of the States, we reasoned that the States likewise did not surrender their immunity for the benefit of the tribes. Indian tribes, we therefore concluded, should be accorded the same status as foreign sovereigns, against whom States enjoy Eleventh Amendment immunity. 117 S.Ct., at 2034 (citing Blatchford v. Native Village of Noatak, 501 U.S. 775 (1991))
In Blatchford, the Court stated:
... [I]t would be absurd to suggest that the tribes surrendered immunity in a convention to which they were not even parties. 501 U.S., at 782.
The jurisprudence and "reality" of American Indian "status" is thus neither so clear nor so certain as the Report asserts. Recent Supreme Court decisions on "status" depart markedly from the Court's earliest pronouncements.
The majority opinion in Cherokee Nation, supra, is the sole source of legal doctrine referenced in the Report antithetical to the national independence of the Western Shoshone People. Seminole Nation, supra, also cited in the Report, is itself based on Cherokee Nation and recites a string of citations each of which refers back to Cherokee. The Report makes no mention of the contradictory rulings in Idaho and Blatchford, supra.
In assessing the current viability of the Cherokee Nation line of decisions, it is also instructive to note that the Court was clearly discomforted with its original denial of native independence. In Johnson v. McIntosh, 21 U.S. 543 (1823), after writing that "Christian kings" could take lands "unknown to all Christian peoples," 21 U.S., at 576, Chief Justice Marshall stated that the doctrine was an "extravagant ... pretension" which "may be opposed to natural right and to the usages of civilized nations" and may only "perhaps, be supported by reason." 21 U.S., at 591.
The Report's uncritical and solitary reliance on Cherokee Nation is further problematic in light of the Court's decision the following year in Worcester v. Georgia, 31 U.S. 515 (1832), affirming the national status of unconquered American Indian peoples:
The very term "nation," so generally applied to them, means "a people distinct from others." The constitution, by declaring treaties already made, as well as those to be made, to be the supreme law of the land, has adopted and sanctioned the previous treaties with the Indian nations, and consequently admits their rank among those powers who are capable of making treaties. The words "treaty" and "nation" are words of our own language, selected in our diplomatic and legislative proceedings, by ourselves, having each a definite and well understood meaning. We have applied them to Indians, as we have applied them to the other nations of the earth. They are applied to all in the same sense. 31 U.S., at 559-560.
Plaintiffs' allegations state a claim upon which relief can be granted under evolving Supreme Court decisions in the context of contemporary "usages of civilized nations" (international law discussed below), Neither the Report nor Defendants' Motion to Dismiss provide any basis for rejecting a priori Plaintiffs' allegations of Western Shoshone national status.
The Report fails to follow the rule that the Court must "... examine the complaint to determine if the allegations provide for relief on any possible theory." 5 Wright & Miller, Federal Practice and Procedure: Civil, s 1219. [cited in Bramlet v. Wilson, 495 F.2d 714, 716 (8th Cir., 1974)]. The recommendation of dismissal under F.R.C.P. Rule 12(b)(6) is therefore clearly erroneous and contrary to law.
The Report relies on findings and stipulations in Indian Claims Commission proceedings that Western Shoshone title was taken by "encroachment," Shoshone Tribe v. United States, 11 Ind. Cl. Comm, at 416 (1972) (Report, 13, et seq.):
[T]he Commission was unable to discover any formal extinguishment of Indians' legal title, only gradual encroachment by settlers and others.... Temoak Band v. United States, 593 F.2d 994, 996 (1979).
Plaintiffs' Complaint alleges that Western Shoshone ranchers have been grazing livestock for 14 years on lands to which the United States claims title, a period nearly twice as long as that which was stipulated by other parties in the Indian Claims Commission to support a finding of "taking" by "encroachment."
If, for the purposes of argument, Plaintiffs were to admit the legality of "taking by encroachment" as a principle under which title may be transferred between nations, there would be no basis for denying the effectivity of "reverse encroachment" by the Western Shoshone to re-take their ancestral lands.
If "title by encroachment" is a valid legal concept, it must work in both directions. Facts alleged in Plaintiffs' Complaint would thereby re-establish Western Shoshone title after purportedly losing it to the United States. "Encroachment" theories of the relationship between the Western Shoshone and the United States provide a legal foundation upon which relief can be granted on facts alleged in Plaintiffs' Complaint. The Report's recommendation of dismissal under F.R.C.P. Rule 12(b)(6) is therefore clearly erroneous and contrary to law.
Plaintiffs' Complaint references international covenants to which the United States is a party, to support allegations of Western Shoshone rights to territorial integrity. The Report states that it is not "appropriate" to apply international law where it conflicts with "controlling precedent," citing Tag v. Rogers, 267 F.2d 664 (D.C. Cir., 1959), cert den., 362 US 904 (1960) (Report, 9). The decision in Tag, however, does not subordinate international law to judicial "precedent."
The language of Tag is unambiguous:
Whatever force appellant's argument might have in a situation where there is no applicable treaty, statute, or constitutional provision, it has long been settled in the United States that the federal courts are bound to recognize any one of these there sources of law as superior to canons of international law. 267 F.2d, at 666.
The Report cites no "treaty, statute, or constitutional provision" to sustain its conclusion that Western Shoshone national status "flies in the face of reality." The Report's rejection is explicitly based on judicial "precedent," Tag does not hold that a Court may reject consideration of international law on this basis.
If the Report's reference to "precedent" be taken to refer indirectly to the Indian Claims Commission Act, the only statute relied upon in the claims cases cited in the Report, the language in Tag is once again dispositive in favor of Plaintiffs' Complaint:
"By the Constitution, laws made in pursuance thereof and treaties made under the authority of the United States are both declared to be the supreme law of the land, and no paramount authority is given to one over the other. ... In either case the last expression of the sovereign will must control." [quoting Chae Chan Ping v. U.S. (The Chinese Exclusion Case), 130 U.S. 581, 599-600 (1889)], 267 F.2d, at 668.
The International Covenant on Civil and Political Rights, 999 U.N.T.S. 171 (entered into force Mar. 23, 1976), a multilateral treaty to which the United States is a party, is "the last expression of the sovereign will" and therefore "must control" in relation to the 1946 Indian Claims Commission Act, Tag therefore supports the application of international law in the instant litigation as a legal basis upon which relief can be granted for Plaintiffs' Complaint.
The Covenant states:
All peoples have the right of self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development. Article 1, sec. 1.
In no case may a people be deprived of its own means of subsistence. Article 1, sec. 2.
The United Nations Human Rights Committee, the international body charged with overseeing compliance, has specifically applied the Covenant to protect indigenous peoples' lands and ways of life against state action.
Other international documents referenced in Plaintiffs' Complaint evidence the existence of norms of customary international law which protect the Western Shoshone against actions by the United States tending to undermine and destroy their ways of life and territorial integrity. See Anaya, Indigenous Peoples in International Law (Oxford University, 1996).
A Supreme Court decision one year subsequent to the denial of certiorari in Tag casts further doubt on the Report's sweeping rejection of international law:
This Court has many times set its face against treaty interpretations that unduly restrict rights a treaty is adopted to protect. Kolovrat v. Oregon, 366 U.S. 187, 192 (1961).
Two years after Tag, the Court reached back to its earliest considerations of the question to state that:
The presence of ... highly charged international circumstances brings to mind the admonition of Mr. Chief Justice Marshall in The Charming Betsy, 2 Cranch 64, 118 (1804), that "an act of congress ought never to be construed to violate the law of nations if any other possible construction remains ...." McCulloch v. Sociedad Nacional, 372 US 10, 21 (1963).
As the Supreme Court in McCulloch recognized, the proper mode of resolving conflicts, if any, between statutes and treaties is closely affected by the actual circumstances of the particular conflict. Where, as in the instant litigation, the situation is "highly charged" as Plaintiffs' Complaint alleges, the Court may not reject consideration of international law a priori on a motion to dismiss under F.R.C.P. Rule 12(b)(6).
The state of the law since Tag has progressed to the point that "... settled international legal norms deny... the supremacy of domestic law over international obligations." Restatement (Third) of the Foreign Relations Law of the United States 115(1)(b) (1986).
The Report errs in its refusal to consider contemporary international obligations of the United States as a basis upon which relief can be granted for violations of Western Shoshone self-determination and territorial integrity and the recommendation for dismissal under F.R.C.P. Rule 12(b)(6) is therefore clearly erroneous and contrary to law.
Plaintiffs' Complaint alleges extant Western Shoshone title and seeks to protect this title in the instant litigation. The Report refuses to take Plaintiffs' allegations "as true," City Of Los Angeles, supra, and fails "to examine the complaint to determine if the allegations provide for relief on any possible theory." 5 Wright & Miller, Federal Practice and Procedure, supra.
The Report repeats the legal error argued in Defendants' Motion to Dismiss, conflating the United States' claim to have "extinguished" title with the question whether Western Shoshone title has ever been actually litigated. (Report, 9, et seq.)
The series of decisions cited in the Report culminating in United States v. Dann, 470 U.S. 39 (1985), clearly separates the "extinguishment" theory from actual litigation. The language of the Ninth Circuit decision following the Supreme Court opinion is instructive:
