text:
U S v. STATE OF MICHIGAN(1903)
The United States, by leave of court, duly filed in this court its original bill in equity against the state of Michigan, to which bill the defendant has filed a demurrer substantially for want of equity, and also because it appears therefrom that the complainant has been guilty of gross laches in regard to the matters therein set forth. It will be most convenient to set forth the bill, with the exception of some portions thereof which do not seem to be material, and it is as follows:
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(This act, although not set forth in the bill, is given in the margin.)
Act No. 17, Public Acts 1881
An Act to Authorize the Board of Control to Transfer the Saint Marys Falls Ship Canal, with the Property Belonging to the Same, to the United States.
Whereas, Congress, at its last session, included in the river and harbor bill the following:
For improving and operating the Saint Marys River and Saint Marys Falls canal, two hundred and fifty thousand dollars. 'And the Secretary of War is hereby authorized to accept, on behalf of the United States, from the state of Michigan, the Saint Marys canal and the public works thereon: Provided, Such transfer shall be so made as to leave the United States free from any and all debts, claims, or liability of any character whatsoever, and said canal, after such transfer, shall be free for public use: And provided further, that, after such transfer the Secretary of War be, and hereby is, authorized to draw, from time to time, his warrant on the Secretary of the Treasury to pay the actual expense of operating and keeping said canal in repair.' Therefore, [190 U.S. 379, 388] 'By the terms of said act the board of control of said canal, constituted by defendant for its management, was authorized and empowered, at any time when they might deem it proper, to transfer all material belonging to said canal and to pay over to the United States all moneys remaining in the canal fund, excepting so much as might be necessary to put the canal in repair for its acceptance in accordance with the act transferring the same to the United States; and the Congress of the United States in turn passed an act authorizing the Secretary of War to accept, on behalf of the United States, from the state of Michigan, the said canal and the public works thereon, and appropriating $250,000 to improve and operate the same, the same being the act approved June 14, 1880, found in 21 Stat. at L. 189, chap. 211.' (This act is correctly set forth in the preamble to the foregoing act of the state of Michigan.)
___ Sec. 1. The People of the State of Michigan enact, That the board of control of the Saint Marys Falls ship canal be, and hereby is, authorized and directed to transfer the said canal and the public works thereon, with all its appurtenances and all the right and title of the state of Michigan in and to the same, to the United States in accordance with (the) provisions of the above-mentioned clause: Provided, That this cession is upon the express condition that the state of Michigan shall so far retain concurrent jurisdiction with the United States over the Saint Marys Falls ship canal, and in and over all lands acquired, or hereafter acquired, for its use, that any civil or criminal process issued by any court of competent jurisdiction, or officers having authority of law to issue such process, and all orders made by such court, or any judicial officer duly empowered to make such orders, and necessary to be served upon any such person, may be executed upon said Saint Marys Falls ship canal, its lands, and in the buildings that may be erected thereon, in the same way and manner as if jurisdiction had not been ceded as aforesaid.
Sec. 2. The board of control of the Saint Marys Falls ship canal are hereby authorized and empowered, at any time when they may deem it proper, to transfer all material belonging to said canal, and to pay over to the United States all moneys remaining in the canal fund, excepting so much as may be necessary to put the said canal in repair for its acceptance in accordance with the act above recited: Provided, Such transfer of material and payment of moneys shall be in consideration of the construction, by the United States, of a suitable dry dock, to be operated in connection with the Saint Marys Falls ship canal for the use of disabled vessels.
This act is ordered to take immediate effect.
Approved March 3, 1881. [190 U.S. 379, 389] 'And thereupon said canal actually was transferred to the officers of the government of the United States connected with the War Department thereof, and your orator shows, avers, and charges that no tools, implements, personal property, chattels, goods, moneys, or effects of any name or nature that were in the treasury of the state of Michigan, or should or might have been therein at the time of such transfer, or within the custody of said state of Michigan, defendant herein, or might have been in such custody, connected with or belonging to said canal or lock, its funds, its management, and control, were so transferred and turned over.
The bill prayed for an accounting as to the sales of the lands, the prices obtained therefor, the application of the proceeds of the sales or exchange of such lands to the cost of the construction of the canal, the tolls received, their application, and also an accounting as to the tools on hand at the time of the transfer of the canal to the United States.
Messrs. Horace M. Oren and Charles A. Blair for defendant.
[190 U.S. 379, 394] Mr. Marsden C. Burch for complainant.
Mr. Justice Peckham, after making the foregoing statement of facts, delivered the opinion of the court: [190 U.S. 379, 396] By its bill the United States invokes the original jurisdiction of this court for the purpose of determining a controversy existing between it and the state of Michigan. This court has jurisdiction of such a controversy, although it is not literally between two states, the United States being a party on the one side and a state on the other. This was decided in United States v. Texas, 143 U.S. 621, 642 , 36 S. L. ed. 285, 292, 12 Sup. Ct. Rep. 488.
In the consideration of this case, the controlling thought must, of course, be to arrive at the meaning of the parties, as expressed in the various statutes set forth in the bill. While that meaning is to be sought from the language used, yet its construction need not be of a narrow or technical nature, but, in view of the character of the subject, the language should have its ordinary and usual meaning.
Whether, under these circumstances, technical words were used to express the thought that the state was to be a trustee, is not important if, upon a reading of the statutes and a survey of the condition of the country when the acts were passed, it is apparent that the intent was that the state should occupy the position of trustee in the construction and operation of the canal. Winona & St. P. R. Co. v. Barney, 113 U.S. 618, 625 , 28 S. L. ed. 1109, 1111, 5 Sup. Ct. Rep. 606.
The general purpose of these statutes was to build a ship canal, by means of the funds procured from the sale or other disposition of the public lands of the United States, to be used by all those whose business or pleasure should call them to pass through it in order to reach their destination.
As is well known, the Saint Marys river connects the waters of the lakes Huron and Superior. The navigation of the river is interrupted by Saint Marys falls, and it early became necessary, in order to provide conveniences for a rapidly increasing commerce, that there should be built a ship canal around these falls, so that large vessels coming from, or going to, Lake Superior should be thereby enabled to pursue their voyage to the east or to the west without interruption by those falls. The state of Michigan did not feel at that time (1850-1852) able to undertake such work itself, although it was a matter of much importance to many of her citizens. Finally the United States passed the act of 1852, set out in full in the foregoing state- [190 U.S. 379, 397] ment. The state subsequently accepted the same with all the conditions contained therein. We think it sufficiently appears from a perusal of these two acts that it was assumed that the grant of the right of way through the lands of the United States, and the grant of the 750,000 acres of its public lands in the state of Michigan, would pay the cost of construction of the canal, and the tolls to be collected by the state would repay it for all advances made by it in the repairs which would naturally and from time to time be required in such a work. There was no reason why the United States should provide that the state of Michigan should actually receive a profit over and above the payment to it of all its expenses for the construction of the canal and for keeping it in repair. If, through the action of the United States, a public work of national importance were constructed within the boundaries of that state, and the state itself reimbursed for every item expended by it in the construction and in the keeping of such work in repair, it would certainly seem as if the state could properly ask no more. It was clearly not the intention that the state should realize a beneficial interest from the transaction between the United States and the state over and beyond that which would arise from the existence of this canal. The cost of its construction and the keeping of it in repair were not to be borne by the state, even to the extent of a single dollar. That the parties supposed the cost would be borne by the United States is proved by an examination of the statutes; and, if it be a fact, it goes far to show that the state was, in this matter, acting in effect and substance as an agent, or, in other words, as a trustee for the United States, and that the transaction was not to be a source of profit to the state, by reason of getting more from the United States than it would cost to build the canal.
The expectation that the means provided by the United States for the construction of the work would be adequate for that purpose was not a visionary one, and it is proved by the fact, alleged in the bill and admitted by the demurrer, that such means were in truth adequate, and the canal was wholly constructed from the appropriation of the lands granted by the United States, and managed, repaired, and maintained from [190 U.S. 379, 398] the tolls exacted by the state from vessels passing through the canal.
An examination of the act of Congress of 1852, set forth in the foregoing statement of facts, will show, as we think, the trust character of the transaction between the United States and the state. There is granted to the state, by 1, the right of locating a canal through the public lands of the United States 400 feet in width; but this right of way is, by the terms of the act, to be used by the state, or under its authority, for the construction or convenience of such canal and the appurtenances thereto; and the use thereof is thereby vested in the state forever, but 'for the purposes aforesaid and no other.' The canal must be at least 100 feet wide, with a depth of water of 12 feet, and with locks at least 250 feet long and 60 feet wide. The act does not grant an absolute estate in fee simple in the land covered by this right of way. It was in effect a grant upon condition for a special purpose; that is, in trust for use for the purposes of a canal, and for no other. The state had no power to alien it and none to put it to any other use or purpose. Such a grant creates a trust, at least by implication. We have just held in Northern P. R. Co. v. Townsend, 189 U. S. --, ante, p. 671, 23 Sup. Ct. Rep. 671, in reference to a grant of a right of way for the railroad, that it was in effect a grant of 'a limited fee, made on an implied condition of reverter, in the event that the company ceased to use or retain the land for the purpose for which it was granted.'
The 2d section granted to the state, 'for the purpose of aiding said state in constructing and completing said canal, 750,000 acres of public lands,' belonging to the United States and lying within the state, which were to be subject to the disposal of the legislature of the state for such purpose and no other, and the canal was to be and remain a public highway for the use of the government of the United States, free from toll or other charge upon the vessels of said government engaged in public service, or upon vessels employed by said government in the transportation of any property or troops of the United States. It was also provided that if the canal should not be commenced within three years and completed within ten years, the state [190 U.S. 379, 399] was bound to pay to the United States the amount it received upon the sale of any part of said lands by the state at not less than $1.25 per acre, although the title to the purchasers from the state should remain valid. The state was bound to cause to be kept accurate accounts of the sales and net proceeds of the lands granted, and of all expenditures in the construction, repair, and operating of the canal and of the earnings thereof, and was to render a statement of the same annually to the Secretary of the Interior, and whenever the state should be fully reimbursed for all advances made for the construction, repairs, and operating the canal, with legal interest on all advances until the reimbursement of the same, or upon payment by the United States of any balance of such advances from the receipts from the lands and canal with such interest, the state was then only to be allowed to tax for the use of the canal such tolls as should be sufficient to pay all necessary expenses for its care, charge, and repairs of the same; and, before the state could dispose of any of the lands, the route of the canal was to be established and a plat thereof filed in the office of the War Department, and a duplicate thereof in the office of the Commissioner of the General Land Office. The 6th paragraph of the bill calls special attention to these facts.
