Blog Archive

0

Trauma Tuesday: Whippers, the Down Side of Climbing

first_imgTrauma Tuesday: WhippersIn theory, climbing is a simple concept to grasp: reach up, step up, and keep moving higher. But gravity doesn’t always agree. This footage of Leslie Timms at the New River Gorge in West Virginia serves as a reminder of the “down” side of climbing – literally. Timms’ major whipper sends her flying down the wall in the middle of a tough sequence on Dead Raibéid, one of the New’s numerous classic 12+ trad routes.last_img

0

November 15, 2004 Letters

first_imgNovember 15, 2004 Letters Letters Without Just Cause In September 1981 I had the privilege of becoming a member of The Florida Bar. I was naive and idealistic, having not been educated as to the practical realities of our legal profession.Twenty-three years later I feel compelled to write as I sit in a courtroom waiting for the bailiff to pull a case from a stack of no less than 100 files.The number of cases filed in our courts is staggering; however many are lacking in just cause.Our legal systems lacks an effective mechanism to weed out frivolous cases which unfortunately are absorbed by overworked staff, judges, and often lawyers who so casually look over the idealistic foundations of our judicial system. We pretend that certain rules of procedure will safeguard against such abuse, yet how often are sanctions imposed pursuant to Florida Statute §57.105 or by striking sham pleadings? What are the downside consequences? Usually none, for so many of the unscrupulous litigants have nothing to lose; their lawyers are generally protected by the cloak of pretending to merely be advocates for their clients. I often think of the costs associated with running a courtroom to oversee countless cases which should have never been instituted.So what is the solution?Perhaps a system could be designed whereby retired members of the legal profession or judiciary could be retained to screen cases before they are filed. As with medical malpractice cases, the procedure could also involve some limited discovery or supplemental affidavits. If such committee members were to be paid even $25 per hour, the costs would be substantially lower than those associated with the payment of courtroom personnel, judges, lawyers, and other staff inherently involved in the handling of cases. Even a 10 percent reduction in the number of cases could represent enormous savings.Currently, when a lawsuit is filed, the defendant is typically forced to retain counsel in order to protect their rights, regardless of whether such action has merit. This typically will place a litigant in a position of deciding whether to pay legal fees which probably will never be recovered, or alternatively using those dollars to settle a frivolous action.One may argue that pursuant to Rule 1.442, Offers of Demands for Judgment, safeguards have already been implemented, however so many cases involve litigants who are judgment proof and consequently have nothing to lose and only something to gain.In any event, these are just some thoughts which come to mind while I am waiting for the second hour for my case to be called. Stephen Rosenthal Adventura Gay Adoptions I was quite taken aback to see that The Florida Bar, through the Family Law Section, was taking a position on a very divisive political and social issue. While there has been an attempt to suggest that this particular Bar section is using its voluntary annual dues to advocate legislative positions, the general public would no doubt be unaware of same, and assume that the total Florida Bar would be behind this advocated position.One should know through the hot debates of the ABA on issues of abortion, and so on, that members of the Bar would hold various and diverse views on this topic. The Florida Bar should refrain from taking such positions because of this. It is well known that, on homosexual rights issues generally, the vast majority of the population, which would include Bar members, would not join in advocating homosexual rights for adoption.While advocates try to suggest that their issue is actually one of children’s rights, that stance this is really disingenuous and deceptive as these advocates seem to have one thing in mind: to further the homosexual agenda, despite the negative effects that the homosexual household will generally have on a child to grow up fit and well-adjusted.I notice that some of the persons who have advocated the Family Law Section position for homosexual adoption rights have attempted to resort to the usual name-calling of “bigots,” and have again tried to hook their star to the wagon of racial discrimination, since they know full well that the homosexual rights agenda could never stand on its own. While Family Law Section Chair Evan Marks cleverly attempts to use Dr. Martin Luther King’s quote, “always the right time to do the right thing,” (unfortunately used out of context), Dr. Martin Luther King, Jr., would certainly not promote homosexual rights, but far from it. As the Rev. Richard Bennet, Jr., (an African-American) stated at last year’s Martin Luther King, Jr., remembrance, “Dr. King would be outraged at efforts to link gay rights advocacy with the black civil rights struggle.”Attempts to disparage as “bigots” those who point out the immorality of the homosexual agenda are misplaced and merely part of a plan to attempt to legitimize behavior that is in fact inherently immoral.Promoters of homosexual adoptive rights cry of “an age of enlightenment.” I assume their enlightenment would also place children in homes where polygamy or bigamy is practiced. What about pedophilia or a household where incest is present? These are all moral choices; the same as homosexuality is a moral choice, and I might add, not good ones.It is no coincidence that the world’s three major religions, Christianity, Judaism, and Islam, do not condone homosexual behavior and, in fact, find it offensive, immoral, and unsanctioned.We can certainly find other solutions for the foster children problem other than settling for placing our children in homes dedicated to poor moral choices.Our society needs leaders with backbone, character, and the willingness to stand up for moral values. Lawyers should be leaders in our society, and not simply followers of the latest trend. Those trends will pass, but character, morals, and values will endure.The bottom line is that the “gay debate,” whether it be on homosexual marriage or homosexual adoption rights, is a moral issues debate and not a civil rights issues debate. It is not an issue of equality, but rather an issue of right and wrong.There is a big difference in not discriminating against someone based on sexual orientation in one’s day-to-day living versus the state putting its stamp of approval on immoral behavior. Those of us opposed to homosexual conduct do not hate those involved, but rather want to see the homosexual helped with his or her difficulty, as