Having ruled the statutory bar [in § 22(a) of the Indian Claims Commission Act, ch. 959, 60 Stat. 1049, 1055 (1946)] inapplicable, we went on to hold that aboriginal title had not been extinguished as a matter of law....
The government asked the Supreme Court to review our ruling that the statutory bar did not apply because "payment" had not been made. The Supreme Court reversed our decision. ....
... rejecting our interpretation of the statutory bar.... United States v. Dann, 873 F.2d 1189, 1192-1193 (9th Cir., 1989).
Scholarly legal analysis supports the distinction between a purported "bar" and actual litigation:
The United States did not challenge the [Ninth Circuit] court's holding that there had never been any taking of Western Shoshone aboriginal title lands by the government. It sought review in the Supreme Court only on the question whether "payment" of the ICCA judgment had occurred within the meaning of Section 22 of the Act. The Supreme Court decided the narrow payment issue in favor of the government. Hughes, Indian Law, 18 N.M. Law Rev. 403, 425 (1988) (emphasis in original)
The quotation in the Supreme Court's Dann decision ["... the extinguishment question was not necessarily in issue, it was not actually litigated, and it has not been decided," 470 U.S., at 43-44, quoting 572 F.2d 222, 226-227] is an acknowledgment of the difference between actual litigation and the theory of "extinguishment."
The Report is thus in error in stating that the Supreme Court in Dann "was merely quoting the language of the Ninth Circuit decision which the Supreme Court was reversing." (Report, 9) It remains as true after the Supreme Court decision as before that Western Shoshone title issues have never been actually litigated.
The Supreme Court ruling in Dann was not that Western Shoshone title had been litigated and found wanting, but that the United States, as self-proclaimed "trustee" for the Western Shoshone, had supposedly "accepted payment" on their behalf for an "extinguishment" of their title. The Supreme Court relied on Seminole Nation v. United States, 316 U.S. 286 (1942), to support its decision:
The Court's reliance on the general rule in Seminole Nation is authority for our holding that the United States has made "payment" under § 22(a). The final award of the Indian Claims Commission placed the Government in a dual role with respect to the Tribe: the Government was at once a judgment debtor ... and a trustee for the Tribe...." 470 U.S., at 49.
As Seminole Nation v. United States acknowledges, this United States' assertion of "trusteeship" over American Indians is a unilateral imposition:
Under a humane and self-imposed policy..., it has charged itself with moral obligations of the highest responsibility and trust. 316 U.S., at 296.
Take away the self-proclaimed "humanity" and "morality" and the declaration of "responsibility and trust" becomes an obvious imposition of unconsented-to power. Any trespasser might wish to declare his trespass a "debt" and himself a "trustee" capable of discharging this "debt" by such sleight of hand. The Supreme Court's use of "trust" doctrine in conjunction with the provisions of the Indian Claims Commission Act was an attempt to preclude actual litigation of Western Shoshone title.
Plaintiffs seek resolution of claims against Western Shoshone title through actual litigation of the issues. Actual litigation would involve "the application of public land laws (including the homestead laws)[,] ... the Taylor Grazing Act ..., [and] the establishment of the Duck Valley Reservation," none of which were found by the Ninth Circuit to constitute a "taking" of Western Shoshone title. 873 F.2d, at 1192-1193.
Actual litigation would also require, as Plaintiffs' Complaint sets forth, application of The Northwest Ordinance, 1 Stat. 51 (July 13, 1787), and the Act to Organize the Territory of Nevada, 12 Stat. 210. (1861), These fundamental organic laws of the United States and Nevada explicitly except and protect the territorial integrity of American Indian nations, including the Western Shoshone.
Furthermore, actual litigation would involve application of the Indian Trade and Intercourse Act, 1 Stat. 138 (1790) and 25 U.S.C. 177 (1982), the Treaty of Guadalupe Hidalgo, 1848, and the Treaty of Ruby Valley, 1863, 18 Stat. 689, and would require factual inquiry into Western Shoshone history and territory, including group and individual land use practices, all as set forth in Plaintiffs' Complaint
None of the elements of actual litigation has occurred, which every court including the United States Supreme Court has acknowledged. Assertions to the contrary in the Report and Defendants' Motion to Dismiss are in error.
Actual litigation of Western Shoshone title would also require proceedings to be conducted in a court rather than an administrative commission. The Indian Claims Commission was not a "court" under Article III of the United States Constitution:
Indeed, the predecessor bills that eventually resulted in the Indian Claims Commission Act had dropped the word "court" in 1935, the date of the last Indian claims bill introduced with that word in it. ... The Commission was authorized to make its decisions without formal legal proceedings.... Washburn, Red Man's Land, White Man's Law 105-106 (University of Oklahoma, 1995 (2d. ed.))
The Indian Claims Commission was not authorized to hear and determine assertions of extant title, but only to award compensation for lost title. See Hughes, supra, 405-434. Whatever the outcome of an Indian Claims Commission proceeding, it cannot be said that such a proceeding constituted actual litigation of title.
The Report's conclusion that the issues raised in Plaintiffs' Complaint have been litigated and do not state a claim upon which relief can be granted is clearly erroneous and contrary to law.
Plaintiffs' Complaint alleges extant individual aboriginal title held by traditional Western Shoshone ranchers and others. The Report rejects these allegations, citing the Ninth Circuit's 1989 Dann decision for the proposition that such title has "been extinguished and compensation paid therefore." (Report, 12-13)
The Report ignores an explicit statement by the Ninth Circuit that at least one form of Western Shoshone individual aboriginal title was not at issue in or resolved by the Dann case:
There is no theoretical reason why individuals could not establish aboriginal title in much the same manner that a tribe does. An individual might be able to show that his or her lineal ancestors held and occupied, as individuals, a particular tract of land, to the exclusion of all others, from time immemorial, and that this title had never been extinguished....
Whether any such individual aboriginal title has existed or could exist, we need not decide, for it is clear that the Danns make no such individual claim to these lands from time immemorial. ... In their brief on this appeal, the Danns disavow any claim of individual possessory interests; they assert only tribal interests.... 873 F.2d, at 1196. (emphasis in original)
The Report fails to follow the rule that "[a] complaint should not be dismissed unless it appears beyond doubt that the plaintiff can prove no set of facts in support of the claim that would entitle the plaintiff to relief." Tyler v. Cisneros, 136 F.3d 603, 607 (9th Cir., 1998). The Report also fails to carry out the Court's "duty to examine the complaint to determine if the allegations provide for relief on any possible theory." 5 Wright & Miller, Federal Practice and Procedure, supra.
Supreme Court and Ninth Circuit affirmations of the possibility of individual Western Shoshone aboriginal title provide ample ground for finding that Plaintiffs' Complaint states a claim upon which relief can be granted. Dismissal under F.R.C.P. Rule 12(b)(6) would deprive Plaintiffs' of the opportunity to prove their individual Western Shoshone aboriginal title and the recommendation for dismissal is clearly erroneous and contrary to law.
The Report correctly notes that res judicata arises "when a final judgment has been entered on the merits of a case...." (Report, 13) As discussed above, the decisions cited in the Report, culminating in United States v. Dann, 470 U.S. 39, do not go to the "merits" of Western Shoshone title, but only to the interpretation of a purported United States "trusteeship" over the Western Shoshone.
The Report asserts that Plaintiffs are in privity with the entire series of parties in Western Shoshone actions before the Indian Claims Commission and in the Dann cases, despite the fact that the Ninth Circuit has twice expressly refused "... to resolve the question ... [of] 'parties' to the ICC litigation by virtue of any representation of the Shoshone Tribes in the litigation." 572 F.2d, at 226, The Ninth Circuit noted:
Some difficult issues are presented in deciding the identity of parties ... in the context of tribal litigation before the Commission. [citations omitted]. 572 F.2d, at 226, n.1.
And again:
In Dann I we found it unnecessary to decide whether the Danns were in privity with the claimants in the claim proceedings.... We again decline to decide the question of identity or privity of parties.... 706 F.2d, at 924, n. 3.
In deciding a Rule 12(b)(6) motion, the Court must "... take the well-pleaded allegations of the complaint as true for the purpose of a motion to dismiss." City Of Los Angeles, supra. Plaintiffs' assertions of lack of privity, especially as buttressed by repeated Ninth Circuit statements on the issue, must be taken as true for the purposes of deciding Defendants' Motion.
Resolution of the privity issue may properly occur only after a hearing in which evidence is presented of the relationships among Plaintiffs and the many and various other parties in this long history of litigation. Dismissal under F.R.C.P. Rule 12(b)(6) would preclude such a hearing and the recommendation therefore is clearly erroneous and contrary to law.
The Report erroneously finds collateral estoppel, contrary to allegations in Plaintiffs' Complaint (as discussed in sections above) that (1) issues raised in Plaintiffs' Complaint are not "identical to those involved in [any] prior action"; and (2) issues raised here have not been "actually litigated." On a further collateral estoppel test, the Report finds "the party [to be] precluded was fully represented" in prior actions, despite allegations to the contrary in Plaintiffs' Complaint. (Report, 14)
Plaintiffs are not required to set out in detail facts supporting allegations in their Complaint. This principle underscores the purposes of the rules for decision of motions under Rule 12(b)(6), requiring the Court to take "as true," City Of Los Angeles, supra, and to "construe favorably," Tyler, supra, Plaintiffs' allegations that they were not represented in prior proceedings.
Proper resolution of collateral estoppel issues requires an evidentiary hearing at which relevant fact situations such as the following may be presented and considered:
The Te-Moak Bands has never at any time included within its membership even a majority of all Western Shoshones. In fact, before the creation of the Western Shoshone National Council in 1984 there was no organization which could make that claim. ...[T]he Te-Moak Bands is only one of several governments organized under the Indian Reorganization Act.
[The attorneys for the Te-Moak Bands] may have realized the unrepresentative character of the Te-Moak Bands Tribal Council, because at various times they called several meetings open to all Western Shoshones at a number of locations within Western Shoshone country to approve actions they were taking and to elect a claims committee.... At these meetings, traditionalist Western Shoshones appeared and protested the claims process, usually walking out in protest before a vote could be taken. In consequence the total number of votes taken at all these meetings was only a small fraction of the total Western Shoshone population. Rusco, Historic Change in Western Shoshone Country: The Establishment of the Western Shoshone National Council and Traditionalist Land Claims, 16 American Indian Quarterly 337, 346-347 (1992).
In sharp contrast to the Report's findings of "privity" and "representation" among all the parties in the history of Western Shoshone litigation, this series of cases has been described as "bizarre and complex ... litigation, in which elaborate efforts by elements of the tribe to discharge the claims attorneys and stay the proceedings ... were repeatedly rebuffed...." Hughes, supra, 417, n. 96.
One crucial Claims Commission case demonstrates by its title alone the impossibility of sustaining the Report's conclusion of "privity" and "representation": Temoak Bands of Western Shoshone Indians v. United States and Western Shoshone Identifiable Group Represented by the Temoak Bands, 593 F.2d 994 (Ct. Cl.), cert den. 444 U.S. 973 (1979). That action has been described as "a phase of the case in which the Temoak Bands apparently ended up being aligned against themselves." Hughes, Id.
Of the tests set forth in the Report for finding res judicata and collateral estoppel, not a single one -- "final judgment," "identity or privity of parties," "actual litigation of the issues," "full representation of parties" -- can be resolved on the basis of the pleadings alone.
Ample ground exists in the historical and legal record to find that Plaintiffs' Complaint states a claim upon which relief can be granted within the meaning of F.R.C.P. Rule 12(b)(6). Dismissal of Plaintiffs' Complaint without evidence or hearing on the privity and estoppel issues would be grievous error and the Report's recommendation is clearly contrary to law.
Plaintiffs' Complaint alleges that the mining provisions of the Treaty of Ruby Valley are understood by the Western Shoshone to be limited to "visible deposits on a human scale" and not to permit large-scale industrial mining of the sort with which Defendant Oro Nevada, Inc., is associated.
The Report rejects these allegations with the comment that "[t]he source of this 'understanding' remains a mystery." (Report, 15)
Here, as before, the Report violates the basic principle of decision under F.R.C.P. Rule 12(b)(6), that the Court must "... take the well-pleaded allegations of the complaint as true...." City Of Los Angeles, supra.
There is an important additional ground for favoring Plaintiffs' allegations about the Treaty:
A cardinal rule in the interpretation of Indian treaties ...[is] that ambiguities are resolved in favor of the Indians.
A somewhat different, although related, rule of treaty interpretation is to the effect that, since the wording in treaties was designed to be understood by the Indians, who often could not read and were not learned in the technical language, doubtful clauses are resolved in a nontechnical way as the Indians would have understood the language. Cohen, Handbook of Federal Indian Law 37 (1942). (citations omitted)
A proper resolution of the meaning of the mining provisions of the Treaty is possible only after an evidentiary hearing on mining practices as understood by the Western Shoshone at the time of the Treaty. The Report's rcommendation thus violates both the principles of F.R.C.P. Rule 12(b)(6) and the rules of interpretation applicable to Indian treaties.
In fact, Plaintiffs' reading of the Treaty is not a "mystery." The historical record of mining in Nevada demonstrates a practical and reasonable basis for Plaintiffs' interpretation.
An evidentiary hearing would provide opportunity for this Court to consider the implications of the fact that Indians themselves were often the source of information about mine sites at the time of the Treaty:
...[I]n southern Utah in the winter of 1863-64 ... an Indian is said to have shown [William Hamblin] silver-bearing samples of rock. Hulse, Lincoln County, Nevada: 1864-1909 (University of Nevada Press, 1971) 6.
In 1866, the Nevada State Mineralogist reported:
On showing specimens of float rock to an old Indian, he told them that he knew where there was plenty more of the same kind, and led the party to the "Ely & Sanderson" lode. Hulse, at 13.
A hearing would permit introduction of evidence that the Indians' understanding of mining at the time of the Treaty, in terms of "visible deposits on a human scale," was shared by many non-Indians:
... Connor's California Volunteers of 1864 ... spent their leisure time, when they were not killing Indians, in locating mines ... [at] the very places where they camped, made a fire, noticed lead or silver sweating out of the hearth, "located" the ledge, and entered the record in a book.... Hulse, 7.
Under the "cardinal rule" of interpretation of Indian treaties, language which appears to authorize "all types of mining" (Report, 15) must be read as the Western Shoshone would have understood it. Dismissal of Plaintiffs' Complaint without hearing would preclude the presentation of evidence necessary to prove that large-scale, industrial, open-pit, cyanide heap leach mines such as those with which Defendant Oro Nevada, Inc., is associated were clearly not within the contemplation of the Western Shoshone at the time of the Treaty. and are therefore not permitted by the Treaty.
The Treaty provisions, properly interpreted, provide a basis upon which relief can be granted for Plaintiffs' Complaint. The Report violates rules of treaty interpretation and the rule of decision for motions under F.R.C.P. Rule 12(b)(6) and is therefore clearly erroneous and contrary to law.
Plaintiffs' Complaint alleges violations of Western Shoshone property rights by Defendant Oro Nevada, Inc. The Report presumes without discussion that Oro Nevada, Inc., is in the same position as the United States with regard to the statutory bar provisions of the Indian Claims Commission Act. This presumption is in error.
The bar provision, § 22, formerly codified as 25 U.S.C. § 70u (1976), runs only in favor of the United States. The Act makes no provision for claims against or discharges in favor of other parties. If, for purposes of argument, Plaintiffs were to admit the applicability of the statutory bar to their Complaint against the United States, their Complaint against Oro Nevada, Inc., would remain.
The Indian Claims Commission Act does not reach or affect actions against others than the United States. Furthermore:
... [T]he Supreme Court has squarely held that, as to claims against non-federal parties, "[t]here is no federal statute of limitations governing federal common-law actions by Indians to enforce property rights." County of Oneida v. Oneida Indian Nation, 470 U.S. 226, 240 (1985). Hughes, supra, at 432, n. 206.
The common-law elements of Plaintiffs' Complaint against Defendant Oro Nevada, Inc., present ample basis upon which relief can be granted, wholly separate from the effect of a purported statutory bar. The Report's recommendation of dismissal of Plaintiffs' Complaint against Oro Nevada for failure to state a claim upon which relief may be granted is therefore clearly erroneous and contrary to law.
The basic test to determine whether a complaint warrants dismissal for "failure to state a claim upon which relief can be granted" originated in Conley v. Gibson, 355 U.S. 41 (1957):
In appraising the sufficiency of the complaint we follow, of course, the accepted rule that a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief. 355 U.S., at 45-46.
This has been held to mean that:
No matter how reasonably it may be surmised or predicted that a plaintiff will be unable to establish on a trial the claim stated in his complaint or to obtain any relief, he is, nevertheless, entitled to make the attempt unless it appears beyond doubt that he can prove no set of facts in support of his claim which would entitle him to any relief. Thomason v. Hospital T.V. Rentals, Inc., 272 F.2d 263, 266 (8th Cir., 1959).
The Ninth Circuit very recently reiterated these basic principles:
A complaint should not be dismissed unless it appears beyond doubt that the plaintiff can prove no set of facts in support of the claim that would entitle the plaintiff to relief. ... The complaint must be construed favorably to the plaintiff, and the court is bound to give the plaintiff the benefit of every reasonable inference to be drawn from well-pleaded facts. Tyler v. Cisneros, 136 F.3d 603, 607 (9th Cir., 1998)
Under a motion to dismiss for "failure to state a claim upon which relief can be granted," the Court must
... examine the complaint to determine if the allegations provide for relief on any possible theory. 5 Wright & Miller, Federal Practice and Procedure: Civil, s 1219. [cited in Bramlet v. Wilson, 495 F.2d 714, 716 (8th Cir., 1974)].
The Report violates all rules for decision of motions under F.R.C.P. Rule 12(b)(6):
Plaintiffs' Complaint alleges unresolved factual issues. Rather than "tak[ing] ... as true" and "constru[ing] favorably" these allegations, the Report rejects them or presumes they raise no material issues of fact.
Plaintiffs' Complaint raises legal questions of first impression under existing and developing theories of law. Rather than "giv[ing] the plaintiff the benefit of every reasonable inference" and "examin[ing] the complaint to determine if the allegations provide for relief on any possible theory," the Report decides against Plaintiffs' allegations on the basis of misconstructions of law.
For the foregoing reasons and reasons set forth in Plaintiff's Opposition to Defendants' Motion to Dismiss, the Report and Recommendation is clearly erroneous and contrary to law and should be rejected and the case set for hearing on Plaintiffs' Complaint.
Dated: August 12, l998
Respectfully Submitted,
Raymond D. Yowell, Chief
Allen Moss, Sub-Chief
Virginia Sanchez, Secretary of State & Treasurer
Western Shoshone National Council
Indian Springs, NV 89018-210