In this Federal statute we find the purpose of the United States in granting the land. It was not for the benefit of the state of Michigan, and the state did not thereby receive any beneficial interests in such lands. As soon as it was repaid its outlay for the cost of the construction and for the maintenance and repairs of the canal, the tolls were to be reduced to such a sum as should be sufficient only to pay the necessary expenses for the care, charge, and repair of the same. Evidently, it was not supposed that the state was to profit from this grant further than such profit as might arise indirectly from the completion and operation of the canal.
Defendant refers to certain grants of land made to Illinois, Indiana, and Ohio, and perhaps to some of the other states, where such grants were made to aid in the construction of canals in those states, and where possible profits from the construction of such canals were within the contemplation of the various grants. [190 U.S. 379, 400] But in the acts referred to there are no restrictions upon the tolls which the states may charge for the use of their respective canals, the only limitation imposed being that the government should have their free use for the passing of its vessels; while, in this act, the tolls which the state may charge are to be only such after the payment for its construction, etc., as should be sufficient to pay the necessary expenses for the care, charge, and repairs thereof.
The state of Michigan, through an act of its legislature, duly accepted the terms of the act of Congress, and agreed to carry out all the conditions therein made obligatory upon that state. An attentive reading of that statute shows its purpose to conform to all of the provisions of the Federal statute. It provides ( 7) for keeping accurate books of account of sales and net proceeds of the lands, and for making returns to the Secretary of the Interior containing such accounts; provides ( 5) for designating the lands granted as 'Saint Marys canal lands;' and also ( 3) provides that, in letting contracts for construction of the canal, the responsibility of the proposed contractor and his ability to carry into effect the object of the act of Congress are to be considered. Reading both statutes, it seems to us the effect was to create a trust, and that the state was made the trustee to carry out the purposes of the act of Congress in the construction and maintenance of the canal. It there were funds arising from the sale of the lands over and above the cost of construction and other expenses of the canal, it could not within reason ( after a perusal of these two statutes, with the provisions for accounting for sales and net proceeds of lands, and the other provisions of the statutes already mentioned) be supposed the parties understood that Michigan was to have for its own treasury the balance arising beyond such cost, maintenance, etc., of the canal. If a surplus arose in the course of the operation of the canal, the tolls were to be at once reduced; and it seems to us that that surplus would, upon a fair and reasonable construction of the acts, belong to the original owner of the lands, by means of which the state, as, in substance, the agent of the United States, was enabled to construct the canal, and secure the tolls arising from its operation, to be expended upon its maintenance [190 U.S. 379, 401] and for necessary repairs. This would certainly be so after the formal transfer of the canal, and after the surplus was conclusively ascertained, and was subject to no further claims for repairs of the canal on the part of the state. The tolls were, in fact, the proceeds of the trust fund (the lands), which belonged to the United States, and should be transferred with the rest of the trust property.
Where Congress grants land to a state, to be used as provided in this statute, we think a trust, or power to dispose of the lands for the purpose of carrying out the improvement, is granted; and, in this case, no beneficial interest passes to the state by the language used, considering the whole statute. Rice v. Minnesota & N. W. R. Co. 1 Black, 358, 378, 17 L. ed. 147, 153.
If any particular part of the statute in this case were ambiguous or its meaning doubtful, of course the intention must be deduced from the whole statute and every part of it. Hence the importance of those provisions which, in effect, if carried out, prevent the state from making any direct profit by the construction of the canal, or from the tolls received from vessels passing through it. And, where words are ambiguous, legislative grants must be interpreted most strongly against the grantee and for the government, and are not to be extended by implication in favor of the grantee beyond the natural and obvious meaning of the words employed. Any ambiguity must operate against the grantee and in favor of the public. Rice v. Minnesota & N. W. R. Co. 1 Black, 380, 17 L. ed. 154. This rule of construction obtains in grants from the United States to states or corporations in aid of the construction of public works. (Id. 10.)
Then, too, there is the almost contemporaneous construction placed upon the Federal statute by the legislature of Michigan in the act No. 175, approved February 14, 1859, in the preamble of which it is said that 'whereas such canal, having been built and accepted by the authorities of this state, is found to need repairs in order to its preservation and use to the due performance of the trust created by said act of Congress and the assent of this state thereto,' etc. Again, the treasurer of the state, who, by virtue of his office, was one of the members of the board of control of the Saint Marys Falls ship [190 U.S. 379, 402] canal, in the course of his annual report for the year 1883, made to the governor and transmitted to the legislature of the state, used the following language:
We do not, of course, assume that the state treasurer could bind the state of Michigan by any admission he might make in a report to the legislature of that state, but it shows simply the understanding of that official, who was so closely connected with the construction and operation of the canal, in relation to the surplus funds in the treasury of the state, arising out of the operation of the canal. That the state legislature in 1859 regarded the state as a trustee is evident from the above language in the portion of the preamble quoted.
Finally, by the joint resolution of the legislature, being No. 20 of the Public Acts of 1897, it was stated as follows:
From these statutes and resolutions we think it quite clearly appears that the state and its public officers thought that a trust had been created, and that the state had received the lands in trust for the purpose of carrying out the provisions of the Federal statute. A surplus arising from the sales of lands and from the tolls, over and above all cost of construction, repairs, etc., after the formal transfer of the canal itself, belongs to the United States, and it is the proper party to recover the same.
The counsel for defendant, however, urged that other action by the United States shows that no such trust existed. He referred to the joint resolution of the state, adopted in 1869, wherein the necessity for the immediate enlargement of the Saint Marys Falls canal, a work of urgent necessity and national importance, was advocated, and it was therein said that the state of Michigan had no funds properly applicable to such purpose, and it was, therefore, resolved that the board of control of the canal should be authorized and directed to transfer the canal, with all its appurtenances and all the right and title of the state of Michigan in and to the same, to the United States, provided the state should be first guaranteed and secured, to the satisfaction of the board, against loss, by reason of its liability, on certain bonds which had been issued by it under authority of an act to provide for the repairs upon the canal, 'and to perform the trust respecting the same,' approved February 14, 1859. Even in this act of 1859, the legislature, as has already been stated, acknowledges the trust, and passes an act for the purpose of performing its obligations respecting the same. But it is said that this resolution ( of 1869) providing for the transfer of the canal was not noticed or accepted by the United States until 1880, when Congress, by an act approved June 14, 1880, authorized the Secretary of War to accept, on behalf of the United States, from the state of Michigan, the [190 U.S. 379, 404] canal, provided 'such transfer shall be so made as to leave the United States free from any and all debts, claims, or liability of any character whatsoever, and said canal, after such transfer, shall be free for public use.'
This offer under the act of 1880 was accepted by the state by act No. 17, Public Acts of Michigan of 1881, supra, and the board of control was authorized and directed: First. 'To transfer the said canal and the public works thereon, with all its appurtenances, and all the right and title of the state of Michigan in and to the same, to the United States,' in accordance with the provisions of the act of Congress approved June 14, 1880; and, second, 'at any time when they may deem it proper, to transfer all material belonging to said canal, and to pay over to the United States all moneys remaining in the canal fund, excepting so much as may be necessary to put the said canal in repair, for its acceptance in accordance with the act above recited: Provided, Such transfer of material and payment of moneys shall be in consideration of the construction, by the United States, of a suitable dry dock, to be operated in connection with the Saint Marys Falls shipcanal for the use of disabled vessels.'
It is argued from this legislation that Congress thereby recognized and acknowledge the ownership of the canal by the state, free from any trust connected therefor with, and that the provisions by the state for transferring all material belonging to the canal and for paying over to the United States all moneys remaining in the canal fund, etc., were upon the condition just quoted; and it is stated that there was no proof that such dry dock had been constructed, and hence there was no liability on the part of the state to pay the moneys or deliver the tools. But, if the original transaction amounted to a trust, as we think it did, the attempt of the state to impose a condition upon its payment of the moneys and the transfer of the tools did not take away its liability as trustee, nor make it necessary that the United States should build the dry dock before it should be entitled to the money and the tools. The United States might have been satisfied to permit the state to retain its nominal title and to remain in possession, and to operate the canal under its original obligations; and when, in 1880, it authorized the Secretary [190 U.S. 379, 405] of War to accept the canal from the state without any liability on its part for debts or claims in regard to the canal, it did not thereby in any manner admit the nonexistence of any trust theretofore created. Assuming that the land grant and the tolls had been sufficient to construct the canal and operate and repair it, there was no reason why the United States should assume or agree to pay any debts or claims which might exist in regard to the canal. The consideration for the transfer of the material and the payment of the moneys amounted, at most, to a provision in the nature somewhat of a condition subsequent, and the right to such transfer and payment did not rest upon the prior building of the dry dock by the United States. There was nothing in this legislation, in our opinion, which changed the character in which the state had acted as trustee up to the time of such transfer of the canal, and the liability of the state was not altered by reason of the act of 1880 or that of 1881.
We are of opinion that the bill shows a cause of action against the state of Michigan as trustee, and its liability to pay over the surplus moneys (if any), which upon an accounting it may appear have arisen from the sale of the granted lands, over and above all cost of the construction of the canal and the necessary work appertaining thereto, and the supervision thereof, together with the surplus money arising from the tolls collected, which latter sum by the demurrer is admitted to amount to $ 68,927.12. This sum the United States in substance (especially in the 4th paragraph of the bill) admits is all that is due from the state on account of such tolls. It is not entitled to go back of that amount and call for an accounting as to the tolls prior to the transfer of the canal to the United States. The latter is also entitled to recover the value of the tools, etc., mentioned in the bill, as of the time of the transfer of the canal.
We think there is no ground of defense arising from any alleged laches on the part of the United States in bringing this suit. Assuming the existence of what would be laches in a private person, the defense that might arise therefrom is not available ordinarily against the government. United States v. Beebe, 180 U.S. 343, 353 , 45 S. L. ed. 563, 570, 21 Sup. Ct. Rep. 371. [190 U.S. 379, 406] There must be judgment overruling the demurrer, but as the defendant may desire to set up facts which it might claim would be a defense to the complainant's bill, we grant leave to the defendant to answer up to the first day of the next term of this court. In case it refuses to plead further, the judgment will be in favor of the United States for an accounting and for the payment of the sum found due thereon.
Demurrer overruled and leave to answer given, etc.