much as we want to see these foster children receive appropriate help. The homosexuals who desire to adopt have obvious confusion with their natural sexual identity and will likely pass that view of confusion onto another generation in their household.Just because there are not enough parent types who will adopt the current group of foster children does not mean we simply turn them over to whomever might apply for the job.While the Bar rules of professional conduct may state that lawyers may not discriminate based on sexual orientation, we lawyers can properly represent persons of confused sexual identity and not agree with nor endorse their lifestyle. We can treat people with dignity and respect without endorsing their moral behavior. That is in fact “tolerance” in its purest sense, as opposed to the expanded definition whereby homosexual agenda advocates desire to confuse tolerance with “acceptance and/or approval” of the behavior. Our criminal defense Bar represents many accused, who have in fact committed the crimes, but that doesn’t mean those lawyers condone the behavior. James M. Hammond ClearwaterAdd my name to those in support of the Family Law Section’s resolution in favor of eliminating from Florida law sexual orientation as a legal impediment for those seeking to adopt.Hopefully, the Board of Governors will grant permission to the section to lobby the legislature to bring Florida’s statutory adoption laws in line with every other state.It is my firm belief that every one of our board members shares the view that any law found to be discriminatory should be struck down. I also believe that every board member feels duty bound to provide “service to the public, to improve the administration of justice, and to advance the science of jurisprudence” which is the defined purpose of the Bar.Therefore, every Florida lawyer is, or ought to be, on the same page when it comes to discharging their responsibility to serve the public and to improve the administration of justice by actively participating in any cause designed to eliminate from our statutes all discriminating laws which deny equal protection and treatment under the law.I suspect some board members will hesitate to cast an affirmative vote on the section’s request because they may deem the issue too divisive to the Bar’s general membership. Assuredly, among our Bar population there are those who deem themselves as fundamentalists who are barred by their own religious doctrine to allow for consideration of the rights of those on the other side of issues such as sanctioning an adoption of a child by a gay person.Every contested issue on which the board votes is of a “divisive” nature. Some lawyers agree thereon and some do not. That is the true democratic system of governance. The policy was designed, as best as I can remember, to preclude the board from taking positions on issues that were outside the definition of the purpose of The Florida Bar as defined by the Florida Supreme Court in the Rules Regulating The Florida Bar. The policy would, as it should, preclude the board from taking such divisive actions as supporting one political party over the other or supporting one candidate for public office over another or perhaps endorsing a commercial product. But for anyone to argue that the policy should preclude the board from considering whether the Bar should join in a cause that is intended to advance, if not preserve, the concept of equality for all under the law is to defy logic as well as frustrate the true purpose of our existence as lawyers and as guardians and ministers of the law.We just celebrated the 50-year anniversary of Brown v. Board of Education. I was a member of the Bar for four years when that landmark decision came forth. One cannot help but wonder as to how the board would have voted if called upon 50 years ago to support the concept that segregation of our school children was legally and morally wrong and therefore should be discarded. I would hope that the board members at that time would “stand tall” and vote their conscience.I truly believe that upon reflection, the board will do the right thing for the right reason.The section should be saluted for its courage in promulgating its resolution. For as Confucius said: “To see what is right and not to do it, is a want of courage.” Burton Young Past President of The Florida Bar 1970-71, North Miami Beach DCAs and PCAs A recent News story indicated the Supreme Court has established a committee to examine DCA workload and rejected a request to eliminate PCAs. As to the workload, I suggest that DCA and Supreme Court law clerk positions be eliminated and more appellate judge positions be created.My reason is that clerks usually have no courtroom or appeal experience. But they have been given unfounded authority to summarize experienced lawyers’ briefs with one page summaries upon which DCA judges or justices often decide cases. But there is no way for appellate lawyers to challenge clerks’ summaries for accuracy and understanding or to examine if the clerks have any bias in favor of, or against, an appellate lawyer or firm. For example, one panel of DCA judges asked me in oral argument what relief I was seeking. What? Hadn’t they read my brief which contained relief sought in three places, including a one paragraph conclusion? They were obviously depending upon their clerks’ summary. Judges should be required to read all briefs and cases and law. If necessary, lawyers filing briefs could send along copies of statutory and case law highlighted just as they now provide to trial court judges and opposing counsel in trial court motion hearings. But law clerks should be totally eliminated from the appellate decision-making process.As to PCAs, one Supreme Court justice said that the only power judges really have is credibility, which is strange since an order or judgment can effectuate police powers. However, as an arbitrator for the American Arbitration Association, on every case I listened to and decided, I felt I owed to the parties and their counsel the respect to analyze their case in writing because I wanted the award to be credible, even though arbitration awards are not reviewable or reversible on appeal absent bias.Additionally, many times in trial courts I have seen trial judges who appeared leaning initially pro or con on an issue totally reverse their positions as they reviewed and discussed the case law or statutory law presented. I have always tremendously respected such judges for their judicial wisdom and bearing and values after such analysis of the cases presented, and when they told counsel what law they were following and why at the end of the motion.After all, isn’t presentation of law and facts and polite argument and discussion what the practice of law in our profession and in our system of government all about?PCAs should be eliminated. William Riker Manchester, CT November 15, 2004 Letterslast_img read more