text:
Instead of just being able to select an overall range of notes, users would have the option to be able to also select a Scale Degree Range which would be used to calculate the notes used when generating the music. So if you selected an overall range of C4 -> E5, and you selected a Scale Degree Range of 1 -> 5, in C Major each exercise you generated would have the notes C4 -> G4, but in F major the notes would be F4 -> C5, etc. This would be a way to save time if you are working with a specific scale degree range of notes within key signatures so that you don't have to reconfigure the range for each key signature.
I would like an option to read more than 1 octave. At least 2 octaves need to be implemented for reading music. Especially for classical music.
I would also like to see chords to sight read. I`m surpriced this is not implemented.
I love this website, but I believe update are necessary.
I would pay more money for it too.
Thank You,


text: I am currently a graduate student in the MA program in Archaeology, working with Dr. Peter Dawson. I am interested in remote sensing methodologies applied to archaeology, digital heritage preservation and geoarchaeology. I am currently exploring the utilization of terrestrial 3D laser scanning for efficiency in recording and extracting information from a buffalo jump site that is under threat due to erosion. I obtained by Honours Bachelor of Science in Geoarchaeology from Lakehead University in Thunder Bay, Ontario in May 2016.


text:
Solar energy for camping, mobile applications and defense
Flexopower Energies (Pty) Ltd is a South African company headquartered in Johannesburg. Since 2005 we have created solar energy solutions for mobile and high risk applications where glass solar panels are not suitable and fail. Our products combine US thin film technology and durability in the African wilderness.
Overcast skies, biting crocodiles and even gun shots will not stop our products from delivering power.
The cell technology applied absorbs a broader spectrum of sunlight and offers enhanced performance in low light conditions. The high-temperature performance is better than other technologies. The result is more power produced than glass (c-Silicon) or other thin film technologies.
This makes the Flexopower products ideal for mobile and high-risk applications including camping, overlanding, expedition, defense, homeland security, first responders.