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subset: commoncrawl


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Carrot Cake—The Commissary's legendary dessert. Though years ago it was deemed too mundane to serve at old Frog and dropped from the menu, the recipe was resurrected and refined when The Commissary opened.
Customers immediately latched on to this special version, which boasts one of the richest fillings imaginable. It sandwiches layers of moist, spicy cake laden with raisins and pecans, which are then covered with a tangy cream cheese frosting and finished with the gilded crunch of toasted coconut.
Commissary Carrot Cake, in fact, has become so synonymous with the restaurant that when we went to change our logo, a sprightly bunch of carrots seemed a natural motif. A mixed greens salad (which leaves plenty of room) and Carrot Cake were an often-seen Commissary luncheon choice, and the bakery long ago lost count of all the "Carrot" wedding cakes it has sent out. (And then there was the Carrot Cake Ice Cream!)
Many of us, too, will never forget the trays and trays and trays of giant Carrot Cake sheet cakes produced for the various Philadelphia outdoor restaurant festivals, and how, at one festival, after selling out of 2,500 pieces, we were begged by the crowd still mobbing our booth to sell them the crumbs.
Do Ahead This cake is most easily made if you start it at least a day ahead, since the filling, for one thing, is best left to chill overnight. In fact, the different components can all be made even several days in advance and stored separately until you are ready to assemble the cake.
Pecan Cream Filling
1 1/2 cups sugar
1/4 cup flour
3/4 teaspoon salt
1 1/2 cups heavy cream
6 ounces (3/4 cup) unsalted butter
1 1/4 cups chopped pecans
2 teaspoons vanilla extract
Carrot Cake
1 1/4 cups corn oil
2 cups sugar
2 cups flour
2 teaspoons cinnamon
2 teaspoons baking powder
1 teaspoon baking soda
1 teaspoon salt
4 eggs
4 cups grated carrots (about a 1-pound bag)
1 cup chopped pecans
1 cup raisins
Cream Cheese Frosting
8 ounces soft unsalted butter
8 ounces soft cream cheese
1-pound box of powdered sugar
1 teaspoon vanilla extract
4 ounces shredded, sweetened coconut (1 1/2 cups)
1 Make the filling: In a heavy saucepan, blend well the sugar, flour, and salt. Gradually stir in the cream. Add the butter. Cook and stir the mixture over low heat until the butter has melted, then let simmer 20-30 minutes until golden brown in color, stirring occasionally. Cool to lukewarm. Stir in the nuts and vanilla. Let cool completely and then refrigerate, preferably overnight. If too thick to spread, bring to room temperature before using.
2 Make the cake: Preheat the oven to 350°. Have ready a greased and floured 10″ tube cake pan. In a large bowl, whisk together the corn oil and sugar. Sift together the flour, cinnamon, baking powder, baking soda and salt. Sift half the dry ingredients into the sugar-oil mixture and blend. Alternately sift in the rest of the dry ingredients while adding the eggs, one by one. Combine well. Add the carrots, raisins, and pecans. Pour into the prepared tube pan and bake for 70 minutes. Cool upright in the pan on a cooling rack. If you are not using the cake that day, it can be removed from the pan, wrapped well in plastic wrap and stored at room temperature.
3 Make the frosting: Cream the butter well. Add the cream cheese and beat until blended. Sift in the sugar and add the vanilla. If too soft to spread, chill a bit. Refrigerate if not using immediately, but bring to a spreadable temperature before using.
4 Assemble the cake. Preheat the oven to 300°. Spread the coconut on a baking sheet and bake for 10-15 minutes until it colors lightly. Toss the coconut occasionally while it is baking so that it browns evenly. Cool completely. Have the filling and frosting at a spreadable consistency. Loosen the cake in its pan and invert onto a serving plate. With a long serrated knife, carefully split the cake into 3 horizontal layers. Spread the filling between the layers. Spread the frosting over the top and sides. Pat the toasted coconut onto the sides of the cake. If desired, reserve 1/2 cup of the frosting and color half with green food coloring and half with orange. Then decorate the top of the cake with green and orange icing piped through a 1/16" wide, plain pastry tube to resemble little carrots. Serve the cake at room temperature.


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ooh you guys, vogue just released their winter sewing patterns! in fact, it's been almost exactly a year since i last shit all over them. happy anniversary to me! let's celebrate with a snarky shit-talking post, shall we?
i'll start off with the 3 that i like.
vogue 1271, kay unger
gorgeous dress, although the fabric choice is pretty tragic. can you imagine this in a lush black with a jewel-toned belt? i die.
vogue 1265, pamella roland
i hated this one the first time i saw it – i thought it was some kind of awkward dressy romper/suit hybrid. EW. actually, it's just a dress – that is a slit in the front, although i have no idea why they put it there since it obviously doesn't need it once you see the back:
again: i die. twice.
vogue 8766
ok, this one isn't really that special, i think i just like the lacy lace. pretty sure i have a dozen patterns exactly like this, but with different cover art. still – me likey!
vogue 1273, badgley mischka
i like this ok – it has some neat detailing – but, again, tragic fabric choice. what's with all the shiny polyester satin, vogue?
vogue 1267, tom & linda platt
i like the detail seaming, but for the most part, this dress is pretty meh.
vogue 1272, bellville sassoon
i know we are still in the middle of an 80s revival, but this is just uncalled for.
vogue 1269, chado ralph rucci
i want to like this, i really do, but the flounce overload is giving me hives.
vogue 8768, vintage vogue
actually, this one isn't so bad aside from the WTF STYLING. this mess doesn't fit the model AT ALL, especially that unflattering hemline. she looks horribly awkward & uncomfortable. i don't blame her.
vogue 8769
well, that's practical.
vogue 8780
what is this i don't even.
vogue 1279, pamella roland
not a bad suit by any means, but why did they decide to make it up in 3D hologram fabric? excuse me wtf r u doin.
vogue 8776
actually, this one just made me laugh for about 5 minutes straight. thanks for the mood-lifter, vogue!
vogue 8783, marcy tilton
i love that this purse is ~designer~, if by designer you mean totes appropes for hauling around in the minivan on the way to the soccer fields. i'm side-eyeing that woman's hair so hard right now, willing it to morph into this. and oh, look, she's wearing 8780! in green fleece!
vogue 1276
this is actually a sleeveless vest, thoughtfully covered in hairballs.
vogue 1268, guy laroche
looks like a cheap pocahontas halloween costume.
vogue 1277, koos van den akker
you can defend koos van den akker all you want, but every single one of his designs is ugly as shit, as far as i'm concerned.


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Ureteropelvic junction (UPJ) obstruction occurs from partial or total blockage where the pelvis and ureter (the tube leading to the bladder) meet. More common in children and often resulting from a congenital abnormality, UPJ obstruction impedes the flow of urine, causing it to build up.
Symptoms do not always present themselves, even when a UPJ obstruction is present. When symptoms do occur, they may include:
Abdominal and flank pain
Nausea and vomiting
Kidney stones
Urinary tract infections
High blood pressure
Over time, if UPJ obstructions go untreated, deteriorated kidney function can become a serious problem.
When the obstruction is mild, it is usually left to correct itself. Antibiotics may be used to prevent infection. Because there is the potential for kidney damage, more severe cases tend to require pyeloplasty, a surgical procedure that removes the blockage and reconnects the ureter and the renal pelvis.
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Getting the care you need starts with seeing one of our urologists.