0

Jeremy Lin pledges up to $1 million to coronavirus battle

first_imgCoronavirus emerged in central China in December before spreading across the world as a pandemic, with the United States increasingly hard hit.Lin on Monday returned to the same theme on The Players’ Tribune website in a first-person piece titled “The Darkness Has Not Overcome It”.”One simple way to be the light is to support organizations doing crucial work during the crisis,” Lin wrote in making his pledge. “You know, my whole life, I’ve been treated a certain way because I’m Asian,” Lin added, mentioning some of the racial stereotypes he has been subjected to. “I’ve even been asked if I can see. I’ve been told to go back to where I came from. “During the height of ‘Linsanity’ I was still the butt of many Asian jokes.” Lin, in Beijing awaiting the restart of the CBA season after the health emergency eased in China, urged people all over the world, irrespective of race or country, to pull together.”No one knows how devastating the impact of this crisis will be, but the projections aren’t good,” Lin wrote.”We’re going to be recovering from this for a long time.”But in the process, there will be so, so many opportunities to choose light.”Topics : Former NBA guard Jeremy Lin, the first Asian-American to win an NBA title, pledged up to $1 million to coronavirus relief efforts on Monday.The 31-year-old, whose 2012 heroics for the New York Knicks were dubbed “Linsanity”, will donate $500,000 and said he would also match all donations up to an additional $500,000. Lin, who now plays for Beijing Ducks in the Chinese Basketball Association (CBA) after winning the 2019 NBA championship with the Toronto Raptors, last month tore into US President Donald Trump for “empowering” racism by calling coronavirus a Chinese disease.last_img read more

0

Willis Towers Watson sees signs of recovery at German schemes

first_imgA slight rise in the discount rate reduced liabilities in DAX companies by almost 5%, or €18bn, to approximately €354.2bn.In 2014, however, the companies suffered a liability increase of nearly 300 basis points.Positive returns came mainly from European and global equities, with each segment producing an average 10% return and both jointly accounting for one-quarter of Willis Towers Watson’s model portfolio.REITS, representing just under 5% of the model portfolio, returned more than 18%.Willis Towers Watson said most institutional investors were investing in closed-end funds or holding real estate directly, adding that details on the real estate portfolios were not disclosed in the annual reports.Thomas Jasper, head of retirement solutions at Willis Towers Watson, said: “Over the short term, plan assets can be expected to be more correlated to equities, but, over the long term, there will be more correlation to alternative asset classes.”He said the improvement in interest rates and, in turn, the increase in discount rates were “a positive sign for occupational pensions”.He noted, however, that small and medium-size companies using the HGB discount rate, based on a historical average, were still facing another decrease in the rate, as pre-crisis years were falling out of the average.The German government has now decided to increase the calculation period for the average from seven to 10 years.For more on the discount rate under the HGB accounting standard, see the April issue of IPE magazine The pension funds of companies listed on Germany’s DAX stock exchange are more than 65% funded, an increase of 5 percentage points compared with the end of 2014, according to estimates by Willis Towers Watson. The consultancy’s ‘German Pension Finance Watch’ calculated an overall average return of 1.7% over the period and a nearly 50-basis-point drop in liabilities. Looking at the pension liabilities of German listed companies based on model portfolios and annual reports, Willis Towers Watson found that the average discount rate, or Rechnungszins, increased from 2.15% at end-December 2014 to just over 2.3% a year later.For its calculations, the consultancy employed the median discount rate published by the listed companies, determined according to international accounting standards.last_img read more