text:
The United States of America now has a debt of over 16 trillion dollars.
It took the United States government 200 years to accumulate its first trillion of debt. It has taken only 286 days to accumulate the latest trillion. The current trend dictates that this unsustainable folly will continue to increase.
The United States will pay 340 billion dollars in interest payments this year. China will receive enough interest payments from it to pay for its entire yearly military budget.
Last year the US took in $2.3 trillion in tax revenue, but they spent $2.9 trillion just on entitlement programs like Social Security and Medicare, plus the defense budget. They were $600 billion in the hole before they paid any interest, salary or even a light bill.
Some question why Homeland Security and its sister government bureaucracies have now purchased 1.4 billion bullets this year, a lot of them hollow point. Official government responses indicate "that the number may be overstated and that they are for normal daily use and training purposes."
Many people believe otherwise and think the bullets are for harshly subduing the population when the massive volatile citizen unrest occurs following the total and complete economic collapse.


text:
Tech Gifts To Buy For Your Loved Ones
There's no need to say that technology has changed the way we gift people. It seems like the old days of sending baseball gloves and flowers are long gone, and people are opting to choose gadgets and other tech based gifts instead.
That's not a bad thing of course, and there is no shortage of tech products in every category to fit the mold of a proper gift. Today you will see a different approach to gifting, and instead we will focus on a couple of gifts in each of these 'different' categories. Let's start with the first.
For Exercise:
The obvious ones here are the Fitbit and other trackers that monitor your daily activity. This is the perfect gift for your friends that are health conscious and almost addicted to exercising. If they don't already have one of course.
Another cool tech gift in this category is one of those modern rowing machines. That is a more suitable gift for your mom or aunt who have been talking about shedding some extra pounds during Christmas festivities.
For Beauty:
This one is more complex than it sounds, and we will spread it out for each gender. For men, you can look towards one of those beard trimmers with good battery life or electric shaving machines depending on whether or not they keep the stubble or shave bare. These are both great gifts meant to expedite the process of grooming, so you can assure that the guys you gift this to will be more than thankful.
And if they already have one, don't worry because they break all the time so they will eventually find a use for them.
For women, there's 2 options that are usually pretty safe. The first one is expensive, but if you have the budget for it then you can buy them a high tech hair dryer like the Dyson Supersonic. A more budget friendly option that women love is the automatic skin cleansing device, by brands such as Clarisonic for example.
There's way more beauty based tech gifts for women, so you should have no problem finding one for that beauty obsessed cousin of yours.
For Daily Convenience:
This one really depends on the person that you are gifting, but for the most part the possibilities are endless. To really narrow down the perfect gift, simply look at what the person you are gifting dreads doing. For example, if your mom or aunt hate cooking, get them one of those slow cookers that ease the whole process.
For your dad or uncle who hate doing work around the house, buy them one of those new rotary electro powered tools that do everything from polishing and sanding to changing screws. There is no shortage of products here.
For Entertainment:
This is perhaps the easiest category because the tech industry has really shaken up the way we view entertainment. Literally.
A TV streaming device like the Fire stick and the Chromecast is an obvious option, but also look at one of those bluetooth speakers as a variant. Even a universal remote can be a great gift that is used daily by the person that receives it.
That should give you more than a general idea of what to buy your friends, loved ones, and everything in between.
Anyway, happy shopping and remember to bookmark this for the holiday season that is coming up in 5 or so months.