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Who's the best wine critic, a local or a visitor to the region?
Old friend Nick Goldschmidt braved the terrors of I-80 through Berkeley and Emeryville to visit me in Oakland yesterday. We grabbed some sushi to go and walked over to the park, where we sat on a bench by the lake, with all the seagulls and geese, and talked. (Yes, Gus came, too.)
What did we talk about? Wine, of course. I got caught up on his adventures (Nick seems always to be somewhere in the world making wine) and he got caught up with mine. We spoke about wine critics, and Nick made an interesting statement.
He said, in effect, that he thought wine writers/reviewers should actually live in the places they write about, in order to understand the culture. For instance, he said, when Nick travels to Chile, he lives with winemakers, not in a hotel, eats their food, plays with their kids, and in general absorbs the culture. Chileans eat a lot of sushi, which accounts for many of their wines. Argentinians, by contrast, eat a lot of beef.
So what about traveling writers, like Jancis, Parker, Galloni? I asked. They don't live in the wine regions they write about but they seem to do a pretty good job. And, I pointed out, I don't live in wine country either.
"Yes, but you live in the Bay Area and easily travel up to Napa and Sonoma," Nick said, which is true; and it's also easy for me to get to the Central Coast. On the other hand, lots of wine writers only visit overseas regions once or twice a year—and then they tend to go to the same old wineries over and over, and this, too, bothered Nick.
I suppose it's true that living in or near the wine country you write about makes the writing somewhat more authoritative. I'm not sure I agree that an understanding of the "culture" is all that relevant, though. It can't hurt, but I like to feel that I could take the skills I've learned—having a decent palate and all that—and apply them to the wines of France or Croatia or South Africa, if I was reviewing them.
Winemakers always want to feel that the people critiquing their wines have as thorough an understanding as possible of those wines—where they're from, what the underlying philosophy is, how they were made and so forth. This is perfectly understandable. The relationship between a critic and the wines he reviews is a very intimate one. This is why many wineries—not most, but a lot—won't allow critics to taste their wines, except with the winemaker on the premises. I personally don't subscribe to that approach, as I think it's short-sighted; but then, I come at this from the critic's point of view.
I think Nick's questions raise deeper issues, and reflect an ongoing uneasiness about wine critics on the part of many winemakers. They (winemakers) work their butts off to make wine, and then their success or lack thereof is in the hands of writers who are, let's face it, largely uncredentialed. We also talked about where wine criticism is heading, as the Boomers fade from the scene and print publications continue to try to figure out how to stay relevant. Nick asked me what I thought, and I had to admit I don't know. After all these years of kicking the subject around on steveheimoff.com, the jury's still out on how Millennials (the future of wine) will be basing their buying decisions in 5, 10 years.
Speaking of Nick, whose wines I've adored for a long time (he's so talented), I will miss tasting the fantastic range of great wines that used to come my way, not to mention the interaction with so many talented California winemakers, some of whom have been nice enough to contact me and wish me well. I was lucky in my job: I got to taste the best that California has to offer. Not that I'm complaining: I still get to taste some fabulous wines from Jackson Family. Long before now, I should have congratulated Virginie Boone for inheriting the Napa-Sonoma portfolio of my former job at Wine Enthusiast. Good for her: she deserves it.
I don't know that being with the folks makes much difference in California, which is more -or-less monocultures compared to , say, Provence and Catalonia, or Chile and Argentina. at least if you're eating street food with Bourdain. OTOH, Clive Coates made much of getting to know individual Burgundians, and I've found his comments very instructive.
This is probably an idealistic position, but a critic with local knowledge is the best because she/he can give you context. Take Lodi: right now there is a new movement there among a select few winemakers to make lower-alc, minimal-intervention Zin from old vineyards. A taster sitting in Philadelphia might not be able to inform us consumers about how the new zins relate to the old ones.
Good question. I discussed this on my blog recently. Local writers have in depth knowledge but often lack the global context of wine to make best use of this. But if you try to cover everything you spread yourself thin. My policy – travel the world but develop specialisms. Make a point to benchmark the celebrated classics
There is an element of elitism, or perhaps self-serving righteousness, in the notion that a person with informed knowledge of the wines of an area cannot be a valued and exacting critici of those wines. One does not have to live in Condrieu to have tasted enough of those wines to know about them, and one does not have to live in CA to understand the many variations on the Viognier theme that exist here.
Tasting experience and careful observation is always the best teacher. My impressions of Chilean or Argentinean or Bordelais or Australian Cabernets come with years of experience of tasting not just the wines in my locale (California) but also those wines as well.
It is absolute nonsense that one has to live in Bordeaux to understand the difference between Margaux and Pauillac or even between Lafite and Latour. Only a local would make that argument. And what makes the point even sillier is that the whole world buys those wines. If one believes that local knowledge is necessary to understand them, then the further extension of that argument is that only locals should drink those wines.
Good luck with that.
It ultimately depends on the ability of the individual to step outside the constraints of local provincialism, and not all can accomplish that. Being an insider certainly gives a degree of insight which can prove to be valuable. On the other hand, being an insider/local also comes with pressure (internal and external) to not offend one's friends/neighbors/clients, to not rock the apple cart and to conversely be something of a cheerleader for the local industry.
Often, a clear-eyed outsider's perspective unfiltered by over familiarity and personal relationships is the superior judge.
One of the things that I've always respected about this blog is Steve's ability to take a cold, clear-eyed view of the California wine industry and occasionally make an analysis that isn't entirely welcomed by the locals but one he feels is both correct and necessary.
Steve, et. al.:
Let me come at this from a different direction: should critics even know the artists they cover?
Will that personal knowledge led to the formations of friendships, which might make it more difficult to publicly criticize their work?
Restaurant critics go undercover to review dining establishments. They don't know the owners and/or executive chefs or sommeliers. And we the public like it that way.
Critics who get too cozy with their subjects risk losing their objectivity.
(Think of the cozy relationship that existed between the English wine press and the Bordeaux producers in the 1970s that motivated Robert Parker to take up pen and start reviewing wines with a Ralph Nader-inspired independence from the trade.)
~~ Bob
One more observation: what if a wine critic has a disability that limits his/her mobility and therefore ability to travel to/through "wine country"?
His or her discerning opinions would/should still be valuable and welcomed.
(Looking over the horizon: Robert Parker's health issues. Going forward, if he can no longer travel to California or Bordeaux, walk the vineyard properties, and stand or sit for extended periods of time sampling wines for his annual reports, he could still cover the scene remotely via his home in Monkton sampling bottles — the way that almost every wine critic does who covers multiple geographic "beats." Parker's reservoir of knowledge trumps the importance of his personal "boots on the ground" forays.)
~~ Bob
Let me add my two cents about restaurants vs wine criticism.
I do not believe, and neither does Steve, that wine should be reviewed in wineries with owner or winemaker standing there telling you what to think.
Restaurant reviews can only be performed in the restaurant.
Second point: If you have ever eaten in a restaurant where the owner knows you and wants to treat you right, then you know that there are times when you get an enhanced meal. I can cite many instances of extra courses to bigger portions where it has happened to me. That cannot happen with a bottle of wine tasted blind within my tasting confines.
Now, I know you are not championing bad behavior, but I will tell you that I have had winery owners tell me that the only way I can review their wines is to come to the winery and taste the wine there with them present. I refused one owner who then said to me, "Well, Parker and Tanzer do it".
When I asked him if he thought it was an appropriate way to taste, he said to me "All I know is that I get better scores that way".
Regarding this statement:
"If you have ever eaten in a restaurant where the owner knows you and wants to treat you right, then you know that there are times when you get an enhanced meal. I can cite many instances of extra courses to bigger portions where it has happened to me. That cannot happen with a bottle of wine tasted blind within my tasting confines."
There have been allegations made over the years of "special cuvees" concocted specifically for visiting wine writers. (Bordeaux is repeatedly mentioned.)
Those cuvees may — or may not — become the wine that gets bottled and shipped to importers and ultimately consumers.
Example: http://articles.latimes.com/print/1994-06-23/food/fo-7290_1_wine-spectator
As for restaurants, one could bypass personally dining in the establishment and sample via take-out.
~~ Bob
On the subject of Parker's recent speech at the Professional Wine Writers Symposium at Meadowood in St. Helena . . .
video clip: http://vimeo.com/87443435
article: http://www.forbes.com/sites/katiebell/2014/02/24/robert-parker-faces-his-toughest-critics-wine-writers/
. . . clearly the man is challenged physically from his back surgery last year (e.g., walking with the assistance of two canes).
But his health has been a subject of discussion for 15 years.
Excerpts from this 1999 front page article in the Los Angeles Times:
From the Los Angeles Times "Main News" Section
(February 23, 1999, Page A1ff):
"He Sips and Spits — and the World Listens;
Wine writer Robert Parker may be the planet's most powerful critic.
His controversial views influence the industry and its sales globally, and have helped increase consumers' knowledge."
By David Shaw
Times Staff Writer
On a chilly early fall morning in the Napa Valley, the Most Powerful Man in the World of Wine — unseasonably attired in a short-sleeved shirt and shorts — stands next to his white rental car in the parking lot at the Meadowood Resort. There's a boyish half-smile on his lips and a small, inch-thick notebook in his left hand. At 51, his Rabelaisian love of food — and 25 years of drinking two bottles of wine a day — HAVE ADDED 80 POUNDS to his 6-foot, 1-inch frame. HE NOW WEIGHS 265 POUNDS, AND HIS WALK IS BEGINNING TO RESEMBLE A WADDLE — a reasonably fast waddle, to be sure, but a waddle nonetheless. . . .
"How much wine does he actually drink — not just taste, drink?
" 'I used to drink about two bottles a day' he says, 'but when I hit my mid-40s, I figured it was wise to cut back to a little more than one a day.'
"How is his health?
"I'VE GOT GOUT. All that rich food, no doubt. . . ."
[CAPITALIZATION used for emphasis. ~~ Bob]
Addendum: the missing link.
Bob Henry: "Restaurant critics go undercover to review dining establishments. They don't know the owners and/or executive chefs or sommeliers. And we the public like it that way."
That's an arguable assertion. Apparently it's been a longstanding joke in the restaurant criticism trade: the critics go "undercover" in the sense that they use a fake name for the reservation, but even maitre d' worth his salt knows the important local critics by sight, and the kitchen is made aware of it. (Especially in the age of social media, where it's relatively easy to find a picture of someone.)
A synopsis here: http://www.slate.com/blogs/browbeat/2013/07/23/pete_wells_daniel_review_the_new_york_times_restaurant_critic_acknowledges.html
New York Magazine's food reviewer recently gave up the pretense of anonymity, for similar reasons: http://nymag.com/restaurants/wheretoeat/2014/adam-platt-revealed/
If I recall correctly, the New York Times
Jim B:
Here in Los Angeles, news coverage on "outing" a restaurant critic:
"Food Critic Outed and Ousted from Restaurant;
Times critic S. Irene Virbila was waiting for a table at Red Medicine when the manager snapped her photo and told her to leave. It sparked a debate over whether modern critics can — or should — remain anonymous."
News coverage on the restaurant reviewers at the Michelin Guide being anonymous:
~~ Bob
I remember that story. That's the same restaurant that went on Twitter to name and shame people who made reservations and failed to show.
Of course, it's another difference between wine and restaurant criticism that — this exception aside — restaurants generally can't "opt out" of being reviewed by particular critics, whereas I gather that it's pretty easy for wineries to do so given that many critics rely on submissions.
Jim B,
If you make your wine scarce enough through artificially low production and nose-bleed mailing list selling prices, then conceivably a winery can thwart most reviews.
So let's turn to two such critics — Steve and Charlie.
Disabuse me of my ignorance: have you each reviewed bottles of Screaming Eagle and Sine Qua Non for your respective wine publications?
If "yes," how did the bottles reach you: procured through the publication's acquisition budget, or donated by the wineries?
~~ Bob