0

5 Things Not to Do After a Breakup

first_img Tweet 1. Call him every time you think about him. If your ex pops into your head every seven minutes, we wouldn’t be too concerned. (After all, how can you not think about the guy when your song comes on/when you find his shirt in your laundry/when someone quotes a line from the last movie you saw together/when the woman in front of you at the deli orders a sandwich with his favorite deli meat.) But if you’re actually dialing your ex’s number every seven minutes, like von Stalkerson did, you need to reel in the crazy.2. Share every up and down of your emotional roller coaster on Facebook. That goes double for thinly veiled postings. Because, this just in: Evvverybody knows exactly what you’re talking about when you write, “Some people will always be a-holes” or “Everything happens for a reason”. And it makes you look like you haven’t moved on and won’t anytime soon. Repeat after us: Facebook is not my diary, Facebook is not my dairy, Facebook is not my diary…3. Get a haircut. We’ve said it before and we’ll say it again: Go to the salon post-breakup and you could walk out looking like Javier Bardem in No Country For Old Men. What’s worse than being newly single? Being newly single with a bowl cut. Wait till you’re in a slightly less stressed zone before you make any major changes to your look. (That means avoiding tattoo parlors too, obviously.)4. Throw yourself into the arms of another guy. Let us be perfectly clear: We’re fine with you throwing yourself into the bed of another man (hey, enjoy your newfound sexual freedom); we just don’t think you should get all emotional with a new dude and jump right into another relationship. We know you’re aching to be half of a twosome again, but letting the proverbial body get cold first will seriously up the chances that your next relationship will last.5. Try to be “just friends” right away. We’ve developed an easy quiz to figure out if you’re ready to be his buddy. Would you be totally cool hearing him talk about a new girl he’s into? One point for yes. Two points for heeeell no. If you have more than one point, being friends is out of the question.by Zoe RudermanMSN Love Share Share Sharecenter_img Sharing is caring! 51 Views   no discussions LifestyleRelationships 5 Things Not to Do After a Breakup by: – February 23, 2012last_img read more

0

There’s more to life than football – Mikel

first_imgMikel has left the Turkish club after voicing his concerns over the coronavirus.“There is more to life than football,” the 32-year-old had said on Instagram.“I do not feel comfortable and don’t want to play football in this situation. Everyone should be home with their families and loved ones in this critical time.Turkish Super Lig games are still going ahead with Tabzonspor drawing 1-1 with Isatanbul Basaksehir on Sunday, while matchday 27 is still scheduled to go ahead this weekend.Mikel, who made 368 appearances for Chelsea between 2006 and 2017, said he did not feel comfortable with top-flight games in Turkey being played despite the worldwide coronavirus pandemic.All the major leagues in Europe have been suspended, while MLS has also shut down, while UEFA’s Champions League and Europa League have also been suspended, as well as Euro 2020 and the Copa America.Read Also:Mikel Obi quits Trabzonspor by mutual consentTrabzonspor confirmed in a statement that the Nigerian, who joined them last year and had a contract until May 2021, had left by mutual consent.FacebookTwitterWhatsAppEmail分享 Promoted ContentWhat Happens To Your Brain When You Play Too Much Video Games?The Very Last Bitcoin Will Be Mined Around 2140. Read More6 Ridiculous Health Myths That Are Actually True7 Universities In The World Where Education Costs Too MuchMost Popular Movies With Sylvester Stallone9 Facts You Should Know Before Getting A TattooThe Funniest Prankster Grandma And Her GrandsonWhy Go Veg? 7 Reasons To Do ThisBest & Worst Celebrity Endorsed Games Ever Made8 Best 1980s High Tech Gadgets7 Ways To Understand Your Girlfriend Better7 Truly Incredible Facts About Black Holes Loading… center_img Nigeria’s John Obi Mikel has sensationally revealed why he parted ways with the Turkish side, Trabzonspor, saying he cannot continue to risk his life for the sake of football.Advertisementlast_img read more