text:
< Back
To stand out among a hundred browser tabs and an overflowing inbox, it's crucial to provide undecided shoppers with a convincing reason to complete a purchase.
Social proof is a proven and cost-effective strategy to engage customers, using the data you already have at your fingertips. This makes it a must-have tactic to boost marketing performance in a scalable way across email and website campaigns.
There are many effective ways to use social proof in your marketing. Here, we'll look at how to leverage product popularity to guide shoppers towards a conversion.
How does social proof work?
Social proof - also known as social influence - is the idea that people prefer to imitate the behaviour of others when making a decision. In other words, we desire things more when they are popular.
By letting shoppers know how often a product has been viewed or purchased recently, you simultaneously increase urgency and make your products seem more desirable.
Here are some easy-to-implement ways to incorporate product popularity into your marketing:
1. Add popularity messaging to web pages
Deploy a social proof widget on product pages of your website to show how often a product has been purchased or browsed in a certain timeframe.
This has a two-pronged effect of tapping into consumers' fear of missing out ("What if the product sells out before I have a chance to buy it?") and desire to follow a consensus ("Other people are buying it, so it must be good!")
You can grab shoppers' attention by letting them know how many people are viewing a product right now, like this eye-catching example from fast fashion brand MissPap:
This strategy works particularly well for travel brands, where customers know that a limited number of rooms or seats is available.
Holiday rentals provider Cottages.com encourages urgency by showing how many people have recently viewed and booked a property. Customers know they need to act fast to avoid losing out on their dream holiday:
2. Boost marketing emails with social proof
Use a social proof widget in emails containing product details to show real-time information about how that product is being engaged with on the website. This is a great way to spark interest and increase click throughs. Combine this tactic with personalized product recommendations for maximum impact.
Social proof can also enhance the performance of triggered email programs. When a shopper receives a cart or browse abandonment email, they have already shown interest in a product. Adding social proof could be the final push that persuades them to complete a purchase.
Cottages.com uses viewing data to drive engagement in its automated emails, ensuring that customers don't miss out on booking their desired property:
3. Combine social proof with scarcity
Another powerful technique is combining a social proof widget with real-time stock levels to show when a product is running out. Customers know that they will miss out on the product if they don't buy it soon. Furthermore, low stock levels indicate that a product is already popular with other shoppers, reassuring customers that they are following a consensus.
This tactic works especially well when stock is limited, or to add urgency during a sale period. For the best results, combine stock levels with compelling urgency messaging in your brand's tone of voice.
Getting started with social proof
Displaying popularity messaging is a tried and tested social proof tactic that engages customers without the need for discounts or ambitious creative. This makes it a cost-effective and efficient tool to increase conversions across web and email.
What's more, today's eCommerce solutions collect purchase and viewing data in real time, and allow marketers to choose how and when this is displayed. There's never been a better time to add social proof to your marketing tool-kit.
Download our eBook for more social proof tips and inspiration:


text:
Hugh Jackman's been playing Wolverine for 13 years now. Luckily, he's not sick of the role yet – in fact, he jokes, he and his wife are really, really into it.
In an interview with the Sun, Jackman and his wife Deborra-Lee Furness kidded that he likes to wear his Wolverine claws around the house."Oh my God, it's dreadful! Always with the claws. I'm like, 'Mix the salad. Put them to use, come on!'"
Jackman added, "The sheets we go through…"
I think it's very insensitive of Jackman and his wife to joke about this. Some of us never get to wear Wolverine claws at all, you know. Some of us are bloggers and would ruin our keyboards.
Hugh Jackman and his personal trainer, David Kingsbury, started getting ready for "The Wolverine" halfway through working on "Les Miserables," for which Jackman's character, Jean Valjean (a prisoner turned wealthy merchant), had to go from looking scrawny to robust.
"In the first section of 'Les Miz,' Hugh had to be thin. But for the second section, he had to bulk up," Kingsbury tells Metro. "That was actually quite early on, and that gave us an extra couple of months of training dedicated to 'The Wolverine.'"


text: Lost Luggage Survival Guide 6:00 AM PDT 5/8/2012 by Rebecca Leffler FACEBOOK TWITTER EMAIL ME La Croisette in Cannes is lined with designer boutiques like Dior and Louis Vuitton. Misplaced luggage en route to 12 days of Cannes Film Festival madness may sound like the synopsis of a horror film, but luckily the Riviera town provides several options. From the Croisette to the rue d'Antibes, Cannes sports designer boutiques from YSL, Celine, Chanel (conveniently located across the street from the Palais) and Fendi, and shops by Hermes and Jean Paul Gaultier are part of the mall at the hotel Gray-d'Albion. Take advantage of your airline's faux pas to have an excuse to fill your new suitcase with authentically French fashion, including dresses that can go from day to night, from tres chic brands like Maje or Vanessa Bruno, whose store on rue des Etats-Unis just opened. There's even a Galeries Lafayette department store across from the train station with brand names handy. If you don't have time for a shopping spree, knock on the door of suite 215 at Hotel Martinez, where stylists Virginie Corre and Pascal Dupin set up shop. The duo, who have dressed Marion Cotillard for Cannes events, stock daytime and black-tie options including gowns by up-and-coming designers such as Veronica Moncho Lobo, plus stylish classics by Ermenegildo Zegna. "We'll help dress anyone with a key role in Cannes and the Marche du Film, whether it's an actress, a member of a film team, a studio head or the wife of a distributor," says Corre. Members-only concierge service Quintessentially also will be in town to assist with fashion emergencies, and you can sign up on the spot in Cannes (quintessentially.com). "It's very personalized … if it's a high-networking person looking for something luxurious, I'll go to the top men's designers. We have partnerships with several brands such as Zaroline Seikaly and Judith Leiber. If I can't find it in Cannes, I'll find it in Nice or in Paris," says Sanae Gillot, Quintessentially's head of operations. For male executives scrambling to find a bow tie -- aka noeud papillon -- on the way to a premiere, Ile-de-France Film Commission's Yann Marchet says not to worry: "It's the simplest thing to find -- all of the major hotels and most shops on La Croisette and rue d'Antibes sell them." Best bets are Dior Homme and Hugo Boss. And, if you're really running late, the Palais security team reportedly keeps extra bow ties tucked inside their jacket pockets because of the strict dress code. Says Marchet, "There was a big-time Warner Bros. exec a few years back whose flight was delayed and he arrived in jeans and cowboy boots, but he had a bow tie -- so they let him in." FACEBOOK TWITTER EMAIL ME Rebecca Leffler email@example.com @thr


text:
Carla, here, has been my pal for 17 years. I have many more photos documenting our nearly two decades of shenanigans, but I won't make you suffer anything prior to our college time. I 'd rather stow all the incriminating evidence that I was an awkward and ungainly teenager (who grew up to be an awkward and ungainly adult; let's be honest).
We enjoyed a weekend together recently, catching up and re-bonding after years and miles of separation. Circumstances change a person, no mistake – but some people are just meant to stick together, come what may.
It helps when they share a similar manifestation of insanity, of course.
(Speaking of incriminating photos…)
We visited with family and local friends, ate way too much restaurant food, slept in, watched cartoons, and fancied ourselves up with temporary tattoos (like proper grown women, you know). We basked in a warm Saturday afternoon out at Meridian's Village, watching the plaza fountain synchronize to the Beatles' "Here Comes the Sun" and gawking in surprise at the bird man who came marching through with three parrots and a cockatoo on his arms.
I mean, if this didn't convince Carla that Idaho is great, I don't know what will. (Although I think my state's greatness was sealed earlier by a visit to Boise Fry Company.)
The last night of our visit together, I took a thoughtful look around my apartment. Carla had already gone to sleep, so I tidied up some dishes, did a bit of writing prep, and let the DVD player and TV shut off on their own after our day-long movie marathon. With my feet propped up, I took a moment to bask in the "lived-in" feeling of my apartment. There is nothing warmer.
Our hug at the airport was long, but the goodbye felt short. Still, it had everything in it that two long-time friends needed to express. We already know there'll be opportunity for more adventures in the future.