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For a long time after we had kids, I was fine with Rex and my household arrangement. Simply stated, he'd shuffle off to work during the day while I'd work with the kids at home. He'd do the laundry, I'd do the cleaning. He'd do the dishes while I did the cooking. But the sibling squabbles, bedtime routines and basic boo-boo/question solving issues? That was all mine.
Until recently.
My son, who is almost eight, is amazing. But he can be a pistol. To say it bluntly, sometimes I just can't take one more question. Yes, I think it's fantastic that he's interested in exactly how the pyramids were constructed, what Michelangelo painted behind those recently discovered trap doors, and why certain fish live in fresh water but not salt water.
More From Good Housekeeping
But the same inquisitive "why" and "how come's" when it's time to brush teeth and wash hands can drive a mama to drink. No amount of routine, consistency and follow through on my part seems to work when my son is in needling mode.
Rather than yell or scream like a Maury Povich paternity test guest (does no good) or run shrieking from the house like Richard Simmons in a new pair of Nikes (that's just plain dumb, plus it scares the neighbors and I look heinous in a perm) I have started enlisting Rex. A year ago I wouldn't have bothered bugging my man for help. I'd have convinced myself that this is my arena, not his. I'm strong! I'm independent! I don't need him for every little thing!
But sometimes, I just do. Apparently being married means you work as a team. Who knew?
These days, I'm making less apologies. Just now, when I heard the bathroom light go on for the tenth time in twenty minutes, I interrupted a riveting episode of South Park to bring Rex the following message: "I NEED YOUR HELP."
Like a priest sworn to secrecy, no questions were asked. He went up the stairs, mumbled something to Stink, then came back down.
This time, however, instead of going right back to Cartman, he paid a visit to me first.
"I'm worried that maybe Stink isn't joking around. Maybe he has a bladder infetion."
I just looked at him, wanting to scream, "You naive, dorko!" Instead, I stayed silent and let him continue."Or maybe he's just playing us." (DUH.) "But either way, I think we need to devise a plan to figure out what's going on in that thick skull of his!" And then he said the words that melt my heart every time. "Together."
If you're at all like me, it doesn't matter what problem you're facing as a parent, whether it be as insignificant as a child who won't go to bed to a scary diagnosis. What's important is that you don't feel alone.
Oftentimes, in my past, I felt isolated. A big reason was because I just didn't ask. Pre-children, my very livelihood depended my strong and assertive nature. (Well, "facade" is better put.) Asking for help was considered a weakness.
But in parenthood, surrender is part of survival. It might be hard for a sassy gal like me to ask for assistance, but that's silly, because given a chance, Rex is more than willing to help.
Here's five ways I think you get more help from your spouse. Perhaps you can add some more?
1. Ask them what their biggest challenges are each day, whether it's at the office, home or dealing with a difficult family member. Don't judge. Don't criticize. Just listen.
2. Tell them what your biggest challenges are each day. Don't expect them to fix it. Just ask them to listen without commenting.
3. Decided on 1 thing that each of you want to change.
4. Decide on 1 thing that each of you can do to relieve the other's burden.
5. When that's done, move onto the next item on the agenda.
I suggest patience and humor as you work your way through the list. For some of you, years of resentment might be built up. Words won't fix this, but actions will. Like a great 12-Step program, take this 'asking for help stuff' one day at time.
Alisa Bowman writes about topics like this in her Project Happiily Ever blog. Why not take a look for some more marriage booster tips? In the meantime, tell me what you'd like help with. Or what does your spouse do that's great!
Oh, and dare I add a #6 to the list: When your spouse helps you, no matter how small, thank him or her! For us, a great romp in the hey is a sure way to keep us supporting each other! Speaking of, I promised Rex some fresh bed sheets tonight. Which is really silly, because they're just going to be messed up later. But he's worth it. And so is your spouse!
* Photo of Rex re-doing all our window screens by hand. If he can manage the tricky job of lining stinky plastic on rickety aluminum without breaking a sweat, he can certainly handle my last minute requests for kid help. I wasn't giving him enough credit in the past and lucky for him, this is changing!


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Rihanna made sure her designs for her Spring 2013 River Island capsule collection didn't get lost on the Internet by wearing them on her often-photographed body. {Grazia Daily}
Just so we didn't forget about Nicolas Ghesquière (like we ever could!) now that Alexander Wang has officially filled his role at Balenciaga, the designer has created a Twitter handle, @TWNGhesquiere. {ELLE France}
More From ELLE
On the subject of Wang, he "immediately" requested to see the Balenciaga archives. Love the go-getter attitude! {WWD}
See this sneak peek of Beyoncé's upcoming documentary for HBO. {Styleite}
Mary-Kate and Ashley Olsen of The Row collaborated with British artist Damien Hirst to make 12 backpacks for a whopping $55,000 each. {Telegraph}
Six months into his gig as the creative director of Elie Tahari, Ingo Wilts is leaving the brand for personal reasons. {WWD}
Move over Pinterest, the next social media fad is Glossi, a site that enables users to create their own online magazines on laptops, tablets, and smartphones. {Thew New York Times}
Take a virtual holiday: Elie Saab released a film, Croisiere Paris, featuring the label's Resort 2013 collection shot along the Seine River. {YouTube}


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After months of rumors and speculation, the Shellphone has finally made a splashy arrival in the U.S.—and as you can see in the unboxing video above, someone has got their hands on one.
The video is brief (rumor has it that the creator received a surprise visit from some grouchy folks from Cupertino) but from what can be seen, the Shellphone looks to be impressive. Here are some initial thoughts:
- It can be difficult to get a team of designers and engineers to collaborate, but the creators of the Shellphone seem to have come up with a seamless user interface and end-to-end experience.
- Yes, man-made Gorilla glass is becoming the standard bearer these days, but the coating on the Shellphone looks like it has been millions of years in the making. No other tech currently out there uses 100% natural materials.
- By now you've heard about the new Sea G network, and it apparently lives up to the hype: the guy in the video mentions that service is so clear you can almost hear the sea calling.
- No need to stress about any death-grip-related issues with the Shellphone, because it has no antenna. But the service you get is still totally uninterrupted.
- While other phones boast artificial intelligence, everything the Shellphone has to say actually makes sense.
Bottom line? The Shellphone is a game changer unlike any other device on the market. Head here for more information on the company that just released it into the world.