0

FIBA technical training postponed indefinitely

first_img Promoted ContentWhich Country Is The Most Romantic In The World?7 Reasons Why You Might Want To Become A Vegetarian8 Superfoods For Growing Hair Back And Stimulating Its Growth10 Of The Most Powerful Women Across The GlobeThese Films Were Sued For The Weirdest ReasonsIs This The Most Delicious Food In The World?Birds Enjoy Living In A Gallery Space Created For ThemYou’ve Only Seen Such Colorful Hairdos In A Handful Of AnimeThe Very Last Bitcoin Will Be Mined Around 2140. Read MoreWhat Happens To Your Brain When You Play Too Much Video Games?The 10 Best Secondary Education Systems In The World7 Non-Obvious Things That Damage Your Phone Afolabi-Oluwayemi said staying alive is the primary focus for all while other activities have taken the back seat for now until the world gets out of the conundrum. A new date will be announced once there is a clear signal from relevant authorities saddled with combating the novel Covid-19. read also:NBBF applauds FG gesture foe injured D’Tigress star “For now, we all need to maintain social-distancing. Those having symptoms should be socially responsible and quarantine themselves while they get in touch with the National Centre for Disease Control (NCDC) as we all adhere to the safety health tips”, she said. FacebookTwitterWhatsAppEmail分享 Nigerian Basketball Federation has announced the indefinite postponement of the 2020 FIBA Certification Course for its Table Officials earlier slated to commence on the 27th of April. Loading… This is due to the coronavirus pandemic and the resultant restrictions of movements all over the world targeted at stemming its spread. Announcing this on Monday, the NBBF Secretary General, Afolabi-Oluwayemi Olabisi said it was imperative to officially inform all stakeholders about the latest development. “Since the Federal Government has announced suspension of non-essential flights in and out of the country as well as total lockdown in Lagos, Ogun State and the Federal Capital Territory, it will be next to impossible and socially irresponsible to still go ahead with the training.”Advertisementlast_img read more

0

Equality in the NBA

first_imgAll pro athletic leagues want you to believe that they have developed a way to provide equality for all cities who have a pro team.  I think the NBA still has a way to go.  When I wrote this article, the Golden State Warriors had finally lost their first game of the season after 24 wins.  Last years champs, behind the play of Stephen Curry, show that the human aspect of the game is still a factor.  The Davidson star is simply the best player in the NBA at this time, and his play has made the Warriors almost unbeatable.  On the other side of the coin, the Philadelphia 76ers have a record something like 2-30.  I don’t think they have received their equal share of basketball players just yet.  There are factors such as money, coaching ability, and draft skill that has to be taken into account.  Give the 76ers Steve Kerr and Stephen Curry and I think the two records might be reversed.last_img read more

0

FDA Lifts Restrictions on Mask Sanitizing Machine

first_imgThe F-D-A has lifted restrictions on a machine designed to sanitize up to 80-thousand masks for re-use every day.Thousands of protective masks used by hospital workers can be sterilized daily using the Ohio-made technology. Food and Drug Administration officials approved the use of Battelle’s Critical Care Decontamination System yesterday at the urging of Governor Mike DeWine and President Trump. The Columbus-based lab’s system uses hydrogen peroxide vapors to sterilize respirator masks.The machine is simply a metal shipping container with the ability to clean masks using a combination of pressure and hydrogen peroxide.But the company was being limited to just 10,000 masks a day, and they could only use them in Ohio. Governor Mike DeWine picked up the phone and called President Trump. After the call, the machines were approved for 80-thousand masks Sunday night. Not just for Ohioans but for people throughout the country.More machines are ready to be sent to Seattle, New York, and Washington, D.C.last_img read more

0

Board of Control for Cricket in India (BCCI) Asks Franchises To Prepare Sporting Wickets

first_imgNew Delhi: The first match of the Indian Premier League (IPL) saw Chennai Super Kings bundling out Royal Challengers Bangalore (RCB) for just 70 runs at the MA Chidambaram Stadium in Chennai on Saturday. While both CSK skipper M.S. Dhoni and his RCB counterpart Virat Kohli said that the pitch wasn’t how they had expected it to be, former Australia and CSK opener Mathew Hayden called it “below standard”.The Board of Control for Cricket in India (BCCI) has now asked the IPL franchises to prepare sporting wickets for the rest of the tournament.Speaking to IANS, a senior BCCI official said that while the board doesn’t interfere with the wickets prepared during the popular T20 league, it should not be heavily tilted towards either the batsmen or the bowlers.”The franchises have the freedom to prepare wickets without the interference of the BCCI, but the wickets should be sporting and not heavily titled in favour of either the batsmen or bowlers,” the official said. IANSAlso Read: SPORTS NEWSlast_img read more