text:
Off-ice official honored for 50 years in St. Louisby Ashali Vise / St. Louis Blues
ST. LOUIS - Throughout the St. Louis Blues 50th anniversary season, many have been recognized for their on-ice accomplishments. The most glorious moments in Blues history have been revisited, tribute has been paid to the greats like Bob Plager and season ticket holders have been thanked for supporting the team through it all.
But there's another person, one behind the scenes, who has spent 50 years of his life around the Blues, and that's off-ice official Ed Martz.
Where Are They Now: Dan Hinoteby Ashali Vise / St. Louis Blues
ST. LOUIS - A disciplined player with a positive attitude who brings humor to the locker room.
That's the kind of guy every coach and general manager wants on the roster, and that's what the Blues had in Dan Hinote for three seasons from 2006-2009.
Blues make contribution to Hockey Hall of Fame
Jake Allen's goalie pants were donated by Bert Godin on Wednesday in Torontoby Chris Pinkert / Video by Trevor Nickerson
TORONTO - Those goalie pants - the ones with the large thigh guards that often expanded outwards when a goalie went down to stop a puck - are history.
Luckily, the Hockey Hall of Fame is in the business of preserving that history.
Where Are They Now: Nelson Emersonby Ashali Vise / St. Louis Blues
In today's hockey world, you'll notice the speed and precision of many undersized forwards. But 20 years ago, being 5-foot-11 and 175 pounds made it harder to succeed in a League of heavy-hitters. Nelson Emerson, however, was just quick enough to dodge the big guys and too skilled with the puck to ignore, which is why he was drafted by the St. Louis Blues in 1985.
Blues retire Plager's No. 5 to the raftersby Chris Pinkert / St. Louis Blues
ST. LOUIS - Bob Plager likes to joke that back in his playing days, he was "No. 5 in your program, but No. 1 in your heart."
And to him, that's all it is - just a joke, a subtle way to remind you that he wore the Blue Note once and was awfully proud to do it. But for everyone who hears that wisecrack - and trust us, he's told it to plenty of people - they know that he's actually onto something quite profound. In fact, joke or not, there may not be a truer statement ever made, because you won't find one person in the Blues organization - past or present - that is more beloved or endearing than good ol' No. 5.
Where Are They Now: Ryan Johnsonby Ashali Vise / St. Louis Blues
ST. LOUIS - People often say it takes a special person to be goaltender, stopping pucks flying at you at roughly 100 miles an hour. What you don't hear about as much is the fearlessness of the skaters who get in front of those shots - something former Blue Ryan Johnson did over and over again to the tune of having 105 blocked shots in the 2007-08 season alone.
Known for his grit on special teams, the center spent just over four seasons with the Blues, racking up 49 points and 122 penalty minutes. We caught up with the vigorous penalty-killer to reflect on his playing days and talk about how he is still involved in hockey.
Blues wear prototype jerseys for One Nation Classic
Players will wear jerseys during Sunday's skills competition at Busch Stadiumby Chris Pinkert / St. Louis Blues
ST. LOUIS - Six months after the National Hockey League awarded a franchise to the city of St. Louis, new owner Sid Salomon III and team general manager Lynn Patrick modeled prototype jerseys for a photo opportunity with the St. Louis Post-Dispatch.
The jerseys, which featured one large note centered between the words "ST. LOUIS" and "BLUES" on the front, were never worn by the players on the ice. By the time the puck dropped on the franchise's inaugural game over a year later, the jerseys had evolved into something that looks a lot like what fans saw during the 2017 Bridgestone NHL Winter Classic on Monday.
Where Are They Now: Dallas Drakeby Ashali Vise / Special Contributor
ST. LOUIS - Leading a team during a rebuilding period can be the most difficult, but also the most crucial, role of a captain's career. That's why St. Louis fans held so much respect for Dallas Drake, who captained the club from 2005 - 2007 following a season-long lockout.
For Drake, it wasn't about putting on a show or getting attention. It was about grit and hard work every day of his 15-season NHL career.
Where Are They Now: Scott Youngby Ashali Vise / Special Contributor
Unforgettable - that's the best way to describe Scott Young's 2000-01 campaign. That's the season Young became a 40-goal-scorer - an individual accomplishment the Blues wouldn't see again for another six seasons.
Aside from getting to the net, the winger also recorded 33 assists that year, helping lead St. Louis to the Western Conference Final. There, he would top off his dream season with a game-winning overtime goal against Colorado for the only win the team saw in third round.
Where Are They Now: Garth Butcherby Ashali Vise / Special Contributor
ST. LOUIS - Of the hundreds of talented players who have worn the Blue Note over the last 50 seasons, only 22 men have shown the combination of skill and leadership that would earn them the designation of Captain. One of these men is Garth Butcher, who wore the "C" with pride during the 1991-92 season.
Butcher spent just over three of his 14 NHL seasons in St. Louis, playing 208 regular season games for the club. During that time, the fearless defenseman earned 46 points and racked up an impressive 508 penalty minutes, often standing up for his teammates and rarely backing down from a fight.
We caught up with him from his home in Washington to find out why he's looking forward to his return to St. Louis and how he's staying busy since retirement.