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I got my start building online communities in 1999 with the launch of TechRepublic.com. We grew from a cold start of 0 to 2 Million members in less than 2 years before being acquired by Gartner – it was an insane ride.
I was first asked the question of (more or less) "What makes a thriving community" during the first few months of our growth, and frankly, I didn't have a good answer at the time. I was primarily focused on designing the site, rolling out new features (like one of the first peer networks in the space), and tweaking architecture. One night when we were working on what was essentially a Social Q&A feature, I checked into our forums to look for inspiration and ideas around how people typically ask technical questions. What I stumbled into was an exchange in the forums about configuring Windows NT for a very specific enterprise environment. Probably 100 in the entire world were capable of having a meaningful conversation about this topic, and we had attracted 10 of this. For TechRepublic at that time, a thriving community meant attracting the most knowledgeable IT Pros in the world, and incentivizing them to share and participate.
I've asked myself the "what makes a thriving community" a lot over the years, especially when my practice takes me into a new domain. What worked at TechRepublic in '99 and Autodesk in 2001 wasn't necessarily the same criteria for the large NPO communities and collaboration spaces we did at Forum One, or even the range of communities we built and nurtured at Dell.
I was asked to think about the question again last week, and I put together the following list. Given where brands generally are with their social and community efforts, I feel like this is a good and succinct list – by no means comprehensive – but directionally correct.
Attributes of Thriving Communities
|What it looks like to host:
|What it looks like to member:
|Shared Value
|Business value in the form of answers, content, connection, expertise, & advocacy.
|Value in the form of answers, content, connection, expertise & access.
|Shared Identity
|Members rally around, inhabit, and shape community brand.
|Helps birth and shape community brand.
|Vibrant Participation
|Visible, regular and quality member participation and contribution.
|Regular Host presence, contribution and facilitation.
|Community Leadership
|Defined rank and reputation model; extending management to members.
|Meaningful ranks and status; clear paths to achievement and privileges.
|Quality Content
|Content base growing and evolving to most valuable state.
|Contribution, curation and feedback to evolve content quality.
|Community attracts and develops SMEs.
|SMEs from host are regular community participants; opportunity to learn & develop.
|Culture of Trust
|Culture of openness and civility. Members air grievances respectfully.
|Feel connected to host, part of governance & free to provide critical feedback.
|Elegant Experience
|Mature community & social tools, fantastic UX, committed roadmap.
|Easy to participate and contribute, needs-driven features.
|Growth & Responsiveness
|Base follows growth curve of brand / product. Base guides features & policy.
|Steady influx of new & quality members, participation in community governance.
What would you add?


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Why the GOP is the party of white people
Pat Cunningham
Sam Tanenhaus has a LONG LONG PIECE in the current issue of the New Republic dealing with the whiteness of the Republican Party — how it got that way and why it stays that way.
A few excerpts:
With Barack Obama sworn in for a second term—the first president in either party since Ronald Reagan to be elected twice with popular majorities—the GOP is in jeopardy, the gravest since 1964, of ceasing to be a national party. The civil rights pageantry of the inauguration—Abraham Lincoln's Bible and Martin Luther King's, Justice Sonia Sotomayor's swearing in of Joe Biden, Beyoncé's slinky ...


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Top Ten Tuesday is a weekly meme created by The Broke and the Bookish and now hosted by That Artsy Reader Girl. I collect quotes like I collect books so I was super excited when I saw this week's theme! I won't lie, it was no easy feat narrowing it down to a list of ten but after changing my mind numerous times, here are my favorite book quotes!
1. "He's more myself than I am. Whatever our souls are made of, his and mine are the same." Emily Bronte, Wuthering Heights
2. "But if men are the makers and breakers of empires, then women are the makers and breakers of men." Kate Quinn, Lady of the Eternal City
3. "When the snow falls and the white wind blows, the lone wolf dies but the pack survives." George R.R. Martin, A Game of Thrones
4. "I cannot fix on the hour, or the spot, or the look or the words, which laid the foundation. It is too long. I was in the middle before I knew I began." Jane Austen, Pride and Prejudice
5. "The moment our lips met, I knew with pure and piercing certainty that I would have waited for him forever." Leigh Bardugo, Shadow and Bone
6. "I gripped her, drowning, and I loved her more than anything on this wide green earth." Kate Quinn, Empress of the Seven Hills
7. "I have loved you every moment of every day, and I will love you until I cease to be." Amy Harmon, The Bird and the Sword
8. "Theirs wasn't the only love story ended by the gods, but it was the only one that ended the gods." Laini Taylor, Strange the Dreamer
9. "You know, sometimes all you need is twenty seconds of insane courage. Just literally twenty seconds of just embarrassing bravery. And I promise you, something great will come of it." Benjamin Mee, We Bought a Zoo
10. "If I cannot move heaven, I will raise hell." Virgil, The Aeneid


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EERA's office is located in the heart of Brussels, only a stone's throw away from the European quarter.
Its spacious meeting room (approx. 90 sqm) with view on a quiet side street of Porte de Namur is perfectly suited for seminars, workshops, conferences and receptions, offering a modern, welcoming space to work and network.
The separate entrance allows for privacy and the adjacent coffee area with a small kitchen offers ideal conditions for setting up catering without disturbing the event.
The meeting room is technically fully equipped.


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Text: Fernando Sánches Alonso – XL Semanal
They came to Spain because the social and economical situation in Ukraine became complicated, but they could not have imagined that their country would become the centre of the conflict threatening to destabilise the entirety of Europe.
Pro-European: Yana Palatkina, 16 years old (9 in Spain)
"Before Maidan, I was ashamed of my country."
"I ran away from home because I wanted to be on Maidan," says this Odesa-born student, who has lived in Madrid with her mother for 9 years. When the protests started, Yana was on vacation in her mother city and she ran to Kyiv, the capital. "I left with my cousin. My parents knew nothing." She confesses that before the revolution in Maidan, she was ashamed of her country. "I told everyone I was Russian. Today I would give every last drop of my blood to Ukraine. Ukrainian patriots like myself are not fascists. They have to inform themselves before talking and stop insulting us!" Continue reading


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Speed Training
Speed Kills Period! A fast and agile (quick) athlete will win 99.9% of the time. Exceptional speed is inherent, however, all individual's can improve on their current level of speed by working on running technique, strength training, plyometrics, and reaction drills.
The Athlete
An athlete who is not naturally fast can improve reaction time through training. This can shorten the gap against a more genetically gifted athlete. We also refer to this as game speed. You can learn and develop to become faster through the proper training.
The 5 to 7 yard Bubble©
After years of research and study we have developed a comprehensive system for training our athletes to be faster and quicker on their field of play. Most sports activities can be determined within the first 3 to 5 steps of the movement or play. For the most part whether you play Football, Soccer, Basketball, Baseball, Softball, Wrestling, or Track the first 3 to 5 steps of a play or movement will determine your rate of success. If you are consistently quicker off of your break and can control your body through space you'll be guaranteed to come out on top.
What we do
We train our athletes to be the fastest and quickest things in a 5 to 7 yard radius. Our program develops that real world game day speed that will determine if you are a winner or loser. Practicing how to run and how to change direction at a high velocity will enable you to utilize your body in a more biomechanically efficient manner, thus allowing you to be a more effective athlete on the field.
Our program is advanced and demanding on the body. A general level of conditioning is required in order to prevent injury and maximize the most out of the program.


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Alistair Darling has developed a counter-gambit in the chess game for the future of Northern Rock. The threat is to nationalize the company and to bring in Ron Sandler, former head and rescuer of Lloyd's of London, to run it
The shareholder meeting is scheduled for Tuesday January 15th 2008. Shareholders have signalled their intentions of opposing plans to find a private owner at a price unfavourable to themselves. They intend to seek motions to prevent the board acting against the interests of shareholders.
These moves are understandable in view of the Treasury's position, which seems to be committed to recouping as much as possible of the billions 'invested' in rescuing the back since the crisis days since September 2007.
The Treasury counter-gambit, if successful, is good for tax-payers, and also protects Darling and chums from accusations of incompetence and worse by that sharp-tongued Mr Osborne.
The Chancellor, while preferring the sale into private ownership to go ahead has to demonstrate that the Treasury is perfectly willing to accept the nationalisation option.
So it came about, that on the Saturday preceding the meeting, the news became public that the Treasury had a well-worked out plan for nationalisation. Why?
Demonstrating that you are serious
Darling has to demonstrate a convincing threat to the shareholders, the group he has identified the biggest threat to his own position, at the battle of Northern Rock. Threats are effective only if they are taking seriously, and not taken as evidence of bluster and weakness. We have written of how the most potent threats are like unsung melodies, shaping events but remaining in the background.
So Mr Darling does not want to nationalize Northern Rock. Neither do the shareholders. But if The Chancellor can convince enough shareholders that he might be forced into a nationalization by their further opposition, it may help avoid the outcome none of the main players really wants.
The threat
The threat involves several elements. A signal of intent. Evidence that it is not a shallow move or an idle threat. The signal deliberately leaked is necessary to convey the seriousness. It can be backed up in chess terms (and in military and political terms) if it can be shown that recent moves by Darling have been played to strengthen the impact of the threat if activated.
Once again, the intrepid financial journalist Robert Peston continues his high profile scoops.
So Mr Peston gets his story for the BBC. Mr Darling gets his signal accurately and prominently reported.
According to bankers close to the Rock, the Treasury has a fully developed plan to own and manage the bank, should a commercial solution be impossible.
The BBC has learned that Mr Sandler would become executive chairman of Northern Rock in the event that the troubled bank is fully nationalised.
The former boss of Lloyd's of London is well known to Prime Minister Gordon Brown, and worked for the Treasury in developing the so-called stakeholder pension and investment products that were intended to help those on lower incomes save for retirement.
Mr Peston, through a leap of imaginative journalism, or perhaps through the way in which he had been briefed, then links the news with the upcoming shareholder meeting:
The coming week will be a crucial one for Northern Rock. On Tuesday, shareholders will attempt to restrict the ability of the company's board to sell assets without seeking their permission.
Robin Ashby, of the Northern Rock Small Shareholders' Group, said he would not welcome nationalization …
The shareholders' action is regarded by the Treasury as potentially hostile to the interests of taxpayers.
Taxpayers are exposed to the Rock to the tune of £55bn through direct loans made by the Bank of England and guarantees to other lenders made by the Treasury.
A decision will also be taken imminently by the Treasury on whether to pursue a proposal by the investment bank Goldman Sachs to convert up to £15bn of the taxpayer loan into bonds, for sale to international investors.
If that proposal to raise new finance for the Rock flops, it is likely to undermine attempts to organize a commercial rescue of the Rock by either a consortium led by Virgin or by the Olivant Group.
[See how Mr Peston was also struck by the chess analogy in his recent blog where he enlarges on nationalization and partial nationalization options and implications.]
The Chess Game reaches a critical middle-game position
The chess game is reaching a critical position, rich in possibilities. To press too hard risks losing the entire game. Darling has shown he is willing to accept a gambit, and now offers a counter-gambit himself, using the Bank of England to capture Northern Rock for the nation. Making such a move may be risky to the Treasury, but it is even more damaging than other possible outcomes, for the shareholders.
[A counter-gambit: your chess opponent makes an offer as a gambit, which is expected to give you short-term gains for which you risk longer-term losses. You reply with your own gambit, which agagin offers your opponent short-term gains and for which there are the risks of longer-term losses. Playing a gambit often complicates a game. Playing a counter-gambit tends to lead to even more complex positions and greater uncertainties]
That is why I like the efforts made to demonstrate the seriousness of the threat to the shareholder forces. The announcement that Mr Sandler has been lined-up is excellent. Easy to check up on, little lost if nothing further happens. That's what makes it quite a convincing move.
The Chess Players image is of Daumier's masterpiece. It can be found on an excellent site on Combinatorial Game Theory


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L'Arc de DAVIDOR Ring MM, 18k Rose Gold with Satin Finish
The signature L'Arc de DAVIDOR Ring MM in 18k Rose Gold with Satin Finish. This handcrafted stackable ring features the iconic repetitive DAVIDOR Arch pattern. The MM Ring is DAVIDOR's medium width ring in the L'Arc de DAVIDOR collection. Crafted by hand in DAVIDOR's Paris Atelier.


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At the Franklin School in North Bergen, music and chorus teacher Dr. Armine Irving and band teacher Vanessa Carr have begun using a program that is widely offered in Massachusetts called SmartMusic. Kids practice their instruments along with a computer program that tells them when they hit the right and wrong notes.
Many parents have paid for the program to help their children hone their musical talents.
Vocal mentor
Dr. Irving attended a Massachusetts Music Education Conference on March 1 through 3, 2012 in Boston where she was introduced to SmartMusic. She attends this conference yearly because she is a graduate of Boston University.
"I was amazed by the program," said Irving.
SmartMusic allows teachers to create assignments online. Students practice along with their computer. The program displays the incorrect notes played or sung in red, while the correct ones are displayed in green.
The program assesses their work, and teachers track the progress made.
"I think it's extremely beneficial to the little musicians in North Bergen," said Irving.
"It's extremely beneficial to the little musicians in North Bergen." – Dr. Armine Irving
Some students in the band paid for the program as well.
"I think it's a great program," said 11-year-old student Cathryn Pace.
The chorus only practices once a week at school, so kids can get in more practice with SmartMusic at home.
"It encourages students to practice," said Irving. "I'd like to see our students musicianship grow."
One of Dr. Irving's supporters is Principal Peter Clark.
"Children do better academically if they are interested and like what they're doing," said Clark. "The way she [Dr. Irving] approaches it, they want to do well, they want to learn, and that's why this program is so important."
Clark says that not only are the students excited about using SmartMusic, but so are their parents.
"It looks like an excellent move for both the band and chorus," said Linda Koetter, the parent of Gianna Corbiscello.
"It would be nice if other schools adopt this," said Irving.
Irving urged anyone who needs help with SmartMusic questions to contact her at Franklin School at (201) 974-7007.
Irving thanked Krista Welz from the North Bergen Public Library for teaching her to upload MP3 songs onto SmartMusic.
More technology
In addition, 22 Kindle Fire tablets have been ordered for Dr. Irving's general music class. The money for the tablets was roughly $3,000 and came from The Board of Education.
"I am…bringing technology to my music program," said Irving. "It's not mandatory, but I want to make my music program better. It becomes interactive and takes the lecture away."
Vanessa Cruz can be reached at firstname.lastname@example.com


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Shared Topic: Fringe Benefits of Bringing Classes to Raid
Or, in the perspective I'm going to take, how to make them want you (and your paladin) badly.
Here's a Shared Topic that's pretty timely for our class. It was suggested by death knight veteran Shop of Runeforge Gossip and you can see what bloggers from other classes had to say by checking out the grand collection of links thread at Blog Azeroth. Since this post isn't being written at the last minute (yay!) you can even write about it yourself and post a link to it in that thread.
And while you're in the Shared Topics forums, please do me a favor and suggest a Topic. PLEEEEEASE!
Right, so I still don't have a computer. Which means no WoW for screenshots or facts checking. Also means no photo editing, so you'll be stuck with recycled pictures. I'm sorry. I'll try to compensate with more dirty jokes.
Meters are Backstabbing Jerks
The day after 4.0.1 dropped, a pally friend whispered me: "We're still bad at raid healing, and now we're bad at tank healing too. Anything we can do, every other class can do better. There's just no point in bringing us to raids anymore."
Even after the hotfix, it's no secret paladins are looking terrible on the meters. This may or may not have improved since my forced vacation from WoW. In a guild with a strong, knowledgeable healing team this doesn't matter (I've yet to receive a single negative comment from my guildies) but out in wild wild PuGs with under geared tanks and incompetent co-healers, our weaker output on paper (or is it on screen?) makes us the innocent target of much abuse.
Death to the Mediocre Paladin
It used to sadden me (ok, that's an understatement, it sent me into a blind rage) when people would complain about paladin healing being too easy before 4.0.1.
What is more accurate is that pre-4.0.1, paladin healing was easy to be mediocre at. Any moron could spam holy light and keep a tank up while looking great on the meters. The good holy paladin, however, saved many teammates with the clever use of their Hands and Holy Shock. Prevented wipes with their cooldowns. Could compensate for dead or incapacitated co-healers by creatively adjusting Beacon and Sacred Shield targets. Being good, now, that took perfect reflexes, excellent judgment and a deep understanding of fight mechanics.
I've raided with many, many holy paladins in my time. I can count the good ones on the fingers of a single hand.
Ok, so enough about the past, you say. What about now? How do I make them love me now? And, well, more or less the same as before. Except now mediocrity isn't enough.
How to Really Shine as a Healadin in 4.0.1
1) Expect the worst. Remember that girl at Blizzcon who said dps shouldn't be taking damage? She wasn't a healer. Unless you're raiding with Ensidia or some other high end guild (and you're probably not if you're reading this blog), people are going to be stupid and terribad in every possible way. And you're going to shut up and appreciate the challenge. After sweating buckets healing a tank standing in the fire (or healing a 5 man tanked by a mage), you're going turn around and say "thank you, may I have another". Always come prepared for the worst case scenario. It's the rationale behind stacking mana you won't use up, behind keeping a cooldown handy, behind watching everyone's health bar, not only your assignments'. Your job comes first, but preventing a wipe is a close second and is everyone's responsibility.
2) Gauge each player. The tank in blues will risk being two shotted and will struggle with aggro. The overgeared hunter will pull aggro all over the place. The priest with ungemmed gear will be dead weight. When you regularly run with the same group, notice patterns in their behaviour. The DK tank who often runs out of line of sight. The bear who forgets to use his cooldowns. The priest who gets tunnel vision. The rogue that always runs to the wrong side. Knowing each player's individual flaws lets you act preemptively, whether it be positioning yourself strategically, hovering your finger over a cooldown at the right moment or being ready to yell "PERSON A! OTHER SIDE!"
3) Use Your Hands You've got four of them! Hand of Protection (which you can read about in depth if you click the link) will keep those clothies up all night. Or at least during trash and adds heavy fights. Hand of Salvation, or should I say Handjob of Salv, will earn you the undying love of at least one dps. (I've always wanted a macro that whispers my HoSalv target with "Handjob of Salv on you…enjoy the afterglow!") Hand of Freedom will shut up many whiny tanks who complain they can't move. Hand of Sacrifice, though inconveniently needing to be paired with Divine Protection or Divine Shield (depending on circumstances), is still a powerful single target damage reduction tool. You won't use it often, but when everyone else's cooldowns are used up and all hope is lost, you'll learn to love it.
4) Use the right Aura. A common oversight that needed to be mentioned. Your raid will remind you if you forget to remove Crusader Aura, but no one will tell you if you leave Retribution Aura up. Resistance Aura for magic damage fights (you can use it for pretty much all of ICC) and Devotion Aura for physical damage fights. Since you're now the only person with Aura Mastery, you'll want to keep up the Aura most useful to the current fight.
5) Blizzard gave you cooldowns for a reason. I love cooldowns. I love cooldowns a lot. I keep pictures of cooldowns in my locker. I cried when they took Divine Sacrifice from me. It leaves us with Aura Mastery as our only real mass raid mitigation ability. If you're expecting a period of major damage (or of mass stupidity), save it. Otherwise give everyone a break and use it on cooldown. Single target-wise, you've got your Hands and also your Lay on Hands. With the new short cooldown, you can use it about once a fight now. It's perfect for those EEKINEEDASPELLBUTNOTIME moments. Save a tank, lay your hands on them.
6) Bubble for the cure Simultaneous need to move and cast Divine Light? Bubble, cast, move. Don't abuse Divine Shield, but in a pinch, you've got an extra 8 seconds of reaction time.
7) Dispell, dispell, dispell What more do I have to say? If you can dispell it, do so. Unless it's the abom on Putricide. Don't dispell that unless a wipe is called.
8.) Remember it's a healing TEAM. If you know you won't be able to keep the tank up, get a druid to spare some HoTs. If another healer falters, spare an instant cast on their target while they recover. Notice damage patterns. Share your observations. In a PuG, your efforts won't always be welcome, but more often than not, they will be.
Finally, remember that timing is everything. What holy paladins are currently missing in mitigation and raw output, we make up for in precision. With short but powerful abilities like Hand of Protection or Divine Shield, with several instant spells that can prevent a two-shot and with a mastery that allows a small buffer to cover casting periods, your timing can make or break your gameplay and be the difference between a kill and a run back.
Get the right spells out and the right times, and you're a machine. You can't fix meter-obsessed idiots, but you can prevent a wipe.Explore posts in the same categories: Teh paladin
Tags: aura mastery, dispell, hands, healing, healing teams, holy, holy paladin, holy paladin abilities, lay on hands, PaladinBoth comments and pings are currently closed.
12 Comments on "Shared Topic: Fringe Benefits of Bringing Classes to Raid"
November 11, 2010 at 6:29 am
"People would complain about paladin healing being too easy before 4.0.1."
After healing on a druid for most of Wrath, a paladin was SO hard. Even after leveling a shaman and a priest to 80, paladin healing still felt extremely stressful to me. If I miss one HL the tank is dead? No buffer? Aaaaaaa! I haven't even specced my paladin since the patch, it was that bad. Maybe if it's changed so much it won't feel like a nerf to me… maybe I'll enjoy her again. (Though, reading your post, I'm still overwhelmed by all the cooldowns… I don't love them.)
November 11, 2010 at 9:43 am
"Even after the hotfix, it's no secret paladins are looking terrible on the meters."
It's been a while for me, since I too have been on a forced WoW vacation, but it's always amazed me to see Holy Pallies catch up to or surpass the AoE healing power houses that have been Resto Shaman/Resto Druid/Holy Priest with their direct healing prior to ICC content. While I had been healing 10 mans though on my Shaman during ICC, I could easily surpass a Holy Paladin on the meters, seeing as though I was not only raid healing, but also keeping my shield and riptide up on the MT. Perhaps I was just a bit bored with the lack of healing to be done raid wise and ended up stepping on the Paladin's job a bit. I did get my butt whomped on Dreamwalker though, pretty royally.
I suppose in my eyes I've always taken healing meters with a huge grain of salt, mainly because unlike the "almighty" DPS meter, healing numbers simply have too many factors to be able to represent a player or even a class properly. Timing, incoming damage, mitigation factors (Priestly Disco bubbles FTW!), and sometimes RNG factors themselves almost never seem to show properly. In my mind it's more of "Did I do everything I could to prevent so-and-so's death?" Though, I am curious, if that is a shot of one of your meters, what types of plug ins do you use to show Power Word: Shields effectiveness?
I really wish you had done this post about 6-8 months ago and I had stumbled upon it then! All of this info would have been incredibly precious for when I was forced to learn how to Holy Paladin heal, crash course style, in an ICC 25 (I was locked out of my account, I was supposed to lead a raid containing my guild and another, the boyfriend didn't want to raid anyways…oh boy). All in all this has been a great read!
November 11, 2010 at 1:21 pm
…and don't dps just love HoP now that they can't click it off? No? Good! HoP – coming to an OP DK near you (and again, and again).