text:
Miri Ahmednagar Districts
Bombay Presidency
January 30th, 1917
Before me a great stretch of brown plain, broken only by an occasional tree. Just in the compound there is a straggling tree or two as some attempt at a garden, but there is no hedge or anything else to divide us off from the plain. There is an ugly little brown School on the right; and a few small children in red byadis are sitting outside, and from the back comes a good deal of noise where I fancy, a meal is going on.
I am only here temporarily: St. Monica's School at Nagar is by way of being my "sphere of work," but it was thought good that I should conic here for a month to see something of life in the districts. and visit the villages, that I might know the kind of homes the children come from. So, I have had a busy month "sight-seeing," and it certainly has been very interesting.
I can't say the villages are beautiful-just a collection of grey buildings, looking rather desolate and forsaken. There is generally a big grey archway that is quite imposing, though there's no wall. The Christians are all from the Outcastes and live outside the villages, some just in low mud huts, with only one room; but some seem quite well oft. and have quite fair-sized houses. They are all just dumped down anyhow, and among them are open sheds for bullocks, and goats: these latter, and thin, disagreeable dogs, wander about among the hovels: and there are plump and naked children who conic up to stare, and little girls rather more dressed and a bit shy at first; and women in dark byadis, red or green very often, who walk with a swinging tread, carrying bright brass pots on their heads; end men, in dirty white with crimson turbans in the morning they are enveloped in blankets, and they generally seem free to give information when we want it and to stand about and watch the women being taught, whether we want or not. These people are almost all entirely uneducated, and it is slow work teaching them. One longs to be able to get hold of all the children. There is very often a small Christian School under a Master, but the Indian men don't seem very good at teaching, and the children come irregularly; so, it isn't always entirely satisfactory.
As many children as possible are taken as boarders in the district schools. There one of the English Missionaries supervises, and the teaching is done by Indian girls, most of whom have been trained at St. Monica's.
From Miri I suppose about a dozen villages are visited regularly by women Missionaries. I will tell you of one I went to with Miss Broomfield and the Bible-woman. Started at 6.30 (we have to go early or the women will probably be out) Miss Broomfield entertained me with the story of how the wheel came off as she went by that road before, and one was rather loose this time! However, in spite of much jolting, we arrived safely, and then went round to find the women; went into one low mud hut, where was a woman with a tiny baby a few days old; talked outside a second to two or three people at once, and so on to others; and then sat down outside one of the houses and waited for the women to collect. There were a number of children there-very friendly ones, too-so I took them off, that the women might be taught undisturbed. The Bible-woman took that class, and Miss Broomfield went on to teach in another part. Afterwards, we went on into the village, where the Caste people are quite friendly, and will even listen to a certain amount of teaching when there is time to give it them. That day there wasn't! for there was such a demand for medicine. First, a small boy, whose broken head had been plastered up by some disagreeable black stuff. He sat on his mother's lap and Miss Broomfield doctored him, while a crowd rapidly gathered, all very anxious to be attended to and talking very loudly, some trying (without much avail) to make them understand what they wanted; babies crying, and mothers discussing their ailments; and all the time Miss Broomfield, in the midst, went serenely on, quite deliberately dealing with one after another, till all were satisfied (except perhaps a man who brought up a pony to be doctored, but was told that that was beyond our knowledge!) Then there was a child with plague to be seen, and a certain amount of "small talk" before we finally got off, and so back to Miri about 12 (but we were not usually as late as that).
Besides the near villages, there are many others that are too far for us to go to, except camping; so there the women have to be left to the Catechists, except, perhaps, for a week's visit or so once a year. If only the staff were larger it should be possible to camp four months in the year, and much more could be done. I suppose it is the same in every Mission Station: it does seem as though so much might be accomplished if only there were more workers. Won't some of the Old Girls who are now doing war work come out after the war? Perhaps some might come on a six-months' visit, just to see what things were like. I'm sure they'd enjoy it, and might be most useful too.
A certain amount of village work is done from Nagar too, but the Schools are the centre in St. Monica's, where I shall be, are about 90 children and a Normal Class. The training of teachers is, perhaps, the most important part of the work, and we want to develop it, having a hostel where the Normal Students can live with their own staff of Indian teachers, and that, we hope, will be the beginning of great things.
I can't tell how intensely interesting it is to be a Visionary, I wish some of you would come and try for yourselves!
Yours affectionately,


text:
Virginia Home Purchase Financing
Home loan financing with US Mortgage of Virginia means a mortgage that closes on time and a smooth home purchase loan process.
Whether you are a first time buyer or an experienced home owner, buying a home can be a stressful and time-consuming process. The greatest obstacle to beginning the purchase process is determining what home loan financing options are right for you.
When deciding on a home purchase loan, you want the choice with the interest rate, monthly payment and term options that are best for your personal circumstances.
At US Mortgage of Virginia, we take into account all of your needs, finances and history to help you choose the right home loan financing package for you.
Your interests are our first priority. Our experience and expertise in the industry qualify us to assist you in finding the home loan financing that is best for you. Take a look at the different home purchase loan options, and contact us at any time when you would like to discuss the purchase your next home.
Loan Options You May Be Interested In
- 30 Year Fixed
- 15 Year Fixed
- Jumbo Loans


text:
No products
ReadyNAS 312 2-Bay, 2x2TB Enterprise DriveNo reviews yet! €737.30 €892.13 Inc VAT.
- 2-bay unified (NAS/SAN) storage (8TB max. capacity expandable to 28TB w/ optional EDA500).- Consolidate, backup and share files across Windows, Mac, Linux, iOS and Android devices.- On-box data protection including XRAID automatic volume expansion, unlimited snapshots, encryption and real-time anti-virus.- Modern interface for easy cloud-based discovery and file management.- VM-ready with iSCSI support and vSphere™/Hyper-V™ certification.- Embedded and add-on applications for iTunes, DLNA, and streaming of music and movies to local or... More Info
ReadyNAS Expansion Chassis 5-Bay, DisklessNo reviews yet! €566.29 €685.21 Inc VAT.
ReadyNAS: Storage Made Easy Application data, virtual images, client files, email… the types of data central to running a successful business can seem endless. With ReadyNAS you finally have an advanced and easy-to use solution for centralizing, securing and controlling access to your digital assets. Way more than just simple unified (NAS and SAN) storage for your company, ReadyNAS allows you to do more than you ever thought you could afford by pairing the latest in performance with innovative efficiency technologies such as unlimited... More Info


text:
Advance booking with the New York Pass
Don't miss out - book your favourite tour in advance with the New York Pass. Learn more below.
New York City can be busy through most of the year and some of the most popular tours can sell out far in advance especially on weekends, but the New York Pass will let you secure your spot.
With the New York Pass, you can book your favourite tours in advance using either your collection voucher number or the Pass number if you had it delivered. Here is a list of the attractions you to book ahead.
Please Note: Some tours may require credit card information upon booking, you will only be charged if you fail to show up for your tour.
Up next:
Buy Now


text:
You are here: Home > Benefits > Warehouse Tracking Software
Warehouse Tracking Software
What is warehouse tracking and why is it important?
A warehouse tracking system monitors the progression of a pallet throughout the warehouse and creates a detailed record of the pallets life cycle.
The use of a Warehouse tracking system allows for a full stock tractability whilst in the warehouse and allows for the production of up to date stock reporting as well as the historical reporting of movements throughout your warehouse. Having been tracked through the receipt, storage, movement and despatch warehouse tracking software allows you to have full control and reportablilty of all stock held in the warehouse at the click of a button.
With the use of barcoding a warehouse tracking system can be simplified and increase tractability with stock been recorded instantly via the use of WIFI scanners and updated in real time.