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The State Board of Canvassers will now have up to 10 days to certify the Detroit mayoral election results after the Wayne County Board of Canvassers decided on Tuesday not to certify the results, Fox 2 News reported.
WJBK – The canvassers's job was to meet in Detroit to examine the vote total and certify the election. On Tuesday the board decided it could not certify the election and has asked the state of Michigan to do it.
SEE RELATED: Napoleon wins Detroit mayoral primary, board rules
Statement from Benny Napoleon regarding voting discrepancies during the Detroit PrimaryElection:
"A citizen's vote is the cornerstone of Democracy, and people should be able to put their faith in their ballot.
"This is no small margin of error. This is very troubling and I believe it is cause for Detroit's General Election to be overseen by the highest authority – either the Federal Elections Commission or the Department of Justice. Detroiters need to know their votes count and is not predicated on someone's actions or inactions. We must protect our most sacred right at all costs."
Statement From Bryan Barnhill, Campaign Manager for Mike Duggan:
"Our opponents tried another dirty trick today and it didn't work. To its credit, the Board of Canvassers unanimously refused to disenfranchise 18,000 Detroiters who properly cast their write-in votes for Mike Duggan. We're confident the State Elections Division will certify the results of the election properly and make certain that all votes are counted."
Regardless the official winner of the primary election, Napoleon and Duggan still will face off in the November general election.
Read more https://www.michronicleonline.com/index.php/news-briefs-original/14088-update-wayne-county-board-of-canvassers-will-not-certify-napoleon-win


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Judd Apatow has a habit of making us laugh and we like him for that. But now that he's achieved a certain ubiquity, he has raised an intriguing question: Can you be both ubiquitous and funny?
If you doubt that the Apatow brand has become pervasive, consider the following:
Next weekend, Apatow's new production, "The Five-Year Engagement," opens the Tribeca Festival, where he will also appear on a panel with no less than Meryl Streep and Robert DeNiro. Apatow will even deliver grooming tips in Morgan Spurlock's documentary, "Mansome," also opening at Tribeca.
Another Apatow production, the weekly series "Girls" starring (and created by) Lena Durham, starts its run on HBO next weekend (some are comparing it to "Bridesmaids," also from Apatow's comedy mill). Trailers will soon be in theaters for "This Is Forty," which Apatow produced and directed — the movie opens in December. The Apatow-produced "Wanderlust" is still wending its way through the circuits.
It was only 15 years ago that Apatow's career got off to an unpromising start when his "Freaks and Geeks" series was canceled early and his first screenwriting gig, "The Cable Guy," took a quick dive. But the young comic quickly displayed his resilience by creating his series of naughty narratives: "The 40 Year Old Virgin," "Knocked Up," "Superbad" and "The Pineapple Express." The young audience had found a new king of comedy. Or at least a new master of the dick joke.
There were still some stumbles. The 2009 "Funny People," which Apatow wrote and directed, proved not funny enough and desperately overlong. I liked the biopic parody he co-wrote, "Walk Hard," but few others did.
Still, Apatow's style and sensibility has left its mark on a remarkable body of work — one that seems to be expanding.
Its characteristics are clearly evident in "Five-Year Engagement" and even in "Girls." In an effusive review of the show in New York Magazine, Emily Nussbaum admitted the sex scenes made her both "cringe" and laugh. "It's a show about life lived as a rough draft," she wrote.
Much of "Five-Year Engagement", too, reportedly plays like a rough draft, alternately languid and lewd. In all Apatow projects a curious sentimentality lurks behind the singularly unromantic sex scenes. The dick jokes and sexist insults are always followed by hugs (Apatow characters are big on hugging).
Even by the standards of cable television, "Girls", too, is rough stuff — a sex comedy from a female POV. If Dunham is the poetess of the Millennial Generation, she's also the chronicler of the Millennial Meltdown.
At age 25, she has already made two movies and is writing, producing and starring in her weekly series. Yet the character she plays, Hannah, simply doesn't cope well with challenges of any sort. She freely displays her own pear-shaped body in sex scenes, none of which end well. In striking contrast to the denizens of "Sex and the City," Hannah and her friends are broke and look to their parents or grandparents for support.
What is the Apatow influence on "Girls?" No one talks about this. Just as the early "Knocked Up" movies reflected a "guys" perspective, "Girls," like "Bridesmaids," reflects both a different point of view and yet a similar sensibility.
What interests Apatow most of all, however, is that the laughs keep coming. And that the brand keeps building.


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Students prepping Saturday for ACT
TUSCALOOSA | The time to take ACT exams for high school students is fast approaching, and this year being ready for the standardized college entry test is more important than ever, particularly for sophomores.
Starting next school year, all 11th-graders will be required to take the ACT to graduate from high school. The ACT will be given in lieu of the Alabama High School Graduation Exam, which is being phased out.
To help prepare students for ACT exams this year, attorney Leslie Raby and Tuscaloosa City Schools PTA president Janice Filer are offering an ACT prep course for students.
The ACT training course will be held from 8 a.m. to 6 p.m. Saturday and from 1-5 p.m. Sunday at Cornerstone Full Gospel Baptist Church, 610 Brooksdale Drive. The course will cost $20 per student.
"We're holding the training session because statistics show that students who take the ACT early score better," Filer said. "We want our students to start taking the ACT in seventh grade.
"Also, traditional ACT prep courses are too expensive," she said, adding that some prep courses cost between $600 and $800.
"Our kids can't afford that. This class is affordable," Filer said.
Raby has taught ACT prep
courses at the Sylvan Learning Center and Huntington College in Montgomery. Filer, who will be assisting Raby, is a reading specialist at Shelton State Community College.
The class will be held in four sessions. The first starts at 8:30 a.m. Saturday. After that session, lunch will be served. After lunch, the next session will be held at 12:30 p.m. An open microphone session on cyber bullying will be held after the 12:30 p.m. session. The third session will begin at 4 p.m. The final session will be Sunday at 1 p.m. For information, contact Filer at firstname.lastname@example.com.
Reach Jamon Smith at firstname.lastname@example.com or 205-722-0204.